[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Rules and Regulations]
[Pages 31121-31123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15018]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX95-1-7379a FRL-6104-2]


Approval and Promulgation of Implementation Plan; Texas; 
Revisions to 30 TAC Chapter 115 for Control of Volatile Organic 
Emissions From Perchloroethylene Dry Cleaning Systems

AGENCY: Environmental Protection Agency (EPA).


[[Page 31122]]


ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation 
Plan (SIP) in order to repeal rules which are no longer required. The 
requirements of 30 TAC Chapter 115, sections 115.521-115.527 and 
115.529 for controlling emissions from perchloroethylene (perc) dry 
cleaners are being repealed. In a February 7, 1996, Federal Register 
action, for purposes of preparing SIP's to attain the national ambient 
air quality standards (NAAQS) for ozone under title I of the Clean Air 
Act (Act), EPA excluded perc from the Federal definition of Volatile 
Organic Compound (VOC) due to perc's negligible photochemical 
reactivity. Emissions from perc dry cleaners will continue to be 
regulated by the perc dry cleaning National Emission Standards for 
Hazardous Air Pollutants which EPA promulgated on September 22, 1993.

EFFECTIVE DATE: This direct final rule is effective on August 7, 1998 
without further notice, unless EPA receives adverse comment by July 8, 
1998. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule did not take effect.

ADDRESSES: Written comments should be addressed to Mr. Thomas H. Diggs, 
Chief, Air Planning Section (6PD-L), at the EPA Regional Office listed 
below. Copies of the documents relevant to this final action are 
available for public inspection during normal business hours at the 
following locations. Interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least two working days in advance.
    Environmental Protection Agency, Region 6, Multimedia Planning and 
Permitting Division, 1445 Ross Avenue, Suite 700, Dallas, TX 75202-
2733.
    Texas Natural Resource Conservation Commission (TNRCC), Office of 
Air Quality, 12100 Park 35 Circle, Austin, Texas 78753.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, Environmental Protection Agency, 401 M Street SW., Washington, 
D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Mr. Ken Boyce, Air Planning Section 
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202, telephone: (214) 665-7259.

SUPPLEMENTARY INFORMATION:

I. Background

    The EPA's purpose in promulgation of the general definition of VOC 
(40 CFR 51.100(s)) is for use in the preparation of SIP's designed to 
achieve and maintain the NAAQS for ozone. That definition of VOC lists 
several compounds which are considered to have negligible photochemical 
reactivity and, therefore, are exempt from the VOC definition. Based on 
the criteria used to judge the reactivity of compounds for this list, 
EPA determined that perc should be added to the list of compounds as 
not contributing substantially to the formation of ground level ozone. 
On February 7, 1996, in 61 FR 4588, EPA excluded perc as a VOC. The 
result of this action is that States are not allowed to continue to 
take credit for perc reductions in ozone non-attainment planning.
    EPA will not enforce measures controlling perc as part of a 
federally-approved ozone SIP. The recently promulgated NESHAP increases 
public health protection above levels achieved by the formerly 
applicable Control Techniques Guideline (CTG). The exclusion of perc 
from the definition of VOC means that for purposes of ozone control, 
the perc dry cleaning CTG no longer has the legal status of a CTG. As a 
result of the change in status of the perc CTG, states are no longer 
required to have rules based upon the CTG. The State's Chapter 115 rule 
for perc was based on the CTG and is therefore no longer required. 
States may still use the CTG as a source of technical information for 
developing rules to control toxic materials. While the rules are no 
longer necessary for ozone control, EPA is regulating perc as a 
hazardous air pollutant under section 112 of the 1990 amendments to the 
Federal Clean Air Act. Maintaining the SIP rules for perc would be 
largely duplicative of these requirements. In addition, any existing 
dry cleaners currently complying with the Chapter 115 perc dry cleaning 
rules are likely to continue using their add-on controls due to the 
value of the recovered perc. Therefore, the Chapter 115 perc dry 
cleaning rules can be repealed.

II. Final action

    This action approves a revision to TNRCC Regulation V (30 TAC 
Chapter 115) which removes regulations concerning perc dry cleaning 
systems from the Texas SIP submitted by the Governor of Texas on 
November 12, 1997.
    The EPA is publishing this rule without a 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 SIP revision should 
relevant adverse comments be filed. This direct final rule is effective 
on August 7, 1998 without further notice, unless EPA receives adverse 
comment by July 8, 1998. If adverse comment is received, EPA will 
publish a timely withdrawal of the direct final rule in the Federal 
Register and inform the public that the rule did not take effect.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule did 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only 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 August 7, 1998 and no further action will be 
taken on the proposed rule.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP will be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

III. Administrative Requirements

A. Executive Order (E.O.) 12866

    The Office of Management and Budget has exempted this regulatory 
action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    The SIP approvals under section 110 and subchapter I, part D of the 
Act do not create any new requirements but simply approve requirements 
that the State is already imposing. Therefore,

[[Page 31123]]

because the Federal SIP approval does not impose any new requirements, 
I certify that it does not have a significant impact on any small 
entities affected. Moreover, due to the nature of the Federal-State 
relationship under the Act, preparation of a flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of State 
action. The Act forbids EPA to base its actions concerning SIPs on such 
grounds. See Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 
(1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate; or to the private sector, of $100 
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires EPA to establish a plan for informing and advising any small 
governments that may be significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
preexisting requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because this is not an economically significant 
regulatory action as defined by E.O. 12866. The environmental risks or 
safety risks addressed by this action do not have a disproportionate 
effect on children.

F. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 7, 1998. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and will not postpone the effectiveness of such rule 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 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Ozone, Reporting and recordkeeping 
requirements, and Volatile organic compounds.

    Dated: May 12, 1998.
Jerry Clifford,
Deputy Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart SS--Texas

    2. Section 52.2270 is amended by adding paragraph (c)(110) to read 
as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (c) * * *
    (110) Revision to the Texas State Implementation Plan adopted by 
the Texas Natural Resource Conservation Commission (TNRCC) on October 
15, 1997, and submitted by the Governor on November 12, 1997, repealing 
the Perchloroethylene Dry Cleaning Systems regulations from the Texas 
SIP.
    (i) Incorporation by reference.
    TNRCC Order Docket No. 97-0534-RUL issued October 21, 1997, 
repealing Perchloroethylene Dry Cleaning Systems regulations (Sections 
115.521 to 115.529) from 30 TAC Chapter 115.
    (ii) Additional materials.
    (A) letter from the Governor of Texas dated November 12, 1997, 
submitting amendments to 30 TAC Chapter 115 for approval as a revision 
to the SIP.

[FR Doc. 98-15018 Filed 6-5-98; 8:45 am]
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