Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Rules and Regulations 30545 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R01–OAR–2010–1080; A–1–FRL– 

9285–8] 

Approval of the Clean Air Act, Section 

112(l), Authority for Hazardous Air 

Pollutants: Perchloroethylene Air 

Emission Standards for Dry Cleaning 

Facilities: State of 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’’) and Federal 

regulations promulgated thereunder, the 

Maine Department of Environmental 

Protection (‘‘ME DEP’’) submitted a 

request for approval to implement and 

enforce the amended ‘‘Chapter 125: 

Perchloroethylene Dry Cleaner 

Regulation’’ (Maine Dry Cleaner Rule) as 

a partial substitution for the amended 

National Emissions Standards for 

Hazardous Air Pollutants for 

Perchloroethylene Dry Cleaning 

Facilities (‘‘Dry Cleaning NESHAP’’), as 

it applies to area sources. EPA has 

reviewed this request and has 

determined that the amended Maine Dry 

Cleaner Rule satisfies the requirements 

necessary for partial substitution 

approval. Thus, EPA is hereby granting 

ME DEP the authority to implement and 

enforce its amended Maine Dry Cleaner 

Rule in place of the Dry Cleaning 

NESHAP for area sources, but EPA is 

retaining its authority with respect to 

major source dry cleaners and dry 

cleaners installed in a residence 

between July 13, 2006, and June 24, 

2009. This approval makes the amended 

Maine Dry Cleaner Rule Federally 

enforceable. 

DATES: This direct final rule will be 

effective July 25, 2011, unless EPA 

receives adverse comments by June 27, 

2011. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of July 25, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–1080 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘EPA–R01–OAR–2010–1080’’, 

Ida E. McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Five Post Office Square, 

Suite 100 (OEP05–2), Boston, MA 

02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Ida E. McDonnell, 

Manager, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, 5th floor, (OEP5–02), 

Boston, MA 02109–3912. 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–2010– 

1080. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, 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 http:// 

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. EPA will forward copies of all 

submitted comments to the Maine 

Department of Environmental 

Protection. 

Docket: All documents in the 

electronic docket are listed in the http:// 

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 http:// 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, Suite 100, 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. 

In addition, copies of the State 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the Maine 

Department of Environmental 

Protection, State House Station 17, 

Augusta, Maine, 04333–0017. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lancey, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, Suite 100 (OEP05–2), 

Boston, MA 02109–3912, telephone 

number (617) 918–1656, fax number 

(617) 918–0656, e-mail 

lancey.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. What requirements must a state rule meet 

to substitute for a section 112 rule? 

III. How will EPA determine equivalency for 

state alternative NESHAP requirements? 

IV. What significant changes did EPA make 

to the Dry Cleaning NESHAP and how 

did ME DEP address those changes? 

A. What definitions were added to the Dry 

Cleaning NESHAP and the Amended 

Maine Dry Cleaner Rule? 

B. What control requirements were added 

for new dry cleaners installed after 

December 21, 2005? 

C. What requirements were added for dry 

cleaners installed in a building with a 

residence after December 21, 2005? 

D. What requirements were added for 

transfer machines? 

E. What monitoring requirements were 

added? 


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30546 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Rules and Regulations 

F. How did the reporting requirements 

change? 

V. What is epa’s action regarding Maine’s 

amended Dry Cleaner Rule? 

VI. Final Action 

VII. Judicial Review 

VIII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. 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). 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. On 

April 24, 2006, EPA approved the Maine 

Dry Cleaner Rule in place of the Dry 

Cleaning NESHAP for area sources 

pursuant to the provisions of 40 CFR 

part 63, subpart E. See 71 FR 20895. 

Under 40 CFR 63.91(e)(3), if EPA 

amends or otherwise revises a 

promulgated CAA 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. 

On July 27, 2006, September 21, 2006 

and July 11, 2008, EPA promulgated 

amendments to the Dry Cleaning 

NESHAP. See 71 FR 42724, 71 FR 55280 

and 73 FR 39871. In a letter dated 

October 25, 2006, EPA notified ME DEP 

that EPA had published more stringent 

amendments to the Dry Cleaning 

NESHAP and of the need for ME DEP to 

revise its equivalency demonstration. 

Accordingly, ME DEP revised the Maine 

Dry Cleaner Rule with an effective date 

of June 24, 2009. On December 11, 2009, 

ME DEP submitted a request for 

approval to implement and enforce the 

amended Maine Dry Cleaner Rule in 

place of the amended Dry Cleaning 

NESHAP. On March 4, 2010, EPA 

determined that Maine’s submittal was 

complete. As explained below, EPA has 

reviewed the State’s submission and 

determined that the amended Maine Dry 

Cleaner Rule is no less stringent than 

the amended Dry Cleaning NESHAP, as 

applied to area sources. 

In addition, in the Federal Register on 

May 13, 2009, EPA corrected a 

sequential numbering error in 40 CFR 

63.99. See 74 FR 22437. In this 

rulemaking, paragraph (a)(19) of section 

63.99, the subparagraph for the state of 

Maine, was redesignated as paragraph 

(a)(20). However, the reference to 

paragraph (a)(19)(iii) in the 

incorporation by reference section 

63.14(d)(6) was not corrected to refer to 

paragraph (a)(20)(iii) at that time. 

Therefore, today’s notice also corrects 

the reference in 40 CFR 63.14(d)(6) to 

appropriately refer to paragraph 

(a)(20)(iii). 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

II. What requirements must a State rule 

meet to substitute for a section 112 

rule? 

A state must demonstrate that it has 

satisfied the general delegation/approval 

criteria contained in 40 CFR 63.91(d). 

The process of providing ‘‘up-front 

approval’’ assures that a state has met 

the delegation criteria in Section 

112(l)(5) of the CAA (as codified in 40 

CFR 63.91(d)), that is, that the state has 

demonstrated that its NESHAP program 

contains adequate authorities to assure 

compliance with each applicable 

Federal requirement, adequate resources 

for implementation, and an expeditious 

compliance schedule. Under 40 CFR 

63.91(d)(3), interim or final Title V 

program approval satisfies the criteria 

set forth in 40 CFR 63.91(d) for ‘‘up-front 

approval.’’ On October 18, 2001, EPA 

promulgated full approval of ME DEP’s 

operating permits program with an 

effective date of December 17, 2001. See 

66 FR 52874. 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. A rule will be approved if 

the state or local government 

demonstrates: (1) the state and local 

rules contain applicability criteria that 

are no less stringent than the 

corresponding Federal rule; (2) the state 

and local rule requires levels of control 

and compliance and enforcement 

measures that would achieve emission 

reductions from each affected source 

that are no less stringent than would 

result from the otherwise applicable 

Federal standard; (3) the schedule for 

implementation and compliance is 

consistent with the deadlines 

established in the otherwise applicable 

Federal rule; and (4) the state 

requirements include additional 

compliance and enforcement measures 

as specified in 40 CFR 63.93(b)(4). See 

40 CFR 63.93(b). After reviewing ME 

DEP’s amended 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. 

III. How will EPA determine 

equivalency for state alternative 

NESHAP requirements? 

Before we can approve alternative 

requirements in place of a part 63 

emissions standard, the state must 


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Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Rules and Regulations 30547 

submit to us detailed information that 

demonstrates how the alternative 

requirements compare with the 

otherwise applicable Federal standard. 

Under 40 CFR part 63 subpart E, the 

level of control in the state rule must be 

at least as stringent as the level of 

control in the Federal rule. In addition, 

in order for equivalency to be granted, 

the level of control and compliance and 

enforcement measures (‘‘MRR’’) of the 

state rule, taken together as a whole, 

must be equivalent to the level of 

control and MRR of the Federal rule, 

taken together as a whole. A detailed 

discussion of how EPA will determine 

equivalency for state alternative 

NESHAP requirements is provided in 

the preamble to EPA’s proposed Subpart 

E amendments on January 12, 1999. See 

64 FR 1908. 

IV. What significant changes did EPA 

make to the Dry Cleaning NESHAP and 

how did ME DEP address those 

changes? 

The following discussion explains the 

changes that EPA made to the Dry 

Cleaning NESHAP and how ME DEP 

addressed these changes in the amended 

Maine Dry Cleaner Rule. The April 24, 

2006 Federal Register Notice initially 

approving the Maine Dry Cleaner Rule 

as a substitute for the Dry Cleaning 

NESHAP contains a more detailed 

discussion of the differences between 

the Dry Cleaning NESHAP and the 

Maine Dry Cleaner Rule. See 71 FR 

20895. 

A. What definitions were added to the 

Dry Cleaning NESHAP and the 

amended Maine Dry Cleaner Rule? 

The Dry Cleaning NESHAP added 

definitions for halogenated hydrocarbon 

detector, perchloroethylene gas 

analyzer, residence, vapor leak, and 

vapor barrier. The amended Maine Dry 

Cleaner Rule adopted the same 

definitions, with the exception of vapor 

barrier and residence. Residence is 

defined in the Dry Cleaner NESHAP as 

any dwelling or housing in which 

people reside, excluding short-term 

housing that is occupied by the same 

person for a period of less than 180 days 

(such as a hotel room). Maine’s 

amended Dry Cleaner Rule defines 

residence as ‘‘any dwelling or housing in 

which people reside,’’ without exclusion 

for short-term housing. Maine’s 

definition is more stringent. ME DEP 

did not adopt the definition of vapor 

barrier into its amended Maine Dry 

Cleaner Rule because the requirement is 

no longer necessary. Specifically, the 

amended Maine Dry Cleaner Rule 

specifies that dry cleaning machines 

installed in a building with a residence 

after December 21, 2005 must comply 

with the NESHAP provisions under 

Section 63.320(b)(2)(ii). See Chapter 125 

Section 3.A.(2). Section 63.320(b)(2)(ii) 

of the Dry Cleaner NESHAP requires 

any facility installed in a building with 

a residence between December 21, 2005 

and July 13, 2006 (i.e., those facilities 

which were required to utilize a vapor 

barrier under the Dry Cleaning 

NESHAP) to eliminate perc emissions 

by July 27, 2009. Therefore, any facility 

which was required to install a vapor 

barrier is effectively prohibited from 

operating under the Dry Cleaner 

NESHAP and the amended Maine Dry 

Cleaner Rule as of July 27, 2009. The 

amended Maine Dry Cleaner Rule is 

equivalent to the Dry Cleaner NESHAP. 

B. What control requirements were 

added for new dry cleaners installed 

after December 21, 2005? 

The Dry Cleaning NESHAP requires 

new area source dry cleaners which 

commence construction after December 

21, 2005, to be equipped with a 

refrigerated condenser and a non-vented 

carbon adsorber. The carbon adsorber 

must be desorbed in accordance with 

the manufacturer’s instruction. See 40 

CFR 63.322(o)(2). The amended Maine 

Dry Cleaner Rule required these control 

requirements for new dry cleaners 

installed after February 12, 1997 and 

added clarifying language for these 

controls on new dry cleaners installed 

after December 21, 2005. See Chapter 

125 Section 3.B(2) and Section 3.(C)(3). 

The Maine Dry Cleaner Rule added the 

requirement for the carbon adsorber to 

be desorbed in accordance with the 

manufacturer’s instructions. See 

Chapter 125 Section 3.C(1)(a). The 

amended Maine Dry Cleaner Rule is 

accordingly no less stringent than the 

corresponding Federal rule. 

C. What requirements were added for 

dry cleaners installed in a building with 

a residence after December 21, 2005? 

The Dry Cleaning NESHAP requires a 

vapor barrier and other control 

requirements for dry cleaners installed 

in a building with a residence between 

December 21, 2005 and July 13, 2006. 

The Dry Cleaning NESHAP requires that 

such dry cleaners eliminate perc 

emissions by July 27, 2009. See 40 CFR 

63.322(o)(5)(i)–(ii) and 63.320(b)(2)(ii). 

The Maine Dry Cleaner Rule specifies 

that such dry cleaners must comply 

with the Dry Cleaner NESHAP Section 

63.320(b)(2)(ii). See Chapter 125 Section 

3.A(2). Under both the Dry Cleaning 

NESHAP and the amended Maine Dry 

Cleaner Rule, such sources are 

effectively prohibited from operating as 

of July 27, 2009. The Maine Dry Cleaner 

rule is equivalent to the Dry Cleaning 

NESHAP. 

The Dry Cleaning NESHAP does not 

allow any dry cleaning systems to be 

installed in a building with a residence 

as of July 13, 2006. See 40 CFR 

63.322(o)(4) and 63.320(b)(3). The 

amended Maine Dry Cleaner rule 

prohibits the installation of a dry 

cleaner co-located with a residence as of 

June 24, 2009, and requires all new or 

relocated dry cleaning machines located 

in a building with a residence which 

commenced construction on or after 

December 21, 2005 to comply with 40 

CFR Part 63.320(b)(2)(ii). See Chapter 

125 Section 3.A(1) and (2). The 

amended Maine Dry Cleaner rule does 

not prohibit dry cleaning machines from 

being installed in a building with a 

residence between July 13, 2006 and 

June 24, 2009, the effective date of the 

amended Maine Dry Cleaner rule. 

Therefore, EPA is retaining its authority 

with respect to dry cleaners installed in 

a residence between July 13, 2006 and 

June 24, 2009, the effective date of the 

amended Maine Dry Cleaner rule. In 

addition, the amended Maine Dry 

Cleaner rule prohibits the installation of 

a co-located dry cleaner as of June 24, 

2009. See Chapter 125 Section 3.(A)(1). 

A co-located dry cleaner includes dry 

cleaning facilities located in a building 

with a residence, or with a day care 

center, a health care facility, a prison, an 

elementary school, a middle or high 

school or a pre-school, a senior center 

or a youth center, or other facility 

inhabited by children or the elderly. 

Therefore, this provision of the 

amended Maine Dry Cleaner rule is 

more stringent than the Dry Cleaning 

NESHAP because it prohibits all colocated dry cleaners as of June 24, 2009, 

in addition to prohibiting co-located dry 

cleaners in a building with a residence 

as of June 24, 2009. 

The Dry Cleaning NESHAP requires 

all dry cleaners located in a building 

with a residence to eliminate perc 

emissions by December 21, 2020. See 40 

CFR 63.322(o)(5)(ii). The amended 

Maine Dry Cleaner rule requires all colocated dry cleaners to cease operation 

on or before December 21, 2020. See 

Chapter 125 Section 3.A(3). The 

amended Maine Dry Cleaner rule is 

more stringent than the Dry Cleaning 

NESHAP because this provision applies 

to all co-located facilities in addition to 

dry cleaners installed in a building with 

a residence. 

D. What requirements were added for 

transfer machines? 

The Dry Cleaning NESHAP effectively 

prohibits all transfer machines as of July 

28, 2008, by requiring the owner or 


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30548 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Rules and Regulations 

operator to eliminate emissions of perc 

during the transfer of articles between 

the washer and the dryer(s) or 

reclaimer(s). See 40 CFR 63.320(b)(1)) 

and 63.322(o)(4). The amended Maine 

Dry Cleaner rule prohibited the 

installation and use of transfer machines 

as of January 4, 2003. See Chapter 125 

Section 3.(D). The amended Maine Dry 

Cleaner rule is more stringent because it 

prohibited transfer machines earlier 

than the Dry Cleaning NESHAP. 

E. What monitoring requirements were 

added? 

The Dry Cleaning NESHAP added a 

requirement for area source dry cleaners 

to conduct leak checks monthly using a 

halogenated hydrocarbon detector or a 

PCE gas analyzer that is operated 

according to the manufacturer’s 

recommendation. See 40 CFR 

63.322(o)(1). The amended Maine Dry 

Cleaner rule requires vapor leak checks 

weekly with a halogenated hydrocarbon 

detector or a PCE gas analyzer. See 

Chapter 125 Section 4.(C)(2). The 

amended Maine Dry Cleaner rule is 

more stringent than the Dry Cleaning 

NESHAP because it requires leak checks 

with a detector or analyzer to be 

conducted weekly. 

The Dry Cleaning NESHAP added a 

requirement that allows facilities using 

a refrigerated condenser to monitor the 

refrigeration system high pressure and 

low pressure as an alternative to 

monitoring for the temperature of the 

perc vapor gas vapor-stream. See 40 CFR 

63.323(a)(1). Maine added this 

requirement and is therefore equivalent 

to the Dry Cleaning NESHAP. See 

Chapter 125 Section 4.(B). 

F. How did the reporting requirements 

change? 

The Dry Cleaning NESHAP added a 

requirement for facilities to submit a 

notification of compliance status by July 

28, 2008. See 40 CFR 63.324(f). The 

amended Maine Dry Cleaner rule did 

not add this requirement but all affected 

sources were required under the 

NESHAP to submit this report and the 

date for submitting the report was prior 

to the effective date of the Maine Dry 

Cleaner rule amendments. ME DEP did 

develop a sample form for the July 28, 

2008, NESHAP report and sent a direct 

mailing to every dry cleaner in the state 

with the form, notifying sources to 

submit the report to both EPA and ME 

DEP. In addition, the amended Maine 

Dry Cleaner rule requires facilities to 

register annually with the state. The Dry 

Cleaning NESHAP does not require an 

annual report. The annual report was 

revised to include all of the information 

required in the July 28, 2008, NESHAP 

report, except for a statement of 

compliance. Given that the NESHAP 

report date has passed, all dry cleaners 

in Maine were required to send in the 

report with a statement of compliance 

under the NESHAP requirements, and 

that Maine requires an annual report not 

required by the NESHAP, EPA has 

determined that reporting requirements 

of the amended Maine Dry Cleaner rule 

are equivalent to the requirements of the 

Dry Cleaning NESHAP. 

V. What is EPA’s action regarding 

Maine’s amended Dry Cleaner Rule? 

After reviewing ME DEP’s request for 

approval of the amended Maine Dry 

Cleaner Rule, 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. The 

amended Maine Dry Cleaner rule, taken 

as a whole, is no less stringent than the 

Dry Cleaning NESHAP, as applied to 

area sources. Therefore, EPA hereby 

approves ME DEP’s request to 

implement and enforce Chapter 125, as 

amended on June 24, 2009, in place of 

the Dry Cleaning NESHAP for area 

sources in Maine. EPA retains the 

requirements for major source dry 

cleaners and dry cleaners installed in a 

residence between July 13, 2006 and 

June 24, 2009. As of the effective date 

of this action, the amended Maine Dry 

Cleaner Rule is enforceable by EPA and 

by citizens under the CAA. Although 

ME DEP has primary responsibility to 

implement and enforce the amended 

Maine Dry Cleaner rule, EPA retains the 

authority to enforce any requirement of 

the rule upon its approval under CAA 

112. See CAA section 112(l)(7). 

VI. Final Action 

EPA is approving the Maine 

Perchloroethylene Dry Cleaner 

Regulation, Chapter 125, as amended on 

June 24, 2009, as a partial rule 

substitution for the Dry Cleaning 

NESHAP for area sources in Maine. EPA 

retains the requirements for major 

source dry cleaners and dry cleaners 

installed in a residence between July 13, 

2006 and June 24, 2009. 

EPA is publishing this action without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the rule revision 

should relevant adverse comments be 

filed. This rule will be effective July 25, 

2011 without further notice unless the 

Agency receives relevant adverse 

comments by June 27, 2011. 

If EPA receives such comments, then 

EPA will publish a notice withdrawing 

the direct final rule and informing the 

public that the 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 the 

proposed rule. All parties interested in 

commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on July 25, 2011 and no further action 

will be taken on the proposed rule. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule, and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

VII. Judicial Review 

Under CAA section 307(b)(1), judicial 

review of this final rule is available only 

by filing a petition for review in the 

United States Court of Appeals for the 

appropriate circuit by July 25, 2011. 

Under CAA section 307(b)(2), the 

requirements established by this final 

rule may not be challenged separately in 

any civil or criminal proceedings 

brought by EPA to enforce these 

requirements. 

Section 307(d)(7)(B) of the CAA 

further provides that ‘‘[o]nly an 

objection to a rule or procedure which 

was raised with reasonable specificity 

during the period for public comment 

(including any public hearing) may be 

raised during judicial review.’’ This 

section also provides a mechanism for 

us to convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Regional 

Administrator, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Five Post Office Square, 

Suite 100 (ORA01–4), Boston, MA 

02109–3912, with a copy to the 

person(s) listed in the preceding FOR

FURTHER INFORMATION CONTACT section, 

and the Regional Counsel, U.S. 


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Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Rules and Regulations 30549 

Environmental Protection Agency, EPA 

New England Regional Office, Five Post 

Office Square, Suite 100 (ORA01–4), 

Boston, MA 02109–3912. Filing a 

petition for reconsideration by the 

Administrator of this final rule under 

CAA section 307(d)(7)(B) does not affect 

the finality of this rule for the purposes 

of judicial review, does not extend the 

time within which a petition for judicial 

review may be filed, and does not 

postpone the effectiveness of the rule. 

VIII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action approves equivalent state 

requirements in place of Federal 

requirements under CAA section 112(l). 

This type of action is exempt from 

review under EO 12866. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). 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 dry cleaners. 

Thus, this action does not require any 

person to submit information. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

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 

organizations, and small governmental 

jurisdictions. For purposes of assessing 

the impacts of today’s rule on small 

entities, small entity is defined as: (1) A 

small business that meets the Small 

Business Administration size standards 

found at 13 CFR 121.201 (coin operated 

laundries and drycleaners as defined by 

NAICS code 812310 with annual 

receipts of less than $7.0 million or 

drycleaning and laundry services 

(except coin operated) as defined by 

NAICS code 812320 with annual 

receipts of less than $4.5 million); (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. After considering 

the economic impacts of today’s final 

rule on small entities, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

will not have a significant impact on a 

substantial number of small entities 

because approvals under CAA section 

112(l) and 40 CFR 63.93 do not create 

any new requirements. Such approvals 

simply allow a state to implement and 

enforce equivalent requirements in 

place of the Federal requirements that 

EPA is already imposing. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or Tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or Tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 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 dry cleaners. Thus, this 

action does not significantly or uniquely 

affect small governments. 

E. Executive Order 13132: Federalism 

This action 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 rule, 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 action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). 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 dry cleaners. 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 action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it 

approves a state program such that it 

allows the State of Maine to implement 

equivalent state requirements in lieu of 

pre-existing Federal requirements as 

applied only to area source dry cleaners. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. 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. 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, EPA did not 

consider the use of any voluntary 

consensus standards. 


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30550 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Rules and Regulations 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. 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 dry cleaners. As explained 

above, the state requirements contain 

standards that are at least equivalent to 

the Federal standards; thus, we 

anticipate only a positive impact from 

this action. 

K. Congressional Review Act 

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. 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). This rule 

will be effective July 25, 2011. 

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: May 13, 2011. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

40 CFR part 63 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—[Amended] 

■ 2. Section 63.14 is amended by 

revising paragraph (d)(6) to read as 

follows: 

§ 63.14 Incorporation by reference. 

(d) * * * 

(6) Maine Department of 

Environmental Protection regulations at 

Chapter 125, Perchloroethylene Dry 

Cleaner Regulation, effective as of June 

2, 1991, last amended on June 24, 2009. 

Incorporation By Reference approved 

for § 63.99(a)(20)(iii) of subpart E of this 

part. 

* * * * * 

Subpart E—[Amended] 

■ 3. Section 63.99 is amended by 

revising paragraph (a)(20)(iii) to read as 

follows: 

§ 63.99 Delegated Federal authorities. 

(a) * * * 

(20) * * * 

(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)(20)(iii)(A) of 

this section: 

(A) The material incorporated into the 

Maine Department of Environmental 

Protection regulations at Chapter 125, 

Perchloroethylene Dry Cleaner 

Regulation, effective as of June 2, 1991, 

last amended on June 24, 2009, 

pertaining to dry cleaning facilities in 

the State of Maine 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 July 11, 2008, for area 

sources only, as defined in § 63.320(h). 

(1) Authorities not delegated. 

(i) Maine is not delegated the 

Administrator’s authority to implement 

and enforce Maine regulations at 

Chapter 125, in lieu of those provisions 

of subpart M of this part which apply to 

major sources, as defined in § 63.320(g). 

(ii) Maine is not delegated the 

Administrator’s authority to implement 

and enforce Maine regulations at 

Chapter 125, in lieu of those provisions 

of subpart M of this part which apply to 

dry cleaning systems installed in a 

building with a residence between July 

13, 2006 and June 24, 2009, as defined 

in § 63.320(b)(2)(i) and § 63.322(o)(4). 

(2) [Reserved] 

(B) [Reserved] 

* * * * * 

[FR Doc. 2011–13003 Filed 5–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–42 

[FMR Change 2011–01; FMR Case 2011– 

102–1; Docket 2011–0008; Sequence 1] 

RIN 3090–AJ12 

Federal Management Regulation; 

Change in Consumer Price Index 

Minimal Value 

AGENCY: Office of Governmentwide 

Policy, GSA. 

ACTION: Final rule. 

SUMMARY: Pursuant to 5 U.S.C. 7342, at 

three-year intervals following January 1, 

1981, the minimal value for foreign gifts 

must be redefined by the Administrator 

of General Services, after consultation 

with the Secretary of State, to reflect 

changes in the Consumer Price Index for 

the immediately preceding 3-year 

period. The required consultation has 

been completed and the minimal value 

has been increased to $350 or less as of 

January 1, 2011. 

DATES: Effective Date: This final rule is 

effective May 26, 2011. 

Applicability Date: This final rule 

applies to all foreign gifts received on or 

after January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Holcombe, Director, Asset 

Management Policy Division (202–501– 

3828). 

SUPPLEMENTARY INFORMATION: 

A. Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 


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