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Clarifications to Existing National Emissions Standards for Hazardous Air Pollutants Delegations' Provisions

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[Federal Register: January 16, 2002 (Volume 67, Number 11)]
[Proposed Rules]
[Page 2285-2315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja02-21]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7122-3]
RIN 2060-AJ26
 
Clarifications to Existing National Emissions Standards for 
Hazardous Air Pollutants Delegations' Provisions

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed amendments.

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SUMMARY: As part of the section 112(l), ``Approval of State Programs 
and Delegation of Federal Authorities'' rulemaking process, EPA (we) 
agreed to clarify which portions of the existing national emission 
standards for hazardous air pollutants (NESHAP) contain authorities 
that can be delegated to State, Local, and Tribal (S/L/T) agencies 
(September 14, 2000). Today's rulemaking clarifies which parts of the 
existing NESHAP can be delegated to S/L/T agencies by adding or 
modifying a section in each NESHAP to describe the authorities that can 
be delegated to S/L/T agencies and those that must be retained by us. 
In addition, to further clarify which portions of the NESHAP are 
delegable, some NESHAP standards sections were slightly reorganized or 
rephrased to separate delegable from non-delegable authorities. These 
clarifications do not change any substantive NESHAP requirements for 
industrial sources. This action does not reopen any of the other 
requirements in these NESHAP, nor are we accepting comments beyond the 
scope of this proposal.

DATES: Comments. Submit comments on or before March 18, 2002.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by February 5, 2002, a public hearing will be held on 
February 15, 2002.

ADDRESSES: Comments. Written comments should be submitted (in duplicate 
if possible) to: Air and Radiation Docket and Information Center 
(6102), Attention: Docket No. A-2000-57, Room M-1500, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. The EPA requests that a separate copy also be 
sent to Ms. Pam Smith, USEPA OAQPS/ITPID (C339-03), Research Triangle 
Park, North Carolina 27711, telephone number (919) 541-0641, facsimile 
(919) 541-5509 or e-mail smith.pam@epa.gov.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. in the EPA's Office of Administration's Auditorium in Research 
Triangle Park, North Carolina, or at an alternate site nearby.
    Docket. Docket No. A-2000-57 contains supporting information used 
in developing the standards. The docket is located at the U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 in room M-1500, Waterside Mall (ground floor), and may be 
inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Driscoll, USEPA OAQPS/ITPID 
(C339-03), Research Triangle Park, North Carolina 27711, telephone 
(919) 541-5135, or electronic mail at driscoll.tom@epa.gov. 

SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted 
by electronic mail (e-mail) to: a-and-r-docket@epa.gov. Electronic 
comments must be submitted as an ASCII file to avoid the use of special 
characters and encryption problems and will also be accepted on disks 
in WordPerfect version 5.1, 6.1, or Corel 8 file 
format. All comments and data submitted in electronic form must note 
the docket number (Docket No. A-2000-57). No confidential business 
information (CBI) should be submitted by e-mail. Electronic comments 
may be filed online at many Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Attention: Docket Center, 4930 Old 
Page Rd., Building C, Room 530A, Research Triangle Park, NC 27709. The 
EPA will disclose information identified as CBI only to the extent 
allowed by the procedures set forth in 40 CFR part 2. If no claim of 
confidentiality accompanies a submission when it is received by the 
EPA, the information may be made available to the public without 
further notice to the commenter.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact, Ms. Pam 
Smith, USEPA OAQPS/ITPID (C339-03), Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-0641 at least 2 days in 
advance of the public hearing. Persons interested in attending the 
public hearing must also call Ms. Smith to verify the time, date, and 
location of the hearing. The public hearing will provide interested 
parties the opportunity to present data, views, or arguments concerning 
these proposed emission standards.
    Docket. The docket is an organized and complete file of all the 
information considered by the EPA in the development of this 
rulemaking. The docket is a dynamic file because material is added 
throughout the rulemaking process. The docketing system is intended to 
allow members of the public and industries involved to readily identify 
and locate documents so that they can effectively participate in the 
rulemaking process. Along with the proposed and promulgated standards 
and their preambles, the contents of the docket will serve as the 
record in the case of judicial review. (See section 307(d)(7)(A) of the 
Clean Air Act (Act).) The regulatory text and other materials related 
to this rulemaking are available for review in the docket or copies may 
be mailed on request from the Air Docket by calling (202) 260-7548. A 
reasonable fee may be charged for copying docket materials.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of these proposed amendments are also available on 
the WWW through the Technology Transfer Network (TTN). Following 
signature, a copy of the amendments will be posted on the TTN's policy 
and guidance page for newly proposed or promulgated rules http://
www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding accessing the TTN is needed, call the TTN HELP line at (919) 
541-5384.
    Regulated Entities. Entities potentially affected by this rule are 
S/L/T agencies that voluntarily request delegation of section 112 
rules, emissions standards, or requirements. The procedures and 
criteria for requesting and receiving delegation are in Sec. 63.90 
through Sec. 63.97, excluding Sec. 63.96, of 40 CFR 63 subpart E. 
Facilities that are subject to the individual subparts proposed for 
modification should not be affected by the proposed changes, which 
clarify the delegation requirements between EPA and the S/L/T agencies.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. How do we delegate section 112 standards to you?
    B. When a standard is delegated, can you change any of the 
requirements?
    C. What is the purpose of this rulemaking?

[[Page 2287]]

    D. What are the types of changes proposed?
    E. Do these clarifications change any substantive requirements 
to sources?
    F. Why do we need a consistent ``Implementation and 
Enforcement'' section in each NESHAP?
    G. Once NESHAP are delegated, does the S/L/T agencies' 
enforcement authority replace EPA's authority?
    H. Does today's rulemaking affect prior delegations of these 
part 63 NESHAP (maximum achievable control technology (MACT) 
standards)?
II. Overview of Proposed Changes
    A. What categories of changes are we proposing?
    B. What clarifications have we made to individual subparts?
III. Administrative Requirements
    A. Docket
    B. Executive Order 12866--Regulatory Planning and Review
    C. Executive Order 13132--Federalism
    D. Executive Order 13175--Consultation and Coordination with 
Indian Tribal Governments
    E. Paperwork Reduction Act
    F. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq
    G. Unfunded Mandates Reform Act of 1995
    H. Executive Order 13045--Protection of Children from 
Environmental Health Risks and Safety Risks
    I. National Technology Transfer and Advancement Act of 1995
    J. Executive Order 13211--Energy Effects

I. Background

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

    The requirements in 40 CFR part 63, subpart E provide a framework 
for you, the S/L/T agencies, to request and receive delegation of the 
NESHAP we, EPA, develop under section 112 of the Act. Once you accept 
delegation, you are responsible for implementing and enforcing the 
NESHAP for sources in your jurisdiction.

B. When a Standard Is Delegated, Can You Change Any of the 
Requirements?

    In addition to the overall implementation and enforcement authority 
conferred by the delegation, there are separate parts of each section 
112 requirement that we cannot delegate to you. Each individual NESHAP, 
for example, contains requirements that are considered the standards' 
and are, therefore, not delegable in terms of you making changes to 
them. Because the Administrative Procedures Act requires us to approve 
alternative emission limitations or control requirements through 
Federal rulemaking, we cannot delegate our rulemaking authority to you. 
More specifically, any requests by sources for alternative standards 
must be considered by us and acted upon in a notice and comment 
rulemaking. Additionally, we cannot delegate authorities that may alter 
the stringency of the standard, that require Federal oversight for 
national consistency or that may require Federal rulemaking. Generally, 
requests by you to revise standards for the source category (or 
portions thereof) must be addressed through the subpart E rulemaking 
process for alternative standards. Please note that nothing in the 
section or this rulemaking usurps your authority to have more stringent 
state program requirements, such as more stringent emission 
limitations, apply to sources subject to NESHAP.
    However, the authorities in other sections of the rules may be 
delegable, and approval of alternatives to these requirements may be 
exercised by you, once you have been delegated the NESHAP through 
subpart E (straight delegation, Sec. 63.91). Similar authorities may 
also be in the 40 CFR part 63, subpart A General Provisions, which are 
incorporated into the majority of the NESHAP, and they contain 
provisions for the consideration of alternatives to testing, 
monitoring, reporting, and recordkeeping requirements on a case-by-case 
basis. Section 63.91(g)(1)(i) of 40 CFR part 63, subpart E further 
clarifies that ``Category I'' changes, including minor and intermediate 
changes to testing, monitoring, recordkeeping, and reporting 
requirements may be considered and approved by delegated S/L/T 
agencies. There are similar discretionary authorities, to those 
mentioned directly above, in each NESHAP that may also be delegated to 
you. Please note, each NESHAP being revised in today's rulemaking will 
describe those authorities that will be retained by EPA. All other 
authorities in those NESHAP are delegable to S/L/Ts.

C. What Is the Purpose of This Rulemaking?

    As a part of the large regulatory and policy effort to clarify and 
streamline delegation of part 63 requirements, we agreed to clarify 
which portions of the existing 40 CFR part 63 NESHAP contain 
authorities that can be delegated to you (65 FR 55810). In order to 
achieve this objective, we are proposing slight changes to many of the 
existing NESHAP. These clarifications will allow you to approve 
alternatives to the delegable authorities, including category I 
authorities listed in Sec. 63.91(g)(i), instead of requiring a 
rulemaking by the EPA to approve the site-specific alternatives. Many 
of the existing NESHAP lack a clear delegation section which this 
proposal would remedy.
    This is also an opportunity to make the format of the existing 
NESHAP more consistent with the format used for NESHAP.

D. What Are the Types of Changes Proposed?

    The existing NESHAP were promulgated before we developed a 
consistent rule format, so each one has a slightly different format. 
Due to these inconsistencies, each NESHAP may need one or more 
clarifications, listed below, to ease delegation:
     Addition or modification of a section (Implementation and 
Enforcement) in each NESHAP describing the authorities that can be 
delegated to you and those that must be retained by us.
     Reorganization of the standards sections in NESHAP to 
separate compliance assurance measures from actual standards.
     Minor rephrasing of work practices and other standards 
developed under the authority of section 112(h) of the Act to allow 
approval of delegable testing, monitoring, reporting, and recordkeeping 
authorities by S/L/Ts and without rulemaking by us.

E. Do These Clarifications Change Any Substantive Requirements to 
Sources?

    None of these clarifications change any substantive requirements 
for sources subject to these subparts. These clarifications are 
intended only to allow you to clearly identify which authorities you 
may be delegated through 40 CFR part 63, subpart E. As stated earlier, 
we are not accepting comment on any other provision of these subparts 
that is outside the scope of this proposal.

F. Why Do We Need a Consistent ``Implementation and Enforcement'' 
Section in Each NESHAP?

    We recognized a need for more consistent formats between the 
standards, primarily because more than one NESHAP may apply to an 
individual facility. Consistent NESHAP formats will help you write 
comprehensive permits for these sources and allow owners and operators 
to focus on one rather than multiple regulatory formats. Consistent 
formats will also aid in determining compliance within sources; 
especially those facilities that are subject to more than one NESHAP. 
Therefore, we developed a straightforward format which we are now using 
in NESHAP to address these concerns and enhance the readability of the 
rules. We recognized that the format should include a section to 
describe the authorities for which you are allowed to approve 
alternatives to a NESHAP once

[[Page 2288]]

you have received delegation of the standard. This section is termed 
``Implementation and Enforcement.''
    Many existing NESHAP do not currently contain a section explaining 
which authorities must be retained by EPA and which can be delegated to 
S/L/T agencies. In other instances, the NESHAP contain an explanation 
of these authorities in a section termed ``Delegation of Authority'' 
which vary widely in form and in content. We are proposing to amend 
both the existing subparts that do contain and those that do not 
contain delegation provisions in today's rulemaking. We have 
incorporated an ``Implementation and enforcement'' section into the 
NESHAP that do not already contain such a section. As mentioned above, 
we revised the delegation provisions in subparts that currently contain 
a ``Delegation of Authority'' section to conform with the 
``Implementation and enforcement'' section format.

G. Once NESHAP Are Delegated, Does the S/L/T Agencies' Enforcement 
Authority Replace EPA's Authority?

    Throughout this preamble, we state that once NESHAP are delegated 
to you, then you will have the authority to implement and enforce those 
rules for sources in your jurisdiction. However, nothing in this 
language is intended to suggest that your enforcement agencies have 
replaced our Federal authority to enforce and implement those rules. We 
remain partners with you in enforcing the NESHAP.

H. Does Today's Rulemaking Affect Prior Delegations of These Part 63 
NESHAP (MACT Standards)?

    In many cases, you have already accepted delegation of these NESHAP 
and, consequently, you are currently implementing and enforcing them. 
We do not believe that today's rulemaking adversely affects existing 
delegations of these NESHAP to you. For the most part, today's 
rulemaking clarifies which of the authorities in each existing NESHAP 
can, and cannot, be delegated to you, so that you can approve or 
disapprove alternative requirements.
    In all prior delegations, specific authorities in the NESHAP were 
generally not identified as being delegated. Instead, the NESHAP have 
been generally delegated in their entirety. For example, when our 
Regional Offices delegate a NESHAP or MACT standard through straight 
delegation (see 65 FR 55810, September 14, 2000) to a S/L/T, they 
reference the whole NESHAP, such as Subpart M--National 
Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, 
in any rulemaking or documents. They usually do not reference a 
particular authority within the NESHAP, such as Sec. 63.324(d), 
``[E]ach owner or operator of a dry cleaning facility shall keep 
receipts of perchloroethylene purchases * * *'' in any delegation. 
Therefore, today's rulemaking will not affect your existing part 63 
NESHAP delegation.
    Potential issues may occur where you have already acted on the 
authorities you believed you had been delegated. For example, in 
Subpart HH, the delegation of authority paragraph in Sec. 63.776 does 
not withhold the delegation of any of the standards' sections. 
Therefore, you may have exercised the authority to approve alternative 
emissions controls or limitations in this example. As mentioned above, 
you cannot approve alternatives to NESHAP's emissions controls or 
limitations because they must be established through national 
rulemaking. Only we can approve alternatives to emissions controls or 
limitations through national rulemaking.
    If you have inadvertently approved alternatives to NESHAP's 
emissions controls or limitations for a specific source, then the 
appropriate EPA Regional Office must be notified of this approval. Our 
Regional Office will then work with you and our Office of Air Quality 
Planning and Standards, Office of Enforcement and Compliance Assurance, 
and Office of General Counsel to reevaluate the alternative through 
Sec. 63.6 or the provisions in 40 CFR part 63, subpart E. If you have 
any questions regarding inadvertent approvals, please contact your 
appropriate EPA Regional Office.

II. Overview of Proposed Changes

A. What Categories of Changes Are We Proposing?

1. Adding an ``Implementation and Enforcement'' Section
    The first category of changes involves adding a section that 
describes non-delegable authorities or changing current delegation 
sections to conform to a consistent format. The new ``Implementation 
and enforcement'' sections cite the rule sections or requirements for 
which you may not approve alternatives (i.e., non-delegable 
authorities). The authority to make changes to those sections or 
requirements is retained by us and includes the authority to approve 
any alternatives to emissions standards; including their applicability 
requirements. Conversely, any authority not expressly reserved for us, 
in these paragraphs, can be delegated to you so that you can exercise 
these authorities.
    As part of the recent subpart E rulemaking (65 FR 55810), we have 
clarified which of the specific General Provisions authorities 
regarding alternative requirements could not be delegated to you 
because they would be nationally significant or would alter the 
stringency of an underlying standard and, thus, could not be delegated 
to you. We divided the General Provisions discretionary authorities 
into two groups, based upon the relative significance of each type of 
decision. Category I contains those authorities which can be delegated. 
We believe that the EPA Regional Office retains the ability to request 
review of these decisions, although we expect that this authority will 
be exercised infrequently. Category II contains those authorities which 
cannot be delegated.
    In general, we believe that where possible, authority to make 
decisions which are not likely to be nationally significant or to alter 
the stringency of the underlying standard, such as minor changes to 
test methods, should be delegated to those with the most expertise in 
dealing with these kinds of decisions, the S/L/Ts; resulting in minimal 
involvement by us. Section 63.91(g)(1)(i) of subpart E lists the 
authorities in category I, i.e., those authorities which may be 
delegated.
    Section 63.91(g)(2)(ii) of subpart E lists the authorities which 
may not be delegated in Category II, which includes those decisions 
which generally may result in a change to the stringency of the 
underlying standard, which is likely to be nationally significant, or 
which may require a Federal Register notice when approving an 
alternative. These authorities, as mentioned previously, must always be 
retained by us, and cannot be delegated to you. Consistent with this 
approach, we must retain the authority to approve major alternatives to 
test methods, monitoring, recordkeeping, and reporting.
    With this proposal, we are not requesting comment on the 
appropriateness of our decisions regarding the classification of 
General Provisions authorities into Category I or II. That decision was 
recently finalized (65 FR 55810) based on public comment and internal 
discussion. However, the changes proposed today in the individual 
subparts reference the subpart E classifications to ensure that they 
conform with this similar framework. We are requesting comment on 
whether the individual provisions in the existing subparts are 
appropriately included in this framework or whether

[[Page 2289]]

there are subpart-specific reasons for an alternative scheme.
2. Reorganizing Sections To Separate Compliance Assurance Measures From 
Actual Standards
    The NESHAP contain two major types of requirements: standards and 
delegable requirements. The standards are the essential requirements 
that implement EPA's authority under the Act to establish hazardous air 
pollutant (HAP) emission standards. These standards may be emission 
limitations (emission limits, operating limits, opacity limits, and 
visible emission limits) and/or work practice standards (design, 
equipment, work practices, and operational standards). The authority to 
approve alternatives to any of the promulgated standards must be 
retained by us. Requirements that are essential to ensuring that the 
standards are achieved as EPA intended, such as applicability 
requirements and compliance dates, are also retained.
    The delegable requirements are also essential, but they offer some 
flexibility in their implementation. For example, you can approve minor 
and intermediate changes to testing, monitoring, reporting, and 
recordkeeping provisions, as long as they are at least as stringent as 
EPA requirements. For example, a source may request to inspect air 
pollution control equipment on a different schedule than that contained 
in the rule for source-specific reasons. An alternative inspection 
scheme may be accepted if the proposed schedule meets the intent of the 
original requirements to ensure the equipment is inspected regularly 
and repaired in a timely fashion.
    In another instance, a source may wish to submit reports to 
coincide with the schedule of other required reports. A change in the 
schedule for submission of reports would be considered a minor change 
to reporting, and the authority to approve these types of minor changes 
is one which can be delegated to the S/L/T agencies.
    In other cases, the S/L/T agency is given authority to make changes 
in the implementation of a requirement, but not to change the actual 
requirement itself. For example, some NESHAP require operation and 
maintenance plans. Here the S/L/T agency is given the authority to 
approve some changes in the content of the plan, but does not have the 
authority to waive the requirement that the plan must be created and 
followed. Additionally, some newly named operation and maintenance 
sections contain provisions which are similar to work practices, in 
that they can potentially affect emissions, such as the requirement to 
operate and maintain the source's equipment in keeping with good air 
pollution control practices, or the requirement to correct malfunctions 
as soon as practicable. You may not approve alternatives that are less 
stringent than the criteria outlined in the subpart. However, you may 
require more stringent provisions, such as not permitting excess 
emissions during malfunctions at all. Where an operations and 
maintenance plan is required, it usually allows the source considerable 
latitude in designing the plan, so long as the plan meets certain 
criteria. You may approve alternatives to the plan that are more 
stringent than the criteria listed, but you may not approve elimination 
of major criteria, such as specifying the process and control system 
monitoring equipment.
    As a second example, most NESHAP include requirements to monitor 
certain specified control equipment operating parameters and to set 
enforceable operating limits for these same parameters based on data 
from the performance test. In this case, the S/L/T may be delegated the 
authority to approve changes to the ranges for the operating limits 
based on new performance test data and/or other relevant information 
submitted by the source. However, we retain the authority to approve 
modifications to requirements affecting which parameters are monitored 
(e.g., EPA would approve appropriate parameters to monitor for a 
control device not addressed in a NESHAP).
    A more detailed discussion and additional examples of changes that 
may be made to the delegable requirements are presented in the 
preambles to the proposed and final subpart E rule (64 FR 1880) and (65 
FR 55822).
    In most NESHAP, the non-delegable authorities and the delegable 
authorities are separated into different sections of the rule. However, 
in a few NESHAP, these authorities are mixed within a single section; 
in the standard section in some NESHAP. In this case, we identified and 
separated out (where possible) the paragraphs that contain requirements 
for which you may not approve alternatives in the ``Implementation and 
enforcement'' section.
    In other situations, the delegable and non-delegable authorities 
are not clearly separated into different sections or into different 
paragraphs within a standards section. In these cases, we have 
restructured the standards sections to separate the delegable and non-
delegable authorities. This restructuring was accomplished by moving 
the delegable authorities to more appropriate sections of the rule, 
such as ``Monitoring requirements'' or ``Recordkeeping requirements'' 
sections. As a result, the ``Implementation and enforcement'' section 
more clearly shows which authorities you may not be delegated by simply 
listing the sections containing those authorities.
3. Proposing Minor Work Practices' Amendments To Allow Approval of 
Alternatives Without EPA Rulemaking
    In some MACTs, provisions for which you could or should have the 
authority to approve alternatives are written in a way that precludes 
you from approving alternatives to these practices. Authority to 
approve alternatives to work practice standards or any other emission 
limitation established under section 112(d) or (h) of the Act cannot be 
delegated to you. However, some work practice requirements could be 
written more broadly to allow alternative practices to be implemented 
or these work practice requirements could be written to expressly state 
that you may approve alternative practices.
    We have rewritten these work practice standards, where possible, to 
specifically state that you have the authority to approve equivalent or 
more stringent alternative compliance assurance measures. The sections 
containing these requirements are not listed as authorities retained by 
us in the implementation and enforcement section. These kinds of 
changes are necessary only for a small number of subparts.
    An example of the need for broader flexibility in these 
requirements is presented in subpart GG, the Aerospace NESHAP. This 
subpart includes a requirement that solvent-laden rags be stored in 
closed containers with tight-fitting lids. This requirement prohibits 
the use of other methods for storing solvent-laden rags to prevent HAP 
emissions, such as storing them in a room that is vented to a control 
device. This practice may be as effective as the use of a closed 
container. However, as subpart GG is currently written, sources must 
apply to our Office of Air Quality Planning and Standards to have such 
an alternative work practice approved as equivalent. In turn, we must 
approve this alternative work practice through rulemaking. In this and 
other instances where this rulemaking procedure does not seem 
necessary, we have rephrased the work practice standard to specifically 
state that S/L/T agencies may determine whether alternatives are 
equivalent.

[[Page 2290]]

B. What Clarifications Have We Made to Individual Subparts?

1. Subpart F, National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
    Subpart F contains the primary MACT standards of the Hazardous 
Organic NESHAP (HON). This regulation is one subpart in a group of 
subparts that make up the HON regulation, where each subpart regulates 
a group of emission points. These unit-specific subparts were written 
to collectively regulate the production of 300 defined organic 
chemicals, but have subsequently been used as a reference in other MACT 
regulations for some requirements. Therefore, for cross-referencing and 
delegation purposes, it is important for each of these subparts to have 
adequate separation of delegable versus non-delegable authorities and 
to have delegation provisions that are specific to each subpart.
    In some instances, this regulation is not clear about separating 
delegable authorities. For example, Sec. 63.104 contains monitoring 
requirements associated with leak detection and repair. However, these 
types of requirements actually constitute an integral part of the 
standard in leak detection and repair programs. The leak detection and 
repair requirements of subpart F fall into this category, so we are not 
proposing to delegate these authorities.
    To clarify which authorities are delegated, we have replaced the 
existing delegation paragraph with ``Implementation and enforcement'' 
section language. These delegation provisions show that delegation of 
authority to approve alternatives is not given to S/L/T agencies for 
the requirements in Secs. 63.100, 63.102, and 63.104, which contain 
applicability requirements, general standards, and standards for heat 
exchangers. In addition, this rule requires that affected sources meet 
specific requirements that are contained in other subparts. We have 
clarified that delegation of those requirements will occur according to 
the delegation provisions of the referenced subparts.
2. Subpart G, HON Standards for Process Vents, Storage Vessels, 
Transfer Operations, and Wastewater
    Subpart G contains the HON MACT standards for process vents, 
storage vessels, transfer operations, and wastewater. As described 
above, it is important for cross-referencing and delegation purposes 
for each of the HON subparts to have adequate separation of compliance 
assurance measures from the standards and to have a delegation 
paragraph specific to the requirements of each subpart.
    In some instances, this regulation does not adequately separate 
delegable versus non-delegable authorities. For example, Secs. 63.133-
63.139 contain inspection requirements and schedules for problem 
detection and repair. However, these types of requirements actually 
constitute an integral part of the standard in leak detection and 
repair programs. The leak detection and repair requirements of subpart 
G fall into this category, so we are not proposing to delegate these 
authorities.
    This subpart does not currently contain its own delegation 
provisions. However, Sec. 63.121 describes procedures that should be 
followed to request the use of alternative means of emissions 
limitation for storage vessels. Also, the delegation provisions in 
subpart F address delegation of some subpart G requirements. To clarify 
which authorities are delegated, we propose to add ``Implementation and 
enforcement'' section for delegation provisions to this subpart in a 
new section, Sec. 63.153. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.112-63.113, 63.119, 63.126, 
63.132-63.140, and 63.148-63.149, which contain the emission standards; 
for the requirements in Sec. 63.110 which contains the applicability 
requirements for this rule; and Sec. 63.150(i)(1)-(4), which contains 
requirements to request permission to take credit for use of a control 
technology that is different in use or design from the reference 
control technology. To retain the intent of the original language of 
Sec. 63.121, the new delegation paragraph cross-references the section 
identifying the procedures to follow in requesting an alternative means 
of emission limitation for storage vessels. In addition, this rule 
requires that affected sources meet specific requirements that are 
contained in other subparts. We have clarified that delegation of those 
requirements will occur according to the delegation provisions of the 
referenced subparts. Where subpart G requires that affected sources 
meet specific requirements that are contained in other subparts, but 
makes certain changes to those provisions, we have clarified that those 
provisions should be changed accordingly and then delegated according 
to the delegation provisions of the referenced subpart.
3. Subpart H, HON for Organic Hazardous Air Pollutants for Equipment 
Leaks
    Subpart H is the MACT standard for equipment leaks at facilities 
regulated by the HON. As described above, it is important for cross-
referencing and delegation purposes for each of the HON subparts to 
have adequate separation of compliance assurance measures from the 
standards and to have a delegation paragraph specific to the 
requirements of each subpart.
    In some instances, this subpart does not adequately separate 
delegable versus non-delegable authorities. Several standards sections 
contain monitoring, inspection, recordkeeping, and reporting 
requirements associated with leak detection and repair. However, we 
believe that these types of requirements actually constitute an 
integral part of the standard in leak detection and repair programs. 
The leak detection and repair requirements of subpart H fall into that 
category, so we are not proposing to delegate these authorities.
    This subpart does not have its own delegation provisions. To 
clarify which authorities are delegated, we have added ``Implementation 
and enforcement'' section in a new section, Sec. 63.183. The section, 
as proposed, indicates that delegation of authority to approve 
alternatives cannot be given to S/L/T agencies for the requirements in 
Secs. 63.160, 63.162-63.176, and 63.178-63.179, which contain the 
applicability provisions, emissions standards, standards for quality 
improvement programs, and provisions for alternative emission 
limitations. The reader is also instructed to follow the requirements 
of Sec. 63.177 to request an alternative means of emission limitation 
for batch processes and enclosed-vented process units.
    This subpart also requires affected sources to meet specific 
requirements that are contained in other subparts. We have clarified in 
the implementation and enforcement language that delegation of those 
requirements will occur according to the delegation provisions of the 
referenced subparts. Where subpart H requires that affected sources 
meet specific requirements that are contained in other subparts, but 
makes certain changes to those provisions, we have clarified that those 
provisions should be modified accordingly and then delegated according 
to the delegation provisions of the referenced subpart.

[[Page 2291]]

4. Subpart I, HON for Certain Processes Subject to the Negotiated 
Regulation for Equipment Leaks
    Subpart I is the negotiated MACT standard for equipment leaks at 
facilities regulated by the HON. As described above, it is important 
for cross-referencing and delegation purposes for each of the HON 
subparts to have adequate separation of compliance assurance measures 
from the standards and to have a delegation paragraph specific to the 
requirements of each subpart.
    In some instances, this subpart does not adequately separate 
compliance assurance measures from the standards. Section 63.192, 
``Standard,'' contains performance test, recordkeeping, reporting, and 
other provisions that are considered delegable. Since the paragraphs 
containing these provisions are reasonably separable from the other 
standards in the section, we have indicated that the requirements in 
paragraphs Sec. 63.192(c)-(d), (f)-(g), and (k)-(m) are not part of the 
standard and, thus, are delegable. Again, we are not changing the 
substance of these requirements and are, thus, accepting comments only 
on the delegation of them.
    To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with ``Implementation and 
enforcement'' section. The section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.190 and 63.192(a)-(b), (e), 
(h)-(j), which contain the applicability provisions and emissions 
standards for this subpart. In addition, this subpart requires that 
affected sources meet specific requirements that are contained in other 
subparts. In the implementation and enforcement language, we have 
clarified that delegation of those requirements will occur according to 
the delegation provisions of the referenced subparts.
5. Subpart L, National Emission Standards for Coke Oven Batteries
    Subpart L is the MACT standard for coke oven batteries. To clarify 
which authorities are delegated, we have replaced the existing 
delegation provisions' language with ``Implementation and enforcement'' 
section. In the delegation section, we retain the authorities in 
Secs. 63.300 and 63.302-63.308, which contain the applicability 
provisions and emissions standards for by-product and nonrecovery coke 
oven batteries, compliance date extensions, coke oven doors equipped 
with sheds, work practice standards, bypass/bleeder stacks, and 
collecting mains.
    The original delegation provisions contained language addressing 
failure of delegated agencies to carry out required inspections and 
tests. We retained this language in the revised delegation provisions, 
but added language to it and to Sec. 63.609, ``Performance tests and 
procedures,'' explaining that the Administrator may also withdraw 
delegation of authority pursuant to the provisions of Sec. 63.96.
6. Subpart M, National Perchloroethylene Air Emission Standards for Dry 
Cleaning Facilities
    Subpart M is the MACT standard for perchloroethylene dry cleaning 
operations. This subpart does not separate delegable authorities from 
non-delegable ones in some instances. Section 63.322, ``Standards,'' 
contains inspection and repair requirements for equipment leaks in 
paragraphs (k)-(n), which are considered delegable monitoring 
authorities for this subpart. Since these paragraphs are reasonably 
separable from the other standards in the section, we have indicated 
that the requirements in paragraphs (k)-(n) are not considered part of 
the standard and, thus, are delegable authorities.
    This subpart also does not currently contain a delegation section. 
To clarify which authorities are delegated, we have added the 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.326. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.322(a)-(j), 
which contain the emissions and work practice standards for this rule. 
This section also shows that delegation of authority to approve 
alternatives is not given to S/L/T agencies for the applicability 
provisions in Sec. 63.320. Finally, to retain the intent of the 
original language of Sec. 63.325, which identifies procedures to 
demonstrate equivalence of an alternative control technology, the 
delegation provisions cross-reference the section that identifies 
procedures to follow in requesting use of an alternative control 
technology.
7. Subpart N, National Emission Standards for Chromium Emissions from 
Hard and Decorative Chromium Electroplating and Chromium Anodizing 
Tanks
    Subpart N is the MACT standard for chromium electroplating. This 
subpart does not separate delegable requirements from non-delegable 
standards in one instance. Section Sec. 63.342(f) contains operation 
and maintenance requirements, which are inappropriately termed ``work 
practice standards.'' We have replaced the term ``work practice 
standards'' with ``operation and maintenance practices'' to clarify 
that these authorities are delegable requirements rather than actual 
standards and made similar conforming changes elsewhere in the rule, as 
needed. Since these paragraphs are reasonably separable from the other 
standards in the section, we have indicated that the authorities in 
Sec. 63.342(f) are not considered part of the standard and, thus, are 
delegable.
    This rule does not currently contain delegation provisions. To 
clarify which authorities are delegated, we have added ``Implementation 
and enforcement'' section for the delegation provisions in a new 
section, Sec. 63.348. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the authorities in Secs. 63.340 and 63.342(a)-(e) and 
(g), which contain the applicability provisions and the emission 
standards for hard chromium electroplating tanks, decorative chromium 
electroplating tanks using a chromic acid bath and chromium anodizing 
tanks, and decorative chromium electroplating tanks using a trivalent 
chromium bath.
8. Subpart O, Ethylene Oxide Emissions Standards for Sterilization 
Facilities
    Subpart O is the MACT standard for the ethylene oxide sterilization 
industry. This subpart does not currently contain delegation 
provisions. To clarify which authorities are delegated, we have added 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.368. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.360 and 
63.362, which contain the applicability provisions and emission 
standards for this rule.
9. Subpart Q, National Emission Standards for Hazardous Air Pollutants 
for Industrial Process Cooling Towers
    Subpart Q is the MACT standard for industrial cooling towers. This 
subpart does not currently contain delegation provisions. To clarify 
which authorities are delegable, we have added ``Implementation and 
enforcement'' section for the delegation provisions in a new section, 
Sec. 63.407. This section, as proposed, indicates that delegation of 
authority to approve alternatives cannot

[[Page 2292]]

be given to S/L/T agencies for the authorities in Secs. 63.400 and 
63.402-63.403, which contain the applicability provisions, the 
emissions standard, and the compliance dates for this subpart.
10. Subpart R, National Emission Standards for Gasoline Distribution 
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
    Subpart R is the MACT standard for gasoline distribution. To 
clarify which authorities are delegated, we have replaced the existing 
delegation provisions' language with ``Implementation and enforcement'' 
section. This section, as proposed, indicates that delegation of 
authority to approve alternatives cannot be given to S/L/T agencies for 
the requirements in Secs. 63.420 and 63.422-63.424, which contain the 
applicability provisions and emissions standards for loading racks, 
storage vessels, and equipment leaks.
    To retain the intent of the original delegation provisions, the 
revised delegation section also retains delegation of the authority to 
approve major alternatives to the monitoring specified in 
Sec. 63.427(a)(1)-(4) per Sec. 63.427(a)(5), which contains provisions 
for monitoring an alternative operating parameter. To retain the intent 
of the original language of Sec. 63.426, the revised delegation 
paragraph cross-references that section for procedures to follow in 
requesting an alternative means of emission limitation for storage 
vessels.
11. Subpart S, National Emission Standards for Hazardous Air Pollutants 
from the Pulp and Paper Industry
    Subpart S is the MACT standard for pulp and paper production. This 
subpart does not separate delegable requirements from non-delegable 
standards in some instances. Section Sec. 63.450, ``Standards for 
enclosures and closed-vent systems,'' contains monitoring and recording 
requirements for closed vent system bypass lines. We have removed the 
monitoring and recording authorities from Sec. 63.450(d)(1) and placed 
them in Sec. 63.454(e), ``Recordkeeping requirements.'' However, we 
added a reference in Sec. 63.450(d)(1) that the provisions of 
Sec. 63.454(e) must be followed.
    This subpart contains delegation provisions that are not consistent 
with ``Implementation and enforcement'' section. To clarify which 
authorities are delegated, we have replaced the existing delegation 
provisions' language with ``Implementation and enforcement'' section. 
This section, as proposed, indicates that delegation of authority to 
approve alternatives cannot be given to S/L/T agencies for the 
requirements in Secs. 63.440, 63.443-63.437 and 63.450, which contain 
the applicability provisions and the emissions standards for pulping 
systems, bleaching systems, kraft pulping process condensates, clean 
condensate alternatives, and enclosures and closed-vent systems. This 
subpart also requires that provisions of another subpart be followed. 
In the implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
provisions of the subpart that is referenced.
12. Subpart T, National Emission Standards for Halogenated Solvent 
Cleaning
    Subpart T is the MACT standard for halogenated solvent cleaning. We 
have restructured the work practices in Sec. 63.462 to give S/L/T 
agencies greater flexibility to approve alternatives that will still 
meet the intent of the standard. To create this flexibility we have 
added paragraph (e) to Sec. 63.462. In addition, Sec. 63.463, ``Batch 
vapor and in-line cleaning machine standards,'' contains recordkeeping 
provisions in Sec. 63.463(e)(2)(ix)(B). We have restructured this 
section to refer to Sec. 63.467 ``Recordkeeping requirements,'' for 
these provisions in Sec. 63.467(a)(6).
    This subpart also does not currently contain delegation provisions. 
To clarify which authorities are delegated, we added ``Implementation 
and enforcement'' section in a new section, 63.470. This section, as 
proposed, indicates that delegation of authority to approve 
alternatives cannot be given to S/L/T agencies for the requirements in 
Secs. 63.460, 63.462(a)-(d), and 63.463-63.464, which contain the 
applicability provisions and the emissions standards for batch cold 
cleaning machines and batch vapor and in-line cleaning machines.
    Section 63.469 describes procedures that must be followed to 
request the use of alternative equipment or an alternative work 
practice. Section 63.460(f) retains delegation of this section to the 
Administrator and also retains Sec. 63.463(d)(9), which requires the 
owner or operator to maintain each solvent cleaning machine as 
recommended by the manufacturer or to use alternative practices that 
have been approved by the Administrator. The delegation provisions 
added in Sec. 63.470 cross-reference Sec. 63.469 for procedures to 
follow in requesting an alternative means of emission limitation. We 
have removed Sec. 63.460(f), since the requirements of that paragraph 
are now listed in Sec. 63.470 as authorities that are not delegated.
13. Subpart U, National Emission Standards for Hazardous Air Pollutant 
Emissions: Group I Polymers and Resins
    Subpart U is the MACT standard for group I polymers and resins. 
This subpart does not separate compliance assurance measures from the 
standards in some instances. Several standards sections contain 
provisions that are considered delegable requirements. Since the 
paragraphs containing these delegable provisions are reasonably 
separable from the standards in the section, we have indicated in the 
delegation provisions that the requirements in paragraphs 
Secs. 63.483(d), 63.485(l), (t) and (v), 63.488(b)(5)(i)-(iii), 
63.500(a)(4)-(5), (c)-(e), and 63.502(g)-(i), (j), and (n) are not 
considered part of the standard and, thus, are authorities that may be 
delegated to S/L/T agencies.
    This subpart also does not currently contain delegation provisions. 
To clarify which authorities are delegable, we have added 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.507. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.480-63.481, 
63.483(a)-(c), 63.484, 63.485(a)-(k), (m)-(s), (u), 63.486-63.487, 
63.488(a), (b)(1)-(4), (5)(iv)-(v), (6)-(7), (c)-(i), 63.493-63.494, 
63.500(a)(1)-(3), (b), 63.501, and 63.502(a)-(f), (i), (k)-(m), and 
63.503, which contain applicability provisions, compliance dates, the 
emission standards, and the emissions averaging provisions for this 
subpart. In addition, this subpart requires that affected sources meet 
specific requirements that are contained in other subparts. In the 
implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
provisions of the referenced subparts. Where subpart U requires that 
affected sources meet specific requirements that are contained in other 
subparts, but makes certain changes to those provisions, we have 
clarified that those provisions should be changed accordingly and then 
delegated according to the delegation provisions of the referenced 
subpart. For example, subpart U references subpart G, Secs. 63.113-
63.116 but slightly changes these requirements. We clarify in this 
rulemaking that although subpart U changes these specific subpart G 
requirements for the purposes of subpart U, the delegation of these 
referenced

[[Page 2293]]

requirements follow the original delegation of subpart G.
14. Subpart W, National Emission Standards for Hazardous Air Pollutants 
for Epoxy Resins Production and Non-Nylon Polyamides Production
    Subpart W is the group II polymers and resins MACT for epoxy resins 
and non-nylon polyamide production. This subpart does not currently 
contain delegation provisions. To clarify which authorities are 
delegable, we have added ``Implementation and enforcement'' section for 
the delegation provisions in a new section, Sec. 63.529. This section, 
as proposed, indicates that delegation of authority to approve 
alternatives cannot be given to S/L/T agencies for the requirements in 
Secs. 63.520, 63.523 and 63.524, which contain the applicability 
provisions and the emissions standards for basic liquid and wet 
strength resins. In addition, this subpart requires provisions of 
another subpart, subpart H, to be followed. We have clarified that 
delegation of the requirements from the other subpart, subpart H, will 
occur according to the delegation provisions of the subpart that is 
referenced.
15. Subpart X, National Emissions Standards for Hazardous Air 
Pollutants From Secondary Lead Smelting
    Subpart X is the MACT standard for secondary lead smelting. We have 
restructured the work practices in Sec. 63.545 to give S/L/T agencies 
greater flexibility in approving alternatives that still meet the 
intent of the standard by adding a paragraph to explain that either the 
Administrator or delegated S/L/T authorities may approve alternatives 
to the fugitive dust reduction practices in Sec. 63.545(c).
    This subpart also does not currently contain delegation provisions. 
To clarify which authorities are delegated, we have added the 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.551. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.541, and 
63.543-63.545(a)-(e), which contain the applicability provisions and 
emissions standards for process sources, process fugitive sources, and 
fugitive dust sources.
16. Subpart Y, National Emission Standards for Marine Tank Vessel 
Loading Operations
    Subpart Y is the MACT standard for marine tank vessel loading 
operations. This subpart does not separate delegable requirements from 
non-delegable standards in some instances. Section 63.562, 
``Standards,'' contains requirements for an operation and maintenance 
plan in Sec. 63.562(e) and its associated recordkeeping and reporting 
provisions are contained in Sec. 63.562(d)(3), which are delegable 
authorities. We have removed the reporting and recordkeeping 
requirements from Sec. 63.562 by deleting paragraph Sec. 63.562(d)(3) 
and added those provisions to Sec. 63.567, ``Reporting and 
recordkeeping,'' by adding paragraph Sec. 63.567(l). Since paragraph 
(e) is reasonably separable from the other standards in Sec. 63.562, we 
have indicated in the implementation and enforcement provisions that 
the requirements in this paragraph are not considered part of the 
standard and, thus, are delegable.
    This subpart also does not currently contain delegation provisions. 
To clarify which authorities are delegated, we have added the 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.568. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.560 and 
63.562(a)-(d), which contain the applicability provisions and emission 
standards for this rule.
17. Subpart AA, National Emission Standards for Hazardous Air 
Pollutants From Phosphoric Acid Manufacturing Plants
    Subpart AA is the MACT standard for the phosphoric acid 
manufacturing industry. This subpart does not currently contain 
delegation provisions. To clarify which authorities are delegated, we 
have added the ``Implementation and enforcement'' section for the 
delegation provisions in a new section, Sec. 63.611. This section, as 
proposed, indicates that delegation of authority to approve 
alternatives cannot be given to S/L/T agencies for the requirements in 
Secs. 63.600, 63.602-63.604, and 63.609-63.610, which are the 
applicability provisions, the emission standards for existing and new 
sources and the operating requirements for wet scrubbing emission 
control systems, the compliance dates, and other requirements for this 
subpart.
18. Subpart BB, National Emission Standards for Hazardous Air 
Pollutants from Phosphate Fertilizers Production Plants
    Subpart BB is the MACT standard for phosphate fertilizers 
production. This subpart does not currently contain delegation 
provisions. To clarify which authorities are delegated, we have added 
the ``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.632. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.620, 
63.622-63.624, and 63.629-63.631, which contain the applicability 
provisions, the emissions standards for existing and new sources, the 
operating requirements for wet scrubbing emission control systems, and 
the compliance dates and other requirements for this subpart.
19. Subpart CC, National Emission Standards for Hazardous Air 
Pollutants from Petroleum Refineries
    Subpart CC is the MACT standard for petroleum refineries. This 
subpart does not separate delegable requirements from non-delegable 
standards in some instances. Section 63.642, ``General standards,'' 
contains recordkeeping, reporting, and other delegable requirements in 
paragraphs (a)-(f) and (m). Since these paragraphs are reasonably 
separable from the standards in the section, we have indicated that the 
requirements in these paragraphs are not considered part of the 
standard and, thus, are delegable.
    This subpart also does not currently contain delegation provisions. 
To clarify which authorities are delegated, we have added the 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.655. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/Ts for the requirements in Secs. 63.640, 63.642(a),
    (g)-(l), 63.643, 63.646-63.648, and 63.649-63.652, which contain 
applicability provisions, standards for applicability determinations, 
process vents, storage vessels, wastewater, equipment leaks, connectors 
in gas/vapor and light liquid service, gasoline loading racks, marine 
vessel tank loading operations, and emissions averaging provisions. In 
addition, this subpart requires that affected sources meet specific 
requirements that are contained in other subparts. In the 
implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
provisions of the referenced subparts. Where subpart CC requires that 
affected sources meet specific requirements that are contained in other 
subparts, but makes certain changes to those provisions, we have 
clarified that those provisions should be changed accordingly and then 
delegated according to the delegation provisions

[[Page 2294]]

of the referenced subpart. For example, subpart CC references subpart 
H, Sec. 63.1182(c) but slightly changes these requirements. We clarify 
in this rulemaking that although subpart CC changes these specific 
subpart H requirements for the purposes of subpart CC, the delegation 
of these referenced requirements follow the original delegation of 
subpart H.
20. Subpart DD, National Emission Standards for Hazardous Air 
Pollutants From Off-Site Waste and Recovery Operations
    Subpart DD is the MACT standard for offsite waste and recovery 
operations. This regulation is the primary subpart in a group of 
subparts that make up the off-site waste and recovery operations 
regulation. The subsequent subparts each regulate a group of emission 
points, which were written so that new rules for other MACT source 
categories can reference these subparts for some requirements. Since 
these subparts reference subpart DD for some authorities, it is 
important that subpart DD separates delegable requirements from the 
non-delegable standards and contains delegation provisions that 
delegate the appropriate authorities.
    Subpart DD does not separate delegable requirements from non-
delegable authorities in some instances. Section 63.684, ``Standards 
for off-site material treatment,'' contains monitoring requirements, 
and Sec. 63.693, ``Standards for closed-vent systems and control 
devices,'' contains monitoring and inspection requirements, which are 
delegable authorities. We have rephrased the language of 
Sec. 63.684(e)(1) to remove the monitoring and reporting requirements 
from that section. Those requirements were added to Sec. 63.695, 
``Inspection and monitoring requirements'' in Sec. 63.695(e), with an 
introductory paragraph to match the format of the section in 
Sec. 63.695(a)(4). The continuous monitoring requirements and visual 
inspection requirements in Sec. 63.693(b)(4)(i) and 
Sec. 63.693(c)(2)(ii) were also removed and placed in 
Sec. 63.695(c)(1)(ii)(C) and (D).
    To clarify which authorities can be delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.680, 63.684-63.691, and 
63.693, which contain applicability provisions and the standards for 
off-site material treatment, tanks, oil-water and organic-water 
separators, surface impoundments, containers, transfer systems, process 
vents, equipment leaks, closed-vent systems, and control devices. In 
addition, this rule requires that affected sources meet specific 
requirements that are contained in other subparts. In the 
implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
provisions of the subpart that is referenced.
21. Subpart EE, National Emission Standards for Magnetic Tape 
Manufacturing Operations
    Subpart EE is the MACT standard for the magnetic tape manufacturing 
industry. To clarify which authorities are delegated, we have replaced 
the existing delegation paragraph with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Sec. 63.701 and Sec. 63.703, which 
contain the applicability provisions and the emission standards for 
this rule.
22. Subpart GG, National Emission Standards for Aerospace Manufacturing 
and Rework Facilities
    Subpart GG is the MACT standard for aerospace manufacturing and 
rework facilities. We have restructured the work practices in 
Sec. 63.744 to give S/L/T agencies greater flexibility in approving 
alternatives that still meet the intent of the standard by adding a 
paragraph to explain that either the Administrator or delegated State, 
local, or tribal authorities may approve alternatives to the cleaning 
operations measures in Sec. 63.744(a).
    In addition, this subpart does not contain delegation provisions. 
To clarify which authorities are delegated, we have added the 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.759. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.741, 
63.743, 63.744(a)(1)-(3), 63.744(b)-(e), 63.745-63.748, and 63.749(a), 
which contain the applicability provisions, cleaning, primer and top-
coat application, depainting, chemical milling maskant application, and 
waste handling and storage standards, and the compliance dates for this 
rule.
23. Subpart HH, National Emission Standards for Hazardous Air 
Pollutants From Oil and Natural Gas Production Facilities
    Subpart HH is the MACT standard for oil and natural gas production 
facilities. This subpart does not separate delegable from non-delegable 
authorities in some instances. A standards section, Sec. 63.771, 
``Control equipment requirements,'' contains inspection and monitoring 
requirements, which are considered delegable requirements. We have 
removed the language for inspection and monitoring requirements from 
Sec. 63.771 and added it to Sec. 63.773, ``Inspection and monitoring 
requirements,'' in Sec. 63.773(c)(2)(iv).
    To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.760, 63.765-63.766, 63.769, 
and 63.771, which contain the applicability provisions and the emission 
standards for glycol dehydration unit process vents, storage vessels, 
equipment leaks, and control equipment requirements. We did not reserve 
Sec. 63.764, ``General Standards,'' which does not contain actual 
standards, but provides a guide to the applicable requirements in other 
sections of the subpart.
    This subpart also contains a section, Sec. 63.777, which describes 
procedures that should be followed to obtain approval of an alternative 
means of emission limitation. To retain the intent of the original 
language of Sec. 63.777, the delegation provisions also reserve that 
section for procedures to follow in requesting an alternative means of 
emission limitation.
24. Subpart II, National Emission Standards for Shipbuilding and Ship 
Repair (Surface Coating)
    Subpart II is the MACT standard for shipbuilding and ship repair. 
This subpart currently does not have a delegation section. To clarify 
which authorities are delegated, we have added the ``Implementation and 
enforcement'' section for the delegation provisions in a new section, 
Sec. 63.789. This section, as proposed, indicates that delegation of 
authority to approve alternatives cannot be given to S/L/T agencies for 
the requirements in Secs. 63.780-63.781 and 63.783-63.784, which 
contain the applicability provisions, emission standards, and 
compliance dates for this rule.

[[Page 2295]]

25. Subpart JJ, National Emission Standards for Wood Furniture 
Manufacturing Operations
    Subpart JJ is the MACT standard for wood furniture manufacturing. 
This subpart does not separate delegable requirements from the 
standards in some instances. Section 63.803, ``Work practice 
standards,'' contains requirements for an inspection and maintenance 
plan in Sec. 63.803(c)(1)-(4), which should be delegable. Because these 
paragraphs are reasonably separable from the other standards in the 
section, we have indicated that the requirements of those paragraphs 
are not considered part of the standard and, thus, are delegable. 
However, we renumbered the paragraphs in that section so the 
introductory paragraph of (c) is now (c)(1), and the subsequent 
paragraphs were renumbered as (c)(2)-(5) to accommodate that change.
    To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.802 and 63.803(a)-(b), 
(c)(1), and (d)-(l), which contain the standards for this rule. This 
section also shows that delegation of authority to approve alternatives 
cannot be given to S/L/T agencies for the applicability provisions in 
Sec. 63.800. To retain the intent of the original delegation provisions 
in Sec. 63.808, the revised delegation section also reserves the 
monitoring and compliance assurance measures and test methods in 
Secs. 63.804(f)(4)(iv)(D) and (E), 63.804(g)(4)(iii)(C), 
63.804(g)(4)(vi), 63.804(g)(6)(vi), 63.805(a), 63.805(d)(2)(v), and 
63.805(e)(1).
26. Subpart KK, National Emission Standards for the Printing and 
Publishing Industry
    Subpart KK is the MACT standard for the printing and publishing 
industry. To clarify which authorities are delegated, we have replaced 
the existing delegation provisions' language with the ``Implementation 
and enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.820-63.821 and 63.824-
63.826. These sections contain applicability provisions, compliance 
dates, standards for publication rotogravure printing and product and 
packaging rotogravure, and wide-web flexographic printing. We are not 
reserving Sec. 63.823, which only indicates which general provisions 
requirements apply to subpart KK. As part of the implementation and 
enforcement language, we clarify that the authority to approve major 
alternatives to test methods is not delegated. In addition, to retain 
the intent of the original delegation paragraph language of 
Sec. 63.831, the revised delegation provisions also clarify that the 
authority is not given to approve any alternatives to the test methods 
specified in Sec. 63.827(b) and (c).
27. Subpart LL, National Emission Standards for Hazardous Air 
Pollutants for Primary Aluminum Reduction Plants
    Subpart LL is the MACT standard for primary aluminum production 
plants. This subpart does not separate the delegable requirements from 
non-delegable authorities in some instances. Section 63.845, 
``Incorporation of new source performance standards for potroom 
groups,'' contains requirements for applicability determinations, 
reporting requirements, and criteria to use to determine emissions 
quantities, which are not considered standards for this regulation. 
Since these measures are in paragraphs reasonably separable from the 
standards in the section, we have indicated that paragraphs 
Sec. 63.845(a) and (f)-(g) are not considered part of the standard and 
are, thus, delegable.
    To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section now shows that delegation of 
authority to approve alternatives cannot be given to S/L/T agencies for 
the requirements in Secs. 63.840, 63.843-63.844, 63.845(b)-(e), (h)-
(i), and 63.846 which contain the applicability provisions, emission 
standards for existing and new or reconstructed sources, standards for 
incorporation of new source performance standards for potroom groups, 
and emissions averaging provisions.
28. Subpart OO, National Emission Standards for Tanks--Level 1
    Subpart OO is the MACT national emission standard for level 1 
tanks. This regulation is one subpart in a group of subparts that make 
up the off-site waste and recovery operations regulation, where each 
subpart regulates a specific group of emission points. These unit-
specific subparts were written so that new rules for other MACT source 
categories can reference these subparts for some requirements. 
Therefore, it is important for each of these subparts to contain 
delegation provisions specific to the requirements of that subpart. 
Since this subpart does not contain delegation provisions, we have 
added the ``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.908. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.900 and 
63.902, which contain the applicability provisions and emissions 
standards for tanks with fixed roofs.
29. Subpart PP, National Emission Standards for Containers
    Subpart PP is the MACT national emission standard for containers. 
This regulation is one subpart in a group of subparts that make up the 
off-site waste and recovery operations regulation, where each subpart 
regulates a specific group of emission points. As explained above, it 
is important for each of these subparts to have delegation provisions 
specific to the requirements of that subpart. Since this subpart does 
not contain delegation provisions, we have added the ``Implementation 
and enforcement'' section for the delegation provisions in a new 
section, Sec. 63.929. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.920 and 63.922-63.924, 
which contain the applicability provisions and container level 1, 2, 
and 3 control standards.
    In addition, this subpart requires that affected sources meet 
specific requirements that are contained in other subparts. In the 
implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
paragraph of the subpart that is referenced.
30. Subpart QQ, National Emission Standards for Surface Impoundments
    Subpart QQ is the MACT national emission standard for surface 
impoundments. This regulation is one subpart in a group of subparts 
that make up the off-site waste and recovery operations regulation, 
where each subpart regulates a specific group of emission points. As 
explained above, it is important for each of these subparts to have 
delegation provisions specific to the requirements of that subpart. 
Since this subpart does not contain delegation provisions, we have 
added the ``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.949. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.940, and 
63.942-

[[Page 2296]]

63.943, which contain the applicability provisions and emission 
standards for surface impoundments vented to control devices and for 
those with floating membrane covers. In addition, this rule requires 
provisions of subpart DD to be followed. In the implementation and 
enforcement language, we have clarified that delegation of those 
requirements will occur according to the delegation paragraph of 
subpart DD.
31. Subpart RR, National Emission Standards for Individual Drain 
Systems
    Subpart RR is the MACT national emission standard for individual 
drain systems. This regulation is one subpart in a group of subparts 
that make up the off-site waste and recovery operations regulation, 
where each subpart regulates a specific group of emission points. As 
explained above, it is important for each of these subparts to have 
delegation provisions specific to the requirements of that subpart. 
Since this subpart does not have a delegation section, we have added 
the ``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.967. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.960 and 
63.962, which contain the applicability provisions and emissions 
standards for this subpart. In addition, this subpart requires 
provisions of subpart DD to be followed. In the ``Implementation and 
enforcement'' section, we have clarified that delegation of those 
requirements will occur according to the delegation provisions of 
subpart DD.
32. Subpart VV, National Emission Standards for Oil-Water Separators 
and Organic-Water Separators
    Subpart VV is the MACT national emission standard for oil-water and 
organic-water separators. This regulation is one subpart in a group of 
subparts that make up the off-site waste and recovery operations 
regulation, where each subpart regulates a specific group of emission 
points. As explained above, it is important for each of these subparts 
to have delegation provisions specific to the requirements of that 
subpart. Since, this subpart does not have a delegation section, we 
have added the ``Implementation and enforcement'' section for the 
delegation provisions in a new section, Sec. 63.1050. This section, as 
proposed, indicates that delegation of authority to approve 
alternatives cannot be given to S/L/T agencies for the requirements in 
Secs. 63.1040 and 63.1042-63.1044, which contain the applicability 
provisions, the emissions standards for separators with fixed and 
floating roofs, and those vented to a control device. In addition, this 
subpart requires provisions of subpart DD to be followed. In the 
implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
provisions of subpart DD.
33. Subpart CCC, National Emission Standards for Hazardous Air 
Pollutants for Steel Pickling--HCl Process Facilities and Hydrochloric 
Acid Regeneration Plants
    Subpart CCC is the MACT standard for steel pickling--HCl process 
facilities and hydrochloric acid regeneration plants. To clarify which 
authorities are delegated, we have replaced the existing delegation 
provisions' language with the ``Implementation and enforcement'' 
section. This section, as proposed, indicates that delegation of 
authority to approve alternatives cannot be given to S/L/T agencies for 
the requirements in Secs. 63.1155 and 63.1157-1159, which contain the 
applicability provisions and the emissions, operational, and equipment 
standards for existing, new, and reconstructed sources.
    To retain the intent of the original delegation paragraph language, 
the revised delegation provisions reserve approval of alternative 
measurement methods for HCl and Cl2 to those specified in 
Sec. 63.1161(d)(1), reserve approval of alternative monitoring 
requirements to those specified in Secs. 63.1162(a)(2)-(5) and 
63.1162(b)(1)-(3), reserve the authority to grant a waiver of 
recordkeeping requirements specified in Sec. 63.1165, and expressly 
delegate approval of an alternative schedule for conducting performance 
tests to the requirement specified in Sec. 63.1162(a)(1).
34. Subpart DDD, National Emission Standards for Hazardous Air 
Pollutants for Mineral Wool Production
    Subpart DDD is the MACT standard for mineral wool production. This 
subpart does not currently contain delegation provisions. To clarify 
which authorities are delegated, we have replaced the existing 
delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.1177-63.1179, which contain 
the applicability provisions and the emission standards for cupolas and 
curing ovens.
35. Subpart EEE, National Emission Standards for Hazardous Air 
Pollutants From Hazardous Waste Combustors
    Subpart EEE is the MACT standard for hazardous waste combustors. 
This subpart does not currently have a delegation section. To clarify 
which authorities are delegated, we have added the ``Implementation and 
enforcement'' section for the delegation provisions in a new section, 
Sec. 63.1214. The delegation provisions show that delegation of 
authority to approve alternatives cannot be given to S/L/T agencies for 
the requirements in Secs. 63.1200 and 63.1203-63.1205, which contain 
the applicability provisions and emission standards for this subpart.
36. Subpart GGG, National Emission Standards for Pharmaceuticals 
Production
    To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.1250 and 63.1252-63.1256, 
which contain the applicability provisions and emission standards for 
this subpart. In addition, this subpart requires that affected sources 
meet specific requirements that are contained in other subparts. In the 
implementation and enforcement language, we have clarified that 
delegation of those requirements will occur according to the delegation 
provisions of the referenced subparts.
37. Subpart HHH, National Emission Standards for Hazardous Air 
Pollutants From Natural Gas Transmission and Storage Facilities
    Subpart HHH is the MACT standard for natural gas transmission and 
storage. This subpart does not separate delegable from non-delegable 
authorities in some instances. The standards section, Sec. 63.1281, 
``Control equipment requirements,'' contains inspection and monitoring 
requirements, which are considered delegable requirements. To separate 
these delegable requirements from non-delegable authorities in that 
section, we have removed the language for inspection and monitoring 
requirements from Sec. 63.1281 and added it to Sec. 63.1283, 
``Inspection and monitoring requirements,'' in paragraph (c)(2)(iii).
    To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed,

[[Page 2297]]

indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.1270, 
63.1275, and 63.1281, which contain applicability provisions, glycol 
dehydration unit process vent standards, and control equipment 
requirements.
    In addition, subpart HHH contains a section, Sec. 63.1287, which 
describes procedures that should be followed for approval of an 
alternative means of emission limitation. To retain the intent of the 
original language of Sec. 63.1287, the delegation provisions also 
reserve that section.
38. Subpart III, National Emission Standards for Hazardous Air 
Pollutants for Flexible Polyurethane Foam Production
    Subpart III is the MACT standard for flexible polyurethane foam 
production. To clarify which authorities are delegated, we have 
replaced the existing delegation provisions' language with the 
``Implementation and enforcement'' section. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.1920 and 
63.1293-63.1301, and 63.1305(d) which contain the applicability 
provisions, emission standards for this rule, and provisions for 
approval of an alternative means of emission limitation.
39. Subpart JJJ, National Emission Standards for Hazardous Air 
Pollutant Emissions: Group IV Polymers and Resins
    Subpart JJJ is the MACT standard for Group IV polymers and resins. 
This subpart currently does not contain delegation provisions. To 
clarify which authorities are delegated, we have added the 
``Implementation and enforcement'' section for the delegation 
provisions in a new section, Sec. 63.1336. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.1310-
63.1311, 63.1313-63.1316, 63.1321-63.1323, and 63.1328-63.1332, which 
contain the applicability provisions, compliance dates, the emissions 
standards, and the emissions averaging provisions for this subpart.
    This subpart also requires that provisions of another subpart be 
followed, with slight changes. In the implementation and enforcement 
delegation provisions language, we have clarified that those 
requirements should be changed as directed, and then delegation of 
those requirements will occur according to the delegation provisions of 
the subpart that is referenced. For example, subpart JJJ references 
subpart H, Secs. 63.182(a)(2) and 63.182(c) but slightly changes these 
requirements. We clarify in this rulemaking that although subpart JJJ 
changes these specific subpart H requirements for the purposes of 
subpart JJJ, the delegation of these referenced requirements follow the 
original delegation of subpart H.
40. Subpart LLL, National Emission Standards for Hazardous Air 
Pollutants From the Portland Cement Manufacturing Industry
    Subpart LLL is the MACT standard for portland cement production. To 
clarify which authorities are delegated, we have replaced the existing 
delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.1340, and 63.1343-63.1348, 
which contain the applicability provisions, emission standards and 
operating limits for kiln and in-line kiln/raw mills, and the standards 
for clinker coolers, new and reconstructed raw material dryers, raw and 
finish mills, and other sources.
41. Subpart MMM, National Emission Standards for Hazardous Air 
Pollutants for Pesticide Active Ingredient Production
    Subpart MMM is the MACT standard for pesticide active ingredient 
production. This subpart does not separate delegable requirements from 
the non-delegable standards in some instances. Section 63.1362, 
``Standards,'' contains delegable monitoring requirements for closed 
vent systems in Sec. 63.1362(j). We have restructured this section to 
remove the specific monitoring requirements and placed them in 
Sec. 63.1366, ``Monitoring and inspection requirements,'' in paragraphs 
Sec. 63.1366(b)(1)(xiii)(B) and (C).
    To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.1360 and 63.1362-63.1363, 
which contain the applicability provisions, emission standards, and 
standards for equipment leaks. This rule also requires that provisions 
of another subpart be followed, with slight changes. In the 
``Implementation and enforcement'' section, we have clarified that 
those requirements should be changed as directed, and then delegation 
of those requirements will occur according to the delegation provisions 
of the subpart that is referenced.
42. Subpart NNN, National Emission Standards for Hazardous Air 
Pollutants for Wool Fiberglass Manufacturing
    Subpart NNN is the MACT standard for wool fiberglass manufacturing. 
This subpart does not have a delegation paragraph. To clarify which 
authorities are delegated, we have added the ``Implementation and 
enforcement'' section for the delegation provision in a new section, 
Sec. 63.1388. This section, as proposed, indicates that delegation of 
authority to approve alternatives cannot be given to S/L/T agencies for 
the requirements in Secs. 63.1380 and 63.1382, which contain the 
applicability provisions and the emissions standards for this subpart.
43. Subpart OOO, National Emission Standards for Hazardous Air 
Pollutants for Amino/Phenolic Resins Production
    Subpart OOO is the MACT standard for Group III polymers and resins: 
amino and phenolic resins. To clarify which authorities are delegated, 
we have replaced the existing delegation provisions' language with the 
``Implementation and enforcement'' section. This section, as proposed, 
indicates that delegation of authority to approve alternatives cannot 
be given to S/L/T agencies for the requirements in Secs. 63.1400 and 
63.1404-63.1410, which contain the applicability provisions and the 
emission standards for process vents, storage vessels, heat exchangers, 
and equipment leaks. In addition, this rule requires that affected 
sources meet specific requirements that are contained in other 
subparts. In the implementation and enforcement language, we have 
clarified that delegation of those requirements will occur according to 
the delegation provisions of the referenced subparts. Where subpart OOO 
requires that affected sources meet specific requirements that are 
contained in other subparts, but makes certain changes to those 
provisions, we have clarified that those provisions should be changed 
accordingly and then delegated according to the delegation provisions 
of the referenced subpart.
44. Subpart PPP, National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyether Polyols Production
    Subpart PPP is the MACT standard for polyether polyols production. 
To clarify which authorities are delegated, we have replaced the 
existing delegation

[[Page 2298]]

provisions' language with the ``Implementation and enforcement'' 
section. This section, as proposed, indicates that delegation of 
authority to approve alternatives cannot be given to S/L/T agencies for 
the requirements in Secs. 63.1420, 63.1422, 63.1424-63.1428 and 
63.1432-63.1436, which contain the applicability provisions, compliance 
dates, and emission standards for this subpart. In addition, this rule 
requires that affected sources meet specific requirements that are 
contained in other subparts. In the implementation and enforcement 
language, we have clarified that delegation of those requirements will 
occur according to the delegation provisions of the referenced 
subparts. Where subpart PPP requires that affected sources meet 
specific requirements that are contained in other subparts, but makes 
certain changes to those provisions, we have clarified that those 
provisions should be modified accordingly and then delegated according 
to the delegation provisions of the referenced subpart.
45. Subpart RRR, National Emission Standards for Secondary Aluminum 
Production
    Subpart RRR is the MACT standard for secondary aluminum production. 
To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.1500 and 63.1505-63.1506, 
which contain the applicability provisions and the emission standards 
and operating requirements for this subpart.
46. Subpart TTT, National Emission Standards for Hazardous Air 
Pollutants for Primary Lead Smelting
    Subpart TTT is the MACT standard for primary lead smelting. This 
subpart does not separate the delegable from the non-delegable 
authorities in some instances. Section 63.1543, ``Standards for process 
and process fugitive sources,'' contains compliance testing 
requirements in paragraphs (d)-(e), which are considered delegable 
requirements. Since these paragraphs are reasonably separable from the 
other standards in the section, we have indicated that the requirements 
in paragraphs (d)-(e) are not considered part of the standard and, 
thus, are delegable.
    To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.1541, 63.1543(a)-(c), (f)-
(g), and 63.1544, which contain the applicability provisions and 
emission standards for process and process fugitive sources, and 
fugitive dust sources.
47. Subpart VVV, National Emission Standards for Hazardous Air 
Pollutants: Publicly Owned Treatment Works
    Subpart VVV is the MACT standard for publicly owned treatment 
works. To clarify which authorities are delegated, we have replaced the 
existing delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.1580, 63.1583, and 63.1586, 
which contain the applicability provisions and the emissions and 
control standards for industrial and non-industrial publicly owned 
treatment works.
48. Subpart XXX, National Emission Standards for Hazardous Air 
Pollutants for Ferroalloys Production: Ferromanganese and 
Silicomanganese
    Subpart XXX is the MACT standard for ferroalloys production. To 
clarify which authorities are delegated, we have replaced the existing 
delegation provisions' language with the ``Implementation and 
enforcement'' section. This section, as proposed, indicates that 
delegation of authority to approve alternatives cannot be given to S/L/
T agencies for the requirements in Secs. 63.1650 and 63.1652-63.1654, 
which contain the applicability provisions, the opacity and non-opacity 
emission standards, and the operational and work practice standards for 
this rule.

III. Administrative Requirements

A. Docket

    The docket for this regulatory action is docket number A-2000-57. 
The principal purposes of the docket are:
    (1) To allow interested parties a means to identify and locate 
documents so that they can effectively participate in the rulemaking 
process; and (2) to serve as the record in case of judicial review 
(except for interagency review materials) (Section 307(d)(7)(A) of the 
Act). The docket is available for public inspection at the EPA's Air 
and Radiation Docket and Information Center, the location of which is 
given in the ADDRESSES section of this rule.

B. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) on the basis of the requirements of the Executive Order, in 
addition to its normal review requirements. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, Local, or Tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    These proposed rule changes will not have an annual effect on the 
economy of $100 million or more, and therefore are not considered 
economically significant. In addition, we have determined that this 
rule is not a ``significant regulatory action'' because it does not 
contain novel policy issues.

C. Executive Order 13132--Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and Local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and

[[Page 2299]]

Local governments or EPA consults with State and Local officials early 
in the process of developing the proposed regulation. The EPA also may 
not issue a regulation that has federalism implications and that 
preempts State law, unless the Agency consults with State and Local 
officials early in the process of developing the proposed regulation.
    The proposed changes in today's rulemaking do not have federalism 
implications. They will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
because this proposed rule only clarifies which portions of the 
existing NESHAP contain authorities that can be delegated to State, 
Local, and Tribal (S/L/T) governments and does not create any new 
requirements for S/L/Ts. In other words, this rulemaking only makes 
insignificant clarifications to existing NESHAP and is not expected to 
have any additional impact on the relationship between S/L/Ts and the 
Federal government. Thus, the requirements of section 6 of the 
Executive Order do not apply to today's rulemaking. Nevertheless, EPA 
will consider comments from S/L/T agencies to enable them to provide 
meaningful and timely input in the development of the final changes.

D. Executive Order 13175--Consultation with Tribal Governments

    On November 6, 2000, the President issued Executive Order 13175 (65 
CFR 67249) entitled, ``Consultation and Coordination with Indian Tribal 
Governments.'' Executive Order 13175 took effect on January 6, 2001, 
and revokes Executive Order 13084 (Tribal Consultation) as of that 
date. However, the rules that we propose to amend were developed during 
the period when Executive Order 13084 was in effect; thus, EPA 
addressed tribal considerations under Executive Order 13084. The EPA 
will analyze and fully comply with the requirements of Executive Order 
13175 before promulgating the final rule.
    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    The proposed changes in today's rulemaking do not significantly or 
uniquely affect the communities of Indian tribal governments. Because 
they implement a voluntary program, they impose no direct compliance 
costs on these communities. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply.

E. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
The proposed changes are being made to rules that already have approved 
information collection requirements and valid OMB control numbers as 
required by the Paperwork Reduction Act. The proposed changes in 
today's rulemaking are clarifications to the relationship between EPA 
and the S/L/T agencies that have chosen to implement and enforce the 
rules. Therefore, there is no change in the burden that the rules 
impose on sources or S/L/Ts.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purpose of collecting, validating, and 
verifying information; process and maintain information and disclose 
and provide information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
respond to a collection of information; search existing data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

F. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    We believe that there will be little or no impact on small entities 
as a result of these rule revisions. State, Local, and Tribal 
governments are the only entities affected by this action and we expect 
that most or all of the governments which would have the authority to 
accept delegation under section 112(l) of the Act are those whose 
populations exceed 50,000 persons and are thus, not considered 
``small.'' In the case of Tribal jurisdictions where population will 
not exceed 50,000 persons, we still believe that there will be little 
or no impact as a result of these revisions because none currently have 
air toxics programs. Furthermore, these rule revisions add flexibility 
and clarity to the existing NESHAP that these governments may choose to 
implement and enforce and, therefore, eases rather than imposes 
burdens. Accordingly, because few or none of the affected entities are 
expected to be small entities and because the regulatory impacts will 
be insignificant, I hereby certify that this rule will not have a 
significant economic impact on a substantial number of small entities.

G. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on S/L/T governments and the 
private sector. Under section 202 of the UMRA, we generally must 
prepare a written statement, including a cost-benefit analysis, for 
proposed and final rules with ``Federal mandates'' that may result in 
expenditures to S/L/T governments, in the aggregate, or to the private 
sector of $100 million or more in any 1 year. Before promulgating an 
EPA rule for which a written statement is needed, section 205 of the 
UMRA generally requires us to identify and

[[Page 2300]]

consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows us to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if EPA 
publishes with the final rule an explanation why that alternative was 
not adopted. Before we establish any regulatory requirements that may 
significantly or uniquely affect small governments, including Tribal 
governments, we must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The proposed rule changes contain no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for S/L/T governments or 
the private sector. Because the rule is estimated to result in the 
expenditure by S/L/T governments of significantly less than $100 
million in any 1 year, we have not prepared a budgetary impact 
statement or specifically addressed the selection of the least costly, 
most effective, or least burdensome alternative. Because small 
governments will not be significantly or uniquely affected by this 
rule, we are not required to develop a plan with regard to small 
governments. Moreover, this action clarifies the relationship between 
EPA and the S/L/T agencies who have voluntarily requested delegation of 
the part 63 NESHAP, so it does not impose any mandates on those 
entities. Therefore, the requirements of the Unfunded Mandates Reform 
Act do not apply to this action.

H. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 applies to any rule that EPA determines (1) 
is economically significant as defined under Executive Order 12866, and 
(2) the environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonable alternatives considered by the Agency.
    These proposed changes are not subject to Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997), because they are not an 
economically significant regulatory action as defined by Executive 
Order 12866, and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law 104-113) (15 U.S.C. 272 note) directs 
EPA to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to the Office of Management and Budget 
(OMB), with explanations when an agency does not use available and 
applicable voluntary consensus standards.
    The proposed changes do not affect selection of technical standards 
that are contained in the existing subparts. Therefore, we are not 
considering the use of any voluntary consensus standards.

J. Executive Order 13211--Energy Effects

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 19, 2001.
Christine Todd Whitman,
Administrator.
    For the reasons set out in the preamble, title 40, chapter 1 of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 63--[AMENDED]

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

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

Subpart F--[Amended]

    2. Section 63.106 is revised to read as follows:


Sec. 63.106  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Secs. 63.100, 
63.102, and 63.104. Where these standards reference another subpart, 
the cited provisions will be delegated according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart G--[Amended]

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

[[Page 2301]]

Sec. 63.153  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.110, 
63.112 and 63.113, 63.119, 63.126, 63.132 through 63.140, 63.148-
63.149, and 63.150(i)(1) through (4). Follow the requirements in 
Sec. 63.121 to request permission to use an alternative means of 
emission limitation for storage vessels. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart. Where 
these standards reference another subpart and modify the requirements, 
the requirements shall be modified as described in this subpart. 
Delegation of the modified requirements will also occur according to 
the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart H--[Amended]

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


Sec. 63.183  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.160, 
63.162-63.176, 63.178-63.179. Follow the applicable procedures of 
Sec. 63.177 to request an alternative means of emission limitation for 
batch processes and enclosed-vented process units. Where these 
standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart. Where these standards reference another subpart and modify the 
requirements, the requirements shall be modified as described in this 
subpart. Delegation of the modified requirements will also occur 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart I--[Amended]

    5. Section 63.193 is revised to read as follows:


Sec. 63.193  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart e of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.190 
and 63.192(a) and (b), (e), and (h) through (j). Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart L--[Amended]

    6. Section 63.309 is amended by revising (a)(5)(i) to read as 
follows:


Sec. 63.309  Performance tests and procedures.

    (a) * * *
    (5)(i) The EPA shall be the enforcement agency during any period of 
time that a delegation of enforcement authority is not in effect or a 
withdrawal of enforcement authority under Sec. 63.313 is in effect, and 
the Administrator is responsible for performing the inspections 
required by this section, pursuant to Sec. 63.313(c).
* * * * *
    7. Section 63.313 is revised to read as follows:


Sec. 63.313  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this

[[Page 2302]]

subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart e of this 
part, the authorities contained in paragraph (d) of this section are 
retained by the Administrator and cannot be transferred to the State, 
local, or tribal agency.
    (c) Withdrawal of authority. (1) Whenever the Administrator learns 
that a delegated agency has not fully carried out the inspections and 
performance tests required under Sec. 63.309 for each applicable 
emission point of each battery each day, the Administrator shall 
immediately notify the agency. Unless the delegated agency demonstrates 
to the Administrator's satisfaction within 15 days of notification that 
the agency is consistently carrying out the inspections and performance 
tests required under Sec. 63.309 in the manner specified in the 
preceding sentence, the Administrator shall notify the coke oven 
battery owner or operator that inspections and performance tests shall 
be carried out according to Sec. 63.309(a)(5). When the Administrator 
determines that the delegated agency is prepared to consistently 
perform all the required inspections and performance tests each day, 
the Administrator shall give the coke oven battery owner or operator at 
least 15 days notice that implementation will revert to the previously 
delegated agency.
    (2) In addition to the provisions in paragraph (c)(1) of this 
section, the Administrator may also withdraw delegation of authority 
pursuant to the provisions of Sec. 63.96 of subpart E of this part.
    (d) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (d)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.300 
and 63.302 through 63.308.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of any changes to section 2 of Method 303 in appendix 
A of this part.
    (4) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart M--[Amended]

    8. Section 63.326 is added to Subpart M to read as follows:


Sec. 63.326  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart e of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.320 
and 63.322(a) through (j). Follow the requirements in Sec. 63.325 to 
demonstrate that alternative equipment or procedures are equivalent to 
the requirements of Sec. 63.322.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart N--[Amended]

    9. Section 63.342 is amended:
    a. By revising paragraph (f) introductory text.
    b. Revising paragraph (f)(3)(i) introductory text.
    c. Revising paragraphs (f)(3)(i)(B) and (C).
    d. Revising the headings for Table 1 and its columns.
    The revisions read as follows:


Sec. 63.342  Standards.

* * * * *
    (f) Operation and maintenance practices. All owners or operators 
subject to the standards in paragraphs (c) and (d) of this section are 
subject to these operation and maintenance practices.
* * * * *
    (3) Operation and maintenance plan. (i) The owner or operator of an 
affected source subject to paragraph (f) of this section shall prepare 
an operation and maintenance plan to be implemented no later than the 
compliance date, except for hard chromium electroplaters and the 
chromium anodizing operations in California which have until January 
25, 1998. The plan shall be incorporated by reference into the source's 
title V permit, if and when a title V permit is required. The plan 
shall include the following elements:
* * * * *
    (B) For sources using an add-on control device or monitoring 
equipment to comply with this subpart, the plan shall incorporate the 
operation and maintenance practices for that device or monitoring 
equipment, as identified in Table 1 of this section, if the specific 
equipment used is identified in Table 1 of this section;
    (C) If the specific equipment used is not identified in Table 1 of 
this section, the plan shall incorporate proposed operation and 
maintenance practices. These proposed operation and maintenance 
practices shall be submitted for approval as part of the submittal 
required under Sec. 63.343(d);
* * * * *

Table 1 to Sec.  63.342.--Summary of Operation and Maintenance Practices
------------------------------------------------------------------------
                                                 Operation
                                                    and
               Control technique                maintenance   Frequency
                                                 practices
------------------------------------------------------------------------

                  *        *        *        *        *
------------------------------------------------------------------------

    10. Section 63.343 is amended by revising paragraph (d) to read as 
follows:


Sec. 63.343  Compliance provisions.

* * * * *
    (d) An owner or operator who uses an air pollution control device 
not listed in this section shall submit a description of the device, 
test results collected in accordance with Sec. 63.344(c) verifying the 
performance of the device for reducing chromium emissions to the 
atmosphere to the level required by this subpart, a copy of the 
operation and maintenance plan referenced in Sec. 63.342(f) including 
operation and maintenance practices, and appropriate operating 
parameters that will be monitored to establish continuous

[[Page 2303]]

compliance with the standards. The monitoring plan submitted 
identifying the continuous compliance monitoring is subject to the 
Administrator's approval.
    11. Section 63.348 is added to Subpart N to read as follows:


Sec. 63.348  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.340 
and 63.342(a) through (e) and (g).
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart O--[Amended]

    12. Section 63.368 is added to Subpart O to read as follows:


Sec. 63.368  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.360 
and 63.362.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart Q--[Amended]

    13. Section 63.407 is added to Subpart Q to read as follows:


Sec. 63.407  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.400 
and 63.402-63.403.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart R--[Amended]

    14. Section 63.429 is revised to read as follows:


Sec. 63.429  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or Tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or Tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.420 
and 63.422 through 63.424. Any owner or operator requesting to use an 
alternative means of emission limitation for storage vessels covered by 
Sec. 63.423 must follow the procedures in Sec. 63.426.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart, and any alternatives to Sec. 63.427(a)(1) through (4) per 
Sec. 63.427(a)(5).
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart S--[Amended]

    15. Section 63.450 is amended by revising paragraph (d)(1) to read 
as follows:


Sec. 63.450  Standards for enclosures and closed-vent systems.

* * * * *

[[Page 2304]]

    (d) * * *
    (1) On each bypass line, the owner or operator shall install, 
calibrate, maintain, and operate according to the manufacturer's 
specifications a flow indicator that is capable of taking periodic 
readings as frequently as specified in Sec. 63.454(e). The flow 
indicator shall be installed in the bypass line in such a way as to 
indicate flow in the bypass line; or
* * * * *
    16. Section 63.454 is amended by revising paragraph (e) to read as 
follows:


Sec. 63.454  Recordkeeping requirements.

* * * * *
    (e) The owner or operator shall set the flow indicator on each 
bypass line specified in Sec. 63.450(d)(1) to provide a record of the 
presence of gas stream flow in the bypass line at least once every 15 
minutes.
* * * * *
    17. Section 63.458 is revised to read as follows:


Sec. 63.458  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.440, 
63.443 through 63.447 and 63.450. Where these standards reference 
another subpart, the cited provisions will be delegated according to 
the delegation provisions of the referenced subpart.
    (2) Approval of alternatives to using Secs. 63.457(b)(5)(iii), 
63.457(c)(3)(ii) and (iii), and 63.257(c)(5)(ii), and any major 
alternatives to test methods under Sec. 63.7(e)(2)(ii) and (f), as 
defined in Sec. 63.90, and as required in this subpart.
    (3) Approval of alternatives using Sec. 64.453(m) and any major 
alternatives to monitoring under Sec. 63.8(f), as defined in 
Sec. 63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart T--[Amended]

    18. Section 63.460 is amended by removing and reserving paragraph 
(f).
    19. Section 63.462 is amended by adding paragraph (e) to read as 
follows:


Sec. 63.462  Batch cold cleaning machine standards.

* * * * *
    (e) Each owner or operator subject to the requirements of paragraph 
(c)(1) through (8) of this section may request to use measures other 
than those described in these paragraphs. The owner or operator must 
demonstrate to the Administrator (or delegated State, local, or Tribal 
authority) that the alternative measures will result in equivalent or 
better emissions control compared to the measures described in 
paragraphs (c)(1) through (8) of this section. For example, storing 
solvent and solvent-laden materials in an enclosed area that is 
ventilated to a solvent recovery or destruction device may be 
considered an acceptable alternative.
    20. Section 63.463 is amended by revising paragraph (e)(2)(ix)(B) 
to read as follows:


Sec. 63.463  Batch vapor and in-line cleaning machine standards.

* * * * *
    (e) * * *
    (2) * * *
    (ix) * * *
    (B) Conduct the weekly monitoring required by Sec. 63.466(a)(3). 
Record the results required by Sec. 63.467(a)(6).
* * * * *
    21. Section 63.467 is amended by revising paragraph (a)(6) to read 
as follows:


Sec. 63.467  Recordkeeping requirements.

    (a) * * *
    (6) If a squeegee system is used to comply with these standards, 
records of the test required by Sec. 63.466(f) to determine the maximum 
product throughput for the squeegees and records of both the weekly 
monitoring required by Sec. 63.466(a)(3) for visual inspection and the 
length of continuous web product cleaned during the previous week.
* * * * *
    22. Section 63.470 is added to Subpart T to read as follows:


Sec. 63.470  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.460, 
63.462(a) through (d), and 63.463 and 63.464. Use the procedures in 
Sec. 63.469 to request the use of alternative equipment or procedures, 
and use the procedures in Sec. 63.463(d)(9) to request alternative 
maintenance practices.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart U--[Amended]

    23. Section 63.507 is added to Subpart U to read as follows:


Sec. 63.507  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to

[[Page 2305]]

a State, local, or tribal agency under subpart E of this part, the 
authorities contained in paragraph (c) of this section are retained by 
the Administrator of U.S. EPA and cannot be transferred to the State, 
local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.480 
and 63.481, 63.483(a) through (c), 63.484, 63.485(a) through (k), (m) 
through (s),(u), 63.486 and 63.487, 63.488(a), (b)(1) through (4), 
(b)(5)(iv) and (v), (b)(6) and (7), (c) through (i), 63.493 and 63.494, 
63.500(a)(1) through (3), (b), 63.501, 63.502(a) through (f), (i), (k) 
through (m), and 63.503. Where these standards reference another 
subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart. Where these standards 
reference another subpart and modify the requirements, the requirements 
shall be modified as described in this subpart. Delegation of the 
modified requirements will also occur according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart W--[Amended]

    24. Section 63.529 is added to Subpart W to read as follows:


Sec. 63.529  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.520, 
63.523, and 63.524. Where these standards reference another rule, the 
cited provisions in that rule will be delegated according to the 
delegation provisions of that rule.
    (2) Approval of major alternatives to test methods for under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart X--[Amended]

    25. Section 63.545 is amended by revising paragraph (c) 
introductory text and adding paragraph (f) to read as follows:


Sec. 63.545  Standards for fugitive dust sources.

* * * * *
    (c) The controls specified in the standard operating procedures 
manual shall at a minimum include the requirements of paragraphs (c)(1) 
through (c)(5) of this section, unless the owner or operator satisfies 
the requirements in paragraph (f) of this section.
* * * * *
    (f) Demonstrate to the Administrator (or delegated State, local, or 
Tribal authority) that an alternative measure(s) is equivalent or 
better than a practice(s) described in paragraphs (c)(1) through (c)(5) 
of this section.
    26. Section 63.551 is added to Subpart X to read as follows:


Sec. 63.551  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.541 
and 63.543 through 63.545(a) through (e).
    (2) Approval of major alternatives to test methods for under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart Y--[Amended]

    27. Section 63.562 is amended by removing paragraph (d)(3).
    28. Section 63.567 is amended by adding paragraph (l) to read as 
follows:


Sec. 63.567  Recordkeeping and reporting requirements.

* * * * *
    (l) The owner or operator of the VMT source required by 
Sec. 63.562(d)(2)(iv) to develop a program, shall submit annual reports 
on or before January 31 of each year to the Administrator certifying 
the annual average daily loading rate for the previous calendar year. 
Beginning on January 31, 1996, for the reported year 1995, the annual 
report shall specify the annual average daily loading rate over all 
loading berths. Beginning on January 31, 1999, for the reported year 
1998, the annual report shall specify the annual average daily loading 
rate over all loading berths, over each loading berth equipped with a 
vapor collection system and control device, and over each loading berth 
not equipped with a vapor collection system and control device. The 
annual average daily loading rate under this section is calculated as 
the total amount of crude oil loaded during the calendar year divided 
by 365 days or 366 days, as appropriate.
    29. Section 63.568 is added to Subpart Y to read as follows:


Sec. 63.568  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or

[[Page 2306]]

tribal agency, then that agency, in addition to the U.S. EPA, has the 
authority to implement and enforce this subpart. Contact the applicable 
U.S. EPA Regional Office to find out if implementation and enforcement 
of this subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.560 
and 63.562(a) through (d).
    (2) Approval of major alternatives to test methods for under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart AA--[Amended]

    30. Section 63.611 is added to Subpart AA to read as follows:


Sec. 63.611  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.600, 
63.602 through 63.604, and 63.609 and 63.610.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart BB--[Amended]

    31. Section 63.632 is added to Subpart BB to read as follows:


Sec. 63.632  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.620, 
63.622 through 63.624, and 63.629 through 63.631.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart CC--[Amended]

    32. Section 63.655 is added to Subpart CC to read as follows:


Sec. 63.655  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.640, 
63.642(g) through (l), 63.643, 63.646 through 63.648, and 63.649 
through 63.652. Where these standards reference another subpart, the 
cited provisions will be delegated according to the delegation 
provisions of the referenced subpart. Where these standards reference 
another subpart and modify the requirements, the requirements shall be 
modified as described in this subpart. Delegation of the modified 
requirements will also occur according to the delegation provisions of 
the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart DD--[Amended]

    33. Section 63.684 is amended by revising paragraph (e)(1) to read 
as follows:


Sec. 63.684  Standards: Off-Site material treatment.

* * * * *
    (e) * * *
    (1) A continuous monitoring system shall be installed and operated 
for each treatment that measures operating parameters appropriate for 
the treatment

[[Page 2307]]

process technology. This system shall include a continuous recorder 
that records the measured values of the selected operating parameters. 
The monitoring equipment shall be installed, calibrated, and maintained 
in accordance with the equipment manufacturer's specifications. The 
continuous recorder shall be a data recording device that is capable of 
recording either an instantaneous data value at least once every 15 
minutes or an average value for intervals of 15 minutes or less.
* * * * *
    34. Section 63.693 is amended by revising paragraphs (b)(4)(i) and 
(c)(2)(ii) to read as follows:


Sec. 63.693  Standards: closed-vent systems and control devices.

* * * * *
    (b) * * *
    (4) * * *
    (i) A continuous monitoring system shall be installed and operated 
for each control device that measures operating parameters appropriate 
for the control device technology as specified in paragraphs (d) 
through (h) of this section. This system shall include a continuous 
recorder that records the measured values of the selected operating 
parameters. The monitoring equipment shall be installed, calibrated, 
and maintained in accordance with the equipment manufacturer's 
specifications. The continuous recorder shall be a data recording 
device that is capable of recording either an instantaneous data value 
at least once every 15 minutes or an average value for intervals of 15 
minutes or less.
* * * * *
    (c) * * *
    (2) * * *
    (ii) If a seal or locking device is used to comply with paragraph 
(c)(2) of this section, the device shall be placed on the mechanism by 
which the bypass device position is controlled (e.g., valve handle, 
damper lever) when the bypass device is in the closed position such 
that the bypass device cannot be opened without breaking the seal or 
removing the lock. Examples of such devices include, but are not 
limited to, a car-seal or a lock-and-key configuration valve.
* * * * *
    35. Section 63.695 is amended by revising paragraphs (a)(4), adding 
paragraphs (c)(1)(ii)(C) and (D), and revising paragraph (e) 
introductory text to read as follows:


Sec. 63.695  Inspection and monitoring requirements.

* * * * *
    (a) * * *
    (4) To monitor and record off-site material treatment processes for 
compliance with the standards specified in 63.684(e), the monitoring 
procedures are specified in paragraph (e) of this section.
* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (C) The continuous monitoring system required by 
Sec. 63.693(b)(4)(i) shall monitor and record either an instantaneous 
data value at least once very 15 minutes or an average value for 
intervals of 15 minutes or less.
    (D) The owner or operator shall visually inspect the seal or 
closure mechanism required by Sec. 63.693(c)(2)(ii) at least once every 
month to verify that the bypass mechanism is maintained in the closed 
position.
* * * * *
    (e) The continuous monitoring system required by Sec. 63.684(e)(1) 
shall monitor and record either an instantaneous data value at least 
once very 15 minutes or an average value for intervals of 15 minutes or 
less.
* * * * *
    36. Section 63.698 is revised to read as follows:


Sec. 63.698  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.680, 
63.684 through 63.691, and 63.693. Where these standards reference 
another subpart, the cited provisions will be delegated according to 
the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart EE--[Amended]

    37. Section 63.708 is revised to read as follows:


Sec. 63.708  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.701 
and 63.703.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart GG--[Amended]

    38. Section 63.744 is amended:
    a. By revising the first sentence of paragraph (a)(1).
    b. By revising paragraph (a)(2).
    c. Adding paragraph (a)(4).
    The revisions and addition read as follows:


Sec. 63.744  Standards: Cleaning operations.

    (a) * * *
    (1) Unless the owner or operator satisfies the requirements in 
paragraph

[[Page 2308]]

(a)(4) of this section, place used solvent-laden cloth, paper, or any 
other absorbent applicators used for cleaning in bags or other closed 
containers. * * *
    (2) Unless the owner or operator satisfies the requirements in 
paragraph (a)(4) of this section, store fresh and spent cleaning 
solvents, except semi-aqueous solvent cleaners, used in aerospace 
cleaning operations in closed containers.
* * * * *
    (4) Demonstrate to the Administrator (or delegated State, local, or 
tribal authority) that equivalent or better alternative measures are in 
place compared to the use of closed containers for the solvent-laden 
materials described in paragraph (a)(1) of this section, or the storage 
of solvents described in paragraph (a)(2) of this section.
* * * * *
    39. Section 63.759 is added to Subpart GG to read as follows:


Sec. 63.759  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.741, 
63.743, 63.744(a)(3), (b) through (e), 63.745 through 63.748, and 
63.649(a).
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart HH--[Amended]

    40. Section 63.771 is amended by revising paragraphs (c)(3)(i)(A) 
and (B).


Sec. 63.771  Control equipment requirements.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (A) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, properly install, 
calibrate, maintain, and operate a flow indicator that is capable of 
taking periodic readings and sounding an alarm when the bypass device 
is open such that the stream is being, or could be, diverted away from 
the control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the 
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
* * * * *
    41. Section 63.773 is amended by revising paragraph (c)(2) 
introductory text and adding paragraph (c)(2)(iv) to read as follows:


Sec. 63.773  Inspection and monitoring requirements.

* * * * *
    (c) * * *
    (2) Except as provided in paragraphs (c)(5) and (6) of this 
section, each closed-vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (c)(2)(i) and (ii) of 
this section, each cover shall be inspected according to the procedures 
and schedule specified in paragraph (c)(2)(iii) of this section, and 
each bypass device shall be inspected according to the procedures of 
(c)(2)(iv) of this section.
* * * * *
    (iv) For each bypass device, except as provided for in 
Sec. 63.771(c)(3)(ii), the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the steam 
away from the control device to the atmosphere, set the flow indicator 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, visually inspect the seal or closure 
mechanism at least once every month to verify that the valve is 
maintained in the non-diverting position and the vent stream is not 
diverted through the bypass device.
* * * * *
    42. Section 63.776 is revised to read as follows:


Sec. 63.776  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.760, 
63.765, 63.766, 63.769, 63.771, and 63.777.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart II--[Amended]

    43. Section 63.789 is added to Subpart II to read as follows:


Sec. 63.789  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this

[[Page 2309]]

section are retained by the Administrator of U.S. EPA and cannot be 
transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.780 
and 63.781, and 63.783 and 63.784.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart JJ--[Amended]

    44. Section 63.803 is amended by revising paragraph (c) 
introductory text, paragraphs (c)(1) through (3), and paragraphs (c)(4) 
introductory text to read as follows:


Sec. 63.803  Work practice standards.

* * * * *
    (c) Each owner or operator of an affected source shall prepare and 
maintain with the work practice implementation plan a written leak 
inspection and maintenance plan that specifies:
    (1) A minimum visual inspection frequency of once per month for all 
equipment used to transfer or apply coating, adhesives, or organic 
solvents;
    (2) An inspection schedule;
    (3) Methods for documenting the data and results of each inspection 
and any repairs that were made;
    (4) The time frame between identifying the leak and making the 
repair, which adheres, at a minimum, to the following schedule:
* * * * *
    45. Section 63.808 is revised to read as follows:


Sec. 63.808  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.800, 
63.802, and 63.803 (a) and (b), (c)(1), and (d) through (l).
    (2) Approval of alternatives to the monitoring and compliance 
requirements in Secs. 63.804(f)(4)(iv)(D) and (E), 
63.804(g)(4)(iii)(C), 63.804(g)(4)(vi), and 63.804(g)(6)(vi).
    (3) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart, as well as approval of any alternatives to the 
specific test methods under Secs. 63.805(a), 63.805(d)(2)(v), and 
63.805(e)(1).
    (4) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart KK--[Amended]

    46. Section 63.831 is revised to read as follows:


Sec. 63.831  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.820 
and 63.821 and 63.824 through 63.826.
    (2) Approval of alternatives to the test method for organic HAP 
content determination in Sec. 63.827(b) and alternatives to the test 
method for volatile matter in Sec. 63.827(c), and major alternatives to 
other test methods under Sec. 63.7(e)(2)(ii) and (f), as defined in 
Sec. 63.90, and as required in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart LL--[Amended]

    47. Section 63.853 is revised to read as follows:


Sec. 63.853  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this regulation. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.840, 
63.843 and 63.844, 63.845(b) through (e), (h) and (i), and 63.846.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart OO--[Amended]

    48. Section 63.908 is added to Subpart OO to read as follows:

[[Page 2310]]

Sec. 63.908  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.900 
and 63.902.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart PP--[Amended]

    49. Section 63.929 is added to Subpart PP to read as follows:


Sec. 63.929  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.920 
and 63.922 through 63.924. Where these standards reference another 
subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart QQ--[Amended]

    50. Section 63.949 is added to Subpart QQ to read as follows:


Sec. 63.949  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.940, 
63.942, and 63.943. Where these standards reference subpart DD, the 
cited provisions will be delegated according to the delegation 
provisions of subpart DD.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart RR--[Amended]

    51. Section 63.967 is added to Subpart RR to read as follows:


Sec. 63.967  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.960 
and 63.962. Where these standards reference subpart DD, the cited 
provisions will be delegated according to the delegation provisions 
subpart DD of this part.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart VV--[Amended]

    52. Section 63.1050 is added to Subpart VV to read as follows:


Sec. 63.1050  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S.

[[Page 2311]]

EPA Regional Office to find out if this subpart is delegated to a 
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1040 
and 63.1042 through 63.1044. Where these standards reference subpart 
DD, the cited provisions will be delegated according to the delegation 
provisions of subpart DD of this part.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart CCC--[Amended]

    53. Section 63.1166 is revised to read as follows:


Sec. 63.1166  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (8) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1155 
and 63.1157 through 63.1159.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of any alternative measurement methods for HCl and CL2 
to those specified in Sec. 63.1161(d)(1).
    (4) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (5) Approval of any alternative monitoring requirements to those 
specified in Secs. 63.1162(a)(2) through (5) and 63.1162(b)(1) through 
(3).
    (6) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (7) Waiver of recordkeeping requirements specified in Sec. 63.1165.
    (8) Approval of an alternative schedule for conducting performance 
tests to the requirement specified in Sec. 63.1162(a)(1).

Subpart DDD--[Amended]

    54. Section 63.1195 is revised to read as follows:


Sec. 63.1195  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1177 
through 63.1179.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart EEE--[Amended]

    55. Section 63.1214 is added to Subpart EEE to read as follows:


Sec. 63.1214  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Secs. 63.1200 and 
63.1203 through 63.1205.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart GGG--[Amended]

    56. Section 63.1261 is revised to read as follows:


Sec. 63.1261  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in

[[Page 2312]]

addition to the U.S. EPA, has the authority to implement and enforce 
this subpart. Contact the applicable U.S. EPA Regional Office to find 
out if implementation and enforcement of this subpart is delegated to a 
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1250 
and 63.1252 through 63.1256. Where these standards reference another 
subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart HHH--[Amended]

    57. Section 63.1281 is amended by revising paragraphs (c)(3)(i)(A) 
and (B) to read:


Sec. 63.1281  Control equipment requirements.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (A) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, properly install, 
calibrate, maintain, and operate a flow indicator that is capable of 
taking periodic readings and sounding an alarm when the bypass device 
is open such that the stream is being, or could be, diverted away from 
the control device to the atmosphere; or
    (B) Secure the bypass device valve installed at the inlet to the 
bypass device in the non-diverting position using a car-seal or a lock-
and-key type configuration.
* * * * *
    58. Section 13.1283 is amended by revising paragraph (c)(2) 
introductory text and adding paragraph (c)(2)(iii) to read as follows:


Sec. 63.1283  Inspection and monitoring requirements.

* * * * *
    (c) * * *
    (2) Except as provided in paragraphs (c)(5) and (6) of this 
section, each closed-vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (c)(2)(i) and (ii) of 
this section and each bypass device shall be inspected according to the 
procedures of (c)(2)(iii) of this section.
* * * * *
    (iii) For each bypass device, except as provided for in 
Sec. 63.1281(c)(3)(ii), the owner or operator shall either:
    (A) At the inlet to the bypass device that could divert the stream 
away from the control device to the atmosphere, set the flow indicator 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the non-diverting position using a car-seal or a 
lock-and-key type configuration, visually inspect the seal or closure 
mechanism at least once every month to verify that the valve is 
maintained in the non-diverting position and the vent stream is not 
diverted through the bypass device.
* * * * *
    59. Section 63.1286 is revised to read as follows:


Sec. 63.1286  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1270, 
63.1275, 63.1281, and 63.1287.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart III--[Amended]

    60. Section 63.1309 is revised to read as follows:


Sec. 63.1309  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (5) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1290, 
63.1293 through 63.1301, and 63.1305.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of alternatives to the specific monitoring 
requirements of Sec. 63.1303(b)(5).
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart JJJ--[Amended]

    61. Section 63.1336 is added to Subpart JJJ to read as follows:

[[Page 2313]]

Sec. 63.1336  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1310 
and 63.1311, 63.1313 through 63.1315(a)(1) through (9), (a)(11) through 
(18), (b) through (e), 63.1316, 63.1321 and 63.1322, 63.1323(a), (b)(1) 
through (4), (b)(5)(iv) and (v), (b)(6) and (7), (c) through (j), and 
63.1328 through 63.1331. Where these standards reference another 
subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart. Where these standards 
reference another subpart and modify the requirements, the requirements 
shall be modified as described in this subpart. Delegation of the 
modified requirements will also occur according to the delegation 
provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart LLL--[Amended]

    62. Section 63.1358 is revised to read as follows:


Sec. 63.1358  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1340 
and 63.1343 through 63.1348.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart MMM--[Amended]

    63. Section 63.1362 is amended by revising paragraphs (j)(1) and 
(j)(2) to read as follows:


Sec. 63.1362  Standards.

* * * * *
    (j) * * *
    (1) Install, calibrate, maintain, and operate a flow indicator that 
is capable of determining whether vent stream flow is present and 
taking frequent, periodic readings. Records shall be maintained as 
specified in Sec. 63.1367(f)(1). The flow indicator shall be installed 
at the entrance to any bypass line that could divert the vent stream 
away from the control device to the atmosphere; or
    (2) Secure the bypass line valve in the closed position with a car-
seal or lock-and-key type configuration. Records shall be maintained as 
specified in Sec. 63.1367(f)(2).
* * * * *
    64. Section 63.1366 is amended by revising paragraph (b)(1)(xiii) 
to read as follows:


Sec. 63.1366  Monitoring and inspection requirements.

* * * * *
    (b) * * *
    (1) * * *
    (xiii) Closed-vent system visual inspections. The owner or operator 
shall comply with the requirements in either paragraph (b)(1)(xiii)(A) 
or (B) of this section:
    (A) Set the flow indicator at the entrance to any bypass line that 
could divert the stream away from the control device to the atmosphere 
to take a reading at least once every 15 minutes; or
    (B) If the bypass device valve installed at the inlet to the bypass 
device is secured in the closed position with a car-seal or lock-and-
key type configuration, visually inspect the seal or closure mechanism 
at least once every month to verify that the valve is maintained in the 
closed position and the vent stream is not diverted through the bypass 
line.
* * * * *
    65. Section 63.1369 is revised to read as follows:


Sec. 63.1369  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1360 
and 63.1362 and 63.1363. Where these standards reference another 
subpart, the cited provisions will be delegated according to the 
delegation provisions of the referenced subpart. Where these standards 
reference another subpart and modify the requirements, the requirements 
shall be modified as described in this subpart. Delegation of the 
modified requirements will also

[[Page 2314]]

occur according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods for under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart NNN--[Amended]

    66. Section 63.1388 is added to Subpart NNN to read as follows:


Sec. 63.1388  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1380 
and 63.1382.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart OOO--[Amended]

    67. Section 63.1419 is revised to read as follows:


Sec. 63.1419  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1400 
and 63.1401 and 63.1404 through 63.1410. Where these standards 
reference another subpart, the cited provisions will be delegated 
according to the delegation provisions of the referenced subpart. Where 
these standards reference another subpart and modify the requirements, 
the requirements shall be modified as described in this subpart. 
Delegation of the modified requirements will also occur according to 
the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart PPP--[Amended]

    68. Section 63.1421 is revised to read as follows:


Sec. 63.1421  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1420, 
63.1422, 63.1424 through 63.1428, and 63.1432 through 63.1436. Where 
these standards reference another subpart, the cited provisions will be 
delegated according to the delegation provisions of the referenced 
subpart. Where these standards reference another subpart and modify the 
requirements, the requirements shall be modified as described in this 
subpart. Delegation of the modified requirements will also occur 
according to the delegation provisions of the referenced subpart.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart RRR--[Amended]

    69. Section 63.1519 is revised to read as follows:


Sec. 63.1519  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this regulation. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
regulation to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot

[[Page 2315]]

be transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1500, 
63.1505, and 63.1506.
    (2) Approval of major alternatives to test methods for under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart TTT--[Amended]

    70. Section 63.1550 is revised to read as follows:


Sec. 63.1550  Implementation and enforcement.

    (a) This subpart be implemented and enforced by the U.S. EPA, or a 
delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1541, 
63.1543(a) through (c), (f) and (g), and 63.1544.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart VVV--[Amended]

    71. Section 63.1594 is revised to read as follows:


Sec. 63.1594  Who enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to a State, 
local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to the requirements in Secs. 63.1580, 
63.1583, and Sec. 63.1586.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

Subpart XXX--[Amended]

    72. Section 63.1661 is revised to read as follows:


Sec. 63.1661  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA, 
or a delegated authority such as the applicable State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to a 
State, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. 
Contact the applicable U.S. EPA Regional Office to find out if this 
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and cannot be transferred to 
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (4) of 
this section.
    (1) Approval of alternatives to requirements in Secs. 63.1650 and 
63.1652 through 63.1654.
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), as defined in Sec. 63.90, and as required 
in this subpart.
    (3) Approval of major alternatives to monitoring under 
Sec. 63.8(f), as defined in Sec. 63.90, and as required in this 
subpart.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f), as defined in Sec. 63.90, and as required in this 
subpart.

[FR Doc. 02-188 Filed 1-15-02; 8:45 am]
BILLING CODE 6560-50-P

 
 

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