73 FR 215 pgs. 65804-65811 - Outer Continental Shelf Air Regulations Consistency Update for North Carolina
Type: PRORULEVolume: 73Number: 215Pages: 65804 - 65811
Docket number: [EPA-R04-OAR-2008-0681; FRL-8737-2]
FR document: [FR Doc. E8-26360 Filed 11-4-08; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R04-OAR-2008-0681; FRL-8737-2]
Outer Continental Shelf Air Regulations Consistency Update for North Carolina
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Proposed rule-consistency update.
SUMMARY:
EPA is proposing to update a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states' seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act ("CAA" or "the Act"). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the State of North Carolina will be the designated COA. The effect of approving the OCS requirements for the State of North Carolina is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations (CFR) and is listed in the appendix to the OCS air regulations. This proposed action is an annual update of North Carolina's OCS Air Regulations. These rules include revisions to existing rules that already apply to OCS sources.
DATES:
Comments must be received on or before December 5, 2008.
ADDRESSES:
Submit your comments, identified by Docket ID No. EPA-R04-OAR-2008-0681, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for submitting comments.
2. E-mail: lakeman.sean@epa.gov .
3. Fax: (404) 562-9019.
4. Mail: "(EPA-R04-OAR-2008-0681)," Air Permit Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Sean Lakeman, Air Permit Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. "(EPA-R04-OAR-2008-0681)." EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm .
Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Permit Section,Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Permit Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9043. Mr. Lakeman can also be reached via electronic mail at lakeman.sean@epa.gov .
SUPPLEMENTARY INFORMATION:
Throughout this document whenever "we," "us," or "our" is used, we mean EPA. The following outline is provided to aid in locating information in this preamble.
>I. Background and Purpose
II. EPA's Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On September 4, 1992, EPA promulgated 40 CFR part 55,1which established requirements to control air pollution from OCS sources in order to attain and maintain federal and state ambient air quality standards and to comply with the provisions of part C of title I of the Act. Part 55 applies to all OCS sources offshore of the states except those located in the Gulf of Mexico west of 87.5 degrees longitude. Section 328 of the Act requires that for such sources located within 25 miles of a state's seaward boundary, the requirements shall be the same as would be applicable if the sources were located in the COA. Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) of the Act requires that EPA update the OCS requirements as necessary to maintain consistency with onshore requirements.
Footnotes:
1 For further information see the Notice of Proposed Rulemaking, December 5, 1991 (56 FR 63774), and the preamble to the final rule promulgated September 4, 1992 (57 FR 40792).
Pursuant to 40 CFR 55.12 of the OCS rule, "consistency reviews will occur at least annually. In addition, in accordance with paragraphs (c) and (d) of this section, consistency reviews will occur upon receipt of an NOI (notice of intent) and when a State or local agency submits a rule to EPA to be considered for incorporation by reference in this part 55." This proposed action is an annual update of North Carolina's OCS Air Regulations, which are incorporated by reference into 40 CFR part 55, Appendix A.
Section 328(a) of the Act requires that EPA establish requirements to control air pollution from OCS sources located within 25 miles of states' seaward boundaries that are the same as onshore requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into part 55 as they exist onshore. This process is distinct from the State Implementation Plan (SIP) process and incorporation of a rule into part 55 as part of the OCS consistency update process does not ensure such a rule would be appropriate for inclusion into the SIP. EPA's review of North Carolina's rules for OCS consistency update purposes is described below.
II. EPA's Evaluation
In updating 40 CFR part 55, Appendix A, EPA reviewed North Carolina's rules for inclusion into part 55 to ensure that they are (1) rationally related to the attainment or maintenance of federal or state ambient air quality standards and part C of title I of the Act; (2) not designed expressly to prevent exploration and development of the OCS; and (3) applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated the rules to ensure they are not arbitrary or capricious. 40 CFR 55.12(e). In addition, EPA has excluded administrative or procedural rules,2and requirements that regulate toxics which are not related to the attainment and maintenance of federal and state ambient air quality standards.
Footnotes:
2 Each COA which has been delegated the authority to implement and enforce part 55, will use its administrative and procedural rules as it does with onshore sources. However, in those instances where EPA has not delegated authority to implement and enforce part 55, EPA will use its own administrative and procedural requirements to implement the substantive requirements. See 40 CFR 55.14(c)(4).
EPA is soliciting public comments on the proposal to update 40 CFR part 55, Appendix A to include recent changes to North Carolina's onshore rules that affect OCS sources. Any comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting comments to the EPA Region 4 Office listed in the ADDRESSES section of this Federal Register .
III. Proposed Action
EPA is proposing an annual update of North Carolina's OCS Air Regulations. These rules include revisions to existing rules that already apply to OCS sources. The rules that EPA is proposing to incorporate are applicable provisions of Chapter 15A of the North Carolina Administrative Code, listed in detail at the end of this document.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the Agency must determine whether the regulatory action is "significant" and therefore subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. The 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.
This action is not a "significant regulatory action" under the terms of Executive Order 12866 and is therefore not subject to OMB Review. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the CAA, without the exercise of any policy discretion by EPA. These OCS rules already apply in the COA, and EPA has no evidence to suggest that these OCS rules have created an adverse material effect. As required by section 328 of the CAA, this action simply updates the existing OCS requirements to make them consistent with rules in the COA.
B. Paperwork Reduction Act
The OMB has approved the information collection requirements contained in 40 CFR part 55, and by extension this update to the rules, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. , and has assigned OMB control number 2060-0249. Notice of OMB's approval of EPA Information Collection Request (ICR) No. 1601.06 was published in the Federal Register on March 1, 2006 (71 FR 10499). The approval expires January 31, 2009. As EPA previously indicated (70 FR 65897 (November 1, 2005)), the annual public reporting and recordkeeping burden for collection of information under 40 CFR part 55 is estimated to average 549 hours per response. 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 purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search 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 in 40 CFR are listed in 40 CFR part 9 and are identified on the form and/or instrument, if applicable.
C. 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 small governmental jurisdictions.
These rules will not have a significant economic impact on a substantial number of small entities. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the CAA, without the exercise of any policy discretion by EPA. These OCS rules already apply in the COA, and EPA has no evidence to suggest that these OCS rules have had a significant economic impact on a substantial number of small entities. As required by section 328 of the CAA, this action simply updates the existing OCS requirements to make them consistent with rules in the COA. Therefore, this action will not have a significant economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
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 state, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA 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 state, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year.
Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and 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 EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation of why that alternative was not adopted.
Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it 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.
This document contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for state, local, or tribal governments or the private sector that may result in expenditures of $100 million or more for state, local, or tribal governments, in the aggregate, or to the private sector in any one year. This action would implement requirements specifically and explicitly set forth by the Congress in section 328 of the CAA, without the exercise of any policy discretion by EPA. The OCS rules already apply in the COA, and EPA has no evidence to suggest that applying them in the OCS would result in expenditures to state, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. As required by section 328 of the CAA, this action simply updates the existing OCS requirements to make them consistent with rules in the COA.
E. 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."
This proposed rule does not have federalism implications. It 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. These rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the CAA, without the exercise of any policy discretion by EPA. As required by section 328 of the CAA, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. These rules do not amend the existing provisions within 40 CFR part 55 enabling delegation of OCS regulations to a COA, and this rule does not require the COA to implement the OCS rules. Thus, Executive Order 13132 does not apply to this rule.
In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and state and local governments, EPA specifically solicits comments on this proposed rule from state and local officials.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled "Consultation and Coordination with Indian Tribal Governments" (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure "meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications." This rule does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes or on the distribution of power and responsibilities between the Federal Government and Indian tribes and thus does not have "tribal implications," within the meaning of Executive Order 13175. This rule implements requirements specifically and explicitly set forth by the Congress in section 328 of the CAA, without the exercise of any policy discretion by EPA. As required by section 328 of the CAA, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. In addition, this rule does not impose substantial direct compliance costs on tribal governments, nor preempt tribal law. Consultation with Indian tribes is therefore not required under Executive Order 13175. Nonetheless, in the spirit of Executive Order 13175 and consistent with EPA policy to promote communications between EPA and tribes, EPA specifically solicits comments on this proposed rule from tribal officials.
G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks
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 Executive Order 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 proposed rule is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866. In addition, the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportional risk to children.
H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use
This proposed 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.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable laws or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decided not to use available and applicable voluntary consensus standards.
As discussed above, these rules implement requirements specifically and explicitly set forth by the Congress in section 328 of the CAA, without the exercise of any policy discretion by EPA. As required by section 328 of the CAA, this rule simply updates the existing OCS rules to make them consistent with current COA requirements. In the absence of a prior existing requirement for the state to use voluntary consensus standards and in light of the fact that EPA is required to make the OCS rules consistent with current COA requirements, it would be inconsistent with applicable law for EPA to use voluntary consensus standards in this action. Therefore, EPA is not considering the use of any voluntary consensus standards. EPA welcomes comments on this aspect of the proposed rulemaking and, specifically, invites the public to identify potentially-applicable voluntary consensus standards and to explain why such standards should be used in this regulation.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA lacks the discretionary authority to address environmental justice in this proposed action. This rule implements requirements specifically and explicitly set forth by the Congress in section 328 of the CAA, without the exercise of any policy discretion by EPA. As required by section 328 of the CAA, this rule simply updates the existing OCS rules to make them consistent with current COA requirements.
Although EPA lacks authority to modify today's regulatory decision on the basis of environmental justice considerations, EPA nevertheless explored this issue and found the following. This action, namely, updating the OCS rules to make them consistent with current COA requirements, will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. Environmental justice considerations may be appropriate to consider in the context of a specific OCS permit application.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure, Air pollution control, Continental Shelf, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: October 24, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, title 40 of the Code of Federal Regulations is proposed to be amended as follows:
PART 55-[AMENDED]
1. The authority citation for part 55 continues to read as follows:
Authority:
Section 328 of the Act (42 U.S.C. 7401, et seq. ) as amended by Public Law 101-549.
2. Section 55.14 is amended by revising paragraph (e)(17)(i)(A) to read as follows:
§ 55.14 Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State.
(e) * * *
(17) * * *
(i) * * *
(A) State of North Carolina Air Pollution Control Requirements Applicable to OCS Sources, January 2, 2008.
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under the heading "North Carolina" to read as follows:
Appendix A to Part 55-Listing of State and Local Requirements Incorporated by Reference Into Part 55, By State
North Carolina
(a) State requirements.
(1) The following requirements are contained in State of North Carolina Air Pollution Control Requirements Applicable to OCS Sources , January 2, 2008: The following sections of subchapter 2D, 2H and 2Q.
15A NCAC SUBCHAPTER 2D-AIR POLLUTION CONTROL REQUIREMENTS
SECTION .0100-DEFINITIONS AND REFERENCES
2D.0101Definitions (Effective 12/01/2005)
2D.0104Incorporation by reference (Effective 07/01/1998)
SECTION .0200-AIR POLLUTION SOURCES
2D.0201Classification of air pollution sources (Effective 07/01/1984)
2D.0202Registration of air pollution sources (Effective 07/01/1998)
SECTION .0300-AIR POLLUTION EMERGENCIES
2D.0301Purpose (Effective 02/01/1976)
2D.0302Episode criteria (Effective 07/01/1998)
2D.0303Emission reduction plans (Effective 07/01/1984)
2D.0304Preplanned abatement program (Effective 07/01/1998)
2D.0305Emission reduction plan: Alert Level (Effective 07/01/1984)
2D.0306Emission reduction plan: Warning Level (Effective 07/01/1984)
2D.0307Emission reduction plan: Emergency Level (Effective 07/01/1984)
SECTION .0400-AMBIENT AIR QUALITY STANDARDS
2D.0401Purpose (Effective 12/01/1992)
2D.0402Sulfur oxides (Effective 07/01/1984)
2D.0403Total suspended particulates (Effective 07/01/1988)
2D.0404Carbon monoxide (Effective 10/01/1989)
2D.0405Ozone (Effective 04/01/1999)
2D.0407Nitrogen dioxide (Effective 10/01/1989)
2D.0408Lead (Effective 07/01/1984)
2D.0409PM10 particulate matter (Effective 04/01/1999)
2D.0410PM2.5 particulate matter (Effective 04/01/1999)
SECTION .0500-EMISSION CONTROL STANDARDS
2D.0501Compliance with emission control standards (Effective 06/01/2008)
2D.0502Purpose (Effective 06/01/1981)
2D.0503Particulates from fuel burning indirect heat exchangers (Effective 04/01/1999)
2D.0504Particulates from wood burning indirect heat exchangers (Effective 08/01/2002)
2D.0506Particulates from hot mix asphalt plants (Effective 08/01/2004)
2D.0507Particulates from chemical fertilizer manufacturing plants (Effective 04/01/2003)
2D.0508Particulates from pulp and paper mills (Effective 07/10/1998)
2D.0509Particulates from MICA or FELDSPAR processing plants (Effective 04/01/2003)
2D.0510Particulates from sand, gravel, or crushed stone operations (Effective 07/01/1998)
2D.0511Particulates from lightweight aggregate processes (Effective 07/01/1998)
2D.0512Particulates from wood products finishing plants (Effective 01/01/1985)
2D.0513Particulates from portland cement plants (Effective 07/01/1998)
2D.0514Particulates from ferrous jobbing foundries (Effective 07/01/1998)
2D.0515Particulates from miscellaneous industrial processes (Effective 04/01/2003)
2D.0516Sulfur dioxide emissions from combustion sources (Effective 07/01/2007)
2D.0517Emissions from plants producing sulfuric acid (Effective 01/01/1985)
2D.0519Control of nitrogen dioxide and nitrogen oxides emissions (Effective 07/01/2007)
2D.0521Control of visible emissions (Effective 07/01/2007)
2D.0524New Source Performance Standards (Effective 07/01/2007)
2D.0527Emissions from spodumene ore roasting (Effective 01/01/1985)
2D.0528Total reduced sulfur from kraft pulp mills (Effective 07/01/1988)
2D.0529Fluoride emissions from primary aluminum reduction plants (Effective 06/01/2008)
2D.0530Prevention of significant deterioration (Effective 05/01/2008)
2D.0531Sources in nonattainment areas (Effective 05/01/2008)
2D.0532Sources contributing to an ambient violation (Effective (07/01/1994)
2D.0533Stack height (Effective 07/01/1994)
2D.0534Fluoride emissions from phosphate fertilizer industry (Effective 11/01/1982)
2D.0535Excess emissions reporting and malfunctions (Effective 06/01/2008)
2D.0536Particulate emissions from electric utility boilers (Effective 06/10/2008)
2D.0537Control of mercury emissions (Effective 07/01/1996)
2D.0538Control of ethylene oxide emissions (Effective 06/01/2004)
2D.0539Odor control of feed ingredient manufacturing plants (Effective 04/01/2001)
2D.0540Particulates from fugitive dust emission sources (Effective 08/01/2007)
2D.0541Control of emissions from abrasive blasting (Effective 07/01/2000)
2D.0542Control of particulate emissions from cotton ginning operations (Effective 06/01/2008)
2D.0543Best Available Retrofit Technology (Effective 05/01/2007)
SECTION .0600-MONITORING: RECORDKEEPING: REPORTING
2D.0601Purpose and scope (Effective 04/01/1999)
2D.0602Definitions (Effective 04/01/1999)
2D.0604Exceptions to monitoring and reporting requirements (Effective 04/01/1999)
2D.0605General recordkeeping and reporting requirements (Effective 01/01/2007)
2D.0606Sources covered by appendix P of 40 CFR part 51 (Effective 06/01/2008)
2D.0607Large wood and wood-fossil fuel combination units (Effective 07/01/1999)
2D.0608Other large coal or residual oil burners (Effective 06/01/2008)
2D.0610Federal monitoring requirements (Effective 04/01/1999)
2D.0611Monitoring emissions from other sources (Effective 04/01/1999)
2D.0612Alternative monitoring and reporting procedures (Effective 04/01/1999)
2D.0613Quality assurance program (Effective 04/01/1999)
2D.0614Compliance assurance monitoring (Effective 04/01/1999)
2D.0615Delegation (Effective 04/01/1999)
SECTION .0800-COMPLEX SOURCES
2D.0801Purpose and scope (Effective 02/01/2005)
2D.0802Definitions (07/01/1994)
2D.0804Airport facilities (Effective 07/01/1996)
2D.0805Parking facilities (Effective 07/01/1996)
2D.0806Ambient monitoring and modeling analysis (Effective 07/01/1994)
SECTION .0900-VOLATILE ORGANIC COMPOUNDS
2D.0901Definitions (Effective 06/01/2008)
2D.0902Applicability (Effective 07/01/2007)
2D.0903Recordkeeping: reporting: monitoring (Effective 04/01/1999)
2D.0906Circumvention (Effective 01/01/1985)
2D.0909Compliance schedules for sources in nonattainment areas (Effective 07/01/2007)
2D.0912General provisions on test methods and procedures (Effective 06/01/2008)
2D.0917Automobile and light-duty truck manufacturing (Effective 07/01/1996)
2D.0918Can coating (Effective 07/01/1996)
2D.0919Coil coating (Effective 07/01/1996)
2D.0920Paper coating (Effective 07/01/1996)
2D.0921Fabric and vinyl coating (Effective 07/01/1996)
2D.0922Metal furniture coating (Effective 07/01/1996)
2D.0923Surface coating of large appliances (Effective 07/01/1996)
2D.0924Magnet wire coating (Effective 07/01/1996)
2D.0925Petroleum liquid storage in fixed roof tanks (03/01/1991)
2D.0926Bulk gasoline plants (Effective 07/01/1996)
2D.0927Bulk gasoline terminals (Effective 01/01/2007)
2D.0928Gasoline service stations stage I (Effective 07/01/1996)
2D.0930Solvent metal cleaning (Effective 03/01/1991)
2D.0931Cutback asphalt (Effective 12/01/1989)
2D.0932Gasoline truck tanks and vapor collection systems (Effective 08/01/2008)
2D.0933Petroleum liquid storage in external floating roof tanks (Effective 06/01/2004)
2D.0934Coating of miscellaneous metal parts and products (Effective 07/01/1996)
2D.0935Factory surface coating of flat wood paneling (Effective 07/01/1996)
2D.0936Graphic arts (Effective 12/01/1993)
2D.0937Manufacture of pneumatic rubber tires (Effective 07/01/1996)
2D.0943Synthetic organic chemical and polymer manufacturing (Effective 06/01/2008)
2D.0944Manufacture of polyethylene: polypropylene and polystyrene (Effective 05/01/1985)
2D.0945Petroleum dry cleaning (Effective 06/01/2008)
2D.0947Manufacture of synthesized pharmaceutical products (Effective 07/01/1994)
2D.0948VOC emissions from transfer operations (Effective 07/01/2000)
2D.0949Storage of miscellaneous volatile organic compounds (Effective 07/01/2000)
2D.0951Miscellaneous volatile organic compound emissions (Effective 07/01/2000)
2D.0952Petition for alternative controls for RACT (Effective 04/01/2003)
2D.0953Vapor return piping for stage II vapor recovery (Effective 07/01/1998)
2D.0954Stage II vapor recovery (Effective 04/01/2003)
2D.0955Thread bonding manufacturing (Effective 05/01/1995)
2D.0956Glass christmas ornament manufacturing (Effective 05/01/1995)
2D.0957Commercial bakeries (Effective 05/01/1995)
2D.0958Work practices for sources of volatile organic compounds (Effective 07/01/2000)
2D.0959Petition for superior alternative controls (Effective 04/01/2003)
2D.0960Certification of leak tightness tester (Effective 07/01/2007)
SECTION .1100-CONTROL OF TOXIC AIR POLLUTANTS
2D.1101Purpose (Effective 05/01/1990)
2D.1102Applicability (Effective 07/01/1998)
2D.1103Definition (Effective 04/01/2001)
2D.1104Toxic air pollutant guidelines (Effective 06/01/2008)
2D.1105Facility reporting, recordkeeping (Effective 04/01/1999)
2D.1106Determination of ambient air concentration (Effective 07/01/1998)
2D.1107Multiple facilities (Effective 07/01/1998)
2D.1108Multiple pollutants (Effective 05/01/1990)
2D.1109112(j) case-by-case maximum achievable control technology (Effective 02/01/2004)
2D.1110National Emission Standards for Hazardous Air Pollutants (Effective 06/01/2008)
2D.1111Maximum Achievable Control Technology (Effective 01/01/2007)
2D.1112112(g) case-by-case maximum achievable control technology (Effective 07/01/1998)
SECTION .1200-CONTROL OF EMISSIONS FROM INCINERATORS
2D.1201Purpose and scope (Effective 07/01/2007)
2D.1202Definitions (Effective 07/01/2007)
2D.1203Hazardous waste incinerators (Effective 06/01/2008)
2D.1204Sewage sludge and sludge incinerators (Effective 06/01/2008)
2D.1205Municipal waste combustors (Effective 04/01/2004)
2D.1206Hospital, medical, and infectious waste incinerators (Effective 06/01/2008)
2D.1207Conical incinerators (Effective 07/01/2000)
2D.1208Other incinerators (Effective 08/01/2008)
2D.1210Commercial and industrial solid waste incineration units (Effective 06/01/2008)
2D.1211Other solid waste incineration units (Effective 07/01/2007)
SECTION .1300-OXYGENATED GASOLINE STANDARD
2D.1301Purpose (Effective 09/01/1996)
2D.1302Applicability (Effective 09/01/1996)
2D.1303Definitions (Effective 09/01/1992)
2D.1304Oxygen content standard (Effective 09/01/1996)
2D.1305Measurement and enforcement (Effective 07/01/1998)
SECTION .1400-NITROGEN OXIDES
2D.1401Definitions (Effective 07/18/2002)
2D.1402Applicability (Effective 06/01/2008)
2D.1403Compliance schedules (Effective 07/01/2007)
2D.1404Recordkeeping: Reporting: Monitoring: (Effective 12/01/2005)
2D.1405Circumvention (Effective 04/01/1995)
2D.1407Boilers and indirect-fired process heaters (Effective 06/01/2008)
2D.1408Stationary combustion turbines (Effective 06/01/2008)
2D.1409Stationary internal combustion engines (Effective 06/01/2008)
2D.1410Emissions averaging (Effective 07/18/2002)
2D.1411Seasonal fuel switching (Effective 06/01/2008)
2D.1412Petition for alternative limitations (Effective 06/01/2008)
2D.1413Sources not otherwise listed in this section (Effective 07/18/2002)
2D.1414Tune-up requirements (Effective 07/18/2002)
2D.1415Test methods and procedures (Effective 07/18/2002)
2D.1416Emission allocations for utility companies (Effective 06/01/2004)
2D.1417Emission allocations for large combustion sources (Effective 06/01/2004)
2D.1418New electric generating units, large boilers, and large I/C engines (Effective 06/01/2004)
2D.1419Nitrogen oxide budget trading program (Effective 06/01/2004)
2D.1420Periodic review and reallocations (Effective 07/18/2002)
2D.1421Allocations for new growth of major point sources (Effective 07/18/2002)
2D.1422Compliance supplement pool credits (Effective 06/01/2004)
2D.1423Large internal combustion engines (Effective 07/18/2002)
SECTION .1600-GENERAL CONFORMITY
2D.1601Purpose, scope and applicability (Effective 04/01/1999)
2D.1602Definitions (Effective 04/01/1995)
2D.1603General conformity determination (Effective 07/01/1998)
SECTION .1900-OPEN BURNING
2D.1901Open burning: Purpose: Scope (Effective 07/01/2007)
2D.1902Definitions (Effective 07/01/2007)
2D.1903Open burning without an air quality permit (Effective 07/01/2007)
2D.1904Air curtain burners (Effective 07/01/2007)
2D.1905Regional office locations (Effective 12/01/2005)
2D.1906Delegation to county governments (Effective 12/01/2005)
2D.1907Multiple violations arising from a single episode (Effective 07/01/2007)
SECTION .2000-TRANSPORTATION CONFORMITY
2D.2001Purpose, scope and applicability (Effective 12/01/2005)
2D.2002Definitions (Effective 04/01/1999)
2D.2003Transportation conformity determination (Effective 04/01/1999)
2D.2004Determining transportation-related emissions (Effective 04/01/1999)
2D.2005Memorandum of agreement (Effective 04/01/1999)
SECTION .2100-RISK MANAGEMENT PROGRAM
2D.2101Applicability (Effective 07/01/2000)
2D.2102Definitions (Effective 07/01/2000)
2D.2103Requirements (Effective 07/01/2000)
2D.2104Implementation (Effective 07/01/2000)
SECTION .2200-SPECIAL ORDERS
2D.2201Purpose (Effective 04/01/2004)
2D.2202Definitions (Effective 04/01/2004)
2D.2203Public notice (Effective 04/01/2004)
2D.2204Final action on consent orders (Effective 04/01/2004)
2D.2205Notification of right to contest special orders issued without (Effective 04/01/2004)
SECTION .2300-BANKING EMISSION REDUCTION CREDITS
2D.2301Purpose (Effective 12/01/2005)
2D.2302Definitions (Effective 12/01/2005)
2D.2303Applicability and eligibility (Effective 07/01/2007)
2D.2304Qualification of emission reduction credits (Effective 12/01/2005)
2D.2305Creating and banking emission reduction credits (Effective 12/01/2005)
2D.2306Duration of emission reduction credits (Effective 12/01/2005)
2D.2307Use of emission reduction credits (Effective 12/01/2005)
2D.2308Certificates and registry (Effective 12/01/2005)
2D.2309Transferring emission reduction credits (Effective 12/01/2005)
2D.2310Revocation and changes of emission reduction credits (Effective 12/01/2005)
2D.2311Monitoring (Effective 12/01/2005)
SECTION .2400-CLEAN AIR INTERSTATE RULES
2D.2401Purpose and applicability (Effective 05/01/2008)
2D.2402Definitions (Effective 05/01/2008)
2D.2403Nitrogen oxide emissions (Effective 05/01/2008)
2D.2404Sulfur dioxide (Effective 05/01/2008)
2D.2405Nitrogen oxide emissions during ozone season (Effective 05/01/2008)
2D.2406Permitting (Effective 07/01/2006)
2D.2407Monitoring, reporting, and recordkeeping (Effective 05/01/2008)
2D.2408Trading program and banking (Effective 07/01/2006)
2D.2409Designated representative (Effective 05/01/2008)
2D.2410Computation of time (Effective 07/01/2006)
2D.2411Opt-in provisions (Effective 07/01/2006)
2D.2412New unit growth (Effective 05/01/2008)
2D.2413Periodic review and reallocations (Effective 07/01/2006)
SECTION .2500-MERCURY RULES FOR ELECTRIC GENERATORS
2D.2501Purpose and applicability (Effective 01/01/2007)
2D.2502Definitions (Effective 01/01/2007)
2D.2503Mercury emission (Effective 01/01/2007)
2D.2504Permitting (Effective 01/01/2007)
2D.2505Monitoring, Reporting, and Recordkeeping (Effective 01/01/2007)
2D.2506Designated representative (Effective 01/01/2007)
2D.2507Computation of time periods shall be determined as described in 40 CFR 60.4107 (Effective 01/01/2007)
2D.2508New source growth (Effective 01/01/2007)
2D.2509Periodic review and reallocations (Effective 01/01/2007)
2D.2510Trading program and banking (Effective 01/01/2007)
2D.2511Mercury emission limits (Effective 01/01/2007)
SECTION .2600-SOURCE TESTING
2D.2601Purpose and scope (Effective 06/01/2008)
2D.2602General provisions on test methods and procedures (Effective 07/01/2008)
2D.2603Testing protocol (Effective 07/01/2008)
2D.2604Number of test points (Effective 06/01/2008)
2D.2605Velocity and volume flow rate (Effective 06/01/2008)
2D.2606Molecular weight (Effective 06/01/2008)
2D.2607Determination of moisture content (Effective 06/01/2008)
2D.2608Number of runs and compliance determination (Effective 06/01/2008)
2D.2609Particulate testing methods (Effective 06/01/2008)
2D.2610Opacity (Effective 06/01/2008)
2D.2611Sulfur dioxide testing methods (Effective 06/01/2008)
2D.2612Nitrogen oxide testing methods (Effective 06/01/2008)
2D.2613Volatile organic compound testing methods (Effective 06/01/2008)
2D.2614Determination of VOC emission control system efficiency (Effective 06/01/2008)
2D.2615Determination of leak tightness and vapor leaks (Effective 06/01/2008)
2D.2616Fluorides (Effective 06/01/2008)
2D.2617Total reduced sulfur (Effective 06/01/2008)
2D.2618Mercury (Effective 06/01/2008)
2D.2619Arsenic, beryllium, cadmium, hexavalent chromium (Effective 06/01/2008)
2D.2620Dioxins and furans (Effective 06/01/2008)
2D.2621Determination of fuel heat content using f-factor (Effective 06/01/2008)
SUBCHAPTER 02Q-AIR QUALITY PERMITS PROCEDURES
SECTION .0100-GENERAL PROVISIONS
2Q.0101Required air quality permits (Effective 12/01/2005)
2Q.0102Activities exempted from permit requirements (Effective 07/01/2007)
2Q.0103Definitions (Effective 12/01/2005)
2Q.0104Where to obtain and file permit applications (Effective 08/01/2002)
2Q.0105Copies of referenced documents (Effective 12/01/2005)
2Q.0106Incorporation by reference (Effective 07/01/1994)
2Q.0107Confidential information (Effective 04/01/1999)
2Q.0108Delegation of authority (Effective 07/01/1998)
2Q.0109Compliance schedule for previously exempted activities (Effective 04/01/2001)
2Q.0110Retention of permit at permitted facility (Effective 07/01/1994)
2Q.0111Applicability determinations (Effective 07/01/1994)
2Q.0112Applications requiring professional engineer seal (Effective 02/01/1995)
2Q.0113Notification in areas without zoning (Effective 04/01/2004)
SECTION .0200-PERMIT FEES
2Q.0201Applicability (Effective 07/01/1998)
2Q.0202Definitions (Effective 04/01/2004)
2Q.0203Permit and application fees (Effective 03/01/2008)
2Q.0204Inflation adjustment (Effective 03/01/2008)
2Q.0205Other adjustments (Effective 07/01/1994)
2Q.0206Payment of fees (Effective 07/01/1994)
2Q.0207Annual emissions reporting (Effective 07/01/2007)
SECTION .0300-CONSTRUCTION AND OPERATION PERMITS
2Q.0301Applicability (Effective 12/01/2005)
2Q.0302Facilities not likely to contravene demonstration (Effective 07/01/1998)
2Q.0303Definitions (Effective 07/01/1994)
2Q.0304Applications (Effective 12/01/2005)
2Q.0305Application submittal content (Effective 12/01/2005)
2Q.0306Permits requiring public participation (Effective 07/01/2007)
2Q.0307Public participation procedures (Effective 07/01/1998)
2Q.0308Final action on permit applications (Effective 07/01/1994)
2Q.0309Termination, modification and revocation of permits (Effective 07/01/1999)
2Q.0310Permitting of numerous similar facilities (Effective 07/01/1994)
2Q.0311Permitting of facilities at multiple temporary sites (Effective 07/01/1996)
2Q.0312Application processing schedule (Effective 07/01/1998)
2Q.0313Expedited application processing schedule (Effective 07/01/1998)
2Q.0314General permit requirements (Effective 07/01/1999)
2Q.0315Synthetic minor facilities (Effective 07/01/1999)
2Q.0316Administrative permit amendments (Effective 04/01/2001)
2Q.0317Avoidance conditions (Effective 04/01/2001)
2Q.0401Purpose and applicability (Effective 04/01/2001)
2Q.0402Acid rain permitting procedures (Effective 04/01/1999)
SECTION .0500-TITLE V PROCEDURES
2Q.0501Purpose of section and requirement for a permit (Effective 07/01/1998)
2Q.0502Applicability (Effective 07/01/2000)
2Q.0503Definitions (Effective 01/01/2007)
2Q.0504Option for obtaining construction and operation permit (Effective 07/01/1994)
2Q.0505Application submittal content (Effective 04/01/2004)
2Q.0507Application (Effective 04/01/2004)
2Q.0508Permit content (Effective 08/01/2008)
2Q.0509Permitting of numerous similar facilities (Effective 07/01/1994)
2Q.0510Permitting of facilities at multiple temporary sites (Effective 07/01/1994)
2Q.0512Permit shield and application shield (Effective 07/01/1997)
2Q.0513Permit renewal and expiration (Effective 07/01/1994)
2Q.0514Administrative permit amendments (Effective 01/01/2007)
2Q.0515Minor permit modifications (Effective 07/01/1997)
2Q.0516Significant permit modification (Effective 07/01/1994)
2Q.0517Reopening for cause (Effective 07/01/1997)
2Q.0518Final action (Effective 02/01/1995)
2Q.0519Termination, modification, revocation of permits (Effective 07/01/1994)
2Q.0520Certification by responsible official (Effective 07/01/1994)
2Q.0521Public participation (Effective 07/01/1998)
2Q.0522Review by EPA and affected states (Effective 07/01/1994)
2Q.0523Changes not requiring permit revisions (Effective 06/01/2008)
2Q.0524Ownership change (Effective 07/01/1994)
2Q.0525Application processing schedule (Effective 07/01/1998)
2Q.0526112(j) case-by-case MACT procedures (Effective 02/01/2004)
2Q.0527Expedited application processing schedule (Effective 07/01/1998)
2Q.0528112(g) case-by-case MACTt procedures (Effective 07/01/1998)
SECTION .0600-TRANSPORTATION FACILITY PROCEDURES
2Q.0601Purpose of section and requirement for a permit (Effective 07/01/1994)
2Q.0602Definitions (Effective 07/01/1994)
2Q.0603Applications (Effective 02/01/2005)
2Q.0604Public participation (Effective 07/01/1994)
2Q.0605Final action on permit applications (Effective 02/01/2005)
2Q.0606Termination, modification and revocation of permits (Effective 07/01/1994)
2Q.0607Application processing schedule (Effective 07/01/1998)
SECTION .0700-TOXIC AIR POLLUTANT PROCEDURES
2Q.0701Applicability (Effective 02/01/2005)
2Q.0702Exemptions (Effective 04/01/2005)
2Q.0703Definitions (Effective 04/01/2001)
2Q.0704New facilities (Effective 07/01/1998)
2Q.0705Existing facilities and sic calls (Effective 07/01/1998)
2Q.0706Modifications (Effective 12/01/2005)
2Q.0707Previously permitted facilities (Effective 07/01/1998)
2Q.0708Compliance schedule for previously unknown toxic air pollutant emissions (Effective 07/01/1998)
2Q.0709Demonstrations (Effective 02/01/2005)
2Q.0710Public notice and opportunity for public hearing (Effective 07/01/1998)
2Q.0711Emission rates requiring a permit (Effective 06/01/2008)
2Q.0712Calls by the director (Effective 07/01/1998)
2Q.0713Pollutants with otherwise applicable federal standards or requirements (Effective 07/01/1998)
SECTION .0800-EXCLUSIONARY RULES
2Q.0801Purpose and scope (Effective 04/01/1999)
2Q.0802Gasoline service stations and dispensing facilities (Effective 08/01/1995)
2Q.0803Coating, solvent cleaning, graphic arts operations (Effective 04/01/2001)
2Q.0804Dry cleaning facilities (Effective 08/01/1995)
2Q.0805Grain elevators (Effective 04/01/2001)
2Q.0806Cotton gins (Effective 06/01/2004)
2Q.0807Emergency generators (Effective 04/01/2001)
2Q.0808Peak shaving generators (Effective 12/01/2005)
2Q.0809Concrete batch plants (Effective 06/01/2004)
2Q.0810Air curtain burners (Effective 12/01/2005)
SECTION .0900-PERMIT EXEMPTIONS
2Q.0901Purpose and scope (Effective 01/01/2005)
2Q.0902Portable crushers (Effective 01/01/2005)
2Q.0903Emergency generators (Effective 06/01/2008)
[FR Doc. E8-26360 Filed 11-4-08; 8:45 am]
BILLING CODE 6560-50-P