[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.95]

[Page 112]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
    Subpart E--Approval of State Programs and Delegation of Federal 
                               Authorities
 
Sec. 63.95  Additional approval criteria for accidental release prevention programs.

    (a) A State submission for approval of a part 68 program must meet 
the criteria and be in accordance with the procedures of this section, 
Sec. 63.91, and, where appropriate, either Sec. 63.92 or Sec. 63.93.
    (b) The State part 68 program application shall contain the 
following elements consistent with the procedures in Sec. 63.91 and, 
where appropriate, either Sec. 63.92 or Sec. 63.93 of this subpart, for 
at least the chemicals listed in part 68 subpart F (``federally-listed 
chemicals'') that an approvable State Accidental Release Prevention 
program is regulating:
    (1)(i) A demonstration of the State's authority and resources to 
implement and enforce regulations that are no less stringent than the 
regulations of part 68, subparts A through G and Sec. 68.200 of this 
chapter; and
    (ii) A requirement that any source subject to the State's part 68 
program submit a Risk Management Plan (RMP) that reports at least the 
same information in the same format as required under part 68, subpart G 
of this chapter.
    (2) A State's RMP program may require reporting of information not 
required by the Federal program, and these requirements (like any other 
additional State requirements) will become federally enforceable upon 
approval. The extent to which EPA will be able to help a State collect 
and report additional information through EPA's electronic RMP 
submission system will be determined on a case-by-case basis.
    (3) Procedures for reviewing risk management plans and providing 
technical assistance to stationary sources, including small businesses.
    (4) A demonstration of the State's authority to enforce all part 68 
requirements must be made, including an auditing strategy that complies 
with Sec. 68.220 of this chapter.
    (c) A State may request approval for a program that covers all of 
the federally-listed chemicals (a ``complete program'') or a program 
covering less than all of the federally-listed chemicals (a ``partial 
program'') as long as the State takes delegation of the full part 68 
program for the federally-listed chemicals it regulates.

[65 FR 55843, Sept. 14, 2000]