State of California; Request for Approval of Section 112(l) Authority for Hazardous Air Pollutants; Perchloroethylene Air Emission Standards From Dry Cleaning Facilities, 18064-18066 [2011-7603]
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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations
§ 363.6 What special terms do I need to
know to understand this part?
be presumed to be ownership without
right of survivorship. * * *
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■ 11. Amend § 357.22 by revising the
second sentence of paragraph (a) and
revising paragraph (a)(3)(i) to read as
follows:
§ 357.22
*
Transfers.
(a) General. * * * A security may be
transferred from an account in Legacy
Treasury Direct® to an account in the
commercial book-entry system or to an
account in TreasuryDirect®. * * *
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(3) When transfer effective—(i)
Transfer within Legacy Treasury Direct.
A transfer of a security within Legacy
Treasury Direct is effective when an
appropriate entry is made in the name
of the transferee on the Legacy Treasury
Direct records.
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■ 12. Amend § 357.32 by revising the
first two sentences to read as follows:
§ 357.32 Submission of transaction
requests; further information.
Transaction requests and requests for
forms and information may be
submitted to any Federal Reserve Bank
currently serving as a Treasury Retail
Securities Site or to the Bureau of the
Public Debt, Legacy Treasury Direct®,
P.O. Box 426, Parkersburg, West
Virginia 26106–0426. A list of the
Federal Reserve Banks currently serving
as Treasury Retail Securities Sites is
available upon request to the Bureau.
* * *
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Legacy Treasury Direct® system is a
non-Internet-based book-entry system
maintained by Treasury since 1986 for
holding and conducting permitted
transactions in marketable Treasury
securities directly with Treasury as
book-entry products. (See § 363.4.)
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Transfer is a transaction to move a
security, or a portion of a security, to or
from a TreasuryDirect account. (See
§ 363.26.)
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■ 16. Amend § 363.26 by revising
paragraph (a)(2) and adding paragraph
(a)(3) to read as follows:
§ 363.26
What is a transfer?
(a) * * *
(2) Move a marketable Treasury
security to or from a TreasuryDirect
account and an account in the
commercial book-entry system;
(3) Move a marketable Treasury
security to a TreasuryDirect account
from a Legacy Treasury Direct® account.
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§ 363.27
[Amended]
17. Amend § 363.27 by removing the
words ‘‘Legacy Treasury Direct or’’ from
the second sentence of paragraph (e)(4).
■
§ 363.208
[Amended]
18. Amend § 363.208 by removing the
words ‘‘to an account in Legacy Treasury
Direct or’’.
■
PART 363—REGULATIONS
GOVERNING SECURITIES HELD IN
TREASURYDIRECT
Richard L. Gregg,
Fiscal Assistant Secretary.
13. The authority citation for part 363
continues to read as follows:
BILLING CODE 4810–39–P
[FR Doc. 2011–7739 Filed 3–31–11; 8:45 am]
■
Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31
U.S.C. 3102, et seq.; 31 U.S.C. 3121, et seq.
14. Amend § 363.4 by revising the
heading and the first sentence in
paragraph (b) to read as follows:
■
40 CFR Part 63
[EPA–R09–OAR–2010–0680; FRL–9283–6]
§ 363.4 How is TreasuryDirect® different
from the Legacy Treasury Direct® system
and the commercial book-entry system?
jlentini on DSKJ8SOYB1PROD with RULES
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(b) Legacy Treasury Direct. The
Legacy Treasury Direct system is a nonInternet-based book-entry system
maintained by Treasury for holding and
conducting permitted transactions in
eligible marketable Treasury securities
as book-entry products. * * *
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■ 15. Amend § 363.6 by revising the
definitions of ‘‘Legacy Treasury Direct’’
and ‘‘Transfer’’ to read as follows:
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ENVIRONMENTAL PROTECTION
AGENCY
State of California; Request for
Approval of Section 112(l) Authority for
Hazardous Air Pollutants;
Perchloroethylene Air Emission
Standards From Dry Cleaning Facilities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing approval of
California’s Airborne Toxic Control
Measure for Emissions of
Perchloroethylene from Dry Cleaning
and Water-Repelling Operations,
SUMMARY:
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Requirements for Perc Manufacturers,
and Requirements for Perc Distributors
to be implemented and enforced in
place of the National Perchloroethylene
Air Emission Standards for Dry
Cleaning Facilities. EPA is taking this
action under section 112(l) of the Clean
Air Act (CAA).
DATES: This rule is effective on May 2,
2011. The incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register on May 2, 2011.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2010–0680 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mae
Wang, EPA Region IX, (415) 947–4124,
wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
A. Major Dry Cleaning Sources
B. California District Rules
C. Implementation and Enforcement
IV. Statutory and Executive Order Reviews
I. Proposed Action
On October 6, 2010 (75 FR 61662),
EPA proposed to approve California’s
Airborne Toxic Control Measure for
Emissions of Perchloroethylene from
Dry Cleaning and Water Repelling
Operations, Requirements for Perc
Manufacturers, and Requirements for
Perc Distributors, sections 93109,
93109.1, and 93109.2, Title 17 of the
California Code of Regulations
(amended dry cleaning ATCM). The
amended dry cleaning ATCM became
State law on December 27, 2007, and
was submitted by the California Air
Resources Board (CARB) to be
implemented and enforced in lieu of the
National Perchloroethylene Air
Emission Standards for Dry Cleaning
Facilities, 40 CFR Part 63, Subpart M
(dry cleaning NESHAP), and California’s
previously approved original dry
cleaning ATCM. Because EPA believes
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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations
California’s request meets all the
requirements necessary to qualify for
approval under CAA section 112(l) and
40 CFR 63.91 and 63.93, we are
approving California’s amended dry
cleaning ATCM. Our proposed action
contains more information on the
regulations and our evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we did not receive any
comments.
III. EPA Action
No comments were submitted that
change our assessment that CARB’s
request meets all the requirements
necessary to qualify for approval under
CAA section 112(l) and 40 CFR 63.91
and 63.93. Therefore, as authorized in
CAA section 112(l), EPA is fully
approving California’s amended dry
cleaning ATCM as proposed on October
6, 2010.
A. Major Dry Cleaning Sources
Under the dry cleaning NESHAP, dry
cleaning facilities are divided between
18065
major sources and area sources. CARB’s
request for approval includes only those
provisions of the dry cleaning NESHAP
that apply to area sources. Thus, dry
cleaning facilities that are major
sources, as defined by the dry cleaning
NESHAP, remain subject to the dry
cleaning NESHAP and the CAA Title V
operating permit program.
B. California District Rules
After the May 21, 1996, approval of
California’s original dry cleaning
ATCM, the following California district
rules were approved in place of the dry
cleaning NESHAP:
District
Rule
San Luis Obispo County
APCD.
South Coast AQMD .................
432: Perchloroethylene Dry Cleaning Operations ...................
11/13/1996
12/10/1997, (62 FR 65022).
1421: Control of Perchloroethylene Emissions from Dry
Cleaning Systems.
9.7: Perchloroethylene Dry Cleaning Operations ....................
6/13/1997
5/13/1998, (63 FR 26463).
11/13/1998
1/28/1999, (64 FR 4298).
Yolo-Solano AQMD .................
jlentini on DSKJ8SOYB1PROD with RULES
California’s amended dry cleaning
ATCM will replace the above rules from
San Luis Obispo County Air Pollution
Control District and Yolo-Solano County
Air Quality Management District as the
Federally-enforceable regulation in
those districts for perchloroethylene
(perc) dry cleaning area sources. In the
future, a district may request approval
for a local rule under the provisions of
40 CFR 63.93. Until a request for
delegation of a local regulation is
submitted and approved by EPA,
California’s amended dry cleaning
ATCM will serve as the Federally
applicable regulation, with the one
exception discussed below.
In the South Coast Air Quality
Management District (SCAQMD), the
previously approved version of Rule
1421 will remain in place as the
Federally-enforceable regulation for
perc dry cleaning area sources. The
SCAQMD has asked to be excluded from
the CARB request for delegation and
intends to submit an amended version
of Rule 1421 in a separate delegation
request in the future. Therefore,
California’s amended dry cleaning
ATCM will be the Federally applicable
regulation for perc dry cleaning area
sources in all districts of California
except the SCAQMD.
C. Implementation and Enforcement
This final approval action will
establish California’s amended dry
cleaning ATCM as the Federallyenforceable regulation in California,
with the exception of the SCAQMD, for
perc dry cleaning area sources.
Although California would have
primary implementation and
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Adoption date
enforcement responsibility, EPA would
retain the right, pursuant to CAA
section 112(l)(7), to enforce any
applicable emission standard or
requirement under CAA section 112.
The amended dry cleaning ATCM will
be the Federally-enforceable standard in
California and will be enforceable by the
Administrator and citizens under the
CAA. However, any provision of
California’s amended dry cleaning
ATCM that allows for the approval of
alternative means of emission
limitations must also receive approval
from EPA before such alternatives can
be used (e.g., Sections 93109(d)(27) and
(38), and (i)(3)(A)(2)). Additionally, this
delegation does not extend to the
provisions regarding California’s
enforcement authorities or its collection
of fees as described in Sections
93109.1(c) and 93109.2(c) and (d), Title
17 of the California Code of Regulations.
Approval of California’s amended dry
cleaning ATCM does not in any way
limit the enforcement authorities,
including the penalty authorities, of the
CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a State delegation
submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7412(l);
40 CFR 63.90. Thus, in reviewing
delegation submissions, EPA’s role is to
approve State choices, provided that
they meet the criteria of the CAA.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
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Approval date
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not interfere with Executive
Order 12898 (59 FR 7629, February 16,
1994) because EPA lacks the
discretionary authority to address
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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations
environmental justice in this
rulemaking.
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the
submitted rule is not approved to apply
in Indian country located in the State,
and EPA notes that it will not impose
substantial direct costs on Tribal
governments or preempt Tribal law.
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 action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 31, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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.
jlentini on DSKJ8SOYB1PROD with RULES
Authority: This action is issued under the
authority of Title III of the Clean Air Act as
amended, 42 U.S.C. 7412.
Dated: March 3, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 63, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
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Jkt 223001
PART 63—[AMENDED]
1. The authority citation for Part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart A—General Provisions
2. Section 63.14 is amended by
revising paragraph (d)(1) to read as
follows:
■
§ 63.14
Incorporations by reference.
(d) * * *
(1) California Regulatory
Requirements Applicable to the Air
Toxics Program, November 16, 2010,
IBR approved for § 63.99(a)(5)(ii) of
Subpart E of this part.
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Subpart E—Approval of State
Programs and Delegation of Federal
Authorities
3. Section 63.99 is amended as
follows:
■ a. By revising paragraph (a)(5)(ii)
introductory text;
■ b. By revising paragraph (a)(5)(ii)(A)
introductory text;
■ c. By revising paragraph
(a)(5)(ii)(A)(1)(ii);
■ d. By adding paragraph
(a)(5)(ii)(A)(1)(iii); and
■ e. By removing and reserving
paragraphs (a)(5)(ii)(B) and (D).
■
§ 63.99
Delegated Federal authorities.
(a) * * *
(5) * * *
(ii) California approvals other than
straight delegation. Affected sources
must comply with the California
Regulatory Requirements Applicable to
the Air Toxics Program, November 16,
2010, (incorporated by reference as
specified in § 63.14) as described as
follows:
(A) The material incorporated in
Chapter 1 of the California Regulatory
Requirements Applicable to the Air
Toxics Program (California Code of
Regulations Title 17, sections 93109,
93109.1, and 93109.2) pertains to the
perchloroethylene dry cleaning source
category in the State of California, and
has been approved under the
procedures in § 63.93 to be
implemented and enforced in place of
subpart M—National Perchloroethylene
Air Emission Standards for Dry
Cleaning Facilities, as it applies to area
sources only, as defined in § 63.320(h).
(1) * * *
(ii) California is not delegated the
Administrator’s authority of § 63.325 to
determine equivalency of emissions
control technologies. Any source
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seeking permission to use an alternative
means of emission limitation, under
sections 93109(d)(27) or (38), or
(i)(3)(A)(2), Title 17 of the California
Code of Regulations, must also receive
approval from the Administrator before
using such alternative means of
emission limitation for the purpose of
complying with section 112 of the Clean
Air Act.
(iii) This delegation does not extend
to the provisions regarding California’s
enforcement authorities or its collection
of fees as described in Sections
93109.1(c) or 93109.2(c) and (d), Title
17 of the California Code of Regulations.
Approval of the California Code of
Regulations, Title 17, sections 93109,
93109.1, and 93109.2 does not in any
way limit the enforcement authorities,
including the penalty authorities, of the
Clean Air Act.
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[FR Doc. 2011–7603 Filed 3–31–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
Regulation of Fuels and Fuel
Additives: Changes to Renewable Fuel
Standard Program
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 72 to 80, revised as of
July 1, 2010, on page 1160, in § 80.1466,
in paragraph (h)(1), the equation is
corrected to read as follows:
§ 80.1466 What are the additional
requirements under this subpart for RINgenerating foreign producers and importers
of renewable fuels for which RINs have
been generated by the foreign producer?
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(h) * * *
(1) * * *
Bond = G * $0.01
*
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[FR Doc. 2011–7822 Filed 3–31–11; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1986–0005; FRL–9288–9]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Norwood PCBs Superfund Site
AGENCY:
Environmental Protection
Agency.
E:\FR\FM\01APR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18064-18066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7603]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R09-OAR-2010-0680; FRL-9283-6]
State of California; Request for Approval of Section 112(l)
Authority for Hazardous Air Pollutants; Perchloroethylene Air Emission
Standards From Dry Cleaning Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing approval of California's Airborne Toxic
Control Measure for Emissions of Perchloroethylene from Dry Cleaning
and Water-Repelling Operations, Requirements for Perc Manufacturers,
and Requirements for Perc Distributors to be implemented and enforced
in place of the National Perchloroethylene Air Emission Standards for
Dry Cleaning Facilities. EPA is taking this action under section 112(l)
of the Clean Air Act (CAA).
DATES: This rule is effective on May 2, 2011. The incorporation by
reference of certain publications listed in this rule is approved by
the Director of the Federal Register on May 2, 2011.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2010-0680 for
this action. The index to the docket is available electronically at
https://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124, wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
A. Major Dry Cleaning Sources
B. California District Rules
C. Implementation and Enforcement
IV. Statutory and Executive Order Reviews
I. Proposed Action
On October 6, 2010 (75 FR 61662), EPA proposed to approve
California's Airborne Toxic Control Measure for Emissions of
Perchloroethylene from Dry Cleaning and Water Repelling Operations,
Requirements for Perc Manufacturers, and Requirements for Perc
Distributors, sections 93109, 93109.1, and 93109.2, Title 17 of the
California Code of Regulations (amended dry cleaning ATCM). The amended
dry cleaning ATCM became State law on December 27, 2007, and was
submitted by the California Air Resources Board (CARB) to be
implemented and enforced in lieu of the National Perchloroethylene Air
Emission Standards for Dry Cleaning Facilities, 40 CFR Part 63, Subpart
M (dry cleaning NESHAP), and California's previously approved original
dry cleaning ATCM. Because EPA believes
[[Page 18065]]
California's request meets all the requirements necessary to qualify
for approval under CAA section 112(l) and 40 CFR 63.91 and 63.93, we
are approving California's amended dry cleaning ATCM. Our proposed
action contains more information on the regulations and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we did not receive any comments.
III. EPA Action
No comments were submitted that change our assessment that CARB's
request meets all the requirements necessary to qualify for approval
under CAA section 112(l) and 40 CFR 63.91 and 63.93. Therefore, as
authorized in CAA section 112(l), EPA is fully approving California's
amended dry cleaning ATCM as proposed on October 6, 2010.
A. Major Dry Cleaning Sources
Under the dry cleaning NESHAP, dry cleaning facilities are divided
between major sources and area sources. CARB's request for approval
includes only those provisions of the dry cleaning NESHAP that apply to
area sources. Thus, dry cleaning facilities that are major sources, as
defined by the dry cleaning NESHAP, remain subject to the dry cleaning
NESHAP and the CAA Title V operating permit program.
B. California District Rules
After the May 21, 1996, approval of California's original dry
cleaning ATCM, the following California district rules were approved in
place of the dry cleaning NESHAP:
----------------------------------------------------------------------------------------------------------------
District Rule Adoption date Approval date
----------------------------------------------------------------------------------------------------------------
San Luis Obispo County APCD........... 432: Perchloroethylene Dry 11/13/1996 12/10/1997, (62 FR
Cleaning Operations. 65022).
South Coast AQMD...................... 1421: Control of 6/13/1997 5/13/1998, (63 FR
Perchloroethylene Emissions 26463).
from Dry Cleaning Systems.
Yolo-Solano AQMD...................... 9.7: Perchloroethylene Dry 11/13/1998 1/28/1999, (64 FR 4298).
Cleaning Operations.
----------------------------------------------------------------------------------------------------------------
California's amended dry cleaning ATCM will replace the above rules
from San Luis Obispo County Air Pollution Control District and Yolo-
Solano County Air Quality Management District as the Federally-
enforceable regulation in those districts for perchloroethylene (perc)
dry cleaning area sources. In the future, a district may request
approval for a local rule under the provisions of 40 CFR 63.93. Until a
request for delegation of a local regulation is submitted and approved
by EPA, California's amended dry cleaning ATCM will serve as the
Federally applicable regulation, with the one exception discussed
below.
In the South Coast Air Quality Management District (SCAQMD), the
previously approved version of Rule 1421 will remain in place as the
Federally-enforceable regulation for perc dry cleaning area sources.
The SCAQMD has asked to be excluded from the CARB request for
delegation and intends to submit an amended version of Rule 1421 in a
separate delegation request in the future. Therefore, California's
amended dry cleaning ATCM will be the Federally applicable regulation
for perc dry cleaning area sources in all districts of California
except the SCAQMD.
C. Implementation and Enforcement
This final approval action will establish California's amended dry
cleaning ATCM as the Federally-enforceable regulation in California,
with the exception of the SCAQMD, for perc dry cleaning area sources.
Although California would have primary implementation and enforcement
responsibility, EPA would retain the right, pursuant to CAA section
112(l)(7), to enforce any applicable emission standard or requirement
under CAA section 112. The amended dry cleaning ATCM will be the
Federally-enforceable standard in California and will be enforceable by
the Administrator and citizens under the CAA. However, any provision of
California's amended dry cleaning ATCM that allows for the approval of
alternative means of emission limitations must also receive approval
from EPA before such alternatives can be used (e.g., Sections
93109(d)(27) and (38), and (i)(3)(A)(2)). Additionally, this delegation
does not extend to the provisions regarding California's enforcement
authorities or its collection of fees as described in Sections
93109.1(c) and 93109.2(c) and (d), Title 17 of the California Code of
Regulations. Approval of California's amended dry cleaning ATCM does
not in any way limit the enforcement authorities, including the penalty
authorities, of the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a State
delegation submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7412(l); 40 CFR 63.90. Thus,
in reviewing delegation submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves State law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not interfere with Executive Order 12898 (59 FR 7629,
February 16, 1994) because EPA lacks the discretionary authority to
address
[[Page 18066]]
environmental justice in this rulemaking.
In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the submitted rule is not approved to apply in Indian country
located in the State, and EPA notes that it will not impose substantial
direct costs on Tribal governments or preempt Tribal law.
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 action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 31, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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 Title
III of the Clean Air Act as amended, 42 U.S.C. 7412.
Dated: March 3, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 63, Chapter I, Title 40 of the Code of Federal Regulations 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--General Provisions
0
2. Section 63.14 is amended by revising paragraph (d)(1) to read as
follows:
Sec. 63.14 Incorporations by reference.
(d) * * *
(1) California Regulatory Requirements Applicable to the Air Toxics
Program, November 16, 2010, IBR approved for Sec. 63.99(a)(5)(ii) of
Subpart E of this part.
* * * * *
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
3. Section 63.99 is amended as follows:
0
a. By revising paragraph (a)(5)(ii) introductory text;
0
b. By revising paragraph (a)(5)(ii)(A) introductory text;
0
c. By revising paragraph (a)(5)(ii)(A)(1)(ii);
0
d. By adding paragraph (a)(5)(ii)(A)(1)(iii); and
0
e. By removing and reserving paragraphs (a)(5)(ii)(B) and (D).
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(5) * * *
(ii) California approvals other than straight delegation. Affected
sources must comply with the California Regulatory Requirements
Applicable to the Air Toxics Program, November 16, 2010, (incorporated
by reference as specified in Sec. 63.14) as described as follows:
(A) The material incorporated in Chapter 1 of the California
Regulatory Requirements Applicable to the Air Toxics Program
(California Code of Regulations Title 17, sections 93109, 93109.1, and
93109.2) pertains to the perchloroethylene dry cleaning source category
in the State of California, and has been approved under the procedures
in Sec. 63.93 to be implemented and enforced in place of subpart M--
National Perchloroethylene Air Emission Standards for Dry Cleaning
Facilities, as it applies to area sources only, as defined in Sec.
63.320(h).
(1) * * *
(ii) California is not delegated the Administrator's authority of
Sec. 63.325 to determine equivalency of emissions control
technologies. Any source seeking permission to use an alternative means
of emission limitation, under sections 93109(d)(27) or (38), or
(i)(3)(A)(2), Title 17 of the California Code of Regulations, must also
receive approval from the Administrator before using such alternative
means of emission limitation for the purpose of complying with section
112 of the Clean Air Act.
(iii) This delegation does not extend to the provisions regarding
California's enforcement authorities or its collection of fees as
described in Sections 93109.1(c) or 93109.2(c) and (d), Title 17 of the
California Code of Regulations. Approval of the California Code of
Regulations, Title 17, sections 93109, 93109.1, and 93109.2 does not in
any way limit the enforcement authorities, including the penalty
authorities, of the Clean Air Act.
* * * * *
[FR Doc. 2011-7603 Filed 3-31-11; 8:45 am]
BILLING CODE 6560-50-P
