[Federal Register Volume 64, Number 159 (Wednesday, August 18, 1999)]
[Proposed Rules]
[Pages 45116-45120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20862]



[[Page 45115]]

_______________________________________________________________________

Part VIII





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 63



Title V Operating Permit Deferrals for Area Sources: National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Chromium Emissions 
From Hard and Decorative Chromium Electroplating and Chromium Anodizing 
Tanks, Etc.; Proposed Rule

  Federal Register / Vol. 64, No. 159 / Wednesday, August 18, 1999 / 
Proposed Rules  

[[Page 45116]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6419-4]


Title V Operating Permit Deferrals for Area Sources: National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for Chromium 
Emissions From Hard and Decorative Chromium Electroplating and Chromium 
Anodizing Tanks; Ethylene Oxide Commercial Sterilization and Fumigation 
Operations; Perchloroethylene Dry Cleaning Facilities; Halogenated 
Solvent Cleaning Machines; and Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed amendments.

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SUMMARY: This action proposes to continue to allow permitting 
authorities the discretion to defer title V operating permitting 
requirements until December 9, 2004 for area sources of air pollution 
that are subject to five NESHAP for source categories. These amendments 
would continue to relieve industrial sources, State and local agencies, 
and the EPA Regional Offices of an undue regulatory burden during a 
time when available resources are needed to implement the title V 
permit program for major sources. Under the proposed amendments, 
sources must continue to meet all applicable requirements, including 
all applicable emission control, monitoring, recordkeeping, and 
reporting requirements established by the respective NESHAP.

DATES: Comments: We must receive comments on or before September 17, 
1999, unless anyone requests a public hearing by September 8, 1999. If 
anyone requests a hearing, we must receive written comments by October 
18, 1999.
    Public Hearing: We will hold a public hearing, if requested, to 
provide anyone an opportunity to present data, views, or arguments 
concerning the proposed amendments. If anyone contacts us requesting to 
speak at a public hearing by September 8, 1999, we will hold a public 
hearing on September 17, 1999, beginning at 9:30 a.m. If we hold a 
hearing, we will keep the dockets open for 30 days after the hearing 
for anyone to submit rebuttal or supplementary information as provided 
by section 307(d)(5) of the Clean Air Act (Act).
    Request To Speak at a Hearing: Anyone requesting to speak at a 
public hearing must contact EPA by September 8, 1999.

ADDRESSES: Comments: Send comments (in duplicate, if possible) to: Air 
and Radiation Docket and Information Center (MC-6102), Attention Docket 
No. A-88-11 (subpart M), or Attention Docket No. A-88-02 (subpart N), 
or Attention Docket No. A-88-03 (subpart O), or Attention Docket No. A-
92-39 (subpart T), or Attention Docket No. A-92-43 (subpart X), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460. Please send a separate copy to the contact person listed below 
in the FOR FURTHER INFORMATION CONTACT section. For information on 
submitting comments eletronically see the SUPPLEMENTARY INFORMATION 
section.
    Docket: The following dockets, containing supporting information 
for the original rulemakings, are available for public inspection 
between 8:00 a.m. and 5:30 p.m., Monday through Friday except for 
Federal holidays: Docket No. A-88-11, subpart M NESHAP; Docket No. A-
88-02, subpart N NESHAP; Docket No. A-88-03, subpart O NESHAP; Docket 
No. A-92-39, subpart T NESHAP; Docket No. A-92-43, subpart X NESHAP. 
These dockets are available for public inspection at the U.S. 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (MC-6102), 401 M Street SW, Washington, DC 20460, 
telephone (202) 260-7548, Room M-1500, Waterside Mall (ground floor). 
We may charge a reasonable fee for copying.
    Public Hearing: Anyone interested in attending the hearing should 
contact Dorothy Apple, (919) 541-4487, to verify that a hearing will 
occur.
    Request To Speak at a Hearing: Anyone requesting to speak at a 
public hearing must contact Dorothy Apple, Emission Standards Division 
(MD-13), U.S. Environmental Protection Agency, Research Triangle Park, 
NC 27711, telephone number (919) 541-4487.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Research 
Triangle Park, NC, 27711, telephone number (919) 541-5262, fax number 
(919) 541-0942, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Submitting Electronic Comments

    You may also comment on the proposal by electronic mail (e-mail) 
to: [email protected]. Send electronic comments as an 
ASCII file to avoid using special characters and any form of 
encryption. We will also accept comments and data disks in WordPerfect 
5.1 or 6.1 file format. Identify all comments and data in electronic 
form by the docket number. Don't send confidential business information 
(CBI) through electronic mail. You may file electronic comments on 
these proposed amendments online at many Federal Depository Libraries.

Technology Transfer Network

    The Technology Transfer Network (TTN) is a network of our 
electronic bulletin boards. The TTN provides information and technology 
exchange in various areas of air pollution control. You can access the 
TTN through the Internet at ``http://www.epa.gov/ttn/.'' If you need 
more information on the TTN, call the HELP line at (919) 541-5384.
    The preamble outline follows.

I. What types of facilities are potentially affected by these 
amendments?
II. What is the purpose of these amendments?
III. Why are we proposing to extend the deferral from permitting for 
area sources?
IV. What are the administrative requirements for these proposed 
amendments?
    A. Docket
    B. Executive Order 12866
    C. Executive Order 12875
    D. Executive Order 13084
    E. Unfunded Mandates Reform Act
    F. Regulatory Flexibility Act
    G. Paperwork Reduction Act
    H. Executive Order 13045
    I. National Technology Transfer and Advancement Act

I. What Types of Facilities Are Potentially Affected by These 
Amendments?

    The regulated categories and entities potentially affected by this 
action include:

----------------------------------------------------------------------------------------------------------------
                                     North American Industry
            Category               Classification System Codes     Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Industry........................  331492......................  Secondary lead smelters.
                                  332, 333, 334, 335, 336, 447  Halogenated solvent cleaning machines at
                                                                 fabricated metal product manufacturing
                                                                 facilities, machinery manufacturing facilities,
                                                                 computer and electronic product manufacturing
                                                                 facilities, electrical equipment, appliance,
                                                                 and component manufacturing facilities,
                                                                 transportation equipment manufacturing
                                                                 facilities, and gasoline stations.

[[Page 45117]]

 
                                  332, 333, 334, 335, 336.....  Chromium electroplating machines at fabricated
                                                                 metal product manufacturing facilities,
                                                                 machinery manufacturing facilities, computer
                                                                 and electronic product manufacturing
                                                                 facilities, electrical equipment, appliance,
                                                                 and component manufacturing facilities, and
                                                                 transportation equipment manufacturing
                                                                 facilities.
                                  8123........................  Dry cleaning and laundry facilities.
                                  3391........................  Ethylene oxide sterilizers at medical equipment
                                                                 and supplies manufacturing facilities.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers of the entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could be regulated by this action. Other types of entities not listed 
in this table could also be affected. To determine whether your 
facility, company, business organization, etc., is regulated by this 
action, you should carefully examine the applicability criteria in the 
following sections of title 40 of the Code of Federal Regulations:
     Sec. 63.320, perchloroethylene dry cleaning.
     Sec. 63.340, chromium electroplating.
     Sec. 63.360, ethylene oxide sterilizers.
     Sec. 63.460, halogenated solvent cleaners.
     Sec. 63.541, secondary lead smelters.

If you have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the ``For Further 
Information'' section.

II. What Is the Purpose of These Amendments?

    The purpose of these amendments is to extend the deadline for 
certain area sources to submit applications for title V operating 
permits. The Act requires sources subject to standards or regulations 
under section 112 to obtain title V operating permits, but allows us to 
exempt nonmajor sources from the requirement to obtain operating 
permits if we determine through rulemaking that compliance with such 
requirements is impracticable, infeasible, or unnecessarily burdensome 
on such categories. See section 502(a) of the Act. Under section 112 of 
the Act, such nonmajor sources are termed ``area sources.'' See CAA 
section 112(a)(2).1
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    \1\ Generally, an area source under section 112 is a source 
whose potential to emit air pollutants is below the levels that 
define a major source. A ``major source'' under section 112 is any 
source that emits or has the potential to emit at least 10 tons per 
year of an individual hazardous air pollutant (HAP) or at least 25 
tons per year of a combination of HAP (or such lesser quantity, or 
different criteria in the case of radionuclides, as established by 
the Administrator). You should consult section 112(a)(1) and (2) of 
the Act, and 40 CFR 63.2 to determine if you have a area source.
---------------------------------------------------------------------------

    When we issue standards or other requirements under section 112 of 
the Act, we determine whether to exempt any or all area sources from 
the requirement to obtain a title V permit at the time that the new 
standard is promulgated for a particular source category. See 40 CFR 
70.3(b)(2), 40 CFR 71.3(b)(2), and 63.1(c)(2). Our general provisions 
implementing section 112 provide that unless we explicitly exempt or 
defer area sources subject to a MACT standard from the permitting 
requirement, they must obtain operating permits. See 40 CFR 
63.1(c)(2)(iii).
    Since the Act allows an exemption from the permitting requirements, 
we interpret it to allow a temporary exemption (i.e., a deferral) of 
those requirements. We previously allowed permitting authorities to 
defer permitting for area sources subject to five NESHAP (59 FR 61801, 
December 2, 1994; 60 FR 29484, June 5, 1995; 61 FR 27785, June 3, 1996, 
and 64 FR 4570, January 29, 1999).2 Those provisions will 
expire December 9, 1999. The source categories for which we deferred 
title V operating permit requirements for area sources were: hard and 
decorative chromium electroplating and chromium anodizing tanks, 
ethylene oxide commercial sterilization and fumigation operations, 
perchloroethylene dry cleaning facilities, secondary lead smelting 
facilities, and halogenated solvent cleaning machines. As we approach 
this December 9, 1999 expiration date, the conditions prompting the 
allowance for previous deferrals have not changed. We are, therefore, 
proposing to extend the deferral provisions for the NESHAP for an 
additional 5 years.
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    \2\ In this rulemaking, we continue to rely upon the rationale 
provided in the prior rulemakings, in addition to the rationale 
discussed in today's action, and in the action extending the 
deferral for halogenated solvent cleaning machines to part 71 (64 FR 
37683; July 13, 1999).
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    The proposed amendments have been written in ``plain language,'' as 
directed in President Clinton's June 1, 1998, Executive Memorandum on 
Plain Language in Government Writing. While we believe the proposed 
language improves the understandability of the current language, the 
intent and meaning of the text is unchanged.

III. Why Are We Proposing To Extend the Deferral From Permitting 
for Area Sources?

    On December 13, 1995 (60 FR 64002), we proposed to allow title V 
permitting authorities to defer the requirement for obtaining title V 
operating permits for area sources in several source categories for 
which standards were promulgated under 40 CFR part 63. We finalized 
that proposal on June 3, 1996 (61 FR 27785). A deferral from the 
requirement to obtain a part 70 operating permit for halogenated 
solvent cleaners at area sources was promulgated on December 2, 1994 
(59 FR 61805), and amended June 5, 1995 (60 FR 29484).
    At the time we established the June 3, 1996, deferral option, we 
stated we would decide whether to adopt permanent exemptions by the 
time the allowed deferrals expired. We also stated that during the 
deferral period we would continue to evaluate the permitting 
authorities' implementation and enforcement of the standards for area 
sources not covered by title V permits, the likely benefit of 
permitting such sources, and the costs and other burdens on such 
sources associated with obtaining a title V permit. However, we do not 
yet have sufficient information to determine whether permit exemptions 
are warranted for most area sources and are continuing to evaluate the 
above-noted considerations. Thus, we are not yet prepared to make 
decisions that either permanently relieve these area sources from title 
V, or that allow them to become immediately subject to the permitting 
requirement. In light of this, we believe the most reasonable approach 
is to extend the status quo (i.e., defer the title V permitting 
requirements), rather than to ``decide'' by default through letting the 
current deferral expire this December.
    Many permitting authorities are having difficulty issuing permits 
even to major sources, and some agencies have initially underestimated 
the resources

[[Page 45118]]

necessary to prepare large and complex permits for many major sources. 
If we discontinue the title V permit deferral for the tens of thousands 
of area sources subject to the five NESHAP that are the subject of 
these proposed amendments, owners and operators of such area sources 
would require assistance from the permitting staff at permitting 
agencies due to their relative lack of technical and legal expertise, 
resources, and experience in dealing with environmental regulation. 
Since many of these owners or operators have little or no permitting 
expertise, a substantial amount of permitting authority staff time 
would be needed to provide the administrative and technical support to 
owners and operators of area sources to prepare and submit permit 
applications. As noted above, this staff time would scarcely be 
available, which in turn would cause many area sources to be unable to 
obtain technical and procedural assistance to help them file timely and 
complete applications, unless they have paid consultants to prepare 
applications for them. This scenario would constitute an impracticable, 
infeasible and unnecessary burden on these area sources, most of which 
are small businesses, especially considering that by definition they 
emit less than majors. This would also compound the difficulties 
permitting authorities are currently having in processing and timely 
issuing initial title V permits to major sources under their developing 
title V programs. Similarly, EPA regions are just beginning to permit 
major sources in Indian country and would find it administratively very 
difficult to focus on area sources at the same time. The net result is 
a basic impracticability for these area sources and permitting 
authorities to develop and process title V operating permits in the 
near future.
    We believe that it is reasonable and fair to allow permitting 
authorities to defer title V permitting for area sources for an 
additional five years, since this would allow deferral for one more 
cycle of permitting. Title V permits have not been issued for many 
major sources, and permitting resources are currently directed to 
completing those. We anticipate another 5-year term of permit issuance 
should fully complete the outstanding initial permitting of major 
sources and other subject sources such as solid waste incineration 
units. By that time, we anticipate that permitting authorities' 
resources may be more available to aid area sources in developing 
permit applications. But in order to allow permitting authorities to 
continue to be able to focus on the critical and immediate task of 
issuing permits to major sources, the most feasible remedy is to allow 
permitting authorities to defer permitting of these area sources for an 
additional five-year permit cycle.
    In sum, and as described in prior rulemakings granting the deferral 
option, requiring area sources subject to the NESHAP that are the 
subject of this rulemaking to obtain title V permits at this time would 
constitute an impracticable, infeasible and unnecessary burden on these 
area sources and would be an additional burden on the permitting 
agencies.
    We note that this deferral is an option at the permitting 
authority's discretion under part 70 permit programs and not an 
automatic deferral that the source can invoke. Some permitting 
authorities may decide that area sources in one or more of the above-
mentioned source categories warrant permitting, or they have in place a 
streamlined permitting mechanism for area sources that minimizes the 
burden both on the authority and the source, e.g., a general permit 
(see Secs. 70.6(d) and 71.6(d)). In areas where no part 70 program has 
been approved, and part 71 permitting is administered by EPA, we 
propose deferral for these area sources until December 9, 2004.

IV. What Are the Administrative Requirements for These Proposed 
Amendments?

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of these proposed amendments. 
The docket is a dynamic file, because material is added throughout the 
rulemaking development. The docketing system is intended to allow 
members of the public and industries involved to readily identify and 
locate documents so that they can effectively participate in the 
rulemaking process. Along with the proposed and promulgated standards 
and their preambles, the contents of the docket will serve as the 
record in the case of judicial review. (See section 307(d)(7)(A) of the 
Act.)

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735; October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management (OMB) review and the 
requirements of the Executive Order. The Executive 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.
    It has been determined that these proposed amendments do not 
qualify as a ``significant regulatory action'' under the terms of 
Executive Order 12866 and, therefore, are not subject to review by OMB.

C. Executive Order 12875

    Under Executive Order 12875, the EPA may not issue a regulation 
that is not required by statute and that creates a mandate upon a 
State, local, or tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments, or EPA consults with those governments. 
If EPA complies by consulting, Executive Order 12875 requires EPA to 
provide to OMB a description of the extent of EPA's prior consultation 
with representatives of affected State, local, and tribal governments, 
the nature of their concerns, copies of any written communications from 
the governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's proposed amendments do not create a mandate on State, 
local, or tribal governments. These proposed amendments do not impose 
any enforceable duties on these entities. Accordingly, the requirements 
of section 1(a) of Executive Order 12875 do not apply to these proposed 
amendments.

D. Executive Order 13084

    Under Executive Order 13084, the EPA may not issue a regulation 
that is

[[Page 45119]]

not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires the EPA to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    These proposed amendments do not alter the control standards 
imposed by part 63, subparts M, N, O, T, and X, for any source, 
including any that may affect communities of the Indian tribal 
governments. Under the proposed amendments, sources must continue to 
meet all applicable requirements, including all applicable emission 
control, monitoring, recordkeeping, and reporting requirements 
established by the respective NESHAP. Hence, today's proposed 
amendments do not significantly or uniquely affect the communities of 
Indian tribal governments. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply to these proposed 
amendments.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that these proposed amendments do not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in aggregate, 
or the private sector in any 1 year, nor do they significantly or 
uniquely impact small governments, because they contain no requirements 
that apply to such governments or impose obligations upon them. Thus, 
today's proposed amendments are not subject to the requirements of 
section 202 and 205 of the UMRA.

F. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
business, small not-for-profit enterprises, and small governmental 
jurisdictions. These proposed amendments would not have a significant 
impact on a substantial number of small entities, because they impose 
no additional regulatory requirements on owners or operators of 
affected sources and would relieve owners or operators of such sources 
of regulatory requirements that may otherwise apply if this action is 
not taken. Therefore, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.

G. Paperwork Reduction Act

    These proposed amendments do not require the collection of any 
information. Therefore, the requirements of the Paperwork Reduction Act 
do not apply.

H. Executive Order 13045

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that the EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. These proposed amendments 
are not subject to Executive Order 13045 because they do not establish 
an environmental standard intended to mitigate health or safety risks.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA) directs all Federal agencies to use voluntary 
consensus standards instead of government-unique standards in their 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., material specifications, test methods, 
sampling and analytical procedures, business practices, etc.) that are 
developed or adopted by one or more voluntary consensus standards 
bodies. Examples of organizations generally regarded as voluntary 
consensus standards bodies include the American Society for Testing and 
Materials (ASTM), the National Fire Protection Association (NFPA), and 
the Society of Automotive Engineers (SAE). The NTTAA requires Federal 
agencies like EPA to provide Congress, through OMB, with explanations 
when an agency

[[Page 45120]]

decides not to use available and applicable voluntary consensus 
standards.
    These proposed amendments do not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: August 6, 1999.
Carol M. Browner,
Administrator.

    For the reasons cited in the preamble, the Environmental Protection 
Agency proposes to amend 40 CFR part 63 as follows:

PART 63--[AMENDED]

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

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

Subpart M--[Amended]

    2. Section 63.320 is amended by revising paragraph (k) to read as 
follows:


Sec. 63.320  Applicability.

* * * * *
    (k) If you are the owner or operator of a source subject to the 
provisions of this subpart, you are also subject to title V permitting 
requirements under 40 CFR part 70 or part 71, as applicable. Your title 
V permitting authority may defer your source from these permitting 
requirements until December 9, 2004, if your source is not a major 
source and is not located at a major source as defined under 40 CFR 
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V 
permit. If you receive a deferral under this section, you must submit a 
title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to area sources, 
even if you receive a deferral from title V permitting requirements.

Subpart N--[Amended]

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


Sec. 63.340  Applicability and designation of sources.

* * * * *
    (e) * * *
    (2) If you are the owner or operator of a source subject to the 
provisions of this subpart, you are also subject to title V permitting 
requirements under 40 CFR part 70 or part 71, as applicable. Your title 
V permitting authority may defer your source from these permitting 
requirements until December 9, 2004, if your source is not a major 
source and is not located at a major source as defined under 40 CFR 
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V 
permit. If you receive a deferral under this section, you must submit a 
title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to area sources, 
even if you receive a deferral from title V permitting requirements.

Subpart O--[Amended]

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


Sec. 63.360  Applicability.

* * * * *
    (f) If you are the owner or operator of a source subject to the 
provisions of this subpart, you are also subject to title V permitting 
requirements under 40 CFR part 70 or part 71, as applicable. Your title 
V permitting authority may defer your source from these permitting 
requirements until December 9, 2004, if your source is not a major 
source and is not located at a major source as defined under 40 CFR 
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V 
permit. If you receive a deferral under this section, you must submit a 
title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to area sources, 
even if you receive a deferral from title V permitting requirements.
* * * * *

Subpart T--[Amended]

    5. Section 63.468 is amended by revising paragraph (j) to read as 
follows:


Sec. 63.468  Reporting requirements.

* * * * *
    (j) The Administrator has determined, pursuant to section 502(a) of 
the Act, that if you are an owner or operator of any batch cold solvent 
cleaning machine that is not a major source and is not located at a 
major source, as defined under 40 CFR 63.2, 70.2, or 71.2, you are 
exempt from title V permitting requirements under 40 CFR part 70 or 
part 71, as applicable, for that source, provided you are not otherwise 
required to obtain a title V permit. If you own or operate any other 
solvent cleaning machine subject to the provisions of this subpart, you 
are also subject to title V permitting requirements. Your title V 
permitting authority may defer your source from these permitting 
requirements until December 9, 2004, if your source is not a major 
source and is not located at a major source as defined under 40 CFR 
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V 
permit. If you receive a deferral under this section, you must submit a 
title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to area sources, 
even if you receive a deferral from title V permitting requirements.
* * * * *

Subpart X--[Amended]

    6. Section 63.541 is amended by revising paragraph (c) to read as 
follows:


Sec. 63.541  Applicability.

* * * * *
    (c) If you are the owner or operator of a source subject to the 
provisions of this subpart, you are also subject to title V permitting 
requirements under 40 CFR part 70 or part 71, as applicable. Your title 
V permitting authority may defer your source from these permitting 
requirements until December 9, 2004, if your source is not a major 
source and is not located at a major source as defined under 40 CFR 
63.2, 70.2, or 71.2, and is not otherwise required to obtain a title V 
permit. If you receive a deferral under this section, you must submit a 
title V permit application by December 9, 2005. You must continue to 
comply with the provisions of this subpart applicable to area sources, 
even if you receive a deferral from title V permitting requirements.

[FR Doc. 99-20862 Filed 8-17-99; 8:45 am]
BILLING CODE 6560-50-P