Approval and Promulgation of Implementation Plan; Texas; Revisions to 30 TAC Chapter 115 for Control of Volatile Organic Emissions From Perchloroethylene Dry Cleaning Systems

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.

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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cleaners are being repealed.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:

I. 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.

II. 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.

III. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget has exempted this regulatory

action from E.O. 12866 review.

B. 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).

C. 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.

D. 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).

E. 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.

F. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in 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. 98-15018 Filed 6-5-98; 8:45 am]

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