[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Rules and Regulations]
[Pages 50116-50124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24202]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[DE001-1001; FRL-7056-7]
Approval of Section 112(l) Authority for Hazardous Air
Pollutants; State of Delaware; Department of Natural Resources and
Environmental Control
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve the Delaware
Department of Natural Resources and Environmental Control's (DNREC's)
request to implement and enforce its hazardous air pollutant general
provisions and hazardous air pollutant emission standards for
perchloroethylene dry cleaning facilities, hard and decorative chromium
electroplating and chromium anodizing tanks, and industrial process
cooling towers in place of similar Federal requirements set forth in
the Code of Federal Regulations. This approval includes granting
authority to DNREC to implement and enforce any future amendments to
these provisions and standards that EPA promulgates and DNREC adopts
unchanged into its regulations. EPA is not waiving its notification and
reporting requirements under this approval; therefore, sources will
need to send notifications and reports to both DNREC and EPA. EPA is
taking this action in accordance with the Clean Air Act (CAA).
DATES: This direct final rule will be effective December 3, 2001 unless
EPA receives adverse or critical comments by November 1, 2001. If
adverse comment is received, EPA will publish a timely withdrawal of
the rule in the Federal Register and inform the public that the rule
will not take effect. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register as of December 3, 2001.
ADDRESSES: Written comments on this action should be sent concurrently
to: Makeba A. Morris, Chief, Permits and Technical Assessment Branch,
Mail Code 3AP11, Air Protection Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029 and
Robert Taggart, Delaware Department of Natural Resources and
Environmental Control, Division of Air and Waste Management, 715
Grantham Lane, New Castle, DE 19720. Copies of the documents relevant
to this action are available for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103; the Air and Radiation Docket and Information
Center, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC 20460; and the Delaware Department of Natural Resources
& Environmental Control, Division of Air and Waste Management, 715
Grantham Lane, New Castle, DE 19720.
FOR FURTHER INFORMATION CONTACT: Dianne J. McNally, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street (3AP11), Philadelphia, PA
19103-2029, [email protected] (telephone 215-814-3297).
SUPPLEMENTARY INFORMATION:
I. Background
The Environmental Protection Agency (EPA) promulgated the General
Provisions for the National Emission Standards for Hazardous Air
Pollutants (NESHAPs) on March 16, 1994 (59 FR 12430) and subsequently
amended these regulations on April 22, 1994 (59 FR 19453), December 6,
1994 (59 FR 62589), January 25, 1995 (60 FR 4963), June 27, 1995 (60 FR
33122), September 1, 1995 (60 FR 45980), May 21, 1996 (61 FR 25399),
December 17, 1996 (61 FR
[[Page 50117]]
66227), December 10, 1997 (62 FR 65024), May 4, 1998 (63 FR 24444), May
13, 1998 (63 FR 26465), September 21, 1998 (63 FR 50326), October 7,
1998 (63 FR 53996), December 1, 1998 (63 FR 66061), January 28, 1999
(64 FR 4300), February 12, 1999 (64 FR 7467), April 12, 1999 (64 FR
17562) and June 10, 1999 (64 FR 31375).
The General Provisions, located in 40 CFR part 63, subpart A,
codify general procedures and criteria to implement the emission
standards located in 40 CFR part 63 for sources of hazardous air
pollutants. The amendments made by EPA after September 21, 1998 were
not codified into the July 1, 1998 version of 40 CFR part 63, subpart A
which DNREC used in developing its regulation (see section II. and III.
of this rulemaking). These amendments include the incorporation by
reference of test methods and other material cited in the
pharmaceuticals production emission standard (40 CFR part 63, subpart
GGG), the flexible polyurethane foam production emission standard (40
CFR part 63, subpart III), the phosphoric acid manufacturing and
phosphate fertilizers production plant emission standards (40 CFR part
63, subparts AA and BB) and the pulp and paper industry emission
standard (40 CFR part 63, subpart S), as well as information related to
the approval of California's drycleaner regulation and the delegation
of emission standards to the State of Washington. These amendments also
include changes to 40 CFR 63.8 through 63.10 to allow for reduced
monitoring, notification, recordkeeping and reporting requirements for
owners or operators using continuous emission monitoring systems
(CEMS).
EPA promulgated the NESHAP for perchloroethylene dry cleaning
facilities on September 22, 1993 (58 FR 49354) and subsequently amended
this regulation on June 3, 1996 (61 FR 27785), May 21, 1996 (61 FR
25397) and December 14, 1999 (64 FR 69637). This regulation is located
in 40 CFR part 63, subpart M.
EPA promulgated the NESHAP for chromium emissions from hard and
decorative chromium electroplating and chromium anodizing tanks on
January 25, 1995 (60 FR 4948) and subsequently amended this regulation
on June 27, 1995 (60 FR 33122), June 3, 1996 (61 FR 27785), August 11,
1997 (62 FR 42918), and December 14, 1999 (64 FR 69637). This
regulation is located in 40 CFR part 63, subpart N.
EPA promulgated the NESHAP for industrial cooling towers on
September 8, 1994 (59 FR 46339). This regulation is located in 40 CFR
part 63, subpart Q.
Section 112(l) of the CAA and 40 CFR 63.91 and 63.92 authorize EPA
to approve of State rules and programs to be implemented and enforced
in place of certain CAA requirements, including the NESHAP requirements
in 40 CFR part 63. EPA promulgated the program approval regulations on
November 26, 1993 (58 FR 62262) and subsequently amended these
regulations on September 14, 2000 (65 FR 55810). An approvable State
program must contain, among other criteria, the following elements:
(a) A demonstration of the state's authority and resources to
implement and enforce regulations that are at least as stringent as the
NESHAP requirements;
(b) A schedule demonstrating expeditious implementation of the
regulation; and
(c) A plan that assures expeditious compliance by all sources
subject to the regulation.
On March 6, 2000, DNREC requested EPA's approval of its hazardous
air pollutant general provisions and hazardous air pollutant emission
standards for perchloroethylene dry cleaning facilities, hard and
decorative chromium electroplating and chromium anodizing tanks, and
industrial process cooling towers to be implemented and enforced in
place of 40 CFR part 63, subparts A, M, N and Q, respectively. On
September 22, 2000, DNREC provided supplemental information for its
request.
II. DNREC's Regulations
A. Hazardous Air Pollutant General Provisions
In 1998, DNREC adopted, with changes, the provisions of Secs. 63.1
through 63.15 of 40 CFR part 63, subpart A, dated July 1, 1997. The
DNREC's rule was established as subpart A in Regulation No. 38 of the
State of Delaware's ``Regulations Governing the Control of Air
Pollution.'' Regulation No. 38 is entitled ``Emission Standards for
Hazardous Air Pollutants for Source Categories.'' In 1999, DNREC
amended this regulation to conform to several amendments that EPA made
to Secs. 63.11 and 63.14 of its regulation and codified in 40 CFR part
63, subpart A, dated July 1, 1998. The DNREC's regulation became
effective on September 11, 1999. In summary, DNREC made the following
changes from the Federal regulation:
(1) Added a definition for ``Department,'' meaning ``the Department
of Natural Resources and Environmental Control, as defined in Title 29,
Delaware Code, Chapter 80, as amended'';
(2) Redefined ``permitting authority'' to mean ``Department'';
(3) Removed the reference to the State in the definition of
``Administrator'';
(4) Replaced the terms ``Administrator,'' ``Administrator or by a
State with an approved permit program,'' ``Administrator (or a State
with an approved permit program),'' ``Administrator (or the State with
an approved permit program),'' ``Administrator (or a State)'' and
``Administrator (or the State)'' with ``Department'' or ``Administrator
or Department,'' where appropriate;
(5) Replaced references to the Federal title V permit program and
approval dates with Delaware's title V state operating permit program
under Regulation 30 of the State of Delaware ``Regulations Governing
the Control of Air Pollution'' and its interim approval date, January
3, 1996;
(6) Replaced Federal language with language more appropriate for a
State rule by including references to DNREC's permit programs under
Regulation 2, 25, and 30, removing references to ``in all States,''
``in that State'' and ``a State'' throughout the text, and defining
``Act'' as the Federal Clean Air Act, dated November 15, 1990;
(7) Modified the Federal language to require that the owner or
operator refrain from conducting a performance test or a performance
evaluation which uses an alternative test method or alternative
monitoring method, approved by the Administrator, until after the
Department has approved of the site-specific test plan or performance
evaluation plan;
(8) Modified the Federal language to allow an extension of up to 60
calendar days after approval of the site-specific test plan or
performance evaluation plan to conduct the performance test or
performance evaluation if the site-specific test plan or performance
evaluation plan is not approved by the Department within 30 days before
the test or evaluation is scheduled to begin;
(9) Modified the Federal language to state that the Administrator's
determination of an adequate validation of an alternative test method
will occur upon approval of the use of the alternative test method;
(10) Required copies of requests for alternative monitoring
methods, petitions for relative accuracy test substitutions, petitions
for adjustments to opacity emission standards, and proposed test plans
or results of testing or monitoring required for approval of
alternative nonopacity emission standards to be submitted to both the
Administrator and the Department;
[[Page 50118]]
(11) Modified the Federal language to note that owners or operators
subject to this regulation may also be required to not only obtain a
permit, but also revise or amend such permit;
(12) Removed the sentence referencing sources subject to 40 CFR
part 60 or part 61 in the definition of affected source;
(13) Included a reference to Secs. 63.5(b)(3) in 63.5(b)(4);
(14) Included references to DNREC's enforcement authority under 7
Del. C., Chapter 60, DNREC's monitoring, recordkeeping and reporting
authority under Regulation 17 of the State of Delaware ``Regulations
Governing the Control of Air Pollutants,'' and DNREC's confidentiality
authority under 7 Del. C., Chapter 60 and 29 Del. C. , Chapter 100,
Section 10002(d), where appropriate;
(15) Modified the Federal language so that sources that intend to
reconstruct an area source such that the source becomes a major
affected source must obtain prior written approval and are subject to
the same notification requirements as major sources intending to
reconstruct; and
(16) Replaced the requirement to keep the record of an
applicability determination for a period of 5 years to a period of the
life of the source.
As stated in section I. of this rulemaking, DNREC's regulation was
adopted prior to the changes that EPA made to its regulation on and
after September 21, 1998. These changes, therefore, are not included in
the Delaware regulation. These changes, described in section I. of this
rulemaking, do not impact the stringency of DNREC's regulation and,
thus, do not alter EPA's decision to approve of DNREC's rules (see
EPA's analysis in section III. of this rulemaking).
B. DNREC's Hazardous Air Pollutant Emission Standard for
Perchloroethylene Dry Cleaning Facilities
In 1999, DNREC adopted, with changes, the provisions of
Secs. 63.320 through 63.325 of 40 CFR part 63, subpart M. The DNREC's
rule was established as subpart M in Regulation No. 38 of the State of
Delaware's ``Regulations Governing the Control of Air Pollution.''
Regulation No. 38 is entitled ``Emission Standards for Hazardous Air
Pollutants for Source Categories.'' In 2000, DNREC amended this
regulation to conform with an amendment that EPA made to Sec. 63.320 of
its regulation. The DNREC's amended regulation became effective on
October 11, 2000. In summary, DNREC made the following changes from the
Federal regulation:
(1) Added a definition for ``Department,'' meaning ``the Department
of Natural Resources and Environmental Control, as defined in Title 29,
Delaware Code, Chapter 80, as amended'';
(2) Removed the reference to the State in the definition of
``Administrator'';
(3) Replaced the terms ``Administrator,'' ``applicable title V
permitting authority,'' and ``Administrator or delegated State
authority'' with ``Department,'' where appropriate;
(4) Replaced references to the Federal title V permit program with
Delaware's title V state operating permit program under Regulation 30
of the State of Delaware ``Regulations Governing the Control of Air
Pollution'';
(5) Replaced the Federal regulation's compliance dates with the
original effective date of the state regulation, June 30, 1999;
(6) Specified the date of the expiration of the title V permit
deferral for area sources as December 9, 2004 and the date by which
these sources must submit their title V permit applications as December
9, 2005;
(7) Required copies of requests for use of equivalent emission
control technology to be submitted to both the Administrator and the
Department;
(8) Removed redundant references in the applicability section of
the rule, 40 CFR 63.320(c);
(9) Added work practice (pollution prevention), notification,
recordkeeping and reporting requirements for coin-operated dry cleaning
machines;
(10) Added title V permitting requirements for coin-operated
drycleaning machines located at an affected major source;
(11) Added requirements for dry cleaning facilities that have
existing dry-to-dry machines only or both existing dry-to-dry machines
and transfer machines and that consume less than 530 liters (140
gallons) of perchloroethylene per year to repair leaks within 24 hours
of discovery;
(12) Added requirements for dry cleaning facilities that have
transfer machines only and that consume less than 760 liters (200
gallons) of perchloroethylene per year to repair leaks within 24 hours
of discovery;
(13) Added requirements for sources using carbon adsorbers on room
enclosures to measure the perchloroethylene concentration in the
exhaust at least weekly;
(14) Redefined ``diverter valve'' to mean both a ``flow control
device'' and ``flow control devices'';
(15) Added requirements for dry cleaning facilities that have
existing dry-to-dry machines only or both existing dry-to-dry machines
and transfer machines to notify the Department if the perchloroethylene
consumption meets or exceeds 530 liters (140 gallons) in any 12 month
period;
(16) Added requirements for dry cleaning facilities that have
transfer machines only to notify to notify the Department if the
perchloroethylene consumption meets or exceeds 760 liters (200 gallons)
in any 12 month period; and
(17) Added a review procedure for the Department to follow in the
event that any dry cleaning facility exceeds its annual
perchloroethylene consumption rates, as established in the
applicability section of the regulation, potentially requiring that
facility to adhere to more stringent control requirements.
C. DNREC's Hazardous Air Pollutant Emission Standards for Hard and
Decorative Chromium Electroplating and Chromium Anodizing Tanks
In 1999, DNREC adopted, with changes, the provisions of
Secs. 63.340 through 63.347 of 40 CFR part 63, subpart N. The DNREC's
rule was established as subpart N in Regulation No. 38 of the State of
Delaware's ``Regulations Governing the Control of Air Pollution.''
Regulation No. 38 is entitled ``Emission Standards for Hazardous Air
Pollutants for Source Categories.'' In 2000, DNREC amended this
regulation to conform with an amendment that EPA made to 40 CFR 63.340
of its regulation. The DNREC's amended regulation became effective on
October 11, 2000. In summary, DNREC made the following changes from the
Federal regulation:
(1) Replaced the terms ``Administrator'' and ``applicable title V
permitting authority'' with ``Department,'' where appropriate;
(2) Replaced references to the Federal title V permit program with
Delaware's title V state operating permit program under Regulation 30
of the State of Delaware ``Regulations Governing the Control of Air
Pollution'' and its minor new source construction and modification
permitting program under Regulation 2 of the State of Delaware
``Regulations Governing the Control of Air Pollution,'' where
appropriate;
(3) Replaced the Federal regulation's compliance dates with the
original effective date of the state regulation, September 11, 1999 and
remove irrelevant or expired compliance dates, where appropriate;
(4) Specified the date of the expiration of the title V permit
deferral for area
[[Page 50119]]
sources as December 9, 2004 and the date by which these sources must
submit their title V permit application as December 9, 2005;
(5) Changed the term ``part'' in the Federal rule to ``regulation''
when referring to subpart A (General Provisions) of 40 CFR part 63;
(6) Changed ``Table 1 to Sec. 63.432'' to ``Table 342-1 to Sec.
63.342'' and changed ``Table 1 to subpart N of part 63'' to ``Table 1
of subpart N of Regulation 38'';
(7) Removed references to operations in California;
(8) Required copies of proposed work practice standards,
alternative air pollution device descriptions, notifications of
compliance status and performance test results to be submitted to both
the Administrator and the Department;
(9) Removed irrelevant language pertaining to compliance extension
requests in both the text of the rule and Table 342-1, which refers to
applicable sections of the General Provisions;
(10) Referenced the test methods of 40 CFR part 63, appendix A,
where appropriate;
(11) Clarified language to require an owner or operator of an area
source who constructs or reconstructs a new source to submit a
notification to the Department and for an owner or operator of a major
source who constructs or reconstructs a new source to submit an
application for approval of construction or reconstruction to the
Department and, if appropriate, an application under Delaware's
Regulation 2; and
(12) Added minor clarifying language and corrected typographical
errors, where appropriate.
D. DNREC's Hazardous Air Pollutant Emission Standards for Industrial
Process Cooling Towers
In 1999, DNREC adopted, with changes, the provisions of
Secs. 63.400 through 63.406 of 40 CFR part 63, subpart Q. The DNREC's
rule was established as subpart Q in Regulation No. 38 of the State of
Delaware's ``Regulations Governing the Control of Air Pollution.''
Regulation No. 38 is entitled ``Emission Standards for Hazardous Air
Pollutants for Source Categories.'' The DNREC's regulation became
effective on May 11, 1998. In summary, DNREC made the following changes
from the Federal regulation:
(1) Replaced the term ``Administrator'' with ``Department'' and
removed references to ``delegated authority,'' where appropriate;
(2) Replaced references to the Federal title V permit program with
Delaware's title V state operating permit program under Regulation 30
of the State of Delaware ``Regulations Governing the Control of Air
Pollution';
(3) Replaced the Federal regulation's compliance dates with the
original effective date of the state regulation, May 11, 1998; and
(4) Included references to DNREC's analysis and data collection
authority under Regulation 17 of the State of Delaware ``Regulations
Governing the Control of Air Pollutants.''
III. EPA's Analysis of DNREC's Submittal and Regulations
Based upon DNREC's program approval request and its pertinent laws
and regulations, EPA has determined that such an approval is
appropriate in that DNREC has satisfied the criteria of 40 CFR 63.91
and 63.92. In accordance with 40 CFR 63.91(d)(3)(i), DNREC submitted a
written finding by the State Attorney General which demonstrates that
the State has the necessary legal authority to implement and enforce
its regulations, including the enforcement authorities which meet 40
CFR 70.11, the authority to request information from regulated sources
and the authority to inspect sources and records to determine
compliance status. In accordance with 40 CFR 63.91(d)(3)(ii), DNREC
submitted copies of its statutes, regulations and requirements that
grant DNREC the authority to implement and enforce the regulations. In
accordance with 40 CFR 63.91(d)(3)(iii)-(v), DNREC submitted
documentation of adequate resources and a schedule and plan to assure
expeditious State implementation and compliance by all sources. In
accordance with 40 CFR 63.92(b)(1), DNREC submitted a demonstration of
adequate public notice and opportunity to submit written comments on
its regulations. The requirements of 40 CFR 63.92(b)(2)-(3), requiring
a demonstration of regulations no less stringent than the Federal
regulations, are described in detail in sections III.(A)-(D), below.
Therefore, the DNREC program has adequate and effective authorities,
resources, and procedures in place for implementation and enforcement
of sources subject to the requirements of 40 CFR part 63, subparts A,
M, N and Q. The DNREC has the primary authority and responsibility to
carry out all elements of these programs for all sources covered in
Delaware, including on-site inspections, record keeping reviews, and
enforcement.
A. Hazardous Air Pollutant General Provisions
EPA has determined that subpart A in Regulation No. 38 of the State
of Delaware's ``Regulations Governing the Control of Air Pollution'' is
more stringent than the General Provisions in 40 CFR part 63, subpart A
and, therefore, can be approved as equivalent to the Federal regulation
in accordance with the rule substitution provisions of 40 CFR 63.91 and
63.92. The DNREC's regulation incorporates most of EPA's regulation
with some changes. Most of these changes meet the definition of ``minor
editorial, formatting, and other nonsubstantive changes,'' as described
in 40 CFR 63.92(b)(3)(ix). These nonsubstantive changes include:
(1) Adding or modifying the definitions of ``Department,''
``permitting authority,'' ``Act,'' ``Administrator'' and ``affected
source'';
(2) Replacing references to ``Administrator'' with ``Department'';
(3) Replacing references to the title V program with references to
Delaware's Regulation 30;
(4) Eliminating references to applicability of the regulation in
other states;
(5) Including references to Delaware's Regulation 2, 25, and 30,
which are the regulations governing permitting of sources in Delaware,
where appropriate;
(6) Removing the general references to ``States'' in the Federal
regulation;
(7) Providing clarification that the application for approval of
construction or reconstruction can be used to fulfill the notification
requirements for all facilities which are constructing a new major
source or reconstructing any source;
(8) Including references to DNREC's enforcement, monitoring,
recordkeeping and reporting and confidentiality authority under the
relevant State statutes and regulations;
(9) Clarifying that owners or operators refrain from conducting a
performance test or evaluation which uses an alternative test or
monitoring method until after the Department has approved of the site-
specific test or performance evaluation plan;
(10) Modifying the Federal language to state that the
Administrator's determination of an adequate validation of an
alternative test method will occur upon approval of the use of the
alternative test method; and
(11) Allowing an extension of up to 60 days after the approval of a
site-specific test or performance evaluation plan to conduct the
performance test or evaluation if the plan is not approved by the
Department within 30 days before the test is scheduled to begin.
[[Page 50120]]
None of these changes decrease the stringency of the regulation
when compared to the Federal regulation. These changes improve the
clarity of the regulation by either adding terms or references,
redefining terms, eliminating unnecessary references or slightly
modifying procedures. For example, in the Federal regulation, a
performance test or evaluation which uses an alternative test or
monitoring method cannot be conducted until after the site-specific
test or performance evaluation plan (which includes the approval of the
alternative test method) is deemed acceptable by the Administrator.
Because major alternative test and monitoring methods can only be
approved by the EPA Administrator, per 40 CFR 63.91(g)(2), DNREC, in
its regulation, separated the approval of the alternative test or
monitoring method and the approval of the site-specific test or
evaluation plan into two distinct procedures. Therefore, once the
alternative test or monitoring method is approved by either EPA, in the
case of major alternatives, or the Department, in the case of minor or
intermediate alternatives, the site-specific test or performance
evaluation plan can be subsequently approved by the Department. These
changes clarify the intent of the regulation but do not decrease the
stringency.
The DNREC regulation includes changes from the Federal regulation
which meet the definition of adjustments by ``increasing the frequency
of required reporting, testing, sampling or monitoring,'' as described
in 40 CFR 63.92(b)(3)(iv). These changes include:
(1) Requiring that copies of requests for alternative monitoring
methods, petitions for relative accuracy test substitutions, petitions
for adjustments to opacity emission standards and proposed test plans
or results of testing or monitoring required for approval of
alternative nonopacity emission standards be submitted to both the
Administrator and the Department;
(2) Noting that owners and operators may be required to not only
obtain a permit but to also revise or amend such permit;
(3) Requiring that the record of an applicability determination be
retained for the life of the source; and
(4) Requiring that reconstructed area sources obtain prior written
approval and be subject to the same notification requirements as major
sources intending to reconstruct.
These changes are clearly more stringent than the Federal
regulation. The Federal regulation requires that copies of certain
requests, petitions and plans be submitted only to EPA. The DNREC's
regulation requires the submission of these documents to both EPA and
DNREC. The Federal regulation notes that owner or operators may need to
obtain a permit, while DNREC's regulation notes that owners or
operators may need to obtain, revise or amend a permit. The Federal
regulation requires that a record of applicability determination be
retained for 5 years while DNREC's regulation requires that this record
be retained for the life of the source. The Federal regulation requires
that major sources which reconstruct obtain prior written approval
while DNREC's regulation requires that both major and area sources
which reconstruct obtain prior written approval.
As stated earlier, DNREC's regulation does not include all of the
modifications that EPA made to its regulation since July 1, 1998. These
changes, described in section III. of this rulemaking, do not impact
the stringency of DNREC's regulation and, thus, do not alter EPA's
decision to approve of DNREC's rules. Most of these changes are not
relevant to this rulemaking because they involve the incorporation of
test methods and other material which are pertinent to emission
standards and program approvals which are not addressed by this
rulemaking. One amendment, however, allows for reduced monitoring,
notification, recordkeeping and reporting requirements for owners or
operators using continuous emission monitoring systems (CEMS). Because
DNREC did not incorporate this change into its regulation, the DNREC
regulation is clearly more stringent than the Federal regulation.
B. DNREC's Hazardous Air Pollutant Emission Standard for
Perchloroethylene Dry Cleaning Facilities
EPA has determined that subpart M in Regulation No. 38 of the State
of Delaware's ``Regulations Governing the Control of Air Pollution'' is
more stringent than the National Perchloroethylene Air Emission
Standards for Dry Cleaning Facilities in 40 CFR part 63, subpart M and,
therefore, can be approved as equivalent to the Federal regulation in
accordance with the rule substitution provisions of 40 CFR 63.91 and
63.92. The DNREC's regulation incorporates most of EPA's regulation
with some changes. Most of these changes meet the definition of ``minor
editorial, formatting, and other nonsubstantive changes,'' as described
in 40 CFR 63.92(b)(3)(ix). These nonsubstantive changes include:
(1) Adding or modifying the definitions of ``Department,''
``diverter valve'' and ``Administrator';
(2) Replacing references to ``Administrator,'' ``applicable title V
permitting authority'' and ``Administrator or delegated authority''
with ``Department';
(3) Removing redundant references in the applicability section of
the rule;
(4) Replacing references to the title V program with references to
Delaware's Regulation 30;
(5) Replacing the Federal regulation's compliance date with the
original effective date of the state regulation;
(6) Specifying the exact date of the title V permit deferral for
area sources and the exact due date for permit applications for these
sources; and
(7) Adding a review procedure for the Department to follow in the
event that any dry cleaning facility exceeds the annual
perchloroethylene consumption rates established in the rule.
None of these changes decrease the stringency of the regulation
when compared to the Federal regulation. These changes improve the
clarity of the regulation by either adding terms or references,
redefining terms, eliminating unnecessary references or providing
guidance on how the Department may address exceedances of the
perchloroethylene limits established in the rule. The review procedure
added in DNREC's regulation follows EPA's policy memo, entitled
``Guidance Concerning Implementation of National Emission Standards for
Hazardous Air Pollutants for Perchloroethylene Dry Cleaning
Facilities,'' dated May 20, 1996. The review procedure allows the
Department to evaluate the cause of an exceedance of an annual
perchloroethylene consumption rate before requiring more stringent
control requirements. Because this review procedure does not exempt
sources from more stringent control requirements if an exceedance
occurs, but only outlines how the Department may evaluate these
exceedances, this addition to the regulation is no less stringent than
the Federal regulation.
The DNREC regulation includes changes from the Federal regulation
which meet the definition of adjustments by ``increasing the frequency
of required reporting, testing, sampling or monitoring,'' as described
in 40 CFR 63.92(b)(3)(iv). These changes include:
(1) Requiring that copies of requests for use of an equivalent
emission control technology be submitted to both the Administrator and
the Department;
(2) Requiring that sources using carbon adsorbers on room
enclosures
[[Page 50121]]
measure the perchloroethylene concentration in the exhaust at least
weekly;
(3) Requiring drycleaning facilities that have only existing dry-
to-dry machines or both existing dry-to-dry machines and transfer
machines and that consume less than 530 liters of perchloroethylene per
year to notify the Department if the perchloroethylene consumption
meets or exceeds 530 liters in any 12 month period; and
(4) Requiring drycleaning facilities that have only transfer
machines and that consume less than 760 liters of perchloroethylene per
year to notify the Department if the perchloroethylene consumption
meets or exceeds 760 liters in any 12 month period.
These changes are clearly more stringent than the Federal
regulation. The Federal regulation requires copies of requests to use
equivalent emission control technology only be submitted to EPA. The
DNREC's regulation requires the submission of these documents to both
the Administrator and DNREC. The Federal regulation does not require
testing of the exhaust from room enclosure carbon adsorbers. The
Federal regulation does not require notification of perchloroethylene
consumption that exceeds the 530 and 760 liter limits.
The DNREC regulation includes changes from the Federal regulation
which meet the definition of adjustments by ``subjecting additional
emission points or sources to control requirements,'' as described in
40 CFR 62.92(b)(3)(vii). These changes include:
(1) Requiring coin-operated dry cleaning machines located at a
major affected source to adhere to the same work practice,
notification, recordkeeping and reporting requirements as small area
sources with existing machines and subjecting these sources to title V
permit requirements;
(2) Requiring drycleaning facilities that have only existing dry-
to-dry machines or both existing dry-to-dry machines and transfer
machines and that consume less than 530 liters of perchloroethylene per
year to repair leaks within 24 hours of discovery; and
(3) Requiring drycleaning facilities that have only transfer
machines and that consume less than 760 liters of perchloroethylene per
year to repair leaks within 24 hours of discovery.
These changes are clearly more stringent than the Federal
requirement. The Federal regulation exempts coin-operated dry cleaning
machines from work practice, notification, recordkeeping, reporting and
title V requirements. The Federal regulation does not require the
aforementioned facilities to repair leaks within 24 hours of discovery.
C. DNREC's Hazardous Air Pollutant Emission Standards for Hard and
Decorative Chromium Electroplating and Chromium Anodizing Tanks
EPA has determined that subpart N in Regulation No. 38 of the State
of Delaware's ``Regulations Governing the Control of Air Pollution'' is
more stringent than the National Emission Standards for Chromium
Emissions From Hard and Decorative Chromium Electroplating and Chromium
Anodizing Tanks in 40 CFR part 63, subpart N and, therefore, can be
approved as equivalent to the Federal regulation in accordance with the
rule substitution provisions of 40 CFR 63.91 and 63.92. The DNREC's
regulation incorporates most of EPA's regulation with some changes.
Most of these changes meet the definition of ``minor editorial,
formatting, and other nonsubstantive changes,'' as described in 40 CFR
63.92(b)(3)(ix). These nonsubstantive changes include:
(1) Replacing references to ``Administrator'' and ``applicable
title V permitting authority'' with ``Department'';
(2) Replacing references to the title V program with references to
Delaware's Regulation 30 and its minor new source construction and
modification permitting program under Regulation 2 of the State of
Delaware ``Regulations Governing the Control of Air Pollution,'' where
appropriate;
(3) Replacing the Federal regulation's compliance date with the
original effective date of the state regulation;
(4) Specifying the exact date of the title V permit deferral for
area sources and the exact due date for permit applications for these
sources;
(5) Removing references to operations in California;
(6) Removing irrelevant language pertaining to compliance extension
requests;
(7) Referencing relevant test methods in 40 CFR part 63, appendix
A; and
(8) Adding minor clarifying language and correcting typographical
errors, where appropriate.
None of these changes decrease the stringency of the regulation
when compared to the Federal regulation. These changes improve the
clarity of the regulation by either adding terms or references,
redefining terms, eliminating unnecessary references or correcting
typographical errors. The DNREC removed the language related to
compliance extension requests because sources can no longer apply for
these extension, since the compliance date has already past.
The DNREC regulation includes changes from the Federal regulation
which meet the definition of adjustments by ``increasing the frequency
of required reporting, testing, sampling or monitoring,'' as described
in 40 CFR 63.92(b)(3)(iv). These changes include:
(1) Requiring that copies of requests of proposed work practice
standards, alternative air pollution device descriptions, notifications
of compliance status and performance test results be submitted to both
the Administrator and the Department; and
(2) Clarifying that an owner or operator of an area source who
constructs or reconstructs a new source submit a notification to the
Department and that an owner or operator of a major source who
constructs or reconstructs a new source submit an application for
approval of construction or reconstruction to the Department and, if
appropriate, an application under Delaware's Regulation 2.
These changes are clearly more stringent than the Federal
regulation. The Federal regulation requires that copies of requests and
notifications only be submitted to the Administrator. The DNREC's
regulation requires the submission of these documents to both the
Administrator and DNREC. The Federal regulation does not clarify that
construction and reconstruction notifications and applications be
submitted to the delegated authority.
D. DNREC's Hazardous Air Pollutant Emission Standards for Industrial
Process Cooling Towers
EPA has determined that subpart Q in Regulation No. 38 of the State
of Delaware's ``Regulations Governing the Control of Air Pollution'' is
more stringent than the National Emission Standards for Hazardous Air
Pollutants for Industrial Cooling Towers in 40 CFR part 63, subpart Q
and therefore, can be approved as equivalent to the Federal regulation
in accordance with the rule substitution provisions of 40 CFR 63.91 and
63.92. The DNREC's regulation incorporates most of EPA's regulation
with some changes. All of these changes meet the definition of ``minor
editorial, formatting, and other nonsubstantive changes,'' as described
in 40 CFR 63.92(b)(3)(ix). These nonsubstantive changes include:
(1) Replacing the term ``Administrator'' with ``Department'';
(2) Replacing references to the title V program with references to
Delaware's Regulation 30;
[[Page 50122]]
(3) Replacing the Federal regulation's compliance date with the
original effective date of the state regulation; and
(4) Including references to DNREC's analysis and data collection
authority under Regulation 17 of the State of Delaware ``Regulations
Governing the Control of Air Pollutants.''
None of these changes decrease the stringency of the regulation
when compared to the Federal regulation. These changes improve the
clarity of the regulation by either adding terms or references,
redefining terms, or eliminating unnecessary references.
IV. Terms of Program Approval and Delegation of Authority
In order for DNREC to receive delegation of future amendments to
the Federal hazardous air pollutant general provisions and hazardous
air pollutant emission standards for perchloroethylene dry cleaning
facilities, hard and decorative chromium electroplating and chromium
anodizing tanks, and industrial process cooling towers, each amendment
must be legally adopted by the State of Delaware, with adequate
opportunity for public participation and public comment, and DNREC must
notify the Director, Air Protection Division, EPA Region III, that it
has adopted additional amendments and that it intends to enforce the
amendments in conformance with the terms of this program approval and
delegation. EPA, upon its review and approval, in accordance with 40
CFR 63.91(e), will incorporate by reference the State of Delaware's
revised regulations into 40 CFR 63.14 and amend 40 CFR 63.99, as
appropriate.
The notification and reporting provisions in 40 CFR part 63
requiring the owners or operators of affected sources to make
submissions to the Administrator shall be met by sending such
submissions to DNREC and EPA Region III.
If at any time there is a conflict between a DNREC regulation and a
Federal regulation, the Federal regulation must be applied if it is
more stringent than that of DNREC. EPA is responsible for determining
stringency between conflicting regulations. If DNREC does not have the
authority to enforce the more stringent Federal regulation, it shall
notify EPA Region III in writing as soon as possible, so that this
portion of the delegation may be revoked.
If EPA determines that DNREC's procedure for enforcing or
implementing the 40 CFR part 63 requirements is inadequate, or is not
being effectively carried out, this delegation may be revoked in whole
or in part in accordance with the procedures set out in 40 CFR
63.96(b).
Certain provisions of 40 CFR part 63 allow only the Administrator
of EPA to take further standard setting actions. In addition to the
specific authorities retained by the Administrator in 40 CFR 63.90(d)
and the ``Delegation of Authorities'' section for specific standards,
EPA Region III is retaining the following authorities, in accordance
with 40 CFR 63.91(g)(2)(ii):
(1) Approval of alternative non-opacity emission standards, e.g.,
40 CFR 63.6(g) and applicable sections of relevant standards;
(2) Approval of alternative opacity standards, e.g., 40 CFR
63.9(h)(9) and applicable sections of relevant standards;
(3) Approval of major alternatives to test methods, as defined in
40 CFR 63.90(a), e.g., 40 CFR 63.7(e)(2)(ii) and (f) and applicable
sections of relevant standards;
(4) Approval of major alternatives to monitoring, as defined in 40
CFR 63.90(a), e.g., 40 CFR 63.8(f) and applicable sections of relevant
standards; and
(5) Approval of major alternatives to recordkeeping and reporting,
as defined in 40 CFR 63.90(a), e.g., 40 CFR 63.10(f) and applicable
sections of relevant standards.
The following provisions are included in this delegation, in
accordance with 40 CFR 63.91(g)(1)(i), and can only be exercised on a
case-by-case basis. When any of these authorities are exercised, DNREC
must notify EPA Region III in writing:
(1) Applicability determinations for sources during the title V
permitting process and as sought by an owner/operator of an affected
source through a formal, written request, e.g., 40 CFR 63.1 and
applicable sections of relevant standards \1\;
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\1\ Applicability determinations are considered to be nationally
significant when they:
(i) Are unusally complex or controversial;
(ii) Have bearign on more than one state or are multi-Regional;
(iii) Appear to create a conflict with previous policy or
determinations;
(iv) Are a legal issue which has not been previously considered;
or
(v) Raise new policy questions and shall be forwarded to EPA
Region III prior to finalization.
Detailed information on the applicability determination process
may be found in EPA document 305-B-99-004 How to Review and Issue
Clean Air Act Applicability Determinations and Alternative
Monitoring, dated February 1999. The DNREC may also refer to the
Compendium of Applicability Determinations issued by the EPA and may
contact EPA Region III for guidance.
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(2) Responsibility for determining compliance with operation and
maintenance requirements, e.g., 40 CFR 63.6(e) and applicable sections
of relevant standards;
(3) Responsibility for determining compliance with non-opacity
standards, e.g., 40 CFR 63.6(f) and applicable sections of relevant
standards;
(4) Responsibility for determining compliance with opacity and
visible emission standards, e.g., 40 CFR 63.6(h) and applicable
sections of relevant standards;
(5) Approval of site-specific test plans,\2\ e.g. 40 CFR
63.7(c)(2)(i) and (d) and applicable sections of relevant standards;
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\2\ The DNREC will notify EPA of these approvals on a quarterly
basis by submitting a copy of the test plan approval letter. Any
plans which propose major alternative test methods or major
alternative monitoring methods shall be referred to EPA for
approval.
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(6) Approval of minor alternatives to test methods, as defined in
40 CFR 63.90(a), e.g., 40 CFR 63.7(e)(2)(i) and applicable sections of
relevant standards;
(7) Approval of intermediate alternatives to test methods, as
defined in 40 CFR 63.90(a), e.g., 40 CFR 63.7(e)(2)(ii) and (f) and
applicable sections of relevant standards;
(8) Approval of shorter sampling times/volumes when necessitated by
process variables and other factors, e.g., 40 CFR 63.7(e)(2)(iii) and
applicable sections of relevant standards;
(9) Waiver of performance testing, e.g., 40 CFR 63.7 (e)(2)(iv),
(h)(2), and (h)(3) and applicable sections of relevant standards;
(10) Approval of site-specific performance evaluation (monitoring)
plans,\3\ e.g., 40 CFR 63.8(c)(1) and (e)(1) and applicable sections of
relevant standards;
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\3\ The DNREC will notify EPA of these approvals on a quarterly
basis by submitting a copy of the performance evaluation plan
approval letter. Any plans which propose major alternative test
methods or major alternative monitoring methods shall be referred to
EPA for approval.
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(11) Approval of minor alternatives to monitoring methods, as
defined in 40 CFR 63.90(a), e.g., 40 CFR 63.8(f) and applicable
sections of relevant standards;
(12) Approval of intermediate alternatives to monitoring methods,
as defined in 40 CFR 63.90(a), e.g., 40 CFR 63.8(f) and applicable
sections of relevant standards;
(13) Approval of adjustments to time periods for submitting
reports, e.g., 40 CFR 63.9 and 63.10 and applicable sections of
relevant standards; and
(14) Approval of minor alternatives to recordkeeping and reporting,
as defined in 40 CFR 63.90(a), e.g., 40 CFR 63.10(f) and applicable
sections of relevant standards.
[[Page 50123]]
As required, DNREC and EPA Region III will provide the necessary
written, verbal and/or electronic notification to ensure that each
agency is fully informed regarding the interpretation of applicable
regulations in 40 CFR part 63. In instances where there is a conflict
between a DNREC interpretation and a Federal interpretation of
applicable regulations in 40 CFR part 63, the Federal interpretation
must be applied if it is more stringent than that of DNREC. Written,
verbal and/or electronic notification will also be used to ensure that
each agency is informed of the compliance status of affected sources in
Delaware. The DNREC will comply with all of the requirements of 40 CFR
63.91(g)(1)(ii).
Quarterly reports will be submitted to EPA by DNREC to identify
sources determined to be applicable during that quarter.
Although DNREC has primary authority and responsibility to
implement and enforce the hazardous air pollutant general provisions
and hazardous air pollutant emission standards for perchloroethylene
dry cleaning facilities, hard and decorative chromium electroplating
and chromium anodizing tanks, and industrial process cooling towers
requirements, nothing shall preclude, limit, or interfere with the
authority of EPA to exercise its enforcement, investigatory, and
information gathering authorities concerning this part of the Act.
V. Final Action
EPA is approving DNREC's Regulation No. 38, subpart A, as amended,
effective September 11, 1999, DNREC's Regulation No. 38, subpart M, as
amended, effective October 11, 2000, DNREC's Regulation No. 38, subpart
N, as amended, effective October 11, 2000 and DNREC's Regulation No.
38, subpart Q, effective April 4, 1998, as equivalent to the CAA
section 112(d) requirements set forth in 40 CFR part 63, subparts A, M,
N and Q, respectively, for affected sources in the State of Delaware.
Accordingly, EPA is revising 40 CFR 63.14 and 63.99 to reflect the
Federal enforceability of DNREC's regulations. The DNREC's regulation
adopts the Federal requirements found in 40 CFR part 63, subparts A, M,
N and Q, dated July 1, 1998, with some adjustments. Affected sources
will need to refer to both DNREC's regulations and 40 CFR part 63,
subparts A, M, N and Q, dated July 1, 1998 to comply. This approval
also includes granting authority to DNREC to implement and enforce any
future amendments to these provisions and standards that EPA
promulgates and DNREC adopts unchanged into its regulations. The
delegation of authority shall be administered in accordance with the
terms outlined in section IV., above.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. The adjustments and substitutions made in the DNREC
regulation are primarily non-substantive and relate to minor editorial
and formatting changes from the Federal rule. The substantive changes
from the Federal regulation relate to increasing the frequency of
reporting, testing, sampling or monitoring, and subjecting additional
emission points or sources to control requirements. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the program approval request if adverse comments are filed.
This rule will be effective on December 3, 2001 without further notice
unless EPA receives adverse comment by November 1, 2001. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
VI. Administrative Requirements
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249 November 9, 2000), nor will it have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 (62 FR 19885
April 23, 1997), because it is not economically significant.
In reviewing requests for rule approval under CAA section 112,
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA. In this context, in the absence of a prior
existing requirement for the State to use voluntary consensus standards
(VCS), EPA has no authority to disapprove requests for rule approval
under CAA section 112 for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a request for
rule approval under CAA section 112, to use VCS in place of a request
for rule approval under CAA section 112 that otherwise satisfies the
provisions of the CAA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
[[Page 50124]]
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 3, 2001. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action, pertaining to the approval of Delaware's regulations for
hazardous air pollutant general provisions and hazardous air pollutant
emission standards for perchloroethylene dry cleaning facilities, hard
and decorative chromium electroplating and chromium anodizing tanks,
and industrial process cooling towers (CAA section 112), may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations.
Dated: September 7, 2001.
Donald S. Welsh,
Regional Administrator, Region III.
40 CFR part 63 is amended as follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et. seq.
2. Section 63.14 is amended by adding paragraph (d)(3)(iii) to read
as follows:
Sec. 63.14 Incorporation by Reference.
* * * * *
(d) * * *
(3) * * *
(iii) State of Delaware Regulations Governing the Control of Air
Pollution (October 2000), IBR approved for Sec. 63.99(a)(8)(ii)-(v) of
subpart E of this part.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
3. Section 63.99 is amended by adding paragraphs (a)(8)(ii) through
(v) to read as follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(8) Delaware
(i) * * *
(ii) Affected sources must comply with the State of Delaware
Regulations Governing the Control of Air Pollution, Regulation No. 38,
subpart A, effective September 11, 1999 (incorporated by reference as
specified in Sec. 63.14). The material incorporated in the State of
Delaware Regulations Governing the Control of Air Pollution, Regulation
No. 38, subpart A pertains to owners and operators of stationary
sources in the State of Delaware that are subject to emission standard
requirements of the State of Delaware Regulations Governing the Control
of Air Pollution, Regulation No. 38, subparts M, N and Q and 40 CFR
part 63 and has been approved under the procedures in Sec. 63.91 and
Sec. 63.92 to be implemented and enforced in place of 40 CFR part 63,
subpart A. Delaware is delegated the authority to implement and enforce
its regulation in place of 40 CFR part 63, subpart A, in accordance
with the final rule, published in the Federal Register on October 2,
2001, effective December 3, 2001.
(iii) Affected sources must comply with the State of Delaware
Regulations Governing the Control of Air Pollution, Regulation No. 38,
subpart M, effective October 11, 2000 (incorporated by reference as
specified in Sec. 63.14). The material incorporated in the State of
Delaware Regulations Governing the Control of Air Pollution, Regulation
No. 38, subpart M pertains to owners and operators of perchloroethylene
drycleaning facilities and has been approved under the procedures in
Sec. 63.91 and Sec. 63.92 to be implemented and enforced in place of 40
CFR part 63, subpart M. Delaware is delegated the authority to
implement and enforce its regulation in place of 40 CFR part 63,
subpart M, in accordance with the final rule, published in the Federal
Register on October 2, 2001, effective December 3, 2001.
(iv) Affected sources must comply with the State of Delaware
Regulations Governing the Control of Air Pollution, Regulation No. 38,
subpart N, effective October 11, 2000 (incorporated by reference as
specified in Sec. 63.14). The material incorporated in the State of
Delaware Regulations Governing the Control of Air Pollution, Regulation
No. 38, subpart N pertains to owners and operators of hard and
decorative chromium electroplating and chromium anodizing tanks and has
been approved under the procedures in Sec. 63.91 and Sec. 63.92 to be
implemented and enforced in place of 40 CFR part 63, subpart N.
Delaware is delegated the authority to implement and enforce its
regulation in place of 40 CFR part 63, subpart N, in accordance with
the final rule, published in the Federal Register on October 2, 2001,
effective December 3, 2001.
(v) Affected sources must comply with the State of Delaware
Regulations Governing the Control of Air Pollution, Regulation No. 38,
subpart Q, effective May 11, 1998 (incorporated by reference as
specified in Sec. 63.14). The material incorporated in the State of
Delaware Regulations Governing the Control of Air Pollution, Regulation
No. 38, subpart Q pertains to owners and operators of industrial
process cooling towers and has been approved under the procedures in
Sec. 63.91 and Sec. 63.92 to be implemented and enforced in place of 40
CFR part 63, subpart Q. Delaware is delegated the authority to
implement and enforce its regulation in place of 40 CFR part 63,
subpart Q, in accordance with the final rule, published in the Federal
Register on October 2, 2001, effective December 3, 2001.
[FR Doc. 01-24202 Filed 10-1-01; 8:45 am]
BILLING CODE 6560-50-P