[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Rules and Regulations]
[Pages 37334-37360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14190]



[[Page 37333]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



Clarifications to Existing National Emissions Standards for Hazardous 
Air Pollutants Delegations' Provisions; Final Rule

  Federal Register / Vol. 68, No. 120 / Monday, June 23, 2003 / Rules 
and Regulations  

[[Page 37334]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7508-8]
RIN 2060-AJ26


Clarifications to Existing National Emissions Standards for 
Hazardous Air Pollutants Delegations' Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: As part of the section 112(l), ``Approval of State Programs 
and Delegation of Federal Authorities'' rulemaking process, EPA (we) 
agreed to clarify which portions of the existing national emission 
standards for hazardous air pollutants (NESHAP) contain authorities 
that can be delegated to State, local, and tribal agencies (S/L/Ts) (65 
FR 55810, September 14, 2000). Today's rulemaking clarifies which parts 
of the existing NESHAP can be delegated to S/L/Ts by adding or 
modifying a section in each NESHAP to describe the authorities that can 
be delegated to S/L/Ts and those that must be retained by us. In 
addition, to further clarify which portions of the NESHAP are 
delegable, some NESHAP standards sections were slightly reorganized or 
rephrased to separate delegable from non-delegable authorities. These 
clarifications do not change any substantive NESHAP requirements for 
industrial sources.

EFFECTIVE DATE: This final rule will be effective on August 22, 2003.

ADDRESSES: Docket No. A-2000-57, containing supporting information used 
to develop the proposed rule and the final rule, is available for 
public inspection and copying between 8 a.m. and 4:30 p.m., Monday 
through Friday (except government holidays) at the Air and Radiation 
Docket and Information Center (6102T), Room B-108, EPA West Building, 
1301 Constitution Avenue, NW., Washington, DC 20460; telephone (202) 
566-1742, fax (202) 566-1741. A reasonable fee may be charged for 
copying docket materials.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final rule will also be available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the rule will be posted on the TTN's policy and guidance page 
for newly proposed or promulgated rules: http://www.epa.gov/ttn/oarpg.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Driscoll or Ms. Robin Segall, 
Emissions, Moitoring Measurement and Analysis Division, Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
109 T. W. Alexander Drive, Research Triangle Park, North Carolina 
27709, telephone (919) 541-5135 or (919) 541-0893, or electronic mail 
at [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially 
affected by this rule are S/L/Ts that voluntarily request delegation of 
section 112 rules, emissions standards, or requirements. The procedures 
and criteria for requesting and receiving delegation are described in 
Sec.  63.90 through Sec.  63.97, excluding Sec.  63.96, of 40 CFR part 
63, subpart E. Facilities that are subject to the individual subparts 
to be changed should not be affected by the final amendments, which 
clarify the delegation requirements between EPA and the S/L/Ts.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. How Do We Delegate Section 112 Standards to You?
    B. When a Standard is Delegated, Can You Approve Changes to Any 
of the Requirements?
    C. What Is the Purpose of This Rulemaking?
    D. What Are the Types of Changes We Are Making?
    E. Once NESHAP Are Delegated, Does the S/L/Ts' Enforcement 
Authority Replace EPA's Authority?
    F. Does Today's Rulemaking Impact Prior Delegations of These 
Part 63 NESHAP (Maximum Achievable Control Technology (MACT) 
Standards)?
    G. What Public Comments Were Received on the Proposal?
II. Overview of Changes
    A. What Categories of Changes Are We Making?
    B. What Clarifications Have We Made to Individual Subparts?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act
IV. Statutory Authority
V. Judicial Review

I. Background

A. How Do We Delegate Section 112 Standards to You?

    The requirements in 40 CFR part 63, subpart E provide a framework 
for you, the S/L/Ts, to request and receive delegation of the NESHAP. 
Once you accept delegation, you are responsible for implementing and 
enforcing the NESHAP for sources in your jurisdiction.

B. When a Standard Is Delegated, Can You Approve Changes to Any of the 
Requirements?

    In addition to the overall implementation and enforcement authority 
conferred by the delegation, there are separate parts of each section 
112 requirement that we cannot delegate to you. Each individual NESHAP, 
for example, contains requirements that are considered the 
``standards'' and are, therefore, not delegable in terms of your making 
changes to them. Because the Administrative Procedures Act requires us 
to approve alternative emission limitations or control requirements 
through Federal rulemaking, we cannot delegate our rulemaking authority 
to you. More specifically, any requests by sources for approval of 
alternative standards must be considered by us and acted upon in a 
notice and comment rulemaking. Additionally, we cannot delegate 
authorities that may alter the stringency of the standard, that require 
Federal oversight for national consistency, or that may require Federal 
rulemaking. Generally, requests by you to revise standards for a source 
category (or portions thereof) must be addressed through subpart E or 
the subpart E rulemaking process for alternative standards. Please note 
that nothing in the section or this rulemaking usurps your authority to 
have more a stringent State program or regulatory requirements, such as 
more stringent emission limitations, that apply to sources subject to 
NESHAP.
    However, the authorities in other sections of the NESHAP, such as 
testing, monitoring, reporting, and recordkeeping, may be delegable 
and, if delegated, the authority to approve alternatives to these 
requirements may be exercised by you on a case-by-case basis once you 
have been delegated the NESHAP through subpart E (straight delegation, 
Sec.  63.91). These delegable authorities are similar to those in 40 
CFR part 63, subpart A General Provisions, which are incorporated into 
the majority of the NESHAP. Because

[[Page 37335]]

only some of the testing, monitoring, reporting, and recordkeeping 
requirements are delegable in subpart A, EPA has identified what 
authorities can be delegated in the subpart E revisions (65 FR 55810, 
September 14, 2000). Section 63.91(g)(1)(i) clarifies what ``Category 
I'' changes, including minor and intermediate changes to testing, 
monitoring, recordkeeping, and reporting requirements, may be 
considered and approved by S/L/Ts if you receive delegation for these 
authorities from your EPA Regional Office. For more discussion of 
delegable authorities, see 65 FR 55811 through 55814, September 14, 
2000.
    There are similar discretionary authorities, as mentioned above, in 
each NESHAP that may also be delegated to you. Please note, each NESHAP 
being revised in today's rulemaking will describe those authorities 
that will be retained by EPA. All other authorities in those NESHAP are 
delegable to S/L/Ts.

C. What Is the Purpose of This Rulemaking?

    As a part of a larger regulatory and policy effort to clarify and 
streamline delegation of part 63 requirements, we agreed to clarify 
which portions of the existing 40 CFR part 63 NESHAP contain 
authorities that can be delegated to you. In order to achieve this 
objective, we are making slight changes to many of the existing NESHAP. 
These changes are clarifications that will allow you to approve 
alternatives to the delegable authorities, including category I 
authorities listed in Sec.  63.91(g)(i), instead of requiring a 
rulemaking by the EPA to approve the site-specific alternatives. Many 
NESHAP lack a clear delegation section that this final rule remedies. 
We are also taking this opportunity to make the format of the existing 
NESHAP more consistent.

D. What Are the Types of Changes We Are Making?

    Many of the existing NESHAP were promulgated before we developed a 
consistent rule format, so each one has slightly different content and 
order. In addition, the way that the delegable authorities were 
identified and delegated varies. Due to these variations, each NESHAP 
in this rulemaking needs one or more clarifications, listed below, to 
ease delegation:
    [sbull] Addition or modification of a section (implementation and 
enforcement) in each NESHAP describing the authorities that can be 
delegated to you and those that must be retained by us;
    [sbull] Reorganization of the standards sections in NESHAP to 
separate compliance assurance measures, such as monitoring, 
recordkeeping, or reporting provisions, from actual standards; or
    [sbull] Minor rephrasing of work practices and other standards 
developed under the authority of section 112(h) of the Act to allow 
approval of delegable testing, monitoring, reporting, and recordkeeping 
authorities by S/L/Ts and without rulemaking by us.

E. Once NESHAP Are Delegated, Does the S/L/Ts' Enforcement Authority 
Replace EPA's Authority?

    Throughout this preamble, we state that once NESHAP are delegated 
to you, then you will have the authority to implement and enforce those 
rules for sources in your jurisdiction. However, nothing in this 
preamble is intended to suggest that your enforcement agencies have 
replaced our Federal authority to enforce and implement those rules. We 
remain partners with you in enforcing the NESHAP.

F. Does Today's Rulemaking Affect Prior Delegations of These Part 63 
NESHAP (MACT Standards)?

    In many cases, you already accepted delegation of these NESHAP and, 
consequently, you are currently implementing and enforcing them. We do 
not believe that today's rulemaking adversely affects existing 
delegations of these NESHAP to you. For the most part, today's 
rulemaking clarifies which of the authorities in each existing NESHAP 
can, and cannot, be delegated to you.
    In all prior delegations, specific authorities in each NESHAP were 
generally not identified as being delegated. Instead, the NESHAP have 
been generally delegated in their entirety. For example, when our 
Regional Offices delegate a NESHAP or MACT standard through straight 
delegation (see 65 FR 55810, September 14, 2000) to a S/L/T, they 
reference the whole NESHAP, such as subpart M, National 
Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, 
in any rulemaking or documents. They usually do not reference a 
particular authority within the NESHAP, such as Sec.  63.324(d), 
``[E]ach owner or operator of a dry cleaning facility shall keep 
receipts of perchloroethylene purchases ...'' in any delegation. 
Therefore, we believe that today's rulemaking will not affect your 
existing part 63 NESHAP delegation.
    However, potential issues may have occurred where you have already 
acted on the authorities you believed you had been delegated. For 
example, in subpart HH, the delegation of authority paragraph in Sec.  
63.776 does not withhold the delegation of any of the standards' 
sections. Therefore, you may have exercised the authority to approve 
alternative emissions controls or limitations in this example. As 
mentioned above, you cannot approve alternatives to NESHAP's emissions 
controls or limitations because they must be established through 
national rulemaking. Only we can approve alternatives to emissions 
controls or limitations through national rulemaking.
    If you have inadvertently approved alternatives to NESHAP's 
emissions controls or limitations for a specific source, then the 
appropriate EPA Regional Office must be notified of this approval. Our 
Regional Office will then work with you and our Office of Air Quality 
Planning and Standards, Office of Enforcement and Compliance Assurance, 
and Office of General Counsel to reevaluate the alternative through the 
process in Sec.  63.6 or the provisions in 40 CFR part 63, subpart E. 
If you have any questions regarding inadvertent approvals, please 
contact your appropriate EPA Regional Office.

G. What Public Comments Were Received on the Proposal?

    On January 16, 2002 (67 FR 2286), the proposed rule was published 
in the Federal Register and we requested written comments on the 
proposal. We received 4 sets of written comments on the package from 
the State and Territorial Air Pollution Program and Association of 
Local Air Pollution Control (STAPPA/ALAPCO), State of Missouri 
Department of Natural Resources Air Pollution Control Program (APCP), 
South Coast Air Quality Management District, and Safety-Kleen 
Corporation. Although the comments were mostly general in nature, some 
were specific to certain NESHAP. The Missouri APCP's comments included 
support for EPA's approach to clarify which authorities can be 
delegated and noted that the ``APCP had taken a similar approach to 
rulemaking.'' Copies of the comments are available in the public docket 
for the regulation (docket A-2000-57).

II. Overview of Changes

    The EPA has made a number of changes to the proposed rule in 
response to the comments we received. The comments on the proposal were 
limited to a relatively small subset of authorities in a few NESHAP. 
Accordingly, EPA believes that it is not necessary to repeat the 
comprehensive discussion contained in the preamble to

[[Page 37336]]

the proposal. See 67 FR 2288-2298, January 16, 2002, for a more 
detailed discussion of today's changes to each NESHAP. Instead, EPA has 
limited the discussion in this preamble to issues raised by commenters, 
and to discuss changes made to the final rule based on those issues.

A. What Categories of Changes Are We Making?

1. Adding an ``Implementation and Enforcement'' Section
    The first category of changes involves adding a section that 
describes non-delegable authorities or changing current delegation 
sections to conform to a consistent format. The new ``Implementation 
and enforcement'' sections cite the rule sections or requirements for 
which you may not approve alternatives (i.e., non-delegable 
authorities). The authority to make changes to those sections or 
requirements is retained by us and includes the authority to approve 
any alternatives to emissions standards; including their applicability 
requirements. Conversely, any authority, not expressly reserved for us 
and included in these paragraphs, can be delegated to you.
    As part of the subpart E rulemaking (65 FR 55810, September 14, 
2000), we clarified which of the specific General Provisions 
authorities (regarding alternative requirements) could not be delegated 
to you. We divided the General Provisions discretionary authorities 
into two groups, based upon the relative significance of each type of 
decision. Category I contains those authorities which can be delegated. 
We believe that the EPA Regional Office retains the ability to request 
review of these decisions, although we expect that this authority will 
be exercised infrequently. Category II contains those authorities which 
cannot be delegated. For more discussion on the general provisions' 
delegable authorities, see 67 FR 2288, January 16, 2002. The changes in 
the individual subparts in today's rule reference the subpart E 
classifications to ensure that they conform with this similar 
framework.
2. Reorganizing Sections To Separate Compliance Assurance Measures From 
Actual Standards
    The NESHAP contain two major types of requirements: standards and 
compliance assurance requirements. The standards are the essential 
requirements that implement EPA's authority under the Act to establish 
hazardous air pollutant (HAP) emission standards. These standards may 
be emission limitations (emission limits, operating limits, opacity 
limits, and visible emission limits) and/or work practice standards 
(design, equipment, work practices, and operational standards). The 
authority to approve alternatives to any of the promulgated standards 
must be retained by us. Requirements that are essential to ensuring 
that the standards are achieved as EPA intended, such as applicability 
requirements and compliance dates, are also retained.
    The compliance assurance requirements are also essential, but they 
offer some flexibility in their implementation. For example, you can 
approve (or disapprove) minor and intermediate changes to testing, 
monitoring, reporting, and recordkeeping provisions, as long as they 
are at least as stringent (or disapprove, if they are not as stringent) 
as EPA requirements.
    In other cases, the S/L/T is given authority to make changes in the 
implementation of a requirement, but not to change the actual 
requirement itself. For example, some NESHAP require operation and 
maintenance plans. Here the S/L/T agency is given the authority to 
approve some changes in the content of the plan, but does not have the 
authority to waive the requirement that the plan must be created and 
followed. Additionally, some newly-named operation and maintenance 
sections contain provisions which are similar to work practices, in 
that they can potentially affect emissions, such as the requirement to 
operate and maintain the source's equipment in keeping with good air 
pollution control practices, or the requirement to correct malfunctions 
as soon as practicable. You may not approve alternatives that are less 
stringent than the criteria outlined in the subpart. However, you may 
require more stringent provisions, such as not permitting excess 
emissions at all during malfunctions. Where an operations and 
maintenance plan is required, it usually allows the source considerable 
latitude in designing the plan, so long as the plan meets certain 
criteria. You may approve alternatives to the plan that are more 
stringent than the criteria listed, but you may not approve elimination 
of major criteria, such as specifying the process and control system 
monitoring equipment.
    As a second example, most NESHAP include requirements to monitor 
certain specified control equipment operating parameters and to set 
enforceable operating limits for these same parameters based on data 
from the performance test. In this case, the S/L/T may be delegated the 
authority to approve changes to the ranges for the operating limits 
based on new performance test data and/or other relevant information 
submitted by the source. However, we must retain the authority to 
approve modifications to requirements affecting which parameters are 
monitored (e.g., EPA would approve appropriate parameters to monitor 
for a control device not addressed in a NESHAP).
    A more detailed discussion and additional examples of changes that 
may be made to the delegable requirements are presented in the 
preambles to the proposed and final subpart E rule (64 FR 1880, January 
12, 1999) and (65 FR 55822, September 14, 2000).
    In most NESHAP, the non-delegable authorities and the delegable 
authorities are separated into different sections of the rule. However, 
in a few NESHAP, these authorities are mixed within a single section or 
are in the standard section in some NESHAP. In this case, we identified 
and separated out (where possible) the paragraphs that contain 
requirements for which you may not approve alternatives in the 
``Implementation and enforcement'' section.
    In other NESHAP, the delegable and non-delegable authorities are 
not clearly separated into different sections or into different 
paragraphs within a standards section. In these cases, we restructured 
the standards sections to separate the delegable and non-delegable 
authorities. This restructuring was accomplished by moving the 
delegable authorities to more appropriate sections of the rule, such as 
``Monitoring requirements'' or ``Recordkeeping requirements'' sections. 
As a result, the ``Implementation and enforcement'' section more 
clearly shows which authorities you may not be delegated by simply 
listing the sections containing those authorities.
3. Minor Work Practices' Amendments To Allow Approval of Alternatives 
Without EPA Rulemaking
    In some MACTs, provisions for which you could or should have the 
authority to approve alternatives are written in a way that precludes 
you from approving alternatives to these practices. Authority to 
approve alternatives to work practice standards or any other emission 
limitation established under section 112(d) or (h) of the Act cannot be 
delegated to you. However, some work practice requirements could be 
written more broadly to allow alternative practices to be implemented 
or these work practice requirements could be

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written to expressly state that you may approve alternative practices.
    We have rewritten these work practice standards, where possible, to 
specifically state that you have the authority to approve equivalent or 
more stringent alternative compliance assurance measures. The sections 
containing these requirements are not listed as authorities retained by 
us in the implementation and enforcement section. These kinds of 
changes are necessary only for a small number of subparts.

B. What Clarifications Have We Made to Individual Subparts?

    We did not receive any public comments concerning proposed changes 
to 37 of the subparts we included in the September 2000 proposal 
notice. However, upon closer review of the proposed changes, we 
determined that we had inadvertently and inconsistently delegated some 
of the standards we should have reserved to the Administrator's 
authority. For those subparts for which we received no public comments 
and which were correctly proposed, we have promulgated the final NESHAP 
amendments as proposed. Following is a list of the unchanged subparts:
    [sbull] Subpart F, Synthetic Organic Chemical Manufacturing 
Industry
    [sbull] Subpart I, HON for Certain Processes Subject to the 
Negotiated Regulation for Equipment Leaks
    [sbull] Subpart M, National Perchloroethylene Air Emission 
Standards for Dry Cleaning Facilities
    [sbull] Subpart O, Ethylene Oxide Emissions Standards for 
Sterilization Facilities
    [sbull] Subpart Q, National Emission Standards for Hazardous Air 
Pollutants for Industrial Process Cooling Towers
    [sbull] Subpart U, National Emission Standards for Hazardous Air 
Pollutant Emissions: Group I Polymers and Resins
    [sbull] Subpart Y, National Emission Standards for Marine Tank 
Vessel Loading Operations
    [sbull] Subpart AA, National Emission Standards for Hazardous Air 
Pollutants from Phosphoric Acid Manufacturing Plants
    [sbull] Subpart BB, National Emission Standards for Hazardous Air 
Pollutants from Phosphate Fertilizers Production Plants
    [sbull] Subpart CC, National Emission Standards for Hazardous Air 
Pollutants from Petroleum Refineries
    [sbull] Subpart EE, National Emission Standards for Magnetic Tape 
Manufacturing Operations
    [sbull] Subpart II, National Emission Standards for Shipbuilding 
and Ship Repair (Surface Coating)
    [sbull] Subpart OO, National Emission Standards for Tanks--Level 1
    [sbull] Subpart PP, National Emission Standards for Containers
    [sbull] Subpart QQ, National Emission Standards for Surface 
Impoundments
    [sbull] Subpart RR, National Emission Standards for Individual 
Drain Systems
    [sbull] Subpart GGG, National Emission Standards for 
Pharmaceuticals Production
    [sbull] Subpart JJJ, National Emission Standards for Hazardous Air 
Pollutant Emissions: Group IV Polymers and Resins
    [sbull] Subpart OOO, National Emission Standards for Hazardous Air 
Pollutants for Amino/Phenolic Resins Production
    [sbull] Subpart PPP, National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyether Polyols Production
    [sbull] Subpart XXX, National Emission Standards for Hazardous Air 
Pollutants for Ferroalloys Production: Ferromanganese and 
Silicomanganese
    The first correction we must make to the proposal package is to 
ensure that we consistently reserve the requirements in each of the 
NESHAP that establish the compliance dates for all new, reconstructed, 
and existing sources that are subject to the applicable subparts. Upon 
review of the proposal package, we determined that we did not 
consistently reserve these requirements, which was an error because 
they are integral to the overall standards and cannot be delegated. 
Following is a list of the subparts we need to modify to ensure that 
the compliance date of the applicable requirements are reserved. Also 
included is the notation for the compliance date requirements 
paragraphs and/or sections that are affected by this correction to the 
proposed amendments.
    [sbull] Subpart N, chromium electroplating (Sec.  63.343(a))
    [sbull] Subpart W, epoxy resins and non-nylon polyamides (Sec.  
63.521)
    [sbull] Subpart X, secondary lead smelting (Sec.  63.546)
    [sbull] Subpart LL, primary aluminum production plants (Sec.  
63.847(a))
    [sbull] Subpart CCC, steel pickling (Sec.  63.1160(a))
    [sbull] Subpart DDD, mineral wool production (Sec.  63.1180)
    [sbull] Subpart EEE, hazardous waste combustors (Sec.  63.1206(a))
    [sbull] Subpart III, flexible polyurethane foam production (Sec.  
63.1291)
    [sbull] Subpart LLL, portland cement (Sec.  63.1351)
    [sbull] Subpart MMM, pesticide active ingredient production (Sec.  
63.1364)
    [sbull] Subpart NNN, wool fiberglass manufacturing (Sec.  63.1387)
    [sbull] Subpart RRR, secondary aluminum production (Sec.  63.1501)
    [sbull] Subpart TTT, primary lead smelting (Sec.  63.1545)
    [sbull] Subpart VVV, publically owned treatment works (Sec. Sec.  
63.1584 and 63.1587).
    The second correction we must make to the proposal package is to 
ensure that we reserve all of the relevant standards in each of the 
applicable subparts. Upon closer review of the proposal package, we 
determined that we did not reserve all of the so-called ``general 
requirements'' sections that we should have. In some cases it was 
appropriate to delegate these sections, because even though the title 
indicated they were ``standards'' the content of the sections was 
clearly related to delegable provisions such as various reporting and 
recordkeeping requirements. For example, in subpart CC (petroleum 
refineries), Sec.  63.642, general standards, we correctly retained 
Sec. Sec.  63.642(g) through (l). These paragraphs require the 
following:
    [sbull] Requires existing sources to control HAP emissions to a 
level represented by a specified equation;
    [sbull] Requires new sources to control HAP emissions to a level 
represented by a specified equation;
    [sbull] Directs source to use specified compliance provisions;
    [sbull] Describes compliance approach;
    [sbull] Describes emissions averaging approach. Note, however, that 
we correctly delegated Sec. Sec.  63.642(a) through (f) that describe 
the following requirements:
    [sbull] Source must obtain a part 70/71 permit;
    [sbull] Cross references General Provisions applicability table;
    [sbull] Initial performance tests and compliance demonstrations 
required only as specified in this subpart;
    [sbull] Recordkeeping requirements;
    [sbull] Reports sent to Administrator.
    However, in other subparts, we inadvertently delegated some 
``general standards'' requirements. We have corrected this error in 
today's final rule. The affected subparts and the now-retained general 
standards requirements are listed below:
    [sbull] Subpart DD, offsite waste (Sec.  63.683);
    [sbull] Subpart HH, oil and natural gas production facilities 
(Sec.  63.764);
    [sbull] Subpart KK, printing and publishing (Sec.  63.823);
    [sbull] Subpart HHH, natural gas transmission and storage 
facilities (Sec.  63.1274);
    [sbull] Subpart LLL, portland cement manufacturing (Sec.  63.1342).

[[Page 37338]]

    We received public comments on only 11 subparts. Following is a 
brief description of the proposed changes, the public comments, and our 
response to the comments for each affected subpart. In addition, we are 
making revisions to the delegation provisions for Subpart LL (Primary 
Aluminum) based on the results of an internal review.
1. Subpart G, HON Standards for Process Vents, Storage Vessels, 
Transfer Operations, and Wastewater
    Proposed Rule. To clarify which authorities are delegated, we added 
the ``Implementation and enforcement'' section for delegation 
provisions to this subpart in a new section, Sec.  63.153. This section 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/Ts for the requirements in Sec. Sec.  63.112 through 
63.113, 63.119, 63.126, 63.132 through 63.140, and 63.148 through 
63.149. In addition, we retained Sec.  63.110, which contains the 
applicability requirements for this rule and Sec.  63.150(i)(1) through 
(4), which contains the emissions averaging provisions. Section 63.121 
describes procedures that should be followed to request the use of 
alternative means of emissions limitation for storage vessels. To 
retain the intent of the original language of Sec.  63.121, the new 
delegation paragraph cross-references the section identifying the 
procedures to follow in requesting an alternative means of emission 
limitation for storage vessels. In addition, this rule requires that 
affected sources meet specific requirements that are contained in other 
subparts. We clarified that delegation of those requirements will occur 
according to the delegation provisions of the referenced subparts. 
Where this subpart requires that affected sources meet specific 
requirements that are contained in other subparts, but makes certain 
changes to those provisions, we clarified that those provisions should 
be changed accordingly and then delegated according to the delegation 
provisions of the referenced subpart.
    Public Comments. One comment pertained to Sec.  63.133(h) which is 
the requirement that ``first efforts at repair shall be made no later 
than 5 calendar days after identification and repair shall be completed 
within 45 calendar days after identification'' of improper work 
practices or control equipment failure. The commenter believes S/L/Ts 
should have the authority to approve alternatives to this requirement. 
The commenter also said that the requirement is vaguely defined.
    Final Rule. We disagree with the comment regarding the delegation 
of the authority to approve alternatives to Sec.  63.133(h). We believe 
that this provision is a work practice standard, and thus, it cannot be 
delegated to S/L/Ts. We also believe that the requirement is clear with 
respect to the responsibility of the source to make a ``first effort at 
repair'' in a specified time frame. However, the determination of 
whether the source's response is adequate to meet this requirement is 
appropriately made by the permitting authority that receives the 
notifications and potential requests for an extension of time. 
Therefore, we believe this section already provides adequate 
flexibility to the S/L/T in implementing the requirements of Sec.  
63.133(h).
2. Subpart H, HON for Organic Hazardous Air Pollutants for Equipment 
Leaks
    Proposed Rule. To clarify which authorities are delegated, we added 
the ``Implementation and enforcement'' section in a new section, Sec.  
63.183. The section indicates that delegation of authority to approve 
alternatives cannot be given to S/L/Ts for the requirements in 
Sec. Sec.  63.160, 63.162 through 63.176, and 63.178 through 63.179. 
These sections contain the applicability provisions, emissions 
standards, standards for quality improvement programs, and provisions 
for alternative emission limitations. There are also instructions to 
follow the requirements of Sec.  63.177 to request an alternative means 
of emission limitation for batch processes and enclosed-vented process 
units.
    This subpart also requires affected sources to meet specific 
requirements that are contained in other subparts. We clarified in the 
implementation and enforcement language that delegation of those 
requirements will occur according to the delegation provisions of the 
referenced subparts. Where this subpart requires that affected sources 
meet specific requirements that are contained in other subparts, but 
makes certain changes to those provisions, we clarified that those 
provisions should be modified accordingly and then delegated according 
to the delegation provisions of the referenced subpart.
    Public Comments. We received several public comments regarding the 
proposed changes to this subpart. One commenter requested that we 
reconsider allowing S/L/Ts to approve alternatives to the provision in 
Sec.  63.162(f)(1) that requires a weatherproof and readily visible 
identification number attached to equipment, such as valves and pumps, 
that have been identified as leaking. Another comment asked us to 
reconsider delegating the authority to S/L/Ts to make approvals to 
alternatives to Sec.  63.163(b)(1), the requirement to monitor pumps to 
detect leaks on a monthly basis.
    Final Rule. We agree with the comment to reconsider allowing S/L/Ts 
to approve alternatives to the provision in Sec.  63.162(f)(1). This 
section is an implementation-related requirement and there may be other 
ways to achieve the intent of the standard, which is to detect and 
repair equipment leaks on a specified frequency. In order to clarify 
this distinction, we have revised the language in Sec.  63.162(f)(1) 
and Sec.  63.181, recordkeeping.
    However, regarding the comment to reconsider delegating the 
authority to S/L/Ts to make approvals to alternatives to Sec.  
63.163(b)(1), the requirement to monitor pumps to detect leaks on a 
monthly basis, we believe that this requirement is an integral part of 
the work practice standard for subpart H because it addresses the 
frequency of monitoring efforts. As we said in the proposal package, 
the collection of subpart H leak detection and repair requirements 
comprise the work practice standard and cannot be delegated.
    3. Subpart L, National Emission Standards for Coke Oven Batteries
    Proposed Rule. To clarify which authorities are delegated, we 
replaced the delegation provisions' language with the ``Implementation 
and enforcement'' section. In the delegation section, we retained the 
authorities in Sec. Sec.  63.300 and 63.302 through 63.308. These 
sections contain the applicability provisions and emissions standards 
for by-product and nonrecovery coke oven batteries, compliance date 
extensions, coke oven doors equipped with sheds, work practice 
standards, bypass/bleeder stacks, and collecting mains.
    The original delegation provisions in Sec.  63.313 contained 
language addressing failure of delegated agencies to carry out required 
inspections and tests. We retained this language in the revised 
delegation provisions, but added language to it and to Sec.  63.309, 
``Performance tests and procedures,'' explaining that the Administrator 
may also withdraw delegation of authority pursuant to the provisions of 
Sec.  63.96.
    Public Comments. We received one comment concerning the proposed 
revisions to this subpart. The commenter asked for S/L/Ts to be 
delegated the authority to approve changes to work practice plans 
required by Sec.  63.306(a), the provision requiring sources subject to 
this subpart to prepare and submit written emission control work 
practice plans for each coke oven battery.
    Final Rule. While we believe that the requirements to prepare a 
plan that

[[Page 37339]]

includes specified information and how that plan is implemented is a 
work practice standard, we agree with the commenter that the authority 
to request revisions to the plan and approve changes is delegable and 
is best conducted by the S/L/T. Therefore, we have revised Sec. Sec.  
63.306(a) and (d) to clarify that these activities may be conducted by 
the Administrator or the delegated permitting authority.
4. Subpart R, National Emission Standards for Gasoline Distribution 
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
    Proposed Rule. To clarify which authorities are delegated, we 
replaced the delegation provisions' language with the ``Implementation 
and enforcement'' section. This section indicates that delegation of 
authority to approve alternatives cannot be given to S/L/Ts for the 
requirements in Sec. Sec.  63.420 and 63.422 through 63.424. These 
sections contain the applicability provisions and emissions standards 
for loading racks, storage vessels, and equipment leaks.
    To retain the intent of the original delegation provisions, the 
revised delegation section also retains delegation of the authority to 
approve major alternatives to the monitoring specified in Sec.  
63.427(a)(1) through (4) per Sec.  63.427(a)(5), which contains 
provisions for monitoring an alternative operating parameter. To retain 
the intent of the original language of Sec.  63.426, the revised 
delegation paragraph cross-references that section for procedures to 
follow in requesting an alternative means of emission limitation for 
storage vessels.
    Public Comments. We received one public comment concerning the 
proposed changes to this subpart. The commenter asked that S/L/Ts be 
granted the authority to approve alternative monitoring frequencies 
based on the compliance history of the source under Sec.  63.423(c) 
(this requirement is actually promulgated in Sec.  63.424(a)), 
described as requiring monthly leak inspections for all equipment in 
gasoline service at gasoline terminals or pipeline breakout stations. 
The paragraph also says that for these inspections, detection methods 
incorporating sight, sound, and smell are acceptable. The commenter 
added that S/L/Ts should be allowed to approve an alternative leak 
detection method, in their example, the use of a hydrocarbon analyzer.
    Final Rule. Our proposal was consistent with our view that the leak 
detection and repair requirements in Sec.  63.424 constitute an 
integrated program and that changes to any part of the program could 
change the effectiveness of the entire program. Therefore, we have not 
changed the delegation requirements in subpart R.
5. Subpart S, National Emission Standards for Hazardous Air Pollutants 
From the Pulp and Paper Industry
    Proposed Rule. In order to separate delegable authorities from non-
delegable standards, we removed the monitoring and recording 
authorities from Sec.  63.450(d)(1) (the Standards for enclosures and 
closed-vent systems section) and placed them in Sec.  63.454(e), 
``Recordkeeping requirements.'' We also added a reference in Sec.  
63.450(d)(1) that the provisions of Sec.  63.454(e) must be followed.
    To clarify which authorities are delegated, we replaced the 
delegation provisions' language with the ``Implementation and 
enforcement'' section. This section indicates that delegation of 
authority to approve alternatives cannot be given to S/L/Ts for the 
requirements in Sec. Sec.  63.440, 63.443 through 63.447, and 63.450. 
These sections contain the applicability provisions and the emissions 
standards for pulping systems, bleaching systems, kraft pulping process 
condensates, clean condensate alternatives, and enclosures and closed-
vent systems. This subpart also requires that provisions of another 
subpart be followed. In the implementation and enforcement language, we 
have clarified that delegation of those requirements will occur 
according to the delegation provisions of the subpart that is 
referenced.
    Public Comments. We received one comment regarding the proposed 
revisions to this subpart. The commenter stated that ``State and local 
agencies should not have to seek individual approvals for the same 
alternatives.'' The commenter also said that if several facilities make 
the same request for alternative monitoring, EPA would still have to 
approve each individually.
    Final Rule. The commenter's assessment that EPA still must approve 
each request for alternative monitoring individually is correct, if the 
alternative monitoring request is for a major change to monitoring. The 
S/L/Ts have the authority to approve alternatives to monitoring if the 
alternatives are considered minor or intermediate. See definitions of 
minor, intermediate, and major changes to monitoring in Sec.  63.90.
    The commenter is also correct that the approvals must be made on 
individual sources and not for more than one source per approval, 
unless the S/L/T chooses to approve the changes using the subpart E 
equivalency by permit mechanism; see Sec.  63.94. The purpose of the 
delegable authorities is to approve alternatives on a case-by-case 
basis; the circumstances being particular to one source. Conversely, to 
approve alternative monitoring requirements for more than one source, a 
S/L/T should use a 40 CFR part 63, subpart E approval mechanism, such 
as a rule adjustment or rule substitution; Sec. Sec.  63.92 or 63.93 
respectively. Subpart E approval usually requires rulemaking (with 
public comment), which is required for changes to more than one source 
in a source category.
6. Subpart T, National Emission Standards for Halogenated Solvent 
Cleaning
    Proposed Rule. We amended Sec.  63.460 by removing and reserving 
paragraph (f). We restructured the work practices in Sec.  63.462 and 
created paragraph Sec.  63.462(e) to give S/L/Ts greater flexibility to 
approve alternatives that will continue to meet the intent of the 
standard. In addition, we amended Sec.  63.463(e)(2)(ix)(B) to 
restructure the recordkeeping requirements to make it easier to 
delegate them.
    To clarify which authorities are delegated, we added the 
``Implementation and enforcement'' section in a new section, Sec.  
63.470. This section indicates that delegation of authority to approve 
alternatives cannot be given to S/L/Ts for the requirements in 
Sec. Sec.  63.460, 63.462(a) through (d), and 63.463 through 63.464.
    Section 63.469 describes procedures that must be followed to 
request the use of alternative equipment or an alternative work 
practice. Section 63.460(f) also retains the delegation of Sec. Sec.  
63.469 and 63.463(d)(9) to the Administrator. The delegation provisions 
added in Sec.  63.470 cross-reference Sec.  63.469 for procedures to 
follow in requesting an alternative means of emission limitation.
    Public Comment. We received two comments regarding the proposed 
revisions to this subpart. One comment requested that S/L/Ts be 
delegated the authority to approve alternatives to Sec.  63.463(d)(1), 
which generally requires sources to control air disturbances across the 
cleaning machine opening(s). The commenter added that this requirement 
is extremely vague. We also received a comment requesting us to 
delegate to S/L/Ts the authority to approve alternatives to Sec.  
63.463(d)(9), the requirement that each solvent cleaning machine and 
associated controls be maintained according to manufacturer's 
specifications.
    Final Rule. We do not agree with the comment regarding Sec.  
63.463(d)(1), the

[[Page 37340]]

requirement to control air disturbances across the cleaning machine 
opening(s). This requirement is a work practice standard whose 
authority to approve alternatives cannot be delegated to S/L/Ts. 
However, we believe that the requirement is sufficiently broad to allow 
several approaches to comply with it. For example, we believe that both 
(1) covering the openings of cleaning machines with lids when not in 
use, and (2) operating the cleaning machines in an enclosed room that 
is vented to a control device comply with this provision. Therefore, we 
are not delegating this authority to S/L/Ts in the final rule.
    We agree with the request to delegate to S/L/Ts the authority to 
approve alternatives to Sec.  63.463(d)(9), the requirement that each 
solvent cleaning machine and associated controls be maintained 
according to manufacturer's specifications. We are revising the 
proposed changes to this subpart to add the delegation of this 
authority.
7. Subpart X, National Emissions Standards for Hazardous Air Pollutants 
From Secondary Lead Smelting
    Proposed Rule. We restructured the work practices in Sec.  63.545 
to give S/L/Ts greater flexibility in approving alternatives that still 
meet the intent of the standard by adding a paragraph to explain that 
either the Administrator or delegated S/L/T authorities may approve 
alternatives to the fugitive dust reduction practices in Sec.  
63.545(c).
    To clarify which authorities are delegated, we added the 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec.  63.551. This section indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
Ts for the requirements in Sec. Sec.  63.541, and 63.543 through 
63.545(a) through (e). These sections contain the applicability 
provisions and emissions standards for process sources, process 
fugitive sources, and fugitive dust sources.
    Public Comments. We received one comment regarding the proposed 
revisions to this subpart. The commenter requested that EPA delegate 
the authority to approve alternatives to Sec.  63.545(a), the 
requirement for each owner or operator of a secondary lead smelter to 
prepare and operate according to a standard operating procedures 
manual.
    Final Rule. We agree with the comment that EPA should delegate the 
authority to approve alternatives to Sec.  63.545(a), the requirement 
for each owner or operator of a secondary lead smelter to prepare and 
operate according to a standard operating procedures manual. In fact, 
Sec.  63.545(b) already allows the source to submit the standard 
operating procedure manual to the Administrator or delegated authority 
for review and approval. We have revised the delegation provisions in 
new Sec.  63.551 to clarify that this authority is delegable.
8. Subpart DD, National Emission Standards for Hazardous Air Pollutants 
From Off-Site Waste and Recovery Operations
    Proposed Rule. Section 63.684, ``Standards for off-site material 
treatment,'' contains monitoring requirements, and Sec.  63.693, 
``Standards for closed-vent systems and control devices,'' contains 
monitoring and inspection requirements which are delegable authorities. 
We rephrased the language of Sec.  63.684(e)(1) to remove the 
monitoring and reporting requirements from that section. Those 
requirements were added to Sec.  63.695, ``Inspection and monitoring 
requirements'' in Sec.  63.695(e), with an introductory paragraph to 
match the format of the section in Sec.  63.695(a)(4). The continuous 
monitoring requirements and visual inspection requirements in Sec.  
63.693(b)(4)(i) and Sec.  63.693(c)(2)(ii) were also removed and placed 
in Sec.  63.695(c)(1)(ii)(C) and (D).
    To clarify which authorities can be delegated, we replaced the 
delegation provisions' language with the ``Implementation and 
enforcement'' section. This section indicates that delegation of 
authority to approve alternatives cannot be given to S/L/Ts for the 
requirements in Sec. Sec.  63.680, 63.684 through 63.691, and 63.693. 
These sections contain applicability provisions and the standards for 
off-site material treatment, tanks, oil-water and organic-water 
separators, surface impoundments, containers, transfer systems, process 
vents, equipment leaks, closed-vent systems, and control devices. In 
addition, this rule requires that affected sources meet specific 
requirements that are contained in other subparts. In the 
implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
provisions of the subpart that is referenced.
    Public Comments. We received one comment letter regarding the 
proposed revisions to this subpart. The commenter disagreed with our 
proposed text changes to this subpart. The commenter pointed out that 
the proposed changes to this subpart conflict with modifications made 
to this subpart on July 20, 1999 (64 FR 38970). More specifically, the 
commenter requested that we correct our proposal to modify Sec.  
63.693(b)(4)(i). In the proposal, we moved the continuous monitoring 
and visual inspection requirements in Sec.  63.693(b)(4)(i) to a new 
paragraph in Sec.  63.695(c)(1)(ii). The commenter indicated that this 
proposed revision is problematic because the paragraph following 
(b)(4)(i) is (b)(4)(ii), which is an alternate process to meeting the 
requirements of paragraph (b)(4)(i) which we proposed to eliminate. 
Another comment referred to the proposed changes to Sec.  63.695, the 
Inspection and monitoring requirements. We proposed to add introductory 
text to Sec.  63.695(e) that had already been added to the July 20, 
1999 modifications to this subpart, i.e., Sec.  63.695(e)(1)(i).
    Final Rule. We agree with the commenter. We inadvertently used an 
outdated version of this subpart to formulate our proposed revisions. 
As a result, our proposed revisions do not agree with the modifications 
made to this subpart on July 20, 1999.
    After evaluating the current version of Sec.  63.693(b)(4)(i), we 
determined that there is not any confusion remaining between the 
standards and otherwise delegable requirements. Thus, we are 
withdrawing our proposed changes to Sec.  63.693(b)(4). We are also 
withdrawing our proposed changes to Sec.  63.695(e), adding 
introductory text, because similar language already exists in Sec.  
63.695(e)(1)(i). We are retaining the rest of the proposed text changes 
to this subpart.
9. Subpart GG, National Emission Standards for Aerospace Manufacturing 
and Rework Facilities
    Proposed Rule. We restructured the work practices in Sec.  63.744 
to give S/L/Ts greater flexibility in approving alternatives by 
clarifying that either the Administrator or delegated S/L/Ts may 
approve alternatives to the cleaning operations measures in Sec.  
63.744(a).
    To clarify which authorities are delegated, we added the 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec.  63.759. This section indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
Ts for the requirements in Sec. Sec.  63.741, 63.743, 63.744(a)(1) 
through (3), 63.744(b) through (e), 63.745 through 63.748, and 
63.749(a). These sections contain the applicability provisions, 
cleaning, primer and top-coat application, depainting, chemical milling 
maskant application, and waste handling and storage standards, and the 
compliance dates for this rule.

[[Page 37341]]

    Public Comments. We received two comments regarding the proposed 
revisions to this subpart. The commenter asked that S/L/Ts be delegated 
the authority to approve alternatives to Sec.  63.746(b)(4)(iii)(A), 
the requirement to maintain the dry particulate filter system in good 
working order. Another comment requested that we delegate to S/L/Ts the 
authority to approve alternatives to Sec.  63.744(a)(3), the 
requirement to conduct the handling and transfer of cleaning solvents 
to or from enclosed systems * * * in such a manner to minimize spills.
    Final Rule. Section 63.746(b)(4)(iii)(A), the requirement to 
maintain the dry particulate filter system in good working order, is a 
work practice standard and, as described above, cannot be delegated to 
S/L/Ts. However, we believe this provision is written broadly enough to 
allow more than one approach to maintaining the dry particulate filter 
system in good working order. For example, the S/L/T could specify 
minimum and maximum pressure drop levels and filter replacement 
schedule to meet the intent of the ``maintain in good working order'' 
provision. Similarly, the requirement to conduct the handling and 
transfer of cleaning solvents to or from enclosed systems * * * in such 
a manner to minimize spills, Sec.  63.744(a)(3), is a work practice 
standard and it cannot be delegated to S/L/Ts. However, we believe this 
provision is written broadly enough to allow more than one approach to 
minimizing spills from the transfer of cleaning solvents. For example, 
the S/L/T could require implementation of this requirement in the form 
of a ``no visible leak'' provision (or numerous other specific 
requirements). Therefore, we are not revising the proposed changes to 
this subpart in today's rulemaking.
10. Subpart JJ, National Emission Standards for Wood Furniture 
Manufacturing Operations
    Proposed Rule. We clarified that Sec.  63.803(c), ``Work practice 
standards,'' contains reasonably separable requirements for an 
inspection and maintenance plan in Sec. Sec.  63.803(c)(1) through (4), 
that are not considered part of the standard and, thus, are delegable.
    To clarify which authorities are delegated, we replaced the 
delegation provisions' language with the ``Implementation and 
enforcement'' section. This section indicates that delegation of 
authority to approve alternatives cannot be given to S/L/Ts for the 
requirements in Sec. Sec.  63.802 and 63.803(a) through (b), (c) 
introductory text, and (d) through (l). These sections contain the 
standards for this rule. This section also shows that delegation of 
authority to approve alternatives cannot be given to S/L/Ts for the 
applicability provisions in Sec.  63.800. To retain the intent of the 
original delegation provisions in Sec.  63.808, the revised delegation 
section also reserves the monitoring and compliance assurance measures 
and test methods in Sec. Sec.  63.804(f)(4)(iv)(D) and (E), 
63.804(g)(4)(iii)(C), 63.804(g)(4)(vi), 63.804(g)(6)(vi), 63.805(a), 
63.805(d)(2)(v), and 63.805(e)(1).
    Public Comments. We received numerous public comments concerning 
the proposed revisions to this subpart. The commenter asked that S/L/Ts 
be delegated the authority to approve or disapprove alternatives to 
Sec.  63.803(c), which requires an owner or operator of a facility 
subject to this subpart to prepare and maintain an inspection and 
maintenance plan. The same commenter also asked that S/L/Ts be 
delegated the authority to approve or disapprove proposed alternatives 
to Sec.  63.803(a), which requires an owner or operator of a facility 
subject to this subpart to prepare and maintain a work practice 
implementation plan. The commenter added that ``[a] plan for 
implementing work practices may be unnecessary.'' Another comment was 
received concerning Sec.  63.803(l), which requires a formulation 
assessment plan for finishing operations. The commenter said that S/L/
Ts should have the authority to approve or disapprove alternatives to 
meet the intent of this provision. The commenter stated that S/L/Ts 
should be delegated the authority to approve or disapprove alternatives 
to Sec.  63.803(b), which requires all owners and operators of 
facilities subject to this subpart to ``train all new and existing 
personnel, including contract personnel, who are involved in finishing, 
gluing, cleaning, and washoff operations, use of manufacturing 
equipment, or implementation of the requirements of this subpart.'' 
Again, the commenter stated that S/L/Ts ``should be allowed to approve 
alternative mechanism(s) to meet the intent of the requirement.''
    Another comment was received concerning Sec.  63.803(d), the 
requirement for owner or operator of an affected source to develop an 
organic HAP solvent accounting form to record the quantity and type of 
organic HAP solvents used and other pertinent information regarding 
organic HAP solvent use. The commenter said that S/L/Ts ``should be 
allowed to approve alternative mechanism(s) to meet the intent of the 
requirement.'' Another comment concerned Sec.  63.803(l)(5), which 
requires the owner or operator to confer with the permitting authority 
to discuss the reason for the 15% increase (above the baseline level) 
of solvent use and whether there are practical and reasonable 
technology-based resolutions for the increase. Again, the commenter 
stated that S/L/Ts ``should be allowed to approve alternative 
mechanism(s) to meet the intent of the requirement.''
    Final Rule. The commenter is correct that there are several 
paragraphs in Sec.  63.803 that require the owner or operator to 
prepare a plan to implement the work practice standards. We have 
changed the final rule to clarify that the overall implementation plan 
in Sec.  63.803(a), the inspection and maintenance plan in Sec.  
63.803(c), and the formulation assessment plan in Sec.  63.803(l) are 
approvable by the S/L/Ts.
    We disagree with the commenter that the work practice 
implementation plan required by Sec.  63.803(a) may be unnecessary. 
This requirement is a work practice standard that ensures each owner or 
operator understands, plans for, and adequately implements the 
requirements in Sec. Sec.  63.803(b) through (l). The commenter also 
suggested several instances where S/L/Ts should have the ability to 
approve alternatives to the requirements specified in Sec.  63.803. 
With the exception of Sec. Sec.  63.803(c)(1) through (4), we cannot 
delegate this authority because the requirements are work practice 
standards. However, S/L/Ts have the authority to determine whether the 
criteria in Sec. Sec.  63.803 are met. For example, S/L/Ts cannot 
eliminate the requirement for operator training in Sec.  63.803(b). 
However, S/L/Ts approve a range of implementation options to satisfy 
the operator training requirements, such as (but not limited to) 
allowing wood furniture manufacturing staff to attend a general, state-
developed operator course.
11. Subpart LL, National Emission Standards for Primary Aluminum 
Reduction Plants.
    Proposed Rule. To clarify which authorities are delegated, we 
replaced the delegation provisions' language with the ``Implementation 
and enforcement'' section. This section now shows that delegation of 
authority to approve alternatives cannot be given to S/L/T agencies for 
the requirements in Sec. Sec.  63.840, 63.843 through 63.844, 63.845(b) 
through (e), (h) through (i), and 63.846. These sections contain the 
applicability provisions, emission standards for existing and new or 
reconstructed sources, standards for incorporation of new source 
performance standards for potroom groups, and emissions averaging 
provisions.

[[Page 37342]]

    Final Rule. We did not receive any public comments on the proposed 
changes to this rule. However, subsequent internal review revealed 
inconsistencies in the proposed delegation provisions compared to the 
original rule. Because this rule has been implemented in its current 
form for many years and is working well, we do not want to change the 
role of the regulatory authority in implementing the rule. Therefore, 
we have revised the delegation provisions in this final rule to ensure 
that they are consistent with the intent of the original rule.
12. Subpart VV, National Emission Standards for Oil-Water Separators 
and Organic-Water Separators
    Proposed Rule. We added the ``Implementation and enforcement'' 
section for the delegation provisions in a new section, Sec.  63.1050. 
This section indicates that delegation of authority to approve 
alternatives cannot be given to S/L/Ts for the requirements in 
Sec. Sec.  63.1040 and 63.1042 through 63.1044. These sections contain 
the applicability provisions, the emissions standards for separators 
with fixed and floating roofs, and those vented to a control device. 
This subpart also requires provisions of subpart DD to be followed. In 
the implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
provisions of subpart DD.
    Public Comments. We received one comment regarding the proposed 
changes to this subpart. The commenter requested that EPA delegate to 
S/L/Ts the authority to approve alternatives to Sec.  63.1043(b)(3), 
the requirement for each opening in a floating roof be equipped with a 
closure device that when secured, there are no visible cracks, holes, 
gaps, or other open spaces in the roof or closure device. The commenter 
added that S/L/Ts ``should be allowed to approve alternative using 
hydrocarbon analyzer or gap measurement technique.''
    Final Rule. We disagree with the comment that S/L/Ts should be 
delegated the authority to approve alternatives to Sec.  63.1043(b)(3), 
the requirement for each opening in a floating roof be equipped with a 
closure device that when secured, there are no visible cracks, holes, 
gaps, or other open spaces in the roof or closure device and, thus, 
have not delegated this requirement to S/L/Ts. This requirement is a 
work practice standard which, as described above, may not be delegated 
to S/L/Ts. This is also a case where we do not think there is 
flexibility in the standard to allow different implementation methods. 
This is because it is not clear that a gap measurement technique or use 
of a hydrocarbon analyzer or other leak detection technique is 
equivalent to the requirement to ensure there are no visible cracks, 
etc. For example, a gap measurement technique may imply that some 
degree of crack or gap would be acceptable which is counter to our 
interpretation of this requirement and, therefore, we would not 
consider this technique to be more stringent. Similarly, without a 
comparison of leaks expected to occur under a ``no visible crack'' 
requirement to the leak detection limits of individual equipment and a 
leak detection schedule, we cannot determine whether the substituted 
method would be at least equivalent to the current requirement.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) on the basis of the requirements of the Executive Order, in 
addition to its normal review requirements. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    These rule changes will not have an annual effect on the economy of 
$100 million or more, and therefore are not considered economically 
significant. In addition, we have determined that this rule is not a 
``significant regulatory action'' because it does not contain novel 
policy issues.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Today's rulemaking contains changes to rules that already have approved 
information collection requirements and valid OMB control numbers as 
required by the Paperwork Reduction Act. The changes in today's 
rulemaking are clarifications to the relationship between EPA and the 
S/L/Ts that have chosen to implement and enforce the rules. Therefore, 
there is no change in the burden that the rules impose on sources or S/
L/Ts.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purpose of collecting, validating, and 
verifying information; process and maintain information and disclose 
and provide information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
respond to a collection of information; search existing data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entity, small entity is defined as: (1) A small business as defined by 
the Small Business Administration: (2) A small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, we certify that this action will not have a significant 
economic impact

[[Page 37343]]

on a substantial number of small entities. This final rule will not 
impose any requirements on small entities. We believe that there will 
be little or no impact on small entities as a result of these rule 
revisions. State, local, and tribal governments are the only entities 
affected by this action and we expect that most or all of the 
governments which would have the authority to accept delegation under 
section 112(l) of the Act are those whose populations exceed 50,000 
persons and are thus, not considered ``small.'' In the case of tribal 
jurisdictions where population will not exceed 50,000 persons, we still 
believe that there will be little or no impact as a result of these 
revisions because none currently have air toxics programs. Furthermore, 
these rule revisions add flexibility and clarity to the existing NESHAP 
that these governments may choose to implement and enforce and, 
therefore, eases rather than imposes burdens.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on S/L/T governments and the 
private sector. Under section 202 of the UMRA, we generally must 
prepare a written statement, including a cost-benefit analysis, for 
proposed and final rules with ``Federal mandates'' that may result in 
expenditures to S/L/T governments, in the aggregate, or to the private 
sector of $100 million or more in any 1 year. Before promulgating an 
EPA rule for which a written statement is needed, section 205 of the 
UMRA generally requires us to identify and consider a reasonable number 
of regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives 
of the rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows us to 
adopt an alternative other than the least costly, most cost-effective, 
or least burdensome alternative if EPA publishes with the final rule an 
explanation why that alternative was not adopted. Before we establish 
any regulatory requirements that may significantly or uniquely affect 
small governments, including tribal governments, we must have developed 
under section 203 of the UMRA a small government agency plan. The plan 
must provide for notifying potentially affected small governments, 
enabling officials of affected small governments to have meaningful and 
timely input in the development of EPA regulations with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule changes contain no Federal mandates (under the 
regulatory provisions of title II of the UMRA) for S/L/T governments or 
the private sector. Because the rule is estimated to result in the 
expenditure by S/L/T governments of significantly less than $100 
million in any 1 year, we have not prepared a budgetary impact 
statement or specifically addressed the selection of the least costly, 
most effective, or least burdensome alternative. Because small 
governments will not be significantly or uniquely affected by this 
rule, we are not required to develop a plan with regard to small 
governments. Moreover, this action clarifies the relationship between 
EPA and the S/L/Ts who have voluntarily requested delegation of the 
part 63 NESHAP, so it does not impose any mandates on those entities. 
Therefore, the requirements of the Unfunded Mandates Reform Act do not 
apply to this action.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and Local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and Local governments or EPA 
consults with State and Local officials early in the process of 
developing the regulation. The EPA also may not issue a regulation that 
has federalism implications and that preempts State law, unless the 
Agency consults with State and Local officials early in the process of 
developing the regulation.
    The changes in today's rulemaking do not have federalism 
implications. They will not 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, 
because this rule only clarifies which portions of the existing NESHAP 
contain authorities that can be delegated to S/L/T governments and does 
not create any new requirements for S/L/Ts. In other words, this 
rulemaking only makes insignificant clarifications to existing NESHAP 
and is not expected to have any additional impact on the relationship 
between S/L/Ts and the Federal government. Thus, the requirements of 
section 6 of the Executive Order do not apply to today's rulemaking.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' We believe that this final 
rule does not have tribal implications as specified in Executive Order 
13175. Because it implements a voluntary program, today's rulemaking 
imposes no direct compliance costs on these communities. Thus, 
Executive Order 13175 does not apply to this rule. However, we did 
inform tribes of the final rulemaking through the Tribal Environmental 
Newsletter.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children From 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that: (1) Is determined to be ``economically 
significant'' as defined under Executive Order 12866; and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to the Executive Order because it is 
not economically significant as defined in

[[Page 37344]]

Executive Order 12866, and because the Agency does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children because we believe 
that this package as a whole will result in equal or better 
environmental protection than currently provided by the existing 
regulations, and do so in a more streamlined and effective manner.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law No. 104-113) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in their regulatory 
and procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to the Office of Management and Budget 
(OMB), with explanations when an agency does not use available and 
applicable voluntary consensus standards.
    The changes in today's rulemaking do not affect selection of 
technical standards that are contained in the existing subparts. 
Therefore, we are not considering the use of any voluntary consensus 
standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 requires that each Federal agency make 
achieving environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minorities and low-income populations.
    The EPA believes that today's rule should not raise any 
environmental justice issues. The intent of the rule is to clarify the 
delegation provisions in existing NESHAP and will not impact the 
emissions reductions provisions in these NESHAP. As a result, it 
appears unlikely that this program would permit any adverse effects on 
local populations. The EPA did not receive any public comments 
regarding this executive order.

K. Congressional Review Act

    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 
U.S. The 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 U.S. prior to 
publication of the rule in the Federal Register. A ``major rule'' 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is a ``major rule'' as defined by 5 U.S.C. 
section 804(2). This rule will be effective on August 22, 2003.

IV. Statutory Authority

    The statutory authority for this action is provided by sections 
101, 112, 114, 116, and 301 of the Act as amended (42 U.S.C. 7401, 
7412, 7414, 7416, and 7601). This rulemaking is also subject to section 
307(d) of the Act (42 U.S.C. 7407(d)).

V. Judicial Review

    Under section 307(b)(1) of the Act, judicial review of these final 
rules are available only by the filing of a petition for review in the 
U.S. Court of Appeals for the District of Columbia Circuit by August 
22, 2003. Any such judicial review is limited to only those objections 
that are raised with reasonable specificity in timely comments. Under 
section 307(b)(2) of the Act, the requirements that are the subject of 
this final rule may not be challenged later in civil or criminal 
proceedings brought by us to enforce these requirements.

List of Subjects in 40 CFR Part 63

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

    Dated: May 29, 2003.
Christine Todd Whitman,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter 1 of the 
Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart F--[Amended]

0
2. Section 63.106 is revised to read as follows:


Sec.  63.106  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Sec. Sec.  63.100, 
63.102, and 63.104. Where these standards reference another subpart, 
the cited provisions will be delegated according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart G--[Amended]

0
3. Section 63.153 is added to Subpart G to read as follows:

[[Page 37345]]

Sec.  63.153  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.110, 63.112 through 63.113, 63.119, 63.126, 63.132 through 63.140, 
63.148 through 63.149, and 63.150(i)(1) through (4). Follow the 
requirements in Sec.  63.121 to request permission to use an 
alternative means of emission limitation for storage vessels. Where 
these standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart. Where these standards reference another subpart and modify the 
requirements, the requirements shall be modified as described in this 
subpart. Delegation of the modified requirements will also occur 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart H--[Amended]

0
4. Section 63.162 is amended by revising paragraph (f)(1) to read as 
follows:


Sec.  63.162  Standards: General.

* * * * *
    (f) * * *
    (1) Clearly identify the leaking equipment.
* * * * *

0
5. Section 63.181 is amended by adding paragraph (b)(10) to read as 
follows:


Sec.  63.181  Recordkeeping requirements.

* * * * *
    (b) * * *
    (10) For any leaks detected as specified in Sec. Sec.  63.163 and 
63.164; Sec. Sec.  63.168 and 63.169; and Sec. Sec.  63.172 through 
63.174 of this subpart, a weatherproof and readily visible 
identification, marked with the equipment identification number, shall 
be attached to the leaking equipment.
* * * * *

0
6. Section 63.183 is added to Subpart H to read as follows:


Sec.  63.183  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.160, 63.162 through 63.176, 63.178 through 63.179. Follow the 
applicable procedures of Sec.  63.177 to request an alternative means 
of emission limitation for batch processes and enclosed-vented process 
units. Where these standards reference another subpart, the cited 
provisions will be delegated according to the delegation provisions of 
the referenced subpart. Where these standards reference another subpart 
and modify the requirements, the requirements shall be modified as 
described in this subpart. Delegation of the modified requirements will 
also occur according to the delegation provisions of the referenced 
subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart I--[Amended]

0
7. Section 63.193 is revised to read as follows:


Sec.  63.193  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.190 and 63.192(a) through (b), (e), and (h) through (j). Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart L--[Amended]

0
8. Section 63.306 is amended by revising paragraphs (a) introductory 
text, (a)(1), (a)(2), and (d) to read as follows.

[[Page 37346]]

Sec.  63.306  Work practice standards.

    (a) Work practice plan. On or before November 15, 1993, each owner 
or operator shall prepare and submit a written emission control work 
practice plan for each coke oven battery. The plan shall be designed to 
achieve compliance with visible emission limitations for coke oven 
doors, topside port lids, offtake systems, and charging operations 
under this subpart, or, for a coke oven battery not subject to visible 
emission limitations under this subpart, other federally enforceable 
visible emission limitations for these emission points.
    (1) The work practice plan must address each of the topics 
specified in paragraph (b) of this section in sufficient detail and 
with sufficient specificity to allow the reviewing authority to 
evaluate the plan for completeness and enforceability.
    (2) The initial plan and any revisions shall be submitted to the 
Administrator or the delegated State, local, or Tribal authority. The 
Administrator (or delegated State, local, or Tribal authority) may 
require revisions to the initial plan only where the Administrator (or 
delegated State, local, or Tribal authority) finds either that the plan 
does not address each subject area listed in paragraph (b) of this 
section for each emission point subject to a visible emission standard 
under this subpart, or that the plan in unenforceable because it 
contains requirements that are unclear.
* * * * *
    (d) Revisions to plan. Revisions to the work practice emission 
control plan will be governed by the provisions in this paragraph (d) 
and in paragraph (a)(2) of this section. The reviewing authority is the 
Administrator or the delegated State, local, or Tribal authority.
    (1) The reviewing authority may request the owner or operator to 
review and revise as needed the work practice emission control plan for 
a particular emission point if there are 2 exceedances of the 
applicable visible emission limitation in the 6-month period that 
starts 30 days after the owner or operator is required to implement 
work practices under paragraph (c) of this section. In the case of a 
coke oven battery subject to visual emission limitations under this 
subpart, the second exceedance must be independent of the criteria in 
paragraph (c)(1)((i) of this section.
    (2) The reviewing authority may not request the owner or operator 
to review and revise the plan more than twice in any 12 consecutive 
month period for any particular emission point unless the reviewing 
authority disapproves the plan according to the provisions in paragraph 
(d)(6) of this section.
    (3) If the certified observer calculates that a second exceedance 
(or, if applicable, a second independent exceedance) has occurred, the 
certified observer shall notify the owner or operator. No later than 10 
days after receipt of such a notification, the owner or operator shall 
notify the reviewing authority of any finding of whether work practices 
are related to the cause or the solution of the problem. The 
notification is subject to review by the reviewing authority according 
to the provisions in paragraph (d)(6) of this section.
    (4) The owner or operator shall submit a revised work practice plan 
within 60 days of notification from the reviewing authority under 
paragraph (d)(1) of this section, unless the reviewing authority grants 
an extension of time to submit the revised plan.
    (5) If the reviewing authority requires a plan revision, the 
reviewing authority may require the plan to address a subject area or 
areas in addition to those in paragraph (b) of this section, if the 
reviewing authority determines that without plan coverage of such an 
additional subject area, there is a reasonable probability of further 
exceedances of the visible emission limitation for the emission point 
for which a plan revision is required.
    (6) The reviewing authority may disapprove a plan revision required 
under paragraph (d) of this section if the reviewing authority 
determines that the revised plan is inadequate to prevent exceedances 
of the visible emission limitation under this subpart for the emission 
point for which a plan revision is required or, in the case of a 
battery not subject to visual emission limitations under this subpart, 
other federally enforceable emission limitations for such emission 
point. The reviewing authority may also disapprove the finding that may 
be submitted pursuant to paragraph (d)(3) of this section if the 
reviewing authority determines that a revised plan is needed to prevent 
exceedances of the applicable visible emission limitations.

0
9. Section 63.309 is amended by revising paragraph (a)(5)(i) to read as 
follows:


Sec.  63.309  Performance tests and procedures.

    (a) * * *
    (5)(i) The EPA shall be the enforcement agency during any period of 
time that a delegation of enforcement authority is not in effect or a 
withdrawal of enforcement authority under Sec.  63.313 is in effect, 
and the Administrator is responsible for performing the inspections 
required by this section, pursuant to Sec.  63.313(c).
* * * * *

0
10. Section 63.313 is revised to read as follows:


Sec.  63.313  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (d) of this section are 
retained by the Administrator and cannot be transferred to the State, 
local, or Tribal agency.
    (c) Withdrawal of authority:
    (1) Whenever the Administrator learns that a delegated agency has 
not fully carried out the inspections and performance tests required 
under Sec.  63.309 for each applicable emission point of each battery 
each day, the Administrator shall immediately notify the agency. Unless 
the delegated agency demonstrates to the Administrator's satisfaction 
within 15 days of notification that the agency is consistently carrying 
out the inspections and performance tests required under Sec.  63.309 
in the manner specified in the preceding sentence, the Administrator 
shall notify the coke oven battery owner or operator that inspections 
and performance tests shall be carried out according to Sec.  
63.309(a)(5). When the Administrator determines that the delegated 
agency is prepared to consistently perform all the required inspections 
and performance tests each day, the Administrator shall give the coke 
oven battery owner or operator at least 15 days notice that 
implementation will revert to the previously delegated agency.
    (2) In addition to the provisions in paragraph (c)(1) of this 
section, the Administrator may also withdraw delegation of authority 
pursuant to the provisions of Sec.  63.96 of subpart E of this part.
    (d) The authorities that cannot be delegated to State, local, or 
Tribal

[[Page 37347]]

agencies are as specified in paragraphs (d)(1) through (5) of this 
section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.300 and 63.302 through 63.308 (except the authorities in 
63.306(a)(2) and (d)).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of any changes to section 2 of Method 303 in appendix 
A of this part.
    (4) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart M--[Amended]

0
11. Section 63.326 is added to Subpart M to read as follows:


Sec.  63.326  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.320 and 63.322(a) through (j). Follow the requirements in Sec.  
63.325 to demonstrate that alternative equipment or procedures are 
equivalent to the requirements of Sec.  63.322.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart N--[Amended]

0
12. Section 63.342 is amended:
0
a. By revising paragraph (f) introductory text.
0
b. Revising paragraph (f)(3)(i) introductory text.
0
c. Revising paragraphs (f)(3)(i)(B) and (C).
0
d. Revising the headings for Table 1 and its columns.
0
The revisions read as follows:


Sec.  63.342  Standards.

* * * * *
    (f) Operation and maintenance practices. All owners or operators 
subject to the standards in paragraphs (c) and (d) of this section are 
subject to these operation and maintenance practices.
* * * * *
    (3) Operation and maintenance plan.
    (i) The owner or operator of an affected source subject to 
paragraph (f) of this section shall prepare an operation and 
maintenance plan to be implemented no later than the compliance date, 
except for hard chromium electroplaters and the chromium anodizing 
operations in California which have until January 25, 1998. The plan 
shall be incorporated by reference into the source's title V permit, if 
and when a title V permit is required. The plan shall include the 
following elements:
* * * * *
    (B) For sources using an add-on control device or monitoring 
equipment to comply with this subpart, the plan shall incorporate the 
operation and maintenance practices for that device or monitoring 
equipment, as identified in Table 1 of this section, if the specific 
equipment used is identified in Table 1 of this section;
    (C) If the specific equipment used is not identified in Table 1 of 
this section, the plan shall incorporate proposed operation and 
maintenance practices. These proposed operation and maintenance 
practices shall be submitted for approval as part of the submittal 
required under Sec.  63.343(d);
* * * * *

     Table 1 to Sec.   63.342.--Summary of Operation and Maintenance
                                Practices
------------------------------------------------------------------------
                                  Operation and
      Control technique            maintenance            Frequency
                                    practices
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------

0
13. Section 63.343 is amended by revising paragraph (d) to read as 
follows:


Sec.  63.343  Compliance provisions.

* * * * *
    (d) An owner or operator who uses an air pollution control device 
not listed in this section shall submit a description of the device, 
test results collected in accordance with Sec.  63.344(c) verifying the 
performance of the device for reducing chromium emissions to the 
atmosphere to the level required by this subpart, a copy of the 
operation and maintenance plan referenced in Sec.  63.342(f) including 
operation and maintenance practices, and appropriate operating 
parameters that will be monitored to establish continuous compliance 
with the standards. The monitoring plan submitted identifying the 
continuous compliance monitoring is subject to the Administrator's 
approval.

0
14. Section 63.348 is added to Subpart N to read as follows:


Sec.  63.348  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.

[[Page 37348]]

    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.340, 63.342(a) through (e) and (g), and 63.343(a).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart O--[Amended]

0
15. Section 63.368 is added to Subpart O to read as follows:


Sec.  63.368  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.360 and 63.362.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart Q--[Amended]

0
16. Section 63.407 is added to Subpart Q to read as follows:


Sec.  63.407  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.400 and 63.402 through 63.403.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart R--[Amended]

0
17. Section 63.429 is revised to read as follows:


Sec.  63.429  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.420, 63.422 through 63.423, and 63.424. Any owner or operator 
requesting to use an alternative means of emission limitation for 
storage vessels covered by Sec.  63.423 must follow the procedures in 
Sec.  63.426.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart, 
and any alternatives to Sec.  63.427(a)(1) through (4) per Sec.  
63.427(a)(5).
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart S--[Amended]

0
18. Section 63.450 is amended by revising paragraph (d)(1) to read as 
follows:


Sec.  63.450  Standards for enclosures and closed-vent systems.

* * * * *
    (d) * * *
    (1) On each bypass line, the owner or operator shall install, 
calibrate, maintain, and operate according to the manufacturer's 
specifications a flow indicator that is capable of taking periodic 
readings as frequently as specified in Sec.  63.454(e). The flow 
indicator shall be installed in the bypass line in such a way as to 
indicate flow in the bypass line; or
* * * * *

0
19. Section 63.454 is amended by revising paragraph (e) to read as 
follows:


Sec.  63.454  Recordkeeping requirements.

* * * * *
    (e) The owner or operator shall set the flow indicator on each 
bypass line specified in Sec.  63.450(d)(1) to provide a record of the 
presence of gas stream flow in the bypass line at least once every 15 
minutes.
* * * * *

0
20. Section 63.458 is revised to read as follows:


Sec.  63.458  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency.

[[Page 37349]]

If the U.S. EPA Administrator has delegated authority to a State, 
local, or Tribal agency, then that agency, in addition to the U.S. EPA, 
has the authority to implement and enforce this subpart. Contact the 
applicable U.S. EPA Regional Office to find out if this subpart is 
delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.440, 63.443 through 63.447 and 63.450. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) Approval of alternatives to using Sec. Sec.  63.457(b)(5)(iii), 
63.457(c)(3)(ii) through (iii), and 63.257(c)(5)(ii), and any major 
alternatives to test methods under Sec.  63.7(e)(2)(ii) and (f), as 
defined in Sec.  63.90, and as required in this subpart.
    (3) Approval of alternatives using Sec.  64.453(m) and any major 
alternatives to monitoring under Sec.  63.8(f), as defined in Sec.  
63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart T--[Amended]

0
21. Section 63.460 is amended by removing and reserving paragraph (f).

0
22. Section 63.462 is amended by adding paragraph (e) to read as 
follows:


Sec.  63.462  Batch cold cleaning machine standards.

* * * * *
    (e) Each owner or operator subject to the requirements of paragraph 
(c)(1) through (8) of this section may request to use measures other 
than those described in these paragraphs. The owner or operator must 
demonstrate to the Administrator (or delegated State, local, or Tribal 
authority) that the alternative measures will result in equivalent or 
better emissions control compared to the measures described in 
paragraphs (c)(1) through (8) of this section. For example, storing 
solvent and solvent-laden materials in an enclosed area that is 
ventilated to a solvent recovery or destruction device may be 
considered an acceptable alternative.

0
23. Section 63.463 is amended by revising paragraph (e)(2)(ix)(B) to 
read as follows:


Sec.  63.463  Batch vapor and in-line cleaning machine standards.

* * * * *
    (e) * * *
    (2) * * *
    (ix) * * *
    (B) Conduct the weekly monitoring required by Sec.  63.466(a)(3). 
Record the results required by Sec.  63.467(a)(6).
* * * * *

0
24. Section 63.467 is amended by revising paragraph (a)(6) to read as 
follows:


Sec.  63.467  Recordkeeping requirements.

    (a) * * *
    (6) If a squeegee system is used to comply with these standards, 
records of the test required by Sec.  63.466(f) to determine the 
maximum product throughput for the squeegees and records of both the 
weekly monitoring required by Sec.  63.466(a)(3) for visual inspection 
and the length of continuous web product cleaned during the previous 
week.
* * * * *

0
25. Section 63.470 is added to Subpart T to read as follows:


Sec.  63.470  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.460, 63.462(a) through (d), and 63.463 through 63.464 (except for 
the authorities in Sec.  63.463(d)(9)). Use the procedures in Sec.  
63.469 to request the use of alternative equipment or procedures.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart U--[Amended]

0
26. Section 63.507 is added to Subpart U to read as follows:


Sec.  63.507  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.480 through 63.481, 63.483(a) through (c), 63.484, 63.485(a) through 
(k), (m) through (s), (u), 63.486 through 63.487, 63.488(a), (b)(1) 
through (4), (5)(iv) through (v), (6) through (7), (c) through (i), 
63.493 through 63.494, 63.500(a)(1) through (3), (b), 63.501, 63.502(a) 
through (f), (i), (k) through (m), and 63.503. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart. Where 
these standards reference another subpart and modify the requirements, 
the requirements shall be modified as described in this subpart. 
Delegation of the modified requirements will also occur according to 
the delegation provisions of the referenced subpart.

[[Page 37350]]

    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart W--[Amended]

0
27. Section 63.529 is added to Subpart W to read as follows:


Sec.  63.529  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.520, 63.521, 63.523, and 63.524. Where these standards reference 
another rule, the cited provisions in that rule will be delegated 
according to the delegation provisions of that rule.
    (2) Approval of major alternatives to test methods for under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart X--[Amended]

0
28. Section 63.545 is amended by revising paragraph (c) introductory 
text and adding paragraph (f) to read as follows:


Sec.  63.545  Standards for fugitive dust sources.

* * * * *
    (c) The controls specified in the standard operating procedures 
manual shall at a minimum include the requirements of paragraphs (c)(1) 
through (c)(5) of this section, unless the owner or operator satisfies 
the requirements in paragraph (f) of this section.
* * * * *
    (f) Demonstrate to the Administrator (or delegated State, local, or 
Tribal authority) that an alternative measure(s) is equivalent or 
better than a practice(s) described in paragraphs (c)(1) through (c)(5) 
of this section.

0
29. Section 63.551 is added to Subpart X to read as follows:


Sec.  63.551  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.541, 63.543 through 63.544, 63.545(a) and (c) through (e), and 
63.546.
    (2) Approval of major alternatives to test methods for under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart Y--[Amended]

0
30. Section 63.562 is amended by removing paragraph (d)(3).

0
31. Section 63.567 is amended by adding paragraph (l) to read as 
follows:


Sec.  63.567  Recordkeeping and reporting requirements.

* * * * *
    (l) The owner or operator of the VMT source required by Sec.  
63.562(d)(2)(iv) to develop a program, shall submit annual reports on 
or before January 31 of each year to the Administrator certifying the 
annual average daily loading rate for the previous calendar year. 
Beginning on January 31, 1996, for the reported year 1995, the annual 
report shall specify the annual average daily loading rate over all 
loading berths. Beginning on January 31, 1999, for the reported year 
1998, the annual report shall specify the annual average daily loading 
rate over all loading berths, over each loading berth equipped with a 
vapor collection system and control device, and over each loading berth 
not equipped with a vapor collection system and control device. The 
annual average daily loading rate under this section is calculated as 
the total amount of crude oil loaded during the calendar year divided 
by 365 days or 366 days, as appropriate.

0
32.-33. Section 63.568 is added to Subpart Y to read as follows:


Sec.  63.568  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.560 and 63.562(a) through (d).
    (2) Approval of major alternatives to test methods for under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.

[[Page 37351]]

    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart AA--[Amended]

0
34. Section 63.611 is added to Subpart AA to read as follows:


Sec.  63.611  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.600, 63.602 through 63.604, and 63.609 through 63.610.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart BB--[Amended]

0
35. Section 63.632 is added to Subpart BB to read as follows:


Sec.  63.632  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.620, 63.622 through 63.624, and 63.629 through 63.631.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart CC--[Amended]

0
36. Section 63.655 is added to Subpart CC to read as follows:


Sec.  63.655  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.640, 63.642(g) through (l), 63.643, and 63.646 through 63.652. Where 
these standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart. Where these standards reference another subpart and modify the 
requirements, the requirements shall be modified as described in this 
subpart. Delegation of the modified requirements will also occur 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart DD--[Amended]

0
37. Section 63.684 is amended by revising paragraph (e)(1) to read as 
follows:


Sec.  63.684  Standards: Off-Site material treatment.

* * * * *
    (e) * * *
    (1) A continuous monitoring system shall be installed and operated 
for each treatment that measures operating parameters appropriate for 
the treatment process technology. This system shall include a 
continuous recorder that records the measured values of the selected 
operating parameters. The monitoring equipment shall be installed, 
calibrated, and maintained in accordance with the equipment 
manufacturer's specifications. The continuous recorder shall be a data 
recording device that is capable of recording either an instantaneous 
data value at least once every 15 minutes or an average value for 
intervals of 15 minutes or less.
* * * * *

0
38. Section 63.693 is amended by revising paragraph (c)(2)(ii) to read 
as follows:


Sec.  63.693  Standards: closed-vent systems and control devices.

* * * * *
    (c) * * *
    (2) * * *
    (ii) If a seal or locking device is used to comply with paragraph 
(c)(2) of this section, the device shall be placed on the mechanism by 
which the bypass

[[Page 37352]]

device position is controlled (e.g., valve handle, damper lever) when 
the bypass device is in the closed position such that the bypass device 
cannot be opened without breaking the seal or removing the lock. 
Examples of such devices include, but are not limited to, a car-seal or 
a lock-and-key configuration valve.
* * * * *
0
39. Section 63.695 is amended by revising paragraph (a)(4) and adding 
paragraphs (c)(1)(ii)(C) and (D) to read as follows:


Sec.  63.695  Inspection and monitoring requirements.

* * * * *
    (a) * * *
    (4) To monitor and record off-site material treatment processes for 
compliance with the standards specified in 63.684(e), the monitoring 
procedures are specified in paragraph (e) of this section.
* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (C) The continuous monitoring system required by Sec.  
63.693(b)(4)(i) shall monitor and record either an instantaneous data 
value at least once every 15 minutes or an average value for intervals 
of 15 minutes or less.
    (D) The owner or operator shall visually inspect the seal or 
closure mechanism required by Sec.  63.693(c)(2)(ii) at least once 
every month to verify that the bypass mechanism is maintained in the 
closed position.
* * * * *

0
40. Section 63.698 is revised to read as follows:


Sec.  63.698  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.680, 63.683 through 63.691, and 63.693. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart EE--[Amended]

0
41. Section 63.708 is revised to read as follows:


Sec.  63.708  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.701 and 63.703.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart GG--[Amended]

0
42. Section 63.744 is amended:
0
a. By revising the first sentence of paragraph (a)(1).
0
b. By revising paragraph (a)(2).
0
c. Adding paragraph (a)(4).
    The revisions and addition read as follows:


Sec.  63.744  Standards: Cleaning operations.

    (a) * * *
    (1) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, place used solvent-laden cloth, 
paper, or any other absorbent applicators used for cleaning in bags or 
other closed containers. * * *
    (2) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, store fresh and spent cleaning 
solvents, except semi-aqueous solvent cleaners, used in aerospace 
cleaning operations in closed containers.
* * * * *
    (4) Demonstrate to the Administrator (or delegated State, local, or 
Tribal authority) that equivalent or better alternative measures are in 
place compared to the use of closed containers for the solvent-laden 
materials described in paragraph (a)(1) of this section, or the storage 
of solvents described in paragraph (a)(2) of this section.
* * * * *

0
43. Section 63.759 is added to Subpart GG to read as follows:


Sec.  63.759  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.

[[Page 37353]]

    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.741, 63.743, 63.744(a)(3), (b) through (e), 63.745 through 63.748, 
and 63.649(a).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart HH--[Amended]

0
44. Section 63.771 is amended by revising paragraphs (c)(3)(i)(A) and 
(B) to read as follows:


Sec.  63.771  Control equipment requirements.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (A) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, properly install, 
calibrate, maintain, and operate a flow indicator that is capable of 
taking periodic readings and sounding an alarm when the bypass device 
is open such that the stream is being, or could be, diverted away from 
the control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the 
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
* * * * *

0
45. Section 63.773 is amended by revising paragraph (c)(2) introductory 
text and adding paragraph (c)(2)(iv) to read as follows:


Sec.  63.773  Inspection and monitoring requirements.

* * * * *
    (c) * * *
    (2) Except as provided in paragraphs (c)(5) and (6) of this 
section, each closed-vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (c)(2)(i) and (ii) of 
this section, each cover shall be inspected according to the procedures 
and schedule specified in paragraph (c)(2)(iii) of this section, and 
each bypass device shall be inspected according to the procedures of 
paragraph (c)(2)(iv) of this section.
* * * * *
    (iv) For each bypass device, except as provided for in Sec.  
63.771(c)(3)(ii), the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the steam 
away from the control device to the atmosphere, set the flow indicator 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, visually inspect the seal or closure 
mechanism at least once every month to verify that the valve is 
maintained in the non-diverting position and the vent stream is not 
diverted through the bypass device.
* * * * *
0
46. Section 63.776 is revised to read as follows:


Sec.  63.776  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.760, 63.764 through 63.766, 63.769, 63.771, and 63.777.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart II--[Amended]

0
47. Section 63.789 is added to Subpart II to read as follows:


Sec.  63.789  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.780 through 63.781, and 63.783 through 63.784.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart JJ--[Amended]

0
48. Section 63.803 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.803  Work practice standards.

* * * * *
    (a) Work practice implementation plan.
    (1) Each owner or operator of an affected source subject to this 
subpart shall prepare and maintain a written work practice 
implementation plan that defines environmentally desirable work 
practices for each wood furniture operation manufacturing operation and 
addresses each of the work practice standards presented in paragraphs 
(b) through (l) of this section. The plan shall be developed no more 
than 60 days after the compliance date.
    (2) The written work practice implementation plan shall be 
available for inspection by the Administrator (or delegated State, 
local, or Tribal authority) upon request. If the Administrator (or 
delegated State, local, or Tribal authority) determines that the work 
practice implementation plan does not include sufficient mechanisms for

[[Page 37354]]

ensuring that the work practice standards are being implemented, the 
Administrator (or delegated State, local, or Tribal authority) may 
require the affected source to modify the plan. Revisions or 
modifications to the plan do not require a revision of the source's 
Title V permit.
    (3) The inspection and maintenance plan required by paragraph (c) 
of this section and the formulation assessment plan for finishing 
operations required by paragraph (l) of this section are also 
reviewable by the Administrator (or delegated State, local, or Tribal 
authority).
* * * * *

0
49. Section 63.808 is revised to read as follows:


Sec.  63.808  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.800, 63.802, and 63.803(a)(1), (b), (c) introductory text, and (d) 
through (l).
    (2) Approval of alternatives to the monitoring and compliance 
requirements in Sec. Sec.  63.804(f)(4)(iv)(D) and (E), 
63.804(g)(4)(iii)(C), 63.804(g)(4)(vi), and 63.804(g)(6)(vi).
    (3) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart, as well as approval of any alternatives to the specific 
test methods under Sec. Sec.  63.805(a), 63.805(d)(2)(v), and 
63.805(e)(1).
    (4) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart KK--[Amended]

0
50. Section 63.831 is revised to read as follows:


Sec.  63.831  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.820 through 63.821 and 63.823 through 63.826.
    (2) Approval of alternatives to the test method for organic HAP 
content determination in Sec.  63.827(b) and alternatives to the test 
method for volatile matter in Sec.  63.827(c), and major alternatives 
to other test methods under Sec.  63.7(e)(2)(ii) and (f), as defined in 
Sec.  63.90, and as required in this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart LL--[Amended]

0
51. Section 63.853 is revised to read as follows:


Sec.  63.853  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this regulation. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.840, 63.843 (with the exception of 63.843(b)(3)), 63.844, 63.845(a) 
introductory text, (a)(1), (b) through (e), (h), 63.846(a) through (c), 
and 63.847(a)(1) and (4).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart OO--[Amended]

0
52. Section 63.908 is added to Subpart OO to read as follows:


Sec.  63.908  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.900 and 63.902.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and

[[Page 37355]]

(f), as defined in Sec.  63.90, and as required in this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart PP--[Amended]

0
53. Section 63.929 is added to Subpart PP to read as follows:


Sec.  63.929  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.920 and 63.922 through 63.924. Where these standards reference 
another subpart, the cited provisions will be delegated according to 
the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart QQ--[Amended]

0
54. Section 63.949 is added to Subpart QQ to read as follows:


Sec.  63.949  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.940, 63.942, and 63.943. Where these standards reference subpart DD, 
the cited provisions will be delegated according to the delegation 
provisions of subpart DD.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart RR--[Amended]

0
55. Section 63.967 is added to Subpart RR to read as follows:


Sec.  63.967  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.960 and 63.962. Where these standards reference subpart DD, the 
cited provisions will be delegated according to the delegation 
provisions subpart DD of this part.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart VV--[Amended]

0
56. Section 63.1050 is added to Subpart VV to read as follows:


Sec.  63.1050  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1040 and 63.1042 through 63.1045. Where these standards reference 
subpart DD, the cited provisions will be delegated according to the 
delegation provisions of subpart DD of this part.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.

[[Page 37356]]

    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart CCC--[Amended]

0
57. Section 63.1166 is revised to read as follows:


Sec.  63.1166  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (8) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1155, 63.1157 through 63.1159, and 63.1160(a).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of any alternative measurement methods for HCl and 
CL2 to those specified in Sec.  63.1161(d)(1).
    (4) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (5) Approval of any alternative monitoring requirements to those 
specified in Sec. Sec.  63.1162(a)(2) through (5) and 63.1162(b)(1) 
through (3).
    (6) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.
    (7) Waiver of recordkeeping requirements specified in Sec.  
63.1165.
    (8) Approval of an alternative schedule for conducting performance 
tests to the requirement specified in Sec.  63.1162(a)(1).

Subpart DDD--[Amended]

0
58. Section 63.1195 is revised to read as follows:


Sec.  63.1195  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1177 through 63.1180.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart EEE--[Amended]

0
59. Section 63.1214 is added to Subpart EEE to read as follows:


Sec.  63.1214  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Sec. Sec.  63.1200, 
63.1203 through 63.1205, and 63.1206(a).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart GGG--[Amended]

0
60. Section 63.1261 is revised to read as follows:


Sec.  63.1261  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1250 and 63.1252 through 63.1256. Where these standards reference 
another subpart, the cited provisions will be delegated according to 
the delegation provisions of the referenced subpart.

[[Page 37357]]

    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart HHH--[Amended]

0
61. Section 63.1281 is amended by revising paragraphs (c)(3)(i)(A) and 
(B) to read as follows:


Sec.  63.1281  Control equipment requirements.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (A) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, properly install, 
calibrate, maintain, and operate a flow indicator that is capable of 
taking periodic readings and sounding an alarm when the bypass device 
is open such that the stream is being, or could be, diverted away from 
the control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the 
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
* * * * *

0
62. Section 13.1283 is amended by revising paragraph (c)(2) 
introductory text and adding paragraph (c)(2)(iii) to read as follows:


Sec.  63.1283  Inspection and monitoring requirements.

* * * * *
    (c) * * *
    (2) Except as provided in paragraphs (c)(5) and (6) of this 
section, each closed-vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (c)(2)(i) and (ii) of 
this section and each bypass device shall be inspected according to the 
procedures of (c)(2)(iii) of this section.
* * * * *
    (iii) For each bypass device, except as provided for in Sec.  
63.1281(c)(3)(ii), the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the steam 
away from the control device to the atmosphere, set the flow indicator 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, visually inspect the seal or closure 
mechanism at least once every month to verify that the valve is 
maintained in the non-diverting position and the vent stream is not 
diverted through the bypass device.
* * * * *

0
63. Section 63.1286 is revised to read as follows:


Sec.  63.1286  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1270, 63.1274 through 63.1275, 63.1281, and 63.1287.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart III--[Amended]

0
64. Section 63.1309 is revised to read as follows:


Sec.  63.1309  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1290, 63.1291, 63.1293 through 63.1301, and 63.1305.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of alternatives to the specific monitoring 
requirements of Sec.  63.1303(b)(5).
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart JJJ--[Amended]

0
65. Section 63.1336 is added to Subpart JJJ to read as follows:


Sec.  63.1336  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal

[[Page 37358]]

agencies are as specified in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1310 through 63.1311, 63.1313 through 63.1315(a)(1) through (9), 
(11) through (18), (b) through (e), 63.1316, 63.1321 through 63.1322, 
63.1323(a), (b)(1) through (4), (b)(5)(iv) through (v), (b)(6) through 
(7), (c) through (j), and 63.1328 through 63.1332. Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart. Where these standards reference another subpart and modify the 
requirements, the requirements shall be modified as described in this 
subpart. Delegation of the modified requirements will also occur 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods for under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart LLL--[Amended]

0
66. Section 63.1358 is revised to read as follows:


Sec.  63.1358  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1340, 63.1342 through 63.1348, and 63.1351.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart MMM--[Amended]

0
67. Section 63.1362 is amended by revising paragraphs (j)(1) and (j)(2) 
to read as follows:


Sec.  63.1362  Standards.

* * * * *
    (j) * * *
    (1) Install, calibrate, maintain, and operate a flow indicator that 
is capable of determining whether vent stream flow is present and 
taking frequent, periodic readings. Records shall be maintained as 
specified in Sec.  63.1367(f)(1). The flow indicator shall be installed 
at the entrance to any bypass line that could divert the vent stream 
away from the control device to the atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or lock-and-key type configuration. Records shall be maintained as 
specified in Sec.  63.1367(f)(2).
* * * * *

0
68. Section 63.1366 is amended by revising paragraph (b)(1)(xiii) to 
read as follows:


Sec.  63.1366  Monitoring and inspection requirements.

* * * * *
    (b) * * *
    (1) * * *
    (xiii) Closed-vent system visual inspections. The owner or operator 
shall comply with the requirements in either paragraph (b)(1)(xiii)(A) 
or (B) of this section:
    (A) Set the flow indicator at the entrance to any bypass line that 
could divert the stream away from the control device to the atmosphere 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the closed position with a car-seal or lock-and-
key type configuration, visually inspect the seal or closure mechanism 
at least once every month to verify that the valve is maintained in the 
closed position and the vent stream is not diverted through the bypass 
line.
* * * * *

0
69. Section 63.1369 is revised to read as follows:


Sec.  63.1369  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1360 and 63.1362 through 63.1364. Where these standards reference 
another subpart, the cited provisions will be delegated according to 
the delegation provisions of the referenced subpart. Where these 
standards reference another subpart and modify the requirements, the 
requirements shall be modified as described in this subpart. Delegation 
of the modified requirements will also occur according to the 
delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods for under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart NNN--[Amended]

0
70. Section 63.1388 is added to Subpart NNN to read as follows:


Sec.  63.1388  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has

[[Page 37359]]

delegated authority to a State, local, or Tribal agency, then that 
agency, in addition to the U.S. EPA, has the authority to implement and 
enforce this subpart. Contact the applicable U.S. EPA Regional Office 
to find out if implementation and enforcement of this subpart is 
delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1380, 63., and 63.1387.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart OOO--[Amended]

0
71. Section 63.1419 is revised to read as follows:


Sec.  63.1419  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1400 through 63.1401 and 63.1404 through 63.1410. Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart. Where these standards reference another subpart and modify the 
requirements, the requirements shall be modified as described in this 
subpart. Delegation of the modified requirements will also occur 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart PPP--[Amended]

0
72. Section 63.1421 is revised to read as follows:


Sec.  63.1421  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1420, 63.1422, 63.1424 through 63.1428, and 63.1432 through 63.1436. 
Where these standards reference another subpart, the cited provisions 
will be delegated according to the delegation provisions of the 
referenced subpart. Where these standards reference another subpart and 
modify the requirements, the requirements shall be modified as 
described in this subpart. Delegation of the modified requirements will 
also occur according to the delegation provisions of the referenced 
subpart.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart RRR--[Amended]

0
73. Section 63.1519 is revised to read as follows:


Sec.  63.1519  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this regulation. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
regulation to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1500 through 63.1501 and 63.1505 through 63.1506.
    (2) Approval of major alternatives to test methods for under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

[[Page 37360]]

Subpart TTT--[Amended]

0
74. Section 63.1550 is revised to read as follows:


Sec.  63.1550  Implementation and enforcement.

    (a) This subpart will be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1541, 63.1543(a) through (c), (f) through (g), and 63.1544 through 
63.1545.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart VVV--[Amended]

0
75. Section 63.1594 is revised to read as follows:


Sec.  63.1594  Who enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.1580, 63.1583 through 63.1584, and 63.1586 through 63.1587.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

Subpart XXX--[Amended]

0
76. Section 63.1661 is revised to read as follows:


Sec.  63.1661  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or Tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or Tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or Tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
Tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Sec. Sec.  63.1650 
and 63.1652 through 63.1654.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in 
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in 
this subpart.

[FR Doc. 03-14190 Filed 6-20-03; 8:45 am]
BILLING CODE 6560-50-P