18064 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 

be presumed to be ownership without 

right of survivorship. * * * 

* * * * * 

■ 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®. * * * 

* * * * * 

(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. 

* * * * * 

■ 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. 

* * * 

PART 363—REGULATIONS 

GOVERNING SECURITIES HELD IN 

TREASURYDIRECT 

■ 13. The authority citation for part 363 

continues to read as follows: 

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: 

§ 363.4 How is TreasuryDirect® different 

from the Legacy Treasury Direct® system 

and the commercial book-entry system? 

* * * * * 

(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. * * * 

* * * * * 

■ 15. Amend § 363.6 by revising the 

definitions of ‘‘Legacy Treasury Direct’’ 

and ‘‘Transfer’’ to read as follows: 

§ 363.6 What special terms do I need to 

know to understand this part? 

* * * * * 

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.) 

* * * * * 

Transfer is a transaction to move a 

security, or a portion of a security, to or 

from a TreasuryDirect account. (See 

§ 363.26.) 

* * * * * 

■ 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. 

* * * * * 

§ 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’’. 

Richard L. Gregg, 

Fiscal Assistant Secretary. 

[FR Doc. 2011–7739 Filed 3–31–11; 8:45 am] 

BILLING CODE 4810–39–P 

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 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, 

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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 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 Cleaning Operations ................... 11/13/1996 12/10/1997, (62 FR 65022). 

South Coast AQMD ................. 1421: Control of Perchloroethylene Emissions from Dry 

Cleaning Systems.

6/13/1997 5/13/1998, (63 FR 26463). 

Yolo-Solano AQMD ................. 9.7: Perchloroethylene Dry Cleaning Operations .................... 11/13/1998 1/28/1999, (64 FR 4298). 

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 

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 


jlentini on DSKJ8SOYB1PROD with RULES
18066 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. 

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] 

■ 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. 

* * * * * 

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 

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 

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? 

* * * * * 

(h) * * * 

(1) * * * 

Bond = G * $0.01 

* * * * * 

[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. 


jlentini on DSKJ8SOYB1PROD with RULES