Air quality implementation plans; approval and promulgation; various States: Texas,

[Federal Register: June 8, 1998 (Volume 63, Number 109)]

[Rules and Regulations]

[Page 31121-31123]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08jn98-12]

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.

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sections 115.521-115.527 and 115.529 for controlling emissions from perchloroethylene (perc) dry cleaners are being repealed.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:

1. 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.

2. 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.

3. Administrative Requirements

   1. Executive Order (E.O.) 12866

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

   2. 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).

   3. 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.

   4. 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).

   5. 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.

   6. Petitions for Judicial Review

      Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filedin 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. 98-15018Filed6-5-98; 8:45 am]

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