[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Rules and Regulations]
[Pages 50116-50124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24202]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[DE001-1001; FRL-7056-7]


Approval of Section 112(l) Authority for Hazardous Air 
Pollutants; State of Delaware; Department of Natural Resources and 
Environmental Control

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve the Delaware 
Department of Natural Resources and Environmental Control's (DNREC's) 
request to implement and enforce its hazardous air pollutant general 
provisions and hazardous air pollutant emission standards for 
perchloroethylene dry cleaning facilities, hard and decorative chromium 
electroplating and chromium anodizing tanks, and industrial process 
cooling towers in place of similar Federal requirements set forth in 
the Code of Federal Regulations. This approval includes granting 
authority to DNREC to implement and enforce any future amendments to 
these provisions and standards that EPA promulgates and DNREC adopts 
unchanged into its regulations. EPA is not waiving its notification and 
reporting requirements under this approval; therefore, sources will 
need to send notifications and reports to both DNREC and EPA. EPA is 
taking this action in accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective December 3, 2001 unless 
EPA receives adverse or critical comments by November 1, 2001. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the rule in the Federal Register and inform the public that the rule 
will not take effect. The incorporation by reference of certain 
publications listed in the regulations is approved by the Director of 
the Federal Register as of December 3, 2001.

ADDRESSES: Written comments on this action should be sent concurrently 
to: Makeba A. Morris, Chief, Permits and Technical Assessment Branch, 
Mail Code 3AP11, Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029 and 
Robert Taggart, Delaware Department of Natural Resources and 
Environmental Control, Division of Air and Waste Management, 715 
Grantham Lane, New Castle, DE 19720. Copies of the documents relevant 
to this action are available for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103; the Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460; and the Delaware Department of Natural Resources 
& Environmental Control, Division of Air and Waste Management, 715 
Grantham Lane, New Castle, DE 19720.

FOR FURTHER INFORMATION CONTACT: Dianne J. McNally, U.S. Environmental 
Protection Agency, Region 3, 1650 Arch Street (3AP11), Philadelphia, PA 
19103-2029, [email protected] (telephone 215-814-3297).

SUPPLEMENTARY INFORMATION:

I. Background

    The Environmental Protection Agency (EPA) promulgated the General 
Provisions for the National Emission Standards for Hazardous Air 
Pollutants (NESHAPs) on March 16, 1994 (59 FR 12430) and subsequently 
amended these regulations on April 22, 1994 (59 FR 19453), December 6, 
1994 (59 FR 62589), January 25, 1995 (60 FR 4963), June 27, 1995 (60 FR 
33122), September 1, 1995 (60 FR 45980), May 21, 1996 (61 FR 25399), 
December 17, 1996 (61 FR

[[Page 50117]]

66227), December 10, 1997 (62 FR 65024), May 4, 1998 (63 FR 24444), May 
13, 1998 (63 FR 26465), September 21, 1998 (63 FR 50326), October 7, 
1998 (63 FR 53996), December 1, 1998 (63 FR 66061), January 28, 1999 
(64 FR 4300), February 12, 1999 (64 FR 7467), April 12, 1999 (64 FR 
17562) and June 10, 1999 (64 FR 31375).
    The General Provisions, located in 40 CFR part 63, subpart A, 
codify general procedures and criteria to implement the emission 
standards located in 40 CFR part 63 for sources of hazardous air 
pollutants. The amendments made by EPA after September 21, 1998 were 
not codified into the July 1, 1998 version of 40 CFR part 63, subpart A 
which DNREC used in developing its regulation (see section II. and III. 
of this rulemaking). These amendments include the incorporation by 
reference of test methods and other material cited in the 
pharmaceuticals production emission standard (40 CFR part 63, subpart 
GGG), the flexible polyurethane foam production emission standard (40 
CFR part 63, subpart III), the phosphoric acid manufacturing and 
phosphate fertilizers production plant emission standards (40 CFR part 
63, subparts AA and BB) and the pulp and paper industry emission 
standard (40 CFR part 63, subpart S), as well as information related to 
the approval of California's drycleaner regulation and the delegation 
of emission standards to the State of Washington. These amendments also 
include changes to 40 CFR 63.8 through 63.10 to allow for reduced 
monitoring, notification, recordkeeping and reporting requirements for 
owners or operators using continuous emission monitoring systems 
(CEMS).
    EPA promulgated the NESHAP for perchloroethylene dry cleaning 
facilities on September 22, 1993 (58 FR 49354) and subsequently amended 
this regulation on June 3, 1996 (61 FR 27785), May 21, 1996 (61 FR 
25397) and December 14, 1999 (64 FR 69637). This regulation is located 
in 40 CFR part 63, subpart M.
    EPA promulgated the NESHAP for chromium emissions from hard and 
decorative chromium electroplating and chromium anodizing tanks on 
January 25, 1995 (60 FR 4948) and subsequently amended this regulation 
on June 27, 1995 (60 FR 33122), June 3, 1996 (61 FR 27785), August 11, 
1997 (62 FR 42918), and December 14, 1999 (64 FR 69637). This 
regulation is located in 40 CFR part 63, subpart N.
    EPA promulgated the NESHAP for industrial cooling towers on 
September 8, 1994 (59 FR 46339). This regulation is located in 40 CFR 
part 63, subpart Q.
    Section 112(l) of the CAA and 40 CFR 63.91 and 63.92 authorize EPA 
to approve of State rules and programs to be implemented and enforced 
in place of certain CAA requirements, including the NESHAP requirements 
in 40 CFR part 63. EPA promulgated the program approval regulations on 
November 26, 1993 (58 FR 62262) and subsequently amended these 
regulations on September 14, 2000 (65 FR 55810). An approvable State 
program must contain, among other criteria, the following elements:
    (a) A demonstration of the state's authority and resources to 
implement and enforce regulations that are at least as stringent as the 
NESHAP requirements;
    (b) A schedule demonstrating expeditious implementation of the 
regulation; and
    (c) A plan that assures expeditious compliance by all sources 
subject to the regulation.
    On March 6, 2000, DNREC requested EPA's approval of its hazardous 
air pollutant general provisions and hazardous air pollutant emission 
standards for perchloroethylene dry cleaning facilities, hard and 
decorative chromium electroplating and chromium anodizing tanks, and 
industrial process cooling towers to be implemented and enforced in 
place of 40 CFR part 63, subparts A, M, N and Q, respectively. On 
September 22, 2000, DNREC provided supplemental information for its 
request.

II. DNREC's Regulations

A. Hazardous Air Pollutant General Provisions

    In 1998, DNREC adopted, with changes, the provisions of Secs. 63.1 
through 63.15 of 40 CFR part 63, subpart A, dated July 1, 1997. The 
DNREC's rule was established as subpart A in Regulation No. 38 of the 
State of Delaware's ``Regulations Governing the Control of Air 
Pollution.'' Regulation No. 38 is entitled ``Emission Standards for 
Hazardous Air Pollutants for Source Categories.'' In 1999, DNREC 
amended this regulation to conform to several amendments that EPA made 
to Secs. 63.11 and 63.14 of its regulation and codified in 40 CFR part 
63, subpart A, dated July 1, 1998. The DNREC's regulation became 
effective on September 11, 1999. In summary, DNREC made the following 
changes from the Federal regulation:
    (1) Added a definition for ``Department,'' meaning ``the Department 
of Natural Resources and Environmental Control, as defined in Title 29, 
Delaware Code, Chapter 80, as amended'';
    (2) Redefined ``permitting authority'' to mean ``Department'';
    (3) Removed the reference to the State in the definition of 
``Administrator'';
    (4) Replaced the terms ``Administrator,'' ``Administrator or by a 
State with an approved permit program,'' ``Administrator (or a State 
with an approved permit program),'' ``Administrator (or the State with 
an approved permit program),'' ``Administrator (or a State)'' and 
``Administrator (or the State)'' with ``Department'' or ``Administrator 
or Department,'' where appropriate;
    (5) Replaced references to the Federal title V permit program and 
approval dates with Delaware's title V state operating permit program 
under Regulation 30 of the State of Delaware ``Regulations Governing 
the Control of Air Pollution'' and its interim approval date, January 
3, 1996;
    (6) Replaced Federal language with language more appropriate for a 
State rule by including references to DNREC's permit programs under 
Regulation 2, 25, and 30, removing references to ``in all States,'' 
``in that State'' and ``a State'' throughout the text, and defining 
``Act'' as the Federal Clean Air Act, dated November 15, 1990;
    (7) Modified the Federal language to require that the owner or 
operator refrain from conducting a performance test or a performance 
evaluation which uses an alternative test method or alternative 
monitoring method, approved by the Administrator, until after the 
Department has approved of the site-specific test plan or performance 
evaluation plan;
    (8) Modified the Federal language to allow an extension of up to 60 
calendar days after approval of the site-specific test plan or 
performance evaluation plan to conduct the performance test or 
performance evaluation if the site-specific test plan or performance 
evaluation plan is not approved by the Department within 30 days before 
the test or evaluation is scheduled to begin;
    (9) Modified the Federal language to state that the Administrator's 
determination of an adequate validation of an alternative test method 
will occur upon approval of the use of the alternative test method;
    (10) Required copies of requests for alternative monitoring 
methods, petitions for relative accuracy test substitutions, petitions 
for adjustments to opacity emission standards, and proposed test plans 
or results of testing or monitoring required for approval of 
alternative nonopacity emission standards to be submitted to both the 
Administrator and the Department;

[[Page 50118]]

    (11) Modified the Federal language to note that owners or operators 
subject to this regulation may also be required to not only obtain a 
permit, but also revise or amend such permit;
    (12) Removed the sentence referencing sources subject to 40 CFR 
part 60 or part 61 in the definition of affected source;
    (13) Included a reference to Secs. 63.5(b)(3) in 63.5(b)(4);
    (14) Included references to DNREC's enforcement authority under 7 
Del. C., Chapter 60, DNREC's monitoring, recordkeeping and reporting 
authority under Regulation 17 of the State of Delaware ``Regulations 
Governing the Control of Air Pollutants,'' and DNREC's confidentiality 
authority under 7 Del. C., Chapter 60 and 29 Del. C. , Chapter 100, 
Section 10002(d), where appropriate;
    (15) Modified the Federal language so that sources that intend to 
reconstruct an area source such that the source becomes a major 
affected source must obtain prior written approval and are subject to 
the same notification requirements as major sources intending to 
reconstruct; and
    (16) Replaced the requirement to keep the record of an 
applicability determination for a period of 5 years to a period of the 
life of the source.
    As stated in section I. of this rulemaking, DNREC's regulation was 
adopted prior to the changes that EPA made to its regulation on and 
after September 21, 1998. These changes, therefore, are not included in 
the Delaware regulation. These changes, described in section I. of this 
rulemaking, do not impact the stringency of DNREC's regulation and, 
thus, do not alter EPA's decision to approve of DNREC's rules (see 
EPA's analysis in section III. of this rulemaking).

B. DNREC's Hazardous Air Pollutant Emission Standard for 
Perchloroethylene Dry Cleaning Facilities

    In 1999, DNREC adopted, with changes, the provisions of 
Secs. 63.320 through 63.325 of 40 CFR part 63, subpart M. The DNREC's 
rule was established as subpart M in Regulation No. 38 of the State of 
Delaware's ``Regulations Governing the Control of Air Pollution.'' 
Regulation No. 38 is entitled ``Emission Standards for Hazardous Air 
Pollutants for Source Categories.'' In 2000, DNREC amended this 
regulation to conform with an amendment that EPA made to Sec. 63.320 of 
its regulation. The DNREC's amended regulation became effective on 
October 11, 2000. In summary, DNREC made the following changes from the 
Federal regulation:
    (1) Added a definition for ``Department,'' meaning ``the Department 
of Natural Resources and Environmental Control, as defined in Title 29, 
Delaware Code, Chapter 80, as amended'';
    (2) Removed the reference to the State in the definition of 
``Administrator'';
    (3) Replaced the terms ``Administrator,'' ``applicable title V 
permitting authority,'' and ``Administrator or delegated State 
authority'' with ``Department,'' where appropriate;
    (4) Replaced references to the Federal title V permit program with 
Delaware's title V state operating permit program under Regulation 30 
of the State of Delaware ``Regulations Governing the Control of Air 
Pollution'';
    (5) Replaced the Federal regulation's compliance dates with the 
original effective date of the state regulation, June 30, 1999;
    (6) Specified the date of the expiration of the title V permit 
deferral for area sources as December 9, 2004 and the date by which 
these sources must submit their title V permit applications as December 
9, 2005;
    (7) Required copies of requests for use of equivalent emission 
control technology to be submitted to both the Administrator and the 
Department;
    (8) Removed redundant references in the applicability section of 
the rule, 40 CFR 63.320(c);
    (9) Added work practice (pollution prevention), notification, 
recordkeeping and reporting requirements for coin-operated dry cleaning 
machines;
    (10) Added title V permitting requirements for coin-operated 
drycleaning machines located at an affected major source;
    (11) Added requirements for dry cleaning facilities that have 
existing dry-to-dry machines only or both existing dry-to-dry machines 
and transfer machines and that consume less than 530 liters (140 
gallons) of perchloroethylene per year to repair leaks within 24 hours 
of discovery;
    (12) Added requirements for dry cleaning facilities that have 
transfer machines only and that consume less than 760 liters (200 
gallons) of perchloroethylene per year to repair leaks within 24 hours 
of discovery;
    (13) Added requirements for sources using carbon adsorbers on room 
enclosures to measure the perchloroethylene concentration in the 
exhaust at least weekly;
    (14) Redefined ``diverter valve'' to mean both a ``flow control 
device'' and ``flow control devices'';
    (15) Added requirements for dry cleaning facilities that have 
existing dry-to-dry machines only or both existing dry-to-dry machines 
and transfer machines to notify the Department if the perchloroethylene 
consumption meets or exceeds 530 liters (140 gallons) in any 12 month 
period;
    (16) Added requirements for dry cleaning facilities that have 
transfer machines only to notify to notify the Department if the 
perchloroethylene consumption meets or exceeds 760 liters (200 gallons) 
in any 12 month period; and
    (17) Added a review procedure for the Department to follow in the 
event that any dry cleaning facility exceeds its annual 
perchloroethylene consumption rates, as established in the 
applicability section of the regulation, potentially requiring that 
facility to adhere to more stringent control requirements.

C. DNREC's Hazardous Air Pollutant Emission Standards for Hard and 
Decorative Chromium Electroplating and Chromium Anodizing Tanks

    In 1999, DNREC adopted, with changes, the provisions of 
Secs. 63.340 through 63.347 of 40 CFR part 63, subpart N. The DNREC's 
rule was established as subpart N in Regulation No. 38 of the State of 
Delaware's ``Regulations Governing the Control of Air Pollution.'' 
Regulation No. 38 is entitled ``Emission Standards for Hazardous Air 
Pollutants for Source Categories.'' In 2000, DNREC amended this 
regulation to conform with an amendment that EPA made to 40 CFR 63.340 
of its regulation. The DNREC's amended regulation became effective on 
October 11, 2000. In summary, DNREC made the following changes from the 
Federal regulation:
    (1) Replaced the terms ``Administrator'' and ``applicable title V 
permitting authority'' with ``Department,'' where appropriate;
    (2) Replaced references to the Federal title V permit program with 
Delaware's title V state operating permit program under Regulation 30 
of the State of Delaware ``Regulations Governing the Control of Air 
Pollution'' and its minor new source construction and modification 
permitting program under Regulation 2 of the State of Delaware 
``Regulations Governing the Control of Air Pollution,'' where 
appropriate;
    (3) Replaced the Federal regulation's compliance dates with the 
original effective date of the state regulation, September 11, 1999 and 
remove irrelevant or expired compliance dates, where appropriate;
    (4) Specified the date of the expiration of the title V permit 
deferral for area

[[Page 50119]]

sources as December 9, 2004 and the date by which these sources must 
submit their title V permit application as December 9, 2005;
    (5) Changed the term ``part'' in the Federal rule to ``regulation'' 
when referring to subpart A (General Provisions) of 40 CFR part 63;
    (6) Changed ``Table 1 to Sec. 63.432'' to ``Table 342-1 to Sec. 
63.342'' and changed ``Table 1 to subpart N of part 63'' to ``Table 1 
of subpart N of Regulation 38'';
    (7) Removed references to operations in California;
    (8) Required copies of proposed work practice standards, 
alternative air pollution device descriptions, notifications of 
compliance status and performance test results to be submitted to both 
the Administrator and the Department;
    (9) Removed irrelevant language pertaining to compliance extension 
requests in both the text of the rule and Table 342-1, which refers to 
applicable sections of the General Provisions;
    (10) Referenced the test methods of 40 CFR part 63, appendix A, 
where appropriate;
    (11) Clarified language to require an owner or operator of an area 
source who constructs or reconstructs a new source to submit a 
notification to the Department and for an owner or operator of a major 
source who constructs or reconstructs a new source to submit an 
application for approval of construction or reconstruction to the 
Department and, if appropriate, an application under Delaware's 
Regulation 2; and
    (12) Added minor clarifying language and corrected typographical 
errors, where appropriate.

D. DNREC's Hazardous Air Pollutant Emission Standards for Industrial 
Process Cooling Towers

    In 1999, DNREC adopted, with changes, the provisions of 
Secs. 63.400 through 63.406 of 40 CFR part 63, subpart Q. The DNREC's 
rule was established as subpart Q in Regulation No. 38 of the State of 
Delaware's ``Regulations Governing the Control of Air Pollution.'' 
Regulation No. 38 is entitled ``Emission Standards for Hazardous Air 
Pollutants for Source Categories.'' The DNREC's regulation became 
effective on May 11, 1998. In summary, DNREC made the following changes 
from the Federal regulation:
    (1) Replaced the term ``Administrator'' with ``Department'' and 
removed references to ``delegated authority,'' where appropriate;
    (2) Replaced references to the Federal title V permit program with 
Delaware's title V state operating permit program under Regulation 30 
of the State of Delaware ``Regulations Governing the Control of Air 
Pollution';
    (3) Replaced the Federal regulation's compliance dates with the 
original effective date of the state regulation, May 11, 1998; and
    (4) Included references to DNREC's analysis and data collection 
authority under Regulation 17 of the State of Delaware ``Regulations 
Governing the Control of Air Pollutants.''

III. EPA's Analysis of DNREC's Submittal and Regulations

    Based upon DNREC's program approval request and its pertinent laws 
and regulations, EPA has determined that such an approval is 
appropriate in that DNREC has satisfied the criteria of 40 CFR 63.91 
and 63.92. In accordance with 40 CFR 63.91(d)(3)(i), DNREC submitted a 
written finding by the State Attorney General which demonstrates that 
the State has the necessary legal authority to implement and enforce 
its regulations, including the enforcement authorities which meet 40 
CFR 70.11, the authority to request information from regulated sources 
and the authority to inspect sources and records to determine 
compliance status. In accordance with 40 CFR 63.91(d)(3)(ii), DNREC 
submitted copies of its statutes, regulations and requirements that 
grant DNREC the authority to implement and enforce the regulations. In 
accordance with 40 CFR 63.91(d)(3)(iii)-(v), DNREC submitted 
documentation of adequate resources and a schedule and plan to assure 
expeditious State implementation and compliance by all sources. In 
accordance with 40 CFR 63.92(b)(1), DNREC submitted a demonstration of 
adequate public notice and opportunity to submit written comments on 
its regulations. The requirements of 40 CFR 63.92(b)(2)-(3), requiring 
a demonstration of regulations no less stringent than the Federal 
regulations, are described in detail in sections III.(A)-(D), below. 
Therefore, the DNREC program has adequate and effective authorities, 
resources, and procedures in place for implementation and enforcement 
of sources subject to the requirements of 40 CFR part 63, subparts A, 
M, N and Q. The DNREC has the primary authority and responsibility to 
carry out all elements of these programs for all sources covered in 
Delaware, including on-site inspections, record keeping reviews, and 
enforcement.

A. Hazardous Air Pollutant General Provisions

    EPA has determined that subpart A in Regulation No. 38 of the State 
of Delaware's ``Regulations Governing the Control of Air Pollution'' is 
more stringent than the General Provisions in 40 CFR part 63, subpart A 
and, therefore, can be approved as equivalent to the Federal regulation 
in accordance with the rule substitution provisions of 40 CFR 63.91 and 
63.92. The DNREC's regulation incorporates most of EPA's regulation 
with some changes. Most of these changes meet the definition of ``minor 
editorial, formatting, and other nonsubstantive changes,'' as described 
in 40 CFR 63.92(b)(3)(ix). These nonsubstantive changes include:
    (1) Adding or modifying the definitions of ``Department,'' 
``permitting authority,'' ``Act,'' ``Administrator'' and ``affected 
source'';
    (2) Replacing references to ``Administrator'' with ``Department'';
    (3) Replacing references to the title V program with references to 
Delaware's Regulation 30;
    (4) Eliminating references to applicability of the regulation in 
other states;
    (5) Including references to Delaware's Regulation 2, 25, and 30, 
which are the regulations governing permitting of sources in Delaware, 
where appropriate;
    (6) Removing the general references to ``States'' in the Federal 
regulation;
    (7) Providing clarification that the application for approval of 
construction or reconstruction can be used to fulfill the notification 
requirements for all facilities which are constructing a new major 
source or reconstructing any source;
    (8) Including references to DNREC's enforcement, monitoring, 
recordkeeping and reporting and confidentiality authority under the 
relevant State statutes and regulations;
    (9) Clarifying that owners or operators refrain from conducting a 
performance test or evaluation which uses an alternative test or 
monitoring method until after the Department has approved of the site-
specific test or performance evaluation plan;
    (10) Modifying the Federal language to state that the 
Administrator's determination of an adequate validation of an 
alternative test method will occur upon approval of the use of the 
alternative test method; and
    (11) Allowing an extension of up to 60 days after the approval of a 
site-specific test or performance evaluation plan to conduct the 
performance test or evaluation if the plan is not approved by the 
Department within 30 days before the test is scheduled to begin.

[[Page 50120]]

    None of these changes decrease the stringency of the regulation 
when compared to the Federal regulation. These changes improve the 
clarity of the regulation by either adding terms or references, 
redefining terms, eliminating unnecessary references or slightly 
modifying procedures. For example, in the Federal regulation, a 
performance test or evaluation which uses an alternative test or 
monitoring method cannot be conducted until after the site-specific 
test or performance evaluation plan (which includes the approval of the 
alternative test method) is deemed acceptable by the Administrator. 
Because major alternative test and monitoring methods can only be 
approved by the EPA Administrator, per 40 CFR 63.91(g)(2), DNREC, in 
its regulation, separated the approval of the alternative test or 
monitoring method and the approval of the site-specific test or 
evaluation plan into two distinct procedures. Therefore, once the 
alternative test or monitoring method is approved by either EPA, in the 
case of major alternatives, or the Department, in the case of minor or 
intermediate alternatives, the site-specific test or performance 
evaluation plan can be subsequently approved by the Department. These 
changes clarify the intent of the regulation but do not decrease the 
stringency.
    The DNREC regulation includes changes from the Federal regulation 
which meet the definition of adjustments by ``increasing the frequency 
of required reporting, testing, sampling or monitoring,'' as described 
in 40 CFR 63.92(b)(3)(iv). These changes include:
    (1) Requiring that copies of requests for alternative monitoring 
methods, petitions for relative accuracy test substitutions, petitions 
for adjustments to opacity emission standards and proposed test plans 
or results of testing or monitoring required for approval of 
alternative nonopacity emission standards be submitted to both the 
Administrator and the Department;
    (2) Noting that owners and operators may be required to not only 
obtain a permit but to also revise or amend such permit;
    (3) Requiring that the record of an applicability determination be 
retained for the life of the source; and
    (4) Requiring that reconstructed area sources obtain prior written 
approval and be subject to the same notification requirements as major 
sources intending to reconstruct.
    These changes are clearly more stringent than the Federal 
regulation. The Federal regulation requires that copies of certain 
requests, petitions and plans be submitted only to EPA. The DNREC's 
regulation requires the submission of these documents to both EPA and 
DNREC. The Federal regulation notes that owner or operators may need to 
obtain a permit, while DNREC's regulation notes that owners or 
operators may need to obtain, revise or amend a permit. The Federal 
regulation requires that a record of applicability determination be 
retained for 5 years while DNREC's regulation requires that this record 
be retained for the life of the source. The Federal regulation requires 
that major sources which reconstruct obtain prior written approval 
while DNREC's regulation requires that both major and area sources 
which reconstruct obtain prior written approval.
    As stated earlier, DNREC's regulation does not include all of the 
modifications that EPA made to its regulation since July 1, 1998. These 
changes, described in section III. of this rulemaking, do not impact 
the stringency of DNREC's regulation and, thus, do not alter EPA's 
decision to approve of DNREC's rules. Most of these changes are not 
relevant to this rulemaking because they involve the incorporation of 
test methods and other material which are pertinent to emission 
standards and program approvals which are not addressed by this 
rulemaking. One amendment, however, allows for reduced monitoring, 
notification, recordkeeping and reporting requirements for owners or 
operators using continuous emission monitoring systems (CEMS). Because 
DNREC did not incorporate this change into its regulation, the DNREC 
regulation is clearly more stringent than the Federal regulation.

B. DNREC's Hazardous Air Pollutant Emission Standard for 
Perchloroethylene Dry Cleaning Facilities

    EPA has determined that subpart M in Regulation No. 38 of the State 
of Delaware's ``Regulations Governing the Control of Air Pollution'' is 
more stringent than the National Perchloroethylene Air Emission 
Standards for Dry Cleaning Facilities in 40 CFR part 63, subpart M and, 
therefore, can be approved as equivalent to the Federal regulation in 
accordance with the rule substitution provisions of 40 CFR 63.91 and 
63.92. The DNREC's regulation incorporates most of EPA's regulation 
with some changes. Most of these changes meet the definition of ``minor 
editorial, formatting, and other nonsubstantive changes,'' as described 
in 40 CFR 63.92(b)(3)(ix). These nonsubstantive changes include:
    (1) Adding or modifying the definitions of ``Department,'' 
``diverter valve'' and ``Administrator';
    (2) Replacing references to ``Administrator,'' ``applicable title V 
permitting authority'' and ``Administrator or delegated authority'' 
with ``Department';
    (3) Removing redundant references in the applicability section of 
the rule;
    (4) Replacing references to the title V program with references to 
Delaware's Regulation 30;
    (5) Replacing the Federal regulation's compliance date with the 
original effective date of the state regulation;
    (6) Specifying the exact date of the title V permit deferral for 
area sources and the exact due date for permit applications for these 
sources; and
    (7) Adding a review procedure for the Department to follow in the 
event that any dry cleaning facility exceeds the annual 
perchloroethylene consumption rates established in the rule.
    None of these changes decrease the stringency of the regulation 
when compared to the Federal regulation. These changes improve the 
clarity of the regulation by either adding terms or references, 
redefining terms, eliminating unnecessary references or providing 
guidance on how the Department may address exceedances of the 
perchloroethylene limits established in the rule. The review procedure 
added in DNREC's regulation follows EPA's policy memo, entitled 
``Guidance Concerning Implementation of National Emission Standards for 
Hazardous Air Pollutants for Perchloroethylene Dry Cleaning 
Facilities,'' dated May 20, 1996. The review procedure allows the 
Department to evaluate the cause of an exceedance of an annual 
perchloroethylene consumption rate before requiring more stringent 
control requirements. Because this review procedure does not exempt 
sources from more stringent control requirements if an exceedance 
occurs, but only outlines how the Department may evaluate these 
exceedances, this addition to the regulation is no less stringent than 
the Federal regulation.
    The DNREC regulation includes changes from the Federal regulation 
which meet the definition of adjustments by ``increasing the frequency 
of required reporting, testing, sampling or monitoring,'' as described 
in 40 CFR 63.92(b)(3)(iv). These changes include:
    (1) Requiring that copies of requests for use of an equivalent 
emission control technology be submitted to both the Administrator and 
the Department;
    (2) Requiring that sources using carbon adsorbers on room 
enclosures

[[Page 50121]]

measure the perchloroethylene concentration in the exhaust at least 
weekly;
    (3) Requiring drycleaning facilities that have only existing dry-
to-dry machines or both existing dry-to-dry machines and transfer 
machines and that consume less than 530 liters of perchloroethylene per 
year to notify the Department if the perchloroethylene consumption 
meets or exceeds 530 liters in any 12 month period; and
    (4) Requiring drycleaning facilities that have only transfer 
machines and that consume less than 760 liters of perchloroethylene per 
year to notify the Department if the perchloroethylene consumption 
meets or exceeds 760 liters in any 12 month period.
    These changes are clearly more stringent than the Federal 
regulation. The Federal regulation requires copies of requests to use 
equivalent emission control technology only be submitted to EPA. The 
DNREC's regulation requires the submission of these documents to both 
the Administrator and DNREC. The Federal regulation does not require 
testing of the exhaust from room enclosure carbon adsorbers. The 
Federal regulation does not require notification of perchloroethylene 
consumption that exceeds the 530 and 760 liter limits.
    The DNREC regulation includes changes from the Federal regulation 
which meet the definition of adjustments by ``subjecting additional 
emission points or sources to control requirements,'' as described in 
40 CFR 62.92(b)(3)(vii). These changes include:
    (1) Requiring coin-operated dry cleaning machines located at a 
major affected source to adhere to the same work practice, 
notification, recordkeeping and reporting requirements as small area 
sources with existing machines and subjecting these sources to title V 
permit requirements;
    (2) Requiring drycleaning facilities that have only existing dry-
to-dry machines or both existing dry-to-dry machines and transfer 
machines and that consume less than 530 liters of perchloroethylene per 
year to repair leaks within 24 hours of discovery; and
    (3) Requiring drycleaning facilities that have only transfer 
machines and that consume less than 760 liters of perchloroethylene per 
year to repair leaks within 24 hours of discovery.
    These changes are clearly more stringent than the Federal 
requirement. The Federal regulation exempts coin-operated dry cleaning 
machines from work practice, notification, recordkeeping, reporting and 
title V requirements. The Federal regulation does not require the 
aforementioned facilities to repair leaks within 24 hours of discovery.

C. DNREC's Hazardous Air Pollutant Emission Standards for Hard and 
Decorative Chromium Electroplating and Chromium Anodizing Tanks

    EPA has determined that subpart N in Regulation No. 38 of the State 
of Delaware's ``Regulations Governing the Control of Air Pollution'' is 
more stringent than the National Emission Standards for Chromium 
Emissions From Hard and Decorative Chromium Electroplating and Chromium 
Anodizing Tanks in 40 CFR part 63, subpart N and, therefore, can be 
approved as equivalent to the Federal regulation in accordance with the 
rule substitution provisions of 40 CFR 63.91 and 63.92. The DNREC's 
regulation incorporates most of EPA's regulation with some changes. 
Most of these changes meet the definition of ``minor editorial, 
formatting, and other nonsubstantive changes,'' as described in 40 CFR 
63.92(b)(3)(ix). These nonsubstantive changes include:
    (1) Replacing references to ``Administrator'' and ``applicable 
title V permitting authority'' with ``Department'';
    (2) Replacing references to the title V program with references to 
Delaware's Regulation 30 and its minor new source construction and 
modification permitting program under Regulation 2 of the State of 
Delaware ``Regulations Governing the Control of Air Pollution,'' where 
appropriate;
    (3) Replacing the Federal regulation's compliance date with the 
original effective date of the state regulation;
    (4) Specifying the exact date of the title V permit deferral for 
area sources and the exact due date for permit applications for these 
sources;
    (5) Removing references to operations in California;
    (6) Removing irrelevant language pertaining to compliance extension 
requests;
    (7) Referencing relevant test methods in 40 CFR part 63, appendix 
A; and
    (8) Adding minor clarifying language and correcting typographical 
errors, where appropriate.
    None of these changes decrease the stringency of the regulation 
when compared to the Federal regulation. These changes improve the 
clarity of the regulation by either adding terms or references, 
redefining terms, eliminating unnecessary references or correcting 
typographical errors. The DNREC removed the language related to 
compliance extension requests because sources can no longer apply for 
these extension, since the compliance date has already past.
    The DNREC regulation includes changes from the Federal regulation 
which meet the definition of adjustments by ``increasing the frequency 
of required reporting, testing, sampling or monitoring,'' as described 
in 40 CFR 63.92(b)(3)(iv). These changes include:
    (1) Requiring that copies of requests of proposed work practice 
standards, alternative air pollution device descriptions, notifications 
of compliance status and performance test results be submitted to both 
the Administrator and the Department; and
    (2) Clarifying that an owner or operator of an area source who 
constructs or reconstructs a new source submit a notification to the 
Department and that an owner or operator of a major source who 
constructs or reconstructs a new source submit an application for 
approval of construction or reconstruction to the Department and, if 
appropriate, an application under Delaware's Regulation 2.
    These changes are clearly more stringent than the Federal 
regulation. The Federal regulation requires that copies of requests and 
notifications only be submitted to the Administrator. The DNREC's 
regulation requires the submission of these documents to both the 
Administrator and DNREC. The Federal regulation does not clarify that 
construction and reconstruction notifications and applications be 
submitted to the delegated authority.

D. DNREC's Hazardous Air Pollutant Emission Standards for Industrial 
Process Cooling Towers

    EPA has determined that subpart Q in Regulation No. 38 of the State 
of Delaware's ``Regulations Governing the Control of Air Pollution'' is 
more stringent than the National Emission Standards for Hazardous Air 
Pollutants for Industrial Cooling Towers in 40 CFR part 63, subpart Q 
and therefore, can be approved as equivalent to the Federal regulation 
in accordance with the rule substitution provisions of 40 CFR 63.91 and 
63.92. The DNREC's regulation incorporates most of EPA's regulation 
with some changes. All of these changes meet the definition of ``minor 
editorial, formatting, and other nonsubstantive changes,'' as described 
in 40 CFR 63.92(b)(3)(ix). These nonsubstantive changes include:
    (1) Replacing the term ``Administrator'' with ``Department'';
    (2) Replacing references to the title V program with references to 
Delaware's Regulation 30;

[[Page 50122]]

    (3) Replacing the Federal regulation's compliance date with the 
original effective date of the state regulation; and
    (4) Including references to DNREC's analysis and data collection 
authority under Regulation 17 of the State of Delaware ``Regulations 
Governing the Control of Air Pollutants.''
    None of these changes decrease the stringency of the regulation 
when compared to the Federal regulation. These changes improve the 
clarity of the regulation by either adding terms or references, 
redefining terms, or eliminating unnecessary references.

IV. Terms of Program Approval and Delegation of Authority

    In order for DNREC to receive delegation of future amendments to 
the Federal hazardous air pollutant general provisions and hazardous 
air pollutant emission standards for perchloroethylene dry cleaning 
facilities, hard and decorative chromium electroplating and chromium 
anodizing tanks, and industrial process cooling towers, each amendment 
must be legally adopted by the State of Delaware, with adequate 
opportunity for public participation and public comment, and DNREC must 
notify the Director, Air Protection Division, EPA Region III, that it 
has adopted additional amendments and that it intends to enforce the 
amendments in conformance with the terms of this program approval and 
delegation. EPA, upon its review and approval, in accordance with 40 
CFR 63.91(e), will incorporate by reference the State of Delaware's 
revised regulations into 40 CFR 63.14 and amend 40 CFR 63.99, as 
appropriate.
    The notification and reporting provisions in 40 CFR part 63 
requiring the owners or operators of affected sources to make 
submissions to the Administrator shall be met by sending such 
submissions to DNREC and EPA Region III.
    If at any time there is a conflict between a DNREC regulation and a 
Federal regulation, the Federal regulation must be applied if it is 
more stringent than that of DNREC. EPA is responsible for determining 
stringency between conflicting regulations. If DNREC does not have the 
authority to enforce the more stringent Federal regulation, it shall 
notify EPA Region III in writing as soon as possible, so that this 
portion of the delegation may be revoked.
    If EPA determines that DNREC's procedure for enforcing or 
implementing the 40 CFR part 63 requirements is inadequate, or is not 
being effectively carried out, this delegation may be revoked in whole 
or in part in accordance with the procedures set out in 40 CFR 
63.96(b).
    Certain provisions of 40 CFR part 63 allow only the Administrator 
of EPA to take further standard setting actions. In addition to the 
specific authorities retained by the Administrator in 40 CFR 63.90(d) 
and the ``Delegation of Authorities'' section for specific standards, 
EPA Region III is retaining the following authorities, in accordance 
with 40 CFR 63.91(g)(2)(ii):
    (1) Approval of alternative non-opacity emission standards, e.g., 
40 CFR 63.6(g) and applicable sections of relevant standards;
    (2) Approval of alternative opacity standards, e.g., 40 CFR 
63.9(h)(9) and applicable sections of relevant standards;
    (3) Approval of major alternatives to test methods, as defined in 
40 CFR 63.90(a), e.g., 40 CFR 63.7(e)(2)(ii) and (f) and applicable 
sections of relevant standards;
    (4) Approval of major alternatives to monitoring, as defined in 40 
CFR 63.90(a), e.g., 40 CFR 63.8(f) and applicable sections of relevant 
standards; and
    (5) Approval of major alternatives to recordkeeping and reporting, 
as defined in 40 CFR 63.90(a), e.g., 40 CFR 63.10(f) and applicable 
sections of relevant standards.
    The following provisions are included in this delegation, in 
accordance with 40 CFR 63.91(g)(1)(i), and can only be exercised on a 
case-by-case basis. When any of these authorities are exercised, DNREC 
must notify EPA Region III in writing:
    (1) Applicability determinations for sources during the title V 
permitting process and as sought by an owner/operator of an affected 
source through a formal, written request, e.g., 40 CFR 63.1 and 
applicable sections of relevant standards \1\;
---------------------------------------------------------------------------

    \1\ Applicability determinations are considered to be nationally 
significant when they:
    (i) Are unusally complex or controversial;
    (ii) Have bearign on more than one state or are multi-Regional;
    (iii) Appear to create a conflict with previous policy or 
determinations;
    (iv) Are a legal issue which has not been previously considered; 
or
    (v) Raise new policy questions and shall be forwarded to EPA 
Region III prior to finalization.
    Detailed information on the applicability determination process 
may be found in EPA document 305-B-99-004 How to Review and Issue 
Clean Air Act Applicability Determinations and Alternative 
Monitoring, dated February 1999. The DNREC may also refer to the 
Compendium of Applicability Determinations issued by the EPA and may 
contact EPA Region III for guidance.
---------------------------------------------------------------------------

    (2) Responsibility for determining compliance with operation and 
maintenance requirements, e.g., 40 CFR 63.6(e) and applicable sections 
of relevant standards;
    (3) Responsibility for determining compliance with non-opacity 
standards, e.g., 40 CFR 63.6(f) and applicable sections of relevant 
standards;
    (4) Responsibility for determining compliance with opacity and 
visible emission standards, e.g., 40 CFR 63.6(h) and applicable 
sections of relevant standards;
    (5) Approval of site-specific test plans,\2\ e.g. 40 CFR 
63.7(c)(2)(i) and (d) and applicable sections of relevant standards;
---------------------------------------------------------------------------

    \2\ The DNREC will notify EPA of these approvals on a quarterly 
basis by submitting a copy of the test plan approval letter. Any 
plans which propose major alternative test methods or major 
alternative monitoring methods shall be referred to EPA for 
approval.
---------------------------------------------------------------------------

    (6) Approval of minor alternatives to test methods, as defined in 
40 CFR 63.90(a), e.g., 40 CFR 63.7(e)(2)(i) and applicable sections of 
relevant standards;
    (7) Approval of intermediate alternatives to test methods, as 
defined in 40 CFR 63.90(a), e.g., 40 CFR 63.7(e)(2)(ii) and (f) and 
applicable sections of relevant standards;
    (8) Approval of shorter sampling times/volumes when necessitated by 
process variables and other factors, e.g., 40 CFR 63.7(e)(2)(iii) and 
applicable sections of relevant standards;
    (9) Waiver of performance testing, e.g., 40 CFR 63.7 (e)(2)(iv), 
(h)(2), and (h)(3) and applicable sections of relevant standards;
    (10) Approval of site-specific performance evaluation (monitoring) 
plans,\3\ e.g., 40 CFR 63.8(c)(1) and (e)(1) and applicable sections of 
relevant standards;
---------------------------------------------------------------------------

    \3\ The DNREC will notify EPA of these approvals on a quarterly 
basis by submitting a copy of the performance evaluation plan 
approval letter. Any plans which propose major alternative test 
methods or major alternative monitoring methods shall be referred to 
EPA for approval.
---------------------------------------------------------------------------

    (11) Approval of minor alternatives to monitoring methods, as 
defined in 40 CFR 63.90(a), e.g., 40 CFR 63.8(f) and applicable 
sections of relevant standards;
    (12) Approval of intermediate alternatives to monitoring methods, 
as defined in 40 CFR 63.90(a), e.g., 40 CFR 63.8(f) and applicable 
sections of relevant standards;
    (13) Approval of adjustments to time periods for submitting 
reports, e.g., 40 CFR 63.9 and 63.10 and applicable sections of 
relevant standards; and
    (14) Approval of minor alternatives to recordkeeping and reporting, 
as defined in 40 CFR 63.90(a), e.g., 40 CFR 63.10(f) and applicable 
sections of relevant standards.

[[Page 50123]]

    As required, DNREC and EPA Region III will provide the necessary 
written, verbal and/or electronic notification to ensure that each 
agency is fully informed regarding the interpretation of applicable 
regulations in 40 CFR part 63. In instances where there is a conflict 
between a DNREC interpretation and a Federal interpretation of 
applicable regulations in 40 CFR part 63, the Federal interpretation 
must be applied if it is more stringent than that of DNREC. Written, 
verbal and/or electronic notification will also be used to ensure that 
each agency is informed of the compliance status of affected sources in 
Delaware. The DNREC will comply with all of the requirements of 40 CFR 
63.91(g)(1)(ii).
    Quarterly reports will be submitted to EPA by DNREC to identify 
sources determined to be applicable during that quarter.
    Although DNREC has primary authority and responsibility to 
implement and enforce the hazardous air pollutant general provisions 
and hazardous air pollutant emission standards for perchloroethylene 
dry cleaning facilities, hard and decorative chromium electroplating 
and chromium anodizing tanks, and industrial process cooling towers 
requirements, nothing shall preclude, limit, or interfere with the 
authority of EPA to exercise its enforcement, investigatory, and 
information gathering authorities concerning this part of the Act.

V. Final Action

    EPA is approving DNREC's Regulation No. 38, subpart A, as amended, 
effective September 11, 1999, DNREC's Regulation No. 38, subpart M, as 
amended, effective October 11, 2000, DNREC's Regulation No. 38, subpart 
N, as amended, effective October 11, 2000 and DNREC's Regulation No. 
38, subpart Q, effective April 4, 1998, as equivalent to the CAA 
section 112(d) requirements set forth in 40 CFR part 63, subparts A, M, 
N and Q, respectively, for affected sources in the State of Delaware. 
Accordingly, EPA is revising 40 CFR 63.14 and 63.99 to reflect the 
Federal enforceability of DNREC's regulations. The DNREC's regulation 
adopts the Federal requirements found in 40 CFR part 63, subparts A, M, 
N and Q, dated July 1, 1998, with some adjustments. Affected sources 
will need to refer to both DNREC's regulations and 40 CFR part 63, 
subparts A, M, N and Q, dated July 1, 1998 to comply. This approval 
also includes granting authority to DNREC to implement and enforce any 
future amendments to these provisions and standards that EPA 
promulgates and DNREC adopts unchanged into its regulations. The 
delegation of authority shall be administered in accordance with the 
terms outlined in section IV., above.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comment. The adjustments and substitutions made in the DNREC 
regulation are primarily non-substantive and relate to minor editorial 
and formatting changes from the Federal rule. The substantive changes 
from the Federal regulation relate to increasing the frequency of 
reporting, testing, sampling or monitoring, and subjecting additional 
emission points or sources to control requirements. However, in the 
``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the program approval request if adverse comments are filed. 
This rule will be effective on December 3, 2001 without further notice 
unless EPA receives adverse comment by November 1, 2001. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

VI. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249 November 9, 2000), nor will it have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045 (62 FR 19885 
April 23, 1997), because it is not economically significant.
    In reviewing requests for rule approval under CAA section 112, 
EPA's role is to approve state choices, provided that they meet the 
criteria of the CAA. In this context, in the absence of a prior 
existing requirement for the State to use voluntary consensus standards 
(VCS), EPA has no authority to disapprove requests for rule approval 
under CAA section 112 for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a request for 
rule approval under CAA section 112, to use VCS in place of a request 
for rule approval under CAA section 112 that otherwise satisfies the 
provisions of the CAA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of

[[Page 50124]]

Unanticipated Takings'' issued under the executive order. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 3, 2001. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action, pertaining to the approval of Delaware's regulations for 
hazardous air pollutant general provisions and hazardous air pollutant 
emission standards for perchloroethylene dry cleaning facilities, hard 
and decorative chromium electroplating and chromium anodizing tanks, 
and industrial process cooling towers (CAA section 112), may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations.

    Dated: September 7, 2001.
 Donald S. Welsh,
Regional Administrator, Region III.

    40 CFR part 63 is amended 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.

    2. Section 63.14 is amended by adding paragraph (d)(3)(iii) to read 
as follows:


Sec. 63.14  Incorporation by Reference.

* * * * *
    (d) * * *
    (3) * * *
    (iii) State of Delaware Regulations Governing the Control of Air 
Pollution (October 2000), IBR approved for Sec. 63.99(a)(8)(ii)-(v) of 
subpart E of this part.

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

    3. Section 63.99 is amended by adding paragraphs (a)(8)(ii) through 
(v) to read as follows:


Sec. 63.99  Delegated Federal authorities.

    (a) * * *
    (8) Delaware
    (i) * * *
    (ii) Affected sources must comply with the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulation No. 38, 
subpart A, effective September 11, 1999 (incorporated by reference as 
specified in Sec. 63.14). The material incorporated in the State of 
Delaware Regulations Governing the Control of Air Pollution, Regulation 
No. 38, subpart A pertains to owners and operators of stationary 
sources in the State of Delaware that are subject to emission standard 
requirements of the State of Delaware Regulations Governing the Control 
of Air Pollution, Regulation No. 38, subparts M, N and Q and 40 CFR 
part 63 and has been approved under the procedures in Sec. 63.91 and 
Sec. 63.92 to be implemented and enforced in place of 40 CFR part 63, 
subpart A. Delaware is delegated the authority to implement and enforce 
its regulation in place of 40 CFR part 63, subpart A, in accordance 
with the final rule, published in the Federal Register on October 2, 
2001, effective December 3, 2001.
    (iii) Affected sources must comply with the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulation No. 38, 
subpart M, effective October 11, 2000 (incorporated by reference as 
specified in Sec. 63.14). The material incorporated in the State of 
Delaware Regulations Governing the Control of Air Pollution, Regulation 
No. 38, subpart M pertains to owners and operators of perchloroethylene 
drycleaning facilities and has been approved under the procedures in 
Sec. 63.91 and Sec. 63.92 to be implemented and enforced in place of 40 
CFR part 63, subpart M. Delaware is delegated the authority to 
implement and enforce its regulation in place of 40 CFR part 63, 
subpart M, in accordance with the final rule, published in the Federal 
Register on October 2, 2001, effective December 3, 2001.
    (iv) Affected sources must comply with the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulation No. 38, 
subpart N, effective October 11, 2000 (incorporated by reference as 
specified in Sec. 63.14). The material incorporated in the State of 
Delaware Regulations Governing the Control of Air Pollution, Regulation 
No. 38, subpart N pertains to owners and operators of hard and 
decorative chromium electroplating and chromium anodizing tanks and has 
been approved under the procedures in Sec. 63.91 and Sec. 63.92 to be 
implemented and enforced in place of 40 CFR part 63, subpart N. 
Delaware is delegated the authority to implement and enforce its 
regulation in place of 40 CFR part 63, subpart N, in accordance with 
the final rule, published in the Federal Register on October 2, 2001, 
effective December 3, 2001.
    (v) Affected sources must comply with the State of Delaware 
Regulations Governing the Control of Air Pollution, Regulation No. 38, 
subpart Q, effective May 11, 1998 (incorporated by reference as 
specified in Sec. 63.14). The material incorporated in the State of 
Delaware Regulations Governing the Control of Air Pollution, Regulation 
No. 38, subpart Q pertains to owners and operators of industrial 
process cooling towers and has been approved under the procedures in 
Sec. 63.91 and Sec. 63.92 to be implemented and enforced in place of 40 
CFR part 63, subpart Q. Delaware is delegated the authority to 
implement and enforce its regulation in place of 40 CFR part 63, 
subpart Q, in accordance with the final rule, published in the Federal 
Register on October 2, 2001, effective December 3, 2001.

[FR Doc. 01-24202 Filed 10-1-01; 8:45 am]
BILLING CODE 6560-50-P