State of California; Request for Approval of Section 112(l) Authority for Hazardous Air Pollutants; Perchloroethylene Air Emission Standards From Dry Cleaning Facilities

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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