[Federal Register Volume 67, Number 20 (Wednesday, January 30, 2002)]
[Rules and Regulations]
[Pages 4363-4367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2228]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[PA001-1002; FRL-7135-3]


Approval of Section 112(l) Authority for Hazardous Air Pollutants 
and the Chemical Accident Prevention Provisions; Allegheny County; 
Health Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and delegation of authority.

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SUMMARY: EPA is taking direct final action to approve Allegheny County 
Health Department's (ACHD's) request for delegation of authority to 
implement and enforce its hazardous air pollutant regulations which 
have been adopted by reference from the Federal requirements set forth 
in the Code of Federal Regulations. This approval will automatically 
delegate future amendments to these regulations. For sources which are 
required to obtain a Clean Air Act operating permit, this delegation 
addresses all existing hazardous pollutant regulations. For sources 
which are not required to obtain a Clean Air Act operating permit, this 
delegation presently addresses the 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. This delegation addresses all sources 
subject to the accidental release prevention regulations. In addition, 
EPA is taking direct final action to automatically delegate all future 
hazardous air pollutant regulations which ACHD adopts unchanged from 
the Federal requirements. EPA is not waiving its notification and 
reporting requirements under this approval; therefore, sources will 
need to send notifications and reports to both ACHD and EPA. This 
action pertains to affected sources, as defined by the Clean Air Act's 
(CAA's or the Act's) hazardous air pollutant program, as well as 
covered processes, as defined by the Act's chemical accident prevention 
provisions. EPA is taking this action in accordance with the CAA.

DATES: This direct final rule will be effective April 1, 2002 unless 
EPA receives adverse or critical comments by March 1, 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 
Roger C. Westman, Manager, Air Quality

[[Page 4364]]

Program, Allegheny County Health Department, 301 39th Street, 
Pittsburgh, PA 15201-8103. 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 
Allegheny County Health Department, 301 39th Street, Pittsburgh, PA 
15201-8103.

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 40 Code of Federal Regulations (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 
set forth at 40 CFR part 63 and the chemical accident prevention 
provisions set forth at 40 CFR part 68. 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 
40 CFR part 63 National Emission Standards for Hazardous Air Pollutant 
(NESHAP) requirements and the 40 CFR part 68 chemical accident 
prevention provisions, including an auditing strategy at least as 
stringent as the EPA regulation;
    (b) a schedule demonstrating expeditious implementation of the 
regulations;
    (c) a plan that assures expeditious compliance by all sources 
subject to the regulations;
    (d) a requirement that subject sources submit a risk management 
plan (RMP);
    (d) procedures for reviewing RMPs; and,
    (e) procedures to provide technical assistance to subject sources, 
including small businesses, under the chemical accident prevention 
provisions.
    On March 30, 1998 and October 30, 1998, ACHD, through letters from 
the Pennsylvania Department of Environmental Protection (PADEP), 
submitted to EPA requests to receive delegation of authority to 
implement and enforce the hazardous air pollutant regulations which 
have been adopted by reference from 40 CFR part 63 and the chemical 
accident prevention regulations which have been adopted by reference 
from 40 CFR part 68. On August 4, 1999, PADEP submitted a copy of an 
Agreement for Implementation of the Title V Operating Permits Program 
between EPA, PADEP and ACHD. On June 15, 2001, ACHD submitted a letter 
to EPA clarifying its request for delegation of authority of the 
NESHAPs and the chemical accident prevention provisions. In this 
letter, ACHD stated that it was seeking delegation of authority of the 
NESHAPs, as they applied to sources subject to the Title V program and 
to sources which have taken a federally-enforceable limit on their 
potential to emit to below the major source thresholds, as defined in 
40 CFR part 70. The ACHD also clarified that it was seeking automatic 
delegation of future NESHAPs for these sources. This letter also 
reiterated that ACHD was seeking delegation of the chemical accident 
prevention regulations for all sources. These four submissions provided 
detailed information on ACHD's legal and enforcement authority, 
resources, and implementation procedures for addressing the hazardous 
air pollutant regulations at facilities required to obtain an operating 
permit under 40 CFR part 70 and the chemical accident prevention 
regulations at all facilities. On October 24, 2001, ACHD submitted to 
EPA additional information necessary to receive delegation of authority 
to implement and enforce the hazardous air pollutant regulations for 
perchloroethylene drycleaning facilities, hard and decorative chromium 
electroplating and chromium anodizing tanks, ethylene oxide 
sterilization facilities, halogenated solvent cleaning and secondary 
lead smelting which have been adopted by reference from 40 CFR part 63, 
subparts M, N, O, T and X, respectively, at sources not addressed in 
ACHD's previous requests. In this October 24, 2001 request, ACHD also 
asked that EPA automatically delegate future amendments to these 
specific regulations and future hazardous air pollutant regulations 
adopted unchanged from the Federal requirements which were not 
addressed by ACHD's previous requests. Because ACHD automatically 
adopts by reference the regulations in 40 CFR part 63, the recently 
promulgated regulations addressing hazardous waste combustors, portland 
cement manufacturing, and secondary aluminum smelting (40 CFR part 63 
subparts EEE, LLL, and RRR, respectively), while not specifically 
mentioned in thisOctober 24, 2001 letter, are also part of the 
delegation request.

II. EPA's Analysis of ACHD's Submittal

    Based on ACHD's program approval request and its pertinent laws and 
regulations, EPA has determined that such an approval is appropriate in 
that ACHD has satisfied the criteria of 40 CFR 63.91 and 63.95. In 
accordance with 40 CFR 63.91(d)(3)(i), ACHD submitted two written 
findings by the County Solicitor which demonstrate that ACHD 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), ACHD submitted 
copies of its statutes, regulations and requirements that grant 
authority to ACHD to implement and enforce the regulations. In 
accordance with 40 CFR 63.91(d)(3(iii)-(v), ACHD submitted 
documentation of adequate resources and a schedule and plan to assure 
expeditious implementation and compliance by all sources. Therefore, 
the ACHD program has adequate and effective authorities, resources, and 
procedures in place for implementation and enforcement of the emission 
standards of 40 CFR part 63, including 40 CFR part 63, subparts M, N, 
O, T, X, EEE \1\, LLL and RRR, and the chemical accident prevention 
provisions of 40 CFR part 68, at all covered facilities. In addition, 
the ACHD program has adequate and effective authorities, resources and 
procedures in place for implementation and enforcement of any future 
emission standards.
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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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    In accordance with 40 CFR 63.95(b)(1), ACHD submitted information 
which demonstrates that it has the authority and resources to implement 
and enforce regulations that are no less stringent than the regulations 
in 40 CFR part 68, subparts A through G and 68.200 and a requirement 
that subject sources submit a RMP that reports at least the same 
information in the same format as required under 40 CFR part 68, 
subpart G. As required by

[[Page 4365]]

40 CFR 63.95(b)(3)-(4), ACHD submitted documentation that it has 
adequate procedures for reviewing RMPs, providing technical assistance 
to stationary sources, including small businesses, and auditing RMPs in 
a manner consistent with the Federal regulation.
    The ACHD automatically adopts the emission standards promulgated in 
40 CFR part 63 and the chemical accident prevention provisions 
promulgated in 40 CFR part 68 into the County of Allegheny, 
Pennsylvania, Ordinance No. 16782 and Allegheny County Health 
Department Rules and Regulations, Article XXI Air Pollution Control 
2104.08. The ACHD has the primary authority and responsibility to carry 
out all elements of these programs for all sources covered in Allegheny 
County, including on-site inspections, record-keeping reviews, and 
enforcement.

III. Terms of Program Approval and Delegation of Authority

    In order for ACHD to receive automatic delegation of future 
amendments to the hazardous air pollutant regulations \2\ and the 
chemical accident prevention provisions, each amendment must be legally 
adopted by Allegheny County. As stated earlier, these amendments are 
automatically adopted into the County of Allegheny, Pennsylvania, 
Ordinance No. 16782 and ACHD Rules and Regulations, Article XXI Air 
Pollution Control 2104.08. The delegation of amendments to these rules 
will be finalized on the effective date of the legal adoption.
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    \2\ See Footnote 1.
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    EPA has also determined that ACHD can be delegated the authority to 
implement and enforce all future hazardous air pollutant regulations, 
which it adopts unchanged from the Federal requirements. The delegation 
of future hazardous air pollutant regulations will be finalized on the 
effective date of the legal adoption. The official notice of delegation 
of additional emission standards will be published in the Federal 
Register. 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 ACHD and EPA Region III.
    If at any time there is a conflict between an ACHD regulation and a 
Federal regulation, the Federal regulation must be applied if it is 
more stringent than that of ACHD. EPA is responsible for determining 
stringency between conflicting regulations. If ACHD 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 ACHD's procedures for enforcing or 
implementing the 40 CFR part 63 or 40 CFR part 68 requirements are 
inadequate, or are 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 and 40 CFR part 68 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 40 CFR 68.120 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, ACHD 
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\ Applicability 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 ACHD 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 ACHD 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 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 ACHD 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

[[Page 4366]]

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, ACHD 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 and 40 CFR part 68. In instances where 
there is a conflict between a ACHD interpretation and a Federal 
interpretation of applicable regulations in 40 CFR part 63 and 40 CFR 
part 68, the Federal interpretation must be applied if it is more 
stringent than that of ACHD. 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 Allegheny County. The 
ACHD will comply with all of the requirements of 40 CFR 
63.91(g)(1)(ii). Quarterly reports will be submitted to EPA by ACHD to 
identify sources determined to be applicable during that quarter. 
Although ACHD has primary authority and responsibility to implement and 
enforce the hazardous air pollutant regulations \6\ and the chemical 
accident prevention provisions, 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 ACHD's request for delegation of authority to 
implement and enforce its hazardous air pollutant emission standards 
\7\ which have been adopted by reference from the Federal requirements 
set forth in 40 CFR part 63 and its chemical accident prevention 
provisions which have been adopted by reference from the Federal 
requirements set forth in 40 CFR part 68. This approval will 
automatically delegate future amendments to these regulations. For 
sources which are required to obtain an operating permit under 40 CFR 
part 70, this delegation addresses all existing hazardous air pollutant 
emission standards as adopted by reference from 40 CFR part 63. For 
sources which are not required to obtain an operating permit under 40 
CFR part 70, this delegation presently addresses 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,\8\ 
portland cement manufacturing, and secondary aluminum smelting as 
adopted by reference from 40 CFR part 63, subparts M, N, O, T, X, EEE, 
LLL and RRR, respectively. This delegation addresses all sources 
subject to the accidental release prevention regulations. In addition, 
EPA is taking direct final action to automatically delegate all future 
hazardous air pollutant regulations which ACHD adopts unchanged from 
the Federal requirements. The delegation of authority shall be 
administered in accordance with the terms outlined in section IV., 
above. This delegation of authority is codified in 40 CFR 63.99.
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    \7\ See Footnote 1.
    \8\ 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 ACHD's request for delegation of the hazardous air 
pollutant regulations and its request for automatic delegation of 
future amendments to these rules and future standards 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 ACHD's request 
for delegation if adverse comments are filed. This rule will be 
effective on April 1, 2002 without further notice unless EPA receives 
adverse comment by March 1, 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.

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 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 (Pub. L. 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

[[Page 4367]]

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 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 April 1, 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 ACHD's delegation of 
authority for the hazardous air pollutant emission standards and the 
chemical accident prevention provisions (CAA section 112), may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects 40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
Hazardous substances, Intergovernmental relations.

    Dated: January 22, 2002.
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 paragraphs (a)(38)(iv) and 
(v):


Sec. 63.99  Delegated Federal authorities.

    (a) * * *
    (38) * * *
    (iv) Allegheny County is delegated the authority to implement and 
enforce all existing 40 CFR part 63 standards and all future unchanged 
40 CFR part 63 standards at sources within Allegheny County, in 
accordance with the final rule, dated January 30, 2002, effective April 
1, 2002, and any mutually acceptable amendments to the terms described 
in the direct final rule.
    (v) Allegheny County is delegated the authority to implement and 
enforce the provisions of 40 CFR part 68 and all future unchanged 
amendments to 40 CFR part 68 at sources within Allegheny County, in 
accordance with the final rule, dated January 30, 2002, effective April 
1, 2002, and any mutually acceptable amendments to the terms described 
in the direct final rule.

[FR Doc. 02-2228 Filed 1-29-02; 8:45 am]
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