\[Federal Register: June 23, 2003 (Volume 68, Number 120)\]

\[Rules and **Regulations**\]

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From the Federal Register Online via GPO Access \[wais.access.gpo.gov\]

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Part IV

Environmental Protection Agency

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40 CFR Part 63

**Clarifications** to Existing National Emissions Standards for
Hazardous

Air Pollutants Delegations\' Provisions; Final Rule

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

\[FRL-7508-8\]

RIN 2060-AJ26

**Clarifications** to Existing National Emissions Standards for

Hazardous Air Pollutants Delegations\' Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: As part of the section 112(l), \`\`Approval of State Programs

and Delegation of Federal Authorities\'\' rulemaking process, EPA (we)

agreed to clarify which portions of the existing national emission

standards for hazardous air pollutants (NESHAP) contain authorities

that can be delegated to State, local, and tribal agencies (S/L/Ts) (65

FR 55810, September 14, 2000). Today\'s rulemaking clarifies which parts

of the existing NESHAP can be delegated to S/L/Ts by adding or

modifying a section in each NESHAP to describe the authorities that can

be delegated to S/L/Ts and those that must be retained by us. In

addition, to further clarify which portions of the NESHAP are

delegable, some NESHAP standards sections were slightly reorganized or

rephrased to separate delegable from non-delegable authorities. These

**clarifications** do not change any substantive NESHAP requirements for

industrial sources.

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

ADDRESSES: Docket No. A-2000-57, containing supporting information used

to develop the proposed rule and the final rule, is available for

public inspection and copying between 8 a.m. and 4:30 p.m., Monday

through Friday (except government holidays) at the Air and Radiation

Docket and Information Center (6102T), Room B-108, EPA West Building,

1301 Constitution Avenue, NW., Washington, DC 20460; telephone (202)

566-1742, fax (202) 566-1741. A reasonable fee may be charged for

copying docket materials.

Worldwide Web (WWW). In addition to being available in the docket,

an electronic copy of this final rule will also be available on the WWW

through the Technology Transfer Network (TTN). Following signature, a

copy of the rule will be posted on the TTN\'s policy and guidance page

for newly proposed or promulgated rules:
<http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.epa.gov/ttn/oarpg>.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Driscoll or Ms. Robin Segall,

Emissions, Moitoring Measurement and Analysis Division, Office of Air

Quality Planning and Standards, U.S. Environmental Protection Agency,

109 T. W. Alexander Drive, Research Triangle Park, North Carolina

27709, telephone (919) 541-5135 or (919) 541-0893, or electronic mail

at <driscoll.tom@epa.gov> or <segall.robin@epa.gov>.

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially

affected by this rule are S/L/Ts that voluntarily request delegation of

section 112 rules, emissions standards, or requirements. The procedures

and criteria for requesting and receiving delegation are described in

Sec. 63.90 through Sec. 63.97, excluding Sec. 63.96, of 40 CFR part

63, subpart E. Facilities that are subject to the individual subparts

to be changed should not be affected by the final amendments, which

clarify the delegation requirements between EPA and the S/L/Ts.

Outline. The information presented in this preamble is organized as

follows:

I. Background

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

B. When a Standard is Delegated, Can You Approve Changes to Any

of the Requirements?

C. What Is the Purpose of This Rulemaking?

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

E. Once NESHAP Are Delegated, Does the S/L/Ts\' Enforcement

Authority Replace EPA\'s Authority?

F. Does Today\'s Rulemaking Impact Prior Delegations of These

Part 63 NESHAP (Maximum Achievable Control Technology (MACT)

Standards)?

G. What Public Comments Were Received on the Proposal?

II\. Overview of Changes

A. What Categories of Changes Are We Making?

B. What **Clarifications** Have We Made to Individual Subparts?

III\. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with

Indian Tribal Governments

G. Executive Order 13045: Protection of Children from

Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions that Significantly Affect

Energy Supply, Distribution, or Use

I. National Technology Transfer Advancement Act

J. Executive Order 12898: Federal Actions To Address

Environmental Justice in Minority Populations and Low-Income

Populations

K. Congressional Review Act

IV\. Statutory Authority

V. Judicial Review

I. Background

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

The requirements in 40 CFR part 63, subpart E provide a framework

for you, the S/L/Ts, to request and receive delegation of the NESHAP.

Once you accept delegation, you are responsible for implementing and

enforcing the NESHAP for sources in your jurisdiction.

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

Requirements?

In addition to the overall implementation and enforcement authority

conferred by the delegation, there are separate parts of each section

112 requirement that we cannot delegate to you. Each individual NESHAP,

for example, contains requirements that are considered the

\`\`standards\'\' and are, therefore, not delegable in terms of your
making

changes to them. Because the Administrative Procedures Act requires us

to approve alternative emission limitations or control requirements

through Federal rulemaking, we cannot delegate our rulemaking authority

to you. More specifically, any requests by sources for approval of

alternative standards must be considered by us and acted upon in a

notice and comment rulemaking. Additionally, we cannot delegate

authorities that may alter the stringency of the standard, that require

Federal oversight for national consistency, or that may require Federal

rulemaking. Generally, requests by you to revise standards for a source

category (or portions thereof) must be addressed through subpart E or

the subpart E rulemaking process for alternative standards. Please note

that nothing in the section or this rulemaking usurps your authority to

have more a stringent State program or regulatory requirements, such as

more stringent emission limitations, that apply to sources subject to

NESHAP.

However, the authorities in other sections of the NESHAP, such as

testing, monitoring, reporting, and recordkeeping, may be delegable

and, if delegated, the authority to approve alternatives to these

requirements may be exercised by you on a case-by-case basis once you

have been delegated the NESHAP through subpart E (straight delegation,

Sec. 63.91). These delegable authorities are similar to those in 40

CFR part 63, subpart A General Provisions, which are incorporated into

the majority of the NESHAP. Because

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only some of the testing, monitoring, reporting, and recordkeeping

requirements are delegable in subpart A, EPA has identified what

authorities can be delegated in the subpart E revisions (65 FR 55810,

September 14, 2000). Section 63.91(g)(1)(i) clarifies what \`\`Category

I\'\' changes, including minor and intermediate changes to testing,

monitoring, recordkeeping, and reporting requirements, may be

considered and approved by S/L/Ts if you receive delegation for these

authorities from your EPA Regional Office. For more discussion of

delegable authorities, see 65 FR 55811 through 55814, September 14,

2000\.

There are similar discretionary authorities, as mentioned above, in

each NESHAP that may also be delegated to you. Please note, each NESHAP

being revised in today\'s rulemaking will describe those authorities

that will be retained by EPA. All other authorities in those NESHAP are

delegable to S/L/Ts.

C. What Is the Purpose of This Rulemaking?

As a part of a larger regulatory and policy effort to clarify and

streamline delegation of part 63 requirements, we agreed to clarify

which portions of the existing 40 CFR part 63 NESHAP contain

authorities that can be delegated to you. In order to achieve this

objective, we are making slight changes to many of the existing NESHAP.

These changes are **clarifications** that will allow you to approve

alternatives to the delegable authorities, including category I

authorities listed in Sec. 63.91(g)(i), instead of requiring a

rulemaking by the EPA to approve the site-specific alternatives. Many

NESHAP lack a clear delegation section that this final rule remedies.

We are also taking this opportunity to make the format of the existing

NESHAP more consistent.

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

Many of the existing NESHAP were promulgated before we developed a

consistent rule format, so each one has slightly different content and

order. In addition, the way that the delegable authorities were

identified and delegated varies. Due to these variations, each NESHAP

in this rulemaking needs one or more **clarifications**, listed below,
to

ease delegation:

\[sbull\] Addition or modification of a section (implementation and

enforcement) in each NESHAP describing the authorities that can be

delegated to you and those that must be retained by us;

\[sbull\] Reorganization of the standards sections in NESHAP to

separate compliance assurance measures, such as monitoring,

recordkeeping, or reporting provisions, from actual standards; or

\[sbull\] Minor rephrasing of work practices and other standards

developed under the authority of section 112(h) of the Act to allow

approval of delegable testing, monitoring, reporting, and recordkeeping

authorities by S/L/Ts and without rulemaking by us.

E. Once NESHAP Are Delegated, Does the S/L/Ts\' Enforcement Authority

Replace EPA\'s Authority?

Throughout this preamble, we state that once NESHAP are delegated

to you, then you will have the authority to implement and enforce those

rules for sources in your jurisdiction. However, nothing in this

preamble is intended to suggest that your enforcement agencies have

replaced our Federal authority to enforce and implement those rules. We

remain partners with you in enforcing the NESHAP.

F. Does Today\'s Rulemaking Affect Prior Delegations of These Part 63

NESHAP (MACT Standards)?

In many cases, you already accepted delegation of these NESHAP and,

consequently, you are currently implementing and enforcing them. We do

not believe that today\'s rulemaking adversely affects existing

delegations of these NESHAP to you. For the most part, today\'s

rulemaking clarifies which of the authorities in each existing NESHAP

can, and cannot, be delegated to you.

In all prior delegations, specific authorities in each NESHAP were

generally not identified as being delegated. Instead, the NESHAP have

been generally delegated in their entirety. For example, when our

Regional Offices delegate a NESHAP or MACT standard through straight

delegation (see 65 FR 55810, September 14, 2000) to a S/L/T, they

reference the whole NESHAP, such as subpart M, National

Perchloroethylene Air Emission Standards for Dry Cleaning Facilities,

in any rulemaking or documents. They usually do not reference a

particular authority within the NESHAP, such as Sec. 63.324(d),

\`\`\[E\]ach owner or operator of a dry cleaning facility shall keep

receipts of perchloroethylene purchases \...\'\' in any delegation.

Therefore, we believe that today\'s rulemaking will not affect your

existing part 63 NESHAP delegation.

However, potential issues may have occurred where you have already

acted on the authorities you believed you had been delegated. For

example, in subpart HH, the delegation of authority paragraph in Sec.

63.776 does not withhold the delegation of any of the standards\'

sections. Therefore, you may have exercised the authority to approve

alternative emissions controls or limitations in this example. As

mentioned above, you cannot approve alternatives to NESHAP\'s emissions

controls or limitations because they must be established through

national rulemaking. Only we can approve alternatives to emissions

controls or limitations through national rulemaking.

If you have inadvertently approved alternatives to NESHAP\'s

emissions controls or limitations for a specific source, then the

appropriate EPA Regional Office must be notified of this approval. Our

Regional Office will then work with you and our Office of Air Quality

Planning and Standards, Office of Enforcement and Compliance Assurance,

and Office of General Counsel to reevaluate the alternative through the

process in Sec. 63.6 or the provisions in 40 CFR part 63, subpart E.

If you have any questions regarding inadvertent approvals, please

contact your appropriate EPA Regional Office.

G. What Public Comments Were Received on the Proposal?

On January 16, 2002 (67 FR 2286), the proposed rule was published

in the Federal Register and we requested written comments on the

proposal. We received 4 sets of written comments on the package from

the State and Territorial Air Pollution Program and Association of

Local Air Pollution Control (STAPPA/ALAPCO), State of Missouri

Department of Natural Resources Air Pollution Control Program (APCP),

South Coast Air Quality Management District, and Safety-Kleen

Corporation. Although the comments were mostly general in nature, some

were specific to certain NESHAP. The Missouri APCP\'s comments included

support for EPA\'s approach to clarify which authorities can be

delegated and noted that the \`\`APCP had taken a similar approach to

rulemaking.\'\' Copies of the comments are available in the public
docket

for the regulation (docket A-2000-57).

II\. Overview of Changes

The EPA has made a number of changes to the proposed rule in

response to the comments we received. The comments on the proposal were

limited to a relatively small subset of authorities in a few NESHAP.

Accordingly, EPA believes that it is not necessary to repeat the

comprehensive discussion contained in the preamble to

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the proposal. See 67 FR 2288-2298, January 16, 2002, for a more

detailed discussion of today\'s changes to each NESHAP. Instead, EPA has

limited the discussion in this preamble to issues raised by commenters,

and to discuss changes made to the final rule based on those issues.

A. What Categories of Changes Are We Making?

1\. Adding an \`\`Implementation and Enforcement\'\' Section

The first category of changes involves adding a section that

describes non-delegable authorities or changing current delegation

sections to conform to a consistent format. The new \`\`Implementation

and enforcement\'\' sections cite the rule sections or requirements for

which you may not approve alternatives (i.e., non-delegable

authorities). The authority to make changes to those sections or

requirements is retained by us and includes the authority to approve

any alternatives to emissions standards; including their applicability

requirements. Conversely, any authority, not expressly reserved for us

and included in these paragraphs, can be delegated to you.

As part of the subpart E rulemaking (65 FR 55810, September 14,

2000), we clarified which of the specific General Provisions

authorities (regarding alternative requirements) could not be delegated

to you. We divided the General Provisions discretionary authorities

into two groups, based upon the relative significance of each type of

decision. Category I contains those authorities which can be delegated.

We believe that the EPA Regional Office retains the ability to request

review of these decisions, although we expect that this authority will

be exercised infrequently. Category II contains those authorities which

cannot be delegated. For more discussion on the general provisions\'

delegable authorities, see 67 FR 2288, January 16, 2002. The changes in

the individual subparts in today\'s rule reference the subpart E

classifications to ensure that they conform with this similar

framework.

2\. Reorganizing Sections To Separate Compliance Assurance Measures From

Actual Standards

The NESHAP contain two major types of requirements: standards and

compliance assurance requirements. The standards are the essential

requirements that implement EPA\'s authority under the Act to establish

hazardous air pollutant (HAP) emission standards. These standards may

be emission limitations (emission limits, operating limits, opacity

limits, and visible emission limits) and/or work practice standards

(design, equipment, work practices, and operational standards). The

authority to approve alternatives to any of the promulgated standards

must be retained by us. Requirements that are essential to ensuring

that the standards are achieved as EPA intended, such as applicability

requirements and compliance dates, are also retained.

The compliance assurance requirements are also essential, but they

offer some flexibility in their implementation. For example, you can

approve (or disapprove) minor and intermediate changes to testing,

monitoring, reporting, and recordkeeping provisions, as long as they

are at least as stringent (or disapprove, if they are not as stringent)

as EPA requirements.

In other cases, the S/L/T is given authority to make changes in the

implementation of a requirement, but not to change the actual

requirement itself. For example, some NESHAP require operation and

maintenance plans. Here the S/L/T agency is given the authority to

approve some changes in the content of the plan, but does not have the

authority to waive the requirement that the plan must be created and

followed. Additionally, some newly-named operation and maintenance

sections contain provisions which are similar to work practices, in

that they can potentially affect emissions, such as the requirement to

operate and maintain the source\'s equipment in keeping with good air

pollution control practices, or the requirement to correct malfunctions

as soon as practicable. You may not approve alternatives that are less

stringent than the criteria outlined in the subpart. However, you may

require more stringent provisions, such as not permitting excess

emissions at all during malfunctions. Where an operations and

maintenance plan is required, it usually allows the source considerable

latitude in designing the plan, so long as the plan meets certain

criteria. You may approve alternatives to the plan that are more

stringent than the criteria listed, but you may not approve elimination

of major criteria, such as specifying the process and control system

monitoring equipment.

As a second example, most NESHAP include requirements to monitor

certain specified control equipment operating parameters and to set

enforceable operating limits for these same parameters based on data

from the performance test. In this case, the S/L/T may be delegated the

authority to approve changes to the ranges for the operating limits

based on new performance test data and/or other relevant information

submitted by the source. However, we must retain the authority to

approve modifications to requirements affecting which parameters are

monitored (e.g., EPA would approve appropriate parameters to monitor

for a control device not addressed in a NESHAP).

A more detailed discussion and additional examples of changes that

may be made to the delegable requirements are presented in the

preambles to the proposed and final subpart E rule (64 FR 1880, January

12, 1999) and (65 FR 55822, September 14, 2000).

In most NESHAP, the non-delegable authorities and the delegable

authorities are separated into different sections of the rule. However,

in a few NESHAP, these authorities are mixed within a single section or

are in the standard section in some NESHAP. In this case, we identified

and separated out (where possible) the paragraphs that contain

requirements for which you may not approve alternatives in the

\`\`Implementation and enforcement\'\' section.

In other NESHAP, the delegable and non-delegable authorities are

not clearly separated into different sections or into different

paragraphs within a standards section. In these cases, we restructured

the standards sections to separate the delegable and non-delegable

authorities. This restructuring was accomplished by moving the

delegable authorities to more appropriate sections of the rule, such as

\`\`Monitoring requirements\'\' or \`\`Recordkeeping requirements\'\'
sections.

As a result, the \`\`Implementation and enforcement\'\' section more

clearly shows which authorities you may not be delegated by simply

listing the sections containing those authorities.

3\. Minor Work Practices\' Amendments To Allow Approval of Alternatives

Without EPA Rulemaking

In some MACTs, provisions for which you could or should have the

authority to approve alternatives are written in a way that precludes

you from approving alternatives to these practices. Authority to

approve alternatives to work practice standards or any other emission

limitation established under section 112(d) or (h) of the Act cannot be

delegated to you. However, some work practice requirements could be

written more broadly to allow alternative practices to be implemented

or these work practice requirements could be

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written to expressly state that you may approve alternative practices.

We have rewritten these work practice standards, where possible, to

specifically state that you have the authority to approve equivalent or

more stringent alternative compliance assurance measures. The sections

containing these requirements are not listed as authorities retained by

us in the implementation and enforcement section. These kinds of

changes are necessary only for a small number of subparts.

B. What **Clarifications** Have We Made to Individual Subparts?

We did not receive any public comments concerning proposed changes

to 37 of the subparts we included in the September 2000 proposal

notice. However, upon closer review of the proposed changes, we

determined that we had inadvertently and inconsistently delegated some

of the standards we should have reserved to the Administrator\'s

authority. For those subparts for which we received no public comments

and which were correctly proposed, we have promulgated the final NESHAP

amendments as proposed. Following is a list of the unchanged subparts:

\[sbull\] Subpart F, Synthetic Organic Chemical Manufacturing

Industry

\[sbull\] Subpart I, HON for Certain Processes Subject to the

Negotiated Regulation for Equipment Leaks

\[sbull\] Subpart M, National Perchloroethylene Air Emission

Standards for Dry Cleaning Facilities

\[sbull\] Subpart O, Ethylene Oxide Emissions Standards for

Sterilization Facilities

\[sbull\] Subpart Q, National Emission Standards for Hazardous Air

Pollutants for Industrial Process Cooling Towers

\[sbull\] Subpart U, National Emission Standards for Hazardous Air

Pollutant Emissions: Group I Polymers and Resins

\[sbull\] Subpart Y, National Emission Standards for Marine Tank

Vessel Loading Operations

\[sbull\] Subpart AA, National Emission Standards for Hazardous Air

Pollutants from Phosphoric Acid Manufacturing Plants

\[sbull\] Subpart BB, National Emission Standards for Hazardous Air

Pollutants from Phosphate Fertilizers Production Plants

\[sbull\] Subpart CC, National Emission Standards for Hazardous Air

Pollutants from Petroleum Refineries

\[sbull\] Subpart EE, National Emission Standards for Magnetic Tape

Manufacturing Operations

\[sbull\] Subpart II, National Emission Standards for Shipbuilding

and Ship Repair (Surface Coating)

\[sbull\] Subpart OO, National Emission Standards for Tanks\--Level 1

\[sbull\] Subpart PP, National Emission Standards for Containers

\[sbull\] Subpart QQ, National Emission Standards for Surface

Impoundments

\[sbull\] Subpart RR, National Emission Standards for Individual

Drain Systems

\[sbull\] Subpart GGG, National Emission Standards for

Pharmaceuticals Production

\[sbull\] Subpart JJJ, National Emission Standards for Hazardous Air

Pollutant Emissions: Group IV Polymers and Resins

\[sbull\] Subpart OOO, National Emission Standards for Hazardous Air

Pollutants for Amino/Phenolic Resins Production

\[sbull\] Subpart PPP, National Emission Standards for Hazardous Air

Pollutant Emissions for Polyether Polyols Production

\[sbull\] Subpart XXX, National Emission Standards for Hazardous Air

Pollutants for Ferroalloys Production: Ferromanganese and

Silicomanganese

The first correction we must make to the proposal package is to

ensure that we consistently reserve the requirements in each of the

NESHAP that establish the compliance dates for all new, reconstructed,

and existing sources that are subject to the applicable subparts. Upon

review of the proposal package, we determined that we did not

consistently reserve these requirements, which was an error because

they are integral to the overall standards and cannot be delegated.

Following is a list of the subparts we need to modify to ensure that

the compliance date of the applicable requirements are reserved. Also

included is the notation for the compliance date requirements

paragraphs and/or sections that are affected by this correction to the

proposed amendments.

\[sbull\] Subpart N, chromium electroplating (Sec. 63.343(a))

\[sbull\] Subpart W, epoxy resins and non-nylon polyamides (Sec.

63.521)

\[sbull\] Subpart X, secondary lead smelting (Sec. 63.546)

\[sbull\] Subpart LL, primary aluminum production plants (Sec.

63.847(a))

\[sbull\] Subpart CCC, steel pickling (Sec. 63.1160(a))

\[sbull\] Subpart DDD, mineral wool production (Sec. 63.1180)

\[sbull\] Subpart EEE, hazardous waste combustors (Sec. 63.1206(a))

\[sbull\] Subpart III, flexible polyurethane foam production (Sec.

63.1291)

\[sbull\] Subpart LLL, portland cement (Sec. 63.1351)

\[sbull\] Subpart MMM, pesticide active ingredient production (Sec.

63.1364)

\[sbull\] Subpart NNN, wool fiberglass manufacturing (Sec. 63.1387)

\[sbull\] Subpart RRR, secondary aluminum production (Sec. 63.1501)

\[sbull\] Subpart TTT, primary lead smelting (Sec. 63.1545)

\[sbull\] Subpart VVV, publically owned treatment works (Sec. Sec.

63.1584 and 63.1587).

The second correction we must make to the proposal package is to

ensure that we reserve all of the relevant standards in each of the

applicable subparts. Upon closer review of the proposal package, we

determined that we did not reserve all of the so-called \`\`general

requirements\'\' sections that we should have. In some cases it was

appropriate to delegate these sections, because even though the title

indicated they were \`\`standards\'\' the content of the sections was

clearly related to delegable provisions such as various reporting and

recordkeeping requirements. For example, in subpart CC (petroleum

refineries), Sec. 63.642, general standards, we correctly retained

Sec. Sec. 63.642(g) through (l). These paragraphs require the

following:

\[sbull\] Requires existing sources to control HAP emissions to a

level represented by a specified equation;

\[sbull\] Requires new sources to control HAP emissions to a level

represented by a specified equation;

\[sbull\] Directs source to use specified compliance provisions;

\[sbull\] Describes compliance approach;

\[sbull\] Describes emissions averaging approach. Note, however, that

we correctly delegated Sec. Sec. 63.642(a) through (f) that describe

the following requirements:

\[sbull\] Source must obtain a part 70/71 permit;

\[sbull\] Cross references General Provisions applicability table;

\[sbull\] Initial performance tests and compliance demonstrations

required only as specified in this subpart;

\[sbull\] Recordkeeping requirements;

\[sbull\] Reports sent to Administrator.

However, in other subparts, we inadvertently delegated some

\`\`general standards\'\' requirements. We have corrected this error in

today\'s final rule. The affected subparts and the now-retained general

standards requirements are listed below:

\[sbull\] Subpart DD, offsite waste (Sec. 63.683);

\[sbull\] Subpart HH, oil and natural gas production facilities

(Sec. 63.764);

\[sbull\] Subpart KK, printing and publishing (Sec. 63.823);

\[sbull\] Subpart HHH, natural gas transmission and storage

facilities (Sec. 63.1274);

\[sbull\] Subpart LLL, portland cement manufacturing (Sec. 63.1342).

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We received public comments on only 11 subparts. Following is a

brief description of the proposed changes, the public comments, and our

response to the comments for each affected subpart. In addition, we are

making revisions to the delegation provisions for Subpart LL (Primary

Aluminum) based on the results of an internal review.

1\. Subpart G, HON Standards for Process Vents, Storage Vessels,

Transfer Operations, and Wastewater

Proposed Rule. To clarify which authorities are delegated, we added

the \`\`Implementation and enforcement\'\' section for delegation

provisions to this subpart in a new section, Sec. 63.153. This section

indicates that delegation of authority to approve alternatives cannot

be given to S/L/Ts for the requirements in Sec. Sec. 63.112 through

63.113, 63.119, 63.126, 63.132 through 63.140, and 63.148 through

63.149. In addition, we retained Sec. 63.110, which contains the

applicability requirements for this rule and Sec. 63.150(i)(1) through

(4), which contains the emissions averaging provisions. Section 63.121

describes procedures that should be followed to request the use of

alternative means of emissions limitation for storage vessels. To

retain the intent of the original language of Sec. 63.121, the new

delegation paragraph cross-references the section identifying the

procedures to follow in requesting an alternative means of emission

limitation for storage vessels. In addition, this rule requires that

affected sources meet specific requirements that are contained in other

subparts. We clarified that delegation of those requirements will occur

according to the delegation provisions of the referenced subparts.

Where this subpart requires that affected sources meet specific

requirements that are contained in other subparts, but makes certain

changes to those provisions, we clarified that those provisions should

be changed accordingly and then delegated according to the delegation

provisions of the referenced subpart.

Public Comments. One comment pertained to Sec. 63.133(h) which is

the requirement that \`\`first efforts at repair shall be made no later

than 5 calendar days after identification and repair shall be completed

within 45 calendar days after identification\'\' of improper work

practices or control equipment failure. The commenter believes S/L/Ts

should have the authority to approve alternatives to this requirement.

The commenter also said that the requirement is vaguely defined.

Final Rule. We disagree with the comment regarding the delegation

of the authority to approve alternatives to Sec. 63.133(h). We believe

that this provision is a work practice standard, and thus, it cannot be

delegated to S/L/Ts. We also believe that the requirement is clear with

respect to the responsibility of the source to make a \`\`first effort
at

repair\'\' in a specified time frame. However, the determination of

whether the source\'s response is adequate to meet this requirement is

appropriately made by the permitting authority that receives the

notifications and potential requests for an extension of time.

Therefore, we believe this section already provides adequate

flexibility to the S/L/T in implementing the requirements of Sec.

63.133(h).

2\. Subpart H, HON for Organic Hazardous Air Pollutants for Equipment

Leaks

Proposed Rule. To clarify which authorities are delegated, we added

the \`\`Implementation and enforcement\'\' section in a new section,
Sec.

63.183. The section indicates that delegation of authority to approve

alternatives cannot be given to S/L/Ts for the requirements in

Sec. Sec. 63.160, 63.162 through 63.176, and 63.178 through 63.179.

These sections contain the applicability provisions, emissions

standards, standards for quality improvement programs, and provisions

for alternative emission limitations. There are also instructions to

follow the requirements of Sec. 63.177 to request an alternative means

of emission limitation for batch processes and enclosed-vented process

units.

This subpart also requires affected sources to meet specific

requirements that are contained in other subparts. We clarified in the

implementation and enforcement language that delegation of those

requirements will occur according to the delegation provisions of the

referenced subparts. Where this subpart requires that affected sources

meet specific requirements that are contained in other subparts, but

makes certain changes to those provisions, we clarified that those

provisions should be modified accordingly and then delegated according

to the delegation provisions of the referenced subpart.

Public Comments. We received several public comments regarding the

proposed changes to this subpart. One commenter requested that we

reconsider allowing S/L/Ts to approve alternatives to the provision in

Sec. 63.162(f)(1) that requires a weatherproof and readily visible

identification number attached to equipment, such as valves and pumps,

that have been identified as leaking. Another comment asked us to

reconsider delegating the authority to S/L/Ts to make approvals to

alternatives to Sec. 63.163(b)(1), the requirement to monitor pumps to

detect leaks on a monthly basis.

Final Rule. We agree with the comment to reconsider allowing S/L/Ts

to approve alternatives to the provision in Sec. 63.162(f)(1). This

section is an implementation-related requirement and there may be other

ways to achieve the intent of the standard, which is to detect and

repair equipment leaks on a specified frequency. In order to clarify

this distinction, we have revised the language in Sec. 63.162(f)(1)

and Sec. 63.181, recordkeeping.

However, regarding the comment to reconsider delegating the

authority to S/L/Ts to make approvals to alternatives to Sec.

63.163(b)(1), the requirement to monitor pumps to detect leaks on a

monthly basis, we believe that this requirement is an integral part of

the work practice standard for subpart H because it addresses the

frequency of monitoring efforts. As we said in the proposal package,

the collection of subpart H leak detection and repair requirements

comprise the work practice standard and cannot be delegated.

3\. Subpart L, National Emission Standards for Coke Oven Batteries

Proposed Rule. To clarify which authorities are delegated, we

replaced the delegation provisions\' language with the
\`\`Implementation

and enforcement\'\' section. In the delegation section, we retained the

authorities in Sec. Sec. 63.300 and 63.302 through 63.308. These

sections contain the applicability provisions and emissions standards

for by-product and nonrecovery coke oven batteries, compliance date

extensions, coke oven doors equipped with sheds, work practice

standards, bypass/bleeder stacks, and collecting mains.

The original delegation provisions in Sec. 63.313 contained

language addressing failure of delegated agencies to carry out required

inspections and tests. We retained this language in the revised

delegation provisions, but added language to it and to Sec. 63.309,

\`\`Performance tests and procedures,\'\' explaining that the
Administrator

may also withdraw delegation of authority pursuant to the provisions of

Sec. 63.96.

Public Comments. We received one comment concerning the proposed

revisions to this subpart. The commenter asked for S/L/Ts to be

delegated the authority to approve changes to work practice plans

required by Sec. 63.306(a), the provision requiring sources subject to

this subpart to prepare and submit written emission control work

practice plans for each coke oven battery.

Final Rule. While we believe that the requirements to prepare a

plan that

\[\[Page 37339\]\]

includes specified information and how that plan is implemented is a

work practice standard, we agree with the commenter that the authority

to request revisions to the plan and approve changes is delegable and

is best conducted by the S/L/T. Therefore, we have revised Sec. Sec.

63.306(a) and (d) to clarify that these activities may be conducted by

the Administrator or the delegated permitting authority.

4\. Subpart R, National Emission Standards for Gasoline Distribution

Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

Proposed Rule. To clarify which authorities are delegated, we

replaced the delegation provisions\' language with the
\`\`Implementation

and enforcement\'\' section. This section indicates that delegation of

authority to approve alternatives cannot be given to S/L/Ts for the

requirements in Sec. Sec. 63.420 and 63.422 through 63.424. These

sections contain the applicability provisions and emissions standards

for loading racks, storage vessels, and equipment leaks.

To retain the intent of the original delegation provisions, the

revised delegation section also retains delegation of the authority to

approve major alternatives to the monitoring specified in Sec.

63.427(a)(1) through (4) per Sec. 63.427(a)(5), which contains

provisions for monitoring an alternative operating parameter. To retain

the intent of the original language of Sec. 63.426, the revised

delegation paragraph cross-references that section for procedures to

follow in requesting an alternative means of emission limitation for

storage vessels.

Public Comments. We received one public comment concerning the

proposed changes to this subpart. The commenter asked that S/L/Ts be

granted the authority to approve alternative monitoring frequencies

based on the compliance history of the source under Sec. 63.423(c)

(this requirement is actually promulgated in Sec. 63.424(a)),

described as requiring monthly leak inspections for all equipment in

gasoline service at gasoline terminals or pipeline breakout stations.

The paragraph also says that for these inspections, detection methods

incorporating sight, sound, and smell are acceptable. The commenter

added that S/L/Ts should be allowed to approve an alternative leak

detection method, in their example, the use of a hydrocarbon analyzer.

Final Rule. Our proposal was consistent with our view that the leak

detection and repair requirements in Sec. 63.424 constitute an

integrated program and that changes to any part of the program could

change the effectiveness of the entire program. Therefore, we have not

changed the delegation requirements in subpart R.

5\. Subpart S, National Emission Standards for Hazardous Air Pollutants

From the Pulp and Paper Industry

Proposed Rule. In order to separate delegable authorities from non-

delegable standards, we removed the monitoring and recording

authorities from Sec. 63.450(d)(1) (the Standards for enclosures and

closed-vent systems section) and placed them in Sec. 63.454(e),

\`\`Recordkeeping requirements.\'\' We also added a reference in Sec.

63.450(d)(1) that the provisions of Sec. 63.454(e) must be followed.

To clarify which authorities are delegated, we replaced the

delegation provisions\' language with the \`\`Implementation and

enforcement\'\' section. This section indicates that delegation of

authority to approve alternatives cannot be given to S/L/Ts for the

requirements in Sec. Sec. 63.440, 63.443 through 63.447, and 63.450.

These sections contain the applicability provisions and the emissions

standards for pulping systems, bleaching systems, kraft pulping process

condensates, clean condensate alternatives, and enclosures and closed-

vent systems. This subpart also requires that provisions of another

subpart be followed. In the implementation and enforcement language, we

have clarified that delegation of those requirements will occur

according to the delegation provisions of the subpart that is

referenced.

Public Comments. We received one comment regarding the proposed

revisions to this subpart. The commenter stated that \`\`State and local

agencies should not have to seek individual approvals for the same

alternatives.\'\' The commenter also said that if several facilities
make

the same request for alternative monitoring, EPA would still have to

approve each individually.

Final Rule. The commenter\'s assessment that EPA still must approve

each request for alternative monitoring individually is correct, if the

alternative monitoring request is for a major change to monitoring. The

S/L/Ts have the authority to approve alternatives to monitoring if the

alternatives are considered minor or intermediate. See definitions of

minor, intermediate, and major changes to monitoring in Sec. 63.90.

The commenter is also correct that the approvals must be made on

individual sources and not for more than one source per approval,

unless the S/L/T chooses to approve the changes using the subpart E

equivalency by permit mechanism; see Sec. 63.94. The purpose of the

delegable authorities is to approve alternatives on a case-by-case

basis; the circumstances being particular to one source. Conversely, to

approve alternative monitoring requirements for more than one source, a

S/L/T should use a 40 CFR part 63, subpart E approval mechanism, such

as a rule adjustment or rule substitution; Sec. Sec. 63.92 or 63.93

respectively. Subpart E approval usually requires rulemaking (with

public comment), which is required for changes to more than one source

in a source category.

6\. Subpart T, National Emission Standards for Halogenated Solvent

Cleaning

Proposed Rule. We amended Sec. 63.460 by removing and reserving

paragraph (f). We restructured the work practices in Sec. 63.462 and

created paragraph Sec. 63.462(e) to give S/L/Ts greater flexibility to

approve alternatives that will continue to meet the intent of the

standard. In addition, we amended Sec. 63.463(e)(2)(ix)(B) to

restructure the recordkeeping requirements to make it easier to

delegate them.

To clarify which authorities are delegated, we added the

\`\`Implementation and enforcement\'\' section in a new section, Sec.

63.470. This section indicates that delegation of authority to approve

alternatives cannot be given to S/L/Ts for the requirements in

Sec. Sec. 63.460, 63.462(a) through (d), and 63.463 through 63.464.

Section 63.469 describes procedures that must be followed to

request the use of alternative equipment or an alternative work

practice. Section 63.460(f) also retains the delegation of Sec. Sec.

63.469 and 63.463(d)(9) to the Administrator. The delegation provisions

added in Sec. 63.470 cross-reference Sec. 63.469 for procedures to

follow in requesting an alternative means of emission limitation.

Public Comment. We received two comments regarding the proposed

revisions to this subpart. One comment requested that S/L/Ts be

delegated the authority to approve alternatives to Sec. 63.463(d)(1),

which generally requires sources to control air disturbances across the

cleaning machine opening(s). The commenter added that this requirement

is extremely vague. We also received a comment requesting us to

delegate to S/L/Ts the authority to approve alternatives to Sec.

63.463(d)(9), the requirement that each solvent cleaning machine and

associated controls be maintained according to manufacturer\'s

specifications.

Final Rule. We do not agree with the comment regarding Sec.

63.463(d)(1), the

\[\[Page 37340\]\]

requirement to control air disturbances across the cleaning machine

opening(s). This requirement is a work practice standard whose

authority to approve alternatives cannot be delegated to S/L/Ts.

However, we believe that the requirement is sufficiently broad to allow

several approaches to comply with it. For example, we believe that both

\(1\) covering the openings of cleaning machines with lids when not in

use, and (2) operating the cleaning machines in an enclosed room that

is vented to a control device comply with this provision. Therefore, we

are not delegating this authority to S/L/Ts in the final rule.

We agree with the request to delegate to S/L/Ts the authority to

approve alternatives to Sec. 63.463(d)(9), the requirement that each

solvent cleaning machine and associated controls be maintained

according to manufacturer\'s specifications. We are revising the

proposed changes to this subpart to add the delegation of this

authority.

7\. Subpart X, National Emissions Standards for Hazardous Air Pollutants

From Secondary Lead Smelting

Proposed Rule. We restructured the work practices in Sec. 63.545

to give S/L/Ts greater flexibility in approving alternatives that still

meet the intent of the standard by adding a paragraph to explain that

either the Administrator or delegated S/L/T authorities may approve

alternatives to the fugitive dust reduction practices in Sec.

63.545(c).

To clarify which authorities are delegated, we added the

\`\`Implementation and enforcement\'\' section for the delegation

provisions in a new section, Sec. 63.551. This section indicates that

delegation of authority to approve alternatives cannot be given to S/L/

Ts for the requirements in Sec. Sec. 63.541, and 63.543 through

63.545(a) through (e). These sections contain the applicability

provisions and emissions standards for process sources, process

fugitive sources, and fugitive dust sources.

Public Comments. We received one comment regarding the proposed

revisions to this subpart. The commenter requested that EPA delegate

the authority to approve alternatives to Sec. 63.545(a), the

requirement for each owner or operator of a secondary lead smelter to

prepare and operate according to a standard operating procedures

manual.

Final Rule. We agree with the comment that EPA should delegate the

authority to approve alternatives to Sec. 63.545(a), the requirement

for each owner or operator of a secondary lead smelter to prepare and

operate according to a standard operating procedures manual. In fact,

Sec. 63.545(b) already allows the source to submit the standard

operating procedure manual to the Administrator or delegated authority

for review and approval. We have revised the delegation provisions in

new Sec. 63.551 to clarify that this authority is delegable.

8\. Subpart DD, National Emission Standards for Hazardous Air Pollutants

From Off-Site Waste and Recovery Operations

Proposed Rule. Section 63.684, \`\`Standards for off-site material

treatment,\'\' contains monitoring requirements, and Sec. 63.693,

\`\`Standards for closed-vent systems and control devices,\'\' contains

monitoring and inspection requirements which are delegable authorities.

We rephrased the language of Sec. 63.684(e)(1) to remove the

monitoring and reporting requirements from that section. Those

requirements were added to Sec. 63.695, \`\`Inspection and monitoring

requirements\'\' in Sec. 63.695(e), with an introductory paragraph to

match the format of the section in Sec. 63.695(a)(4). The continuous

monitoring requirements and visual inspection requirements in Sec.

63.693(b)(4)(i) and Sec. 63.693(c)(2)(ii) were also removed and placed

in Sec. 63.695(c)(1)(ii)(C) and (D).

To clarify which authorities can be delegated, we replaced the

delegation provisions\' language with the \`\`Implementation and

enforcement\'\' section. This section indicates that delegation of

authority to approve alternatives cannot be given to S/L/Ts for the

requirements in Sec. Sec. 63.680, 63.684 through 63.691, and 63.693.

These sections contain applicability provisions and the standards for

off-site material treatment, tanks, oil-water and organic-water

separators, surface impoundments, containers, transfer systems, process

vents, equipment leaks, closed-vent systems, and control devices. In

addition, this rule requires that affected sources meet specific

requirements that are contained in other subparts. In the

implementation and enforcement language, we have clarified that

delegation of those requirements will occur according to the delegation

provisions of the subpart that is referenced.

Public Comments. We received one comment letter regarding the

proposed revisions to this subpart. The commenter disagreed with our

proposed text changes to this subpart. The commenter pointed out that

the proposed changes to this subpart conflict with modifications made

to this subpart on July 20, 1999 (64 FR 38970). More specifically, the

commenter requested that we correct our proposal to modify Sec.

63.693(b)(4)(i). In the proposal, we moved the continuous monitoring

and visual inspection requirements in Sec. 63.693(b)(4)(i) to a new

paragraph in Sec. 63.695(c)(1)(ii). The commenter indicated that this

proposed revision is problematic because the paragraph following

(b)(4)(i) is (b)(4)(ii), which is an alternate process to meeting the

requirements of paragraph (b)(4)(i) which we proposed to eliminate.

Another comment referred to the proposed changes to Sec. 63.695, the

Inspection and monitoring requirements. We proposed to add introductory

text to Sec. 63.695(e) that had already been added to the July 20,

1999 modifications to this subpart, i.e., Sec. 63.695(e)(1)(i).

Final Rule. We agree with the commenter. We inadvertently used an

outdated version of this subpart to formulate our proposed revisions.

As a result, our proposed revisions do not agree with the modifications

made to this subpart on July 20, 1999.

After evaluating the current version of Sec. 63.693(b)(4)(i), we

determined that there is not any confusion remaining between the

standards and otherwise delegable requirements. Thus, we are

withdrawing our proposed changes to Sec. 63.693(b)(4). We are also

withdrawing our proposed changes to Sec. 63.695(e), adding

introductory text, because similar language already exists in Sec.

63.695(e)(1)(i). We are retaining the rest of the proposed text changes

to this subpart.

9\. Subpart GG, National Emission Standards for Aerospace Manufacturing

and Rework Facilities

Proposed Rule. We restructured the work practices in Sec. 63.744

to give S/L/Ts greater flexibility in approving alternatives by

clarifying that either the Administrator or delegated S/L/Ts may

approve alternatives to the cleaning operations measures in Sec.

63.744(a).

To clarify which authorities are delegated, we added the

\`\`Implementation and enforcement\'\' section for the delegation

provisions in a new section, Sec. 63.759. This section indicates that

delegation of authority to approve alternatives cannot be given to S/L/

Ts for the requirements in Sec. Sec. 63.741, 63.743, 63.744(a)(1)

through (3), 63.744(b) through (e), 63.745 through 63.748, and

63.749(a). These sections contain the applicability provisions,

cleaning, primer and top-coat application, depainting, chemical milling

maskant application, and waste handling and storage standards, and the

compliance dates for this rule.

\[\[Page 37341\]\]

Public Comments. We received two comments regarding the proposed

revisions to this subpart. The commenter asked that S/L/Ts be delegated

the authority to approve alternatives to Sec. 63.746(b)(4)(iii)(A),

the requirement to maintain the dry particulate filter system in good

working order. Another comment requested that we delegate to S/L/Ts the

authority to approve alternatives to Sec. 63.744(a)(3), the

requirement to conduct the handling and transfer of cleaning solvents

to or from enclosed systems \* \* \* in such a manner to minimize
spills.

Final Rule. Section 63.746(b)(4)(iii)(A), the requirement to

maintain the dry particulate filter system in good working order, is a

work practice standard and, as described above, cannot be delegated to

S/L/Ts. However, we believe this provision is written broadly enough to

allow more than one approach to maintaining the dry particulate filter

system in good working order. For example, the S/L/T could specify

minimum and maximum pressure drop levels and filter replacement

schedule to meet the intent of the \`\`maintain in good working
order\'\'

provision. Similarly, the requirement to conduct the handling and

transfer of cleaning solvents to or from enclosed systems \* \* \* in
such

a manner to minimize spills, Sec. 63.744(a)(3), is a work practice

standard and it cannot be delegated to S/L/Ts. However, we believe this

provision is written broadly enough to allow more than one approach to

minimizing spills from the transfer of cleaning solvents. For example,

the S/L/T could require implementation of this requirement in the form

of a \`\`no visible leak\'\' provision (or numerous other specific

requirements). Therefore, we are not revising the proposed changes to

this subpart in today\'s rulemaking.

10\. Subpart JJ, National Emission Standards for Wood Furniture

Manufacturing Operations

Proposed Rule. We clarified that Sec. 63.803(c), \`\`Work practice

standards,\'\' contains reasonably separable requirements for an

inspection and maintenance plan in Sec. Sec. 63.803(c)(1) through (4),

that are not considered part of the standard and, thus, are delegable.

To clarify which authorities are delegated, we replaced the

delegation provisions\' language with the \`\`Implementation and

enforcement\'\' section. This section indicates that delegation of

authority to approve alternatives cannot be given to S/L/Ts for the

requirements in Sec. Sec. 63.802 and 63.803(a) through (b), (c)

introductory text, and (d) through (l). These sections contain the

standards for this rule. This section also shows that delegation of

authority to approve alternatives cannot be given to S/L/Ts for the

applicability provisions in Sec. 63.800. To retain the intent of the

original delegation provisions in Sec. 63.808, the revised delegation

section also reserves the monitoring and compliance assurance measures

and test methods in Sec. Sec. 63.804(f)(4)(iv)(D) and (E),

63.804(g)(4)(iii)(C), 63.804(g)(4)(vi), 63.804(g)(6)(vi), 63.805(a),

63.805(d)(2)(v), and 63.805(e)(1).

Public Comments. We received numerous public comments concerning

the proposed revisions to this subpart. The commenter asked that S/L/Ts

be delegated the authority to approve or disapprove alternatives to

Sec. 63.803(c), which requires an owner or operator of a facility

subject to this subpart to prepare and maintain an inspection and

maintenance plan. The same commenter also asked that S/L/Ts be

delegated the authority to approve or disapprove proposed alternatives

to Sec. 63.803(a), which requires an owner or operator of a facility

subject to this subpart to prepare and maintain a work practice

implementation plan. The commenter added that \`\`\[a\] plan for

implementing work practices may be unnecessary.\'\' Another comment was

received concerning Sec. 63.803(l), which requires a formulation

assessment plan for finishing operations. The commenter said that S/L/

Ts should have the authority to approve or disapprove alternatives to

meet the intent of this provision. The commenter stated that S/L/Ts

should be delegated the authority to approve or disapprove alternatives

to Sec. 63.803(b), which requires all owners and operators of

facilities subject to this subpart to \`\`train all new and existing

personnel, including contract personnel, who are involved in finishing,

gluing, cleaning, and washoff operations, use of manufacturing

equipment, or implementation of the requirements of this subpart.\'\'

Again, the commenter stated that S/L/Ts \`\`should be allowed to approve

alternative mechanism(s) to meet the intent of the requirement.\'\'

Another comment was received concerning Sec. 63.803(d), the

requirement for owner or operator of an affected source to develop an

organic HAP solvent accounting form to record the quantity and type of

organic HAP solvents used and other pertinent information regarding

organic HAP solvent use. The commenter said that S/L/Ts \`\`should be

allowed to approve alternative mechanism(s) to meet the intent of the

requirement.\'\' Another comment concerned Sec. 63.803(l)(5), which

requires the owner or operator to confer with the permitting authority

to discuss the reason for the 15% increase (above the baseline level)

of solvent use and whether there are practical and reasonable

technology-based resolutions for the increase. Again, the commenter

stated that S/L/Ts \`\`should be allowed to approve alternative

mechanism(s) to meet the intent of the requirement.\'\'

Final Rule. The commenter is correct that there are several

paragraphs in Sec. 63.803 that require the owner or operator to

prepare a plan to implement the work practice standards. We have

changed the final rule to clarify that the overall implementation plan

in Sec. 63.803(a), the inspection and maintenance plan in Sec.

63.803(c), and the formulation assessment plan in Sec. 63.803(l) are

approvable by the S/L/Ts.

We disagree with the commenter that the work practice

implementation plan required by Sec. 63.803(a) may be unnecessary.

This requirement is a work practice standard that ensures each owner or

operator understands, plans for, and adequately implements the

requirements in Sec. Sec. 63.803(b) through (l). The commenter also

suggested several instances where S/L/Ts should have the ability to

approve alternatives to the requirements specified in Sec. 63.803.

With the exception of Sec. Sec. 63.803(c)(1) through (4), we cannot

delegate this authority because the requirements are work practice

standards. However, S/L/Ts have the authority to determine whether the

criteria in Sec. Sec. 63.803 are met. For example, S/L/Ts cannot

eliminate the requirement for operator training in Sec. 63.803(b).

However, S/L/Ts approve a range of implementation options to satisfy

the operator training requirements, such as (but not limited to)

allowing wood furniture manufacturing staff to attend a general, state-

developed operator course.

11\. Subpart LL, National Emission Standards for Primary Aluminum

Reduction Plants.

Proposed Rule. To clarify which authorities are delegated, we

replaced the delegation provisions\' language with the
\`\`Implementation

and enforcement\'\' section. This section now shows that delegation of

authority to approve alternatives cannot be given to S/L/T agencies for

the requirements in Sec. Sec. 63.840, 63.843 through 63.844, 63.845(b)

through (e), (h) through (i), and 63.846. These sections contain the

applicability provisions, emission standards for existing and new or

reconstructed sources, standards for incorporation of new source

performance standards for potroom groups, and emissions averaging

provisions.

\[\[Page 37342\]\]

Final Rule. We did not receive any public comments on the proposed

changes to this rule. However, subsequent internal review revealed

inconsistencies in the proposed delegation provisions compared to the

original rule. Because this rule has been implemented in its current

form for many years and is working well, we do not want to change the

role of the regulatory authority in implementing the rule. Therefore,

we have revised the delegation provisions in this final rule to ensure

that they are consistent with the intent of the original rule.

12\. Subpart VV, National Emission Standards for Oil-Water Separators

and Organic-Water Separators

Proposed Rule. We added the \`\`Implementation and enforcement\'\'

section for the delegation provisions in a new section, Sec. 63.1050.

This section indicates that delegation of authority to approve

alternatives cannot be given to S/L/Ts for the requirements in

Sec. Sec. 63.1040 and 63.1042 through 63.1044. These sections contain

the applicability provisions, the emissions standards for separators

with fixed and floating roofs, and those vented to a control device.

This subpart also requires provisions of subpart DD to be followed. In

the implementation and enforcement language, we have clarified that

delegation of those requirements will occur according to the delegation

provisions of subpart DD.

Public Comments. We received one comment regarding the proposed

changes to this subpart. The commenter requested that EPA delegate to

S/L/Ts the authority to approve alternatives to Sec. 63.1043(b)(3),

the requirement for each opening in a floating roof be equipped with a

closure device that when secured, there are no visible cracks, holes,

gaps, or other open spaces in the roof or closure device. The commenter

added that S/L/Ts \`\`should be allowed to approve alternative using

hydrocarbon analyzer or gap measurement technique.\'\'

Final Rule. We disagree with the comment that S/L/Ts should be

delegated the authority to approve alternatives to Sec. 63.1043(b)(3),

the requirement for each opening in a floating roof be equipped with a

closure device that when secured, there are no visible cracks, holes,

gaps, or other open spaces in the roof or closure device and, thus,

have not delegated this requirement to S/L/Ts. This requirement is a

work practice standard which, as described above, may not be delegated

to S/L/Ts. This is also a case where we do not think there is

flexibility in the standard to allow different implementation methods.

This is because it is not clear that a gap measurement technique or use

of a hydrocarbon analyzer or other leak detection technique is

equivalent to the requirement to ensure there are no visible cracks,

etc. For example, a gap measurement technique may imply that some

degree of crack or gap would be acceptable which is counter to our

interpretation of this requirement and, therefore, we would not

consider this technique to be more stringent. Similarly, without a

comparison of leaks expected to occur under a \`\`no visible crack\'\'

requirement to the leak detection limits of individual equipment and a

leak detection schedule, we cannot determine whether the substituted

method would be at least equivalent to the current requirement.

III\. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA

must determine whether the regulatory action is \`\`significant\'\' and

therefore subject to review by the Office of Management and Budget

(OMB) on the basis of the requirements of the Executive Order, in

addition to its normal review requirements. The Executive Order defines

\`\`significant regulatory action\'\' as one that is likely to result in
a

rule that may:

\(1\) Have an annual effect on the economy of \$100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

\(2\) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

\(3\) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs, or the rights and obligations of

recipients thereof; or

\(4\) Raise novel legal or policy issues arising out of legal

mandates, the President\'s priorities, or the principles set forth in

the Executive Order.

These rule changes will not have an annual effect on the economy of

\$100 million or more, and therefore are not considered economically

significant. In addition, we have determined that this rule is not a

\`\`significant regulatory action\'\' because it does not contain novel

policy issues.

B. Paperwork Reduction Act

This action does not impose an information collection burden under

the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Today\'s rulemaking contains changes to rules that already have approved

information collection requirements and valid OMB control numbers as

required by the Paperwork Reduction Act. The changes in today\'s

rulemaking are **clarifications** to the relationship between EPA and
the

S/L/Ts that have chosen to implement and enforce the rules. Therefore,

there is no change in the burden that the rules impose on sources or S/

L/Ts.

Burden means the total time, effort, or financial resources

expended by persons to generate, maintain, retain, or disclose or

provide information to or for a Federal agency. This includes the time

needed to review instructions; develop, acquire, install, and utilize

technology and systems for the purpose of collecting, validating, and

verifying information; process and maintain information and disclose

and provide information; adjust the existing ways to comply with any

previously applicable instructions and requirements; train personnel to

respond to a collection of information; search existing data sources;

complete and review the collection of information; and transmit or

otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required

to respond to a collection of information unless it displays a

currently valid OMB control number. The OMB control numbers for EPA\'s

**regulations** are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act generally requires an agency to

prepare a regulatory flexibility analysis of any rule subject to notice

and comment rulemaking requirements unless the agency certifies that

the rule will not have a significant economic impact on a substantial

number of small entities. Small entities include small businesses,

small organizations, and small governmental jurisdictions.

For purposes of assessing the impacts of today\'s rule on small

entity, small entity is defined as: (1) A small business as defined by

the Small Business Administration: (2) A small governmental

jurisdiction that is a government of a city, county, town, school

district or special district with a population of less than 50,000; and

\(3\) a small organization that is any not-for-profit enterprise which
is

independently owned and operated and is not dominant in its field.

After considering the economic impacts of today\'s final rule on

small entities, we certify that this action will not have a significant

economic impact

\[\[Page 37343\]\]

on a substantial number of small entities. This final rule will not

impose any requirements on small entities. We believe that there will

be little or no impact on small entities as a result of these rule

revisions. State, local, and tribal governments are the only entities

affected by this action and we expect that most or all of the

governments which would have the authority to accept delegation under

section 112(l) of the Act are those whose populations exceed 50,000

persons and are thus, not considered \`\`small.\'\' In the case of
tribal

jurisdictions where population will not exceed 50,000 persons, we still

believe that there will be little or no impact as a result of these

revisions because none currently have air toxics programs. Furthermore,

these rule revisions add flexibility and clarity to the existing NESHAP

that these governments may choose to implement and enforce and,

therefore, eases rather than imposes burdens.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on S/L/T governments and the

private sector. Under section 202 of the UMRA, we generally must

prepare a written statement, including a cost-benefit analysis, for

proposed and final rules with \`\`Federal mandates\'\' that may result
in

expenditures to S/L/T governments, in the aggregate, or to the private

sector of \$100 million or more in any 1 year. Before promulgating an

EPA rule for which a written statement is needed, section 205 of the

UMRA generally requires us to identify and consider a reasonable number

of regulatory alternatives and adopt the least costly, most cost-

effective, or least burdensome alternative that achieves the objectives

of the rule. The provisions of section 205 do not apply when they are

inconsistent with applicable law. Moreover, section 205 allows us to

adopt an alternative other than the least costly, most cost-effective,

or least burdensome alternative if EPA publishes with the final rule an

explanation why that alternative was not adopted. Before we establish

any regulatory requirements that may significantly or uniquely affect

small governments, including tribal governments, we must have developed

under section 203 of the UMRA a small government agency plan. The plan

must provide for notifying potentially affected small governments,

enabling officials of affected small governments to have meaningful and

timely input in the development of EPA **regulations** with significant

Federal intergovernmental mandates, and informing, educating, and

advising small governments on compliance with the regulatory

requirements.

Today\'s rule changes contain no Federal mandates (under the

regulatory provisions of title II of the UMRA) for S/L/T governments or

the private sector. Because the rule is estimated to result in the

expenditure by S/L/T governments of significantly less than \$100

million in any 1 year, we have not prepared a budgetary impact

statement or specifically addressed the selection of the least costly,

most effective, or least burdensome alternative. Because small

governments will not be significantly or uniquely affected by this

rule, we are not required to develop a plan with regard to small

governments. Moreover, this action clarifies the relationship between

EPA and the S/L/Ts who have voluntarily requested delegation of the

part 63 NESHAP, so it does not impose any mandates on those entities.

Therefore, the requirements of the Unfunded Mandates Reform Act do not

apply to this action.

E. Executive Order 13132: Federalism

Executive Order 13132, entitled \`\`Federalism\'\' (64 FR 43255, August

10, 1999), requires EPA to develop an accountable process to ensure

\`\`meaningful and timely input by State and Local officials in the

development of regulatory policies that have federalism
implications.\'\'

\`\`Policies that have federalism implications\'\' is defined in the

Executive Order to include **regulations** that have \`\`substantial
direct

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government.\'\'

Under section 6 of Executive Order 13132, EPA may not issue a

regulation that has federalism implications, that imposes substantial

direct compliance costs, and that is not required by statute, unless

the Federal government provides the funds necessary to pay the direct

compliance costs incurred by State and Local governments or EPA

consults with State and Local officials early in the process of

developing the regulation. The EPA also may not issue a regulation that

has federalism implications and that preempts State law, unless the

Agency consults with State and Local officials early in the process of

developing the regulation.

The changes in today\'s rulemaking do not have federalism

implications. They will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government, as specified in Executive Order 13132,

because this rule only clarifies which portions of the existing NESHAP

contain authorities that can be delegated to S/L/T governments and does

not create any new requirements for S/L/Ts. In other words, this

rulemaking only makes insignificant **clarifications** to existing
NESHAP

and is not expected to have any additional impact on the relationship

between S/L/Ts and the Federal government. Thus, the requirements of

section 6 of the Executive Order do not apply to today\'s rulemaking.

F. Executive Order 13175: Consultation and Coordination With Indian

Tribal Governments

Executive Order 13175, entitled \`\`Consultation and Coordination

with Indian Tribal Governments\'\' (65 FR 67249, November 9, 2000),

requires EPA to develop an accountable process to ensure \`\`meaningful

and timely input by tribal officials in the development of regulatory

policies that have tribal implications.\'\' We believe that this final

rule does not have tribal implications as specified in Executive Order

13175\. Because it implements a voluntary program, today\'s rulemaking

imposes no direct compliance costs on these communities. Thus,

Executive Order 13175 does not apply to this rule. However, we did

inform tribes of the final rulemaking through the Tribal Environmental

Newsletter.

G. Executive Order 13045: Protection of Children From Environmental

Health Risks and Safety Risks

Executive Order 13045, entitled \`\`Protection of Children From

Environmental Health Risks and Safety Risks\'\' (62 FR 19885, April 23,

1997), applies to any rule that: (1) Is determined to be
\`\`economically

significant\'\' as defined under Executive Order 12866; and (2) concerns

an environmental health or safety risk that EPA has reason to believe

may have a disproportionate effect on children. If the regulatory

action meets both criteria, the Agency must evaluate the environmental

health or safety effects of the planned rule on children, and explain

why the planned regulation is preferable to other potentially effective

and reasonably feasible alternatives considered by the Agency.

This final rule is not subject to the Executive Order because it is

not economically significant as defined in

\[\[Page 37344\]\]

Executive Order 12866, and because the Agency does not have reason to

believe the environmental health or safety risks addressed by this

action present a disproportionate risk to children because we believe

that this package as a whole will result in equal or better

environmental protection than currently provided by the existing

**regulations**, and do so in a more streamlined and effective manner.

H. Executive Order 13211: Actions That Significantly Affect Energy

Supply, Distribution, or Use

This rule is not subject to Executive Order 13211, \`\`Actions

Concerning **Regulations** That Significantly Affect Energy Supply,

Distribution, or Use\'\' (66 FR 28355 (May 22, 2001)) because it is not
a

significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

Section 12(d) of the National Technology Transfer and Advancement

Act (NTTAA) of 1995 (Public Law No. 104-113) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus standards in their regulatory

and procurement activities unless to do so would be inconsistent with

applicable law or otherwise impractical. Voluntary consensus standards

are technical standards (e.g., materials specifications, test methods,

sampling procedures, business practices) developed or adopted by one or

more voluntary consensus bodies. The NTTAA directs EPA to provide

Congress, through annual reports to the Office of Management and Budget

(OMB), with explanations when an agency does not use available and

applicable voluntary consensus standards.

The changes in today\'s rulemaking do not affect selection of

technical standards that are contained in the existing subparts.

Therefore, we are not considering the use of any voluntary consensus

standards.

J. Executive Order 12898: Federal Actions To Address Environmental

Justice in Minority Populations and Low-Income Populations

Executive Order 12898 requires that each Federal agency make

achieving environmental justice part of its mission by identifying and

addressing, as appropriate, disproportionately high and adverse human

health or environmental effects of its programs, policies, and

activities on minorities and low-income populations.

The EPA believes that today\'s rule should not raise any

environmental justice issues. The intent of the rule is to clarify the

delegation provisions in existing NESHAP and will not impact the

emissions reductions provisions in these NESHAP. As a result, it

appears unlikely that this program would permit any adverse effects on

local populations. The EPA did not receive any public comments

regarding this executive order.

K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

U.S. The EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the U.S. prior to

publication of the rule in the Federal Register. A \`\`major rule\'\'

cannot take effect until 60 days after it is published in the Federal

Register. This action is a \`\`major rule\'\' as defined by 5 U.S.C.

section 804(2). This rule will be effective on August 22, 2003.

IV\. Statutory Authority

The statutory authority for this action is provided by sections

101, 112, 114, 116, and 301 of the Act as amended (42 U.S.C. 7401,

7412, 7414, 7416, and 7601). This rulemaking is also subject to section

307(d) of the Act (42 U.S.C. 7407(d)).

V. Judicial Review

Under section 307(b)(1) of the Act, judicial review of these final

rules are available only by the filing of a petition for review in the

U.S. Court of Appeals for the District of Columbia Circuit by August

22, 2003. Any such judicial review is limited to only those objections

that are raised with reasonable specificity in timely comments. Under

section 307(b)(2) of the Act, the requirements that are the subject of

this final rule may not be challenged later in civil or criminal

proceedings brought by us to enforce these requirements.

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practices and procedures,

Air pollution control, Hazardous substances, Intergovernmental

relations, Reporting and recordkeeping requirements.

Dated: May 29, 2003.

Christine Todd Whitman,

Administrator.

0

For the reasons set out in the preamble, title 40, chapter 1 of the

Code of Federal **Regulations** is amended as follows:

PART 63\--\[AMENDED\]

0

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

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

Subpart F\--\[Amended\]

0

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

Sec. 63.106 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to requirements in Sec. Sec. 63.100,

63.102, and 63.104. Where these standards reference another subpart,

the cited provisions will be delegated according to the delegation

provisions of the referenced subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart G\--\[Amended\]

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

\[\[Page 37345\]\]

Sec. 63.153 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.110, 63.112 through 63.113, 63.119, 63.126, 63.132 through 63.140,

63.148 through 63.149, and 63.150(i)(1) through (4). Follow the

requirements in Sec. 63.121 to request permission to use an

alternative means of emission limitation for storage vessels. Where

these standards reference another subpart, the cited provisions will be

delegated according to the delegation provisions of the referenced

subpart. Where these standards reference another subpart and modify the

requirements, the requirements shall be modified as described in this

subpart. Delegation of the modified requirements will also occur

according to the delegation provisions of the referenced subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart H\--\[Amended\]

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

follows:

Sec. 63.162 Standards: General.

\* \* \* \* \*

\(f\) \* \* \*

\(1\) Clearly identify the leaking equipment.

\* \* \* \* \*

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

follows:

Sec. 63.181 Recordkeeping requirements.

\* \* \* \* \*

\(b\) \* \* \*

\(10\) For any leaks detected as specified in Sec. Sec. 63.163 and

63.164; Sec. Sec. 63.168 and 63.169; and Sec. Sec. 63.172 through

63.174 of this subpart, a weatherproof and readily visible

identification, marked with the equipment identification number, shall

be attached to the leaking equipment.

\* \* \* \* \*

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

Sec. 63.183 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.160, 63.162 through 63.176, 63.178 through 63.179. Follow the

applicable procedures of Sec. 63.177 to request an alternative means

of emission limitation for batch processes and enclosed-vented process

units. Where these standards reference another subpart, the cited

provisions will be delegated according to the delegation provisions of

the referenced subpart. Where these standards reference another subpart

and modify the requirements, the requirements shall be modified as

described in this subpart. Delegation of the modified requirements will

also occur according to the delegation provisions of the referenced

subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart I\--\[Amended\]

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

Sec. 63.193 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.190 and 63.192(a) through (b), (e), and (h) through (j). Where these

standards reference another subpart, the cited provisions will be

delegated according to the delegation provisions of the referenced

subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart L\--\[Amended\]

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8\. Section 63.306 is amended by revising paragraphs (a) introductory

text, (a)(1), (a)(2), and (d) to read as follows.

\[\[Page 37346\]\]

Sec. 63.306 Work practice standards.

\(a\) Work practice plan. On or before November 15, 1993, each owner

or operator shall prepare and submit a written emission control work

practice plan for each coke oven battery. The plan shall be designed to

achieve compliance with visible emission limitations for coke oven

doors, topside port lids, offtake systems, and charging operations

under this subpart, or, for a coke oven battery not subject to visible

emission limitations under this subpart, other federally enforceable

visible emission limitations for these emission points.

\(1\) The work practice plan must address each of the topics

specified in paragraph (b) of this section in sufficient detail and

with sufficient specificity to allow the reviewing authority to

evaluate the plan for completeness and enforceability.

\(2\) The initial plan and any revisions shall be submitted to the

Administrator or the delegated State, local, or Tribal authority. The

Administrator (or delegated State, local, or Tribal authority) may

require revisions to the initial plan only where the Administrator (or

delegated State, local, or Tribal authority) finds either that the plan

does not address each subject area listed in paragraph (b) of this

section for each emission point subject to a visible emission standard

under this subpart, or that the plan in unenforceable because it

contains requirements that are unclear.

\* \* \* \* \*

\(d\) Revisions to plan. Revisions to the work practice emission

control plan will be governed by the provisions in this paragraph (d)

and in paragraph (a)(2) of this section. The reviewing authority is the

Administrator or the delegated State, local, or Tribal authority.

\(1\) The reviewing authority may request the owner or operator to

review and revise as needed the work practice emission control plan for

a particular emission point if there are 2 exceedances of the

applicable visible emission limitation in the 6-month period that

starts 30 days after the owner or operator is required to implement

work practices under paragraph (c) of this section. In the case of a

coke oven battery subject to visual emission limitations under this

subpart, the second exceedance must be independent of the criteria in

paragraph (c)(1)((i) of this section.

\(2\) The reviewing authority may not request the owner or operator

to review and revise the plan more than twice in any 12 consecutive

month period for any particular emission point unless the reviewing

authority disapproves the plan according to the provisions in paragraph

(d)(6) of this section.

\(3\) If the certified observer calculates that a second exceedance

(or, if applicable, a second independent exceedance) has occurred, the

certified observer shall notify the owner or operator. No later than 10

days after receipt of such a notification, the owner or operator shall

notify the reviewing authority of any finding of whether work practices

are related to the cause or the solution of the problem. The

notification is subject to review by the reviewing authority according

to the provisions in paragraph (d)(6) of this section.

\(4\) The owner or operator shall submit a revised work practice plan

within 60 days of notification from the reviewing authority under

paragraph (d)(1) of this section, unless the reviewing authority grants

an extension of time to submit the revised plan.

\(5\) If the reviewing authority requires a plan revision, the

reviewing authority may require the plan to address a subject area or

areas in addition to those in paragraph (b) of this section, if the

reviewing authority determines that without plan coverage of such an

additional subject area, there is a reasonable probability of further

exceedances of the visible emission limitation for the emission point

for which a plan revision is required.

\(6\) The reviewing authority may disapprove a plan revision required

under paragraph (d) of this section if the reviewing authority

determines that the revised plan is inadequate to prevent exceedances

of the visible emission limitation under this subpart for the emission

point for which a plan revision is required or, in the case of a

battery not subject to visual emission limitations under this subpart,

other federally enforceable emission limitations for such emission

point. The reviewing authority may also disapprove the finding that may

be submitted pursuant to paragraph (d)(3) of this section if the

reviewing authority determines that a revised plan is needed to prevent

exceedances of the applicable visible emission limitations.

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

follows:

Sec. 63.309 Performance tests and procedures.

\(a\) \* \* \*

(5)(i) The EPA shall be the enforcement agency during any period of

time that a delegation of enforcement authority is not in effect or a

withdrawal of enforcement authority under Sec. 63.313 is in effect,

and the Administrator is responsible for performing the inspections

required by this section, pursuant to Sec. 63.313(c).

\* \* \* \* \*

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

Sec. 63.313 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (d) of this section are

retained by the Administrator and cannot be transferred to the State,

local, or Tribal agency.

\(c\) Withdrawal of authority:

\(1\) Whenever the Administrator learns that a delegated agency has

not fully carried out the inspections and performance tests required

under Sec. 63.309 for each applicable emission point of each battery

each day, the Administrator shall immediately notify the agency. Unless

the delegated agency demonstrates to the Administrator\'s satisfaction

within 15 days of notification that the agency is consistently carrying

out the inspections and performance tests required under Sec. 63.309

in the manner specified in the preceding sentence, the Administrator

shall notify the coke oven battery owner or operator that inspections

and performance tests shall be carried out according to Sec.

63.309(a)(5). When the Administrator determines that the delegated

agency is prepared to consistently perform all the required inspections

and performance tests each day, the Administrator shall give the coke

oven battery owner or operator at least 15 days notice that

implementation will revert to the previously delegated agency.

\(2\) In addition to the provisions in paragraph (c)(1) of this

section, the Administrator may also withdraw delegation of authority

pursuant to the provisions of Sec. 63.96 of subpart E of this part.

\(d\) The authorities that cannot be delegated to State, local, or

Tribal

\[\[Page 37347\]\]

agencies are as specified in paragraphs (d)(1) through (5) of this

section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.300 and 63.302 through 63.308 (except the authorities in

63.306(a)(2) and (d)).

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of any changes to section 2 of Method 303 in appendix

A of this part.

\(4\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(5\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart M\--\[Amended\]

0

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

Sec. 63.326 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.320 and 63.322(a) through (j). Follow the requirements in Sec.

63.325 to demonstrate that alternative equipment or procedures are

equivalent to the requirements of Sec. 63.322.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart N\--\[Amended\]

0

12\. Section 63.342 is amended:

0

a\. By revising paragraph (f) introductory text.

0

b\. Revising paragraph (f)(3)(i) introductory text.

0

c\. Revising paragraphs (f)(3)(i)(B) and (C).

0

d\. Revising the headings for Table 1 and its columns.

0

The revisions read as follows:

Sec. 63.342 Standards.

\* \* \* \* \*

\(f\) Operation and maintenance practices. All owners or operators

subject to the standards in paragraphs (c) and (d) of this section are

subject to these operation and maintenance practices.

\* \* \* \* \*

\(3\) Operation and maintenance plan.

\(i\) The owner or operator of an affected source subject to

paragraph (f) of this section shall prepare an operation and

maintenance plan to be implemented no later than the compliance date,

except for hard chromium electroplaters and the chromium anodizing

operations in California which have until January 25, 1998. The plan

shall be incorporated by reference into the source\'s title V permit, if

and when a title V permit is required. The plan shall include the

following elements:

\* \* \* \* \*

\(B\) For sources using an add-on control device or monitoring

equipment to comply with this subpart, the plan shall incorporate the

operation and maintenance practices for that device or monitoring

equipment, as identified in Table 1 of this section, if the specific

equipment used is identified in Table 1 of this section;

\(C\) If the specific equipment used is not identified in Table 1 of

this section, the plan shall incorporate proposed operation and

maintenance practices. These proposed operation and maintenance

practices shall be submitted for approval as part of the submittal

required under Sec. 63.343(d);

\* \* \* \* \*

Table 1 to Sec. 63.342.\--Summary of Operation and Maintenance

Practices

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Operation and

Control technique maintenance Frequency

practices

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

\* \* \* \* \* \* \*

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

0

13\. Section 63.343 is amended by revising paragraph (d) to read as

follows:

Sec. 63.343 Compliance provisions.

\* \* \* \* \*

\(d\) An owner or operator who uses an air pollution control device

not listed in this section shall submit a description of the device,

test results collected in accordance with Sec. 63.344(c) verifying the

performance of the device for reducing chromium emissions to the

atmosphere to the level required by this subpart, a copy of the

operation and maintenance plan referenced in Sec. 63.342(f) including

operation and maintenance practices, and appropriate operating

parameters that will be monitored to establish continuous compliance

with the standards. The monitoring plan submitted identifying the

continuous compliance monitoring is subject to the Administrator\'s

approval.

0

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

Sec. 63.348 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\[\[Page 37348\]\]

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.340, 63.342(a) through (e) and (g), and 63.343(a).

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart O\--\[Amended\]

0

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

Sec. 63.368 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.360 and 63.362.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart Q\--\[Amended\]

0

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

Sec. 63.407 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.400 and 63.402 through 63.403.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart R\--\[Amended\]

0

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

Sec. 63.429 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.420, 63.422 through 63.423, and 63.424. Any owner or operator

requesting to use an alternative means of emission limitation for

storage vessels covered by Sec. 63.423 must follow the procedures in

Sec. 63.426.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart,

and any alternatives to Sec. 63.427(a)(1) through (4) per Sec.

63.427(a)(5).

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart S\--\[Amended\]

0

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

follows:

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

\* \* \* \* \*

\(d\) \* \* \*

\(1\) On each bypass line, the owner or operator shall install,

calibrate, maintain, and operate according to the manufacturer\'s

specifications a flow indicator that is capable of taking periodic

readings as frequently as specified in Sec. 63.454(e). The flow

indicator shall be installed in the bypass line in such a way as to

indicate flow in the bypass line; or

\* \* \* \* \*

0

19\. Section 63.454 is amended by revising paragraph (e) to read as

follows:

Sec. 63.454 Recordkeeping requirements.

\* \* \* \* \*

\(e\) The owner or operator shall set the flow indicator on each

bypass line specified in Sec. 63.450(d)(1) to provide a record of the

presence of gas stream flow in the bypass line at least once every 15

minutes.

\* \* \* \* \*

0

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

Sec. 63.458 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency.

\[\[Page 37349\]\]

If the U.S. EPA Administrator has delegated authority to a State,

local, or Tribal agency, then that agency, in addition to the U.S. EPA,

has the authority to implement and enforce this subpart. Contact the

applicable U.S. EPA Regional Office to find out if this subpart is

delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.440, 63.443 through 63.447 and 63.450. Where these standards

reference another subpart, the cited provisions will be delegated

according to the delegation provisions of the referenced subpart.

\(2\) Approval of alternatives to using Sec. Sec. 63.457(b)(5)(iii),

63.457(c)(3)(ii) through (iii), and 63.257(c)(5)(ii), and any major

alternatives to test methods under Sec. 63.7(e)(2)(ii) and (f), as

defined in Sec. 63.90, and as required in this subpart.

\(3\) Approval of alternatives using Sec. 64.453(m) and any major

alternatives to monitoring under Sec. 63.8(f), as defined in Sec.

63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart T\--\[Amended\]

0

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

0

22\. Section 63.462 is amended by adding paragraph (e) to read as

follows:

Sec. 63.462 Batch cold cleaning machine standards.

\* \* \* \* \*

\(e\) Each owner or operator subject to the requirements of paragraph

(c)(1) through (8) of this section may request to use measures other

than those described in these paragraphs. The owner or operator must

demonstrate to the Administrator (or delegated State, local, or Tribal

authority) that the alternative measures will result in equivalent or

better emissions control compared to the measures described in

paragraphs (c)(1) through (8) of this section. For example, storing

solvent and solvent-laden materials in an enclosed area that is

ventilated to a solvent recovery or destruction device may be

considered an acceptable alternative.

0

23\. Section 63.463 is amended by revising paragraph (e)(2)(ix)(B) to

read as follows:

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

\* \* \* \* \*

\(e\) \* \* \*

\(2\) \* \* \*

\(ix\) \* \* \*

\(B\) Conduct the weekly monitoring required by Sec. 63.466(a)(3).

Record the results required by Sec. 63.467(a)(6).

\* \* \* \* \*

0

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

follows:

Sec. 63.467 Recordkeeping requirements.

\(a\) \* \* \*

\(6\) If a squeegee system is used to comply with these standards,

records of the test required by Sec. 63.466(f) to determine the

maximum product throughput for the squeegees and records of both the

weekly monitoring required by Sec. 63.466(a)(3) for visual inspection

and the length of continuous web product cleaned during the previous

week.

\* \* \* \* \*

0

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

Sec. 63.470 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.460, 63.462(a) through (d), and 63.463 through 63.464 (except for

the authorities in Sec. 63.463(d)(9)). Use the procedures in Sec.

63.469 to request the use of alternative equipment or procedures.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart U\--\[Amended\]

0

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

Sec. 63.507 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.480 through 63.481, 63.483(a) through (c), 63.484, 63.485(a) through

(k), (m) through (s), (u), 63.486 through 63.487, 63.488(a), (b)(1)

through (4), (5)(iv) through (v), (6) through (7), (c) through (i),

63.493 through 63.494, 63.500(a)(1) through (3), (b), 63.501, 63.502(a)

through (f), (i), (k) through (m), and 63.503. Where these standards

reference another subpart, the cited provisions will be delegated

according to the delegation provisions of the referenced subpart. Where

these standards reference another subpart and modify the requirements,

the requirements shall be modified as described in this subpart.

Delegation of the modified requirements will also occur according to

the delegation provisions of the referenced subpart.

\[\[Page 37350\]\]

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart W\--\[Amended\]

0

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

Sec. 63.529 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.520, 63.521, 63.523, and 63.524. Where these standards reference

another rule, the cited provisions in that rule will be delegated

according to the delegation provisions of that rule.

\(2\) Approval of major alternatives to test methods for under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart X\--\[Amended\]

0

28\. Section 63.545 is amended by revising paragraph (c) introductory

text and adding paragraph (f) to read as follows:

Sec. 63.545 Standards for fugitive dust sources.

\* \* \* \* \*

\(c\) The controls specified in the standard operating procedures

manual shall at a minimum include the requirements of paragraphs (c)(1)

through (c)(5) of this section, unless the owner or operator satisfies

the requirements in paragraph (f) of this section.

\* \* \* \* \*

\(f\) Demonstrate to the Administrator (or delegated State, local, or

Tribal authority) that an alternative measure(s) is equivalent or

better than a practice(s) described in paragraphs (c)(1) through (c)(5)

of this section.

0

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

Sec. 63.551 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.541, 63.543 through 63.544, 63.545(a) and (c) through (e), and

63.546.

\(2\) Approval of major alternatives to test methods for under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart Y\--\[Amended\]

0

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

0

31\. Section 63.567 is amended by adding paragraph (l) to read as

follows:

Sec. 63.567 Recordkeeping and reporting requirements.

\* \* \* \* \*

\(l\) The owner or operator of the VMT source required by Sec.

63.562(d)(2)(iv) to develop a program, shall submit annual reports on

or before January 31 of each year to the Administrator certifying the

annual average daily loading rate for the previous calendar year.

Beginning on January 31, 1996, for the reported year 1995, the annual

report shall specify the annual average daily loading rate over all

loading berths. Beginning on January 31, 1999, for the reported year

1998, the annual report shall specify the annual average daily loading

rate over all loading berths, over each loading berth equipped with a

vapor collection system and control device, and over each loading berth

not equipped with a vapor collection system and control device. The

annual average daily loading rate under this section is calculated as

the total amount of crude oil loaded during the calendar year divided

by 365 days or 366 days, as appropriate.

0

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

Sec. 63.568 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.560 and 63.562(a) through (d).

\(2\) Approval of major alternatives to test methods for under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\[\[Page 37351\]\]

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart AA\--\[Amended\]

0

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

Sec. 63.611 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.600, 63.602 through 63.604, and 63.609 through 63.610.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart BB\--\[Amended\]

0

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

Sec. 63.632 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.620, 63.622 through 63.624, and 63.629 through 63.631.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart CC\--\[Amended\]

0

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

Sec. 63.655 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.640, 63.642(g) through (l), 63.643, and 63.646 through 63.652. Where

these standards reference another subpart, the cited provisions will be

delegated according to the delegation provisions of the referenced

subpart. Where these standards reference another subpart and modify the

requirements, the requirements shall be modified as described in this

subpart. Delegation of the modified requirements will also occur

according to the delegation provisions of the referenced subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart DD\--\[Amended\]

0

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

follows:

Sec. 63.684 Standards: Off-Site material treatment.

\* \* \* \* \*

\(e\) \* \* \*

\(1\) A continuous monitoring system shall be installed and operated

for each treatment that measures operating parameters appropriate for

the treatment process technology. This system shall include a

continuous recorder that records the measured values of the selected

operating parameters. The monitoring equipment shall be installed,

calibrated, and maintained in accordance with the equipment

manufacturer\'s specifications. The continuous recorder shall be a data

recording device that is capable of recording either an instantaneous

data value at least once every 15 minutes or an average value for

intervals of 15 minutes or less.

\* \* \* \* \*

0

38\. Section 63.693 is amended by revising paragraph (c)(2)(ii) to read

as follows:

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

\* \* \* \* \*

\(c\) \* \* \*

\(2\) \* \* \*

\(ii\) If a seal or locking device is used to comply with paragraph

(c)(2) of this section, the device shall be placed on the mechanism by

which the bypass

\[\[Page 37352\]\]

device position is controlled (e.g., valve handle, damper lever) when

the bypass device is in the closed position such that the bypass device

cannot be opened without breaking the seal or removing the lock.

Examples of such devices include, but are not limited to, a car-seal or

a lock-and-key configuration valve.

\* \* \* \* \*

0

39\. Section 63.695 is amended by revising paragraph (a)(4) and adding

paragraphs (c)(1)(ii)(C) and (D) to read as follows:

Sec. 63.695 Inspection and monitoring requirements.

\* \* \* \* \*

\(a\) \* \* \*

\(4\) To monitor and record off-site material treatment processes for

compliance with the standards specified in 63.684(e), the monitoring

procedures are specified in paragraph (e) of this section.

\* \* \* \* \*

\(c\) \* \* \*

\(1\) \* \* \*

\(ii\) \* \* \*

\(C\) The continuous monitoring system required by Sec.

63.693(b)(4)(i) shall monitor and record either an instantaneous data

value at least once every 15 minutes or an average value for intervals

of 15 minutes or less.

\(D\) The owner or operator shall visually inspect the seal or

closure mechanism required by Sec. 63.693(c)(2)(ii) at least once

every month to verify that the bypass mechanism is maintained in the

closed position.

\* \* \* \* \*

0

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

Sec. 63.698 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.680, 63.683 through 63.691, and 63.693. Where these standards

reference another subpart, the cited provisions will be delegated

according to the delegation provisions of the referenced subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart EE\--\[Amended\]

0

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

Sec. 63.708 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.701 and 63.703.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart GG\--\[Amended\]

0

42\. Section 63.744 is amended:

0

a\. By revising the first sentence of paragraph (a)(1).

0

b\. By revising paragraph (a)(2).

0

c\. Adding paragraph (a)(4).

The revisions and addition read as follows:

Sec. 63.744 Standards: Cleaning operations.

\(a\) \* \* \*

\(1\) Unless the owner or operator satisfies the requirements in

paragraph (a)(4) of this section, place used solvent-laden cloth,

paper, or any other absorbent applicators used for cleaning in bags or

other closed containers. \* \* \*

\(2\) Unless the owner or operator satisfies the requirements in

paragraph (a)(4) of this section, store fresh and spent cleaning

solvents, except semi-aqueous solvent cleaners, used in aerospace

cleaning operations in closed containers.

\* \* \* \* \*

\(4\) Demonstrate to the Administrator (or delegated State, local, or

Tribal authority) that equivalent or better alternative measures are in

place compared to the use of closed containers for the solvent-laden

materials described in paragraph (a)(1) of this section, or the storage

of solvents described in paragraph (a)(2) of this section.

\* \* \* \* \*

0

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

Sec. 63.759 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\[\[Page 37353\]\]

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.741, 63.743, 63.744(a)(3), (b) through (e), 63.745 through 63.748,

and 63.649(a).

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart HH\--\[Amended\]

0

44\. Section 63.771 is amended by revising paragraphs (c)(3)(i)(A) and

\(B\) to read as follows:

Sec. 63.771 Control equipment requirements.

\* \* \* \* \*

\(c\) \* \* \*

\(3\) \* \* \*

\(i\) \* \* \*

\(A\) At the inlet to the bypass device that could divert the stream

away from the control device to the atmosphere, properly install,

calibrate, maintain, and operate a flow indicator that is capable of

taking periodic readings and sounding an alarm when the bypass device

is open such that the stream is being, or could be, diverted away from

the control device to the atmosphere; or

\(B\) Secure the bypass device valve installed at the inlet to the

bypass device in the non-diverting position using a car-seal or a lock-

and-key type configuration.

\* \* \* \* \*

0

45\. Section 63.773 is amended by revising paragraph (c)(2) introductory

text and adding paragraph (c)(2)(iv) to read as follows:

Sec. 63.773 Inspection and monitoring requirements.

\* \* \* \* \*

\(c\) \* \* \*

\(2\) Except as provided in paragraphs (c)(5) and (6) of this

section, each closed-vent system shall be inspected according to the

procedures and schedule specified in paragraphs (c)(2)(i) and (ii) of

this section, each cover shall be inspected according to the procedures

and schedule specified in paragraph (c)(2)(iii) of this section, and

each bypass device shall be inspected according to the procedures of

paragraph (c)(2)(iv) of this section.

\* \* \* \* \*

\(iv\) For each bypass device, except as provided for in Sec.

63.771(c)(3)(ii), the owner or operator shall either:

\(A\) At the inlet to the bypass device that could divert the steam

away from the control device to the atmosphere, set the flow indicator

to take a reading at least once every 15 minutes; or

\(B\) If the bypass device valve installed at the inlet to the bypass

device is secured in the non-diverting position using a car-seal or a

lock-and-key type configuration, visually inspect the seal or closure

mechanism at least once every month to verify that the valve is

maintained in the non-diverting position and the vent stream is not

diverted through the bypass device.

\* \* \* \* \*

0

46\. Section 63.776 is revised to read as follows:

Sec. 63.776 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.760, 63.764 through 63.766, 63.769, 63.771, and 63.777.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart II\--\[Amended\]

0

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

Sec. 63.789 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.780 through 63.781, and 63.783 through 63.784.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart JJ\--\[Amended\]

0

48\. Section 63.803 is amended by revising paragraph (a) to read as

follows:

Sec. 63.803 Work practice standards.

\* \* \* \* \*

\(a\) Work practice implementation plan.

\(1\) Each owner or operator of an affected source subject to this

subpart shall prepare and maintain a written work practice

implementation plan that defines environmentally desirable work

practices for each wood furniture operation manufacturing operation and

addresses each of the work practice standards presented in paragraphs

\(b\) through (l) of this section. The plan shall be developed no more

than 60 days after the compliance date.

\(2\) The written work practice implementation plan shall be

available for inspection by the Administrator (or delegated State,

local, or Tribal authority) upon request. If the Administrator (or

delegated State, local, or Tribal authority) determines that the work

practice implementation plan does not include sufficient mechanisms for

\[\[Page 37354\]\]

ensuring that the work practice standards are being implemented, the

Administrator (or delegated State, local, or Tribal authority) may

require the affected source to modify the plan. Revisions or

modifications to the plan do not require a revision of the source\'s

Title V permit.

\(3\) The inspection and maintenance plan required by paragraph (c)

of this section and the formulation assessment plan for finishing

operations required by paragraph (l) of this section are also

reviewable by the Administrator (or delegated State, local, or Tribal

authority).

\* \* \* \* \*

0

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

Sec. 63.808 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (5) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.800, 63.802, and 63.803(a)(1), (b), (c) introductory text, and (d)

through (l).

\(2\) Approval of alternatives to the monitoring and compliance

requirements in Sec. Sec. 63.804(f)(4)(iv)(D) and (E),

63.804(g)(4)(iii)(C), 63.804(g)(4)(vi), and 63.804(g)(6)(vi).

\(3\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart, as well as approval of any alternatives to the specific

test methods under Sec. Sec. 63.805(a), 63.805(d)(2)(v), and

63.805(e)(1).

\(4\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(5\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart KK\--\[Amended\]

0

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

Sec. 63.831 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.820 through 63.821 and 63.823 through 63.826.

\(2\) Approval of alternatives to the test method for organic HAP

content determination in Sec. 63.827(b) and alternatives to the test

method for volatile matter in Sec. 63.827(c), and major alternatives

to other test methods under Sec. 63.7(e)(2)(ii) and (f), as defined in

Sec. 63.90, and as required in this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart LL\--\[Amended\]

0

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

Sec. 63.853 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this regulation.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.840, 63.843 (with the exception of 63.843(b)(3)), 63.844, 63.845(a)

introductory text, (a)(1), (b) through (e), (h), 63.846(a) through (c),

and 63.847(a)(1) and (4).

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart OO\--\[Amended\]

0

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

Sec. 63.908 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.900 and 63.902.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and

\[\[Page 37355\]\]

(f), as defined in Sec. 63.90, and as required in this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart PP\--\[Amended\]

0

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

Sec. 63.929 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.920 and 63.922 through 63.924. Where these standards reference

another subpart, the cited provisions will be delegated according to

the delegation provisions of the referenced subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart QQ\--\[Amended\]

0

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

Sec. 63.949 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.940, 63.942, and 63.943. Where these standards reference subpart DD,

the cited provisions will be delegated according to the delegation

provisions of subpart DD.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart RR\--\[Amended\]

0

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

Sec. 63.967 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.960 and 63.962. Where these standards reference subpart DD, the

cited provisions will be delegated according to the delegation

provisions subpart DD of this part.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart VV\--\[Amended\]

0

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

Sec. 63.1050 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1040 and 63.1042 through 63.1045. Where these standards reference

subpart DD, the cited provisions will be delegated according to the

delegation provisions of subpart DD of this part.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\[\[Page 37356\]\]

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart CCC\--\[Amended\]

0

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

Sec. 63.1166 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (8) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1155, 63.1157 through 63.1159, and 63.1160(a).

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of any alternative measurement methods for HCl and

CL2 to those specified in Sec. 63.1161(d)(1).

\(4\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(5\) Approval of any alternative monitoring requirements to those

specified in Sec. Sec. 63.1162(a)(2) through (5) and 63.1162(b)(1)

through (3).

\(6\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

\(7\) Waiver of recordkeeping requirements specified in Sec.

63.1165.

\(8\) Approval of an alternative schedule for conducting performance

tests to the requirement specified in Sec. 63.1162(a)(1).

Subpart DDD\--\[Amended\]

0

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

Sec. 63.1195 Who implements and enforces this subpart?

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1177 through 63.1180.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart EEE\--\[Amended\]

0

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

Sec. 63.1214 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to requirements in Sec. Sec. 63.1200,

63.1203 through 63.1205, and 63.1206(a).

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart GGG\--\[Amended\]

0

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

Sec. 63.1261 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1250 and 63.1252 through 63.1256. Where these standards reference

another subpart, the cited provisions will be delegated according to

the delegation provisions of the referenced subpart.

\[\[Page 37357\]\]

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart HHH\--\[Amended\]

0

61\. Section 63.1281 is amended by revising paragraphs (c)(3)(i)(A) and

\(B\) to read as follows:

Sec. 63.1281 Control equipment requirements.

\* \* \* \* \*

\(c\) \* \* \*

\(3\) \* \* \*

\(i\) \* \* \*

\(A\) At the inlet to the bypass device that could divert the stream

away from the control device to the atmosphere, properly install,

calibrate, maintain, and operate a flow indicator that is capable of

taking periodic readings and sounding an alarm when the bypass device

is open such that the stream is being, or could be, diverted away from

the control device to the atmosphere; or

\(B\) Secure the bypass device valve installed at the inlet to the

bypass device in the non-diverting position using a car-seal or a lock-

and-key type configuration.

\* \* \* \* \*

0

62\. Section 13.1283 is amended by revising paragraph (c)(2)

introductory text and adding paragraph (c)(2)(iii) to read as follows:

Sec. 63.1283 Inspection and monitoring requirements.

\* \* \* \* \*

\(c\) \* \* \*

\(2\) Except as provided in paragraphs (c)(5) and (6) of this

section, each closed-vent system shall be inspected according to the

procedures and schedule specified in paragraphs (c)(2)(i) and (ii) of

this section and each bypass device shall be inspected according to the

procedures of (c)(2)(iii) of this section.

\* \* \* \* \*

\(iii\) For each bypass device, except as provided for in Sec.

63.1281(c)(3)(ii), the owner or operator shall either:

\(A\) At the inlet to the bypass device that could divert the steam

away from the control device to the atmosphere, set the flow indicator

to take a reading at least once every 15 minutes; or

\(B\) If the bypass device valve installed at the inlet to the bypass

device is secured in the non-diverting position using a car-seal or a

lock-and-key type configuration, visually inspect the seal or closure

mechanism at least once every month to verify that the valve is

maintained in the non-diverting position and the vent stream is not

diverted through the bypass device.

\* \* \* \* \*

0

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

Sec. 63.1286 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1270, 63.1274 through 63.1275, 63.1281, and 63.1287.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart III\--\[Amended\]

0

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

Sec. 63.1309 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (5) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1290, 63.1291, 63.1293 through 63.1301, and 63.1305.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of alternatives to the specific monitoring

requirements of Sec. 63.1303(b)(5).

\(5\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart JJJ\--\[Amended\]

0

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

Sec. 63.1336 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal

\[\[Page 37358\]\]

agencies are as specified in paragraphs (c)(1) through (4) of this

section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1310 through 63.1311, 63.1313 through 63.1315(a)(1) through (9),

\(11\) through (18), (b) through (e), 63.1316, 63.1321 through 63.1322,

63.1323(a), (b)(1) through (4), (b)(5)(iv) through (v), (b)(6) through

(7), (c) through (j), and 63.1328 through 63.1332. Where these

standards reference another subpart, the cited provisions will be

delegated according to the delegation provisions of the referenced

subpart. Where these standards reference another subpart and modify the

requirements, the requirements shall be modified as described in this

subpart. Delegation of the modified requirements will also occur

according to the delegation provisions of the referenced subpart.

\(2\) Approval of major alternatives to test methods for under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart LLL\--\[Amended\]

0

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

Sec. 63.1358 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1340, 63.1342 through 63.1348, and 63.1351.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart MMM\--\[Amended\]

0

67\. Section 63.1362 is amended by revising paragraphs (j)(1) and (j)(2)

to read as follows:

Sec. 63.1362 Standards.

\* \* \* \* \*

\(j\) \* \* \*

\(1\) Install, calibrate, maintain, and operate a flow indicator that

is capable of determining whether vent stream flow is present and

taking frequent, periodic readings. Records shall be maintained as

specified in Sec. 63.1367(f)(1). The flow indicator shall be installed

at the entrance to any bypass line that could divert the vent stream

away from the control device to the atmosphere; or

\(2\) Secure the bypass line valve in the closed position with a car-

seal or lock-and-key type configuration. Records shall be maintained as

specified in Sec. 63.1367(f)(2).

\* \* \* \* \*

0

68\. Section 63.1366 is amended by revising paragraph (b)(1)(xiii) to

read as follows:

Sec. 63.1366 Monitoring and inspection requirements.

\* \* \* \* \*

\(b\) \* \* \*

\(1\) \* \* \*

\(xiii\) Closed-vent system visual inspections. The owner or operator

shall comply with the requirements in either paragraph (b)(1)(xiii)(A)

or (B) of this section:

\(A\) Set the flow indicator at the entrance to any bypass line that

could divert the stream away from the control device to the atmosphere

to take a reading at least once every 15 minutes; or

\(B\) If the bypass device valve installed at the inlet to the bypass

device is secured in the closed position with a car-seal or lock-and-

key type configuration, visually inspect the seal or closure mechanism

at least once every month to verify that the valve is maintained in the

closed position and the vent stream is not diverted through the bypass

line.

\* \* \* \* \*

0

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

Sec. 63.1369 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1360 and 63.1362 through 63.1364. Where these standards reference

another subpart, the cited provisions will be delegated according to

the delegation provisions of the referenced subpart. Where these

standards reference another subpart and modify the requirements, the

requirements shall be modified as described in this subpart. Delegation

of the modified requirements will also occur according to the

delegation provisions of the referenced subpart.

\(2\) Approval of major alternatives to test methods for under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart NNN\--\[Amended\]

0

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

Sec. 63.1388 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has

\[\[Page 37359\]\]

delegated authority to a State, local, or Tribal agency, then that

agency, in addition to the U.S. EPA, has the authority to implement and

enforce this subpart. Contact the applicable U.S. EPA Regional Office

to find out if implementation and enforcement of this subpart is

delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1380, 63., and 63.1387.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart OOO\--\[Amended\]

0

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

Sec. 63.1419 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1400 through 63.1401 and 63.1404 through 63.1410. Where these

standards reference another subpart, the cited provisions will be

delegated according to the delegation provisions of the referenced

subpart. Where these standards reference another subpart and modify the

requirements, the requirements shall be modified as described in this

subpart. Delegation of the modified requirements will also occur

according to the delegation provisions of the referenced subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart PPP\--\[Amended\]

0

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

Sec. 63.1421 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1420, 63.1422, 63.1424 through 63.1428, and 63.1432 through 63.1436.

Where these standards reference another subpart, the cited provisions

will be delegated according to the delegation provisions of the

referenced subpart. Where these standards reference another subpart and

modify the requirements, the requirements shall be modified as

described in this subpart. Delegation of the modified requirements will

also occur according to the delegation provisions of the referenced

subpart.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart RRR\--\[Amended\]

0

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

Sec. 63.1519 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this regulation.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

regulation to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1500 through 63.1501 and 63.1505 through 63.1506.

\(2\) Approval of major alternatives to test methods for under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

\[\[Page 37360\]\]

Subpart TTT\--\[Amended\]

0

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

Sec. 63.1550 Implementation and enforcement.

\(a\) This subpart will be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1541, 63.1543(a) through (c), (f) through (g), and 63.1544 through

63.1545.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart VVV\--\[Amended\]

0

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

Sec. 63.1594 Who enforces this subpart?

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if

implementation and enforcement of this subpart is delegated to a State,

local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to the requirements in Sec. Sec.

63.1580, 63.1583 through 63.1584, and 63.1586 through 63.1587.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

Subpart XXX\--\[Amended\]

0

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

Sec. 63.1661 Implementation and enforcement.

\(a\) This subpart can be implemented and enforced by the U.S. EPA,

or a delegated authority such as the applicable State, local, or Tribal

agency. If the U.S. EPA Administrator has delegated authority to a

State, local, or Tribal agency, then that agency, in addition to the

U.S. EPA, has the authority to implement and enforce this subpart.

Contact the applicable U.S. EPA Regional Office to find out if this

subpart is delegated to a State, local, or Tribal agency.

\(b\) In delegating implementation and enforcement authority of this

subpart to a State, local, or Tribal agency under subpart E of this

part, the authorities contained in paragraph (c) of this section are

retained by the Administrator of U.S. EPA and cannot be transferred to

the State, local, or Tribal agency.

\(c\) The authorities that cannot be delegated to State, local, or

Tribal agencies are as specified in paragraphs (c)(1) through (4) of

this section.

\(1\) Approval of alternatives to requirements in Sec. Sec. 63.1650

and 63.1652 through 63.1654.

\(2\) Approval of major alternatives to test methods under Sec.

63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required in

this subpart.

\(3\) Approval of major alternatives to monitoring under Sec.

63.8(f), as defined in Sec. 63.90, and as required in this subpart.

\(4\) Approval of major alternatives to recordkeeping and reporting

under Sec. 63.10(f), as defined in Sec. 63.90, and as required in

this subpart.

\[FR Doc. 03-14190 Filed 6-20-03; 8:45 am\]

BILLING CODE 6560-50-P