[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]
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