[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Proposed Rules]
[Pages 64002-64006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30260]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5344-4]


National Emission Standards for Hazardous Air Pollutants for: 
Chromium Emissions From Hard and Decorative Chromium Electroplating and 
Chromium Anodizing Tanks; Ethylene Oxide Commercial Sterilization and 
Fumigation Operations; Perchloroethylene Dry Cleaning Facilities; and 
Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule: amendment.

-----------------------------------------------------------------------

SUMMARY: This action proposes amendments to certain sections of the 
following promulgated standards: ``National Emission Standards for 
Chromium Emissions from Hard and Decorative Chromium Electroplating and 
Chromium Anodizing Tanks; Final Rule'' (subpart N); ``National Emission 
Standards for Hazardous Air Pollutants for Ethylene Oxide Commercial 
Sterilization and Fumigation Operations'' (subpart O); ``National 
Emission Standards for Hazardous Air Pollutants for Source Categories: 
Perchloroethylene Dry Cleaning Facilities'' (subpart M); and ``National 
Emission Standards for Hazardous Air Pollutants from Secondary Lead 
Smelting'' (subpart X). Except in the case of subpart X, today's action 
proposes to amend the Final Rules' requirement that nonmajor sources 
obtain title V operating permits. The action being taken today will 
substantially reduce the unnecessary and undue regulatory burden for 
States and local agencies, EPA Regional Offices, and the industry 
during a time when tremendous resources are necessary for the initial 
implementation of the title V permit program. Because sources are still 
required to meet all applicable emission control requirements 
established by the respective MACT standards, this action is not 
expected to have adverse environmental results. The amendment to 
subpart X will confirm that existing nonmajor secondary lead smelting 
facilities will be subject to title V permit requirements.

DATES: Comments. Comments must be received on or before January 12, 
1996, unless a hearing is requested by December 26, 1995. If a hearing 
is requested, written comments must be received by January 29, 1996.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than December 26, 1995. If a hearing is held, it will take 
place on December 28, 1995, beginning at 10:00 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket No. A-88-02 (subpart N), or Attention Docket No. A-88-
03 (subpart O), or Attention Docket No. A-95-16 (subpart M), or 
Attention Docket No. A-92-43 (subpart X), as applicable, (see docket 
section below), room M-1500, U.S. Environmental Protection Agency, 401 
M Street, SW, Washington, D.C. 20460. The EPA requests that a separate 
copy also be sent to the contact person listed below.
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing or wishing 
to present oral testimony should notify Marguerite Thweatt, U.S. 
Environmental Protection Agency, Research Triangle Park, N.C. 27711, 
telephone (919) 541-5607.
    Docket. Docket No. A-88-02, containing the supporting information 
for the original subpart N NESHAP and this action, Docket No. A-88-03, 
containing the supporting information for the original subpart O 
NESHAP, Docket No. A-88-11, containing the supporting information for 
the original subpart M NESHAP, and Docket No. A-92-43, containing the 
supporting information for the original subpart X NESHAP, are available 
for public inspection and copying between 8:00 a.m. and 5:30 p.m., 
Monday through Friday, at the EPA's Air and Radiation Docket and 
Information Center, Waterside Mall, room M-1500, first floor, 401 M 
Street SW, Washington, DC 20460, or by calling (202) 260-7548. A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Lalit Banker, Emission Standards 
Division (MD-13), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5420.

SUPPLEMENTARY INFORMATION:

I. Background

    Title V of the Clean Air Act (Act), as amended in 1990, requires 
States to develop programs for issuing operating permits to major 
stationary sources (including major sources of hazardous air pollutants 
listed in section 112 of the Act), sources covered by New Source 
Performance Standards (NSPS), sources covered by emission standards for 
hazardous air pollutants pursuant to section 112 of the Act, and 
affected sources under the acid rain program. Section 502(a) of the Act 
requires that major and nonmajor sources subject to 111 and 112 
standards obtain operating permits. However, the Administrator may 
exempt certain categories of nonmajor sources from the requirement to 
obtain a permit ``if the Administrator finds that compliance with such 
requirements is impracticable, infeasible, or unnecessarily burdensome 
on such categories.* * *''
    On July 21, 1992, EPA published in the Federal Register 
implementing regulations for the title V permit program (40 CFR part 
70). In Sec. 70.3(b)(1), EPA opted to allow States to temporarily 
exempt nonmajor sources (except for affected sources and solid waste 
incineration units), including those which were subject to section 111 
or 112 standards promulgated as of July 21, 1992, from the requirement 
to obtain a permit.
    This temporary exemption was allowed for several reasons. Under 
part 70, permitting authorities will process applications and issue 
permits for tens of thousands of major sources during the early years 
of the program. The EPA considered it ``unnecessarily burdensome'' to 
also require permitting authorities to issue permits to a larger 
population of nonmajor sources within the same time frame. Such a 
requirement would stress the permitting 

[[Page 64003]]
system at its most vulnerable time, and hinder timely issuance of 
permits to both major and nonmajor emitters.
    Additionally, the great majority of nonmajor sources are small 
businesses, and many are not currently subject to State air permit 
programs. Many small businesses will require greater assistance from 
the permitting authorities because of a relative lack of technical and 
legal expertise, resources, and experience in dealing with 
environmental regulation. If permitting authorities are overburdened 
from a backlog of permits to be processed, nonmajor sources will be 
unable to obtain technical and procedural assistance necessary to help 
them file timely and complete applications. This likely scenario 
constitutes an unnecessary burden on nonmajor sources, especially 
considering that by definition they emit less than major sources and 
that deferring permitting requirements does not defer a source's 
obligation to comply with the applicable requirements of the Act. [The 
preamble to the final part 70 regulations (57 FR 32261) provides a more 
exhaustive discussion of EPA's decision to allow States to temporarily 
exempt nonmajor sources from title V permitting.]
    The part 70 regulations specify that this temporary exemption will 
expire at such time as EPA completes a rulemaking to determine how the 
part 70 program should be structured for nonmajor sources. In addition, 
the rulemaking will consider whether to grant permanent exemptions to 
any source categories for which there is a sufficient record to support 
such an exemption.
    The part 70 regulations also address applicability for nonmajor 
sources subject to section 111 or 112 standards promulgated after July 
21, 1992. Section 70.3(b)(2) specifies that for nonmajor sources that 
are subject to a standard or other requirement promulgated under either 
section 111 or 112 of the Act after July 21, 1992, the Administrator 
will determine whether to exempt any or all such sources from the 
requirement to obtain a part 70 permit at the time that the new 
standard is promulgated. Thus, decisions regarding permitting 
exemptions were to be made as each new standard covering nonmajor 
sources was published. With regard to section 112, EPA has published 
since July 21, 1992 (in 40 CFR part 63) hazardous air pollutant 
standards that apply to nonmajor sources in the following five source 
categories: perchloroethylene dry cleaning facilities (September 22, 
1993; 58 FR 49353), halogenated solvent cleaning (December 2, 1994; 59 
FR 61801--amended June 5, 1995; 60 FR 29484), ethylene oxide commercial 
sterilization and fumigation operations (December 6, 1994; 59 FR 
62585), hard and decorative chromium electroplating and chromium 
anodizing tanks (January 25, 1995; 60 FR 4948), and secondary lead 
smelters (May 31, 1995; 60 FR 32587). Of these five, only the standard 
for halogenated solvent cleaning contained a temporary permitting 
exemption. In this standard, States were given the option of 
permanently exempting small cold cleaners and temporarily exempting all 
other nonmajor solvent cleaners from title V permit requirements.
    The remaining standards did not offer any exemptions from 
permitting, although the preamble to the dry cleaning standard did 
state an intention to allow States to defer permitting of nonmajor 
sources subject to that standard. Nonetheless, in the absence of 
specific language in that regulation granting States the option to 
exempt or temporarily exempt nonmajor sources from permit requirements, 
the General Provisions (subpart A) of part 63 apply, which by default 
extend the permitting requirement to nonmajor sources subject to post-
July 21, 1992, MACT standards.

II. Proposed Changes to Subpart N, Subpart O, and Subpart M

A. State Option to Defer Nonmajor Sources

    The final rules, that is subparts N, O, and M, required all 
affected nonmajor sources to obtain a title V permit from the 
appropriate permitting authority. All affected nonmajor sources in the 
above source categories are required to apply for a title V permit 
within 12 months of the later of the following dates: the effective 
date of the respective MACT standard or the effective date of a title V 
program to which an affected source in the above source categories is 
subject. Major sources in the above source categories are required to 
apply for and obtain permits according to the transition plans outlined 
in the title V programs submitted by the State and local permitting 
authorities for EPA approval.
    Several comments were received regarding the title V permit 
requirements for area sources in the Chromium Electroplating rule 
(subpart N) before promulgation. The commenters believed that the costs 
for nonmajor sources to obtain title V permits would be overly 
burdensome, and the emissions from such sources may be insignificant. 
However, in responding to these comments in the final rule, EPA 
believed that requiring area sources to obtain title V permits was 
important because of the toxicity of chromium compounds and the close 
proximity of many of these sources to residential areas. Following 
promulgation of these final rules, discussions were held with States 
and EPA Regions regarding their permitting strategies for nonmajor 
sources. As a result, EPA concluded that the Chromium Final Rule 
imposes an undue burden on the States in requiring the permitting of 
nonmajor Chromium sources without deferral. In particular, EPA found 
that permitting such sources during the early stages of the title V 
program would be particularly burdensome to permitting authorities. In 
addition to ensuring compliance with the requirements of the standard, 
permitting authorities would also need to contact and educate owners or 
operators of nonmajor sources regarding title V requirements. Following 
the submittal of applications, permitting authorities would then begin 
processing such applications in conjunction with major source 
applications. Given that the vast number of Chromium sources (about 
5,000 nationwide) are nonmajor sources, requiring a permitting 
authority to permit nonmajor sources during the early years of 
implementing a title V program imposes an undue burden.
    The EPA believes that the Final Rule as promulgated will also 
impose an undue hardship on a majority of owners or operators of 
nonmajor sources because this burden on permitting authorities 
translates into a burden on sources subject to the program. To require 
that owners or operators of nonmajor sources meet the requirement of 
filing a timely and complete application prior to or within the initial 
implementation period of the Chromium Electroplating MACT Standard 
would place an undue burden on these sources. As a result, the EPA has 
concluded that the burden associated with permitting outweighs the 
enhancement to the enforceability of this standard that would result 
from inclusion in a title V permit. Therefore, the Final Rule is being 
amended to allow States to defer for five (5) years all nonmajor 
Chromium sources from being subject to the requirements of a title V 
permit program.
    The 5-year deferral is determined with respect to the effective 
date of the first State or local program to defer nonmajor sources from 
title V permitting. Washington State and local programs within the 
State of Washington were the first programs approved by EPA which 
deferred nonmajor sources. Final action on these programs was published 
on November 9, 1994, and the programs became 

[[Page 64004]]
effective on December 9, 1994. As a result, the 5-year deferral ends on 
December 9, 1999, with Chromium sources becoming subject to title V on 
that date. Applications from nonmajor Chromium sources are to be filed 
within 12 months of becoming subject to title V (by December 9, 2000). 
This also applies to nonmajor sources in subparts O and M for similar 
reasons. The EPA emphasizes that this deferral applies to nonmajor 
sources.
    The sole standard which will not offer temporary exemptions from 
part 70 permitting requirements is the secondary lead smelter standard 
(subpart X, promulgated on May 31, 1995 (60 FR 32587)). In contrast to 
the hundreds or thousands of sources in the four other source 
categories, there are a total of only 16 secondary lead smelters and 
only five of these are nonmajor sources. Additionally, the five 
nonmajor lead smelters are owned by relatively large companies. These 
companies should be better equipped to handle the part 70 permitting 
process than the small businesses characterizing the other source 
categories. For these reasons, EPA concludes that requiring the five 
sources to obtain part 70 permits without delay will not be 
impracticable or infeasible for the State or local permitting 
authorities involved and will not unnecessarily burden the five 
companies.

B. Proposed Permanent Exemption of Certain Decorative Chromium 
Electroplating and Chromium Anodizing Operations

    Section 502(a) of the Act expressly gives the Administrator the 
discretion to exempt one or more nonmajor source categories (in whole 
or in part) from the requirement to obtain a permit ``if the 
Administrator finds that compliance with such requirements is 
impracticable, infeasible, or unnecessarily burdensome on such 
categories.'' 42 U.S.C. section 7661a (a). One factor that EPA 
considers as part of the unnecessarily burdensome criteria is the 
degree to which the standard is implementable outside of a title V 
permit, such that the title V permit will provide minimal additional 
benefit with regard to source-specific tailoring of the standard. To 
the extent such benefit is minimal, it supports the finding that the 
burden imposed is ``unnecessary.'' This factor was analyzed when EPA 
evaluated decorative chrome plating (using hexavalent chromium baths) 
and chromium anodizing processes that use fume suppressant technology 
to reduce chromium emissions during operation. The fume suppressant 
technology inhibits emissions at the source by reducing the surface 
tension of the plating solution. The standard requires that the surface 
tension be kept below 45 dynes per centimeter (dynes/cm) in order to 
comply. In addition, the surface tension must be measured at a certain 
specified time interval to ensure continuous compliance. This measure 
of compliance (45 dynes/cm) is directly stated in the standard and is 
directly enforceable. No judgment or negotiation is required in 
establishing a directly enforceable monitoring value during a 
performance test as is the case with the other chromium sources covered 
by the rule which use add-on controls. Also included in this permitting 
exemption are the decorative chrome plating operations using the 
trivalent chrome baths which incorporate the use of wetting agents 
which inhibit chromium emissions as a bath component. The standard does 
not have any additional requirements for these sources except for 
recordkeeping of chemicals bought.
    Although sources using fume suppressant technology could be 
permitted through general permits, thereby reducing the administrative 
permitting burden for these sources, EPA believes this would add 
minimally to enforceability of the rule. This is because the reporting, 
recordkeeping, and annual compliance certification requirements of the 
rule already approximate those which would be imposed through title V, 
and which constitute a primary value added by a general title V permit.
    Therefore, for the reasons stated above, the EPA is proposing to 
permanently exempt all hexavalent decorative plating and chromium 
anodizing operations that use fume suppressants as an emission 
reduction technology and all trivalent decorative plating operations 
incorporating wetting agents as a bath component from the requirement 
of obtaining a title V permit. This is based upon EPA's determination 
that it will be unnecessarily burdensome for these sources to obtain 
permits.
    All the requirements listed in the final standards (subparts N, O, 
and M) will continue to be applicable per the schedule that is provided 
in the respective rules. For example, all sources still must comply 
with the compliance schedule within the rule, perform monitoring of the 
required parameters for ensuring compliance, and follow the reporting 
and recordkeeping requirements. The Administrator or a delegated State 
or local authority will enforce the requirements of the final rules 
through appropriate means, and will not be handicapped by the temporary 
or permanent exemptions from the title V permit requirements. The EPA 
believes that through the implementation of the final rules, the 
primary goal of significant reductions in chromium, ethylene oxide, and 
perchloroethylene emissions will be achieved.

III. Possible Additional Permanent Exemptions

    Although this action proposes temporary exemptions for the subject 
source categories (except for proposed permanent exemptions for two 
subcategories within the chrome plating category), EPA will consider 
promulgating additional permanent exemptions for any of these source 
categories or subcategories within these source categories if 
warranted. The EPA specifically solicits comment on whether any of the 
source categories for which temporary exemptions are being proposed 
should be permanently exempted from title V requirements and the 
reasons for such permanent exemptions. Comments should address the 
Clean Air Act criteria for exempting categories from permitting 
requirements, which are that it would be ``impracticable, infeasible, 
or unnecessarily burdensome on such source categories.'' Any comments 
received and additional information obtained by EPA after this proposal 
will be considered in determining whether sufficient justification 
exists to promulgate permanent exemptions.

IV. Typographical Correction

    A minor typographical error was discovered in section 63.344 of the 
subpart N. It is being amended here to correctly present our intention.

V. Administrative Requirements

A. Public Hearing

    A public hearing will be held, if requested, to provide opportunity 
for interested persons to make oral presentations regarding the 
proposed amendments in accordance with section 307(d)(5) of the Act. 
Persons wishing to make oral presentation on the proposed amendments 
should contact the EPA at the address given in the ADDRESSES section of 
this preamble. Oral presentations will be limited to 15 minutes each. 
Any member of the public may file a written statement before, during, 
or within 30 days after the hearing. Written statements should be 
addressed to the Air Docket Section at the address given in the 
ADDRESSES section of this preamble and should refer to the applicable 
docket number.
    A verbatim transcript of the hearing and written statements will be 
available 

[[Page 64005]]
for inspection and copying during normal business hours at the EPA's 
Air Docket Section in Washington, D.C. (see ADDRESSES section of the 
preamble).

B. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated National Emission Standards for Hazardous Air Pollutants 
(NESHAP) were submitted to and approved by the Office of Management and 
Budget (OMB). Today's proposed changes to the NESHAP would not increase 
the information collection burden estimates made previously. In fact, 
they are expected to reduce the required paperwork by providing the 
opportunity for delays for some sources and exemptions for others from 
requirements to obtain a title V permit.

C. Executive Order 12866

    Under Executive Order 12866, the Agency must determine whether a 
regulatory action is ``significant'' and therefore subject to OMB 
review and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of the Executive Order, the OMB has notified 
the EPA that it does not consider this to be a ``significant regulatory 
action'' within the meaning of the Executive Order. Therefore, the EPA 
did not submit this action to the OMB for review.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires EPA 
to consider potential impacts of proposed regulations on small business 
``entities.'' A regulatory flexibility analysis (RFA) is required if 
preliminary analysis indicates ``a significant economic impact on a 
substantial number of small entities.'' As explained earlier in this 
notice, the proposed amendments would reduce the impacts on small 
businesses by allowing States to delay some and exempt others from the 
requirement to obtain a title V permit.

E. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
Agency prepare a budgetary impact statement to accompany any proposed 
or final rule that includes a Federal mandate that may result in 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any 1 year. 
Section 203 requires the Agency to establish a plan for obtaining input 
from and informing, educating, and advising any small governments that 
may be significantly or uniquely affected by the rule.
    As explained earlier in this notice, the proposed amendments would 
reduce the cost to State, local, and tribal governments and the private 
sector by allowing States to delay some and exempt others from the 
requirement to obtain a title V permit. Therefore, EPA has not prepared 
a budgetary impact statement for the proposed amendments.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: December 1, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations are proposed to be amended as set 
forth below:

PART 63--[AMENDED]

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

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

Subpart N--[Amended]

    2. Section 63.340 is amended by revising paragraph (e) to read as 
follows:


Sec. 63.340  Applicability and designation of sources.

* * * * *
    (e)(1) The Administrator has determined, pursuant to the criteria 
under section 502(a) of the Act, that an owner or operator of the 
following types of operations that are not by themselves major sources 
and that are not located at major sources, as defined under 40 CFR 
70.2, is permanently exempt from title V permitting requirements for 
that operation:
    (i) Any decorative chromium electroplating operation or chromium 
anodizing operation that uses fume suppressants as an emission 
reduction technology; and
    (ii) Any decorative chromium electroplating operation that uses a 
trivalent chromium bath that incorporates a wetting agent as a bath 
ingredient.
    (2) An owner or operator of any other affected source subject to 
the provisions of this subpart is subject to title V permitting 
requirements. These affected sources, if not major or located at major 
sources as defined under 40 CFR 70.2, may be deferred by the applicable 
title V permitting authority from title V permitting requirements for 5 
years after the date on which the EPA first approves a part 70 program 
(i.e., until December 9, 1999). All sources receiving deferrals shall 
submit title V permit applications within 12 months of such date (by 
December 9, 2000). All sources receiving deferrals still must meet the 
compliance schedule as stated in section 63.343.
    3. Section 63.342 is amended by revising the first sentence of 
paragraph (c)(2)(i)(B) and introductory text of paragraph (f)(3)(i) to 
read as follows:


Sec. 63.342  Standards.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (B) By accepting a Federally-enforceable limit on the maximum 
cumulative potential rectifier capacity of a hard chromium 
electroplating facility and by maintaining monthly records in 
accordance with Sec. 63.346(b)(12) to demonstrate that the limit has 
not been exceeded. * * *
* * * * *
    (f) * * *
    (3) * * *
    (i) The owner or operator of an affected source subject to the work 
practices of paragraph (f) of this section shall prepare an operation 
and maintenance plan to be implemented no later than the compliance 
date. The plan shall be incorporated by reference into the source's 
title V permit, if and when a title V permit is required. The plan 
shall include the following elements:
* * * * *


Sec. 63.344  [Amended]

    4. In Sec. 63.344, paragraphs (e)(3)(v) and (e)(4)(iv) are amended 
by revising the word ``less'' to read ``more.'' 

[[Page 64006]]

    5. Section 63.347 is amended by revising the introductory text in 
paragraph (e)(2) and paragraph (f)(1) to read as follows:


Sec. 63.347  Reporting requirements.

* * * * *
    (e) * * *
    (2) If the State in which the source is located has not been 
delegated the authority to implement the rule, each time a notification 
of compliance status is required under this part, the owner or operator 
of an affected source shall submit to the Administrator a notification 
of compliance status, signed by the responsible official (as defined in 
Sec. 63.2) who shall certify its accuracy, attesting to whether the 
affected source has complied with this subpart. If the State has been 
delegated the authority, the notification of compliance status shall be 
submitted to the appropriate authority. The notification shall list for 
each affected source:
* * * * *
    (f) * * *
    (1) If the State in which the source is located has not been 
delegated the authority to implement the rule, the owner or operator of 
an affected source shall report to the Administrator the results of any 
performance test conducted as required by Sec. 63.7 or Sec. 63.343(b). 
If the State has been delegated the authority, the owner or operator of 
an affected source should report performance test results to the 
appropriate authority.
* * * * *
    6. Table 1 to subpart N of Part 63 is amended by revising the entry 
for ``63.5(a)'' to read as follows:

                 Table 1 to Subpart N of Part 63--General Provisions Applicability to Subpart N                 
----------------------------------------------------------------------------------------------------------------
      General provisions reference            Applies to subpart N                      Comment                 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
63.5(a).................................  Yes........................  Except replace the term ``source'' and   
                                                                        ``stationary source'' in Sec.  63.5(a)  
                                                                        (1) and (2) of subpart A with ``affected
                                                                        sources.''                              
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

Subpart O--[Amended]

    7. Section 63.360 is amended by revising paragraph (f) to read as 
follows:


Sec. 63.360  Applicability.

* * * * *
    (f) The owner or operator of a source, subject to the provisions of 
the title 40, chapter I, part 63 subpart O, using 1 ton (see 
definition) is subject to title V permitting requirements. These 
affected sources, if not major or located at major sources as defined 
under 40 CFR 70.2, may be deferred by the applicable title V permitting 
authority from title V permitting requirements for 5 years after the 
date on which the EPA first approves a part 70 program (i.e., until 
December 9, 1999). All sources receiving deferrals shall submit title V 
permit applications within 12 months of such date (by December 9, 
2000). All sources receiving deferrals still must meet compliance 
schedule as stated in this Sec. 63.360.
* * * * *

Subpart M--[Amended]

    8. Section 63.320 is amended by adding paragraph (k) to read as 
follows:


Sec. 63.320  Applicability.

* * * * *
    (k) The owner or operator of any source subject to the provisions 
of this subpart M is subject to title V permitting requirements. These 
affected sources, if not major or located at major sources as defined 
under 40 CFR 70.2, may be deferred by the applicable title V permitting 
authority from title V permitting requirements for 5 years after the 
date on which the EPA first approves a part 70 program (i.e., until 
December 9, 1999). All sources receiving deferrals shall submit title V 
permit applications within 12 months of such date (by December 9, 
2000). All sources receiving deferrals still must meet compliance 
schedule as stated in this Sec. 63.320.

Subpart X--[Amended]

    9. Section 63.541 is amended by adding paragraph (c) to read as 
follows:


Sec. 63.541  Applicability.

* * * * *
    (c) The owner or operator of any source subject to the provisions 
of the title 40, chapter I, part 63 subpart X is required to obtain a 
title V permit from the applicable permitting authority in which the 
affected source is located.

[FR Doc. 95-30260 Filed 12-12-95; 8:45 am]
BILLING CODE 6560-50-P