[Federal Register Volume 67, Number 5 (Tuesday, January 8, 2002)]
[Rules and Regulations]
[Pages 825-828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-407]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[VA001-1000; FRL-7126-8]


Approval of Section 112(l) Authority for Hazardous Air 
Pollutants; State of Virginia; Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation.

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SUMMARY: EPA is taking direct final action to approve the Virginia 
Department of Environmental Quality's (VADEQ's) request for delegation 
of authority to implement and enforce Virginia's hazardous air 
pollutant regulations for perchloroethylene drycleaning facilities, 
hard and decorative chromium electroplating and chromium anodizing 
tanks, ethylene oxide sterilization facilities, halogenated solvent 
cleaning, secondary lead smelting, hazardous waste combustors, portland 
cement manufacturing, and secondary aluminum smelting which have been 
adopted by reference from the Federal requirements set forth in the 
Code of Federal Regulations (CFR). This approval will automatically 
delegate future amendments to these regulations once VADEQ incorporates 
those amendments into its regulations. In addition, EPA is taking 
direct final action to approve of VADEQ's mechanism for receiving 
delegation of future hazardous air pollutant regulations. This 
mechanism entails VADEQ's incorporation by reference of the Federal 
standards, unchanged, into its hazardous air pollutant regulations and 
VADEQ's notification to EPA of such incorporations. EPA is not waiving 
its notification and reporting requirements under this approval; 
therefore, sources will need to send notifications and reports to both 
VADEQ and EPA. This action pertains only to affected sources, as 
defined by the Clean Air Act's (CAA's or the Act's) hazardous air 
pollutant program, which are not located at major sources, as defined 
by the CAA's operating permit program. The VADEQ's request for 
delegation of authority to implement and enforce its hazardous air 
pollutant regulations at affected sources which are located at major 
sources, as defined by the CAA's operating permit program, was 
initially approved on April 20, 1998. EPA is taking this action in 
accordance with the CAA.

DATES: This direct final rule will be effective March 11, 2002 unless 
EPA receives adverse or critical comments by February 7, 2002. 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.

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 
Dennis H. Treacy, Virginia Department of Environmental Quality, 629 
East Main Street, Richmond, Virginia 23219. 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 and the Virginia Department of 
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

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). Please 
note that any formal comments must be submitted, in writing, as 
provided in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 112(l) of the Act and Title 40 Code of Federal Regulations 
(40 CFR) part 63, subpart E authorize EPA to approve of State rules and 
programs to be implemented and enforced in place of certain CAA 
requirements, including the National Emission Standards for Hazardous 
Air Pollutants (NESHAPs) set forth at 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 April 20, 1998, the VADEQ received delegation of authority to 
implement all emission standards promulgated in 40 CFR part 63, as they 
apply to major sources, as defined by 40 CFR part 70. On May 25, 2001, 
VADEQ submitted to EPA a request to receive delegation of authority to 
implement and enforce the hazardous air pollutant regulations for the 
remaining affected sources defined in 40 CFR part 63. At the present 
time, this request includes the regulations for perchloroethylene 
drycleaning facilities, hard and decorative chromium electroplating and 
chromium anodizing tanks, ethylene oxide sterilization facilities, 
halogenated solvent cleaning, secondary lead smelting, hazardous waste 
combustors, portland cement manufacturing, and secondary aluminum 
smelting which have been adopted, by reference, from the Federal 
requirements set forth in 40 CFR part 63, subparts M, N, O, T, X, EEE, 
LLL and RRR, respectively. The VADEQ also requested that EPA 
automatically delegate future amendments to these regulations and 
approve VADEQ's mechanism for receiving delegation of future hazardous 
air pollutant regulations which it adopts, unchanged, from the Federal 
requirements. This mechanism entails VADEQ's incorporation, by 
reference, of the Federal standard, unchanged, into its regulation for 
hazardous air pollutant sources found at 9 VAC 5-60-100, and 
notification to EPA of each such incorporation.

II. EPA's Analysis of VADEQ's Submittal

    Based on VADEQ's program approval request and its pertinent laws 
and regulations, EPA has determined that such an approval is 
appropriate in that VADEQ has satisfied the criteria of 40 CFR 63.91. 
In accordance with 40 CFR 63.91(d)(3)(i), VADEQ submitted a written 
finding by the Commonwealth's 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),

[[Page 826]]

VADEQ submitted copies of its statutes, regulations and requirements 
that grant authority to VADEQ to implement and enforce the regulations. 
In accordance with 40 CFR 63.91(d)(3)(iii)-(v), VADEQ submitted 
documentation of adequate resources and a schedule and plan to assure 
expeditious implementation by the Commonwealth and compliance by all 
sources. Therefore, the VADEQ 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 M, N, O, T, X, EEE,\1\ LLL and RRR, as well as any future 
emission standards, should VADEQ seek delegation for these standards. 
The VADEQ adopts the emission standards promulgated in 40 CFR part 63 
into its regulation for hazardous air pollutant sources at 9 VAC 5-60-
100. The VADEQ has the primary authority and responsibility to carry 
out all elements of these programs for all sources covered in Virginia, 
including on-site inspections, record keeping reviews, and enforcement.
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    \1\ Delegation of the National Emission Standard for Hazardous 
Air Pollutants from Hazardous Waste Combustors (40 CFR part 63, 
subpart EEE) could be affected by the July 24, 2001 ruling by the 
United States Court of Appeals for the District of Columbia Circuit 
which vacated the rule.
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III. Terms of Program Approval and Delegation of Authority

    In order for VADEQ to receive automatic delegation of future 
amendments to the perchloroethylene drycleaning facilities, hard and 
decorative chromium electroplating and chromium anodizing tanks, 
ethylene oxide sterilization facilities, halogenated solvent cleaning, 
secondary lead smelting, hazardous waste combustors,\2\ portland cement 
manufacturing, and secondary aluminum smelting regulations, as they 
apply to facilities that are not located at major sources, as defined 
by 40 CFR part 70, each amendment must be legally adopted by the State 
of Virginia. As stated earlier, these amendments are adopted into 
VADEQ's regulation for hazardous air pollutant sources at 9 VAC 5-60-
100. The delegation of amendments to these rules will be finalized on 
the effective date of the legal adoption. The VADEQ will notify EPA of 
its adoption of the Federal regulation amendments.
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    \2\ See Footnote 1.
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    EPA has also determined that VADEQ's mechanism for receiving 
delegation of future hazardous air pollutant regulations which it 
adopts unchanged from the Federal requirements, as they apply to 
facilities that are not located at major sources, as defined by 40 CFR 
part 70, can be approved. This mechanism requires VADEQ to legally 
adopt the Federal regulation into its regulation for hazardous air 
pollutant sources at 9 VAC 5-60-100. The delegation will be finalized 
on the effective date of the legal adoption. The VADEQ will notify EPA 
of its adoption of the Federal regulation. The official notice of 
delegation of additional emission standards will be published in the 
Federal Register. As noted earlier, VADEQ's program to implement and 
enforce all emission standards promulgated under 40 CFR part 63, as 
they apply to major sources, as defined by 40 CFR part 70, was 
previously approved on April 20, 1998.
    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 VADEQ and EPA Region III.
    If at any time there is a conflict between a VADEQ regulation and a 
Federal regulation, the Federal regulation must be applied if it is 
more stringent than that of VADEQ. EPA is responsible for determining 
stringency between conflicting regulations. If VADEQ 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 VADEQ'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, VADEQ 
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; \3\
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    \3\ Applicabililty determinations are considered to be 
nationally significant when they:
    (i) are unusually complex or controversial;
    (ii) have bearing 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 VADEQ may also refer to the 
Compendium of Applicability Determinations issued by the EPA and may 
contact EPA Region III for guidance.
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    (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, \4\ e.g., 40 CFR 
63.7(c)(2)(i) and (d) and applicable sections of relevant standards;
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    \4\ The VADEQ 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.
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    (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

[[Page 827]]

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, \5\ e.g., 40 CFR 63.8(c)(1) and (e)(1) and applicable sections 
of relevant standards;
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    \5\ The VADEQ 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.
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    (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.
    As required, VADEQ 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 VADEQ 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 VADEQ. 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 
Virginia. The VADEQ will comply with all of the requirements of 40 CFR 
63.91(g)(1)(ii).
    Quarterly reports will be submitted to EPA by VADEQ to identify 
sources determined to be applicable during that quarter.
    Although VADEQ has primary authority and responsibility to 
implement and enforce the hazardous air pollutant general provisions 
and hazardous air pollutant emission standards for perchloroethylene 
drycleaning facilities, hard and decorative chromium electroplating and 
chromium anodizing tanks, ethylene oxide sterilization facilities, 
halogenated solvent cleaning, secondary lead smelting, hazardous waste 
combustors,\6\ portland cement manufacturing, and secondary aluminum 
smelting, 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.
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    \6\ See Footnote 1.
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IV. Final Action

    EPA is approving VADEQ's request for delegation of authority to 
implement and enforce its hazardous air pollutant regulations for 
perchloroethylene drycleaning facilities, hard and decorative chromium 
electroplating and chromium anodizing tanks, ethylene oxide 
sterilization facilities, halogenated solvent cleaning secondary lead 
smelting, hazardous waste combustors,\7\ portland cement manufacturing, 
and secondary aluminum smelting which have been adopted by reference 
from 40 CFR part 63, subparts M, N, O, T, X, EEE, LLL, and RRR, 
respectively. This approval will automatically delegate future 
amendments to these regulations. In addition, EPA is approving of 
VADEQ's mechanism for receiving delegation of future hazardous air 
pollutant regulations which it adopts unchanged from the Federal 
requirements. This mechanism entails legal adoption by the Commonwealth 
of Virginia of the amendments or rules into its regulation for 
hazardous air pollutant sources at 9 VAC 5-60-100 and notification to 
EPA of such adoption. This action pertains only to affected sources, as 
defined by 40 CFR part 63, which are not located at major sources, as 
defined by 40 CFR part 70. The delegation of authority shall be 
administered in accordance with the terms outlined in this document. 
This delegation of authority is codified in 40 CFR 63.99. In addition, 
VADEQ's delegation of authority to implement and enforce 40 CFR part 63 
emission standards at major sources, as defined by 40 CFR part 70, 
approved by EPA Region III on April 20, 1998, is codified in 40 CFR 
63.99.
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    \7\ See Footnote 1.
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    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial rule and anticipates no adverse 
comment because VADEQ's request for delegation of the hazardous air 
pollutant regulations pertaining to perchloroethylene drycleaning 
facilities, hard and decorative chromium electroplating and chromium 
anodizing tanks, ethylene oxide sterilization facilities, halogenated 
solvent cleaning, secondary lead smelting, hazardous waste 
combustors,\8\ portland cement manufacturing, and secondary aluminum 
smelting and its request for automatic delegation of future amendments 
to these rules and future standards, when specifically identified, does 
not alter the stringency of these regulations and is in accordance with 
all program approval regulations. 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 of VADEQ's request 
for delegation if adverse comments are filed. This rule will be 
effective on March 11, 2002 without further notice unless EPA receives 
adverse comment by February 7, 2002. 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.
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    \8\ See Footnote 1.
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V. 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

[[Page 828]]

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 tribal implications because it will 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). This action also does not have Federalism 
implications because it does not 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). This action 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 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (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. 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 March 11, 2002. 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 VADEQ's request for 
delegation of authority for the hazardous air pollutant emission 
standards for perchloroethylene dry cleaning facilities, hard and 
decorative chromium electroplating and chromium anodizing tanks, 
ethylene oxide sterilizers, halogenated solvent cleaning, secondary 
lead smelting, hazardous waste combustors, portland cement 
manufacturing, and secondary aluminum smelting (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, Intergovernmental 
relations.

    Dated: December 26, 2001.
Judith M. Katz,
Director, Air Protection Division, 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.

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

    2. Section 63.99 is amended by adding paragraph (a)(46) to read as 
follows:


Sec. 63.99  Delegated Federal authorities.

    (a) * * *
    (46) Virginia.
    (i) Virginia is delegated the authority to implement and enforce 
all existing and future unchanged 40 CFR part 63 standards at major 
sources, as defined in 40 CFR part 70, in accordance with the 
delegation agreement between EPA Region III and the Virginia Department 
of Environmental Quality, dated April 20, 1998, and any mutually 
acceptable amendments to that agreement.
    (ii) Virginia is delegated the authority to implement and enforce 
all existing 40 CFR part 63 standards and all future unchanged 40 CFR 
part 63 standards, if delegation is sought by the Virginia Department 
of Environmental Quality and approved by EPA Region III, at affected 
sources which are not located at major sources, as defined in 40 CFR 
part 70, in accordance with the final rule, dated January 8, 2002, 
effective March 11, 2002, and any mutually acceptable amendments to the 
terms described in the direct final rule.
[FR Doc. 02-407 Filed 1-7-02; 8:45 am]
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