99-6258. Approval of Section 112(l) Authority for Hazardous Air Pollutants; Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; State of California  

  • [Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
    [Rules and Regulations]
    [Pages 12762-12767]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-6258]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 63
    
    [FRL-6236-9]
    
    
    Approval of Section 112(l) Authority for Hazardous Air 
    Pollutants; Chromium Emissions From Hard and Decorative Chromium 
    Electroplating and Chromium Anodizing Tanks; State of California
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
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    SUMMARY: The California Air Resources Board (CARB) requested approval, 
    under Section 112(l) of the Clean Air Act (the Act), to implement and 
    enforce California's ``Hexavalent Chromium Airborne Toxic Control 
    Measure for Chrome Plating and Chromic Acid Anodizing Operations'' 
    (Chrome ATCM) in place of the ``National Emission Standards for 
    Chromium Emissions from Hard and Decorative Chromium Electroplating and 
    Chromium Anodizing Tanks'' (Chrome NESHAP). EPA has reviewed this 
    request and has found that it satisfies all of the
    
    [[Page 12763]]
    
    requirements necessary to qualify for approval. Thus, EPA is hereby 
    granting California the authority to implement and enforce its Chrome 
    ATCM in place of the Chrome NESHAP.
    
    DATES: This action is effective on April 14, 1999.
    
    ADDRESSES: Copies of CARB's request for approval are available for 
    public inspection at the following locations:
    
    U.S. Environmental Protection Agency, Region IX, Rulemaking Office 
    (AIR-4), Air Division, 75 Hawthorne Street, San Francisco, California 
    94105-3901. (docket #A-96-25)
    California Air Resources Board, Emissions Assessment Branch, Stationary 
    Source Division, 2020 ``L'' Street, P.O. Box 2815, Sacramento, 
    California 95812-2815.
    
    FOR FURTHER INFORMATION CONTACT: Ken Bigos, Air Division, U.S. 
    Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
    Francisco, California 94105-3901, (415) 744-1240.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On January 25, 1995, EPA promulgated the National Emission Standard 
    for Hazardous Air Pollutants (NESHAP) for chromium electroplating 
    facilities (see 60 FR 4963), which was codified in 40 CFR Part 63, 
    Subpart N, ``National Emission Standards for Chromium Emissions from 
    Hard and Decorative Chromium Electroplating and Chromium Anodizing 
    Tanks'' (Chrome NESHAP). On July 17, 1998, EPA received the California 
    Air Resources Board's (CARB's) request for approval to implement and 
    enforce Section 93102 of Title 17 of the California Code of 
    Regulations, ``Hexavalent Chromium Airborne Toxic Control Measure for 
    Chrome Plating and Chromic Acid Anodizing Operations'' (Chrome ATCM), 
    in place of the Chrome NESHAP as the Federally-enforceable standard in 
    California.
        On December 16, 1998, EPA proposed approval of CARB's request in 
    the Federal Register (see 63 FR 69251) and announced the availability 
    for the public to comment on CARB's application. EPA received no 
    comments on the proposed approval.
    
    II. EPA Action
    
    A. California's Chrome ATCM
    
        California's Chrome ATCM differs in many ways from the Federal 
    Chrome NESHAP. Several differences were discussed in the December 16, 
    1998, proposed rulemaking and the public was afforded an opportunity to 
    comment on the significance of these differences. By today's action, 
    the Chrome ATCM will be fully approved as a substitute for the Chrome 
    NESHAP. The following discussions, however, are being provided for the 
    purpose of clarifying potentially ambiguous or unclear requirements.
    1. Title V Requirements
        The Chrome ATCM requires the owner or operator of a major source 
    subject to the Chrome ATCM to obtain a Title V permit (see 
    Sec. 93102(a)(5)). While the Chrome NESHAP includes this requirement, 
    it also provides that all nonmajor sources, except for those sources 
    referred to in 40 CFR 63.340(e)(1), are subject to Title V permitting 
    requirements. While the applicable Title V permitting authority may 
    defer certain qualifying nonmajor sources from the Title V permitting 
    requirements until December 9, 1999, currently all sources receiving 
    such deferrals are required to submit Title V permit applications by 
    December 9, 2000 (see 40 CFR 63.340(e)(2) and 61 FR 27785).
        In addition, both the Chrome NESHAP and the Chrome ATCM require 
    major sources to submit ongoing compliance status reports (see 
    Sec. 93102(i)(3) and 40 CFR 63.347(g)). However, the Chrome ATCM 
    requires these reports to be submitted annually, while the Chrome 
    NESHAP requires these reports to be submitted semi-annually (quarterly 
    where the applicable emission limit is being exceeded). Because Section 
    504(a) of the Act requires major sources that have Title V permits to 
    submit such reports no less often than every six months, EPA cannot 
    approve this provision of the Chrome ATCM to operate in lieu of the 
    comparable provision of the Chrome NESHAP. Major sources must comply 
    with the Title V semi-annual reporting requirement as stated in 40 CFR 
    63.347(g).
    2. Emission Limits for Hard Chromium Electroplating
        Both the Chrome NESHAP and the Chrome ATCM allow facilities with a 
    maximum cumulative potential rectifier capacity of greater than 60 
    million ampere-hours per year to be considered small (or medium in the 
    case of the Chrome ATCM) by accepting a limit on the maximum cumulative 
    potential rectifier usage (see Sec. 93102(h)(7)(B) and 40 CFR 
    63.342(c)(2)). EPA wishes to clarify that it considers all such usage 
    limits in non-Title V operating permits as Federally-enforceable for 
    purpose of this substitution of the Chrome ATCM for the Chrome NESHAP.
    3. Malfunctions
        Both the Chrome NESHAP and the Chrome ATCM provide that the 
    emission limits apply during tank operations, including periods of 
    startup and shutdown, but do not apply during periods of malfunction, 
    which the Chrome ATCM refers to as periods of ``breakdown'' (see 
    Sec. 93102(a)(4) and (b)(7), and 40 CFR 63.2 and 63.342(b)(1)). The 
    Chrome ATCM both defines the term ``breakdown'' and states that the 
    emission limits ``do not apply during periods of equipment breakdown, 
    provided the provisions of the permitting agency's breakdown rule are 
    met.* * *'' This means that an event does not constitute a breakdown 
    unless both of the following conditions are met: (1) the event meets 
    the characteristics of a breakdown as defined in the Chrome ATCM, and 
    (2) the provisions of the applicable permitting agency's (i.e., 
    district's) breakdown rule are met. This two-step analysis is important 
    because it is the Chrome ATCM definition of ``breakdown'' that first 
    determines what constitutes a breakdown, not the provisions of the 
    applicable district's breakdown rule.
        Under the Chrome ATCM, the districts' breakdown rules serve only 
    one function: to establish the reporting requirements that must be 
    followed when a breakdown occurs (see Sec. 93102(i)(4)). These rules do 
    not override or supplant the other breakdown or excess emission 
    requirements of the Chrome ATCM, including the requirements to revise 
    the operation and maintenance plan to minimize breakdowns (see 
    Sec. 93102(g)(4)), to maintain the specified records of all breakdowns 
    and excess emissions (see Sec. 93102(h)(5) and (6)), and to include as 
    part of the ongoing compliance status report a summary of any excess 
    emissions (see Sec. 93102(h)(6), (i)(3)(B), and Appendix 3). And, the 
    districts' breakdown rules neither expand the scope nor extend the 
    time-frame of a breakdown beyond the definition in Section 93102(b)(7) 
    of the Chrome ATCM. In other words, while the emission limits do not 
    apply during a breakdown, what constitutes a breakdown is determined by 
    the Chrome ATCM's, not a particular district's, definition of 
    ``breakdown.''
        As a supplement to its application, CARB submitted copies of the 
    districts' breakdown rules, which are referenced in Appendix 6 of the 
    Chrome ATCM. EPA is making several points of clarification regarding 
    these breakdown rules. First, only those district breakdown rules that 
    were submitted to
    
    [[Page 12764]]
    
    EPA as part of CARB's Chrome ATCM application are approved as a matter 
    of Federal law. A source cannot rely on revisions to a district's 
    breakdown rule until such revisions receive EPA's approval under 
    Section 112(l) of the Act.
        Second, the approval of the districts' breakdown rules, which are 
    incorporated by reference into the Chrome ATCM, is strictly limited to 
    the context of approval of the Chrome ATCM under Section 112(l) of the 
    Act. While the use of these rules may be appropriate in lieu of the 
    Chrome NESHAP reporting requirements, the use of these rules in other 
    contexts may be inappropriate (e.g., with regard to other NESHAPs or 
    State Implementation Plans). Thus, it is possible that a district's 
    breakdown rule can be Federally-approved as part of the Chrome ATCM but 
    not Federally-approved as part of the California State Implementation 
    Plan.
        Third, some of the districts' breakdown rules use the term 
    ``malfunction'' rather than ``breakdown.'' For the purpose of the 
    Chrome ATCM, EPA interprets these terms as interchangeable, provided 
    that it is understood that the Chrome ATCM definition of ``breakdown'' 
    is controlling, not the districts' definitions of ``breakdown'' or 
    ``malfunction.''
        Fourth, some of the districts' breakdown rules include provisions 
    regarding the district's authority to determine whether a breakdown has 
    occurred, authority to grant emergency variances, or authority to 
    decide to take no enforcement action. Like the districts' definitions 
    of ``breakdown'' or ``malfunction,'' the above-listed provisions go 
    beyond the function of the districts' breakdown rules in the context of 
    the Chrome ATCM (such function being limited to establishing the 
    reporting requirements that must be followed when a breakdown occurs). 
    Thus, EPA's approval of the Chrome ATCM under Section 112(l) of the Act 
    does not include such provisions of the districts' breakdown rules 
    since these provisions go beyond the scope of the Chrome ATCM.
        Fifth, some of the districts' breakdown rules require written 
    breakdown reports only if requested by the district. However, for the 
    purpose of approval of the Chrome ATCM, EPA will interpret such rules 
    as requiring the submission of written breakdown reports to the 
    district even if the district has not formally requested the source to 
    provide such reports.
        Sixth, some of the districts' breakdown rules do not specify the 
    reporting time period, but merely state that notification shall be 
    ``immediate'' or the written breakdown report shall be filed 
    ``subsequently.'' With respect to such rules, EPA will interpret such 
    terms by reference to the comparable Chrome NESHAP reporting deadlines 
    in 40 CFR 63.342(f)(3)(iv).
    4. Performance Test Requirements
        The Chrome ATCM allows the use of CARB Method 425, dated July 28, 
    1997, and South Coast Air Quality Management District (SCAQMD) Method 
    205.1, dated August 1991, for determining chromium emissions. By 
    approving the Chrome ATCM, these methods are approved only as 
    prescribed by the Chrome ATCM and only to determine compliance with the 
    Chrome ATCM. EPA approval of the Chrome ATCM does not result in 
    approval of these methods as general alternatives to EPA Method 306.
        In addition, the owner or operator of an affected source cannot 
    rely on provisions in CARB Method 425 or SCAQMD Method 205.1 allowing 
    for approval of alternatives, modifications, or variations from the 
    test method. Any such alternatives, modifications, or variations to the 
    test methods must be approved under the procedures in Sec. 93102(k) of 
    the Chrome ATCM.
    5. HEPA Filters, Chrome Tank Covers, and Polyballs
        Unlike the Chrome NESHAP, the Chrome ATCM specifically includes 
    requirements for the following alternative emission control 
    technologies: high efficiency particulate air (HEPA) filters, chrome 
    tank covers, and polyballs. In approving the Chrome ATCM under Section 
    112(l) of the Act, EPA is approving these alternative technologies for 
    use in California according to the requirements of the Chrome ATCM. 
    However, affected sources using these alternative technologies would 
    still be required to demonstrate, through compliance testing and 
    ongoing compliance monitoring, that the emission standards in 
    Sec. 93102(c) are being achieved.
    6. Compliance With the Chrome NESHAP
        Under Federal law, until EPA approves the Chrome ATCM (i.e., the 
    approval becomes effective), all sources subject to the Chrome NESHAP 
    and located in California must be in compliance with the applicable 
    requirements of the Chrome NESHAP. Even after such approval becomes 
    effective, sources remain subject to Federal enforcement for violation 
    of any Chrome NESHAP provision that the source was required to be in 
    compliance with prior to the effective date of the Chrome ATCM 
    approval. Such Chrome NESHAP provisions include, but are not limited 
    to, the requirements to prepare operation and maintenance plans under 
    40 CFR 63.342(f)(3), to comply with initial notification deadlines 
    under 40 CFR 63.347(c) and (i)(1), and to comply with the new and 
    reconstructed source provisions under 40 CFR 63.5 and 63.345.
    7. Changes in Source Status
        Unlike the Chrome NESHAP, the Chrome ATCM is not as explicit 
    regarding compliance deadlines relating to certain changes to a 
    source's status, such as (1) a change from an area source to a major 
    source; (2) a change from either a very small, small, medium, or less 
    than 60 million ampere-hours hard chrome plater to a different size 
    category; and (3) a change from a decorative chrome plater using a 
    trivalent chrome bath that incorporates a wetting agent to one that 
    ceases to use this process. Since the Chrome ATCM does not explicitly 
    state the compliance deadlines for the changes, EPA interprets the 
    Chrome ATCM to require immediate compliance with the standard that 
    applies to the source's new status.
    8. Circumvention
        Under the Chrome NESHAP, no owner or operator shall build, erect, 
    install, or use any article, machine, equipment, or process to conceal 
    an emission that would otherwise constitute noncompliance with a 
    relevant standard (see 40 CFR 63.4(b)). CARB believes that this 
    provision is not necessary, presumably because CARB interprets the 
    Chrome ATCM as implicitly not allowing such activities.
    9. Notification of New and Modified Sources
        Section 93102(j)(2) of the Chrome ATCM allows facilities to fulfill 
    the notification of construction or modification requirements in 
    Sec. 93102(j)(1) by complying with the applicable district's new source 
    review rule or policy, provided similar information is obtained. Thus, 
    the district's new source review rules or policy merely serve the 
    purpose of obviating the need for duplicative reporting. Such rules or 
    policies, however, do not change the underlying requirement that such 
    notification must exist and must be generated at least within the time 
    frame established by Sec. 93102(j)(1). Furthermore, the burden of proof 
    of compliance rests upon the source to prove that it provided notice of 
    construction or reconstruction on
    
    [[Page 12765]]
    
    time and that such notice includes at least all of the information 
    included in Appendix 4 of the Chrome ATCM.
    
    B. EPA Action
    
        After reviewing the request for approval of California's Chrome 
    ATCM, EPA has determined that this request meets all the requirements 
    necessary to qualify for approval under Section 112(l) of the Act and 
    40 CFR 63.91 and 63.93. Accordingly, EPA is hereby approving the Chrome 
    ATCM as the Federally-enforceable standard for sources in California. 
    Upon the effective date of this action, the Chrome ATCM will be 
    enforceable by the EPA and citizens under the Act. Although the local 
    air pollution control districts in California will have primary 
    implementation and enforcement responsibility, EPA retains the right, 
    pursuant to Section 112(l)(7) of the Act, to enforce any applicable 
    emission standard or requirement under Section 112 of the Act.
    
    C. California's Authorities To Implement and Enforce Section 112 
    Standards
    
    1. Penalty Authorities
        Previously, CARB submitted a finding by California's Attorney 
    General stating that ``State law provides civil and criminal 
    enforcement authority consistent with [40 CFR] 63.91(b)(1)(i), 
    63.91(b)(6)(i), and 70.11, including authority to recover penalties and 
    fines in a maximum amount of not less than $10,000 per day per 
    violation * * *'' (emphasis added) (see 61 FR 25397). In accordance 
    with this finding, EPA understands that the California Attorney General 
    interprets Section 39674 and the applicable sections of Division 26, 
    Part 4, Chapter 4, Article 3 (``Penalties'') of the California Health 
    and Safety Code as allowing the collection of penalties for multiple 
    violations per day. In addition, EPA also understands that the 
    California Attorney General interprets Section 42400(c)(2) of the 
    California Health and Safety Code as allowing for, among other things, 
    criminal penalties for knowingly rendering inaccurate any monitoring 
    method required by a toxic air contaminant rule, regulation, or permit.
        As stated in section II.B above, EPA retains the right, pursuant to 
    Section 112(l)(7) of the Act, to enforce any applicable emission 
    standard or requirement under Section 112 of the Act, including the 
    authority to seek civil and criminal penalties up to the maximum 
    amounts specified in Section 113 of the Act.
    2. Variances
        Division 26, Part 4, Chapter 4, Articles 2 and 2.5 of the 
    California Health and Safety Code provide for the granting of variances 
    under certain circumstances. EPA regards these provisions as wholly 
    external to CARB's request for approval to implement and enforce a 
    Section 112 program or rule and, consequently, is proposing to take no 
    action on these provisions of state or local law. EPA does not 
    recognize the ability of a state or local agency who has received 
    delegation of a Section 112 program or rule to grant relief from the 
    duty to comply with such Federally-enforceable program or rule, except 
    where such relief is granted in accordance with procedures allowed 
    under Section 112 of the Act. As stated above, EPA retains the right, 
    pursuant to Section 112(l)(7) of the Act, and citizens retain the 
    right, pursuant to Section 304 of the Act, to enforce any applicable 
    emission standard or requirement under Section 112 of the Act.
        Similarly, Section 39666(f) of the California Health and Safety 
    Code allows local agencies to approve alternative methods from those 
    required in the ATCMs, but only as long as such approvals are 
    consistent with the Act. A source seeking permission to use an 
    alternative means of emission limitation under Section 112 of the Act 
    must also receive approval, after notice and opportunity for comment, 
    from EPA before using such alternative means of emission limitation for 
    the purpose of complying with Section 112 of the Act.
    
    III. Administrative Requirements
    
    A. Executive Order 12866
    
        The Office of Management and Budget has exempted this regulatory 
    action from Executive Order (E.O.) 12866, entitled ``Regulatory 
    Planning and Review.''
    
    B. Executive Order 12875
    
        Under E.O. 12875, EPA may not issue a regulation that is not 
    required by statute and that creates a mandate upon a state, local, or 
    tribal government, unless the Federal government provides the funds 
    necessary to pay the direct compliance costs incurred by those 
    governments. If the mandate is unfunded, EPA must provide to the Office 
    of Management and Budget a description of the extent of EPA's prior 
    consultation with representatives of affected state, local, and tribal 
    governments, the nature of their concerns, copies of written 
    communications from the governments, and a statement supporting the 
    need to issue the regulation. In addition, E.O. 12875 requires EPA to 
    develop an effective process permitting elected officials and other 
    representatives of state, local, and tribal governments ``to provide 
    meaningful and timely input in the development of regulatory proposals 
    containing significant unfunded mandates.'' Today's rule does not 
    create a mandate on state, local or tribal governments. Accordingly, 
    the requirements of Section 1(a) of E.O. 12875 do not apply to this 
    rule.
    
    C. Executive Order 13045
    
        Protection of Children from Environmental Health Risks and Safety 
    Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
    determined to be ``economically significant'' as defined under E.O. 
    12866, and (2) concerns an environmental health or safety risk that EPA 
    has reason to believe may have a disproportionate effect on children. 
    If the regulatory action meets both criteria, the Agency must evaluate 
    the environmental health or safety effects of the planned rule on 
    children, and explain why the planned regulation is preferable to other 
    potentially effective and reasonably feasible alternatives considered 
    by the Agency.
        This rule is not subject to E.O. 13045 because it does not involve 
    decisions intended to mitigate environmental health or safety risks.
    
    D. Executive Order 13084
    
        Under E.O. 13084, EPA may not issue a regulation that is not 
    required by statute, that significantly affects 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. If the mandate is unfunded, 
    EPA must provide to the Office of Management and Budget, 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, E.O. 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.'' Today's rule 
    does not significantly or uniquely affect the communities of Indian 
    tribal
    
    [[Page 12766]]
    
    governments. Accordingly, the requirements of Section 3(b) of E.O. 
    13084 do not apply to this rule.
    
    E. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (RFA) generally requires an agency 
    to conduct 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 not-for-profit enterprises, and government entities 
    with jurisdiction over populations of less than 50,000.
        This final rule will not have a significant impact on a substantial 
    number of small entities because approvals under 40 CFR 63.93 do not 
    create any new requirements, but simply approve requirements that the 
    state or local agency is already imposing. Therefore, because this 
    approval does not impose any new requirements, I certify that this 
    action will not have a significant economic impact on a substantial 
    number of small entities.
    
    F. Unfunded Mandates
    
        Under Section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to state, local, or tribal governments in the aggregate, or to 
    private sector, of $100 million or more. Under Section 205, EPA must 
    select the most cost-effective and least burdensome alternative that 
    achieves the objectives of the rule and is consistent with statutory 
    requirements. Section 203 requires EPA to establish a plan for 
    informing and advising any small governments that may be significantly 
    or uniquely impacted by the rule.
        EPA has determined that the approval action promulgated does not 
    include a Federal mandate that may result in estimated costs of $100 
    million or more to either state, local, or tribal governments in the 
    aggregate, or to the private sector. This Federal action approves pre-
    existing requirements under state or local law, and imposes no new 
    Federal requirements. Accordingly, no additional costs to state, local, 
    or tribal governments, or to the private sector, result from this 
    action.
    
    G. Submission to Congress and the Comptroller General
    
        The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
    Small Business Regulatory Enforcement Fairness Act of 1996, generally 
    provides that before a rule may take effect, the agency promulgating 
    the rule must submit a rule report, which includes a copy of the rule, 
    to each House of the Congress and to the Comptroller General of the 
    United States. EPA will submit a report containing this rule and other 
    required information to the U.S. Senate, the U.S. House of 
    Representatives, and the Comptroller General of the United States prior 
    to publication of the rule in the Federal Register. This rule is not a 
    ``major'' rule as defined by 5 U.S.C. 804(2).
    
    H. Petitions for Judicial Review
    
        Under section 307(b)(1) of the Clean Air Act, petitions for 
    judicial review of this action must be filed in the United States Court 
    of Appeals for the appropriate circuit by May 14, 1999. Filing a 
    petition for reconsideration by the Administrator of this final rule 
    does not affect the finality of this rule for the purposes of judicial 
    review nor does it extend the time within which a petition for judicial 
    review may be filed, and shall not postpone the effectiveness of such 
    rule or action. This action may not be challenged later in proceedings 
    to enforce its requirements (see section 307(b)(2)).
    
    List of Subjects in 40 CFR Part 63
    
        Administrative practice and procedure, Air pollution control, 
    Hazardous substances, Incorporation by reference, Intergovernmental 
    relations, Reporting and recordkeeping requirements.
    
        Authority: This action is issued under the authority of Section 
    112 of the Clean Air Act, as amended, 42 U.S.C. Section 7412.
    
        Dated: February 17, 1999.
    Felicia Marcus,
    Regional Administrator, Region IX.
    
        Title 40, chapter I, part 63 of the Code of Federal Regulations is 
    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 E--Approval of State Programs and Delegation of Federal 
    Authorities
    
        2. Section 63.99 is amended by adding paragraph (a)(5)(ii)(E), to 
    read as follows:
    
    
    Sec. 63.99  Delegated Federal authorities.
    
        (a) * * *
        (5) * * *
        (ii) * * *
        (E) The material incorporated in Chapter 5 of the California 
    Regulatory Requirements Applicable to the Air Toxics Program 
    (California Code of Regulations, Title 17, section 93102) pertains to 
    the chromium electroplating and anodizing source category in the State 
    of California, and has been approved under the procedures in Sec. 63.93 
    to be implemented and enforced in place of subpart N--National Emission 
    Standards for Chromium Emissions from Hard and Decorative Chromium 
    Electroplating and Chromium Anodizing Tanks.
        (1) Title V requirements. Subpart N affected sources remain subject 
    to both the Title V permitting requirements of Sec. 63.340(e)(2) and, 
    for major sources, the semi-annual submission of the ongoing compliance 
    status reports as required by Sec. 63.347(g).
        (2) Limits on maximum cumulative potential rectifier usage. Section 
    93102(h)(7)(B) of the California Airborne Toxic Control Measure allows 
    facilities with a maximum cumulative potential rectifier capacity of 
    greater than 60 million ampere-hours per year to be considered small or 
    medium by accepting a limit on the maximum cumulative potential 
    rectifier usage. All such usage limits in non-Title V operating permits 
    are federally-enforceable for the purpose of this rule substitution.
        (3) Permitting Agencies' breakdown/malfunction rules. Section 
    93102(i)(4) of the California Airborne Toxic Control Measure provides 
    that the owner or operator shall report breakdowns as required by the 
    permitting agency's breakdown rule. Under this rule substitution, the 
    permitting agencies' breakdown rules do not override or supplant the 
    requirements of section 93102(g)(4), (h)(5), (h)(6), (i)(3)(B), or 
    Appendix 3; neither expand the scope nor extend the time-frame of a 
    breakdown beyond the definition of section 93102(b)(7); and do not 
    grant the permitting agencies the authority to determine whether a 
    breakdown has occurred, to grant emergency variances, or to decide to 
    take no enforcement action. Owners or operators must submit written 
    breakdown reports even if the permitting agency has not formally 
    requested such reports.
        (4) Performance Test Requirements. Section 93102(d)(3)(A) of the 
    California Airborne Toxic Control Measure allows the use of California 
    Air Resources Board Method 425, dated July 28, 1997, and South Coast 
    Air Quality
    
    [[Page 12767]]
    
    Management District Method 205.1, dated August 1991, for determining 
    chromium emissions. Any alternatives, modifications, or variations to 
    these test methods must be approved under the procedures in section 
    93102(k) of the California Airborne Toxic Control Measure.
    * * * * *
    [FR Doc. 99-6258 Filed 3-12-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
4/14/1999
Published:
03/15/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-6258
Dates:
This action is effective on April 14, 1999.
Pages:
12762-12767 (6 pages)
Docket Numbers:
FRL-6236-9
PDF File:
99-6258.pdf
CFR: (6)
40 CFR 93102(a)(5))
40 CFR 93102(a)(4)
40 CFR 93102(c)
40 CFR 93102(g)(4))
40 CFR 93102(i)(3)
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