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Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants: Perchloroethylene Dry Cleaner Regulation Maine Department of Environmental Protection
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 24, 2006 (Volume 71, Number 78)]
[Rules and Regulations]
[Page 20895-20900]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap06-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R01-OAR-2006-0119; A-1-FRL-8049-9]
Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Perchloroethylene Dry Cleaner Regulation
Maine Department of Environmental Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Pursuant to section 112(l) of the Clean Air Act (``CAA''), the
Maine Department of Environmental Protection (``ME DEP'') submitted a
request for approval to implement and enforce ``Chapter 125:
Perchloroethylene Dry Cleaner Regulation'' in place of the National
Emissions Standard for Hazardous Air Pollutants for Perchloroethylene
Dry Cleaning Facilities (``Dry Cleaning NESHAP'') as it applies to area
sources. EPA has reviewed this request and determined that it satisfies
the requirements necessary for approval. Thus, EPA is hereby granting
ME DEP the authority to implement and enforce its perchloroethylene dry
cleaner regulation in place of the Dry Cleaning NESHAP for area
sources. This approval makes the ME DEP rule federally enforceable.
Major sources remain subject to the Federal Dry Cleaning NESHAP.
DATES: This action will be effective June 23, 2006, unless EPA receives
relevant adverse comments by May 24, 2006. If EPA receives such
comments, then it will publish a timely withdrawal in the Federal
Register informing the public that this direct final rule will not take
effect. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register
as of June 23, 2006.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2006-0119 by one of the following methods:
1. http://www.regulations.gov 
Follow the on-line
instructions for submitting comments.
2. E-mail: brown.dan@epa.gov.
3. Fax: (617) 918-0048.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2006-0119'',
Dan Brown, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAP),
Boston, MA 02114-2023.
5. Hand Delivery or Courier. Deliver your comments to: Dan Brown,
Manager, Air Permits, Toxics and Indoor Programs Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, 11th floor, (CAP),
Boston, MA 02114-2023. 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-
2006-0119. 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'' systems, 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.
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 Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100, 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.
FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics and
Indoor Programs Unit (CAP), U.S. Environmental Protection Agency, EPA
New England Regional Office, One Congress Street, Suite 1100, Boston,
MA 02114, telephone number (617) 918-1656, fax number (617) 918-0656,
e-mail lancey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available
for inspection electronically in Regional Material in EDocket, and the
hard copy available at the Regional Office, which are identified in the
ADDRESSES section of this Federal Register, copies of the State
submittal and EPA's technical support document are also available for
public inspection during normal business hours, by appointment at the
Bureau of Air Quality Control, Department of Environmental Protection,
First Floor of the Tyson Building, Augusta Mental Health Institute
Complex, Augusta, ME 04333-0017.
II. Rulemaking Information
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
A. Background and Purpose
B. What Requirements Must a State Rule Meet To Substitute for a
Section 112 Rule?
C. EPA Determination of Rule Equivalency
1. What Are the Major Differences Between Chapter 125 and the
Dry Cleaning NESHAP?
a. How Do the Applicability Requirements Differ?
b. How Do the Requirements for Transfer Machines Differ?
c. How Do the Requirements for Refrigerated Condensers Differ?
d. How Do the Work Practice Standards Differ?
e. How Do the Testing and Monitoring Requirements Differ?
f. How Do the Reporting Requirements Differ?
g. What Are the Title V Permit Requirements for Area Sources?
[[Page 20896]]
h. How Does Maine's Regulation Address the General Provisions at
40 CFR Part 63, Subpart A?
2. What Is EPA's Action Regarding Chapter 125?
3. How Do Amendments to the Dry Cleaning NESHAP Affect This Rulemaking?
III. Summary of EPA's Action
IV. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13045
B. Executive Order 13211
C. Executive Order 13175
D. Executive Order 13132
E. Regulatory Flexibility Act
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. National Technology Transfer and Advancement Act
I. Petitions for Judicial Review
A. 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 (NESHAP)). 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. ME DEP's request for approval was submitted pursuant to the
provisions of 40 CFR part 63, subpart E. On September 15, 2003, EPA
determined that Maine's submittal was complete.
Maine adopted Chapter 125 in 1991 to regulate dry cleaning
facilities that are area sources of perchloroethylene in the State of
Maine. See Maine Chapter 125 of the Department of Environmental
Protection Regulations. Chapter 125 was revised in 1997 and 2003 to
coincide more closely with the Dry Cleaning NESHAP and to remove
sections referring to obsolete practices and equipment. Chapter 125
requires area source dry cleaning facilities to register with the State
and to comply with control technology, leak detection and strict work
practice standards to reduce perchloroethylene emissions from their
operations. Chapter 125 contains certain requirements that differ from
the Dry Cleaning NESHAP. As explained below, however, EPA has
determined that Chapter 125 is no less stringent than the Dry Cleaning
NESHAP as applied to area sources. A copy of Chapter 125 is available
upon request or for public inspection at EPA's New England Regional
Office at the address listed above.
B. What Requirements Must a State Rule Meet To Substitute for a Section
112 Rule?
Section 112(l)(5) of the CAA requires that a State's NESHAP program
contain adequate authorities to assure compliance with each applicable
Federal requirement, adequate resources for implementation, and an
expeditious compliance schedule. These are also requirements for an
adequate operating permits program under 40 CFR part 70. On October 18,
2001, EPA promulgated full approval of ME DEP's operating permits
program. See 66 FR 52874. Under 40 CFR 63.91(d)(3), interim or final
title V program approval satisfies the criteria set forth in Sec.
63.91(d) for ``up-front approval.'' 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. 58 FR at 62274. A rule will be approved if EPA finds: (1) The
State and local rules are ``no less stringent'' than the corresponding
Federal regulations, (2) the State and local government has adequate
authorities to implement and enforce the rules, and (3) the schedule
for implementation and compliance is ``no less stringent'' than the
deadlines established in the otherwise applicable Federal rule. 40 CFR
63.93(b). After reviewing ME DEP's 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.
C. EPA Determination of Rule Equivalency
1. What Are the Major Differences Between Chapter 125 and the Dry
Cleaning NESHAP?
a. How Do the Applicability Requirements Differ?
The Dry Cleaning NESHAP classifies dry cleaning sources as major
sources based on either annual perchloroethylene (perc) emissions or
annual perc consumption. Major sources are those sources that: (1) Emit
or have the potential to emit more than 10 tons per year of perc to the
atmosphere, or (2) consume greater than 8000 liters (2100 gallons) of
perc for dry-to-dry machines or greater than 6800 liters (1800 gallons)
of perc for transfer machines or transfer and dry-to-dry machines. 40
CFR 63.320(g).
The Dry Cleaning NESHAP exempts certain area sources from specified
requirements based on perc consumption levels and the types of dry
cleaning machines used at the source. For example, an existing area
source consisting of only dry-to-dry machines is exempt from specified
operating standards and testing, monitoring, reporting and
recordkeeping requirements of the Dry Cleaning NESHAP if the facility's
total perc consumption is less than 140 gallons per year. 40 CFR
63.320(d). Similarly, an existing area source consisting of only
transfer machine systems is exempt from these same requirements if the
facility's total perc consumption is less than 200 gallons per year. 40
CFR 63.320(e). In addition, the Dry Cleaning NESHAP exempts all coin-
operated machines from the requirements of the rule. 40 CFR 63.320(j).
Chapter 125 of the Maine Department of Environmental Protection
regulations requires all area source dry cleaners to comply with the
requirements of the rule, regardless of their perc consumption levels.
Chapter 125, section 1. According to Maine's 2001 annual emissions
inventory data, about 70% of dry cleaners in Maine use less than 140
gallons of perc per year. Under the Federal rule, these area source dry
cleaners would be exempt from numerous operating standards and testing,
monitoring, reporting and recordkeeping requirements of the Dry
Cleaning NESHAP. Under Chapter 125, however, these smaller area sources
are subject to the same standards that apply to larger area sources. As
such, Chapter 125 imposes perc emission control requirements on a
significantly larger number of area sources than does the Dry Cleaning
NESHAP. In addition,
[[Page 20897]]
Chapter 125 contains no exemption for coin-operated machines. These
applicability provisions are more stringent than the applicability
provisions of the Dry Cleaning NESHAP.
b. How Do the Requirements for Transfer Machines Differ?
A transfer machine system is a multiple-machine dry cleaning
operation in which washing and drying are performed in different
machines. The Dry Cleaning NESHAP requires owners and operators of new
transfer machine systems to eliminate any emissions of perc from
clothing transfer between the washer and the dryer of transfer machine
systems. 40 CFR 63.322(b)(2). In addition, the Dry Cleaning NESHAP
allows for existing transfer machine systems and sets certain control
standards and other requirements for existing transfer machine systems.
See, e.g., 40 CFR 63.322(a). Clothing transfer emissions are a
significant portion of the overall emissions from transfer machine systems.
Chapter 125 prohibits the use and installation of all transfer
machines. Chapter 125, section 3.B(4). As such, Chapter 125 is more
stringent than the Dry Cleaning NESHAP.
c. How Do the Requirements for Refrigerated Condensers Differ?
The Dry Cleaning NESHAP prohibits any source that has a
refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer
from using the same refrigerated condenser coil for the washer that is
used by a dry-to-dry machine, dryer, or reclaimer. 40 CFR 63.322(f).
Only transfer machine systems have separate dry-to-dry machine, dryer,
or reclaimer systems. Because Chapter 125 prohibits the use or
installation of transfer machines at dry cleaning facilities (Chapter
125, section 3.B(4)), this requirement is inapplicable and does not
affect the stringency of the rule.
d. How Do the Work Practice Standards Differ?
The Dry Cleaning NESHAP requires all dry cleaning facilities to
``drain cartridge filters in their housing, or other sealed container,
for a minimum of 24 hours, or treat such filters in an equivalent
manner, before removal from the dry cleaning facility.'' 40 CFR
63.322(i). Chapter 125 requires that the cartridges be drained in the
filter housing for at least 24 hours or as approved by DEP and EPA.
Chapter 125, section 3.C(1). In addition, the rule requires that
``[w]hen any filtration cartridge is removed from the filter housing,
it must be placed in a sealed container which does not allow the
solvent in the filter to be emitted to the atmosphere, and must be
disposed in accordance with State and federal requirements.'' Id. These
requirements for the handling of cartridge filters are more specific
and more stringent than the requirements of the Dry Cleaning NESHAP.
The Dry Cleaning NESHAP also requires area sources to conduct
weekly inspections for perceptible leaks. Area sources with lower perc
consumption levels, however, are required to conduct such leak
detections only biweekly. 40 CFR 63.322(k) through (l). Chapter 125
requires all dry cleaners, regardless of their perc consumption levels,
to perform weekly inspections for perceptible leaks. Chapter 125,
sections 3.C(3) and 4.D.
As such, the work practice standards of Chapter 125 are more
stringent than the Dry Cleaning NESHAP.
e. How Do the Testing and Monitoring Requirements Differ?
The Dry Cleaning NESHAP states that, when a carbon adsorber is used
to comply with the operating standards of the rule, the concentration
of perc in the exhaust of the carbon adsorber must be equal to or less
than 100 parts per million (ppm) by volume and must be measured with a
colorimetric detector tube that is designed to measure a concentration
of 100 ppm by volume of perc in the air to an accuracy of < plus-
minus>25 ppm. 40 CFR 63.323(b).
Chapter 125 requires that any carbon adsorber used at a dry
cleaning machine reduce perc emissions to no more than 50 ppm by volume
and that the perc concentration be measured with a colorimetric
detector tube designed to measure 10-500 ppmv of perc with an accuracy
of ±5 ppm. Chapter 125, section 4.A(1). Chapter 125 also
requires that the sampling port for monitoring within the exhaust
outlet of the carbon adsorber be easily accessible. Chapter 125,
section 4.A(2). As such, the requirements of Chapter 125 for reduction
and measurement of perc concentrations in carbon adsorber exhaust are
more stringent than the corresponding requirements of the Dry Cleaning
NESHAP.
f. How Do the Reporting Requirements Differ?
The Dry Cleaning NESHAP requires the owner or operator of any dry
cleaning facility constructed or reconstructed after September 22,
1993, to file a certification of compliance status within 30 days of
startup. 40 CFR 63.320(b) and 63.324(b). The certification must contain
a calculation of the source's yearly perc solvent consumption limit and
the source's compliance status with each applicable requirement of the
Dry Cleaning NESHAP. 40 CFR 63.324(b)(1) through (3). This
certification is a one-time requirement.
Chapter 125 requires the owner or operator of any new source to
submit, within 30 days of startup, a calculation of the facility's perc
solvent consumption limit based on a 12-month rolling total limit and
an indication of compliance status. Chapter 125, section 6.B. Chapter
125 also requires the owner or operator of any dry cleaning facility to
submit an annual registration containing information about the
facility's total perc consumption for each of the previous twelve
months, a certification of the facility's status as a major or area
source, and an estimate of the waste that was shipped off-site, among
other things. Chapter 125, section 125.6.A. These reporting
requirements allow ME DEP to inventory and track annual perc
consumption and emissions for all area source dry cleaners. As such,
the reporting requirements of Chapter 125 are more stringent than the
corresponding requirements of the Dry Cleaning NESHAP.
g. What Are the Title V Permit Requirements for Area Sources?
Chapter 140.1.D(2) of Maine's regulations exempts area sources from
the requirement to obtain a title V operating permit if EPA exempts
these sources. Chapter 140, section 140.1.D(2). On December 19, 2005,
EPA permanently exempted five categories of area sources subject to
NESHAPs from the title V operating permit program, including area
source perchloroethylene dry cleaners. 70 FR 75320 (December 19, 2005).
Therefore, both Federal law and Maine's regulation at Chapter 140
exempt area source dry cleaners from title V permitting requirements.
Major source dry cleaners in Maine are still required to obtain title V
operating permits.
h. How Does Maine's Regulation Address the General Provisions at 40 CFR
Part 63, Subpart A?
Chapter 125 contains requirements that are generally equivalent to
or more stringent than the General Provisions at 40 CFR part 63,
subpart A. EPA notes that Chapter 125 does not contain a requirement
that corresponds to the notification requirement in 40 CFR 63.9(j),
which states that any change in the information provided to EPA under
[[Page 20898]]
the applicable notification requirements ``shall be provided to the
Administrator in writing within 15 calendar days after the change.'' As
explained above, however, Chapter 125 requires all dry cleaning
facilities to submit annual reports containing specific information
about perc consumption, major or area source status, and compliance
with the requirements of the rule. Any changes in such reported
information must, therefore, be included in the next annual report to
ME DEP and EPA. Given the more-detailed and regular reporting
requirements of Maine's regulation, EPA has determined that the
reporting requirements of Chapter 125 are, taken as a whole, more
stringent than the requirements of subpart A.
2. What Is EPA's Action Regarding Chapter 125?
After reviewing ME DEP's request for approval of ``Chapter 125:
Perchloroethylene Dry Cleaner Regulation,'' 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. Chapter 125, taken as a whole, is no less stringent than the
Federal Dry Cleaning NESHAP as applied to area sources. Therefore, EPA
hereby approves Maine's request to implement and enforce Chapter 125 in
place of the Dry Cleaning NESHAP for area sources in Maine. As of the
effective date of this action, Chapter 125 is enforceable by EPA and by
citizens under the CAA. Although ME DEP has primary responsibility to
implement and enforce Chapter 125, EPA retains the authority to enforce
any requirement of the rule upon its approval under CAA 112. CAA
section 112(l)(7).
3. How Do Amendments to the Dry Cleaning NESHAP Affect This Rulemaking?
On December 21, 2005 (70 FR 75884), EPA proposed amendments to the
dry cleaning NESHAP. Under Sec. 63.91(e)(3), if EPA amends or
otherwise revises a promulgated 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.
In accordance with these requirements, upon EPA's finalization of
any amendments to the Dry Cleaning NESHAP that increase its stringency,
EPA will determine whether these amendments necessitate a revision to
Maine's alternative requirements. If so, we will notify ME DEP of the
need to submit a revised equivalency demonstration in accordance with
the requirements of 40 CFR part 63, subpart E. In any event, the more
stringent NESHAP amendments will apply until EPA publishes in the
Federal Register a determination as to the equivalency of Maine's
requirements to the more stringent amendments.
III. Summary of EPA's Action
Pursuant to section 112(l) of the CAA and 40 CFR 63.91 and 63.93,
EPA is approving ME DEP's request to implement and enforce ``Chapter
125: Perchloroethylene Dry Cleaner Regulation'' in place of the Federal
Dry Cleaning NESHAP at 40 CFR part 63, subpart M, as it applies to area
sources in Maine. This approval makes Chapter 125 federally enforceable
and consolidates the compliance requirements for area source dry
cleaners in Maine into one set of regulations. Major source dry
cleaning facilities remain subject to the Federal requirements at 40
CFR part 63, subpart M and the Title V permitting requirements of 40
CFR part 70. Area source dry cleaning facilities are exempt from Title
V permitting requirements as of December 19, 2005. 70 FR 75320.
EPA views this approval of Maine's request to implement and enforce
Chapter 125 in place of the Dry Cleaning NESHAP for area sources as a
noncontroversial action, given that the state program has been
effective for several years and is, taken as a whole, more stringent
than the Dry Cleaning NESHAP. EPA anticipates no adverse comments.
Therefore, EPA is publishing this direct final rule without prior
proposal. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal for this action should relevant adverse comments
be filed. This action will be effective on June 23, 2006, without further
notice, unless EPA receives relevant adverse comments by May 24, 2006.
If EPA receives such comments, then it will publish a timely
withdrawal in the Federal Register informing the public that this
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 this rule. Any
parties interested in commenting should do so at this time. If no such
comments are received, the public is advised that this rule will be
effective on June 23, 2006 and no further action will be taken on the
proposed rule.
IV. Statutory and Executive Order Reviews
A. Executive Orders 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866, entitled ``Regulatory Planning and
Review.'' This rule is not subject to Executive Order 13045, entitled,
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
Executive Order 12866.
B. Executive Order 13211
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22,2001)) because it is not a
significant regulatory action under Executive Order 12866.
C. Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.''
This final rule does not have tribal implications. 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 drycleaners. 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 rule.
[[Page 20899]]
D. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This final rule 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
standard, 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 rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq. 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 not-for-profit
enterprises, and small governmental entities with jurisdiction over
populations of less than 50,000. This final rule will not have a
significant impact on a substantial number of small entities because
approvals under under 40 CFR 63.93 do not create any new requirements.
Such approvals simply allow the State to implement and enforce
equivalent requirements in place of the Federal requirements that EPA
is already imposing. Therefore, because this approval does not create
any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), 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
annual costs to State, local, or tribal governments in the aggregate,
or to 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.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector.
This Federal action allows Maine to implement equivalent
alternative requirements in lieu of pre-existing requirements under
Federal 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.
G. 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. 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).
H. 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. The 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, the NTTAA does
not apply to this rule.
I. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 23, 2006. 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 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 section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.
Dated: March 16, 2006.
Robert W. Varney,
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 adding paragraph (d)(6) to read as follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(d) * * *
(6) Maine Regulations Applicable to Hazardous Air Pollutants (March
2006). Incorporation By Reference approved
[[Page 20900]]
for Sec. 63.99(a)(19)(iii) of subpart E of this part.
* * * * *
Subpart E--[Amended]
? 3. Section 63.99 is amended by adding paragraph (a)(19)(iii) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(19) * * *
(iii) Affected area sources within Maine must comply with the Maine
Regulations Applicable to Hazardous Air Pollutants (incorporated by
reference as specified in Sec. 63.14) as described in paragraph
(a)(19)(iii)(A) of this section:
(A) The material incorporated into the Maine Department of
Environmental Protection regulations at Chapter 125 pertaining to dry
cleaning facilities in the State of Maine's jurisdiction, and approved
under the procedures in Sec. 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 December 19, 2005,
for area sources only, as defined in Sec. 63.320(h).
(B) [Reserved]
* * * * *
[FR Doc. 06-3855 Filed 4-21-06; 8:45 am]
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