[Federal Register Volume 71, Number 78 (Monday, April 24, 2006)]
[Rules and Regulations]
[Pages 20895-20900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3855]



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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: [email protected].
    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 [email protected].

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?

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    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,

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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 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

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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'' (65 FR 67249, 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.


0
40 CFR part 63 is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart A--[Amended]

0
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]

0
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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