[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]
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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.
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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