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

ENVIRONMENTAL PROTECTION AGENCY

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.

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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 Sec. 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

[[Page 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

[[Page 64004]]

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

[[Page 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:

Sec. 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:

Sec. 63.342 Standards.

* * * * *

(c) * * *

(2) * * *

(i) * * *

(B) By accepting a Federally-enforceable limit on the maximum

cumulative potential rectifier capacity of a hard chromium

electroplating facility and by maintaining monthly records in

accordance with Sec. 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:

* * * * *

Sec. 63.344 [Amended]

4. In Sec. 63.344, paragraphs (e)(3)(v) and (e)(4)(iv) are amended

by revising the word ``less'' to read ``more.''

[[Page 64006]]

5. Section 63.347 is amended by revising the introductory text in

paragraph (e)(2) and paragraph (f)(1) to read as follows:

Sec. 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

Sec. 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 Sec. 63.7 or Sec. 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 Sec. 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:

Sec. 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 Sec. 63.360.

* * * * *

Subpart M--[Amended]

8. Section 63.320 is amended by adding paragraph (k) to read as

follows:

Sec. 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 Sec. 63.320.

Subpart X--[Amended]

9. Section 63.541 is amended by adding paragraph (c) to read as

follows:

Sec. 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]

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