Title V Operating Permit Deferrals for Area Sources: National Emission Standards for Hazardous Air Pollutants (NESHAP) for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; Ethylene Oxide Commercial Sterilization and Fumigation Operations; Perchloroethylene Dry Cleaning Facilities; Halogenated Solvent Cleaning Machines; and Secondary Lead Smelting

This action continues to allow permitting authorities the discretion to defer Clean Air Act (Act) title V operating permit requirements until December 9, 2004, for area sources of air pollution that are subject to five NESHAPs. These amendments continue to relieve industrial sources, State, local, and tribal agencies, and the EPA Regional Offices of an undue regulatory burden during a time when available resources are needed to implement the title V permit program for major sources. Under these amendments, sources must continue to meet all applicable requirements, including all applicable emission control, monitoring, recordkeeping, and reporting requirements established by the respective NESHAP. The title V operating permit deferral is an option at the permitting authority's discretion under EPA-approved State operating permit programs and not an automatic deferral that the source can invoke. Thus, State operating permit authorities are free to require area sources subject to the five NESHAPS to obtain title V permits. In areas where no State operating permit program is in effect, and the Federal operating permit program is administered by EPA, we will defer the requirement for title V permitting for these area sources until December 9, 2004.