P.1 

OAR Box 1814 

Prepped by Ollie Stewart 

Document Number: 

10) F. R. December 13, 1995 

Docket Number: 

A-88-02 

Printed 11/7/2008 7:22:04 AM Sheet 10 of 63 
6400 2 Federal Register / Vol. 60, No. 239 /Wednesday , December 13, 1995 / Proposed Rules 

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Environmental Protection, Bureau of Air 

Quality, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia H. Stahl, (215) 597-9337, at the 

EPA Region III address above. 

SUPPLEMENTARY INFORMATION: See the 

information provided in the Direct Final 

action of the same title (Pennsylvania; 

Approval of Stage II Vapor Recovery 

Requirements) which is located in the 

Rules and Regulations Section of this 

Federal Register. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C 7401-7671q. 

Dated: October 31,1995. 

W. Michael McCabe, 

Regional Administrator, Region III. 

(FR Doc. 95-30108 Filed 12-12-95; 8:45 am] 

BILLING CODE 6560-60-P 

<3k 

^**a.rn 

"40 CFR Part 63 

[AD-FRL-5344-4] 

National Emission Standards for 

Hazardous Air Pollutants for: 

Chromium Emissions From Hard and 

Decorative Chromium Electroplating 

and Chromium Anodizing Tanks; 

Ethylene Oxide Commercial 

Sterilization and Fumigation 

Operations; Perchloroethylene Dry 

Cleaning Facilities; and Secondary 

Lead Smelting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule: amendment. 

SUMMARY: This action proposes 

amendments to certain sections of the 

following promulgated standards: 

"National Emission Standards for 

Chromium Emissions from Hard and 

Decorative Chromium Electroplating 

and Chromium Anodizing Tanks; Final 

Rule" (subpart N); "National Emission 

Standards for Hazardous Air Pollutants 

for Ethylene Oxide Commercial 

Sterilization and Fumigation 

Operations" (subpart O); "National 

Emission Standards for Hazardous Air 

Pollutants for Source Categories: 

Perchloroethylene Dry Cleaning 

Facilities" (subpart M); and "National 

Emission Standards for Hazardous Air 

Pollutants from Secondary Lead 

Smelting" (subpart X). Except in tfie 

case of subpart X, today's action 

proposes to amend the Final Rules' 

requirement that nonmajor sources 

obtain title V operating permits. The 

action being taken today will 

substantially reduce the unnecessary 

and undue regulatory burden for States 

and local agencies, EPA Regional 

Offices, and the industry during a time 

when tremendous resources are 

necessary for the initial implementation 

of the title V permit program. Because 

sources are still required to meet all 

applicable emission control 

requirements established by the 

respective MACT standards, this action 

is not expected to have adverse 

environmental results. The amendment 

to subpart X will confirm that existing 

nonmajor secondary lead smelting 

facilities will be subject to title V permit 

requirements. 

DATES: Comments. Comments must be 

received on or before January 12,1996, 

unless a hearing is requested by 

December 26,1995. If a hearing is 

requested, written comments must be 

received by January 29,19.96. 

Public Hearing. Anyone requesting a 

public hearing must contact the EPA no 

later than December 26,1995. If a 

hearing is held, it will take place on 

December 28, 1995, beginning at 10:00 

a.m. 

ADDRESSES: Comments. Comments 

should be submitted (in duplicate, if 

possible) to: Air and Radiation Docket 

and Information Center (6102), 

Attention Docket No. A-88-02 (subpart 

N), or Attention Docket No. A-88-03 

(subpart O), or Attention Docket No. A -

95-16 (subpart M), or Attention Docket 

No. A-92—43 (subpart X), as applicable, 

(see docket section below), room M1500, U.S. Environmental Protection 

Agency, 401 M Street, SW, Washington, 

D.C. 20460. The EPA requests that a 

separate copy also be sent to the contact 

person listed below. 

Public Hearing. If a public hearing is 

held, it will be held at the EPA's Office 

of Administration Auditorium, Research 

Triangle Park, North Carolina. Persons 

interested in attending the hearing or 

wishing to present oral testimony 

should notify Marguerite Thweatt, U.S. 

Environmental Protection Agency, 

Research Triangle Park, N.C. 27711, 

telephone (919) 541-5607. 

Docket. Docket No. A-88-02, 

containing the supporting information 

for the original subpart N NESHAP and 

this action, Docket No. A-88-03, 

containing the supporting information 

for the original subpart O NESHAP, 

Docket No. A-88-11, containing the 

supporting information for the original 

subpart M NESHAP, and Docket No. A -

92—43, containing the supporting 

information for the original subpart X 

NESHAP, are available for public 

inspection and copying between 8:00 

a.m. and 5:30 p.m., Monday through 

Friday, at the EPA's Air and Radiation 

Docket and Information Center, 

Waterside Mall, room M-1500, first 

floor, 401 M Street SW, Washington, DC 

20460, or by calling (202) 260-7548. A 

reasonable fee may be charged for 

copying. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Lalit Banker, Emission Standards 

Division (MD-13), Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection'Agency, 

Research Triangle Park, North Carolina 

27711, telephone number (919) 541 -

5420. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title V of the Clean Air Act (Act), as . 

amended in 1990, requires States to 

develop programs for issuing operating 

permits to major stationary sources 

(including major sources of hazardous 

air pollutants listed in section 112 of the 

Act), sources covered by New Source 

Performance Standards (NSPS), sources 

covered by emission standards for 

hazardous air pollutants pursuant to 

section 112 of the Act, and affected 

sources under the acid rain program. 

Section 502(a) of the Act requires that 

major and nonmajor sources subject to 

111 and 112 standards obtain operating 

permits. However, the Administrator 

may exempt certain categories of 

nonmajor sources from the requirement 

to obtain a permit "if the Administrator 

finds that compliance with such 

requirements is impracticable, 

infeasible, or unnecessarily burdensome 

on such categories.* * *" 

On July 21,1992, EPA published in 

the Federal Register implementing 

regulations for the title V permit 

program (40 CFR part 70). In 

§ 70.3(b)(1), EPA opted to allow States 

to temporarily exempt nonmajor sources 

(except for affected sources and solid 

waste incineration units), including 

those which were subject to section 111 

or 112 standards promulgated as of July 

21,1992, from the requirement to obtain 

a permit. 

This temporary exemption was 

allowed for several reasons. Under part 

70, permitting authorities will process 

applications and issue permits for tens 

of thousands of major sources during 

the early years of the program. The EPA 

considered it "unnecessarily 

burdensome" to also require permitting 

authorities to issue permits to a larger 

population of nonmajor sources within 

the same time frame. Such a. 

requirement would stress the permitting 
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FodlEirsil Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules 

system at its most vulnerable time, and 

hinder timely issuance of permits to 

both major and nonmajor emitters. 

Additionally, the great majority of 

nonmajor sources are small businesses, 

and many are not currently subject to 

State air permit programs. Many small 

businesses will require greater 

assistance from the permitting 

authorities because of a relative lack of 

technical and legal expertise, resources, 

and experience in dealing with 

environmental regulation. If permitting 

authorities are overburdened from a 

backlog of permits to be processed, 

nonmajor sources will be unable to 

obtain technical and procedural 

assistance necessary to help them file 

timely and complete applications. This 

likely scenario constitutes an 

unnecessary burden on nonmajor 

sources, especially considering that by 

definition they emit less than major 

sources and that deferring permitting 

requirements does not defer a source's 

obligation to comply with the applicable 

requirements of the Act. [The preamble 

to the final part 70 regulations (57 FR 

32261) provides a more exhaustive 

discussion of EPA's decision to allow 

States to temporarily exempt nonmajor 

sources from title V permitting.] 

The part 70 regulations specify that 

this temporary exemption will expire at 

such time as EPA completes a 

rulemaking to determine how the part 

70 program should be structured for 

nonmajor sources. In addition, the 

rulemaking will consider whether to 

grant permanent exemptions to any 

source categories for which there is a 

sufficient record to support such an 

exemption. 

The part 70 regulations also address 

applicability for nonmajor sources 

subject to section 111 or 112 standards 

promulgated alter July 21,1992. Section 

70.3(b)(2) specifies that for nonmajor 

sources that are subject to a standard or 

other requirement promulgated under 

either section 111 or 112 of the Act after 

July 21,1992, tha Administrator will 

determine whether to exempt any or all 

such sources from the requirement to 

obtain a part 70 permit at the time that 

the nsiv standard is promulgated. Thus, 

decisions regarding permitting 

exemptions wera to be made as each 

new standard covering nonmajor 

sources was published. With regard to 

saction 113, EPA has published since 

July 21,1992 (in 40 CFR part 63) 

hazardous air pollutant standards that 

apply to nonmajor sources in the 

following five source categories: 

perchloroethylene dry cleaning facilities 

(Ssptambar 22,1993; 58 FR 49353), 

halogenated solvent cleaning (December 

2,1994; 59 FR 61801—amended June 5, 

1995; 60 FR 29484), ethylene oxide 

commercial sterilization and fumigation 

operations (December 6,1994; 59 FR 

62585), hard and decorative chromium 

electroplating and chromium anodizing 

tanks (January 25,1995; 60 FR 4948), 

and secondary lead smelters (May 31, 

1995; 60 FR 32587). Of these five, only 

the standard for halogenated solvent 

cleaning contained a temporary 

permitting exemption. In this standard, 

States were given the option of 

permanently exempting small cold 

cleaners and temporarily exempting all 

other nonmajor solvent cleaners from 

title V permit requirements. 

The remaining standards did not offer 

any exemptions from permitting, 

although the preamble to the dry 

cleaning standard did state an intention 

to allow States to defer permitting of 

nonmajor sources subject to that 

standard. Nonetheless, in the absence of 

specific language in that regulation 

granting States the option to exempt or 

temporarily exempt nonmajor sources 

from permit requirements, the General 

Provisions (subpart A) of part 63 apply, 

which by default extend the permitting 

requirement to nonmajor sources subject 

to post-July 21,1992, MACT standards. 

Subpart O, amd Smlbpairt 1 

A. State Option to Defer Nonmajor 

Sources 

The final rules, that is subparts N, O, 

and M, required all affected nonmajor 

sources to obtain a title V permit from 

the appropriate permitting authority. All 

affected nonmajor sources in the above 

source categories are required to apply 

for a title V permit within 12 months of 

the later of the following dates: the 

effective date of the respective MACT 

standard or the effective date of a title 

V program to which an affected source 

in the above source categories is subject. 

Major sources in the above source 

categories ere required to apply for and 

obtain permits according to the 

transition plans outlined in the title V 

programs submitted by the State and 

local permitting authorities for EPA 

epproval. 

Several coinEiants were received 

regarding the title V permit 

requirements for area sources in the 

Chromium Electroplating rule (subpart 

N) before promulgation. The 

commenters believed that the costs for 

nonmajor sources to obtain title V 

permits would be overly burdensome, 

and the emissions from such sources 

may be insignificant. However, in 

responding to these comments in the 

final rule, EPA believed that requiring 

area sources to obtain title V permits 

was important because of the toxicity of 

chromium compounds and the close 

proximity of many of these sources to 

residential areas. Following 

promulgation of these final rules, 

discussions were held with States and 

EPA Regions regarding their permitting 

strategies for nonmajor sources. As a 

result, EPA concluded that the 

Chromium Final Rule imposes an undue 

burden on the States in requiring the 

permitting, of nonmajor Chromium 

sources without deferral. In particular, 

EPA found that permitting such sources 

during the early stages of the title V 

program would be particularly 

burdensome to permitting authorities. In 

addition to ensuring compliance with 

the requirements of the standard, 

permitting authorities would also need 

to contact and educate owners or 

operators of nonmajor sources regarding 

title V requirements. Following the 

submittal of applications, permitting 

authorities would then begin processing 

such applications in conjunction with 

major source applications. Given that 

the vast number of Chromium sources 

(about 5,000 nationwide) are nonmajor 

sources, requiring a permitting authority 

to permit nonmajor sources during the 

early years of implementing a title V 

program imposes an undue burden. 

The EPA believes that the Final Rule 

as promulgated will also impose an 

undue hardship on a majority of owners 

or operators of nonmajor sources 

because this burden on permitting 

authorities translates into a burden on 

sources subject to the program. To 

require that owners or operators of 

nonmajor sources meet tho requiromont 

of filing a timely and completo 

application prior to or within the initial 

implementation period of the 

Chromium Electroplating MACT 

Standard would place an unduo burdoa 

on these sources. As a result, the EPA 

has concluded that the burden 

associated with permitting outweighs 

the enhancement to the enforceability of 

this standard that would result from 

inclusion in a title V permit. Theroforo, 

the Final Rule is being omonded to 

allow States to defer for flvo (5) yoaro all 

nonmajor Chromium eourcos from b;iin;] 

subject to the requirements of Q title V 

permit program. 

The 5-year deferral is dotonninod 

with respect to the effective date of tho 

first State or local program to dafox 

nonmajor sources from title V 

permitting. Washington Stcta and !cr.a! 

programs within the Stato of 

Washington were tha first programs 

approved by EPA which deferred 

nonmajor sources. Final artion on thec:) 

programs was published on November 

9,1994, and the programs bacomo 
64004 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules 

P.5 

effective on December 9,1994. As a 

result, the 5-year deferral ends on 

December 9,1999, with Chromium 

sources becoming subject to title V on 

that date. Applications from nonmajor 

Chromium sources are to be filed within 

12 months of becoming subject to title 

V (by December 9, 2000). This also 

applies to nonmajor sources in subparts 

O and M for similar reasons. The EPA 

emphasizes that this deferral applies to 

nonmajor sources. 

The sole standard which will not offer 

temporary exemptions from part 70 

permitting requirements is the 

secondary lead smelter standard 

(subpart X, promulgated on May 31, 

1995 (60 FR 32587)). In contrast to the 

hundreds or thousands of sources in the 

four other source categories, there are a 

total of only 16 secondary lead smelters 

and only five of these are nonmajor 

sources. Additionally, the five nonmajor 

lead smelters are owned by relatively 

large companies. These companies 

should be better equipped to handle the 

part 70 permitting process than the 

small businesses characterizing the 

other source categories. For these 

reasons, EPA concludes that requiring 

the five sources to obtain part 70 

permits without delay will not be 

impracticable or infeasible for the State 

or local permitting authorities involved 

and will not unnecessarily burden the 

five companies. 

B. Proposed Permanent Exemption of 

Certain Decorative Chromium 

Electroplating and Chromium 

Anodizing Operations 

Section 502(a) of the Act expressly 

gives the Administrator the discretion to 

exempt one or more nonmajor source 

categories (in whole or in part) from the 

requirement to obtain a permit "if the 

Administrator finds that compliance 

with such requirements is 

impracticable, infeasible, or 

unnecessarily burdensome on such 

categories." 42 U.S.C. section 7661a (a). 

One factor that EPA considers as part of 

the unnecessarily burdensome criteria is 

the degree to which the standard is 

implementable outside of a title V 

permit, such that the title V permit will 

provide minimal additional benefit with 

regard to source-specific tailoring of the 

standard. To the extent such benefit is 

minimal, it supports the finding that the 

burden imposed is "unnecessary." This 

factor was analyzed when EPA 

evaluated decorative chrome plating 

(using hexavalent chromium baths) and 

chromium anodizing processes that use 

fume suppressant technology to reduce 

chromium emissions during operation. 

The fume suppressant technology 

inhibits emissions at the source by 

reducing die surface tension of the 

plating solution. The standard requires 

that the surface tension be kept below 

45 dynes per centimeter (dynes/cm) in 

order to comply. In addition, the surface 

tension must be measured at a certain 

specified time interval to ensure 

continuous compliance. This measure of 

compliance (45 dynes/cm) is directly 

stated in the standard and is directly 

enforceable. No judgment or negotiation 

is required in establishing a directly 

enforceable monitoring value during a 

performance test as is the case with the 

other chromium sources covered by the 

rule which use add-on controls. Also 

included in this permitting exemption 

are the decorative chrome plating 

operations using the trivalent chrome 

baths which incorporate the use of 

wetting agents which inhibit chromium 

emissions as a bath component. The 

standard does not have any additional 

requirements for these sources except 

for recordkeeping of chemicals bought. 

Although sources using fume 

suppressant technology could be 

permitted through general permits, 

thereby reducing the administrative 

permitting burden for these sources, 

EPA believes this would add minimally 

to enforceability of the rule. This is 

because the reporting, recordkeeping, 

and annual compliance certification 

requirements of the rule already 

approximate those which would be 

imposed through title V, and which 

constitute a primary value added by a 

general title V permit. 

Therefore, for the reasons stated 

above, the EPA is proposing to 

permanently exempt all hexavalent 

decorative plating and chromium 

anodizing operations that use fume 

suppressants as an emission reduction 

technology and all trivalent decorative 

plating operations incorporating wetting 

agents as a bath component from the 

requirement of obtaining a title V 

permit. This is based upon EPA's 

determination that it will be 

unnecessarily burdensome for these 

sources to obtain permits. 

All the requirements listed in the final 

standards (subparts N, O, and M) will 

continue to be applicable per the 

schedule that is provided in the 

respective rules. For example, all 

sources still must comply with the 

compliance schedule within the rule, 

perform monitoring of the required 

parameters for ensuring compliance, 

and follow the reporting and 

recordkeepingrequirements. The 

Administrator or a delegated State or 

local authority will enforce the 

requirements of the final rules through 

appropriate means, and will not be 

handicapped by the temporary or 

permanent exemptions from the title V 

permit requirements. The EPA believes 

that through the implementation of the 

final rules, the primary goal of 

significant reductions in chromium, 

ethylene oxide, and perchloroethylene 

emissions will be achieved. 

III. Possible Additional Permanent 

Exemptions 

Although this action proposes 

temporary exemptions for the subject 

source categories (except for proposed 

permanent exemptions for two 

subcategories within the chrome plating 

category), EPA will consider 

promulgating additional permanent 

exemptions for any of these source 

categories or subcategories within these 

source categories if warranted. The EPA 

specifically solicits comment on 

whether any of the source categories for 

which temporary exemptions are being 

proposed should be permanently 

exempted from title V requirements and 

the reasons for such permanent 

exemptions. Comments should address 

the Clean Air Act criteria for exempting 

categories from permitting 

requirements, which are that it would 

be "impracticable, infeasible, or 

unnecessarily burdensome on such 

source categories." Any comments 

received and additional information 

obtained by EPA after this proposal will 

be considered in determining whether 

sufficient justification exists to 

promulgate permanent exemptions. 

IV. Typographical Correction 

A minor typographical error was 

discovered in section 63.344 of the 

subpart N. It is being amended here to 

correctly present our intention. 

V. Administrative Requirements 

A. Public Hearing 

A public hearing will be held, if 

requested, to provide opportunity for 

interested persons to make oral 

presentations regarding the proposed 

amendments in accordance with section 

307(d)(5) of the Act. Persons wishing to 

make oralpresentation on the proposed 

amendments should contact the EPA at 

the address given in the ADDRESSES 

section of this preamble. Oral 

presentations will be limited to 15 

minutes each. Any member of the 

public may file a written statement 

before, during, or within 30 days after 

the hearing. Written statements should 

be addressed to the Air Docket Section 

at the address given in the ADDRESSES 

section of this preamble and should 

refer to the applicable docket number. 

A verbatim transcript of the hearing 

and written statements will be available 
P.6 

ur / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules 

for inspection and copying during 

normal business hours at the EPA's Air 

Docket Section in Washington, D.C. (see 

ADDRESSES section of the preamble). 

B. Paperwork Reduction Act 

The information collection 

requirements of the previously 

promulgated National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) were submitted to and 

approved by the Office of Management 

and Budget (OMB). Today's proposed 

changes to the NESHAP would not 

increase the information collection 

burden estimates made previously. In 

fact, they are expected to reduce the 

required paperwork by providing the 

opportunity for delays for some sources 

and exemptions for others from 

requirements to obtain a title V permit. 

C. Executive Order 12866 

Under Executive Order 12866, the 

Agency must determine whether a 

regulatory action is "significant" and 

therefore subject to OMB review and the 

requirements of the Executive Order. 

The 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. 

Pursuant to the terms of the Executive 

Order, the OMB has notified the EPA 

that it does not consider this to be a 

"significant regulatory action" within 

the meaning of the Executive Order. 

Therefore, the EPA did not submit this 

action to the OMB for review. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires EPA to 

consider potential impacts of proposed 

regulations on small business "entities." 

A regulatory flexibility analysis (RFA) is 

required if preliminary analysis 

indicates "a significant economic 

impact on a substantial number of small 

entities." As explained earlier in this 

notice, the proposed amendments 

would reduce the impacts on small 

businesses by allowing States to delay 

some and exempt others from the 

requirement to obtain a title V permit. 

E. Unfunded Mandates Reform Act 

Section 202 of die Unfunded 

Mandates Reform Act of 1995 

("unfunded Mandates Act") (signed into 

law on March 22,1995) requires that the 

Agency prepare a budgetary impact 

statement to accompany any proposed 

or final rule that includes a Federal 

mandate that may result in expenditure 

by State, local, and tribal governments, 

in the aggregate, or by the private sector, 

of $100 million or more in any 1 year. 

Section 203 requires the Agency to 

establish a plan for obtaining input from 

and informing, educating, and advising 

any small governments that may be 

significantly or uniquely affected by the 

rule. 

As explained earlier in this notice, the 

proposed amendments would reduce 

the cost to State, local, and tribal 

governments and the private sector by 

allowing States to delay some and 

exempt others from the requirement to 

obtain a title V permit. Therefore, EPA 

has not prepared a budgetary impact 

statement for the proposed 

amendments. 

list of Subjects in 4© CFR Part S3 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

"recordkeeping requirements. 

Dated: December 1,1995. 

Carol M. Browner, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I, part 63 of 

the Code of Federal Regulations are 

proposed to be amended as set forth 

below: 

1. The authority citation for part 63 

continues to read as follows: 

AuShority: 42 LT.S.C. 7401 et seq. 

Subpart IM—{Amsnsted] 

2. Section 63.340 is amended by 

revising paragraph (e) to read as follows: 

§ 83.34® Applicability aind steslgnaSlosi otf 

sourcas. 

(e)(1) The Administrator has 

determined, pursuant to the criteria 

under section 502(a) of the Act, that an 

owner or operator of the following types 

of operations that are not by themselves 

major sources and that are not located 

at major sources, as defined under 40 

CFR 70.2, is permanently exempt from 

title V permitting requirements for that 

operation: 

(i) Any decorative chromium 

electroplating operation or chromium 

anodizing operation that uses fume 

suppressants as an emission reduction 

technology; and 

(ii) Any decorative chromium 

electroplating operation that uses a 

trivalent chromium bath that 

incorporates a wetting agent as a bath 

ingredient. 

(2) An owner or operator of any other 

affected source subject to the provisions 

of uiis subpart is subject to title V 

permitting requirements. These affected 

sources, if not major or located at major 

sources as defined under 40 CFR 70.2, 

may be deferred by the applicable title 

V permitting authority from title V 

permitting requirements for 5 years after 

the date on which the EPA first 

approves a part 70 program (i.e., until 

December 9,1999). All sources 

receiving deferrals shall submit title V 

permit applications within 12 months of 

such date (by December 9, 2000). All 

sources receiving deferrals still must 

meet the compliance schedule as stated 

in section 63.343. 

3. Section 63.342 is amended by 

revising the first sentence of paragraph 

(c)(2)(i)(B) and introductory text of 

paragraph (f)(3)(i) to read as follows: 

(c) * * * 

(2) * * * 

(i)

 ft * ft 

(B) By accepting a Federallyenforceable limit on the maximum 

cumulative potential rectifier capacity 

of a hard chromium electroplating 

facility and by maintaining monthly 

records in accordance with 

§ 63.346(b)(12) to demonstrate that the 

limit has not been exceeded. " " * 

ft ft ft ft ft 

(f)f t ft ft 

( 3 ) ft ft ft 

(i) The owner or operator of an 

affected source subject to the work 

practices of paragraph (f) of this section 

shall prepare an operation and 

maintenance plan to be implemented no 

later than the compliance date. 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: 

§63.344 [AmsiwSesl] 

4. In §63.344, paragraphs (e)(3)(v) and 

(e)(4)(iv) are amended by revising the 

word "less" to read "more." 
P.7 

64006 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules 

5. Section 63.347 is amended by 

revising the introductory text in 

paragraph (e)(2) and paragraph (f)(1) to 

read as follows: 

§63.347 Reporting requirements. 

* * * * * 

(e) * * * 

(2) If the State in which the source is 

located has not been delegated the 

authority to implement the rule, each 

time a notification of compliance status 

is required under this part, die owner or 

operator of an affected source shall 

submit to the Administrator a 

notification of compliance status, signed 

by the responsible official (as defined in 

§63.2) who shall certify its accuracy, 

attesting to whether the affected source 

has complied with this subpart. If the 

State has been delegated the authority, 

the notification of compliance status 

shall be submitted to the appropriate 

authority. The notification shall list for 

each affected source: 

**** * 

(f)* * * 

(1) If the State in which the source is 

located has not been delegated the 

authority to implement the rule, the 

owner or operator of an affected source 

shall report to the Administrator the 

results of any performance test' 

conducted as required by § 63.7 or 

§ 63.343(b). If the State has been 

delegated the authority, the owner or 

operator of an affected source should 

report performance test results to the 

appropriate authority. 

**** * 

6. Table 1 to subpart N of Part 63 is 

amended by revising the entry for 

"63.5(a)" to read as follows: 

TABLE 1 TO SUBPART N OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART N 

General provisions reference Applies to subpart N Comment 

63.5(a) Yes Except replace the term "source" and "stationary source" in § 63.5(a) (1) and (2) of 

subpart A with "affected sources." 

Subpart O—[Amended] 

7. Section 63.360 is amended by 

revising paragraph (f) to read as follows: 

§63.360 Applicability. 

**** * 

(f) The owner or operator of a source, 

subject to the provisions of the title 40, 

chapter I, part 63 subpart O, using 1 ton 

(see definition) is subject to title V 

permitting requirements. These affected 

sources, if not major or located at major 

sources as defined under 40 CFR 70.2, 

may be deferred by the applicable title 

V permitting authority from title V 

permitting requirements for 5 years after 

the date on which the EPA first 

approves a part 70 program (i.e., until 

December 9,1999). All sources 

receiving deferrals shall submit title V 

permit applications within 12 months of 

such date (by December 9, 2000). All 

sources receiving deferrals still must 

meet compliance schedule as stated in 

this §63.360. 

Subpart M—[Amended] 

8. Section 63.320 is amended by 

adding paragraph (k) to read as follows: 

§63.320 Applicability. 

**** * 

(k) The owner or operator of any 

source subject to the provisions of this 

subpart M is subject to title V permitting 

requirements. These affected sources, if 

not major or located at major sources as 

defined under 40 CFR 70.2, may be 

deferred by the applicable title V 

permitting authority from title V 

permitting requirements for 5 years after 

the date on which the EPA first 

approves a part 70 program (i.e., until 

December 9,1999). All sources 

receiving deferrals shall submit title V 

permit applications within 12 months of 

such date (by December 9, 2000). All 

sources receiving deferrals still must 

meet compliance schedule as stated in 

this §63.320. 

Subpart X—[Amended] 

9. Section 63.541 is amended by 

adding paragraph (c) to read as follows: 

§63.541 Applicability. 

* * * * ^ * 

(c) The owner or operator of any 

source subject to the provisions of the 

title 40, chapter I, part 63 subpart X is 

required to obtain a title V permit from 

the applicable permitting authority in 

which the affected source is located. 

(FR Doc. 95-30260 Filed 12-12-95; 8:45 am] 

BILLING CODE 6560-50-P 

40 CFR Part 180 

[PP 5E4598/P638; FRL-4990-5] 

RIN 2070-AC18 

Imidacloprid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to establish a 

time-limited tolerance for indirect or 

inadvertent combined residues of the 

insecticide (l-[6-chloro-3-

pyridinyl)methyl]-iV-nitro-2-

imidazolidinimine (referred to in this 

document as imidacloprid) and its 

metabolites resulting from crop 

rotational practices in or on the raw 

agricultural commodities in the cucurbit 

vegetables crop group. The proposed 

regulation to establish a maximum 

permissible level for residues of the 

insecticide was requested in a petition 

submitted by the Interregional Research 

Project No. 4 (IR-4) pursuant to the 

Federal Food, Drug and Cosmetic Act 

(FFDCA). The time-limited tolerance 

would expire on December 31,1996. 

DATES: Comments, identified by the 

document control number [PP 5E4598/ 

P638], must be received on or before 

January 12, 1996. 

ADDRESSES: By mail, submit written 

comments to: Public Response and 

Program Resources Branch, Field 

Operations Division (7506C), Office of 

Pesticide Programs, Environmental 

Protection Agency, 401 M St., SW, 

Washington, DC 20460. In person, bring 

comments to: Rm. 1132, CM #2,1921 

Jefferson Davis Hwy., Arlington, VA 

22202. Comments and data may also be 

submitted electronically by sending 

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic 

comments must be submitted as an 

ASCII file avoiding the use of special 

characters and any form of encryption. 

Comments and data will also be 

accepted on disks in WordPerfect 5.1 

file format or ASCII file format. All