[Code of Federal Regulations]

[Title 40, Volume 9]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR63.95]



[Page 116]

 

                   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]