64002 Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules

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 6560–50–P

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 the

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, 1996.

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 M–

1500, 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
Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules 64003

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 after 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, the 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 new standard is promulgated. Thus,

decisions regarding permitting

exemptions were to be made as each

new standard covering nonmajor

sources was published. With regard to

section 112, 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

(September 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.

II. Proposed Changes to Subpart N,

Subpart O, and Subpart M

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 are 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

approval.

Several comments 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 the requirement

of filing a timely and complete

application prior to or within the initial

implementation period of the

Chromium Electroplating MACT

Standard would place an undue burden

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. Therefore,

the Final Rule is being amended to

allow States to defer for five (5) years all

nonmajor Chromium sources from being

subject to the requirements of a title V

permit program.

The 5-year deferral is determined

with respect to the effective date of the

first State or local program to defer

nonmajor sources from title V

permitting. Washington State and local

programs within the State of

Washington were the first programs

approved by EPA which deferred

nonmajor sources. Final action on these

programs was published on November

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

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 the 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

recordkeeping requirements. 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 oral presentation 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
Federal Register / Vol. 60, No. 239 / Wednesday, December 13, 1995 / Proposed Rules 64005

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 the 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 40 CFR Part 63

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:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

Subpart N—[Amended]

2. Section 63.340 is amended by

revising paragraph (e) to read as follows:

§ 63.340 Applicability and designation of

sources.

* * * * *

(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 this 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:

§ 63.342 Standards.

* * * * *

(c) * * *

(2) * * *

(i) * * *

(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. * * *

* * * * *

(f) * * *

(3) * * *

(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 [Amended]

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

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

word ‘‘less’’ to read ‘‘more.’’
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, the 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 (1-[6-chloro-3-

pyridinyl)methyl]-N-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