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

Related Material

Other Related Documents

[Federal Register: August 18, 1999 (Volume 64, Number 159)]
[Proposed Rules]
[Page 45115-45120]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au99-27]

[[Page 45115]]

_______________________________________________________________________

Part VIII

Environmental Protection Agency

_______________________________________________________________________

40 CFR Part 63

[[Page 45116]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6419-4]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed amendments.

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

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

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

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

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

SUPPLEMENTARY INFORMATION:

Submitting Electronic Comments

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

Technology Transfer Network

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

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

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

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

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

[[Page 45117]]

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

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

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

II. What Is the Purpose of These Amendments?

The purpose of these amendments is to extend the deadline for
certain area sources to submit applications for title V operating
permits. The Act requires sources subject to standards or regulations
under section 112 to obtain title V operating permits, but allows us to
exempt nonmajor sources from the requirement to obtain operating
permits if we determine through rulemaking that compliance with such
requirements is impracticable, infeasible, or unnecessarily burdensome
on such categories. See section 502(a) of the Act. Under section 112 of
the Act, such nonmajor sources are termed ``area sources.'' See CAA
section 112(a)(2).¹
---------------------------------------------------------------------------

\1\ Generally, an area source under section 112 is a source
whose potential to emit air pollutants is below the levels that
define a major source. A ``major source'' under section 112 is any
source that emits or has the potential to emit at least 10 tons per
year of an individual hazardous air pollutant (HAP) or at least 25
tons per year of a combination of HAP (or such lesser quantity, or
different criteria in the case of radionuclides, as established by
the Administrator). You should consult section 112(a)(1) and (2) of
the Act, and 40 CFR 63.2 to determine if you have a area source.
---------------------------------------------------------------------------

When we issue standards or other requirements under section 112 of
the Act, we determine whether to exempt any or all area sources from
the requirement to obtain a title V permit at the time that the new
standard is promulgated for a particular source category. See 40 CFR
70.3(b)(2), 40 CFR 71.3(b)(2), and 63.1(c)(2). Our general provisions
implementing section 112 provide that unless we explicitly exempt or
defer area sources subject to a MACT standard from the permitting
requirement, they must obtain operating permits. See 40 CFR
63.1(c)(2)(iii).
Since the Act allows an exemption from the permitting requirements,
we interpret it to allow a temporary exemption (i.e., a deferral) of
those requirements. We previously allowed permitting authorities to
defer permitting for area sources subject to five NESHAP (59 FR 61801,
December 2, 1994; 60 FR 29484, June 5, 1995; 61 FR 27785, June 3, 1996,
and 64 FR 4570, January 29, 1999).² Those provisions will
expire December 9, 1999. The source categories for which we deferred
title V operating permit requirements for area sources were: hard and
decorative chromium electroplating and chromium anodizing tanks,
ethylene oxide commercial sterilization and fumigation operations,
perchloroethylene dry cleaning facilities, secondary lead smelting
facilities, and halogenated solvent cleaning machines. As we approach
this December 9, 1999 expiration date, the conditions prompting the
allowance for previous deferrals have not changed. We are, therefore,
proposing to extend the deferral provisions for the NESHAP for an
additional 5 years.
---------------------------------------------------------------------------

\2\ In this rulemaking, we continue to rely upon the rationale
provided in the prior rulemakings, in addition to the rationale
discussed in today's action, and in the action extending the
deferral for halogenated solvent cleaning machines to part 71 (64 FR
37683; July 13, 1999).
---------------------------------------------------------------------------

The proposed amendments have been written in ``plain language,'' as
directed in President Clinton's June 1, 1998, Executive Memorandum on
Plain Language in Government Writing. While we believe the proposed
language improves the understandability of the current language, the
intent and meaning of the text is unchanged.

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

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

[[Page 45118]]

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

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

A. Docket

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

B. Executive Order 12866

Under Executive Order 12866 (58 FR 51735; October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management (OMB) review and the
requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that these proposed amendments do not
qualify as a ``significant regulatory action'' under the terms of
Executive Order 12866 and, therefore, are not subject to review by OMB.

C. Executive Order 12875

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

D. Executive Order 13084

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

[[Page 45119]]

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

E. Unfunded Mandates Reform Act

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

F. Regulatory Flexibility Act

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

G. Paperwork Reduction Act

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

H. Executive Order 13045

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

I. National Technology Transfer and Advancement Act

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

[[Page 45120]]

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

List of Subjects in 40 CFR Part 63

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

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

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

PART 63--[AMENDED]

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

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

Subpart M--[Amended]

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

Sec. 63.320 Applicability.

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

Subpart N--[Amended]

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

Sec. 63.340 Applicability and designation of sources.

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

Subpart O--[Amended]

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

Sec. 63.360 Applicability.

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

Subpart T--[Amended]

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

Sec. 63.468 Reporting requirements.

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

Subpart X--[Amended]

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

Sec. 63.541 Applicability.

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

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

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