[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Rules and Regulations]
[Pages 18064-18066]
From the Federal Register Online via the Government Publishing 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.

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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 
http://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, <a href="/cdn-cgi/l/email-protection#c3b4a2ada4edaea2a683a6b3a2eda4acb5"><span class="__cf_email__" data-cfemail="1067717e773e7d7175507560713e777f66">[email protected]</span></a>.

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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


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