Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units, 66681-66685 [E6-19386]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66681-66685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19386]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0497; FRL-8243-2]
RIN 2060-AN96


Standards of Performance for Industrial-Commercial-Institutional 
Steam Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: New source performance standards (NSPS) limiting emissions of, 
among other pollutants, nitrogen oxides (NOX) from 
industrial-commercial-institutional steam generating units capable of 
combusting more than 100 million British thermal units (Btu) per hour 
were promulgated on November 25, 1986. The standards limit 
NOX emissions from the combustion of fossil fuels either 
solely or in combination with other fuels or wastes. The standards 
include provisions for the establishment of facility-specific 
NOX standards for steam generating units which 
simultaneously combust fossil fuel and chemical byproduct/waste under 
certain conditions. This amendment promulgates a facility-specific 
NOX standard for a steam generating unit which 
simultaneously combusts fossil fuel and chemical byproduct offgas at 
the Innovene USA LLC facility located in Lima, Ohio.

DATES: This direct final rule will be effective on January 16, 2007 
without further notice, unless EPA receives material adverse comments 
by December 18, 2006, unless a hearing is requested by November 27, 
2006. If a timely hearing request is submitted, the hearing will be 
held on December 1, 2006 and we must receive written comments on or 
before January 2, 2007. If EPA receives such comments, it will publish 
a timely withdrawal in the Federal Register indicating the amendment is 
being withdrawn due to adverse comments.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0497, by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460. Please include a total of two 
copies.
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, 1301 Constitution Avenue, NW., Room B102, Washington, 
DC. Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0497. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 information that you 
consider to be CBI or otherwise protected through https://
www.regulations.gov, or e-mail. The https://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 https://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.
    Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the Air and Radiation 
Docket, EPA/DC,

[[Page 66682]]

EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to visit the Public Reading Room to 
view documents. Consult EPA's Federal Register notice at 71 FR 38147 
(July 5, 2006) or the EPA Web site at https://www.epa.gov/epahome/
dockets.htm for current information on docket status, locations, and 
telephone numbers. The Docket Center's mailing address for U.S. mail 
and the procedure for submitting comments to https://
www.regulations.gov are not affected by the flooding and will remain 
the same.


FOR FURTHER INFORMATION CONTACT: Mr. James A. Eddinger, Energy 
Strategies Group, Emission Standards Division (D243-01), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number (919) 541-5426; facsimile number (919) 541-
5450; electronic mail address eddinger.jim@epa.gov.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. The only regulated entity that will be affected 
by this direct final rule amendment is the Innovene USA facility 
located in Lima, Ohio.
    Comments. We are publishing this direct final rule without prior 
proposal because we view it as noncontroversial and do not anticipate 
adverse comments. However, in the Proposed Rules section of today's 
Federal Register, we are publishing a separate document that will serve 
as the proposal in the event that adverse comments are filed. If we 
receive any adverse comments on a specific element of this direct final 
rule, we will publish a timely withdrawal in the Federal Register 
informing the public that the amendment is being withdrawn due to 
adverse comment. We will address all public comments in a subsequent 
final rule based on the proposed rule. The amendment in this direct 
final rule will become effective on the date set out above if we do not 
receive adverse comment. We will not institute a second comment period 
on this direct final rule. Any parties interested in commenting must do 
so at this time.
    World Wide Web (WWW). In addition to being available in the docket, 
electronic copies of this direct final rule will be posted on the 
Technology Transfer Network's (TTN) policy and guidance information 
page https://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(CAA), judicial review of this direct final rule is available only on 
the filing of a petition for review in the U.S. Court of Appeals for 
the District of Columbia Circuit by January 16, 2007. Under section 
307(d)(7)(B) of the CAA, only an objection to this direct final rule 
that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements that are subject to this 
action may not be challenged later in civil or criminal proceedings 
brought by EPA to enforce these requirements.
    Organization of This Document. The following outline is provided to 
aid in locating information in this preamble.

I. Background
II. What Is EPA Finalizing Under This Action?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

    The objective of the NSPS, promulgated on November 25, 1986, is to 
limit NOX emissions from the combustion of fossil fuel. For 
steam generating units combusting byproduct/waste, the requirements of 
the NSPS vary depending on the mode of operation of the steam 
generating units. During periods when only fossil fuel is combusted, 
the steam generating unit must comply with the NOX emission 
limits in the NSPS for fossil fuel. During periods when only byproduct/
waste is combusted, the steam generating unit may be subject to other 
requirements or regulations which limit NOX emissions, but 
it is not subject to NOX emission limits under the NSPS. In 
addition, if the steam generating unit is subject to federally 
enforceable permit conditions limiting the amount of fossil fuel 
combusted in the steam generating unit to an annual capacity factor of 
10 percent or less, the steam generating unit is not subject to 
NOX emission limits under the NSPS when it simultaneously 
combusts fossil fuel and byproduct/waste.
    With the exception noted above, during periods when fossil fuel and 
byproduct/waste are simultaneously combusted in a steam generating 
unit, the unit must generally comply with NOX emission 
limits under 40 CFR 60.44b(e) of the NSPS. Under 40 CFR 60.44b(e) the 
applicable NOX emission limit depends on the nature of the 
byproduct/waste combusted. In some situations, however, ``facility-
specific'' NOX emission limits developed under 40 CFR 
60.44b(f) may apply. The order for determining which NOX 
emission limit applies is as follows. A steam generating unit 
simultaneously combusting fossil fuel and byproduct/waste is expected 
to comply with the NOX emission limit under 40 CFR 
60.44b(e); only in a few situations may NOX emission limits 
developed under 40 CFR 60.44b(f) apply. An equation in 40 CFR 60.44b(e) 
is included to determine the NOX emission limit applicable 
to a steam generating unit when it simultaneously combusts fossil fuel 
and byproduct/ waste.
    Only where a steam generating unit which simultaneously combusts 
fossil fuel and byproduct/waste is unable to comply with the 
NOX emission limit determined under 40 CFR 60.44b(e), might 
a facility-specific NOX emission limit under 40 CFR 
60.44b(f) apply. That section permits a steam generating unit to 
petition the Administrator for a facility-specific NOX 
emission limit. A facility-specific NOX emission limit will 
be proposed and promulgated by the Administrator for the steam 
generating unit only where the petition is judged to be complete. To be 
considered complete, a petition for a facility-specific NOX 
standard under 40 CFR 60.44b(f) consists of three components. To 
satisfy the first component, the steam generating unit must demonstrate 
compliance with the NOX emission limit when combusting 
fossil fuel alone. This provision ensures that the steam generating 
unit has installed best demonstrated NOX control technology, 
identified the NOX control technology, and identified the 
manner in which this technology is operated to achieve compliance with 
the NOX emission limit for fossil fuel.
    To satisfy the second component, the steam generating unit must 
demonstrate

[[Page 66683]]

that the NOX control technology does not comply with the 
NOX emission limit when the unit simultaneously combusts 
fossil fuel and chemical byproduct/ waste. The unit must demonstrate 
this non-compliance under the same operating conditions used to 
demonstrate compliance with fossil fuel alone. In addition, the steam 
generating unit must identify what unique and specific properties of 
the chemical byproduct/waste are responsible for preventing compliance 
with the NOX emission limit for fossil fuel. Byproduct/waste 
is defined in subpart Db as being a liquid or gaseous substance.
    Thirdly, the steam generating unit must provide data and/or 
analyses to support a facility-specific NOX standard that 
represents the emissions while simultaneously combusting fossil fuel 
and chemical byproduct/waste. The unit must perform these analyses 
while operating the NOX control technology under the same 
conditions used to demonstrate compliance with the NOX 
emission limit for fossil fuel, if only fossil fuel were combusted. In 
addition to identifying the NOX emission limit, the unit 
must identify appropriate testing, monitoring, reporting and 
recordkeeping procedures to ensure proper operation of the 
NOX control technology and minimize NOX emissions 
at all times.
    Upon receipt of a complete petition, the Administrator will propose 
a facility-specific NOX standard for the steam generating 
applicable during those times when it simultaneously combusts chemical 
byproduct/waste with fossil fuel. The NOX standard will 
include the NOX emission limit(s) and/or operating parameter 
limit(s) to ensure proper operation of the NOX control 
technology at all times, as well as appropriate testing, monitoring, 
reporting and recordkeeping requirements.
    Innovene USA LLC has submitted a petition requesting that EPA adopt 
a facility-specific NOX standard for the absorber offgas 
incinerator (AOGI) at its acrylonitrile production process facility in 
Lima, Ohio. The AOGI contains a steam generating heat recovery section 
which qualifies the AOGI as a steam generating unit subject to NSPS 
subpart Db. The AOGI combusts natural gas to incinerate the offgas from 
the reactor and absorber section of the acrylonitrile production 
process. The AOGI was installed to destroy the volatile organic 
compounds and hazardous air pollutants (HAP) in the vent stream 
generated by the acrylonitrile manufacturing process. While the AOGI is 
designed to comply with Subpart Db while firing natural gas, the 
combustion of the offgas with natural gas in the AOGI results in a 
NOX emission rate in excess of the NSPS limit.

II. What Is EPA Finalizing Under This Action?

    Based on a review of the Innovene USA's petition for an alternative 
NOX standard, EPA's Office of Air Quality Planning and 
Standards has determined the petition to be complete and an alternative 
facility-specific standard to be appropriate. This determination is 
appropriate because the AOGI is designed to minimize the formation of 
NOX from the combustion of the fuel as well as the formation 
of NOX generated by the nitrogen bound organic compounds in 
the offgas. The alternative NOX standard is based on 
analysis of NOX emissions continuously monitored during 
operation of the AOGI while burning the offgas. An alternative 
NOX standard of 1.5 pounds per million Btu heat input is 
provided in the final rule amendment. EPA also indicates reporting and 
recordkeeping requirements for the owner or operator of the AOGI.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action imposes no new information collection requirements on 
the industry. Because there is no additional burden on the industry as 
a result of this action, the information collection requests have not 
been revised. However, the Office of Management and Budget (OMB) has 
previously approved the information collection requirements contained 
in the existing regulations 40 CFR Part 60, Subpart Db under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0072, EPA ICR number 1088.10. A 
copy of the OMB approved Information Collection Request (ICR) may be 
obtained from Susan Auby, Collection Strategies Division; U.S. 
Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., 
Washington, DC 20460 or by calling (202) 566-1672.
    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 our 
regulations are listed in 40 CFR part 9 and 40 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute 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 organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the direct final rule on 
small entities, small entity is defined as: (1) A small business whose 
parent company has fewer than 100 or 1,000 employees, or fewer than 4 
billion kilowatt-hr per year of electricity usage, depending on the 
size definition for the affected North American Industry Classification 
System code; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise that is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of the direct final rule on 
small entities, we certify that this action will not have a significant 
economic impact on a substantial number of small entities. This direct 
final rule will not impose any requirements on small entities because 
it does not impose any additional regulatory requirements.

[[Page 66684]]

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 by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
1 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 objective 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 this final rule an explanation 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 our regulatory proposals with 
significant Federal intergovernmental mandates, and informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    EPA has determined that this direct final rule amendment does not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year, nor does this direct 
final rule significantly or uniquely impact small governments, because 
it contains no requirements that apply to such governments or impose 
obligations upon them. Thus, the requirements of sections 202 and 205 
of the UMRA do not apply to the direct final rule.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires us 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'' are 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 direct final rule does not have federalism implications. It 
will not have new 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. This action codifies 
a facility-specific NOX standard. There are minimal, if any, 
impacts associated with this action. Thus, Executive Order 13132 does 
not apply to the direct final rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 6, 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 direct final rule does not have tribal implications. It will 
not have substantial direct effects on tribal governments, 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, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to the direct final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045 (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 we have reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we 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 we considered.
    We interpret Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This direct final rule is 
not subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This direct final rule is not subject to Executive Order 13211 (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 (NTTAA) of 1995 (Public Law 104-113; 15 U.S.C. 272 note) directs 
EPA to use voluntary consensus standards in our regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to OMB, with explanations when an 
agency does not use available and applicable voluntary consensus 
standards.
    These direct final rule amendments do not involve technical 
standards. Therefore, this direct final rule is not subject to NTTAA.

J. Congressional Review Act

    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 
direct final 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 this direct final rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register.

[[Page 66685]]

This direct final rule is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2). The direct final rule amendments are effective on 
January 16, 2007.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: November 9, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 60 of 
the Code of Federal Regulations is amended to read as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Db--[Amended]

0
2. Section 60.49b is amended by adding paragraph (y) to read as 
follows:


Sec.  60.49b  Reporting and recordkeeping requirements.

* * * * *
    (y) Facility-specific nitrogen oxides standard for Innovene USA's 
AOGI located in Lima, Ohio:
    (1) Standard for nitrogen oxides. (i) When fossil fuel alone is 
combusted, the nitrogen oxides emission limit for fossil fuel in Sec.  
60.44b(a) applies.
    (ii) When fossil fuel and chemical byproduct/waste are 
simultaneously combusted, the nitrogen oxides emission limit is 645 ng/
J (1.5 lb/million Btu).
    (2) Emission monitoring for nitrogen oxides. (i) The nitrogen 
oxides emissions shall be determined by the compliance and performance 
test methods and procedures for nitrogen oxides in Sec.  60.46b.
    (ii) The monitoring of the nitrogen oxides emissions shall be 
performed in accordance with Sec.  60.48b.
    (3) Reporting and recordkeeping requirements. (i) The owner or 
operator of the AOGI shall submit a report on any excursions from the 
limits required by paragraph (x)(2) of this section to the 
Administrator with the quarterly report required by paragraph (i) of 
this section.
    (ii) The owner or operator of the AOGI shall keep records of the 
monitoring required by paragraph (x)(3) of this section for a period of 
2 years following the date of such record.
    (iii) The owner or operator of the AOGI shall perform all the 
applicable reporting and recordkeeping requirements of this section.

[FR Doc. E6-19386 Filed 11-15-06; 8:45 am]
BILLING CODE 6560-50-P