[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Proposed Rules]
[Pages 53728-53729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25649]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-5315-2]
State of California; Request for Approval of Section 112(l)
Authority for Hazardous Air Pollutants; Perchloroethylene Air Emission
Standards From Dry Cleaning Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Receipt of a Complete Application from the State of
California; Notice of Public Comment Period.
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SUMMARY: The California Air Resources Board (CARB) has applied for
approval of its Airborne Toxic Control Measure for Emissions of
Perchloroethylene from Dry Cleaning Operations (dry cleaning ATCM)
under section 112(l) of the Clean Air Act (CAA). In addition, CARB is
also requesting approval of California's authorities and resources to
implement and enforce all CAA section 112 programs and rules, with the
exception of the accidental release prevention program to be
promulgated pursuant to CAA section 112(r). The Environmental
Protection Agency (EPA) has reviewed CARB's requests for approval and
has found that these requests for approval satisfy all of the
requirements necessary to qualify as complete applications. Thus, EPA
is hereby taking public comment on whether California's dry cleaning
ATCM should be implemented and enforced in place of the National
Perchloroethylene Air Emission Standards for Dry Cleaning Facilities,
40 CFR Part 63, Subpart M; and whether California's authorities and
resources are adequate to implement and enforce all CAA section 112
programs and rules.
DATES: Comments on California's requests for approval must be received
on or before November 16, 1995.
ADDRESSES: Written comments should be mailed concurrently to the
addresses below:
Daniel A. Meer, Chief, Rulemaking Section [A-5-3], Air and Toxics
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105-3901.
Robert Fletcher, Chief, Emissions Assessment Branch, Stationary Source
Division, California Air Resources Board, 2020 ``L'' Street, P.O. Box
2815, Sacramento, CA 95812-2815.
Copies of California's requests for approval are available for
public inspection at EPA's Region IX office during normal business
hours. Copies of the requests for approval are also available for
inspection at the following location: California Air Resources Board,
Stationary Source Division, 2020 ``L'' Street, P.O. Box 2815,
Sacramento, CA 95812-2815.
FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3),
Air and Toxics Division, U.S. Environmental Protection Agency, Region
IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1200.
SUPPLEMENTARY INFORMATION:
I. California's Dry Cleaning Rule
A. Background
Under CAA section 112(l), EPA is authorized to delegate to State
agencies the authority to implement and enforce the National Emission
Standards for Hazardous Air Pollutants (NESHAPs). The Federal
regulations governing EPA's approval of State rules or programs under
section 112(l) are located at 40 CFR Part 63, Subpart E. Under these
regulations, a State has the option to request EPA's approval to
substitute a State rule for the comparable NESHAP. Upon approval the
State is given the authority to implement and enforce its rule in lieu
of the NESHAP. This ``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
section 63.93 [see 58 FR 62274]. A rule will be approved if EPA finds:
(1) The State authorities are ``no less stringent'' than the
corresponding Federal NESHAP, (2) adequate authorities and resources
exist, (3) the schedule for implementation and compliance is
sufficiently expeditious, and (4) the State program is otherwise in
compliance with Federal guidance.
On September 22, 1993, EPA promulgated the NESHAP for
perchloroethylene dry cleaning facilities (see 58 FR 49354), which has
been codified in 40 CFR Part 63, Subpart M, National Perchloroethylene
Air Emission Standards for Dry Cleaning Facilities (dry cleaning
NESHAP). On July 10, 1995, EPA received CARB's request for approval to
implement and enforce its dry cleaning ATCM in lieu
[[Page 53729]]
of the dry cleaning NESHAP. CARB's request for approval was submitted
pursuant to the provisions of 40 CFR Sec. 63.93 and was found to be
complete on August 9, 1995.
B. Major Dry Cleaning Sources
Under the dry cleaning NESHAP, dry cleaning facilities are divided
between major sources and area sources. CARB's request for approval
includes only those provisions of the dry cleaning NESHAP that apply to
area sources. Thus, dry cleaning facilities that are major sources, as
defined by the dry cleaning NESHAP, remain subject to the dry cleaning
NESHAP and the Title V operating permit program.
C. Equivalent Emission Control Technology
Under the dry cleaning NESHAP, any person may petition the EPA
Administrator for a determination that the use of certain equipment or
procedures is equivalent to the standards contained in the dry cleaning
NESHAP (see 40 CFR 63.325). As a supplement to its request for approval
of the dry cleaning ATCM, CARB has also requested approval of the
authority to determine equivalent emission control technology. Given
the form of CARB's application, EPA is treating this supplement as a
separate and independent request for approval.
II. California's Authorities and Resources To Implement and Enforce CAA
Section 112 Standards
Any request for approval under CAA section 112(l) must meet the
approval criteria in 112(l)(5) and 40 CFR Part 63, Subpart E. To
streamline the approval process for future applications, a State may
submit for approval a demonstration that it has adequate authorities
and resources to implement and enforce any CAA section 112 standards.
Approval of this demonstration will obviate the need for the State to
resubmit in each subsequent request for approval its prior
demonstration that it has adequate authorities and resources to
implement and enforce the section 112 standard.
As part of its dry cleaning ATCM application, CARB is also
requesting approval of California's authorities and resources to
implement and enforce all CAA section 112 programs and rules, with the
exception of the accidental release prevention program to be
promulgated pursuant to CAA section 112(r). Although approval of
California's authorities and resources will not result in delegation of
the section 112 standards, it will obviate the need for California to
resubmit a demonstration of these same authorities and resources for
every subsequent request for delegation of section 112 standards,
regardless of whether the State requests approval of rules that are
identical to or differ from the Federal standards as promulgated.
Since the above demonstration is also required under 40 CFR Part
70, EPA will evaluate this demonstration as it applies to Part 70
sources when it evaluates the Part 70 program applications submitted by
the California air pollution control or air quality management
districts.
III. Public Comment
EPA is seeking comment on all aspects of California's requests for
approval, i.e., the dry cleaning ATCM as a substitute for the dry
cleaning NESHAP, the request for approval of the authority to determine
equivalent emission control technology, and the adequacy of
California's authorities and resources. EPA will consider all public
comments submitted during the public comment period. Issues raised by
the comments will be carefully reviewed and considered in the decision
to approve or disapprove CARB's requests. EPA expects to make a final
decision on whether or not to approve California's requests on or
around February 5, 1996, and will provide notice of its decision in the
Federal Register. The notice will include a summary of the reasons for
the final decision and a summary of all major comments.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Incorporation by reference, Reporting and recordkeeping
requirements.
Authority: This action is issued under the authority of Title
III of the Clean Air Act as amended, 42 U.S.C. 2399.
Dated: September 25, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-25649 Filed 10-16-95; 8:45 am]
BILLING CODE 6560-50-P
