Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants: Perchloroethylene Dry Cleaner Regulation Maine Department of Environmental Protection, 20895-20900 [06-3855]
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Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R01–OAR–2006–0119; A–1–FRL–
8049–9]
Approval of the Clean Air Act, Section
112(l), Authority for Hazardous Air
Pollutants: Perchloroethylene Dry
Cleaner Regulation Maine Department
of Environmental Protection
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: Pursuant to section 112(l) of
the Clean Air Act (‘‘CAA’’), the Maine
Department of Environmental Protection
(‘‘ME DEP’’) submitted a request for
approval to implement and enforce
‘‘Chapter 125: Perchloroethylene Dry
Cleaner Regulation’’ in place of the
National Emissions Standard for
Hazardous Air Pollutants for
Perchloroethylene Dry Cleaning
Facilities (‘‘Dry Cleaning NESHAP’’) as
it applies to area sources. EPA has
reviewed this request and determined
that it satisfies the requirements
necessary for approval. Thus, EPA is
hereby granting ME DEP the authority to
implement and enforce its
perchloroethylene dry cleaner
regulation in place of the Dry Cleaning
NESHAP for area sources. This approval
makes the ME DEP rule federally
enforceable. Major sources remain
subject to the Federal Dry Cleaning
NESHAP.
DATES: This action will be effective June
23, 2006, unless EPA receives relevant
adverse comments by May 24, 2006. If
EPA receives such comments, then it
will publish a timely withdrawal in the
Federal Register informing the public
that this direct final rule will not take
effect. The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of June 23,
2006.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2006–0119 by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: brown.dan@epa.gov.
3. Fax: (617) 918–0048.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2006–0119’’,
Dan Brown, U.S. Environmental
Protection Agency, EPA New England
Regional Office, One Congress Street,
Suite 1100 (mail code CAP), Boston, MA
02114–2023.
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5. Hand Delivery or Courier. Deliver
your comments to: Dan Brown,
Manager, Air Permits, Toxics and
Indoor Programs Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, 11th floor, (CAP),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30 excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2006–
0119. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, 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 through https://
www.regulations.gov, or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘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 https://
www.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
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is 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 https://
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20895
www.regulations.gov or in hard copy at
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Susan Lancey, Air Permits, Toxics and
Indoor Programs Unit (CAP), U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100, Boston, MA
02114, telephone number (617) 918–
1656, fax number (617) 918–0656, email lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This
Document and Other Related
Information?
In addition to the publicly available
docket materials available for inspection
electronically in Regional Material in
EDocket, and the hard copy available at
the Regional Office, which are identified
in the ADDRESSES section of this Federal
Register, copies of the State submittal
and EPA’s technical support document
are also available for public inspection
during normal business hours, by
appointment at the Bureau of Air
Quality Control, Department of
Environmental Protection, First Floor of
the Tyson Building, Augusta Mental
Health Institute Complex, Augusta, ME
04333–0017.
II. Rulemaking Information
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
A. Background and Purpose
B. What Requirements Must a State Rule
Meet To Substitute for a Section 112
Rule?
C. EPA Determination of Rule Equivalency
1. What Are the Major Differences Between
Chapter 125 and the Dry Cleaning
NESHAP?
a. How Do the Applicability Requirements
Differ?
b. How Do the Requirements for Transfer
Machines Differ?
c. How Do the Requirements for
Refrigerated Condensers Differ?
d. How Do the Work Practice Standards
Differ?
e. How Do the Testing and Monitoring
Requirements Differ?
f. How Do the Reporting Requirements
Differ?
g. What Are the Title V Permit
Requirements for Area Sources?
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h. How Does Maine’s Regulation Address
the General Provisions at 40 CFR Part 63,
Subpart A?
2. What Is EPA’s Action Regarding Chapter
125?
3. How Do Amendments to the Dry
Cleaning NESHAP Affect This
Rulemaking?
III. Summary of EPA’s Action
IV. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13045
B. Executive Order 13211
C. Executive Order 13175
D. Executive Order 13132
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the
Comptroller General
H. National Technology Transfer and
Advancement Act
I. Petitions for Judicial Review
A. Background and Purpose
Under CAA section 112(l), EPA may
approve State or local rules or programs
to be implemented and enforced in
place of certain otherwise applicable
Federal rules, emissions standards, or
requirements. The Federal regulations
governing EPA’s approval of State and
local rules or programs under section
112(l) are located at 40 CFR part 63,
subpart E. See 58 FR 62262 (November
26, 1993), as amended by 65 FR 55810
(September 14, 2000). Under these
regulations, a State air pollution control
agency has the option to request EPA’s
approval to substitute a State rule for
the applicable Federal rule (e.g., the
National Emission Standards for
Hazardous Air Pollutants (NESHAP)).
Upon approval by EPA, the State agency
is authorized to implement and enforce
its rule in place of the Federal rule.
EPA promulgated the Dry Cleaning
NESHAP on September 22, 1993. See 58
FR 49354 (codified at 40 CFR part 63,
subpart M, ‘‘National Perchloroethylene
Air Emission Standards for Dry
Cleaning Facilities’’). On August 12,
2003, EPA received ME DEP’s request to
implement and enforce ‘‘Chapter 125:
Perchloroethylene Dry Cleaner
Regulation’’ in lieu of the Dry Cleaning
NESHAP as applied to area sources. ME
DEP’s request for approval was
submitted pursuant to the provisions of
40 CFR part 63, subpart E. On
September 15, 2003, EPA determined
that Maine’s submittal was complete.
Maine adopted Chapter 125 in 1991 to
regulate dry cleaning facilities that are
area sources of perchloroethylene in the
State of Maine. See Maine Chapter 125
of the Department of Environmental
Protection Regulations. Chapter 125 was
revised in 1997 and 2003 to coincide
more closely with the Dry Cleaning
NESHAP and to remove sections
referring to obsolete practices and
equipment. Chapter 125 requires area
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source dry cleaning facilities to register
with the State and to comply with
control technology, leak detection and
strict work practice standards to reduce
perchloroethylene emissions from their
operations. Chapter 125 contains certain
requirements that differ from the Dry
Cleaning NESHAP. As explained below,
however, EPA has determined that
Chapter 125 is no less stringent than the
Dry Cleaning NESHAP as applied to
area sources. A copy of Chapter 125 is
available upon request or for public
inspection at EPA’s New England
Regional Office at the address listed
above.
B. What Requirements Must a State Rule
Meet To Substitute for a Section 112
Rule?
Section 112(l)(5) of the CAA requires
that a State’s NESHAP program contain
adequate authorities to assure
compliance with each applicable
Federal requirement, adequate resources
for implementation, and an expeditious
compliance schedule. These are also
requirements for an adequate operating
permits program under 40 CFR part 70.
On October 18, 2001, EPA promulgated
full approval of ME DEP’s operating
permits program. See 66 FR 52874.
Under 40 CFR 63.91(d)(3), interim or
final title V program approval satisfies
the criteria set forth in § 63.91(d) for
‘‘up-front approval.’’ Accordingly, ME
DEP has satisfied the up-front approval
criteria of 40 CFR 63.91(d).
Additionally, the ‘‘rule substitution’’
option requires EPA to ‘‘make a detailed
and thorough evaluation of the State’s
submittal to ensure that it meets the
stringency and other requirements’’ of
40 CFR 63.93. 58 FR at 62274. A rule
will be approved if EPA finds: (1) The
State and local rules are ‘‘no less
stringent’’ than the corresponding
Federal regulations, (2) the State and
local government has adequate
authorities to implement and enforce
the rules, and (3) the schedule for
implementation and compliance is ‘‘no
less stringent’’ than the deadlines
established in the otherwise applicable
Federal rule. 40 CFR 63.93(b). After
reviewing ME DEP’s partial rule
substitution request and equivalency
demonstration for the Dry Cleaning
NESHAP as it applies to area sources,
EPA has determined this request meets
all the requirements necessary for
approval under CAA section 112(l) and
40 CFR 63.91 and 63.93.
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C. EPA Determination of Rule
Equivalency
1. What Are the Major Differences
Between Chapter 125 and the Dry
Cleaning NESHAP?
a. How Do the Applicability
Requirements Differ?
The Dry Cleaning NESHAP classifies
dry cleaning sources as major sources
based on either annual
perchloroethylene (perc) emissions or
annual perc consumption. Major
sources are those sources that: (1) Emit
or have the potential to emit more than
10 tons per year of perc to the
atmosphere, or (2) consume greater than
8000 liters (2100 gallons) of perc for
dry-to-dry machines or greater than
6800 liters (1800 gallons) of perc for
transfer machines or transfer and dry-todry machines. 40 CFR 63.320(g).
The Dry Cleaning NESHAP exempts
certain area sources from specified
requirements based on perc
consumption levels and the types of dry
cleaning machines used at the source.
For example, an existing area source
consisting of only dry-to-dry machines
is exempt from specified operating
standards and testing, monitoring,
reporting and recordkeeping
requirements of the Dry Cleaning
NESHAP if the facility’s total perc
consumption is less than 140 gallons
per year. 40 CFR 63.320(d). Similarly,
an existing area source consisting of
only transfer machine systems is exempt
from these same requirements if the
facility’s total perc consumption is less
than 200 gallons per year. 40 CFR
63.320(e). In addition, the Dry Cleaning
NESHAP exempts all coin-operated
machines from the requirements of the
rule. 40 CFR 63.320(j).
Chapter 125 of the Maine Department
of Environmental Protection regulations
requires all area source dry cleaners to
comply with the requirements of the
rule, regardless of their perc
consumption levels. Chapter 125,
section 1. According to Maine’s 2001
annual emissions inventory data, about
70% of dry cleaners in Maine use less
than 140 gallons of perc per year. Under
the Federal rule, these area source dry
cleaners would be exempt from
numerous operating standards and
testing, monitoring, reporting and
recordkeeping requirements of the Dry
Cleaning NESHAP. Under Chapter 125,
however, these smaller area sources are
subject to the same standards that apply
to larger area sources. As such, Chapter
125 imposes perc emission control
requirements on a significantly larger
number of area sources than does the
Dry Cleaning NESHAP. In addition,
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Chapter 125 contains no exemption for
coin-operated machines. These
applicability provisions are more
stringent than the applicability
provisions of the Dry Cleaning
NESHAP.
b. How Do the Requirements for
Transfer Machines Differ?
A transfer machine system is a
multiple-machine dry cleaning
operation in which washing and drying
are performed in different machines.
The Dry Cleaning NESHAP requires
owners and operators of new transfer
machine systems to eliminate any
emissions of perc from clothing transfer
between the washer and the dryer of
transfer machine systems. 40 CFR
63.322(b)(2). In addition, the Dry
Cleaning NESHAP allows for existing
transfer machine systems and sets
certain control standards and other
requirements for existing transfer
machine systems. See, e.g., 40 CFR
63.322(a). Clothing transfer emissions
are a significant portion of the overall
emissions from transfer machine
systems.
Chapter 125 prohibits the use and
installation of all transfer machines.
Chapter 125, section 3.B(4). As such,
Chapter 125 is more stringent than the
Dry Cleaning NESHAP.
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c. How Do the Requirements for
Refrigerated Condensers Differ?
The Dry Cleaning NESHAP prohibits
any source that has a refrigerated
condenser on a dry-to-dry machine,
dryer, or reclaimer from using the same
refrigerated condenser coil for the
washer that is used by a dry-to-dry
machine, dryer, or reclaimer. 40 CFR
63.322(f). Only transfer machine
systems have separate dry-to-dry
machine, dryer, or reclaimer systems.
Because Chapter 125 prohibits the use
or installation of transfer machines at
dry cleaning facilities (Chapter 125,
section 3.B(4)), this requirement is
inapplicable and does not affect the
stringency of the rule.
d. How Do the Work Practice Standards
Differ?
The Dry Cleaning NESHAP requires
all dry cleaning facilities to ‘‘drain
cartridge filters in their housing, or
other sealed container, for a minimum
of 24 hours, or treat such filters in an
equivalent manner, before removal from
the dry cleaning facility.’’ 40 CFR
63.322(i). Chapter 125 requires that the
cartridges be drained in the filter
housing for at least 24 hours or as
approved by DEP and EPA. Chapter 125,
section 3.C(1). In addition, the rule
requires that ‘‘[w]hen any filtration
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cartridge is removed from the filter
housing, it must be placed in a sealed
container which does not allow the
solvent in the filter to be emitted to the
atmosphere, and must be disposed in
accordance with State and federal
requirements.’’ Id. These requirements
for the handling of cartridge filters are
more specific and more stringent than
the requirements of the Dry Cleaning
NESHAP.
The Dry Cleaning NESHAP also
requires area sources to conduct weekly
inspections for perceptible leaks. Area
sources with lower perc consumption
levels, however, are required to conduct
such leak detections only biweekly. 40
CFR 63.322(k) through (l). Chapter 125
requires all dry cleaners, regardless of
their perc consumption levels, to
perform weekly inspections for
perceptible leaks. Chapter 125, sections
3.C(3) and 4.D.
As such, the work practice standards
of Chapter 125 are more stringent than
the Dry Cleaning NESHAP.
e. How Do the Testing and Monitoring
Requirements Differ?
The Dry Cleaning NESHAP states that,
when a carbon adsorber is used to
comply with the operating standards of
the rule, the concentration of perc in the
exhaust of the carbon adsorber must be
equal to or less than 100 parts per
million (ppm) by volume and must be
measured with a colorimetric detector
tube that is designed to measure a
concentration of 100 ppm by volume of
perc in the air to an accuracy of ±25
ppm. 40 CFR 63.323(b).
Chapter 125 requires that any carbon
adsorber used at a dry cleaning machine
reduce perc emissions to no more than
50 ppm by volume and that the perc
concentration be measured with a
colorimetric detector tube designed to
measure 10–500 ppmv of perc with an
accuracy of ±5 ppm. Chapter 125,
section 4.A(1). Chapter 125 also requires
that the sampling port for monitoring
within the exhaust outlet of the carbon
adsorber be easily accessible. Chapter
125, section 4.A(2). As such, the
requirements of Chapter 125 for
reduction and measurement of perc
concentrations in carbon adsorber
exhaust are more stringent than the
corresponding requirements of the Dry
Cleaning NESHAP.
f. How Do the Reporting Requirements
Differ?
The Dry Cleaning NESHAP requires
the owner or operator of any dry
cleaning facility constructed or
reconstructed after September 22, 1993,
to file a certification of compliance
status within 30 days of startup. 40 CFR
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20897
63.320(b) and 63.324(b). The
certification must contain a calculation
of the source’s yearly perc solvent
consumption limit and the source’s
compliance status with each applicable
requirement of the Dry Cleaning
NESHAP. 40 CFR 63.324(b)(1) through
(3). This certification is a one-time
requirement.
Chapter 125 requires the owner or
operator of any new source to submit,
within 30 days of startup, a calculation
of the facility’s perc solvent
consumption limit based on a 12-month
rolling total limit and an indication of
compliance status. Chapter 125, section
6.B. Chapter 125 also requires the owner
or operator of any dry cleaning facility
to submit an annual registration
containing information about the
facility’s total perc consumption for
each of the previous twelve months, a
certification of the facility’s status as a
major or area source, and an estimate of
the waste that was shipped off-site,
among other things. Chapter 125,
section 125.6.A. These reporting
requirements allow ME DEP to
inventory and track annual perc
consumption and emissions for all area
source dry cleaners. As such, the
reporting requirements of Chapter 125
are more stringent than the
corresponding requirements of the Dry
Cleaning NESHAP.
g. What Are the Title V Permit
Requirements for Area Sources?
Chapter 140.1.D(2) of Maine’s
regulations exempts area sources from
the requirement to obtain a title V
operating permit if EPA exempts these
sources. Chapter 140, section 140.1.D(2).
On December 19, 2005, EPA
permanently exempted five categories of
area sources subject to NESHAPs from
the title V operating permit program,
including area source perchloroethylene
dry cleaners. 70 FR 75320 (December
19, 2005). Therefore, both Federal law
and Maine’s regulation at Chapter 140
exempt area source dry cleaners from
title V permitting requirements. Major
source dry cleaners in Maine are still
required to obtain title V operating
permits.
h. How Does Maine’s Regulation
Address the General Provisions at 40
CFR Part 63, Subpart A?
Chapter 125 contains requirements
that are generally equivalent to or more
stringent than the General Provisions at
40 CFR part 63, subpart A. EPA notes
that Chapter 125 does not contain a
requirement that corresponds to the
notification requirement in 40 CFR
63.9(j), which states that any change in
the information provided to EPA under
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the applicable notification requirements
‘‘shall be provided to the Administrator
in writing within 15 calendar days after
the change.’’ As explained above,
however, Chapter 125 requires all dry
cleaning facilities to submit annual
reports containing specific information
about perc consumption, major or area
source status, and compliance with the
requirements of the rule. Any changes
in such reported information must,
therefore, be included in the next
annual report to ME DEP and EPA.
Given the more-detailed and regular
reporting requirements of Maine’s
regulation, EPA has determined that the
reporting requirements of Chapter 125
are, taken as a whole, more stringent
than the requirements of subpart A.
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2. What Is EPA’s Action Regarding
Chapter 125?
After reviewing ME DEP’s request for
approval of ‘‘Chapter 125:
Perchloroethylene Dry Cleaner
Regulation,’’ EPA has determined that
Maine’s regulation meets all of the
requirements necessary for partial rule
substitution under section 112(l) of the
CAA and 40 CFR 63.91 and 63.93.
Chapter 125, taken as a whole, is no less
stringent than the Federal Dry Cleaning
NESHAP as applied to area sources.
Therefore, EPA hereby approves
Maine’s request to implement and
enforce Chapter 125 in place of the Dry
Cleaning NESHAP for area sources in
Maine. As of the effective date of this
action, Chapter 125 is enforceable by
EPA and by citizens under the CAA.
Although ME DEP has primary
responsibility to implement and enforce
Chapter 125, EPA retains the authority
to enforce any requirement of the rule
upon its approval under CAA 112. CAA
section 112(l)(7).
3. How Do Amendments to the Dry
Cleaning NESHAP Affect This
Rulemaking?
On December 21, 2005 (70 FR 75884),
EPA proposed amendments to the dry
cleaning NESHAP. Under § 63.91(e)(3),
if EPA amends or otherwise revises a
promulgated section 112 rule or
requirement in a way that increases its
stringency, EPA will notify any state
with a delegated alternative of the need
to revise its equivalency demonstration.
EPA will consult with the state to set a
time frame for the state to submit a
revised equivalency demonstration. EPA
will then review and approve the
revised equivalency demonstration
according to the procedures in 40 CFR
part 63, subpart E. More stringent
NESHAP amendments to a delegated
alternative apply to all sources until
EPA determines that the approved or
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revised alternative requirements are
equivalent to the more stringent
amendments.
In accordance with these
requirements, upon EPA’s finalization
of any amendments to the Dry Cleaning
NESHAP that increase its stringency,
EPA will determine whether these
amendments necessitate a revision to
Maine’s alternative requirements. If so,
we will notify ME DEP of the need to
submit a revised equivalency
demonstration in accordance with the
requirements of 40 CFR part 63, subpart
E. In any event, the more stringent
NESHAP amendments will apply until
EPA publishes in the Federal Register a
determination as to the equivalency of
Maine’s requirements to the more
stringent amendments.
III. Summary of EPA’s Action
Pursuant to section 112(l) of the CAA
and 40 CFR 63.91 and 63.93, EPA is
approving ME DEP’s request to
implement and enforce ‘‘Chapter 125:
Perchloroethylene Dry Cleaner
Regulation’’ in place of the Federal Dry
Cleaning NESHAP at 40 CFR part 63,
subpart M, as it applies to area sources
in Maine. This approval makes Chapter
125 federally enforceable and
consolidates the compliance
requirements for area source dry
cleaners in Maine into one set of
regulations. Major source dry cleaning
facilities remain subject to the Federal
requirements at 40 CFR part 63, subpart
M and the Title V permitting
requirements of 40 CFR part 70. Area
source dry cleaning facilities are exempt
from Title V permitting requirements as
of December 19, 2005. 70 FR 75320.
EPA views this approval of Maine’s
request to implement and enforce
Chapter 125 in place of the Dry Cleaning
NESHAP for area sources as a
noncontroversial action, given that the
state program has been effective for
several years and is, taken as a whole,
more stringent than the Dry Cleaning
NESHAP. EPA anticipates no adverse
comments. Therefore, EPA is publishing
this direct final rule without prior
proposal. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal for this action should relevant
adverse comments be filed. This action
will be effective on June 23, 2006,
without further notice, unless EPA
receives relevant adverse comments by
May 24, 2006.
If EPA receives such comments, then
it will publish a timely withdrawal in
the Federal Register informing the
public that this direct final rule will not
take effect. All public comments
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received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this rule.
Any parties interested in commenting
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on June 23, 2006 and no further action
will be taken on the proposed rule.
IV. Statutory and Executive Order
Reviews
A. Executive Orders 12866 and 13045
The Office of Management and Budget
has exempted this regulatory action
from Executive Order 12866, entitled
‘‘Regulatory Planning and Review.’’
This rule is not subject to Executive
Order 13045, entitled, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks,’’ because it is
not an ‘‘economically significant’’ action
under Executive Order 12866.
B. Executive Order 13211
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355 (May 22,2001)) because it is
not a significant regulatory action under
Executive Order 12866.
C. Executive Order 13175
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’
This final rule does not have tribal
implications. This action allows the
State of Maine to implement equivalent
state requirements in lieu of pre-existing
Federal requirements as applied only to
area source drycleaners. This action will
not have substantial direct effects on
tribal governments, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
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Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Rules and Regulations
D. Executive Order 13132
F. Unfunded Mandates
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This action
simply allows Maine to implement
equivalent alternative requirements to
replace a Federal standard, and does not
alter the relationship or the distribution
of power and responsibilities
established in the Clean Air Act. Thus,
Executive Order 13132 does not apply
to this rule.
Under section 202 of the Unfunded
Mandates Reform Act of 1995
(‘‘Unfunded Mandates Act’’), signed
into law on March 22, 1995, EPA must
prepare a budgetary impact statement to
accompany any proposed or final rule
that includes a Federal mandate that
may result in estimated annual costs to
State, local, or tribal governments in the
aggregate, or to private sector, of $100
million or more. Under section 205,
EPA must select the most cost-effective
and least burdensome alternative that
achieves the objectives of the rule and
is consistent with statutory
requirements. Section 203 requires EPA
to establish a plan for informing and
advising any small governments that
may be significantly or uniquely
impacted by the rule.
EPA has determined that the approval
action promulgated does not include a
Federal mandate that may result in
estimated annual costs of $100 million
or more to either State, local, or tribal
governments in the aggregate, or to the
private sector.
This Federal action allows Maine to
implement equivalent alternative
requirements in lieu of pre-existing
requirements under Federal law, and
imposes no new requirements.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, result from this
action.
rwilkins on PROD1PC63 with RULES
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), 5 U.S.C. 601 et seq.
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small not-forprofit enterprises, and small
governmental entities with jurisdiction
over populations of less than 50,000.
This final rule will not have a
significant impact on a substantial
number of small entities because
approvals under under 40 CFR 63.93 do
not create any new requirements. Such
approvals simply allow the State to
implement and enforce equivalent
requirements in place of the Federal
requirements that EPA is already
imposing. Therefore, because this
approval does not create any new
requirements, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities.
VerDate Aug<31>2005
17:20 Apr 21, 2006
Jkt 208001
G. Submission to Congress and the
Comptroller General
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. 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).
20899
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
action does not involve technical
standards. Therefore, the NTTAA does
not apply to this rule.
I. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 23, 2006.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Hazardous
substances, Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: This action is issued under the
authority of section 112 of the Clean Air Act,
as amended, 42 U.S.C. 7412.
Dated: March 16, 2006.
Robert W. Varney,
Regional Administrator, EPA–New England.
I
40 CFR part 63 is amended as follows:
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart A—[Amended]
2. Section 63.14 is amended by adding
paragraph (d)(6) to read as follows:
H. National Technology Transfer and
Advancement Act
I
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
§ 63.14
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
Incorporation by reference.
*
*
*
*
*
(d) * * *
(6) Maine Regulations Applicable to
Hazardous Air Pollutants (March 2006).
Incorporation By Reference approved
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20900
Federal Register / Vol. 71, No. 78 / Monday, April 24, 2006 / Rules and Regulations
for § 63.99(a)(19)(iii) of subpart E of this
part.
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
3. Section 63.99 is amended by adding
paragraph (a)(19)(iii) to read as follows:
I
Delegated Federal authorities.
(a) * * *
(19) * * *
(iii) Affected area sources within
Maine must comply with the Maine
Regulations Applicable to Hazardous
Air Pollutants (incorporated by
reference as specified in § 63.14) as
described in paragraph (a)(19)(iii)(A) of
this section:
(A) The material incorporated into the
Maine Department of Environmental
Protection regulations at Chapter 125
pertaining to dry cleaning facilities in
the State of Maine’s jurisdiction, and
approved under the procedures in
§ 63.93 to be implemented and enforced
in place of the Federal NESHAP for
Perchloroethylene Dry Cleaning
Facilities (subpart M of this part),
effective as of December 19, 2005, for
area sources only, as defined in
§ 63.320(h).
(B) [Reserved]
*
*
*
*
*
[FR Doc. 06–3855 Filed 4–21–06; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–39
[FMR Amendment 2006–02; FMR Case
2006–102–3]
RIN 3090–AI26
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration is amending the Federal
Management Regulation (FMR) language
that pertains to personal property by
correcting references to outdated or
superceded provisions of law or
regulation; correcting text to be in
conformance with revised laws,
regulation, or Federal agency
responsibilities; and clarifying text
where the intended meaning could be
updated or made clearer. The FMR and
rwilkins on PROD1PC63 with RULES
SUMMARY:
16:09 Apr 21, 2006
Jkt 208001
A. Background
In the years since 41 CFR part 102–
39 was published as a final rule, the
references to other regulations which
migrated from the Federal Property
Management Regulations (FPMR) (41
CFR chapter 101) to the Federal
Management Regulation (FMR) (41 CFR
chapter 102) became outdated. Also,
Public Law 107–217 revised and
recodified certain provisions of the
Federal Property and Administrative
Services Act of 1949 (Property Act). For
example, the Property Act provisions
and topics previously found at 40 U.S.C.
471–514 will now generally be found at
40 U.S.C. 101–705. This revised
regulation updates the title 40 U.S.C.
citations to reflect the changes made by
Public Law 107–217. Additionally, in
the intervening years since these three
regulations were published, several
agencies have moved or changed names.
Finally, updating or clarifying revisions
were made where the revisions are seen
as administrative or clerical in nature.
E. Small Business Regulatory
Enforcement Fairness Act
This final rule is exempt from
Congressional review under 5 U.S.C.
801 since it relates solely to agency
management and personnel.
List of Subjects in 41 CFR Part 102–39
Government property management,
Reporting and recordkeeping
requirements, and Government
property.
Dated: April 14, 2006.
David L. Bibb,
Acting Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–39 as set forth below:
I
PART 102–39—REPLACEMENT OF
PERSONAL PROPERTY PURSUANT
TO THE EXCHANGE/SALE AUTHORITY
1. The authority citation for 41 CFR
part 102–39 continues to read as
follows:
I
Authority: 40 U.S.C. 503 and 121(c).
§ 102–39.45
[Amended]
2. Amend § 102–39.45 in paragraph (l)
by removing ’’40 U.S.C. 484(i) and
adding ’’40 U.S.C. 548 in its place.
I 3. Amend § 102–39.75 by revising
paragraph (b) to read as follows:
I
§ 102–39.75 What information am I
required to report?
*
*
*
*
*
(b) Submit your report electronically
or by mail to the General Services
Administration, Office of Travel,
Transportation and Asset Management
(MT), 1800 F Street, NW., Washington,
DC 20405.
[FR Doc. 06–3845 Filed 4–21–06; 8:45 am]
BILLING CODE 6820–14–S
B. Executive Order 12866
Federal Management Regulation;
Replacement of Personal Property
Pursuant to the Exchange/Sale
Authority
VerDate Aug<31>2005
Effective Date: May 24, 2006.
The
Regulatory Secretariat, Room 4035, GSA
Building, Washington, DC, 20405, (202)
208–7312, for information pertaining to
status or publication schedules. For
clarification of content, contact Mr.
Robert Holcombe, Office of
Governmentwide Policy, Office of
Travel, Transportation, and Asset
Management (MT), at (202) 501–3828 or
e-mail at Robert.Holcombe@gsa.gov.
Please cite Amendment 2006–02, FMR
case 2006–102–3.
SUPPLEMENTARY INFORMATION:
DATES:
Subpart E—[Amended]
§ 63.99
any corresponding documents may be
accessed at GSA’s Web site at https://
www.gsa.gov/fmr.
The General Services Administration
(GSA) has determined that this final
rule is not a significant regulatory action
for the purposes of Executive Order
12866.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
C. Regulatory Flexibility Act
50 CFR Part 648
This final rule is not required to be
published in the Federal Register for
comment. Therefore, the Regulatory
Flexibility Act does not apply.
[Docket No. 051209329–5329–01; I.D.
041406A]
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FMR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
PO 00000
Frm 00034
Fmt 4700
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Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Closure of the
Quarter II Fishery for Loligo Squid
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure.
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)]
[Rules and Regulations]
[Pages 20895-20900]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3855]
[[Page 20895]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R01-OAR-2006-0119; A-1-FRL-8049-9]
Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Perchloroethylene Dry Cleaner Regulation
Maine Department of Environmental Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 112(l) of the Clean Air Act (``CAA''), the
Maine Department of Environmental Protection (``ME DEP'') submitted a
request for approval to implement and enforce ``Chapter 125:
Perchloroethylene Dry Cleaner Regulation'' in place of the National
Emissions Standard for Hazardous Air Pollutants for Perchloroethylene
Dry Cleaning Facilities (``Dry Cleaning NESHAP'') as it applies to area
sources. EPA has reviewed this request and determined that it satisfies
the requirements necessary for approval. Thus, EPA is hereby granting
ME DEP the authority to implement and enforce its perchloroethylene dry
cleaner regulation in place of the Dry Cleaning NESHAP for area
sources. This approval makes the ME DEP rule federally enforceable.
Major sources remain subject to the Federal Dry Cleaning NESHAP.
DATES: This action will be effective June 23, 2006, unless EPA receives
relevant adverse comments by May 24, 2006. If EPA receives such
comments, then it will publish a timely withdrawal in the Federal
Register informing the public that this direct final rule will not take
effect. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register
as of June 23, 2006.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2006-0119 by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: brown.dan@epa.gov.
3. Fax: (617) 918-0048.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2006-0119'',
Dan Brown, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAP),
Boston, MA 02114-2023.
5. Hand Delivery or Courier. Deliver your comments to: Dan Brown,
Manager, Air Permits, Toxics and Indoor Programs Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, 11th floor, (CAP),
Boston, MA 02114-2023. Such deliveries are only accepted during the
Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30
excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2006-0119. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, 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 through https://
www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``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 https://www.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 electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is 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 https://
www.regulations.gov or in hard copy at Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, Suite 1100, Boston, MA. EPA requests that if at
all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics and
Indoor Programs Unit (CAP), U.S. Environmental Protection Agency, EPA
New England Regional Office, One Congress Street, Suite 1100, Boston,
MA 02114, telephone number (617) 918-1656, fax number (617) 918-0656,
e-mail lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available
for inspection electronically in Regional Material in EDocket, and the
hard copy available at the Regional Office, which are identified in the
ADDRESSES section of this Federal Register, copies of the State
submittal and EPA's technical support document are also available for
public inspection during normal business hours, by appointment at the
Bureau of Air Quality Control, Department of Environmental Protection,
First Floor of the Tyson Building, Augusta Mental Health Institute
Complex, Augusta, ME 04333-0017.
II. Rulemaking Information
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
A. Background and Purpose
B. What Requirements Must a State Rule Meet To Substitute for a
Section 112 Rule?
C. EPA Determination of Rule Equivalency
1. What Are the Major Differences Between Chapter 125 and the
Dry Cleaning NESHAP?
a. How Do the Applicability Requirements Differ?
b. How Do the Requirements for Transfer Machines Differ?
c. How Do the Requirements for Refrigerated Condensers Differ?
d. How Do the Work Practice Standards Differ?
e. How Do the Testing and Monitoring Requirements Differ?
f. How Do the Reporting Requirements Differ?
g. What Are the Title V Permit Requirements for Area Sources?
[[Page 20896]]
h. How Does Maine's Regulation Address the General Provisions at
40 CFR Part 63, Subpart A?
2. What Is EPA's Action Regarding Chapter 125?
3. How Do Amendments to the Dry Cleaning NESHAP Affect This
Rulemaking?
III. Summary of EPA's Action
IV. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13045
B. Executive Order 13211
C. Executive Order 13175
D. Executive Order 13132
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. National Technology Transfer and Advancement Act
I. Petitions for Judicial Review
A. Background and Purpose
Under CAA section 112(l), EPA may approve State or local rules or
programs to be implemented and enforced in place of certain otherwise
applicable Federal rules, emissions standards, or requirements. The
Federal regulations governing EPA's approval of State and local rules
or programs under section 112(l) are located at 40 CFR part 63, subpart
E. See 58 FR 62262 (November 26, 1993), as amended by 65 FR 55810
(September 14, 2000). Under these regulations, a State air pollution
control agency has the option to request EPA's approval to substitute a
State rule for the applicable Federal rule (e.g., the National Emission
Standards for Hazardous Air Pollutants (NESHAP)). Upon approval by EPA,
the State agency is authorized to implement and enforce its rule in
place of the Federal rule.
EPA promulgated the Dry Cleaning NESHAP on September 22, 1993. See
58 FR 49354 (codified at 40 CFR part 63, subpart M, ``National
Perchloroethylene Air Emission Standards for Dry Cleaning
Facilities''). On August 12, 2003, EPA received ME DEP's request to
implement and enforce ``Chapter 125: Perchloroethylene Dry Cleaner
Regulation'' in lieu of the Dry Cleaning NESHAP as applied to area
sources. ME DEP's request for approval was submitted pursuant to the
provisions of 40 CFR part 63, subpart E. On September 15, 2003, EPA
determined that Maine's submittal was complete.
Maine adopted Chapter 125 in 1991 to regulate dry cleaning
facilities that are area sources of perchloroethylene in the State of
Maine. See Maine Chapter 125 of the Department of Environmental
Protection Regulations. Chapter 125 was revised in 1997 and 2003 to
coincide more closely with the Dry Cleaning NESHAP and to remove
sections referring to obsolete practices and equipment. Chapter 125
requires area source dry cleaning facilities to register with the State
and to comply with control technology, leak detection and strict work
practice standards to reduce perchloroethylene emissions from their
operations. Chapter 125 contains certain requirements that differ from
the Dry Cleaning NESHAP. As explained below, however, EPA has
determined that Chapter 125 is no less stringent than the Dry Cleaning
NESHAP as applied to area sources. A copy of Chapter 125 is available
upon request or for public inspection at EPA's New England Regional
Office at the address listed above.
B. What Requirements Must a State Rule Meet To Substitute for a Section
112 Rule?
Section 112(l)(5) of the CAA requires that a State's NESHAP program
contain adequate authorities to assure compliance with each applicable
Federal requirement, adequate resources for implementation, and an
expeditious compliance schedule. These are also requirements for an
adequate operating permits program under 40 CFR part 70. On October 18,
2001, EPA promulgated full approval of ME DEP's operating permits
program. See 66 FR 52874. Under 40 CFR 63.91(d)(3), interim or final
title V program approval satisfies the criteria set forth in Sec.
63.91(d) for ``up-front approval.'' Accordingly, ME DEP has satisfied
the up-front approval criteria of 40 CFR 63.91(d).
Additionally, the ``rule substitution'' option requires EPA to
``make a detailed and thorough evaluation of the State's submittal to
ensure that it meets the stringency and other requirements'' of 40 CFR
63.93. 58 FR at 62274. A rule will be approved if EPA finds: (1) The
State and local rules are ``no less stringent'' than the corresponding
Federal regulations, (2) the State and local government has adequate
authorities to implement and enforce the rules, and (3) the schedule
for implementation and compliance is ``no less stringent'' than the
deadlines established in the otherwise applicable Federal rule. 40 CFR
63.93(b). After reviewing ME DEP's partial rule substitution request
and equivalency demonstration for the Dry Cleaning NESHAP as it applies
to area sources, EPA has determined this request meets all the
requirements necessary for approval under CAA section 112(l) and 40 CFR
63.91 and 63.93.
C. EPA Determination of Rule Equivalency
1. What Are the Major Differences Between Chapter 125 and the Dry
Cleaning NESHAP?
a. How Do the Applicability Requirements Differ?
The Dry Cleaning NESHAP classifies dry cleaning sources as major
sources based on either annual perchloroethylene (perc) emissions or
annual perc consumption. Major sources are those sources that: (1) Emit
or have the potential to emit more than 10 tons per year of perc to the
atmosphere, or (2) consume greater than 8000 liters (2100 gallons) of
perc for dry-to-dry machines or greater than 6800 liters (1800 gallons)
of perc for transfer machines or transfer and dry-to-dry machines. 40
CFR 63.320(g).
The Dry Cleaning NESHAP exempts certain area sources from specified
requirements based on perc consumption levels and the types of dry
cleaning machines used at the source. For example, an existing area
source consisting of only dry-to-dry machines is exempt from specified
operating standards and testing, monitoring, reporting and
recordkeeping requirements of the Dry Cleaning NESHAP if the facility's
total perc consumption is less than 140 gallons per year. 40 CFR
63.320(d). Similarly, an existing area source consisting of only
transfer machine systems is exempt from these same requirements if the
facility's total perc consumption is less than 200 gallons per year. 40
CFR 63.320(e). In addition, the Dry Cleaning NESHAP exempts all coin-
operated machines from the requirements of the rule. 40 CFR 63.320(j).
Chapter 125 of the Maine Department of Environmental Protection
regulations requires all area source dry cleaners to comply with the
requirements of the rule, regardless of their perc consumption levels.
Chapter 125, section 1. According to Maine's 2001 annual emissions
inventory data, about 70% of dry cleaners in Maine use less than 140
gallons of perc per year. Under the Federal rule, these area source dry
cleaners would be exempt from numerous operating standards and testing,
monitoring, reporting and recordkeeping requirements of the Dry
Cleaning NESHAP. Under Chapter 125, however, these smaller area sources
are subject to the same standards that apply to larger area sources. As
such, Chapter 125 imposes perc emission control requirements on a
significantly larger number of area sources than does the Dry Cleaning
NESHAP. In addition,
[[Page 20897]]
Chapter 125 contains no exemption for coin-operated machines. These
applicability provisions are more stringent than the applicability
provisions of the Dry Cleaning NESHAP.
b. How Do the Requirements for Transfer Machines Differ?
A transfer machine system is a multiple-machine dry cleaning
operation in which washing and drying are performed in different
machines. The Dry Cleaning NESHAP requires owners and operators of new
transfer machine systems to eliminate any emissions of perc from
clothing transfer between the washer and the dryer of transfer machine
systems. 40 CFR 63.322(b)(2). In addition, the Dry Cleaning NESHAP
allows for existing transfer machine systems and sets certain control
standards and other requirements for existing transfer machine systems.
See, e.g., 40 CFR 63.322(a). Clothing transfer emissions are a
significant portion of the overall emissions from transfer machine
systems.
Chapter 125 prohibits the use and installation of all transfer
machines. Chapter 125, section 3.B(4). As such, Chapter 125 is more
stringent than the Dry Cleaning NESHAP.
c. How Do the Requirements for Refrigerated Condensers Differ?
The Dry Cleaning NESHAP prohibits any source that has a
refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer
from using the same refrigerated condenser coil for the washer that is
used by a dry-to-dry machine, dryer, or reclaimer. 40 CFR 63.322(f).
Only transfer machine systems have separate dry-to-dry machine, dryer,
or reclaimer systems. Because Chapter 125 prohibits the use or
installation of transfer machines at dry cleaning facilities (Chapter
125, section 3.B(4)), this requirement is inapplicable and does not
affect the stringency of the rule.
d. How Do the Work Practice Standards Differ?
The Dry Cleaning NESHAP requires all dry cleaning facilities to
``drain cartridge filters in their housing, or other sealed container,
for a minimum of 24 hours, or treat such filters in an equivalent
manner, before removal from the dry cleaning facility.'' 40 CFR
63.322(i). Chapter 125 requires that the cartridges be drained in the
filter housing for at least 24 hours or as approved by DEP and EPA.
Chapter 125, section 3.C(1). In addition, the rule requires that
``[w]hen any filtration cartridge is removed from the filter housing,
it must be placed in a sealed container which does not allow the
solvent in the filter to be emitted to the atmosphere, and must be
disposed in accordance with State and federal requirements.'' Id. These
requirements for the handling of cartridge filters are more specific
and more stringent than the requirements of the Dry Cleaning NESHAP.
The Dry Cleaning NESHAP also requires area sources to conduct
weekly inspections for perceptible leaks. Area sources with lower perc
consumption levels, however, are required to conduct such leak
detections only biweekly. 40 CFR 63.322(k) through (l). Chapter 125
requires all dry cleaners, regardless of their perc consumption levels,
to perform weekly inspections for perceptible leaks. Chapter 125,
sections 3.C(3) and 4.D.
As such, the work practice standards of Chapter 125 are more
stringent than the Dry Cleaning NESHAP.
e. How Do the Testing and Monitoring Requirements Differ?
The Dry Cleaning NESHAP states that, when a carbon adsorber is used
to comply with the operating standards of the rule, the concentration
of perc in the exhaust of the carbon adsorber must be equal to or less
than 100 parts per million (ppm) by volume and must be measured with a
colorimetric detector tube that is designed to measure a concentration
of 100 ppm by volume of perc in the air to an accuracy of 25 ppm. 40 CFR 63.323(b).
Chapter 125 requires that any carbon adsorber used at a dry
cleaning machine reduce perc emissions to no more than 50 ppm by volume
and that the perc concentration be measured with a colorimetric
detector tube designed to measure 10-500 ppmv of perc with an accuracy
of 5 ppm. Chapter 125, section 4.A(1). Chapter 125 also
requires that the sampling port for monitoring within the exhaust
outlet of the carbon adsorber be easily accessible. Chapter 125,
section 4.A(2). As such, the requirements of Chapter 125 for reduction
and measurement of perc concentrations in carbon adsorber exhaust are
more stringent than the corresponding requirements of the Dry Cleaning
NESHAP.
f. How Do the Reporting Requirements Differ?
The Dry Cleaning NESHAP requires the owner or operator of any dry
cleaning facility constructed or reconstructed after September 22,
1993, to file a certification of compliance status within 30 days of
startup. 40 CFR 63.320(b) and 63.324(b). The certification must contain
a calculation of the source's yearly perc solvent consumption limit and
the source's compliance status with each applicable requirement of the
Dry Cleaning NESHAP. 40 CFR 63.324(b)(1) through (3). This
certification is a one-time requirement.
Chapter 125 requires the owner or operator of any new source to
submit, within 30 days of startup, a calculation of the facility's perc
solvent consumption limit based on a 12-month rolling total limit and
an indication of compliance status. Chapter 125, section 6.B. Chapter
125 also requires the owner or operator of any dry cleaning facility to
submit an annual registration containing information about the
facility's total perc consumption for each of the previous twelve
months, a certification of the facility's status as a major or area
source, and an estimate of the waste that was shipped off-site, among
other things. Chapter 125, section 125.6.A. These reporting
requirements allow ME DEP to inventory and track annual perc
consumption and emissions for all area source dry cleaners. As such,
the reporting requirements of Chapter 125 are more stringent than the
corresponding requirements of the Dry Cleaning NESHAP.
g. What Are the Title V Permit Requirements for Area Sources?
Chapter 140.1.D(2) of Maine's regulations exempts area sources from
the requirement to obtain a title V operating permit if EPA exempts
these sources. Chapter 140, section 140.1.D(2). On December 19, 2005,
EPA permanently exempted five categories of area sources subject to
NESHAPs from the title V operating permit program, including area
source perchloroethylene dry cleaners. 70 FR 75320 (December 19, 2005).
Therefore, both Federal law and Maine's regulation at Chapter 140
exempt area source dry cleaners from title V permitting requirements.
Major source dry cleaners in Maine are still required to obtain title V
operating permits.
h. How Does Maine's Regulation Address the General Provisions at 40 CFR
Part 63, Subpart A?
Chapter 125 contains requirements that are generally equivalent to
or more stringent than the General Provisions at 40 CFR part 63,
subpart A. EPA notes that Chapter 125 does not contain a requirement
that corresponds to the notification requirement in 40 CFR 63.9(j),
which states that any change in the information provided to EPA under
[[Page 20898]]
the applicable notification requirements ``shall be provided to the
Administrator in writing within 15 calendar days after the change.'' As
explained above, however, Chapter 125 requires all dry cleaning
facilities to submit annual reports containing specific information
about perc consumption, major or area source status, and compliance
with the requirements of the rule. Any changes in such reported
information must, therefore, be included in the next annual report to
ME DEP and EPA. Given the more-detailed and regular reporting
requirements of Maine's regulation, EPA has determined that the
reporting requirements of Chapter 125 are, taken as a whole, more
stringent than the requirements of subpart A.
2. What Is EPA's Action Regarding Chapter 125?
After reviewing ME DEP's request for approval of ``Chapter 125:
Perchloroethylene Dry Cleaner Regulation,'' EPA has determined that
Maine's regulation meets all of the requirements necessary for partial
rule substitution under section 112(l) of the CAA and 40 CFR 63.91 and
63.93. Chapter 125, taken as a whole, is no less stringent than the
Federal Dry Cleaning NESHAP as applied to area sources. Therefore, EPA
hereby approves Maine's request to implement and enforce Chapter 125 in
place of the Dry Cleaning NESHAP for area sources in Maine. As of the
effective date of this action, Chapter 125 is enforceable by EPA and by
citizens under the CAA. Although ME DEP has primary responsibility to
implement and enforce Chapter 125, EPA retains the authority to enforce
any requirement of the rule upon its approval under CAA 112. CAA
section 112(l)(7).
3. How Do Amendments to the Dry Cleaning NESHAP Affect This Rulemaking?
On December 21, 2005 (70 FR 75884), EPA proposed amendments to the
dry cleaning NESHAP. Under Sec. 63.91(e)(3), if EPA amends or
otherwise revises a promulgated section 112 rule or requirement in a
way that increases its stringency, EPA will notify any state with a
delegated alternative of the need to revise its equivalency
demonstration. EPA will consult with the state to set a time frame for
the state to submit a revised equivalency demonstration. EPA will then
review and approve the revised equivalency demonstration according to
the procedures in 40 CFR part 63, subpart E. More stringent NESHAP
amendments to a delegated alternative apply to all sources until EPA
determines that the approved or revised alternative requirements are
equivalent to the more stringent amendments.
In accordance with these requirements, upon EPA's finalization of
any amendments to the Dry Cleaning NESHAP that increase its stringency,
EPA will determine whether these amendments necessitate a revision to
Maine's alternative requirements. If so, we will notify ME DEP of the
need to submit a revised equivalency demonstration in accordance with
the requirements of 40 CFR part 63, subpart E. In any event, the more
stringent NESHAP amendments will apply until EPA publishes in the
Federal Register a determination as to the equivalency of Maine's
requirements to the more stringent amendments.
III. Summary of EPA's Action
Pursuant to section 112(l) of the CAA and 40 CFR 63.91 and 63.93,
EPA is approving ME DEP's request to implement and enforce ``Chapter
125: Perchloroethylene Dry Cleaner Regulation'' in place of the Federal
Dry Cleaning NESHAP at 40 CFR part 63, subpart M, as it applies to area
sources in Maine. This approval makes Chapter 125 federally enforceable
and consolidates the compliance requirements for area source dry
cleaners in Maine into one set of regulations. Major source dry
cleaning facilities remain subject to the Federal requirements at 40
CFR part 63, subpart M and the Title V permitting requirements of 40
CFR part 70. Area source dry cleaning facilities are exempt from Title
V permitting requirements as of December 19, 2005. 70 FR 75320.
EPA views this approval of Maine's request to implement and enforce
Chapter 125 in place of the Dry Cleaning NESHAP for area sources as a
noncontroversial action, given that the state program has been
effective for several years and is, taken as a whole, more stringent
than the Dry Cleaning NESHAP. EPA anticipates no adverse comments.
Therefore, EPA is publishing this direct final rule without prior
proposal. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal for this action should relevant adverse comments
be filed. This action will be effective on June 23, 2006, without
further notice, unless EPA receives relevant adverse comments by May
24, 2006.
If EPA receives such comments, then it will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. All public comments received
will then be addressed in a subsequent final rule based on the proposed
rule. EPA will not institute a second comment period on this rule. Any
parties interested in commenting should do so at this time. If no such
comments are received, the public is advised that this rule will be
effective on June 23, 2006 and no further action will be taken on the
proposed rule.
IV. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866, entitled ``Regulatory Planning and
Review.'' This rule is not subject to Executive Order 13045, entitled,
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
B. Executive Order 13211
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22,2001)) because it is not a
significant regulatory action under Executive Order 12866.
C. Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.''
This final rule does not have tribal implications. This action
allows the State of Maine to implement equivalent state requirements in
lieu of pre-existing Federal requirements as applied only to area
source drycleaners. This action will not have substantial direct
effects on tribal governments, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.
[[Page 20899]]
D. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This action simply allows Maine
to implement equivalent alternative requirements to replace a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. Thus,
Executive Order 13132 does not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq. generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and small governmental entities with jurisdiction over
populations of less than 50,000. This final rule will not have a
significant impact on a substantial number of small entities because
approvals under under 40 CFR 63.93 do not create any new requirements.
Such approvals simply allow the State to implement and enforce
equivalent requirements in place of the Federal requirements that EPA
is already imposing. Therefore, because this approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate,
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector.
This Federal action allows Maine to implement equivalent
alternative requirements in lieu of pre-existing requirements under
Federal law, and imposes no new requirements. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
G. Submission to Congress and the Comptroller General
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. 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).
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
action does not involve technical standards. Therefore, the NTTAA does
not apply to this rule.
I. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 23, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Authority: This action is issued under the authority of section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.
Dated: March 16, 2006.
Robert W. Varney,
Regional Administrator, EPA-New England.
0
40 CFR part 63 is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--[Amended]
0
2. Section 63.14 is amended by adding paragraph (d)(6) to read as
follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(d) * * *
(6) Maine Regulations Applicable to Hazardous Air Pollutants (March
2006). Incorporation By Reference approved
[[Page 20900]]
for Sec. 63.99(a)(19)(iii) of subpart E of this part.
* * * * *
Subpart E--[Amended]
0
3. Section 63.99 is amended by adding paragraph (a)(19)(iii) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(19) * * *
(iii) Affected area sources within Maine must comply with the Maine
Regulations Applicable to Hazardous Air Pollutants (incorporated by
reference as specified in Sec. 63.14) as described in paragraph
(a)(19)(iii)(A) of this section:
(A) The material incorporated into the Maine Department of
Environmental Protection regulations at Chapter 125 pertaining to dry
cleaning facilities in the State of Maine's jurisdiction, and approved
under the procedures in Sec. 63.93 to be implemented and enforced in
place of the Federal NESHAP for Perchloroethylene Dry Cleaning
Facilities (subpart M of this part), effective as of December 19, 2005,
for area sources only, as defined in Sec. 63.320(h).
(B) [Reserved]
* * * * *
[FR Doc. 06-3855 Filed 4-21-06; 8:45 am]
BILLING CODE 6560-50-P
