Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act, 36304-36371 [2019-14252]

Download as PDF 36304 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules 40 CFR Part 63 [EPA–HQ–OAR–2019–0282; FRL–9996–00– OAR] RIN 2060–AM75 Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act Environmental Protection Agency (EPA). ACTION: Proposed rule. jbell on DSK3GLQ082PROD with PROPOSALS3 AGENCY: SUMMARY: The Environmental Protection Agency (EPA) is proposing amendments to the General Provisions to the National Emission Standards for Hazardous Air Pollutants (NESHAP). The proposed amendments implement the plain language reading of the ‘‘major source’’ and ‘‘area source’’ definitions of section 112 of the Clean Air Act (CAA) and provide that a major source can reclassify to area source status at any time by limiting its potential to emit (PTE) hazardous air pollutants (HAP) to below the major source thresholds of 10 tons per year (tpy) of any single HAP or 25 tpy of any combination of HAP. The EPA is proposing that PTE HAP limits must meet the proposed effectiveness criteria of being legally and practicably enforceable. The proposal also clarifies the requirements that apply to sources choosing to reclassify to area source status after the first substantive compliance date of an applicable NESHAP standard. The EPA is proposing electronic notification when a source reclassifies. We are also proposing to revise provisions in specific NESHAP standards that specify the applicability of General Provisions requirements to account for the regulatory provisions we are proposing to add through this rule. DATES: Comments. Comments must be received on or before September 24, 2019. Public hearing. The EPA is planning to hold at least one public hearing in response to this proposed action. Information about the hearing, including location, date, and time, along with instructions on how to register to speak at the hearing, will be published in a second Federal Register document and posted at https://www.epa.gov/ stationary-sources-air-pollution/ reclassification-major-sources-areasources-under-section-112-clean. See SUPPLEMENTARY INFORMATION for information on registering and attending a public hearing. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 You may send comments, identified by Docket ID No. EPA–HQ– OAR–2019–0282, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2019–0282 in the subject line of the message. • Fax: (202) 566–9744. Attention Docket ID No. EPA–HQ–OAR–2019– 0282. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA–HQ–OAR–2019– 0282, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand/Courier Delivery: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operation are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal holidays). Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For questions about this proposed action, contact Ms. Elineth Torres, Sector Policies and Programs Division (D205– 02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–4347; fax number: (919) 541–4991; and email address: torres.elineth@epa.gov. SUPPLEMENTARY INFORMATION: Public hearing. The EPA is planning to hold at least one public hearing in response to this proposed action. Information about the hearing, including location, date, and time, along with instructions on how to register to speak at the hearing will be published in a second Federal Register document. Docket. The EPA has established a docket for this rulemaking under Docket ID No. EPA–HQ–OAR–2019–0282. All documents in the docket are listed in Regulations.gov. Although listed, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. ADDRESSES: ENVIRONMENTAL PROTECTION AGENCY PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically in Regulations.gov or in hard copy at the EPA Docket Center, Room 3334, WJC West Building, 1301 Constitution Avenue 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 EPA Docket Center is (202) 566– 1742. Instructions. Direct your comments to Docket ID No. EPA–HQ–OAR–2019– 0282. The 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 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 email. This type of information should be submitted by mail as discussed below. The EPA may publish any comment received to its public docket. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. The https://www.regulations.gov/ website allows you to submit your comment anonymously, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// www.regulations.gov/, your email 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, the EPA recommends that you include your name and other contact information in E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules the body of your comment and with any digital storage media you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should not include special characters or any form of encryption and be free of any defects or viruses. For additional information about the EPA’s public docket, visit the EPA’s Docket Center homepage at https://www.epa.gov/dockets. The EPA is expressly soliciting comment on numerous aspects of the proposed rule. The EPA has indexed each comment solicitation with an alpha-numeric identifier (e.g., ‘‘C–1,’’ ‘‘C–2,’’ ‘‘C–3’’) to provide a consistent framework for effective and efficient provision of comments. Accordingly, the EPA asks that commenters include the corresponding identifier when providing comments relevant to that comment solicitation. The EPA asks that commenters include the identifier in either a heading, or within the text of each comment (e.g., ‘‘In response to solicitation of comment C–1, . . .’’) to make clear which comment solicitation is being addressed. The EPA emphasizes that the Agency is not limiting comment to these identified areas and encourages submission of any other comments relevant to this proposal. Submitting CBI. Do not submit information containing CBI to the EPA through https://www.regulations.gov/ or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on any digital storage media that you mail to the EPA, mark the outside of the digital storage media as CBI and then identify electronically within the digital storage media the specific information that is claimed as CBI. In addition to one complete version of the comments that includes information claimed as CBI, you must submit a copy of the comments that does not contain the information claimed as CBI directly to the public docket through the procedures outlined in Instructions above. If you submit any digital storage media that does not contain CBI, mark the outside of the digital storage media clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and the EPA’s electronic public docket without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver information identified as CBI only to the following address: OAQPS Document Control Officer (C404–02), OAQPS, U.S. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID No. EPA– HQ–OAR–2019–0282. Preamble acronyms and abbreviations. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: CAA Clean Air Act CAM compliance assurance monitoring CBI Confidential Business Information CEDRI Compliance and Emissions Data Reporting Interface CEMS continuous emission monitoring system CFR Code of Federal Regulations EAV equivalent annualized value EIA economic impact analysis EPA Environmental Protection Agency FESOP federally enforceable state operating permit FIP Federal Implementation Plan HAP hazardous air pollutant(s) MACT maximum achievable control technology MM2A Major MACT to Area MRR monitoring, recordkeeping, and reporting NESHAP national emission standards for hazardous air pollutants NMA National Mining Association NSPS new source performance standards NSR New Source Review NTTAA National Technology Transfer and Advancement Act OIAI Once In, Always In OMB Office of Management and Budget P2 pollution prevention PRA Paperwork Reduction Act PSD prevention of significant deterioration PTE potential to emit PV present value RFA Regulatory Flexibility Act RIA Regulatory Impact Analysis RTR risk and technology review SBA Small Business Administration SIP State Implementation Plan TIP Tribal Implementation Plan tpy tons per year UMRA Unfunded Mandates Reform Act VOC volatile organic compound(s) Organization of this document. The information in this preamble is organized as follows: I. Executive Summary A. Purpose of the Regulatory Action B. Summary of the Major Provisions of the Regulatory Action C. Costs and Benefits II. General Information A. Does this proposed action apply to me? B. Where can I get a copy of this document and other related information? C. What should I consider as I prepare my comments for the EPA? III. Basis for the Proposed Action A. Prior Agency Actions B. Statutory Authority C. Role of the PTE Definition in the Regulation of Major Sources PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 36305 D. Issues Not Resolved by the Statute or Existing Regulations IV. Considerations for Sources Seeking Reclassification From Major to Area Source Status A. PTE Determination Considerations B. Criteria for Effective HAP PTE Limits C. Permitting Considerations D. SIP Considerations V. Proposed Regulatory Changes A. Proposed Changes to 40 CFR Part 63, Subpart A: General Provisions B. Proposed Changes to Individual NESHAP General Provisions Applicability Tables C. Proposed Changes to Individual NESHAP VI. Impacts of Proposed Amendments VII. Request for Comments VIII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTAA) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations L. Determination Under CAA Section 307(d) I. Executive Summary A. Purpose of the Regulatory Action On January 25, 2018, the EPA issued a guidance memorandum titled ‘‘Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act’’ (Major Maximum Achievable Control Technology (MACT) to Area, or MM2A) memorandum. The memorandum discusses the statutory provisions that govern when a major source subject to a major source standard under section 112 of the CAA may be reclassified as an area source, and thereby avoid being subject to major source requirements. The proposed amendments to the General Provisions of the NESHAP regulations in 40 CFR part 63, subpart A implement the plain language reading of the ‘‘major source’’ and ‘‘area source’’ definitions of section 112 of the CAA and provide that a major E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36306 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules source can reclassify to area source status at any time by limiting its potential to emit HAP to below the major source thresholds of 10 tpy of any single HAP or 25 tpy of any combination of HAP. The proposal also clarifies the requirements that apply to sources choosing to reclassify to area source status after the first substantive compliance date of an applicable NESHAP standard (also ‘‘CAA section 112 requirements’’ or ‘‘requirements’’). Further, we propose to amend the definition of ‘‘potential to emit’’ in the General Provisions of the NESHAP regulations to address a Court decision remanding the definition to the EPA. Under the current definition in 40 CFR 63.2, any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. In 1995, the United States Court of Appeals for the District of Columbia Circuit issued a decision in National Mining Association (NMA) v. EPA, 59 F.3d 1351 (D.C. Cir. 1995), in which it remanded the definition of ‘‘potential to emit’’ found in 40 CFR 63.2. In the NMA decision, the Court stated that the Agency had not adequately explained how ‘‘federal enforceability’’ furthered effectiveness. 59 F.3d at 1363–1365. In this action, the EPA is proposing specific criteria that HAP PTE limits must meet for these limits to be effective in ensuring that a source would not emit above the PTE limits. The EPA is proposing to amend the definition of ‘‘potential to emit’’ in 40 CFR 63.2, accordingly, by removing the requirement for federally enforceable PTE limits and requiring instead that HAP PTE limits meet the effectiveness criteria of being both legally enforceable and practicably enforceable. To ensure the EPA and the public is aware of the universe of sources that reclassify from major source to area source status, we propose to amend the current notification requirements in 40 CFR 63.9(b) and (j)(9) to require the notifications to be submitted electronically. This proposal also responds to questions received after the issuance of the MM2A memorandum and requests comment on issues relevant to implementation of the plain language reading of the statute. In addition, this proposal revises the General Provisions applicability tables in specific NESHAP standards to reflect VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 the proposed changes to the General Provisions requirements. This proposal is intended to provide clarity and certainty to stakeholders and the public regarding the reclassification process. B. Summary of the Major Provisions of the Regulatory Action The EPA is proposing to amend the applicability section found in 40 CFR 63.1 by adding a new paragraph (c)(6). This paragraph will specify that a major source can become an area source at any time by limiting its HAP PTE to below the major source thresholds established in 40 CFR 63.2. The EPA is also proposing to amend the definition of ‘‘potential to emit’’ in 40 CFR 63.2 to remove the requirement that limits on emissions be federally enforceable and instead require that any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is legally and practicably enforceable (i.e., ‘‘effective’’). The EPA is also proposing to include in 40 CFR 63.2 the definitions of legally and practicably enforceable. By proposing this amendment, the EPA is allowing for the use of non-federally enforceable limits (e.g., state only enforceable limits) to be recognized as effective in limiting a source’s potential to emit for purposes of CAA section 112 applicability provided those limits are legally and practicably enforceable. To address the issue of compliance time frames for sources that reclassify from major source status to area source status after the first substantive compliance date of an applicable major source NESHAP standard, we are proposing regulatory text in the new provision at 40 CFR 63.1(c)(6)(i) under which major sources that reclassify to area source status become subject to applicable area source requirements in 40 CFR part 63 immediately upon becoming an area source in those situations where the first substantive compliance date of the area source requirements has passed. For sources that reclassify from major to area source status and then revert back to their previous major source status, the EPA is proposing to add a new provision in 40 CFR 63.1(c)(6)(ii)(A) to specify that upon reverting back to major source status, a source must meet the major source NESHAP requirements at the time that those requirements again become applicable to the source. The PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 EPA is proposing to add a new provision at 40 CFR 63.1(c)(6)(iii) to address the interaction of the reclassification of sources with enforcement actions arising from violations that occurred while the source was a major source subject to major source requirements. Specifically, we are proposing that status reclassification from major source to area source does not affect a source’s liability or any enforcement investigations or enforcement actions for a source’s past violations of major source requirements that occurred prior to the source’s reclassification. The EPA is proposing to amend the notification requirements in 40 CFR 63.9(b) so that an owner or operator of a facility that reclassifies must notify the Administrator of any standards to which it becomes subject. With this amendment, the notification requirements of 40 CFR 63.9 will cover both situations where a source switches from major to area source status, and where a source switches from major, to area, and back to major source status. The EPA is also proposing to clarify that a source that reclassifies must notify the EPA of any changes in the applicability of the standards that the source was subject to per the notification requirements of 40 CFR 63.9(j). The EPA is also proposing to amend the notification requirements in 40 CFR 63.9(b) and (j) to require the notification be submitted electronically through the Compliance and Emissions Data Reporting Interface (CEDRI). The EPA is also proposing to amend the General Provisions to add 40 CFR 63.9(k) to include the CEDRI submission procedures. The EPA is also proposing to remove the time limit for record retention in 40 CFR 63.10(b)(3) so sources that obtain new legally and practicably enforceable PTE limits are required to keep the required records until the source becomes subject to major source NESHAP requirements. The EPA is also proposing to amend 40 CFR 63.12(c) to clarify that a source may not be exempted from electronic reporting requirements. The EPA is proposing to amend the General Provisions applicability tables contained within most subparts of 40 CFR part 63 to add a reference to a new proposed paragraph 63.1(c)(6) discussed above. The EPA has identified one general category of regulatory provisions in several NESHAP subparts that include a date by which a major source can become an area source. Accordingly, in this action we are proposing to revise these provisions by removing such date limitations. The provisions we are proposing to revise E:\FR\FM\26JYP3.SGM 26JYP3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules are: 40 CFR part 63, subpart QQQ at 63.1441; 40 CFR part 63, subpart QQQQQ at 63.9485; 40 CFR part 63, subpart RRRRR at 63.9581; and Table 2 of 40 CFR part 63, subpart WWWW. We are also proposing to revise several area source NESHAP subparts that include a specific date for an existing source to submit the initial notification because the date specified in the regulations has passed. The provisions we are proposing to revise are: 40 CFR part 63, subpart HHHHHH at 63.11175; 40 CFR part 63, subpart XXXXXX at 63.11519; 40 CFR part 63, subpart AAAAAAA at 63.11564; 40 CFR part 63, subpart BBBBBBB at 63.11585; and 40 CFR part 63, subpart CCCCCCC at 63.11603. We request comments on whether there are other NESHAP subparts that contain the same type of general provisions of those discussed above that will need to be revised (Comment C–1).1 C. Costs and Benefits The EPA projects that this proposed action may result in substantial cost savings based on illustrative estimates of its reduced administrative burden. Other changes in costs, such as from changes in control device operation and maintenance in response to this proposed action, are not estimated due to lack of information. To assess potential changes in emissions, we analyzed the reclassification of 34 sources and also performed an illustrative analysis of six source categories in detail; however, due to limited information on how emissions changes could take place across the broad array of HAP emissions sources, we are unable to provide precise estimates of changes in emissions for all source categories that could be impacted by this action. Due to the uncertainties in determining precise emission impacts, we are providing a qualitative assessment of benefits that may result from this proposed action. The illustrative cost saving impacts of this proposed regulation are estimated for all sources that could potentially reclassify from major source status to area source status under section 112 of the CAA for the 2 years after promulgation of this action. The impacts presented in the preamble reflect those estimated from the illustrative cost saving analysis of the primary scenario, which for analytical purposes is defined as only those facilities whose actual emissions are below 75 percent of the major source thresholds (7.5 tpy for a single HAP and 18.75 tpy for all HAP) that could potentially reclassify from major to area source status, a scenario that is further described in section VI of this preamble 36307 and the Regulatory Impact Analysis (RIA) that is available in the docket for this action. The RIA also presents two other alternative scenarios to provide a range of estimated cost savings.2 All impacts are estimated compared to a baseline in which all promulgated regulations to limit HAP emissions under section 112 of the CAA are in place and includes implementation of the 1995 Once In, Always In (OIAI) policy. Results are presented as the present value (PV) and equivalent annualized value (EAV) of the cost savings of the proposed action in 2016 dollars. The PV is the one-time value of a stream of impacts over time, discounted to the current (or nearly current) day. The EAV is a measure of the annual cost that is calculated consistent with the PV. The cost savings of the proposed action in 2014 dollars are also presented later in this preamble and in the RIA. A summary of key results from the proposed action presented as shown in the RIA can be found in Table 1. This table presents the PV and EAV, estimated in 2016 dollars using discount rates of 7 and 3 percent, and discounted to 2016, of the cost savings of the proposed action. Yearly estimates are presented for the second year after promulgation and subsequent years. TABLE 1—ANNUAL COST SAVINGS COMPARED TO THE BASELINE, FOR YEAR 2 [Including following years] [Billions 2016$] * Present value 7% Equivalent annualized value Present value 3% Equivalent annualized value $2.39 $0.17 $6.24 $0.19 Benefits (Cost Savings) ................................................................................... jbell on DSK3GLQ082PROD with PROPOSALS3 * The analytic timeline begins in 2020 and continues thereafter for an indefinite period. Year 1 impacts are those for 1 year after 2020, and Year 2 impacts are those for the second year after 2022 and annually afterwards. Impacts for year 2 are representative of impacts in subsequent years. Impacts are for the primary scenario analyzed for the proposal. To assess the potential for emission changes from the reclassification of major sources as area sources, the EPA evaluated the sources that the EPA knows have reclassified to area source status consistent with the EPA’s plain language reading of the CAA section 112 definitions of ‘‘major’’ and ‘‘area’’ source, since January 2018. The EPA reviewed permits associated to the reclassification of 34 sources. The EPA also performed an illustrative analysis of changes in emissions for six source categories covered by the proposed rule. In addition, the EPA also performed an illustrative analysis of control cost estimates under one alternative scenario for five source categories covered by the proposed rule. The assessment of the reclassifications and illustrative analyses are summarized in section VI of this preamble and presented in details in the Emission Impacts Analysis Technical Support Memorandum (TSM), the illustrative 125% Scenario Cost Considerations Memorandum and the RIA for the proposal that are available in the docket for this action. 1 The EPA notes that the regulatory provisions cited and discussed in this paragraph continue to be in effect. These provisions will remain in effect until such time as they are revised or removed by final agency action. 2 Alternative scenario 1 assumes that only those facilities whose actual emissions are below 50 percent of the major source thresholds (5 tpy for a single HAP and 12.5 tpy for all HAP) would reclassify from major to area source status. Alternative scenario 2 assumes that sources below 125 percent of the major source thresholds (12.5 tpy for a single HAP and 31.25 tpy for all HAP) would reclassify from major to area source status. Discussion of these scenarios and results can be found in the RIA for this proposal. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 II. General Information A. Does this proposed action apply to me? Categories and entities potentially impacted by this proposal include sources subject to NESHAP requirements under section 112 of the CAA. The proposed amendments, if promulgated, will be applicable to E:\FR\FM\26JYP3.SGM 26JYP3 36308 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules sources that reclassify from major source to area source status under section 112 of the CAA and sources that revert from their reclassified status as an area source resulting from this action to their previous major source status. Federal, state, local, and tribal governments may be affected by this action if they own or operate sources that choose to request reclassification from major source status to area source status or if they choose to subsequently revert to their major source status at some time in the future after such reclassification. The EPA is the permitting authority for issuing, rescinding, and amending permits for sources that request reclassification in Indian country, with four exceptions.3 State, local, or tribal regulatory authorities 4 may receive requests to issue new permits or make changes to existing permits for sources in their jurisdiction to address reclassification related activities (e.g., title V, synthetic minor permits, establishing limits on a source’s PTE). jbell on DSK3GLQ082PROD with PROPOSALS3 B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this proposal is available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this proposed action at https:// www.epa.gov/stationary-sources-airpollution/reclassification-majorsources-area-sources-under-section-112clean. Following publication in the Federal Register, the EPA will post the Federal Register version of the proposal and key documents at this same website. A redline version of the regulatory language that incorporates the proposed changes in this action is available in the docket for this action (Docket ID No. EPA–HQ–OAR–2019–0282). 3 Two tribes have approved title V programs or delegation of 40 CFR part 71. The tribes may have sources that request to no longer be covered by title V. Neither of these two tribes have approved minor source permitting programs but may in the future. In the meantime, the tribes will need to coordinate with the EPA, who is the permitting authority in Indian country for these requests. In addition, two other tribes have approved Tribal Implementation Plans (TIPs) authorizing the issuance of minor source permits. Only one of these tribes has a major source that would be eligible to request reclassification. If that source requests a new permit, the tribe may issue the minor source permit, but the EPA would need to be made aware of the request as the EPA is the permitting authority for title V. 4 The term regulatory authority is intended to be inclusive of the permitting authority or other governmental agency with authority to process reclassification requests and issuance of legally and practicably enforceable HAP PTE limits. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 C. What should I consider as I prepare my comments for the EPA? In 2007, the EPA issued a proposed rule to amend the General Provisions to the NESHAP. See 72 FR 69 (January 3, 2007). This new proposal supersedes and replaces the 2007 proposed rule. The EPA will not be responding to comments received on the 2007 proposal. While some aspects of this new proposal are similar to some aspects of the 2007 proposal, some aspects also differ from the 2007 proposal. To the extent that your comments on this new proposal are similar to or the same as comments submitted in 2007, you can restate those comments in the document that you prepare and submit on this proposal. Please do not resubmit 2007 comment documents or attach 2007 comment documents in what you submit on this proposal. The EPA is expressly soliciting comment on numerous aspects of the proposed rule. The EPA has indexed each comment solicitation with an alpha-numeric identifier (e.g., ‘‘C–1,’’ ‘‘C–2,’’ ‘‘C–3’’) to provide a consistent framework for effective and efficient provision of comments. Accordingly, the EPA asks that commenters include the corresponding identifier when providing comments relevant to that comment solicitation. The EPA asks that commenters include the identifier in either a heading, or within the text of each comment (e.g., ‘‘In response to solicitation of comment C–1, . . .’’) to make clear which comment solicitation is being addressed. The EPA emphasizes that the Agency is not limiting comment to these identified areas and encourages the submission of any other comments relevant to this proposal. III. Basis for the Proposed Action A. Prior Agency Actions Shortly after the EPA began implementing individual NESHAP standards resulting from the 1990 CAA Amendments, the Agency received multiple requests to clarify when a major source of HAP could avoid CAA section 112 requirements applicable to major sources by taking enforceable limits on its PTE below the major source thresholds. In response, the EPA issued, on May 16, 1995, a memorandum from John Seitz, Director of the Office of Air Quality Planning and Standards, to the EPA Regional Air Division Directors (the 1995 Seitz Memorandum).5 The 5 See ‘‘Potential to Emit for MACT StandardsGuidance on Timing Issues.’’ From John Seitz, Director, Office of Air Quality Planning and Standards, to the EPA Regional Air Division PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 1995 Seitz Memorandum provided guidance on three timing issues related to avoidance of CAA section 112 requirements for major sources: • ‘‘By what date must a facility limit its PTE if it wishes to avoid major source requirements of a MACT standard?’’ • ‘‘Is a facility that is required to comply with a MACT standard permanently subject to that standard?’’ • ‘‘In the case of facilities with two or more sources in different source categories: If such a facility is a major source for purposes of one MACT standard, is the facility necessarily a major source for purposes of subsequently promulgated MACT standards?’’ In the 1995 Seitz Memorandum, the EPA stated its interpretation of the relevant statutory language that facilities that are major sources of HAP may switch to area source status at any time until the ‘‘first compliance date’’ of the standard.6 Under this interpretation, facilities that are major sources on the first substantive compliance date of an applicable major source NESHAP were required to comply permanently with that major source standard even if the source was subsequently to become an area source by limiting its PTE. This position was commonly referred to as the ‘‘Once In, Always In’’ (OIAI) policy. The expressed basis for this OIAI policy was that this would help ensure that required reductions in HAP emissions were maintained over time. See 1995 Seitz Memorandum at 9 (‘‘A once in, always in policy ensures that MACT emissions reductions are permanent, and that the health and environmental protection provided by MACT standards is not undermined.’’). Finally, the 1995 Seitz Memorandum provided that a source that is major for one MACT standard would not be considered major for a subsequent MACT standard if the source’s potential to emit HAP emissions was reduced to below major source levels by complying with the first major source MACT standard. In the 1995 Seitz Memorandum, the EPA set forth transitional policy guidance that was intended to remain in effect only until the Agency proposed and promulgated amendments to the 40 CFR part 63 General Provisions. Directors. May 16, 1995, https://www.epa.gov/sites/ production/files/2018-02/documents/pteguid.pdf. 6 The ‘‘first substantive compliance date’’ is defined as the first date a source must comply with an emission limitation or other substantive regulatory requirement (i.e., leak detection and repair programs, work practice measures, etc. . . , but not a notice requirement) in the applicable standard. E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules After issuing the 1995 Seitz Memorandum, the EPA twice proposed regulatory amendments that would have altered the OIAI policy. In 2003, the EPA proposed amendments that focused on HAP emissions reductions resulting from pollution prevention (P2) activities. Apart from certain provisions associated with the EPA’s National Environmental Performance Track Program, a national voluntary program designed to recognize and encourage top environmental performers whose program participants go beyond compliance with regulatory requirements to attain levels of environmental performance that benefit people, communities, and the environment, that proposal was never finalized. See 68 FR 26249 (May 15, 2003); 69 FR 21737 (April 22, 2004). In 2007, the EPA issued a proposed rule to replace the OIAI policy set forth in the May 1995 Seitz Memorandum. 72 FR 69 (January 3, 2007). In that proposal, the EPA reviewed the provisions in CAA section 112 relevant to the OIAI policy interpretation, applicable regulatory language, stakeholder concerns, and potential implications. Id. at 71–74. Based on that review, the EPA proposed an interpretation of the relevant statutory language that a major source that is subject to a major source NESHAP would no longer be subject to that major source standard if the source were to become an area source through enforceable limitations on its PTE for each HAP. Id. at 72–73. Under the 2007 proposal, major sources could take such limits on their PTE and obtain ‘‘area source’’ status at any time and would not be limited to doing so only before the ‘‘first substantive compliance date,’’ as the OIAI policy provided.7 Id. at 70. The EPA did not take final action on this 2007 proposal. This proposal supersedes and replaces the 2007 proposed rule. Many commenters supporting the 2007 proposal expressed the view that, by imposing an artificial time limit on major sources obtaining area source status, the OIAI policy created a disincentive for sources to implement voluntary pollution abatement and prevention efforts, or to pursue technological innovations that would reduce HAP emissions further. Stakeholders commented to the EPA that the definitions in CAA section 112(a)(2) contain a single factor for distinguishing between major source 7 As provided in the 2007 proposal, ‘‘[p]rior to the effective date of the permit [that limits the emissions of HAP], the source must comply with the relevant major source MACT standard(s) and other conditions in its title V permit.’’ See 72 FR 76. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 and area source—the amount of HAP the source ‘‘emits’’ or ‘‘has the potential to emit.’’ Commenters further stated that the temporal limitation imposed by the OIAI policy was inconsistent with the CAA and created an arbitrary date by which sources must determine whether their HAP PTE will exceed either of the major source thresholds. These issues were re-emphasized in recent comments received per Executive Order 13777, Enforcing the Regulatory Reform Agenda (February 24, 2017), and the Presidential Memorandum on Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing (January 24, 2017). On January 25, 2018, the EPA issued a guidance memorandum from William L. Wehrum, Assistant Administrator of the Office of Air and Radiation, to the EPA Regional Air Division Directors titled ‘‘Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act’’ (MM2A Memorandum).8 The MM2A Memorandum discussed the statutory provisions that govern when a major source subject to major source NESHAP requirements under section 112 of the CAA may be reclassified as an area source, and thereby avoid being subject thereafter to major source NESHAP requirements and other requirements applicable to major sources under CAA section 112. In the MM2A Memorandum, the EPA discussed the plain language of CAA section 112(a) regarding Congress’s definitions of ‘‘major source’’ and ‘‘area source,’’ and determined that the OIAI policy articulated in the 1995 Seitz Memorandum is contrary to the plain language of the CAA and, therefore, must be withdrawn. In the MM2A Memorandum, the EPA announced the future publication of a proposed rule to receive input from the public on adding regulatory text consistent with the plain reading of the statute as described in the MM2A Memorandum. In this action, the EPA is proposing regulatory text to implement the plain language reading of the statute as discussed in the MM2A Memorandum, and this proposal supersedes and replaces the 2007 proposal. See 72 FR 69 (January 3, 2007). This proposal also addresses questions received after the issuance of the MM2A Memorandum. In the comments on the 2007 proposal, many stakeholders asserted that the implementation of this plain reading and withdrawal of the OIAI policy will incentivize stationary sources that have reduced HAP emissions to below major 8 See notice of issuance of this guidance memorandum at 83 FR 5543 (February 8, 2018). PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 36309 source thresholds to reclassify to area source status by taking enforceable PTE limits and reduce their compliance burden. These stakeholders also stated that sources with emissions above major source thresholds after complying with CAA section 112 major source requirements could be encouraged to evaluate their operations and consider additional changes that can further reduce their HAP emissions to below the major source thresholds. Overall, many stakeholders believed the implementation of the plain language reading of the statute will encourage sources to pursue pollution abatement efforts, including innovation in pollution reduction technologies, engineering, and work practices. Other stakeholders raised the concern that allowing sources to reclassify could potentially result in emission increases from sources that have reduced their actual emissions to below the major source thresholds because they have had to comply with major source NESHAP requirements. We solicit comment on all aspects of this proposal, including the EPA’s position that the withdrawal of the OIAI policy and the proposed approach gives proper effect to the statutory definitions of ‘‘major source’’ and ‘‘area source’’ in CAA section 112(a) and is consistent with the plain language and structure of the CAA as well as the impacts of the proposal on costs, benefits, and emissions impacts (Comment C–2). B. Statutory Authority CAA section 112 distinguishes between major and area sources of HAP emissions. Major sources are larger sources of air emissions than area sources and, generally, different requirements apply to major sources and area sources. For some HAP source categories, the EPA has promulgated requirements for only major sources, and HAP emissions from area sources in that source category are not regulated under the NESHAP program. Whether a source is a ‘‘major source’’ or an ‘‘area source’’ depends on the amount of HAP emitted by the source based on its actual or potential emissions. Congress defined ‘‘major source’’ to mean a source that emits or has the potential to emit at or above either of the statutory thresholds of 10 tpy of any one HAP or 25 tpy of total HAP. CAA section 112(a)(1). An ‘‘area source’’ is defined as any source of HAP that is not a major source. CAA section 112(a)(2). If a source does not emit or does not have the potential to emit at or above either of the major source thresholds, then it is an ‘‘area source.’’ The statutory definitions of ‘‘major E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36310 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules source’’ and ‘‘area source’’ do not contain any language that fixes a source’s status as a major source or area source at any particular point in time, nor do they otherwise contain any language suggesting that there is a cutoff date after which a source’s status cannot change. Congress did, however, create a distinction based on timing in CAA section 112 in defining and creating provisions related to ‘‘new sources’’ and ‘‘existing sources.’’ Specifically, Congress defined ‘‘new source’’ to mean a source that is constructed or reconstructed after the EPA first proposes regulations covering the source. CAA section 112(a)(4). An ‘‘existing source’’ is defined as any source other than a new source. CAA section 112(a)(10). A source will be subject to different requirements depending on whether it is a new source or an existing source. See, e.g., CAA section 112(d)(3) (identifying different minimum levels of stringency (known as ‘‘MACT floors’’) for new and existing sources). The emissions-based distinction (arising from the definitions of major source and area source) and the timingbased distinction (arising from the definitions of new source and existing source) are independent, and neither is tied to the other. For example, the statutory definition of ‘‘major source’’ does not provide that major source status is determined based on a source’s emissions or PTE as of the date that the EPA first proposes regulations applicable to that source or any other point in time. As noted above, the plain language of the ‘‘major source’’ and ‘‘area source’’ definitions create a distinction that is based solely on amount of emissions and PTE, and not timing. Similarly, with respect to the timing-based distinction, a source is a ‘‘new source’’ or an ‘‘existing source’’ based entirely on the timing of its construction or reconstruction and without consideration of its actual emissions or PTE. The contrast between the temporal distinction in the contrasting definitions of existing and new sources on the one hand, and the absence of any temporal dimension to the contrasting definitions of major and area sources on the other, is further evidence that Congress did not intend to place a temporal limitation on a source’s ability to be classified as an area source (including a source’s ability to be classified as an area source through the permitting authority’s ‘‘considering controls’’ that may have been imposed after the source was initially classified as major). VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 Notwithstanding the independence of the two distinctions that the statute created based on amount of emissions and timing (and without addressing that independence or otherwise addressing the plain language of the statutory definitions of ‘‘major source’’ and ‘‘area source’’), the EPA issued the May 1995 Seitz Memorandum, which set forth the OIAI policy. Under the OIAI policy, a source’s status as a major source for the purpose of applying a specific major source MACT standard issued under the requirements of CAA section 112 is unalterably fixed on the first substantive compliance date of the specific applicable major source requirements. Thus, a source that was a major source on that first compliance date would continue to be subject to the major source requirements for that specific NESHAP even if the source reduced its PTE to below the statutory thresholds in the definition of ‘‘major source,’’ and, thus, fell within the definition of ‘‘area source.’’ On January 25, 2018, the EPA issued a guidance memorandum titled ‘‘Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act,’’ signed by William L. Wehrum, Assistant Administrator of EPA’s Office of Air and Radiation (MM2A Memorandum). The MM2A Memorandum discussed the statutory definitions of ‘‘major source’’ and ‘‘area source’’ and explained that the OIAI policy articulated in the May 1995 Seitz Memorandum was contrary to the plain language of the CAA, and, therefore, must be withdrawn. As discussed above, Congress expressly defined the terms ‘‘major source’’ and ‘‘area source’’ in CAA section 112(a) in unambiguous language. Nonetheless, under the OIAI policy, a source that reduced its PTE to below the statutory thresholds for major source status after the relevant compliance date would nevertheless continue to be subject to the requirements applicable to major sources. This policy was applied notwithstanding that the statutory definitions of ‘‘major source’’ and ‘‘area source’’ lack any reference to the compliance date of major source requirements or any other text that indicates a time limit for changing between major source status and area source status. In short, Congress placed no temporal limitations on the determination of whether a source emits or has the potential to emit HAP in sufficient quantity to be a major source under CAA section 112. Because, the OIAI policy imposed such a temporal limitation (before the ‘‘first compliance date’’), the EPA had no authority for the PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 OIAI policy under the plain language of the CAA. Under the plain language of the statute, a major source that takes enforceable limits on its PTE to bring its HAP emissions below the CAA section 112 major source thresholds, no matter when it may choose to do so, becomes an area source under the plain language of the statute. We are proposing to make clear in this rulemaking that such a source, now having area source status, will not be subject to the CAA section 112 requirements applicable to the source as a major source under CAA section 112—so long as the source’s actual and PTE HAP remains below the CAA section 112 thresholds—and will instead be subject to any applicable area source requirements. A discussion of the statutory definitions of ‘‘new source’’ and ‘‘existing source’’ in CAA section 112(a)(4) and (a)(10) further demonstrates that the OIAI policy was inconsistent with the language of the statute. As discussed above, the major source/area source distinction and the new source/existing source distinction are two separate and independent features of the statute. Significantly, the statutory definitions of ‘‘new source’’ and ‘‘existing source’’ dictate that the new source/existing source distinction is determined by when a source commences construction or reconstruction and say nothing about the source’s volume of emissions. No one can reasonably suggest that this silence concerning volume of emissions indicates that Congress intended to give the EPA the discretion to conclude that sources should be classified as new or existing based, in part, on how much they emit. For example, if the EPA were to say that a source is only a new source if it both (1) commences construction after regulations are first proposed (as stated in CAA section 112(a)(4)), and (2) emits more than 20 tpy of any single HAP (which is not stated anywhere in the statute), that second element would be contrary to the plain language of the statute. Similarly, the OIAI policy of considering timing matters as part of the major source/area source distinction is contrary to the plain language of the statute, because it interjects timing matters into the major/area distinction when Congress provided that such distinction would be based only on the source’s actual and potential emissions. Some interested parties assert that the EPA’s plain language reading of the definitions of ‘‘major source’’ and ‘‘area source’’ is contradicted by CAA section 112(i)(3)(A). Specifically, they contend that the first phrase in CAA section 112(i)(3)(A) precludes a major source from reclassifying to area source status E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules after the source has become subject to a major source standard, and that this statutory text compels the OIAI policy. The EPA disagrees with this contention and is taking comment on the following analysis. The first phrase in CAA section 112(i)(3)(A) states: ‘‘After the effective date of any emissions standard, limitation or regulation promulgated under this section and applicable to a source, no person may operate such source in violation of such standard, limitation or regulation. . . .’’ The EPA reads this phrase to have the same meaning as similar ‘‘effective date’’ provisions in the CAA, such as CAA section 111(e), notwithstanding that CAA section 112(i)(3)(A) has somewhat different phrasing. In short, this text simply provides that, after the effective date of a CAA section 112 rule, sources to which a standard is applicable must comply with that standard. This text is not reasonably read to say that, once a standard is applicable to a source, that standard continues to be applicable to the source for all time, even if the source’s potential to emit changes such that it no longer meets the applicability criteria for the standard. Such a reading would produce some odd results. For example, if the first phrase in CAA section 112(i)(3)(A) were read to say that a source’s applicable requirements are determined at the point in time that a source first becomes subject to CAA section 112 requirements, then a source that was initially an area source would continue to be subject to area source requirements even if that source increased its potential to emit above either of the major source thresholds. The EPA’s reading is that an area source that actually emits or increases its PTE above either of the major source thresholds is subject to major source requirements. In sum, we are proposing to determine that the CAA section 112 definitions of ‘‘major source’’ and ‘‘area source’’ and the ‘‘effective date’’ provision in CAA section 112(i)(3)(A) are properly read together to say that sources must comply with the applicable requirements corresponding to their major source or area source status, and that if this status changes, then the source becomes subject to the requirements corresponding to its current status. Nothing in the structure of the CAA counsels against the plain language reading of the statute to allow major sources to become area sources after an applicable compliance date in a regulation, in the same way that they have long been able to become area sources before the applicable compliance date. Congress defined VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 major sources and area sources differently and established different provisions applicable for each. The OIAI policy, by contrast, created an artificial time limit that does not exist on the face of the statute by including a temporal limitation on when a major source could become an area source by limiting its PTE HAP. Some interested parties have pointed to various provisions in CAA section 112 in addition to CAA section 112(i)(3)(A) as demonstrating that the EPA’s plain language reading is contrary to the purposes and structure of CAA section 112. The EPA disagrees that these provisions are contrary to or inconsistent with EPA’s plain language reading, for the following reasons. First, some interested parties have pointed to CAA sections 112(c)(3) and (c)(6) as reflecting a Congressional intent for sources to be subject to continuous, permanent compliance with major-source standards and, thus, these provisions are inconsistent with the EPA’s plain language reading. But there is no real inconsistency here. Those provisions required the EPA to ensure that sources accounting for 90 percent of the emissions of specific pollutants were listed and regulated by November 2000. The premise of the argument based on CAA sections 112(c)(3) and (c)(6) is that these provisions do not simply require the EPA to list and regulate sufficient source categories to meet the 90 percent requirement at a given point in time; rather, they require that the EPA’s regulations ensure that 90 percent of emissions are subject to regulation on an ongoing basis. This is not a reasonable reading of what is required by CAA sections 112(c)(3) and (c)(6), as demonstrated by the inherent implications of the regulation called for in these provision and simple math. Once the sources in the categories that represent 90 percent of the emissions addressed in these provisions become subject to standards, those sources’ emissions will decrease and those categories will no longer represent 90 percent of all emissions of the pollutants in question. As a hypothetical example, if the total emissions of one of the pollutants addressed in CAA sections 112(c)(3) and (c)(6) were 100 tpy, and if the source categories emitting 90 tpy were subjected to a standard that called for a 50 percent reduction in emissions, then those source categories would now only be emitting 45 tpy, which would be about 82 percent of the new total emissions of 55 tpy. Under the interested parties’ reading of CAA sections 112(c)(3) and (c)(6), the EPA would then be required to add source PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 36311 categories to get back to 90 percent and set standards to reduce the emissions of those sources. This would, once again, reduce the regulated sources to below 90 percent. In short, this reading of CAA sections 112(c)(3) and (c)(6) would create a never-ending cycle of listing and regulation in order to achieve an unattainable goal of ensuring the 90 percent of emissions are regulated. This is not a reasonable reading of what CAA sections 112(c)(3) and (c)(6) require. Further, one would expect the number of sources in a source category to change over time due to shifts in the economy. For example, one source category regulated under CAA section 112 is magnetic tape manufacturing operations. See subpart EE, 40 CFR 63.701–63.708. Since this source category was first regulated in 1994 (see 59 FR 64596, December 15, 1994), the use of digital recording and data storage has largely replaced the use of magnetic tape, and, thus, the number of sources in this source category has declined. As the number of sources in a source category declined, the total emissions from the source category would decline, which creates another reason why the total group of source categories that at one point represented 90 percent of emissions would fall to less than 90 percent. Thus, again, a reading that the 90 percent requirement is an ongoing requirement that must be continuously met is not a reasonable reading, because it is not reasonable to think, and there is nothing in the statute to suggest, that Congress intended the 90 percent requirement to impose on the EPA the need to endlessly revisit its 90 percent determination as the implementation of MACT standards under CAA section 112 achieved reductions in emissions. For these reasons, there is no conflict between the EPA’s plain language reading of CAA sections 112(a)(1)–(2) and the requirements of CAA sections 112(c)(3) and (c)(6). Second, opponents of the EPA’s plain language reading also point to CAA section 112(f)(2) (commonly referred to as the residual risk provision) and CAA section 112(d)(6) (commonly referred to as the technology review provision). These parties suggest that these provisions demonstrate Congress’s ‘‘legislative plan’’ that sources will continually reduce their emissions, and that the EPA’s plain language reading will allow sources to become area sources and, in so doing, undermine this ‘‘legislative plan.’’ This argument, however, fails to recognize that Congress in CAA section 112 also plainly distinguished between major sources emitting above the 10/25 E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36312 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules threshold and area sources emitting below the 10/25 threshold and subjected them to different requirements. Perhaps the clearest example of the differential treatment of major sources and area sources is the provision in CAA section 112(d)(5) allowing the EPA to set GACT standards rather than MACT standards for area sources. In short, any consideration of Congress’ ‘‘legislative plan’’ has to look at the entire plan, including the plain language that Congress used to define major sources and area sources. Third, some parties have pointed to the requirements of CAA section 112(d) as requiring that sources that are at any point subjected to major source standards must continue to be subject to major source standards permanently and argued that EPA’s plain language reading undermines the protections provided by these CAA 112 standards. Section 112(d)—and in particular, section 112(d)(2) and (d)(3) of the CAA—addresses how the EPA sets MACT standards for major sources (based on the maximum degree of emissions reduction the EPA determines is achievable, which may be a complete prohibition on emissions). As an initial point, sections 112(d)(2) and (d)(3) are not the only provisions that govern major source standards, and in some cases, they are not the controlling provisions. For example, CAA section 112(h) provides that the EPA, in certain circumstances, can set standards that are different from the MACT floor-based standards created under CAA sections 112(d)(2) and (d)(3). More fundamentally, the question of what standard is applicable to major sources in a source category—whether MACT floor standards or otherwise—logically cannot control the proper reading of the statutory text identifying the pool of sources to which major source requirements apply. In short, once again, these contextual arguments are misplaced. Congress has spoken by defining ‘‘major source’’ without any temporal limitation. The EPA’s plain language reading honors that unambiguous choice. Parties opposed to the EPA’s plain language reading also suggest that the EPA’s reading is inconsistent with the purpose and provisions of CAA section 112 because it will lead major sources that reclassify to area source status to increase their emissions above what they could emit if they continued to be major sources. The EPA disagrees that a sources’ reclassification from major source to area source will necessarily lead to an increase in emissions for the source, for the following reasons. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 First, as the EPA noted in the MM2A memorandum (at 4) and as discussed above in section III.A of this preamble, some stakeholders have stated that some sources with emissions above the major source thresholds will reduce their emissions below what is required by the applicable major sources standards and to below the major source thresholds in order to be able to reclassify as area sources. As discussed in more detail in section VI of this preamble and in the EPA’s Emissions Impacts Analysis TSM, the EPA has identified three sources that have reclassified, and as a result will decrease their emissions. See Emission Impacts Analysis TSM Table 2: (1) City of Columbia—Municipal Power Plant (Facility #27 on Table 2); (2) Holland Board of Public Works— James DeYoung Generating Station and Wastewater Treatment Plant (Facility #28 on Table 2); and (3) MidAmerican Energy Company—Riverside Generating Station (Facility #29 on Table 2). Second, the EPA’s analysis of the 34 sources that have reclassified or are in the process of reclassifying since January 2018 based on the EPA’s plain language reading shows that none of them will increase their emissions as a result of reclassification. See section VI of this preamble and the EPA’s Emissions Impact Analysis TSM at Table 2, available in the docket. Nonetheless, the EPA recognizes (as discussed below in section IV at Table 3) that there are possible scenarios in which major sources might increase emissions after they reclassify to area source status. However, the EPA does not view such potential emission increase scenarios as a basis for disregarding the plain language of Congress’s ‘‘major source’’ and ‘‘area source’’ definitions and the lack of any temporal restriction on sources’ opportunity to reclassify. Instead, the EPA views such scenarios as a matter that needs to be evaluated and addressed in determining how the agency should implement the plain language of the statute. Thus, the EPA is seeking comment on (1) to what extent will theoretical emission increase scenarios actually occur, including (a) what emissions restrictions will be put in place as part of the PTE HAP limits that a major source takes to be reclassified as an area source and (b) whether other regulatory controls are in place and applicable to sources after reclassification that will either continue to restrict the source from emitting above the major source standard or prevent an emissions increase after reclassification; and (2) whether the EPA should adopt regulatory text to establish safeguards to prevent PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 emissions increases following reclassification (Comment C–3). With respect to the second issue (whether the EPA should adopt regulatory text to establish safeguards to prevent emissions increases), the EPA is seeking comment on what legal basis the agency would have for requiring such safeguards (Comment C–4). In addition to seeking comment on this question generally, we are seeking comment on several specific points. First, the EPA is seeking comment on the following rationale for separating the timing of reclassification from the sufficiency of the PTE limits that support reclassification (Comment C–5). There are two related but distinct matters at issue here. The first matter is the timing of reclassification: Whether sources can reclassify at any time or are permanently classified as major sources after the first substantive compliance date. The second matter is what PTE limit is sufficient to form the basis for a source to reclassify. One aspect of this ‘‘sufficiency’’ matter is enforceability, which is discussed below in section IV.B of this preamble. Another aspect of ‘‘sufficiency’’ is whether the PTE limit must, in addition to being enforceable, ensure that the source does not increase emissions as a result of reclassification. As discussed above, the ‘‘timing’’ matter is governed by the plain language of the statutory definitions of ‘‘major source’’ and ‘‘area source.’’ The ‘‘sufficiency’’ matter is governed by the phrasing in the major source definition that directs the EPA to compare a source’s ‘‘potential to emit considering controls’’ to the 10/25 major source thresholds. The D.C. Circuit has previously looked at a ‘‘sufficiency’’ question and the phrase ‘‘potential to emit considering controls.’’ Specifically, in NMA v. EPA, 59 F.3d 1351 (D.C. Cir. 1995), the Court considered whether a PTE limit had to be federally enforceable to be a sufficient basis for reclassification and, as part of its analysis, concluded that the phrase ‘‘considering controls’’ was ambiguous and the EPA’s application of those words had to be reviewed under a Chevron Step 2 analysis. 59 F.3d at 1362–1363 (concluding that the EPA had not explained why a PTE limit had to be federally enforceable to be sufficient to support reclassification). Similarly, whether a PTE limit that allows a source to increase its emissions as a result of reclassification is sufficient to support reclassification cannot be determined by the plain language reading of the statute that governs the timing of reclassification, but must be considered based on the ambiguous phrase ‘‘potential to emit considering E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules controls’’ and in light of the other provisions in CAA section 112. Second, assuming that the above rationale properly frames the ‘‘sufficiency’’ matter as a separate question based on how to reasonably read the phrase ‘‘potential to emit considering controls,’’ the EPA is seeking comment on whether a requirement that PTE limits used to reclassify a major source to area source status must include safeguards to prevent emissions increases is a reasonable reading of the ambiguous phrase ‘‘potential to emit considering controls’’ in light of the other provisions in CAA section 112 (Comment C–6). For example, some interested parties have presented arguments opposing the EPA’s plain language reading on timing based on CAA section 112(d)— specifically, that major sources must be subject to MACT floor standards that are at least as stringent as what is achieved by the best performing sources, as provided under CAA section 112(d)(2) and (d)(3). The EPA is seeking comment on whether the arguments presented in opposition to EPA’s plain language reading on timing are appropriately considered on the question of the sufficiency of the PTE limit and support the conclusion that PTE limits used to support reclassification must not allow sources to increase emissions as a result of reclassification (Comment C–7). Third, assuming that requiring safeguards against emission increases in PTE limits is a reasonable reading of the statute, the EPA is seeking comment on what safeguards should be required (Comment C–8). Possible safeguards include requiring that: (1) PTE limits include a limit of the same type as the major source standard and at least as stringent, (2) PTE limits include the requirement that the source continue to implement the measures that it is taking to meet the major source requirement (i.e., the source must continue to operate the same control device and at the same level of effectiveness), or (3) the permitting authority determine that the source will implement the same measures that are being used to meet major source requirements in order to meet the PTE limit—even if such use is not mandated—and thus that emissions will not increase. Fourth, and finally, the EPA is seeking comment generally on whether it is reasonable and appropriate to require safeguards against emission increases following reclassification (Comment C–9). As discussed above, the EPA reads the plain language of the statute to allow reclassification of a source’s status from major source to area at any time. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 However, even if the statutory definitions of ‘‘major source’’ and ‘‘area source’’ were to be read as containing an ambiguity that would allow an interpretation under which the EPA could set a cut-off point (as it did in the OIAI policy), the EPA’s reading that there is no such cut-off point is a reasonable reading of the statute, and indeed is the best reading. First, the statutory definitions do not specify any particular cut-off point after which Congress said that a source’s status was fixed. Second, the statutory definitions contain no text in which Congress directed or suggested that the EPA create a cut-off point. Third, even if Congress’s silence is read to create an ambiguity that the EPA can address by creating a cut-off date for fixing a source’s status, that is, at most, only a permissible way to address such an ambiguity and does not undermine the conclusion that the statute can be reasonably read—and indeed is best read—as not requiring a cut-off date. In short, even if the statutory text were found to contain an ambiguity on the question of a cut-off date for setting a source’s status, the absence of any cutoff date or cut-off language in the statutory definitions enacted by Congress is best read as allowing a source to change from a major source to area source or vice versa at any time. Further, such a reading is consistent with the statutory structure and goals of the CAA. In addition to the points discussed above in support of the EPA’s plain language reading, and as discussed in more detail below in sections IV and VI, there are various reasons why a major source’s reclassification to area source status, in some cases, may result in a decrease in HAP emissions rather than an increase in that source’s HAP emissions. First, when the corresponding regulatory authority reviews the application for a new or revised permit that will incorporate enforceable limits on a source’s PTE of HAP below the major source thresholds, the regulatory authority will consider the specifics of each source. Among other things, the regulatory authority will consider the current and proposed HAP emissions levels, the type of limits proposed and whether such limits are legally and practicably enforceable, any newly applicable area source NESHAP subparts, and if other requirements are needed to ensure that the source complies with the CAA. Second, some major sources have undergone facility and operational modifications since they became subject to the major source NESHAP requirements, and these PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 36313 modifications may prevent the HAP emissions from increasing even without the sources remaining subject to major source NESHAP requirements (e.g., a source that has eliminated the use of HAP binders or coatings from their operations or has switched to low-HAP or no-HAP products). Third, as discussed below in sections IV and VI, some sources with actual emissions just above one or both of the major source thresholds under their current major source NESHAP requirements might choose to accept HAP PTE limits that are lower than their current emissions and further reduce their emissions consistent with the PTE limits in order to achieve area source status and reduce their regulatory burden. In those cases, allowing sources to reclassify as area sources even after they are subject to major source NESHAP requirements can provide an incentive for them to reduce their emissions below what is required under the CAA section 112 major source requirements. The EPA invites interested persons to comment on the EPA’s plain language reading discussed above. The EPA is interested in specific examples of sources that would reclassify consistent with the EPA’s reading and whether those sources’ emissions would increase, decrease, or stay the same after reclassification, and in any additional information on whether allowing major sources to reclassify as areas sources would or would not increase emissions from such sources or lead to a reduction in their emissions (Comment C–10). Further, the EPA invites comments on whether the Agency’s reading is a permissible interpretation of the statute even if it is not the only possible reading (Comment C–11). C. Role of the PTE Definition in the Regulation of Major Sources Section 112 of the CAA defines a major source not only in terms of a source’s actual emissions of an air pollutant, but also in terms of its potential emissions of an air pollutant or any combination of air pollutants. The definition of PTE in the General Provisions of the NESHAP regulations interprets the statutory term ‘‘potential to emit’’ found in the definition of major source of section 112 of the CAA and provides a legal mechanism for sources that wish to restrain their emissions to avoid triggering major source requirements. 40 CFR part 63.2 defines ‘‘potential to emit’’ to mean the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Under the current definition in 40 CFR 63.2, any physical or operational limitation E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36314 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.9 Accordingly, a source that has the physical and operational design allowing it to potentially emit HAP above the statutorily specified thresholds (i.e., 10 tpy or more of an individual HAP, or 25 tpy or more of total HAP) is a major source of air pollution unless the source limits its maximum capacity to emit HAP under its physical and operational design by obtaining restrictions that have the effect of limiting the amount of emissions (referred to as ‘‘HAP PTE limits’’ or ‘‘PTE limits’’) the source can legally emit. Further, as explained in more detail below in section IV.B, to ensure that sources do not disregard their PTE limits, the EPA’s definition of ‘‘potential to emit’’ in 40 CFR 63.2 required that limitations on a source’s operations can only be taken into account in determining PTE if the limitation was federally enforceable. In 1995, the United States Court of Appeals for the District of Columbia Circuit issued a decision in National Mining Association (NMA) v. EPA, 59 F.3d 1351 (D.C. Cir. 1995), in which it remanded the definition of ‘‘potential to emit’’ found in 40 CFR 63.2 to the EPA to justify the requirement that physical or operational limits be ‘‘federally enforceable.’’ The NMA Court decision confirmed that the EPA has an obligation to ensure that limits considered in determining a source’s PTE are effective, but it stated that the Agency had not adequately explained how ‘‘federal enforceability’’ furthered effectiveness. 59 F.3d at 1363–1365. In this action, the EPA is proposing specific criteria that HAP PTE limits must meet for these limits to be effective in ensuring that a source would not emit above the PTE limits. The EPA is proposing to amend the definition of ‘‘potential to emit’’ in 40 CFR 63.2, accordingly, by removing the requirement for federally enforceable PTE limits and requiring instead that HAP PTE limits meet the effectiveness criteria of being both legally enforceable and practicably enforceable. The EPA is also proposing to amend 40 CFR 63.2 to include the definitions of ‘‘legally enforceable’’ and ‘‘practicably 9 See 40 CFR 63.2 definition of ‘‘federally enforceable’’ available at https://ecfr.io/Title-40/ se40.11.63_12. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 enforceable’’ as described in this proposal. These proposed amendments will facilitate such effective HAP PTE limits to be issued by the EPA and by state, local, and tribal regulatory agencies. The EPA is taking comment in this proposal on the criteria required for effective HAP PTE limits for purposes of determining whether a source is a major source under 40 CFR 63.2 and whether the EPA’s proposed criteria are necessary and sufficient to ensure HAP PTE limits are effective to support reclassification of a major source to an area source (Comment C–12). In this action, the EPA is not proposing to change our approach to any PTE limits other than those for HAP for purposes of NESHAP applicability. See section IV.B for a discussion on the criteria for effective HAP PTE limits, enforceability considerations, and requests for comments on specific issues. D. Issues Not Resolved by the Statute or Existing Regulations As discussed in section III.B above, the EPA’s read of the statutory definitions of ‘‘major source’’ and ‘‘area source’’ in section 112(a) of the CAA is that these are not dependent on timing and do not contain any language concerning when a source may change its status from major source to area source. The General Provisions section of 40 CFR part 63, subpart A, addresses compliance with standards when an area source subsequently increases its emissions of HAP such that the source becomes a major source subject to requirements established under section 112 of the CAA. But these existing regulations do not address the issue of compliance time frames for sources that reclassify from major source status to area source status. This action proposes to amend 40 CFR part 63, subpart A to address the issues not resolved by the current General Provisions requirements with regard to the reclassification of major sources as area sources under section 112 of the CAA and to clarify existing requirements that apply to sources that reclassify. This action proposes to amend the General Provisions applicability tables contained within most subparts of 40 CFR part 63 to reflect the proposed amendments to subpart A. See section V.A and V.B for proposed amendments to 40 CFR part 63, subpart A, and for proposed changes to individual NESHAP General Provisions applicability tables. In addition to the provisions that the EPA is proposing to amend in the 40 CFR part 63 General Provisions, the EPA has identified a number of provisions in the 40 CFR part 63 subparts that reflect PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 the 1995 OIAI policy by stating the date after which a major source can no longer become an area source. In this action, we are proposing to remove these provisions because they are contrary to the plain language of the statute as discussed above. See section V.C for proposed amendments to specific NESHAP subparts.10 IV. Considerations for Sources Seeking Reclassification From Major to Area Source Status As explained above in section III.A, the EPA reads the definitions of major source and area source in section 112 of the CAA to impose no time constraint for when a major source can be reclassified as an area source. Given the statutory definitions, a major source that takes enforceable limits 11 on its PTE HAP can be reclassified as an area source at any time.12 The decision by a source to be reclassified as an area source would be voluntary. We expect that the process for reclassification to area source status for HAP will rely on existing programs (e.g., minor source programs, title V permitting procedures, and/or approved programs for issuing PTE limits under CAA section 112(l)). It is also possible for state, local, and tribal regulatory authorities to develop new programs for issuing HAP PTE limits. After the issuance of the MM2A Memorandum, the EPA received questions from stakeholders about the reclassification of sources that already emit at levels lower than the major source thresholds but have major source NESHAP requirements in their permits because of the OIAI policy. Stakeholders also inquired about public notice requirements associated with the issuance of enforceable HAP PTE limits. We address specific stakeholders’ questions regarding permitting and procedural steps associated with reclassification in more detail in section IV.B and IV.C of this preamble. The following discussion presents some general considerations for sources that 10 In the meantime, and unless and until the EPA takes final action to remove or revise such provisions, the provisions in part 63 subparts that reflect the 1995 OIAI policy continue to control when major sources subject to those subparts may reclassify to area sources status. 11 The concept ‘‘enforceable limits’’ incorporates legal enforceability and practical enforceability. Throughout this proposed rulemaking, we use the term ‘‘enforceable limits’’ to mean limitations that satisfy both of these criteria. 12 Note, however, that reclassification does not affect a source’s responsibility to comply with the major source requirements prior to the time the source reclassifies. Further, even after a source reclassifies from major source to area source, it may be subject to requirements under a consent decree or permit that obligates it to continue to comply with the major source requirements. E:\FR\FM\26JYP3.SGM 26JYP3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS3 will be seeking reclassification from major source to area source status. Sources seeking status reclassification from major source to area source can generally be grouped in three categories: (1) Existing major sources that would need to obtain enforceable limits on their HAP PTE that are below major source thresholds; (2) existing sources previously classified as major sources for a specific major source NESHAP that already have obtained enforceable limits on all their HAP emissions such that the source’s PTE, as well as actual emissions, are currently below major source thresholds for each individual HAP and any combination of HAP; and (3) existing sources previously classified as major sources for a specific major source NESHAP that are no longer physically or operationally able to emit HAP in amounts that exceed the major source thresholds (commonly known as true or natural area sources).13 The third category includes former major sources that no longer have the ability to emit at major source levels because they have either permanently removed equipment, changed their processes, or for other reasons. Pursuant to the plain language of the statute, the sources in this third category are area sources because their maximum capacity to emit HAP under the physical or operational design is less than the thresholds for a major source under CAA section 112(a)(1). These true area sources do not rely on such things as State Implementation Plan (SIP)imposed limits or pollution control equipment to constrain their emissions. Any source that needs a physical or operational limit on its maximum capacity to emit, including requirements for the use of air pollution control equipment or restrictions on the hours of operations or on the type or amount of material combusted, stored, or processed, is not in this third category. Sources in any of these three categories who are seeking to reclassify to area source status will apply to their corresponding regulatory authority 14 and follow the corresponding regulatory authority’s procedures for reclassifying and, if needed, for obtaining enforceable limits on their HAP PTE. A source proposing to reclassify to area source status must identify any applicable area 13 See definition of true area in memorandum titled ‘‘Potential to Emit (PTE) Guidance for Specific Source Categories.’’ From John S. Seitz, Director, Office of Air Quality Planning and Standards, page 2, April 14, 1998. 14 The term regulatory authority is intended to be inclusive of the permitting authority or other governmental agency with authority to process reclassification requests and issuance of legally and practicably enforceable HAP PTE limits. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 source NESHAP requirements in its request. Upon submission, the regulatory authority will review the source’s proposed enforceable limitations and, if approved, the regulatory authority will incorporate the enforceable HAP PTE limitations and other applicable CAA requirements, such as any applicable area source NESHAP requirements, in a revised title V permit or a minor source permit. In lieu of an individual permit, a source may be eligible for coverage under a general permit or registration program under a specific regulatory authority program. Depending on the regulatory authority rules for minor source programs, sources that no longer have the capacity to emit HAP above the major source thresholds, unaided by added controls or operational limitations, may have additional options. After a source completes the process to reclassify to area source status, the source must comply with any applicable area source NESHAP requirements and would no longer be subject to major source NESHAP requirements or other major source requirements that were applicable to it as a major source under CAA section 112.15 A source that reclassifies will need to update the information already provided to the Administrator per the notification requirements of 40 CFR 63.9(j). The permitting programs have procedures in place for processing changes to a source’s applicable requirements and the ability to coordinate any notification required under 40 CFR part 63. See section V.A of this preamble for proposed changes to notification requirements of 40 CFR 63.9(b) and (j). Below are some general considerations for sources contemplating seeking reclassification from major to area source status. An improved understanding of these considerations should serve to alleviate the concerns that have been expressed regarding the reclassification of major sources as area sources under section 112 of the CAA. A. PTE Determination Considerations The definition of ‘‘major source’’ in section 112(a) of the CAA includes ‘‘any 15 A source that reclassifies from major source to area source may be subject to major source requirements under a consent decree, permit, or other enforceable vehicle that obligates it to continue to comply with the major source requirements for a specified amount of time. This rule is not intended to affect any of those existing obligations. Any changes to those obligations would need to be made through the appropriate processes (e.g., modification of the consent decree with the Court, or revisions of the permit with the permit authority). PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 36315 stationary source or group of sources located within a contiguous area and under common control that emits or has the potential to emit considering controls [HAP emissions that exceed the thresholds].’’ Regulatory authorities (i.e., permitting authorities) and sources have a long history of evaluating HAP PTE calculations, developing HAP PTE limits, and making applicability determinations. That said, the HAP PTE calculations and determination are critical steps for (1) any source seeking to understand whether it is subject to major source requirements and (2) for any source that is seeking to cease being subject to major source requirements by reclassifying from major source to area source status. Following the issuance of the MM2A Memorandum, we received many questions concerning the requirements for sources to obtain PTE limits, including requests for clarity regarding the minimum requirements that a request for reclassification must meet. While this proposed action does not propose any new requirements regarding the process for completing a HAP PTE calculation and determination for sources seeking reclassification from major to area source status, the EPA is requesting comments on whether it would be appropriate to include in the General Provisions of 40 CFR part 63 the minimum requirements that a major source of HAP must submit to its regulatory authority when seeking to obtain HAP PTE limitations to reclassify as area sources under section 112 of the CAA (Comment C–13). A source seeking to obtain enforceable limits on its HAP PTE to below the major source thresholds will follow the established process and submit to the regulatory authority any required documentation and demonstration. For example, the discussion below presents the requirements a source seeking to obtain HAP PTE limits under the established regulations for the Federal Minor New Source Review Program in Indian Country must follow. 40 CFR 49.158(a)(1) provides that the application for a synthetic minor source permit must include the following information: (1) Identifying information, including name and address (and plant name and address if different) and the name and telephone number of the plant manager/ contact; (2) For each regulated New Source Review (NSR) pollutant and/or HAP and for all emissions units to be covered by an emissions limitation, the following information: (a) The proposed emission limitation and a description of its effect on actual emissions or the PTE. Proposed emission limitations must E:\FR\FM\26JYP3.SGM 26JYP3 36316 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS3 have a reasonably short averaging period, taking into consideration the operation of the source and the methods to be used for demonstrating compliance; (b) proposed testing, monitoring, recordkeeping, and reporting requirements to be used to demonstrate and assure compliance with the proposed limitation; (c) a description of the production processes; (d) identification of the emissions units; (e) type and quantity of fuels and/or raw materials used; (f) description and estimated efficiency of air pollution control equipment under present or anticipated operating conditions; (g) estimates of the current actual emissions and current PTE, including all calculations for the estimates; (h) estimates of the allowable emissions and/or PTE that would result from compliance with the proposed limitation, including all calculations for the estimates; and (3) Any other information specifically requested by the reviewing authority. As described above, for the Federal Minor New Source Review Program in Indian Country, a source seeking to obtain HAP PTE limits, as part of its PTE evaluation, will show that it has accounted for emissions of all HAP, from all emission points, including fugitive HAP emissions, and HAP emissions from insignificant activities 16 17 from the stationary source or group of sources located within a contiguous area and under common control. The source also provides the current and proposed HAP emissions levels, the type of limitations or controls proposed, and a demonstration that the emission reductions are achievable in practice. While the PTE calculations and supporting evaluation for large and 16 As part of its PTE evaluation, sources must account for emissions of all HAP, from all emission points, including fugitive HAP emissions. ‘‘. . . An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement . . .’’ See 40 CFR 70.5(c). ‘‘Insignificant Activities—Section 70.5(c) allows the Administrator to approve as part of a State program a list of insignificant activities which need not be included in permit applications. For activities on the list, applicants may exclude from part 70 permit applications information that is not needed to determine (1) which applicable requirements apply, (2) whether the source is in compliance with applicable requirements, or (3) whether the source is major.’’ See ‘‘White Paper for Streamlined Development of Part 70 Permit Applications.’’ From Lydia N. Wegman, Deputy Director, Office of Air Quality Planning and Standards, to the EPA Regional Air Division Directors. July 10, 1995; https://www.epa.gov/sites/production/files/201508/documents/fnlwtppr.pdf. 17 See order granting in part and denying in part petition for objection to permit for Hu Honua Bioenergy, at https://www.epa.gov/sites/ production/files/2015-08/documents/hu_honua_ decision2011.pdf. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 complex sources might require data collection and validation and accounting for a larger number of emission points, the process is not different than what is already required within some source category rules 18 or under the recordkeeping requirements for applicability determinations of 40 CFR 63.10(b)(3). In the Federal Minor New Source Review Program in Indian Country regulations at 40 CFR 49.158(a)(2),19 the EPA provided a hierarchy of acceptable data and methods to determine a source’s PTE for a source seeking to obtain a synthetic minor source permit, including a synthetic minor permit for purposes of 40 CFR part 63. The hierarchy in 40 CFR 49.158(a)(2) presents the procedures that are generally acceptable for estimating emissions from air pollution sources: (1) Source-specific emission tests; (2) mass balance calculations; (3) published, verifiable emission factors that are applicable to the source; (4) other engineering calculations or (5) other procedures to estimate emissions specifically approved by the reviewing authority. We request comment on whether the EPA should include in the General Provisions to 40 CFR part 63 the hierarchy of acceptable data and methods a source seeking reclassification would use to determine the source PTE (Comment C–14). As described above, the best approach uses source specific test data (on-site measurements) or continuous emission monitoring system (CEMS) data where available. Where these data are not available, the next best approach uses a material-balance approach (comparing inputs and outputs). Where these data are not available, the next best approach uses source-specific models (based on information about the source’s operations). Finally, where these data are not available, the approach uses emission factors (based on industryaverage emission rates).20 The responsibility for using the best data 18 See, as example, 40 CFR part 63, subpart F at 63.100, Applicability and designation of source. 19 See 40 CFR part 49 subpart C, Synthetic minor source permits under the Federal Indian Country Minor New Source Review Rule at 40 CFR 49.158, and Potential to Emit A Guide for Small Business. October 1998. US EPA, OAQPS. https:// www3.epa.gov/airtoxics/1998sbapptebroc.pdf. 20 ‘‘Use of emission factors as source-specific permit limits and/or as emission regulation compliance determinations are not recommended by the EPA. Because emission factors essentially represent an average of a range of emission rates, approximately half of the subject sources will have emission rates greater than the emission factor and the other half will have emission rates less than the emission factor. As such, a permit limit using an AP–42 emission factor would result in half of the sources being in noncompliance. See ‘‘Compilation of Air Pollutant Emission Factors, Introduction,’’ January 1995. PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 available in preparing the source’s PTE calculations and analyses is with the owner and operator of a source. The data should be accurate and representative of the source’s emissions. A source’s efforts to be reclassified from major source to area source may be unsuccessful if it does not use the best data. The EPA requests comments on whether adding the same or similar requirements that are now in 40 CFR 49.158(a)(1) to 40 CFR 63.10 would be appropriate to create the minimum requirements that a major source of HAP must submit to its regulatory authority when seeking to obtain PTE HAP limitations to reclassify as area sources under section 112 of the CAA (Comment C–15). We also request comments on whether the EPA should also include the hierarchy of acceptable data and methods a source seeking reclassification would use to determine the source PTE. This hierarchy could be the same or similar to the one provided in 40 CFR 49.158(a)(2) (Comment C–16). In response to the 2007 proposal, the EPA received multiple comments regarding sources that have reduced their HAP emissions to below major source thresholds because of the implementation of major source NESHAP requirements. Some stakeholders were concerned that if these sources were to reclassify to area source status and were no longer subject to major source NESHAP requirements, they could stop using the emission controls or emission reduction practices implemented for major source NESHAP compliance or no longer maintain the same level of control as before.21 This concern was also raised by stakeholders after the issuance of the MM2A Memorandum. A source seeking reclassification because it has reduced its HAP emissions to below the major source thresholds through use of control devices or emission reduction practices implemented for compliance with major source NESHAP requirements will need to demonstrate to the regulatory authority issuing the HAP PTE limits, the degree to which the control devices and emission reduction practices are needed to restrict the source’s PTE. If the source relies on its existing control devices and/or emission reduction practices to limit its HAP PTE below the major source thresholds, under the proposed effectiveness criteria, the use of the control devices and/or emission 21 These stakeholders are concerned that these sources could increase their emissions to just below the major source thresholds of 10/25 tpy of HAP. See section IV for a discussion of the assessment of potential emission changes from the reclassification of major sources as area sources. E:\FR\FM\26JYP3.SGM 26JYP3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules reduction practices must be made legally and practicably enforceable in the absence of the applicability of the major source NESHAP requirements. Alternatively, if a source intends not to retain the control device equipment or emission reduction practices used to comply with a previously applicable major source NESHAP requirement, the source must demonstrate that other limits exist or can be imposed that will restrict the source’s maximum capacity to emit HAP, and that these limits are or can be made legally and practicably enforceable to ensure that the source will not emit HAP at or above the major source thresholds. A blanket emissions limit on HAP generally (e.g., no more than 10 tpy of an individual HAP or no more than 25 tpy of total HAP) is not sufficient as it fails to meet the practicably enforceable criteria of being a technically accurate limitation of short duration with adequate monitoring (i.e., there is no monitoring method for ‘‘HAP’’ in the aggregate).22 See section IV.B of this preamble, Criteria for Effective HAP PTE Limits, for a full discussion of proposed criteria for effective HAP PTE limits. jbell on DSK3GLQ082PROD with PROPOSALS3 B. Criteria for Effective HAP PTE Limits In this action, the EPA is proposing that a major source that reduces its PTE HAP emissions to below the major source thresholds by taking HAP PTE limits that meet the proposed criteria for effective PTE limits may request and, upon approval, be reclassified to area source status. In the past, the EPA concluded that federal enforceability was required for the effectiveness of PTE limits; 23 hence, the requirement is in the current regulations for the HAP programs (see PTE definition in 40 CFR 63.2). Since the issuance of the MM2A Memorandum, stakeholders have raised the question of whether HAP PTE limitations still need to be federally enforceable. By proposing to establish 22 There is substantial body of EPA guidance and administrative decisions relating to PTE and PTE limits. E.g., see generally, Terrell E. Hunt and John S. Seitz, ‘‘Limiting Potential to Emit in New Source Permitting’’ (June 13, 1989); John S. Seitz, ‘‘Options for Limiting the Potential to Emit (PTE) of a Stationary Source Under Section 112 and Title V of the Clean Air Act’’ (January 25, 1995); Kathie Stein, ‘‘Guidance on Enforceability Requirements for Limiting Potential to Emit through SIP and § 112 Rules and General Permits’’ (January 25, 1995); John Seitz and Robert Van Heuvelen, ‘‘Release of Interim Policy on Federal Enforceability of Limitations on Potential to Emit’’ (January 22, 1996); ‘‘In the Matter of Orange Recycling and Ethanol Production Facility, Pencor-Masada Oxynol, LLC,’’ Order on Petition No. II–2001–05 (April 8, 2002) at 4–7. 23 The EPA concluded that Federal enforceability was required for issuing effective PTE limits in a June 28, 1989, rule that amended the Federal enforceability requirement and created federally enforceable operating permits. See 54 FR 27274. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 criteria for effective HAP PTE limits in this action, we will respond to this question from stakeholders. In the context of HAP PTE limits, the term federally enforceable under 40 CFR 63.2, refers to the legal authority granted under the CAA (i.e., under section 113 and section 304(a) of the statute) to the EPA Administrator and citizens to enforce in Federal court all limitations and conditions that implement requirements under the CAA (e.g., issued under an approved program under section 112(l) of the CAA or a SIP or another statute administered by the EPA.). Given that sources that rely on state or local PTE limitations cease to be subject to major source CAA requirements, in the past the EPA concluded that these PTE limitations must be federally enforceable 24 to be consistent with the enforcement structure of the CAA. The EPA also linked effectiveness of PTE limits to programs that followed the EPA’s specific procedures for issuance of PTE limits (e.g., program requirements and implementation).25 To recognize the state or local PTE limitations as federally enforceable, the EPA then imposed various administrative requirements on SIP programs issuing limitations.26 These program requirements specified procedures, meant to ensure that a source’s PTE limitations included in a permit have the intended effect of reducing the amount of emissions, and that sources could not disregard their PTE limits without enforcement consequences. For implementing the air toxics program under CAA section 112, the EPA adopted the SIP federal enforceability framework for PTE limits. The original 40 CFR part 63 General Provisions preamble explains that federal enforceability was required: (1) To confirm that PTE HAP limits were included as part of the source’s physical and operational design, and that any claimed limitations will be observed; (2) to ensure that a permitting authority had strong enforcement capability and the legal and practical means to make sure that such commitments are carried out; and (3) to support the goal of the CAA to enforce all relevant features of the air toxics program.27 Following litigation on the 40 CFR part 63 General Provisions, on July 21, 1995, the Court 54 FR 27274 (June 28, 1989). the past, the EPA held the view that it could be certain that only programs reviewed and approved by the EPA had adequate procedures for issuance of effective PTE limits. 26 Id. 27 See, National Emission Standards for Hazardous Air Pollutants for Source Categories: General Provisions. March 16, 1994. 59 FR 12430. PO 00000 24 See 25 In Frm 00015 Fmt 4701 Sfmt 4702 36317 issued a decision in National Mining Association v. EPA (59 F. 3d 1351 (D.C. Cir. 1995)), in which, after examining the question of whether HAP PTE limits must be federally enforceable, it remanded, but did not vacate, the definition of ‘‘potential to emit’’ found in 40 CFR 63.2. The Court found that the EPA had not adequately explained why only federally enforceable measures should be considered as effective limits on a source’s HAP PTE. After the NMA decision, the EPA extended a pre-existing policy allowing the use of non-federally enforceable limits (e.g., state-only enforceable limits) for limiting PTE provided those limits are legally enforceable and practicably enforceable.28 Also, on March 23, 2001, the EPA added recordkeeping requirements for applicability determinations for sources with a maximum capacity to emit HAP in amounts greater than major source thresholds but with PTE limits to avoid applicability of a standard. See 40 CFR 63.10(b)(3).29 At that time, the EPA also confirmed that until the rules are clarified to address various PTE issues, consistent with the NMA Court decision, any determination of HAP PTE under 40 CFR 63.2 should consider the regulations and also take into consideration the EPA transition policy guidance memoranda. 66 FR 16342 (March 23, 2001). Our experience shows that while many states have programs for issuing HAP PTE limits that have been reviewed by the EPA and have become federally enforceable through the EPA’s approval (e.g., CAA section 112(l)/40 CFR 63.91 programs to limit HAP PTE, federally enforceable state operating permit (FESOP), or title V permitting programs), many state and local agencies also implement programs that have the proper legal authority but are not subject to the EPA’s review either because these programs reflect stateonly initiatives or are not otherwise required under other CAA provisions (e.g., state permitting programs for air toxics). These state-only or local-only programs are implemented in 28 See memorandum, ‘‘Third Extension of January 25, 1995 Potential to Emit Transition Policy’’ from John S. Seitz and Eric V. Schaeffer, to Regional Offices, December 20, 1999. Also, see memorandum, ‘‘Options for Limiting the Potential to Emit (PTE) of a Stationary Source Under Section 112 and Title V of the Clean Air Act,’’ from John S. Seitz and Robert I. Van Heuvelen, to Regional offices, January 25, 1995; and ‘‘Extension of January 25, 1995, Potential to Emit Transition Policy,’’ from John S. Seitz and Robert I. Van Heuvelen, to Regional offices, August 27, 1997. 29 These requirements became final April 5, 2002. See 67 FR 16582, also, 66 FR 16342 (March 23, 2001). E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36318 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules coordination with federally approved programs and share infrastructure and resources, as well as program management and personnel, and create HAP PTE limits that are structurally similar to their federally enforceable counterparts. In sum, for purposes of determining HAP PTE under 40 CFR 63.2, the EPA’s PTE definition and current policies make clear that an enforceability requirement remains in place until we finalize a rule addressing the remand, but that HAP PTE limits that are both (1) legally enforceable (that is, either federally enforceable or legally enforceable by a state, local, or tribal authority) and (2) practicably enforceable are allowed in the interim as effective limits restraining emissions. Consistent with the Court’s decision in NMA, the EPA views ‘‘effectiveness’’ as both a foundation and a constraint on the EPA’s discretion in defining PTE under 40 CFR 63.2. As a foundation, effectiveness is a minimum element of limitations on a source’s HAP PTE, and the EPA has an obligation to ensure that limits considered in determining a source’s HAP PTE are effective. 59 F.3d at 1362. As a constraint, promoting effectiveness must be the purpose for any conditions the EPA would require before considering a limit valid for HAP PTE purposes, and the Court indicated it would not uphold requirements that were extraneous to that goal. Id. at 1364–65. In NMA the Court concluded that the EPA had not explained why the federal enforceability requirement was necessary to ensure the ‘‘effectiveness’’ the Court viewed as essential. For example, the Court expressed concern that the EPA has ‘‘proposed conditions for achieving ‘federal enforceability’ that go beyond the mere effectiveness of a particular constraint as a practical matter.’’ Id. at 1363. Although it is clear from this that effectiveness as a practical matter must be preserved in some way, the Court was not convinced that federal enforceability was necessarily a prerequisite to ‘‘effectiveness.’’ The discussion below presents the criteria the EPA is proposing as necessary for HAP PTE limits to be ‘‘effective’’ in ensuring that a source does not emit HAP above the legally enforceable PTE level. The EPA views these proposed criteria as sufficient to effectively constrain a source’s emissions for purposes of calculating HAP PTE under section 112 of the CAA and, if met, support reclassification of major sources as area sources under CAA section 112. The EPA requests comments on the proposed effectiveness criteria and whether these criteria are sufficient to support reclassification (Comment C– VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 17). At the same time, the EPA invites comments on whether there are additional criteria that must be included to ensure that HAP PTE limits are effective (Comment C–18). The Agency’s overarching goal in proposing these criteria is to achieve a clear and simple implementation process to motivate area sources to maintain reduced HAP emissions and ensure that sources of HAP comply with CAA requirements. Avoiding unreasonable burden on industry or states is also an important objective under this goal. The EPA is proposing that to be effective, HAP PTE limits must meet the criteria of legal enforceability and practical enforceability as explained below. We request comments on these proposed effectiveness criteria and the elements discussed below (Comment C– 19). The EPA is also requesting comments on whether there are other criteria that should be required for ensuring effectiveness of HAP PTE limits, including whether public notice and comment procedures should be part of the required effectiveness criteria (Comment C–20). At the end of this section, we discuss some considerations regarding the issuance of HAP PTE limits and public notice and comment procedures. In this action, the EPA is not proposing to change our approach to establishing PTE limits other than those used for CAA section 112 NESHAP applicability. 1. Legal Enforceability The EPA proposes that to be effective, HAP PTE limits must be legally enforceable. The legal enforceability of a HAP PTE limit is composed of two parts: (a) The authority to establish the HAP PTE limits and (b) the authority to enforce the HAP PTE limits. Each of these parts is discussed below. a. Authority To Establish the Limits To be effective, HAP PTE limits must be required by law and legally binding on the source. To that end, the first aspect of the legally enforceable criterion for effective HAP PTE limits must address the adequacy of the legal authority to issue the PTE limits. This first aspect of legal enforceability ensures that the HAP PTE limits are issued under governmental regulatory authority and are not merely voluntary. Accordingly, we propose that to be effective, HAP PTE limits must identify the legal authority under which the HAP PTE limits are being issued. The proper identification of legal authority ensures that the issued HAP PTE limits are required by law and legally binding on the source and not merely voluntary. The EPA is requesting comments both PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 on the appropriateness of this requirement and on whether there are other considerations that warrant being part of the criterion of legal authority to issue HAP PTE limits (Comment C–21). b. Legal Authority To Enforce the PTE Limits The second aspect of legal enforceability for effective HAP PTE limits refers to the legal authority to enforce the limits. A PTE limit may appear to be effective in every technical sense yet fail to be effective if no governmental authority has sufficient legal authority to enforce against violations of the limit once issued. There is a benefit to compliance oversight by a governmental entity that has the expertise in air pollution control and requisite authority to enforce a PTE limit. The EPA proposes that for HAP PTE limits to be effective, the regulatory authority issuing the limits must also have the authority to enforce the limits. The EPA recognizes that to be effective, PTE limits must carry with them a credible risk for enforcement if they are violated, that sources be on notice of their legal obligation to comply, and that sources are cognizant of the consequences of non-compliance. As part of that, the EPA is taking comment on whether state-only or local-only enforcement authority alone is sufficient to impose a credible risk of enforcement and, therefore, ensure compliance with the HAP PTE limits or whether to be effective, the EPA and/or citizens through the enforcement authorities in the CAA must also have the authority to enforce the HAP PTE limits that are being used to avoid a Federal requirement (Comment C–22). In addition, we request comments on whether enforceability of a PTE limit by the EPA and/or citizens reduces the implementation burden for all parties and provides a level of compliance incentive unmatched by enforcement by only a state or local authority that warrants it to be part of the effectiveness criteria (Comment C–23). 2. Practical Enforceability The second criterion for effective HAP PTE limits is that the limits must be enforceable as a practical matter, i.e., practicably enforceable. The EPA proposes that to be practicably enforceable, HAP PTE limits must be written so that it is possible to readily verify compliance and to document violations when enforcement action is necessary. We are proposing that to meet this criterion, PTE limits must specify: (1) A technically accurate limitation and identify the portions of the source subject to the limitation; (2) E:\FR\FM\26JYP3.SGM 26JYP3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules the time period for the limitation (hourly, daily, monthly, and annual limits such as 12-month rolling limits); and (3) the method to determine compliance, including appropriate monitoring, recordkeeping, and reporting (MRR).30 Below, the EPA presents specific guidance regarding MRR requirements, as well as a discussion of technically accurate limitations so that HAP PTE limits will be compliant with the proposed criteria of being practicably enforceable. jbell on DSK3GLQ082PROD with PROPOSALS3 a. Technically Accurate Limits That Identify the Portions of the Source Subject to the Limitations A technically accurate limit is one that accounts for each emissions unit contributing to the maximum capacity of the source to emit HAP and must be based on the physical and operational design of the emission units. A technically accurate limit is also one that is capable of being monitored, regardless of whether the monitoring is accomplished by means of monitoring individual units or monitoring a common point for multiple sources. For example, a blanket emission limit on a single HAP or on total HAP (e.g., no more than 10 tpy of an individual HAP or no more than 25 tpy of total HAP) is not technically accurate because it does not contain any analysis on the physical or operational design of the emission unit or units under consideration. Such a blanket emission limit is also not generally capable of being monitored as there is no emission testing techniques for ‘‘HAP’’ in general. In the case of monitoring usage of materials, a limit on the HAP emissions must be based in the formulations of the materials used and the specific HAP content, even if a limit eventually taken to avoid a major source classification is a limit on the collection of specific HAP used at the facility. If a single pollutant or class of pollutants is used as a surrogate for HAP emissions from a source, this correlation needs to be provided to the regulatory authority reviewing the limits, and not just assumed by the source through use of a monitoring technique, such as a total hydrocarbons CEMS for volatile organic compounds (VOC). b. Time Periods for Limitations The time periods for the limitations will depend on the type of limits 30 See discussion of principles of enforceability in Attachment 4 of the January 25, 1995, EPA Memorandum, ‘‘Options for Limiting the Potential to Emit (PTE) of a Stationary Source Under Section 112 and Title V of the Clean Air Act.’’ See, also, e.g., https://www.epa.gov/sites/production/files/ 2015-08/documents/masada_decision2000.pdf at page 9. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 proposed. Limits ‘‘should be as short term as possible and should generally not exceed one month.’’ 31 However, a limit longer than 1 month may be appropriate if it is a rolling limit for sources with ‘‘substantial or unpredictable annual variations in production,’’ not exceeding an annual limit rolled on a monthly basis. In other words, although the emissions may be totaled for a 12-month period, they should be measured and ‘‘checked’’ more frequently to ensure the source is maintaining compliance. Typically, with longer term periods, the emissions for the shorter-term period are ‘‘rolled’’ with those in the previous periods to get the total for the longer compliance period. For example, a 365-day rolling limit requires a source to calculate its emissions and/or operational parameters relevant to any operational restriction, daily, and then add that total to the totals for the previous 364 days to determine whether the source is in compliance. When a control device or other ongoing operating parameter limits, which indirectly indicate emissions, are required for meeting the PTE limit, much shorter time periods are necessary. These may include limits such as the minimum operating temperature of a thermal oxidizer measured hourly, where this shorter period is necessary in order to ensure the proper operation of the control device. These shorter limits may be either block or rolling averages as appropriate. Also, time periods should be frequent enough to allow a source to rapidly identify periods of deviation and bring operations back into normal operating conditions expeditiously. Periods longer than once per day may be appropriate if the limits do not consider the use of a control device. For restrictions on content or usage of raw materials, coatings, or fuels, the EPA recommends a frequency of record (i.e., certified product data sheets traceable to EPA or American Society for Testing and Materials (ASTM) methods or formulation data, or fossil fuel analytical data reports traceable to EPA or ASTM methods) collection of once per batch of material used or for each separate delivery of material or fuel, as appropriate. This frequency is 31 ‘‘Guidance on Limiting Potential to Emit in New Source Permitting,’’ available at https:// www.epa.gov/sites/production/files/2015-08/ documents/lmitpotl.pdf. See also ‘‘Time Frames for Determining Applicability for New Source Review,’’ March 13, 1986; ‘‘Clarification of New Source Review Policy on Averaging Times for Production Limitations,’’ April 8, 1987; ‘‘Use of Long Term Rolling Averages to Limit Potential to Emit,’’ February 24, 1992. PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 36319 consistent with procedures specified in several EPA regulations (e.g., 40 CFR part 63, subpart NNNN, NESHAP: Surface Coating of Large Appliances, 40 CFR part 63, subpart OOOO, NESHAP: Printing, Coating, and Dyeing of Fabrics and Other Textiles, and 40 CFR part 63, subpart RRRR, NESHAP: Surface Coating of Metal Furniture), the General Provisions to both 40 CFR parts 60 and 63, and 40 CFR part 75. For other types of limitations, such as restrictions on operating hours, conduct of certain work practices, fugitive emissions control measures, and equipment integrity inspections, unless circumstances justify otherwise, a limit frequency of once per week or once per operating period (if operated less frequently than weekly) is appropriate and may be justified, but should not be assumed. c. MRR Requirements MRR requirements are necessary components of the proposed practicably enforceable criterion for effective PTE HAP limits. MRR requirements prescribe the collection of data necessary to verify that the requirements and conditions that are part of the PTE limits are checked at the frequency needed to avoid deviations, and, thus, they are crucial to compliance and providing transparency and accountability to the public as well as enabling the EPA and other state, local, and tribal regulatory agencies to determine whether emissions remain below the PTE limits and the major source thresholds. The MRR requirements associated with the HAP PTE limits enable the EPA to carry out the provisions of CAA section 112 to ensure that sources are complying with the appropriate requirements with respect to HAP emissions. Appropriate MRR requirements are dependent on site-specific variables such as the nature of the facility and the type of control device(s) installed at that facility. To meet the proposed criterion of being practicably enforceable a HAP PTE limit must provide for the collecting, maintaining, and reporting of the information necessary to determine the emissions of each HAP, which is necessary to determine whether the source’s emissions are compliant with the source’s PTE limits, as well as compliance with any other requirements that are part of the PTE limit (such as operating parameters). Appropriate MRR requirements serve to assure that the source is continuously complying with HAP PTE limits and any associated requirements as required by the CAA, as well as to identify when a source is not in compliance in a timely fashion so as E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36320 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules to avoid long periods of noncompliance. If monitoring is proposed from a common point for various units, it should accurately evaluate emissions from all of the individual sources covered by the monitoring (e.g., monitoring the mercury content of a fuel at a common header instead of at each of the individual emissions sources or monitoring at a common stack for multiple operating units). In practice, monitoring for a surrogate (e.g., particulate matter (PM)) can adequately estimate or provide the actual emissions for a group of HAP at the unit, provided there exists a validated relationship between the surrogate and the HAP emissions (e.g., emissions of HAP metals may be controlled as PM by a baghouse and continuously monitored through bag leak detectors and pressure drop measurement; this requires a validated relationship between PM emissions and the HAP metals emissions as well as the relationship between the baghouse operating parameters and the PM emissions). The monitoring requirements for a HAP PTE limit must be developed to ensure that compliance with the limit can be monitored on a pollutant-by-pollutant basis (including surrogacy, if applicable); they must cover every emissions source included in the limit, describe the emissions unit covered, and the level of accuracy needed for verifying the restriction(s) considered such that the monitored parameter can be certain of demonstrating ongoing compliance with the PTE limits. Depending on the situation, appropriate monitoring may consist of one or more of the following: collecting data on operational parameters that are used to monitor emissions; CEMS or CEMSbased methods; data collection and calculations for mass balance determinations; and continuous monitoring of operating parameters on a control device or process performance parameters correlated with actual emissions and used with calculations of emissions, including appropriate adjustments for control devices or process out-of-control periods. To determine whether a given set of monitoring requirements is appropriate, one should consider the following aspects of the monitoring: The parameter and its measurement approach; the operating range; and the performance criteria, including the representativeness of the data collected, an operational status check, quality assurance and control practices, frequency of data collection, data collection procedures, and averaging VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 period.32 It is important to identify and select these aspects of the monitoring to assure the emissions control measures employed are properly operated and maintained, and do not deteriorate to the point that the source’s emissions fail to be in compliance with the applicable PTE limit. We request comments on the inclusion of the specific considerations for monitoring, discussed above in the General Provisions of 40 CFR part 63 proposed regulatory text defining practicably enforceable (Comment C–24). Selection of the parameter and the measurement approach, as well as the operating range, are all dependent directly upon site-specific criteria including the nature of the source, any control devices present, and other sitespecific criteria. The EPA has provided guidance and requirements for performance criteria, including the representativeness of the data collected, an operational status check, and quality assurance and control practices within the CAM Technical Guidance Document and the Performance Specifications and ongoing quality assurance procedures for continuous emissions monitoring systems and continuous opacity monitoring systems (COMS) in 40 CFR part 60, appendixes B and F. Though the CAM rule is not applicable to the emissions units covered in this proposed rulemaking, the general principles of representativeness and quality assurance and control presented in the guidance are still relevant. Good recordkeeping requirements document the facility’s compliance with the PTE limits on an ongoing basis. These records may consist of many types (e.g., CEMS data, coating HAP content and usage rates, documentation that required work practices are being followed, or continuous parameter monitoring system data) and must include all the variables in each of the PTE calculations needed to determine if the source is emitting at less than the PTE limits. Good recordkeeping requirements at a minimum correspond to the time period of the limitation required by the enforceable conditions (e.g., 3-hour average temperature) and require periodic determinations of compliance with the area source designation. Records should also be readily accessible for review by the relevant regulatory authority. Good periodic reporting requirements must provide sufficient information to demonstrate to the regulatory authority 32 See Table 1 of the Compliance Assurance Monitoring (CAM) Technical Guidance Document, available at https://www.epa.gov/sites/production/ files/2016-05/documents/cam-tgd.pdf. PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 that the PTE limits are being met on an ongoing basis (e.g., periodic summary reports, exception reports, and deviation reports provide contemporaneous information about the source’s compliance status) and that emissions remain below the major source threshold, similar to those of the periodic excess emissions and continuous monitoring system performance report and summary report of 40 CFR 63.10(e)(3). Many stakeholders have raised concerns that, without proper MRR requirements, an owner or operator using add-on emission controls to reduce and maintain HAP emissions at area source levels may dial down the use or cease the proper maintenance regime of those emission controls, and, thus, increase emissions above the HAP PTE limit. Other stakeholders have asked for clarification on the type of monitoring that is adequate for demonstrating compliance with a HAP PTE limit designed to keep HAP emissions below the applicable major source thresholds. While it is possible for any control device to be operated in a manner reducing its effectiveness, such as neglecting to perform required maintenance or reducing the operating temperature of a thermal oxidizer, the EPA has no reason to believe, and does not anticipate, that, as a result of this rulemaking, facility owners or operators will cease to properly operate their control devices where the operation of the control is needed to restrict the PTE and appropriate MRR are established as enforceable conditions.33 34 In any event, the incorporation of appropriate MRR requirements as enforceable conditions should assure that sources continue to operate the required control devices correctly. For example, where the control device is required to maintain the emissions of HAP below the PTE limits and the major source thresholds, for the PTE limits to be enforceable, the MRR requirements need to be sufficient to assess the effectiveness of the control device on emissions on an ongoing basis (such as hourly or shift measurements of operating parameters for the control device that demonstrate it is operating as designed for the specified daily control efficiency limit). For a facility which no longer requires the use of a control device to remain below the 33 See discussion of specific technically accurate limits in Attachment 4 of the January 25, 1995, EPA memorandum, ‘‘Options for Limiting the Potential to Emit (PTE) of a Stationary Source Under Section 112 and Title V of the Clean Air Act.’’) 34 See analysis of reclassifications in the EPA’s Emission Impact Analysis Technical Support Memorandum available in the docket. E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules major source thresholds, the regulatory authority will determine what alternative MRR are needed (along with revised PTE limits, if necessary) to continue ensuring the source will not exceed the major source thresholds (e.g., a coatings operation that has reformulated to remove HAP from its coatings and no longer requires a thermal oxidizer to control HAP emissions to meet a PTE limit of 98percent destruction does not need to have MRR on the thermal oxidizer temperature if reducing HAP emissions was the only purpose of the thermal oxidizer but may now need a PTE limit and require MRR on the content of the coatings). As another example, if the coating operation had instead reformulated their materials such that a specific HAP is eliminated, then appropriate monitoring may simply consist of the ongoing documentation of the remaining HAP content of the materials that corresponds to a new PTE limit based on the remaining HAP in the materials used. We solicit comment on whether, as a result of this rulemaking, facility owners or operators of sources that reclassify will cease to properly operate their control devices where the operation of the control device is needed to restrict the PTE and appropriate MRR are established as enforceable conditions (Comment C–25). As discussed above, MRR requirements are components of the proposed practicably enforceable criterion for effective HAP PTE limits. The MRR requirements ensure that a source complies with its PTE limits and does not emit HAP in major source amounts. As described above in this section, the MRR requirements associated with HAP PTE limits are source specific and will be determined on a case-by-case basis by the regulatory authority issuing the HAP PTE limits. Appropriate MRR requirements serve to assure that the established enforceable PTE limits are being met, to meet the ongoing compliance requirement in the CAA, and to identify for the facility when violations exist in order to return to compliance as quickly as possible. In sum, the EPA proposes that HAP PTE limits that meet the legally and practicably enforceable criteria explained above are effective HAP PTE limits and are necessary and sufficient to support the reclassification of major sources as area sources under section 112 of the CAA. We request comments on the proposed criteria and the elements of effective HAP PTE limits as discussed above (Comment C–26). The EPA is also proposing that legally and practicably enforceable HAP PTE limits VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 issued under state and local regulatory agencies’ rules would be considered effective HAP PTE limitations even if those HAP PTE limits are not federally enforceable. As a result of this proposed determination, the EPA is proposing to amend the PTE definition in 40 CFR 63.2 to require HAP PTE limits to meet the criteria of being legally and practicably enforceable as discussed above. The EPA is also proposing to include in 40 CFR 63.2 the definitions of legally enforceable and practicably enforceable as described above. At the same time, the EPA invites comments on whether there are additional criteria that must be included to ensure that HAP PTE limits are effective and have practical utility (Comment C–27). In particular, the EPA request comment on whether to be effective, HAP PTE limits need to undergo public notice and comment procedures (Comment C–28) and whether HAP PTE limits can be properly and legally established if the limits do not go through public notice and comment procedures (Comment C–29). After the issuance of the MM2A Memorandum, sources and permitting authorities asked about public notice and comment requirements for issuing enforceable PTE HAP limits for sources seeking reclassification. The underlying concerns can relate to the processing time involved and overall burden for certain situations, and confusion about what is required for issuing HAP PTE limitations.35 State and local regulatory agencies implement public notice and comment procedures for state, local, and tribal programs as required under state and/or local regulations and statutes. The legal authority under which the PTE limits are issued contain issuance procedures including any procedures for public notice and comment. Importantly, regulatory authorities use different issuing mechanisms depending on the complexity of the PTE limits required for the situation and the pollutants addressed. Typically, states issue enforceable PTE limits for individual sources in a SIP construction permit or a synthetic minor type of operating permit (e.g., operating permits other than title V permit). States can also utilize less burdensome mechanisms for limiting PTE such as general permits for source categories, 35 Public notice has been closely associated with federal enforceability of PTE limits because, in the past, the EPA regulations have required that for PTE limits issued pursuant to FESOP programs to be considered federally enforceable, a state, local, or tribal program must provide the public and the EPA with an upfront opportunity for notice and comment on any issued limit. See 54 FR 27274, 27282, 27283 (1989). PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 36321 permits by rule or registration programs, as appropriate. Regardless of the mechanism used to issue an enforceable PTE limit, the state must follow the applicable procedures for that mechanism, including providing for public notice and comment when required. As part of the effectiveness criteria, the EPA is requesting comments on whether, in order to further the effectiveness of HAP PTE limits and support reclassification of major sources as area sources under section 112 of the CAA, the EPA should require public comment and notice procedures (Comment C–30). The EPA request comments on how requiring public comment and notice procedures for issuance of HAP PTE limits enhance or is needed for ensuring effectiveness of such limits (Comment C–31). In the past, when the EPA included specific requirements for public comment and notice procedures for programs reviewed and approved by the EPA (i.e., FESOP), state and local agencies raised the cost of the public notice as a concern. For these programs, the EPA then revised the rules to allow for electronic notice as an alternative to newspaper notices. Another concern raised regarding public notice and comment was the additional time associated with this procedural step. We request comments on whether these concerns are still an issue if EPA were to require that HAP PTE limits that will be used as the basis for reclassifying major sources to area source status need to be subject to public notice and comment procedures (Comment C–32). The EPA also requests comments on whether there are specific criteria for deciding under what circumstances a source’s proposed HAP PTE limits would need to undergo public review and comment under the state or local program (e.g., controversial or complex sources, sources with actual emissions close to the major source thresholds, etc.) (Comment C–33). The EPA recognizes that some state-programs may process HAP PTE limits concurrently with a minor NSR or other permitting action such that the EPA and the interested public would have the opportunity to provide comments on PTE limits in that case. The EPA seeks comment on whether the public notice and comment procedures provided in those circumstances would be sufficient (Comment C–34). The EPA requests comments on whether, to be effective and support reclassification from major to area source under section 112 of the CAA, PTE limitations need to undergo public comment and notice procedures (Comment C–35). The EPA notes that E:\FR\FM\26JYP3.SGM 26JYP3 36322 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules nothing in this proposal is meant to alter or affect in any way those public notice procedures in the SIP-approved regulations for federally enforceable programs such as FESOP or minor NSR permit programs. See, i.e., 54 FR 27281– 27281, see also 40 CFR 51.161. To provide information to the EPA and the public, 40 CFR 63.9(b) currently requires sources to notify the EPA when a source becomes subject to a relevant standard and 40 CFR 63.9(j) requires sources to notify the Administrator when there is a change in the information previously submitted to the EPA. This notification requirement applies to sources that reclassify from major source to area source status under CAA section 112 (e.g., by taking a HAP PTE limits). To improve the availability of this information, the EPA is proposing electronic submission of such notifications. Sources that reclassify to area source status by taking a HAP PTE limit are also currently required under 40 CFR 63.10 to keep records of applicability determinations on-site. In this action, the EPA is proposing that any source that takes a HAP PTE limit and uses that limit to reclassify from major source to area source status must keep these records as long as the source is an area source. The EPA expects these notification and recordkeeping requirements under 40 CFR part 63 would assist the EPA in its oversight role under the CAA and be of minimal burden to the regulated community. jbell on DSK3GLQ082PROD with PROPOSALS3 C. Permitting Considerations As mentioned above, sources seeking status reclassification from major source to area source can generally be grouped in three categories: (1) Existing major sources that need to obtain enforceable limits on their HAP PTE to ensure that their emissions do not exceed major source thresholds; (2) existing sources previously classified as major sources for a specific major source NESHAP that already have obtained enforceable limits on all their HAP emissions such that the source’s PTE, as well as actual emissions, is currently below major source thresholds for both each individual HAP and total HAP; and (3) existing sources previously classified as major sources for a specific major source NESHAP that are no longer physically or operationally able to emit HAP in amounts that exceed the major source thresholds (commonly known as true or natural area sources). The third category includes former major sources that no longer have the ability to emit at major source levels either by permanently removing equipment or changing their processes, among other reasons. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 After the issuance of the MM2A Memorandum, the EPA received questions from sources and permitting authorities regarding permit process, mechanisms, and the requirements for reclassifying to an area source. Stakeholders asked that we clarify the process for implementing area source status for sources with title V permits that already have enforceable HAP PTE limits or now no longer have the ability to emit HAP in amounts that exceed major source thresholds. This section addresses these questions. From the questions received in relation to the 2018 MM2A Memorandum, we learned that sources with title V permits that already have enforceable HAP PTE limits or no longer have the ability to emit HAP in amounts that exceed major source thresholds fit in two scenarios. The first scenario involves a source subject to major source requirements that has made changes and no longer has the ability to emit HAP above major source thresholds (i.e., enforceable limits are not needed on the source’s physical or operational design to restrict the source’s PTE) but was still subject to major source requirements because of the OIAI policy. For a source which no longer has the ability to emit HAP at major source levels, enforceable limits for HAP emissions are not needed for changing its status to area source.36 The second scenario involves a source that has already taken enforceable PTE limits on its capacity to emit HAP that make it an area source, often to avoid major source requirements in the future. However, in accordance with the OIAI policy, such a source remained subject to the requirements of any previous major source NESHAP prior to the limits becoming effective because the source was not an area source at the time of the first substantive compliance deadline in that NESHAP. In each of these situations, the EPA assumes that the major source NESHAP requirements have been listed as applicable requirements in the source’s title V (or equivalent) 37 operating permit. A question that applies to all the above scenarios is whether a reclassified 36 The definition of HAP PTE does not mandate a restriction to achieve area source status if, after considering limitations inherent to the process (i.e., the physical or operational design), a source no longer has the capacity to emit HAP above major source thresholds without the aid of operational restrictions. An example of limitations inherent to the process would be changing a boiler so that it can burn only gaseous fuel, such that HAP associated with burning coal need not be considered in determining the source maximum capacity to emit. 37 These include permits the EPA deems to meet the title V requirements but are not called title V operating permits. PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 source continues to have an obligation to comply with the major source requirements in their title V permit. While our reading of the statute is that a source in these scenarios qualifies as an area source of HAP, a permitted source must continue to comply with the terms of its title V permit until the source follows the permitting authority’s procedures for facility changes and permit revisions to its title V permit. Sources should work with their permitting authorities who have knowledge of the specific procedures in their individual programs. The permitting authority will generally be in the best position to help a source decide on the appropriate procedures under the specific program rules. The EPA expects that the procedures will generally depend on the approved regulations and the facts of the situation. Some programs may specifically provide a streamlined mechanism for the removal of non-applicable requirements while others may require a significant modification process. The process may depend on the specific facts of the situation. For instance, some situations may simply call for the removal of the non-applicable major source permit terms and no other changes to the permit. In contrast, when the major source permit terms are relied upon to demonstrate compliance with some other applicable requirement (e.g., in the case of streamlining the permit conditions), concurrently with their removal, the permitting authority may need to reevaluate the MRR for applicable requirements remaining in the permit. Sources should consult with their permitting authority and the program regulations on the proper process to add any newly applicable MRR requirements, but the EPA notes that the regulations in 40 CFR part 71 would require a significant modification to add these requirements to a title V permit. For sources located within Indian country,38 where the EPA is the 38 The Federal Indian Country Minor NSR Rule defines ‘‘Indian country’’ to include three categories of lands consistent with 18 U.S.C. 1151: i.e., Indian reservations, dependent Indian communities, and Indian allotments. The Court vacated the rule with respect to non-reservation areas of Indian country (i.e., dependent Indian communities and Indian allotments), in the absence of a demonstration by the EPA or a tribe that a tribe has jurisdiction over the non-reservation area of Indian country (Oklahoma Dept. of Environmental Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014)). The Court held that states have initial responsibility for implementation plans under CAA section 110 in non-reservation areas of Indian country in the absence of a demonstration of tribal jurisdiction by the EPA or a tribe. Therefore, the Federal Indian Country Minor NSR Rule does not apply in non-reservation areas of Indian country unless and until a tribe or the E:\FR\FM\26JYP3.SGM 26JYP3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules reviewing authority unless the EPA has approved a non-federal minor source permitting program or a delegation of the Federal Indian Country Minor NSR Rule, the Federal Indian Country Minor NSR Rule at 40 CFR 49.151–49.165 provides a mechanism for an otherwise major source to voluntarily accept restrictions on its PTE to become a synthetic minor source. The Federal Indian Country Minor NSR Rule applies to sources located within the exterior boundaries of an Indian reservation or other lands as specified in 40 CFR part 49, collectively referred to as ‘‘Indian country.’’ See 40 CFR 49.151(c), 49.152(d). This mechanism may also be used by an otherwise major source of HAP to voluntarily accept restrictions on its PTE to become a synthetic minor HAP source. The EPA’s Federal Implementation Plan (FIP) program, which includes the Federal Indian Country Minor NSR Rule, provides additional options for particular situations such as general permits for specific source categories to facilitate minor source emissions management in Indian country. Existing sources in Indian country may have PTE limits that preceded the EPA’s FIP for minor sources, and for that reason, were issued a 40 CFR part 71 permit. D. SIP Considerations This rulemaking does not affect states’ continuing obligations under CAA section 110 or requirements for SIP development, including the obligation to maintain major source NESHAP requirements that may have been approved in a SIP under CAA section 110. In addition, states have an ongoing obligation under CAA section 110 to ensure that changes to any measure incorporated into a SIP do not interfere with attainment or maintenance of any National Ambient Air Quality Standards or with any other requirement of the CAA.39 The EPA cannot approve changes to SIP provisions unless the Agency can conclude that the changes would not result in backsliding, pursuant to CAA section 110(l). V. Proposed Regulatory Changes jbell on DSK3GLQ082PROD with PROPOSALS3 To reflect the plain language reading of the statute as discussed in section III above, the EPA is proposing to amend the General Provisions of 40 CFR part EPA has demonstrated that the tribe has jurisdiction in a particular non-reservation area of Indian country. 39 See CAA section 112 (l) ‘‘The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.’’ VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 63, subpart A. We are also proposing amendments to the General Provision tables contained within most subparts of 40 CFR part 63 to incorporate the changes proposed to the General Provisions of 40 CFR part 63, subpart A. The EPA is also proposing changes to several individual NESHAP intended to remove rule specific OIAI provisions. A. Proposed Changes to 40 CFR Part 63, Subpart A: General Provisions 1. Applicability We are proposing to amend the applicability section found in 40 CFR 63.1 by adding a new paragraph (c)(6). This paragraph will specify that a major source can become an area source at any time by limiting its PTE HAP to below the major source thresholds established in 40 CFR 63.2.40 41 42 Sources can also become area sources by making permanent physical changes (e.g., by the removal of emission units), if these changes limit the potential to emit HAP below the major source thresholds. As explained in section IV of this preamble, sources who are seeking to reclassify to area source status will apply to their corresponding regulatory authority and follow the corresponding regulatory authority’s procedures for reclassifying and, if needed, for obtaining enforceable limits on their HAP PTE. A major source that reclassifies to area source will no longer be subject to NESHAP requirements applicable to a major source. The major source requirements to which the source would no longer be subject may include, but 40 Former major sources that no longer have the ability to emit at major source levels due to the permanent removal of equipment or changes in processes are area sources under the plain language of the statute; therefore, and these sources do not need to obtain additional PTE limits to reclassify to area source status. These sources will need to apply with their corresponding regulatory authority and follow the corresponding authority’s procedures for reclassifying from major source status to area source status. 41 Some individual NESHAP standards in 40 CFR part 63 provide sources the opportunity to become area sources not by limiting total mass emissions directly, but by limiting material use or by taking other measures, which in turn, correlate to emissions below major source levels (e.g., 40 CFR part 63, subpart KK, Printing and Publishing and 40 CFR part 63, subpart JJ, Wood Furniture Manufacturing Operations (limiting HAP usage to below major source thresholds)). We recommend that sources refer to the applicable NESHAP for guidance in determining whether the source meets the major source thresholds. 42 We recognize that there may be sources that were major sources as of the first substantive compliance date of a MACT standard that, by complying with non-section 112 CAA requirements, became area sources for HAP emissions. In this instance, the EPA proposes that the source obtain enforceable limitations on its HAP PTE to ensure that those emissions remain below major source thresholds. PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 36323 are not limited to, CAM 43 and title V requirements 44 (assuming the source is not otherwise subject to title V permitting). As an area source complying with its PTE HAP limits, the source would nonetheless be subject to any applicable area source requirements issued pursuant to CAA section 112 and title V if the EPA has not exempted the area source category from such requirements. The statute and existing regulations contain compliance date provisions that address some, but not all, situations. For sources that are subject to certain CAA section 112 requirements on the effective date of those requirements, CAA section 112(i)(3)(A) provides that the source must meet the applicable requirements beginning on the effective date of those requirements, but that the EPA may set a later compliance date for existing sources that provides for compliance ‘‘as expeditiously as practicable, but in no event later than 3 years after the effective date of such standard’’ and with additional time allowed under certain circumstances as provided in CAA sections 112(i)(3)(B) and 112(i)(4) through (8). For an area source that increases its emissions and becomes a major source after the effective date of an emission standard, the existing regulations address the issue of compliance time frames. See 40 CFR 63.6(a)(2) and (c)(5). On the other hand, the existing regulations do not address the issue of compliance time frames for sources that reclassify from major source status to area source status after the effective date of an emission standard. To address the issue of compliance time frames for sources that reclassify from major source status to area source status, we are proposing regulatory text in the new provision at 40 CFR 63.1(c)(6)(i) under which major sources that reclassify to area source status become subject to applicable area source requirements in 40 CFR part 63 immediately upon becoming an area 43 The CAM regulations at 40 CFR 64.2(b)(1)(i) include an exception for emission limitations or standards proposed by the Administrator after November 15, 1990, pursuant to section 111 or 112 of the CAA. In summary, if a particular unit was subject to just a MACT standard, CAM did not apply. But if the unit was also subject to another emission limit/standard (e.g., SIP limit), then the MACT monitoring provisions would have been determined to be presumptively acceptable to meet CAM for the SIP limit. If the MACT standard is then removed, and the source is still required to have a title V permit, then CAM compliance might require re-evaluation. 44 As noted above in section IV.D, the source would need to continue to comply with any major source NESHAP requirements currently in the source’s title V permit until removed by the permitting authority. E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36324 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules source in those situations where the first substantive compliance date has passed. However, where an area source standard would apply to an existing source upon reclassification from major to area source status and different emission points will need control or different emission controls are necessary to comply with the area source standard or other physical changes are needed to comply with the standard, we are proposing that additional time, (not to exceed 3 years), may be granted by the EPA (or a delegated authority) in a compliance schedule if the source demonstrates that the additional time is necessary and reasonable. The proposed regulatory provision, 40 CFR 63.1(c)(6)(i), is consistent with the principle underlying CAA section 112(i)(3) compliance schedule for existing sources because it requires sources to comply immediately with the area source standard upon becoming an area source, and authorizes the EPA (or a delegated authority) to grant additional time in a compliance schedule only if it determines that such time is appropriate based on the facts and circumstances. In any event, any extension of time provided pursuant to the proposed text in 40 CFR 63.1(c)(6)(i) cannot exceed 3 years. In the situation where a major source is engaged in the process of reclassifying to area source status after the initial compliance date of the applicable area source NESHAP has passed, and the source concludes that it needs a compliance extension to meet the applicable area source NESHAP requirements, the source must apply for and obtain that compliance extension before completing the process to reclassify as an area source; otherwise, the source will be in violation of the area source NESHAP. A source that is successful in receiving approval of a compliance extension must continue to comply with the major source NESHAP requirements until such time as compliance with the area source NESHAP is achieved. We solicit comment on the appropriateness of the proposed caseby-case compliance extension date approach discussed above, including, for example, the type of information that should be requested from the source seeking the proposed compliance extension, and whether the limitations proposed above (i.e., the compliance extension is only available if the affected source must undergo a physical change or install additional control equipment to meet the area source NESHAP) are appropriate (Comment C– 36). See proposed regulations at 40 CFR 63.1(c)(6)(i). We also solicit comment generally on the appropriate process for VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 requesting the compliance extension and on the mechanics of obtaining the compliance extension (Comment C–37). If the area source category is not exempted from the requirements of title V, the request for a compliance extension could be made in the context of the title V permit process. If, however, the area source category at issue is exempt from title V, the source could submit its compliance date extension request to the regulatory authority issuing its PTE HAP limits, provided that the regulatory authority has delegation to implement the area source NESHAP. We further solicit comment on whether the proposed compliance date extension provision in 40 CFR 63.1(c)(6)(i) should be available to major sources that reclassify to area source status prior to the compliance date of an applicable area source standard, to the extent that the remaining time before the compliance date is not sufficient time for the source to comply (Comment C–38). In 2007, the EPA considered the issue of time frames for compliance with corresponding CAA section 112 standards when sources reclassify between major and area source status more than once. In particular, the EPA looked at whether it is reasonable to require immediate compliance with previously applicable major source NESHAP requirements for sources that reclassify from major to area source status and then revert back to its previous major source status. As discussed above, the current statutory and regulatory provisions specify the timing for compliance when an area source becomes a major source for the first time. See 40 CFR 63.6(c)(5) and (b)(7). Per 40 CFR 63.6(b)(7), when an area source becomes a major source by the addition of equipment or operations that meet the definition of a ‘‘new affected source’’ in the relevant standard, the portion of the existing facility that is a new affected source must comply with all requirements of that standard applicable to new sources upon startup. On the other hand, 40 CFR 63.6(c)(5) specifies that, except as provided in paragraph (b)(7), the owner or operator of an area source that increases its emissions of (or its PTE) HAP such that the source becomes a major source shall be subject to relevant standards for existing sources and must comply by the date specified in the major source standards for existing sources that are applicable to that source. If no such compliance date is specified in the standards, the source shall have a period of time to comply with the relevant emission standard that is equivalent to the compliance period PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 specified in the relevant standard for existing sources in existence at the time the standard becomes effective. Sources that reclassify to area source status in most cases, if not all, would achieve and maintain area source status by operating the emission controls or continuing to implement the practices (i.e., use of no-HAP or low-HAP compliant material) they used to meet the major source NESHAP requirements. Sources may, in addition to, or in lieu of, operating emission controls, reduce their production level or hours of operation. The EPA has no information to suggest that a source that reclassifies from major to area source status, regardless of the means employed to attain area source status, would remove the controls used to meet the previous applicable major source NESHAP requirements. We recognize that some major source NESHAP allow alternative compliance options, such as the use of low-HAP materials, but these options should continue to be available to the affected source. Moreover, the addition of equipment or process units to an existing affected source should not change the source’s ability to meet the major source NESHAP requirements upon startup of the new equipment or emission unit because the equipment or process units should be accompanied by either a tie-in to existing emission controls or part of the installation of new emission controls. See also 40 CFR 63.6(b)(7) (applying to new affected sources). We solicit comment on whether our information and expectations, as stated in this paragraph, are correct (Comment C–39). For the reasons explained above, in this action the EPA is proposing to add a new provision in 40 CFR 63.1(c)(6)(ii)(A) to specify that a source that reclassifies from major source status to area source status and then later reclassifies back to major source status must meet the major source NESHAP requirements at the time that standard again becomes applicable to the source. This is reasonable because existing affected sources located at the facility that were previously subject to a major source NESHAP should be able to comply with that major source NESHAP immediately upon the requirements again becoming applicable to them. To date, we have identified one set of circumstances where additional time would be necessary for the source to comply with the major source NESHAP in the scenario where a source is reclassifying from area source status to major source status after previously going from major source to area source. Specifically, there are situations where major source NESHAP rules may E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules be amended and either become more stringent or apply to additional emission points or regulate additional HAP. For example, under CAA section 112(d)(6), MACT standards must be reviewed every 8 years and revised if necessary. If revisions issued pursuant to CAA section 112(d)(6) increase the stringency of the standards or revise the standards such that they apply to additional emission points or HAP, it may be necessary to allow existing sources that are returning to major source status some additional time to come into compliance with the new major source requirements. The revision of a NESHAP pursuant to CAA section 112(d)(6) is only one example of a situation where a major source NESHAP rule may be revised. Many types of rule amendments that substantively modify the NESHAP could provide a basis for additional time for compliance. Thus, we are proposing to add a provision in 40 CFR 63.1(c)(6)(ii)(B) that sources that reclassify from major source to area source and then revert to major source status, be allowed additional time for compliance if the major source NESHAP has changed such that the source must undergo a physical change, install additional emission controls, and/or implement new emission control measures. We propose that such sources have the same time period to comply with the revised major source NESHAP as is allowed for existing sources subject to the revised major source NESHAP. The source will need to continue complying with the area source requirements until such time as compliance with the major source requirements is achieved. We solicit comment on this proposed compliance time frame and whether the proposed regulatory text in 40 CFR 63.1(c)(6)(ii)(B) adequately captures the intended exception (Comment C–40). We solicit comment on the appropriateness of the proposed immediate compliance rule for sources that reclassify between major and area source status more than once and whether such a rule should be finalized (Comment C–41). Further, we solicit comment on whether, if it is finalized, there are other situations, in addition to the one noted above, that would necessitate an extension of the time period specified for compliance with the major source NESHAP requirements (Comment C–42). We further solicit comment on whether we should instead allow all sources that revert back to major source status a specific period of time in which to comply with the major source NESHAP requirements, which would be consistent with the approach VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 provided for in 40 CFR 63.6(c)(5) (Comment C–43). If we promulgate this approach in the final rule, we request comment on whether we should provide the same time period as is already provided for in 40 CFR 63.6(c)(5), or whether a different time period is appropriate and why. To the extent a commenter proposes a compliance time frame, we request that the commenter explain the basis for providing that time frame with enough specificity for the EPA to evaluate the request (Comment C–44). Thus, depending on the comments received and the factual circumstances identified, the options we are considering include: (1) Not finalizing the immediate compliance rule with exceptions, and instead providing all sources that revert back to major source status a defined period of time to comply consistent with the provisions of 40 CFR 63.6(c)(5); and (2) finalizing the proposed immediate compliance rule and adopting additional exceptions to that rule if we receive persuasive and concrete scenarios that would warrant allowing additional time to comply with previously applicable major source NESHAP requirements.45 If we pursue the former approach, we would likely amend 40 CFR 63.6(c)(5). If we pursue the latter approach and retain the immediate compliance rule but create exceptions in addition to the one noted above, there are two ways to implement the exceptions: (1) Through a case-bycase compliance extension request process or (2) by identifying in the final rule specific exceptions to the immediate compliance rule and providing a time period for compliance for each identified exception. Under the case-by-case approach, the EPA or delegated regulatory authority could grant limited additional time for compliance upon a specific showing of need. A case-by-case compliance extension request process would call for the owners or operators of sources to submit to the relevant regulatory authority a request that (1) identifies the specific additional time needed for compliance, and (2) explains, in detail, why the source needs additional time to come into compliance with the major source NESHAP. The regulatory authority would review the request and new proposed regulatory provision at 40 CFR 63.1(c)(6)(ii) would be subject to the provisions of 40 CFR 63.6(b)(7). Thus, if a source adds a piece of equipment which results in emissions at levels in excess of the major source thresholds, and that equipment meets the definition of a new affected source under the relevant NESHAP, the source would be subject to the provisions of 40 CFR 63.6(b)(7) and would have to meet the requirements for new sources in the relevant major source NESHAP, including compliance at startup. PO 00000 45 The Frm 00023 Fmt 4701 Sfmt 4702 36325 could either approve it in whole, or in part (i.e., by specifying a different compliance time frame or allowing different time frames for different parts of the affected sources) or deny the request. We envision that a request for a compliance extension, if such an option is provided in the final rule, would ordinarily be made in the context of the title V permit application or an application to modify an existing title V permit. Any compliance extension, if granted, would be memorialized in the title V permit. If we finalize the proposed immediate compliance rule with exceptions, we will also consider the option of including in the final rule defined compliance extension time frames for defined factual scenarios, as we have done for the exception described above. Under this approach, if a source satisfies the criteria identified in the final rule, it would automatically be afforded a specified extension of time to comply with the major source NESHAP requirements upon the source, again becoming subject to the NESHAP. This specified extension approach would be useful if there are specific factual scenarios that affect a broad number of sources because defining the compliance extension time frame in the final rule eliminates the burden on regulatory authorities associated with the case-by-case approach. In submitting your comments on the above-noted issues and proposed 40 CFR 63.6(c)(6) provision, identify, with specificity, the factual circumstances that would warrant a compliance extension, explain why the source would need the extension under the circumstances identified, and explain why the source could not comply with the standard immediately upon reverting to major source status given the identified circumstances (Comment C–45). We specifically solicit comment on our discussion above as to the mechanics of obtaining a compliance extension if a case-by-case approach is finalized, including, for example, the type of information to request from the source seeking the proposed compliance extension, the process to be used to obtain the extension, and any limitations on providing extensions (Comment C–46).46 We further solicit 46 Some major sources that switch to area source status may, as an area source, no longer be subject to title V permit requirements and, therefore, apply to their permitting authority to terminate their title V permits. In this situation, the source would need to obtain HAP PTE limits through a regulatory vehicle other than title V. Presumably, such sources would have their title V permit terminated at the same time their enforceable PTE limits become effective. If, however, the area source reverts to major source status, the source will once again have E:\FR\FM\26JYP3.SGM Continued 26JYP3 36326 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS3 comment on the approach of providing a specified compliance extension in the final rule for certain defined factual scenarios (Comment C–47). Regarding this approach, we solicit comment on the nature of the scenario that would warrant such an extension and the specific amount of additional time that would be needed to comply with the major source NESHAP requirements and why such a period of time is needed to comply (Comment C–48). We also request comments on whether a source that cannot immediately comply with previously or newly applicable major source NESHAP requirements at the time it requests reclassification, should be required to continue to comply with the HAP PTE limits until the source can comply with the corresponding major source NESHAP requirements (Comment C–49). The EPA is also proposing to add a new provision at 40 CFR 63.1(c)(6)(iii) to address the interaction of the reclassification of sources with enforcement actions. Specifically, we are proposing that sources that reclassify from major to area source status and are subject to enforcement investigations or enforcement actions are not absolved from the results of such investigations or the consequences of such actions by becoming area sources. Although sources that are the subject of an investigation or enforcement action may still seek area source status for purposes of future applicability, they are not absolved of any previous or pending violations of the CAA that occurred while they were a major source, and the source must bear the consequences of any enforcement action or remedy imposed upon it, which could include fines, imposition of additional emission reduction requirements, or other remedies for noncompliance. Accordingly, a source cannot use its new area source status as a defense to major source NESHAP violations that occurred while the source was a major source. Similarly, becoming a major source does not absolve a source subject to an enforcement action or investigation for area source violations or infractions from the consequences of any actions occurring when the source was an area source. to obtain a title V permit. The source would also have to have its enforceable PTE limits terminated to allow it to emit at major source levels. Once the HAP PTE limits no longer apply to the source, the source must comply with all applicable major source NESHAP requirements or have taken appropriate steps to apply for compliance extensions for each applicable major source NESHAP. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 2. Definitions In this action, the EPA is proposing specific criteria that a HAP PTE limit must meet to be effective in ensuring that a source would not emit above the PTE levels for each emission unit in the permit. The EPA is proposing to amend the PTE definition in 40 CFR 63.2, accordingly, by removing the requirement for federally enforceable PTE limits and requiring instead that PTE limits meet the effectiveness criteria of being both legally enforceable and practicably enforceable as described in detail in section IV. B of this proposal. The EPA is proposing to include in 40 CFR 63.2 the definitions of legally enforceable and practicably enforceable. The EPA proposes legally enforceable to mean that an emission limitation or other standards meet the following criteria: (1) Must identify the legal authority under which the limitations or standards are being issued; and (2) must provide the right for the issuing authority to enforce it. The EPA proposes practicably enforceable to mean that an emission limitation or other standards meet the following criteria: (1) Must be written so that it is possible to verify compliance and to document violations when enforcement action is necessary; (2) must specify a technically accurate numerical limitation and identify the portions of the source subject to the limitation. The time frame for the limitation (e.g., hourly, daily, monthly, and annual limits such as annual limits rolled on a monthly basis) taking into account the type of parameter limited (an indirect indicator of emissions such as a continuous monitoring system limit should have a shorter time frame than a direct measurement of HAP emissions to account for the relationship between HAP emissions and the monitored parameter); and (3) must specify the method of determining compliance, including appropriate MRR. We request comments on whether other criteria are needed to ensure the emission limitations are practicably enforceable (Comment C–50). 3. Recordkeeping and Reporting Requirements The EPA is proposing to amend the recordkeeping requirements for applicability determinations in 40 CFR 63.10(b)(3) by adding text to clarify that this requirement applies to an owner or operator with an existing or new stationary source that is in a source category regulated by a standard established pursuant to CAA section 112, but that is not subject to the relevant standard because of legally and PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 practicably enforceable limitations on the source’s HAP PTE. The proposed text also clarifies that the record of the applicability determination must include an emissions analysis (or other information) that demonstrates the owner or operator’s conclusion that the source is not subject to major source requirements. The analysis (or other information) must be sufficiently detailed to allow the Administrator to make an applicability finding for the source with regard to the relevant standard or other requirements. The EPA is proposing to remove the time limit for record retention in 40 CFR 63.10(b)(3) so sources that obtain new enforceable PTE limits are required to keep the required record of the applicability determination until the source becomes subject to major source requirements. We request comments on the propose amendment to 40 CFR 63.10(b)(3) removing the time limit for keeping these records and requiring that the records be maintained until the source becomes an affected source as described above (Comment C–51). The EPA is further proposing to amend the recordkeeping requirements for records submitted through CEDRI by adding 40 CFR 63.10(g) to clarify the records submitted through CEDRI may be maintained in electronic format. This provision does not remove the requirement for facilities to make records, data, and reports available upon request by a delegated air agency or the EPA upon request. 4. Notification Requirements The EPA is proposing to amend the notification requirements in 40 CFR 63.9(b) so that an owner or operator of a facility must notify the Administrator of any standards to which it becomes subject. With this amendment, the notification requirements of 40 CFR 63.9 will cover both situations where a source reclassifies from major to area source status and where a source reclassifies from major to area and subsequently reverts back to major source status. The EPA is also proposing to clarify that a source that reclassifies must notify the EPA of any changes in the applicability of the standards that the source was subject to per the notification requirements of 40 CFR 63.9(j). The EPA is also proposing to amend the notification requirements in 40 CFR 63.9(b) and (j) to require the notification be submitted electronically through the CEDRI. The EPA is also proposing to amend the General Provisions to add 40 CFR 63.9(k) to include the CEDRI submission procedures. Additionally, the EPA has identified two broad circumstances in E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules which extensions of the time frame for electronic submittal may be provided. In both circumstances, the decision to accept the claim of needing additional time to submit is within the discretion of the Administrator, and submittal should occur as soon as possible. The EPA is providing these potential extensions to protect owners and operators from noncompliance in cases where they cannot successfully submit a notification by the submittal deadline for reasons outside of their control. The situation where an extension may be warranted due to outages of the EPA’s Central Data Exchange or CEDRI that preclude an owner or operator from accessing the system and submitting a required notification is addressed in 40 CFR 63.9(k)(1). The situation where an extension may be warranted due to a force majeure event, which is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents an owner or operator from complying with the requirement to submit electronically as required by this rule, is addressed in 40 CFR 63.9(k)(2). Examples of such events are acts of nature, acts of war or terrorism, or equipment failure or safety hazards beyond the control of the facility. The electronic submittal of the notifications addressed in this proposed rulemaking will increase the usefulness of the notification, is in keeping with current trends in data availability and transparency, will further assist in the protection of public health and the environment, will improve compliance by facilitating the ability of delegated state, local, tribal, and territorial air agencies and the EPA to assess and determine compliance and the applicability of major and area source standards to a facility, and will ultimately reduce burden on regulated facilities, delegated air agencies, and the EPA. Electronic submittal also eliminates paper-based, manual processes, thereby saving time and resources and providing data quickly and accurately to the affected facilities, air agencies, the EPA, and the public. Moreover, electronic reporting is consistent with the EPA’s plan 47 to implement Executive Order 13563 and is in keeping with the EPA’s Agencywide policy 48 developed in response to 47 The EPA’s ‘‘Final Plan for Periodic Retrospective Reviews,’’ August 2011. Available at: https://www.regulations.gov/document?D=EPA-HQOA-2011-0156-0154. 48 ‘‘E-Reporting Policy Statement for EPA Regulations,’’ September 2013. Available at: https:// www.epa.gov/sites/production/files/2016-03/ VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 the White House’s Digital Government Strategy.49 The EPA is also proposing to amend 40 CFR 63.12(c) to specify that a delegated authority may not exempt sources from reporting electronically to the EPA when stipulated by this part. For more information on the benefits of electronic reporting, see the memorandum, ‘‘Electronic Reporting Requirements for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Rules,’’ available in Docket ID No. EPA– HQ–OAR–2019–0282. B. Proposed Changes to Individual NESHAP General Provisions Applicability Tables We are proposing to amend the General Provisions applicability tables contained within most subparts of 40 CFR part 63 to add a reference to a new paragraph 40 CFR 63.1(c)(6) discussed in the section above and add a reference to reflect the proposed CEDRI submission procedures of 40 CFR 63.9(k) discussed above. We solicit comments on whether any other subparts warrant amendment to reference the new General Provision 40 CFR 63.1(c)(6) or the CEDRI submission procedures in 40 CFR 63.9(k) (Comment C–52). C. Proposed Changes to Individual NESHAP The EPA has identified one general category of regulatory provisions in several NESHAP subparts that reflect the 1995 OIAI policy that require revision pursuant to this action. This category of provisions addresses the date by which a major source can become an area source. Accordingly, in this action we are proposing to revise the following provisions: 40 CFR part 63, subpart QQQ at 63.1441; 40 CFR part 63, subpart QQQQQ at 63.9485; 40 CFR part 63, subpart RRRRR at 63.9581; and Table 2 of 40 CFR part 63, subpart WWWW. We also identified several area source NESHAP containing notification provisions (i.e., initial notification) applicable to existing sources which have passed. The following area source NESHAP contain notification requirements for existing sources with specific deadlines that are in the past: 40 CFR part 63, subpart HHHHHH at documents/epa-ereporting-policy-statement-201309-30.pdf. 49 ‘‘Digital Government: Building a 21st Century Platform to Better Serve the American People,’’ May 2012. Available at: https:// obamawhitehouse.archives.gov/sites/default/files/ omb/egov/digital-government/digitalgovernment.html. PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 36327 63.11175; 40 CFR part 63, subpart XXXXXX at 63.11519; 40 CFR part 63, subpart YYYYYY at 63.11529; 40 CFR part 63, subpart AAAAAAA at 63.11564; 40 CFR part 63, subpart BBBBBBB at 63.11585; 40 CFR part 63, subpart CCCCCCC at 63.11603. We are proposing to amend these provisions to add language applicable to existing sources that reclassify from major source to area source status. Consistent with other area source NESHAP notification requirements, we propose that, for an existing source that reclassify from major to area source status, the notification shall be submitted no later than 120 calendar days after the source becomes subject to the relevant area source NESHAP requirements. We further solicit comment on whether there are any other regulatory provisions in any of the individual subparts that would warrant modification or clarification consistent with this proposal (Comment C–53). VI. Impacts of Proposed Amendments In this section, we present the findings of the cost, environmental, and economic impacts associated with this action. While the opportunity to reclassify from major to area source status under section 112 of the CAA is available to all major sources of HAP, the EPA has very limited information on how many sources may choose to limit their PTE HAP to below major source thresholds and reclassify to area source status as a result of this action. We outline in section IV of this preamble the series of analyses and considerations a source will undergo to reclassify from major to area source, including: Evaluating actual and potential HAP emissions, technical feasibility of effectively limiting the source’s PTE HAP, process to obtain effective PTE limitations, as well as other considerations. Because each source will assess its own situation to determine whether the costs and benefits associated with becoming an area source are advantageous to the source, there are inherent uncertainties in determining the number of sources to include in the illustrative analysis presented here. The EPA specifically solicited comments in 2007 on the number of potential and likely sources that may avail themselves of the opportunity to reclassify. Many of the commenters on the 2007 proposal stated that the opportunity to reclassify to area source status will mainly benefit manufacturing operations that have been working on technological advances and/or process changes to reduce their E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36328 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules emissions. Commenters in 2007 did not provide specific information and data in response to this request that would allow the EPA to analyze the impacts. Since the inception of the air toxics program under section 112 of the CAA, the EPA has observed significant improvements in technologies and processes that have significantly reduced, or in some cases eliminated, the use of HAP from many operations. These advances include process or procedural changes, equipment or technology modifications, reformulation or redesign of products, and substitution of raw materials. Although the incorporation of such advances will benefit all sources regardless of the size and status, such incorporation at smallto medium-sized major sources can aid those sources to reduce their HAP emissions to below major source thresholds. Sources that might seek reclassification to area source status can generally be grouped into three categories: (1) Major sources that need to obtain enforceable limits on their PTE HAP to ensure that the emissions do not exceed major source thresholds; (2) sources previously classified as major sources that already have enforceable limits on their HAP emissions such that their PTE is below the major source thresholds; and (3) sources previously classified as major sources that are no longer physically or operationally able to emit HAP in amounts that exceed the major source thresholds (commonly known as true or natural area sources). As discussed below, commenters on the 2007 proposal asserted that the implementation of the plain reading of the definitions of major and area source in section 112 of the CAA and withdrawal of the OIAI policy will encourage innovation in pollution reduction technologies, engineering, and work practices. For many sources, the opportunity to reclassify to area source status may create an incentive to evaluate their operations and consider changes that can further reduce their HAP emissions to below the major source thresholds if the source views those changes as an opportunity to reduce costs of production, increase productivity, or reduce the opportunity costs of complying with major source NESHAP requirements. For example, sources using surface coatings 50 may see the opportunity to become an area 50 Coating manufacturing operations covered by NESHAP include: Shipbuilding and repair; wood furniture; aerospace; fiberglass boat; metal coil; paper and other web; metal furniture; large appliances; wooden building parts; plastic parts; fabric; miscellaneous metal parts and products; auto and light duty trucks; and metal can. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 source as an extra incentive to invest in the development of new low- or no-HAP content coatings, inks, and binders. Similarly, sources with boilers and engines may benefit from replacing old boilers and engines with new, more efficient, and clean technologies, which not only could help a source reduce HAP to below the major source thresholds but could also reduce fuel use and associated costs. The EPA specifically requests information and specific examples of sources that would consider investing in additional emissions reduction measures like changing processes or installing additional emission controls (intrinsic to the source or additional add-on controls), installing new lower emitting equipment, or implementing P2 initiatives to avail themselves of the potential to seek reclassification to area source status (Comment C–54). The Agency is interested both in comments in which the commenters themselves would consider investing in additional emissions reduction measures, and comments identifying specific types of facilities that would be able to invest in additional emissions reduction measures (Comment C–55). Commenters on the 2007 proposal noted that many sources have undergone facility and/or operational modifications that will ensure maintenance of emission reductions even without the sources remaining subject to major source NESHAP requirements. For these sources, the opportunity to reclassify will result in a reduction in regulatory burden with no potential for HAP emission increases. An example provided in the 2007 comments is that of a gasoline distribution terminal 51 classified as a major source of HAP and subject to 40 CFR part 63, subpart R, NESHAP for Gasoline Distribution Facilities. The site converted from methyl tertiary butyl ether to ethanol to comply with reformulated gasoline requirements and obtained enforceable HAP limitations below the major source thresholds so that two other major source NESHAP rules (Organic Liquids Distribution: 40 CFR part 63, subpart EEEE, and Site Remediation: 40 CFR part 63, subpart GGG) would not be applicable. Because this facility is also a major source of VOC, the site has, and will continue to have, a title V permit. Vapors from loading facilities are currently captured by a vapor recovery system and the tanks are equipped with floating roofs. In light of their existing enforceable PTE limitations, the source could submit a request to their permitting authority to PO 00000 51 EPA–HQ–OAR–2004–0094–0125. Frm 00026 Fmt 4701 Sfmt 4702 be reclassified as an area source and to remove the 40 CFR part 63, subpart R major source requirements from its title V permit. The facility will still be subject to NSPS 40 CFR part 60, subpart XX, for bulk gasoline terminals and NSPS 40 CFR part 60, subpart Kb, for storage vessels. In addition, the facility will be subject to the Gasoline Distribution area source NESHAP 40 CFR part 63, subpart BBBBBB requirements. The commenter then asserted that emissions will continue to be controlled while allowing a reduction in regulatory burden at the source. In the section below the EPA presents the potential impacts of the proposed amendments. This action does not mandate any source to reclassify to area source status. An evaluation of the potential to reclassify to area source status involves many source-specific considerations (discussed above and in section IV). Each source must assess its own situation to determine whether the costs and benefits associated with becoming an area source are advantageous to the source. Because of inherent uncertainties in determining how many and which sources may choose to reclassify from major source to area source, we can only present illustrative analyses concerning the impacts of the proposed amendments. We estimated the potential costs and cost savings associated with this proposed action by determining which sources are likely to have the option to reclassify from major to area source status and then we assessed the potential costs and cost savings. The potential costs and cost savings presented in the proposal cost memorandum and RIA are the results of an illustrative assessment. It is unknown how many sources would choose to take legally and practicably enforceable HAP PTE limits to below major source thresholds and reclassify to area source status. The illustrative assessment is based on the following key assumptions: (1) We estimated that only those facilities whose actual emissions are below 75 percent of the major source thresholds (7.5 tpy for a single HAP and 18.75 tpy for all HAP) would reclassify from major to area source status (this assumption forms the basis for the primary alternative scenario analyzed for this proposal); (2) the costs that we estimated to be incurred by the facilities are the costs associated with permitting actions necessary to obtain area source status; (3) the costs that we estimated to be incurred by permitting authorities are the costs associated with permitting actions necessary to permit facilities as E:\FR\FM\26JYP3.SGM 26JYP3 36329 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules area sources; and (4) the cost savings estimates are based solely on estimated changes in labor burden related to MRR requirements that would either no longer apply or would change based on the specific requirements in the major source and area source rules that apply to a particular source category. In addition, we conducted this illustrative assessment for two alternative scenarios. Alternative scenario 1 assumed that only those facilities whose actual emissions are below 50 percent of the major source thresholds (5 tpy for a single HAP and 12.5 tpy for all HAP) would reclassify from major to area source status. Alternative scenario 2 assumed that sources below 125 percent of the major source thresholds (12.5 tpy for a single HAP and 31.25 tpy for all HAP) would reclassify from major to area source status. As part of the overall analysis of the 125 percent alternative scenario, we examined the potential control costs for major sources in a few source categories that may reduce HAP emissions as part of reclassifying to area HAP sources. Details of this potential control cost analysis are presented in the memorandum, ‘‘Analysis of Illustrative 125% Scenario for MM2A Proposal—Potential Cost Impacts from HAP Major Sources Reducing Emissions as part of Reclassifying to HAP Area Sources,’’ which is available in the docket for this action. Discussion of these scenarios and results can be found in the RIA for this proposal. The details of the cost analysis are presented in the memorandum, ‘‘Analysis of Potential Costs and Cost Savings Associated with Facilities Reclassifying as Area Sources,’’ which is available in the docket for this action. A summary of the results of our illustrative cost and cost savings illustrative analysis is presented in Table 2. TABLE 2—RESULTS OF POTENTIAL COSTS AND COST SAVINGS ILLUSTRATIVE ANALYSIS Total number of facilities in source category subject to major source NESHAP Facilities projected to obtain area source status 1 71 source categories for which the EPA had RTR data ............................ 3,065 1,621 (52.9%) Extrapolated source categories (35 categories) 2 ....................................... 3,034 1,383 (45.6%) Industrial, commercial, and institutional boilers and process heaters (3 categories) 2. 1,821 908 (49.9%) Total 5 ................................................................................................... 7,920 3,912 (49.4%) Coverage Potential net annual cost savings (2014$) $73.4 $86.4 $69.8 $80.9 $25.8 $33.1 Million Million Million Million Million Million (yr (yr (yr (yr (yr (yr 1).3 2).4 1). 2). 1). 2). $169.0 Million (yr 1).6 $200.3 Million (yr 2). jbell on DSK3GLQ082PROD with PROPOSALS3 1 Results are for the 75-percent cut-off scenario—whole facility emissions below 75 percent of the major source thresholds (7.5 tpy for one HAP and 18.75 tpy for combined HAP). 2 Extrapolated using the EPA’s Enforcement and Compliance History Online (ECHO) data. 3 Costs incurred by sources and permitting authority assumed in year 1. 4 Year 2 impacts are also representative of annual impacts beyond year 2. 5 This analysis was done source category by source category. The one possibility for double counting is in the permitting costs incurred in year 1, which the EPA applied to each facility in each source category regardless of whether a permit change would cover more than one source category (for facilities subject to more than one major source NESHAP). 6 The analytic timeline begins in 2020 and continues thereafter for an indefinite period. Year 1 impacts are those for 1 year after 2020, and year 2 impacts are those for the second year after 2020 and annually afterwards. The EPA also estimated the PV of the illustrative cost savings for the main illustrative scenario and each alternative scenario. The PV is the value of a stream of impacts over time, discounted to the current (or nearly current) year. The PV of the cost savings for the primary illustrative scenario is $2.34 billion (in 2014 dollars) at a discount rate of 7 percent, which is discounted to 2016. At a discount rate of 3 percent, the PV is $6.08 billion (in 2014 dollars), again discounted to 2016. In 2016 dollars, these PVs are $2.39 billion at a 7percent discount rate and $6.2 billion at a 3-percent discount rate, discounted to 2016. Another measure of the annual cost savings to complement the estimates in Table 2 is the EAV. This annual impact estimate is calculated consistent with the PV. The EAV is $164 million (2014 dollars) and $167 million (2016 dollars) at a 7-percent discount rate for the primary scenario. At a 3percent discount rate, the EAV is $183 million (2014 dollars) and $187 million VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 (2016 dollars). The PVs for each alternative scenario and discount rate in 2014 and 2016 dollars can be found in the RIA for the proposal. To assess the potential emission impact associated with the reclassification of sources, the EPA evaluated the sources that the EPA knows have reclassified to area source status consistent with the EPA’s plain language reading of the CAA section 112 definitions of ‘‘major’’ and ‘‘area’’ source since January 2018. The review of these reclassifications provides a representation of the potential realworld impact on emissions by looking at the facts and circumstances of actual reclassification actions. In addition to the evaluation of the reclassification actions, the EPA performed an illustrative assessment for six source categories: Wood Furniture Manufacturing Operations, Surface Coating of Metal Cans, Surface Coating of Miscellaneous Metal Parts and Products, Wet-Formed Fiberglass Mat PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 Production, Hydrochloric Acid (HCl) Production, and Non-Gasoline Organic Liquids Distribution (OLD). The analysis of these six source categories is informative in some respects but is only illustrative and speculative in nature and can only present a range of possible outcomes that is dependent on the assumptions that we made in the assessment. The details and results of the emission analysis are summarized below presented in detail in the emission impact analysis technical support memorandum, which is available in the docket for this action.52 The EPA reviewed permits associated with 34 reclassifications to area source status. Of the 34 sources reviewed for this analysis, 21 sources can be classified as coating type sources; five as oil and gas sources; four as fuel 52 See Technical Support Memorandum (TSM): Emission Impacts Analysis for the Proposed Rulemaking ‘‘Reclassification of Major Sources as Area Sources under Section 112 of the Clean Air Act.’’ E:\FR\FM\26JYP3.SGM 26JYP3 36330 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS3 combustion/boiler sources, three as chemical sources and one as heavy industry. (See Table 2 of Emission Impacts Analysis TSM available in the docket for this action).53 To assess the potential for emission impacts due to reclassification, the EPA focused the review on the enforceable conditions associated with the HAP PTE limitations for the emission units previously subject to major source NESHAP requirements and whether the sources that reclassified will continue to use the major source NESHAP compliance obligations for these emission units as an enforceable condition on the source’s PTE. A summary of the permit review and emission evaluation is presented in Table 2 and Appendix 1 of the Emission Impacts Analysis TSM available in the docket for this action. The EPA’s findings from the permit review and emission evaluation is that sources that reclassify to area source status would, in most cases, achieve and maintain area source status by operating the emission controls or continuing to implement the practices they used to comply with the major source NESHAP requirements. Below is an overview of the EPA’s findings from the permit review and evaluation: • Of the 21 coating sources (Facilities #1–21 on Table 2 of Emission Impact Analysis TSM), 20 used compliant materials (low-HAP/no-HAP) to meet applicable major source requirements, and their continued use of compliant materials is an enforceable condition after reclassification. Only one source (Facility #13) used a regenerative thermal oxidizer (RTO) to meet the applicable major source requirements and their continued use of the RTO is an enforceable condition after reclassification. Thus, the EPA does not expect emissions increases from those sources using compliant materials (lowHAP/no-HAP) both before and after reclassification. Similarly, for the coating source using the RTO, the permit for this source continues to require the use of an RTO ensuring a HAP destruction efficiency of 95 percent as an enforceable permit requirement. Therefore, we don’t expect emissions increases resulting from the reclassification of this facility. 53 As part of this review, the EPA identified one source subject to 40 CFR part 63, subpart WWWW (Reinforced Plastic Composite Production). As discussed above in the preamble, 40 CFR part 63, subpart WWWW contains a regulatory provision that reflects the 1995 OIAI policy. In this action, the EPA is proposing to revise Table 2 of subpart WWWW by removing the date after which a major source cannot become an area source. The existing provision will remain in effect until such time as it is revised or removed by final agency action. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 • All five oil and gas sources (Facilities #22–26 on Table 2 of Emission Impact Analysis TSM), that reclassified or are in the process of reclassifying relied on the use of control technologies to meet applicable major source requirements before reclassification, and their continued use of these control technologies is an enforceable condition after reclassification. Four of these facilities (#22, #24, #25, and #26) were subject to the major source requirements of the Oil and Natural Gas Production NESHAP while one facility (#23) was subject to the major source requirements of the Stationary Reciprocating Internal Combustion Engines (RICE) NESHAP. Æ The facility (#23) previously subject to the major source RICE NESHAP requirements, replaced old engines with new engines equipped with a catalytic oxidizer designed to reduce HAP emissions (formaldehyde by 90 percent) prior to the reclassification. Since reclassification, this facility continues to be subject to enforceable conditions on the operation of the engines and the catalytic oxidizer to reduce formaldehyde by 90 percent. Thus, we don’t expect emissions increases resulting from the reclassification of this facility. Æ Of the four facilities that were subject to the major source requirements of the Oil and Natural Gas Production NESHAP, two (#22 and #26) relied on the use of flares and enclosed combustion devices to meet applicable major source requirements before reclassification, and their continued use of these control technologies is required as an enforceable condition after reclassification. The permit for another facility (#24), as proposed, will impose enforceable emission restrictions for an existing installed and operating emissions unit and associated voluntarily installed and operated control device. The proposed enforceable conditions include the operation of an enclosed combustor to control the VOC and HAP emissions from a triethylene glycol dehydrator still vent. If these enforceable conditions are finalized, we don’t expect emissions increases resulting from the reclassification of this facility. The last facility in this category (#25) took additional enforceable limits on the amount of low-pressure relief gas vented to the atmosphere to ensure emissions of the individual HAP 2,2,4trimethylpentane (largest individual HAP for the gas compression/venting operation) emissions are below 10 tpy. This enforceable limitation ensures HAP emissions will not increase as a result of the modification to vent the low- PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 pressure gas directly to the atmosphere instead of being recovered in a vapor recovery unit. Without the enforceable limitations in the amount of lowpressure relief gas vented to the atmosphere, emissions from the gas compression/venting would have increased (uncontrolled PTE) to 10.3 tpy for the largest individual HAP. The actions taken by this facility to reclassify to area source status resulted in emission reductions. • Of the four fuel combustion/boiler sources (Facilities # 27–30 on Table 2 of Emission Analysis TSM), three of these sources (#27, #28, #29) had emissions above the major source thresholds as reported in the 2014 National Emission Inventory (NEI). To reclassify, these sources either ceased combustion of coal, ceased operation of boilers, or obtained enforceable restrictions on the combustion of natural gas. For each of these three sources, their actions to reclassify resulted in a reduction of HAP emissions. Another source (#30) relied on material limits and operational restrictions on natural gas usage to meet the applicable major source requirements, and the continued use of these compliance methods is required by an enforceable condition after the reclassification. Thus, the EPA does not expect emission increases from the reclassification of this source. • Two of the chemical sources are gasoline distribution facilities (Facilities #31 and #33 on Table 2 of Emission Analysis TSM). These facilities were subject to 40 CFR part 63, subpart R and relied on vapor flare/vapor combustion to meet the major source requirements before reclassification, and their continued use of this control technology is required as an enforceable condition after reclassification. Since reclassification, their permit continues to require the operation of the vapor flare/vapor combustor at all times when the facility’s loading racks are loading gasoline into transports. These sources are now subject to the area source NESHAP requirements in 40 CFR part 63, subpart BBBBBB that regulate emissions from tanks, transfer racks, roof landings, and maintenance. For these facilities, the EPA reviewed the operating parameters associated with the vapor flare/vapor combustion. The permit for one facility (#31) includes a requirement for annual periodic testing in addition to the continuous monitoring of the presence of the pilot flame to ensure that the enclosed combustor is operational when loading operations occur. The annual performance test together with the monitoring of the presence of the flame ensure operation and performance. We, E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules therefore, do not expect emission increases due to the reclassification of this source. The other gasoline distribution facility (#33) continues to be subject to flare operating and monitoring requirements in 40 CFR part 60, subpart XX (New Source Performance Standards for Bulk Gasoline Terminals). The flare operating and monitoring requirements in 40 CFR part 60, subpart XX are identical to those that the source was previously subject to under 40 CFR part 63, subpart R. This permit also requires testing for specific HAP associated with the vapor combustor to ensure operation and performance. We do not expect emission increases due to the reclassification of this source. • As for the incinerator (Facility #32 on Table 2 of Emission Analysis TSM), the source continues to be subject to the same NESHAP requirements in 40 CFR part 63, subpart EEEE as before reclassification, and it has been reclassified for purposes of applicability with 40 CFR part 63, subpart DD (OffSite Waste Recovery Operations), which covers emissions from tanks and equipment leaks. This source relied on control technologies (fixed roofs with closed vents systems routed to carbon absorption units) as their method of compliance before reclassification and is required by an enforceable condition to continue to operate the same control technologies after reclassification. The source is also subject to Resource Conservation and Recovery Act (RCRA) regulation/permit requirements. The RCRA permit for this facility requires the source to control emissions by venting the tanks through closed vent systems to carbon adsorption units designed and operated to recover the organic vapors vented to them with an efficiency of 95 percent or greater by weight. The tanks shall be covered by a fixed roof and vented directly through the closed vent system to a control device. Therefore, we don’t expect emissions increases due to the reclassification of this source. • As for the lime manufacturing plant (Facility #34 on Table 2 of Emission Analysis TSM), after reclassification this source remains subject to other regulatory obligations, including PM emission limitations, use of a baghouse, and monitored opacity as an operating limit with operation of a COMS. Because of the inherent scrubbing properties of lime and the requirements for the use of a baghouse, we don’t expect emissions increases resulting from the reclassification of this facility. The results of the analysis of these reclassifications show that three sources with NEI 2014 emissions above the VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 major source thresholds took actions that reduced their emissions below what is required by their previously applicable major sources NESHAP and to below the major source thresholds in order to reclassify to area source status. The results also support the conclusion that the remaining 31 sources that reclassified from major to area source status since January 2018 will have no change in emissions. We request comments on the analysis of the reclassification actions presented above and in more details in the Emission Impact Analysis TSM available in the docket (Comment C–56). Specifically, we request comments on whether there are other factual factors to consider for the emission evaluation of these reclassifications (Comment C–57). In addition to the evaluation of the reclassification actions presented above, the EPA performed an illustrative assessment for six source categories: Wood Furniture Manufacturing Operations, Surface Coating of Metal Cans, Surface Coating of Miscellaneous Metal Parts and Products, Wet-Formed Fiberglass Mat Production, HCl Production, and Non-Gasoline OLD. The analysis of these six source categories is informative in some respects but is only illustrative and speculative in nature and can only present a range of possible outcomes that is dependent on the assumption that we made in the assessment. The following discussion summarizes the illustrative emission impact analysis and results of it. The full discussion of the illustrative analysis, including the rationale for our key assumptions and assessments, is presented in the technical support memo for the emission analysis, which is available in the docket for this action.54 Consistent with the review and evaluation of the reclassification actions, the illustrative analysis focuses on whether sources in the evaluated source categories could adjust the types of add-on control equipment used to comply with the major source NESHAP requirements upon reclassification. The EPA considered two set of assumptions for the illustrative analysis. The first set of assumptions aligns with the findings of our permit review presented above in which sources continue to use the same compliance obligations before and after reclassification and add-on controls are not adjusted to decrease control efficiency after the source is reclassified. The second set of assumptions 54 See Technical Support Memorandum: Emission Impacts Analysis for the Proposed Rulemaking ‘‘Reclassification of Major Sources as Area Sources under Section 112 of the Clean Air Act.’’ Available in the docket for this rulemaking. PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 36331 addresses sources that limits and use adjustable add-on controls, estimating possible emission impacts if these sources were allowed by their regulatory authority (i.e., permitting authority) to change the operating parameters of the adjustable add-on controls after reclassifying. To assess the potential for emission changes if sources taking HAP PTE limitations were to be allowed by their permitting authority to change the operating parameters of adjustable addon control, we assumed the following: • For a source category employing adjustable controls, emissions could potentially increase for all facilities with actual emissions below the 75-percent thresholds. • For sources with only a single HAP reported in the NEI and an adjustable control, a potential increase in emissions was calculated as the difference between 7.5 tpy and the estimate of the single largest HAP. Otherwise, the potential emissions increase was estimated as the larger difference between 18.75 tpy and the estimate of total HAP emissions and between 7.5 tpy and the single HAP emissions. For our illustrative assessment, we also considered whether other non-HAP regulatory requirements apply to the facilities that could potentially reclassify and increase emissions that would provide some level of control of HAP from the source/pollutants (i.e., NSPS, control techniques guidelines, etc.) and the extent to which those other regulatory requirements would serve as a backstop that would prevent emission increases and whether area source NESHAP requirements would apply to a source that reclassifies. The details of our illustrative emission analysis, including the rationale for our key assumptions and assessments, are presented in the TSM for the emission analysis, which is available in the docket for this action. A summary of the findings of our illustrative emission impact assessment for the six source categories analyzed is presented in Table 3. The results of our illustrative analysis show that for many facilities, the reclassification from major source to area source status is not expected to result in an increase in that source’s HAP emissions. The analysis also shows that for many sources there are backstops in place that would prevent emission increases (e.g., other non-HAP regulatory requirements that also provide for HAP control). The analysis also shows that for some source categories, no emissions increases, and some emission decreases can be E:\FR\FM\26JYP3.SGM 26JYP3 36332 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules anticipated. Finally, the results of our illustrative analysis show that, for some facilities, there could be a potential for emission increases. However, when the regulatory authority reviews the application for a new or revised permit to reclassify a major source as an area source under section 112 of the CAA, the regulatory authority will consider the current and proposed HAP emissions levels and evaluate the potential for emission increases due to reclassification and whether safeguards are needed to prevent any emission increases due to reclassification. We solicit comments on our emission analysis (analysis of reclassification actions and illustrative analysis) and illustrative control cost analysis for five source categories discussed above and in the docket for this proposed rule, and in general on the potential impacts on emissions resulting from the reclassification of major sources to area source status (Comment C–58). In particular, the EPA is interested in data and analysis on the number and type of major sources that may reclassify from major source to area source status and whether the HAP emissions from those sources will decrease or increase or stay the same (Comment C–59). TABLE 3—RESULTS OF POTENTIAL EMISSION IMPACTS ILLUSTRATIVE ANALYSIS jbell on DSK3GLQ082PROD with PROPOSALS3 Source category, 40 CFR part 63 subpart Number of facilities in source category subject to major source NESHAP Facilities projected to obtain area source status at 75% cut-off scenario/ percent Range of potential HAP increases (tpy) at 75% cut-off Additional facilities projected to obtain area source status at 125% cut-off scenario/ percent Range of potential HAP decreases (tpy) at 125% cut-off Wood Furniture, subpart JJ .............. Metal Cans, subpart KKKK ............... Miscellaneous Metal Parts and Products, subpart MMMM. Wet Formed Fiberglass, subpart HHHH. HCl Production, subpart NNNNN ..... 333 5 371 250/75% 1/20% 268/72% 0 ....................................................... 0 ....................................................... 0 ....................................................... 26/8% 2/40% 46/12% 0–125 0–4 0–160 7 5/71% 0 0 19 3/16% 2/11% 0–4 Non-Gasoline OLD, subpart EEEE ... 177 82/46% 0–6 single HAP; 0–33 combined HAP. 0–11 single HAP; 0–27 combined HAP. 0–1,140 combined HAP ................... 19/11% 0–77 The emission analysis of the 34 reclassification shows for most sources that have reclassified or are in the process of reclassifying the reclassification to area source status will have no change in the sources’ emissions. Specifically, the information that we have shows that 31 of 34 sources will have no change on their emissions as a result of reclassification. The analysis also shows that for three sources the actions the reclassification resulted in additional emission reductions. The illustrative control cost analysis conducted under the 125% scenario considered the potential control costs associated with major sources reducing emissions as part of reclassifying to area sources in five source categories. For two source categories (miscellaneous metal parts and products, and wood furniture manufacturing operations), we find some potential for the cost savings to be greater than the illustrative control costs. More information on the analysis can be found in the Illustrative 125% Scenario Cost Considerations Memorandum that is in the docket for this proposed rulemaking. Based on the results of the EPA’s analysis of the reclassifications of 34 sources and the illustrative control cost analysis of five source categories, this proposed rule may potentially result in both emission reductions and increases VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 from a broad array of affected sources. We are uncertain as to the magnitude, direction, and distribution of changes in emissions across the broad array of affected sources resulting from this rulemaking. As we discuss above and in the docket of this proposed rule, the emissions from different sources will be impacted in different ways. Thus, we are unable to quantify the changes in emissions across these sources. In place of quantitative estimates of the number and economic value of the pollutant changes, we instead characterize these impacts in qualitative terms. For more information on this qualitative characterization, please refer to the benefits analysis included in section 5 of the RIA for this proposed action. The economic impact analysis (EIA), an analysis that is included in the RIA, focuses on impacts at an industry level and impacts are calculated for the scenario in which only facilities whose actual emissions are below 75 percent of the major source thresholds would reclassify from major to area source status. As part of the EIA, the EPA considered the impact of this rulemaking to small entities (small businesses, governments, and non-profit organizations). Impacts are calculated as compliance costs (savings, in this instance) as a percent of sales for businesses, and of budgets for other organizations. For informational PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 purposes, the RIA includes the Small Business Administration’s (SBA) definition of small entities by affected industry categories (defined as North American Industry Classification System) and potential burden reductions from title V and other permitting programs. Since this rule significantly lessens the regulatory burden resulting from ending the OIAI policy, no compliance costs are imposed upon industry categories as a result of this proposal. These avoided costs accrue because some reclassified sources will not be required to obtain or maintain a title V permit or continue meeting major source administrative requirements under section 112 of the CAA. Some of the facilities benefitting from this action are owned by small entities, and these entities along with large entities will experience a reduction in costs from the burden reductions that would take place as a result of this rule. We find that the results of the EIA for the primary scenario show that the annual cost savings per sales for all affected industries is around 0.1 percent, using the median of these estimates, which is approximately $9.1 billion per affected industry, to determine average impact. The details of the EIA and impacts on employment are presented in the RIA of the MM2A proposal, as well as results of the EIA E:\FR\FM\26JYP3.SGM 26JYP3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS3 for the other two alternative scenarios, which is available in the docket for this action. VII. Request for Comments Interested persons may submit comments on any matter that is relevant to this proposed rule. Further, the EPA is expressly soliciting comment on numerous aspects of the proposed rule in various places in this preamble. The EPA has indexed each comment solicitation with an alphanumeric identifier (e.g., ‘‘C–1,’’ ‘‘C–2,’’ ‘‘C–3’’) to provide a consistent framework for effective and efficient provision of comments. Accordingly, the EPA asks that commenters include the corresponding identifier when providing comments relevant to that comment solicitation. The EPA asks that commenters include the identifier in a heading or within the text of each comment (e.g., ‘‘In response to solicitation of comment C–1, . . .’’) to make clear which comment solicitation is being addressed. The EPA emphasizes that the Agency is not limiting comments to these identified areas and encourages submission of any other comments relevant to this proposal. Below we provide a list of the areas the EPA is expressly soliciting comments on. The EPA invites comments: • On whether there are any other regulatory provisions in any of the individual NESHAP subparts that would warrant modification or clarification consistent with this proposal (Comment C–1 and Comment C–53). • On all aspects of this proposal, including the EPA’s position that the withdrawal of the OIAI policy and the proposed approach gives proper effect to the statutory definitions of ‘‘major source’’ and ‘‘area source’’ in CAA section 112(a) and is consistent with the plain language and structure of the CAA as well as the impacts of the proposal on costs, benefits, and emissions impacts (Comment C–2). • On (1) to what extent will theoretical emission increase scenarios actually occur, including (a) what emissions restrictions will be put in place as part of the PTE HAP limits that a major source takes to be reclassified as an area source and (b) whether other regulatory controls are in place and applicable to sources after reclassification that will either continue to restrict the source from emitting above the major source standard or prevent an emissions increase after reclassification; and (2) whether the EPA should adopt regulatory text to establish safeguards to prevent VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 emissions increases following reclassification (Comment C–3). • With respect on whether the EPA should adopt regulatory text to establish safeguards to prevent emissions increases, the EPA is seeking comment on what legal basis the agency would have for requiring such safeguards (Comment C–4). • On the EPA’s rationale for separating the timing of reclassification from the sufficiency of the PTE limits that support reclassification (Comment C–5). • On whether a requirement that PTE limits must include safeguards to prevent emissions increases is a reasonable reading of the ambiguous phrase ‘‘potential to emit considering controls’’ in light of the other provisions in CAA section 112 (Comment C–6). • On whether the arguments presented in opposition to EPA’s plain language reading on timing are appropriately considered on the question of the sufficiency of the PTE limit and support the conclusion that PTE limits used to support reclassification must not allow sources to increase emissions as a result of reclassification (Comment C–7). • Assuming that requiring safeguards against emission increases in PTE limits is a reasonable reading of the statute, the EPA is seeking comment on what safeguards should be required (Comment C–8). • On whether it is reasonable and appropriate to require safeguards against emission increases following reclassification (Comment C–9). • On the EPA’s plain language reading discussed above and to provide specific examples of, and/or provide additional information on these and any other reasons why allowing major sources to reclassify as areas sources would or would not increase emissions from such sources and may even lead to a reduction in their emissions (Comment C–10). • On whether the Agency’s reading is a permissible interpretation of the statute even if it is not the only possible reading (Comment C–11). • On whether it would be appropriate to include in the General Provisions of 40 CFR part 63 the minimum requirements that a major source of HAP must submit to its regulatory authority when seeking to obtain HAP PTE limitations to reclassify as area sources under section 112 of the CAA (Comment C–13), and on whether adding the same or similar requirements that are now in 40 CFR 49.158(a)(1) to 40 CFR 63.10 would be appropriate to create the minimum requirements that a major source of HAP must submit to its PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 36333 regulatory authority when seeking to obtain PTE HAP limitations to reclassify as area sources under section 112 of the CAA (Comment C–15). • On whether the EPA should include in the General Provisions to 40 CFR part 63 the hierarchy of acceptable data and methods a source seeking reclassification would use to determine the source PTE. This hierarchy could be the same or similar to the one provided in 40 CFR 49.158(a)(2) (Comment C–14 and Comment C–16). • On the proposed criteria required for effective HAP PTE limits for purposes of determining whether a source is a major source under 40 CFR 63.2 and whether the EPA’s proposed criteria and their corresponding elements are necessary and sufficient to ensure HAP PTE limits are effective to support reclassification of a major source to an area source (Comment C– 12, Comment C–17, Comment C–18, Comment C–19, Comment C–26, Comment C–27). • On the proposed legally enforceable criterion that HAP PTE limits must identify the legal authority under which the limits are being issued, the appropriateness of this requirement, and on whether there are other considerations that warrant being part of the criterion of legal authority to issue HAP PTE limits (Comment C–21). • On whether state-only or local-only enforcement authority alone is sufficient to impose a credible risk of enforcement and, therefore, ensure compliance with the HAP PTE limits, or whether to be effective, the EPA and/or citizens, through the enforcement authorities in the CAA must also have the authority to enforce the HAP PTE limits that are being used to avoid a federal requirement (Comment C–22). • On whether enforceability of a PTE limit by the EPA and/or citizens reduces the implementation burden for all parties and provides a level of compliance incentive unmatched by enforcement by only a state or local authority that warrants it to be part of the effectiveness criteria (Comment C– 23). • On the inclusion of the specific considerations for monitoring, discussed above in the General Provisions of 40 CFR part 63 proposed regulatory text defining practicably enforceable (Comment C–24) and on whether other criteria are needed to ensure the emission limitations are practicably enforceable (Comment C– 50). • On whether, as a result of this rulemaking, facility owners or operators of sources that reclassify will cease to properly operate their control devices E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36334 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules where the operation of the control device is needed to restrict the PTE and appropriate MRR are established as enforceable conditions (Comment C– 25). • On whether there are other criteria that should be required for ensuring effectiveness of HAP PTE limits including whether public notice and comment procedures should be part of the required effectiveness criteria (Comment C–20, Comment C–13, Comment C–19). • On whether to be effective, HAP PTE limits need to undergo public notice and comment procedures (Comment C–28, Comment C–30, Comment C–35). • On whether HAP PTE limits can be properly and legally established if the limits do not go through public notice and comment procedures (Comment C– 29). • On how requiring public comment and notice procedures for issuance of HAP PTE limits enhance or is needed for ensuring effectiveness of such limits (Comment C–31). • On whether the concerns raised in the past are still an issue if EPA were to require that HAP PTE limits that will be used as the basis for reclassifying major sources to area source status need to be subject to a public notice and comment procedures (Comment C–32). • On whether there are specific criteria for deciding under what circumstances a source’s proposed HAP PTE limits would need to undergo public review and comment under the state or local program (e.g., controversial or complex sources, sources with actual emissions close to the major source thresholds, etc.) (Comment C–33). • Given that the EPA recognizes that some state-programs may process HAP PTE limits concurrently with a minor NSR or other permitting action such that the EPA and the interested public would have the opportunity to provide comments on PTE limits in that case, on whether the public notice and comment procedures provided in those circumstances would be sufficient (Comment C–34). • On the appropriateness of the proposed case-by-case compliance extension date approach, including, for example, the type of information that should be requested from the source seeking the proposed compliance extension and whether the limitations proposed above (i.e., the compliance extension is only available if the affected source must undergo a physical change or install additional control equipment to meet the area source NESHAP) are appropriate (Comment C– 36). VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 • On the appropriate process for requesting the compliance extension and on the mechanics of obtaining the compliance extension (Comment C–37). • On whether the proposed compliance date extension provision in 40 CFR 63.1(c)(6)(i) should be available to major sources that reclassify to area source status prior to the compliance date of an applicable area source standard, to the extent that the remaining time before the compliance date is not sufficient time for the source to comply (Comment C–38). • On whether our information and expectations that sources that reclassify to area source status would in most cases, if not all, achieve and maintain area source status by operating the emission controls or continuing to implement the practices (i.e., use of noHAP or low-HAP compliant coating) they used to meet the major source NESHAP requirements are correct (Comment 39) on the proposed compliance time frame for sources that reclassify from major source to area source and then revert back to major source status, and whether the proposed regulatory text in 40 CFR 63.1(c)(6)(ii)(B) adequately captures the intended exception if the major source standard has changed such that the source must undergo a physical change, install additional emission controls, and/or implement new emission control measures (Comment C–40). • On the appropriateness of the proposed immediate compliance rule for sources that reclassify between major and area source status more than once and whether such a rule should be finalized, and on whether, if it is finalized, there are other situations in addition to the one noted above that would necessitate an extension of the time period specified for compliance with the major source NESHAP requirements. (Comment C–41, Comment C–42). • Or whether the EPA should instead allow all sources that revert back to major source status a specific period of time in which to comply with the major source NESHAP requirements which would be consistent with the approach provided for in 40 CFR 63.6(c)(5) and to the extent a commenter proposes a compliance time frame, we request that the commenter explain the basis for providing that time frame with enough specificity for the EPA to evaluate the request (Comment C–43, Comment C– 44, Comment C–45). • On the mechanics of obtaining a compliance extension if a case-by-case approach is finalized, including, for example, the type of information to request from the source seeking the PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 proposed compliance extension, the process to be used to obtain the extension, and any limitations on providing extensions (Comment C–46). • On the approach of providing a specified compliance extension in the final rule for certain defined factual scenarios (Comment C–47) and on the nature of the scenario that would warrant such an extension, the specific amount of additional time that would be needed to comply with the major source NESHAP requirements and why such a period of time is needed to comply (Comment C–48). • On whether a source that cannot immediately comply with previously or newly applicable major source NESHAP requirements at the time it requests reclassification should be required to continue to comply with the HAP PTE limits until the source can comply with the corresponding major source NESHAP requirements (Comment C– 49). • On the proposed amendment to remove the time limit for record retention in 40 CFR 63.10(b)(3) so sources that obtain new enforceable PTE limits are required to keep the required record of the applicability determinations until the source becomes subject to major source requirements (Comment C–51). • On whether any other NESHAP subparts warrant amendment to reference the new General Provision 40 CFR 63.1(c)(6) or the CEDRI submission procedures in 40 CFR 63.9(k) (Comment C–52). • The EPA specifically requests information and specific examples of sources that would consider investing in additional emissions reduction measures, including changing processes or installing additional emission controls (intrinsic to the source or additional add-on controls), installing new lower emitting equipment, or implementing P2 initiatives to avail themselves of the potential to seek reclassification to area source status (Comment C–54). The Agency is interested both in comments in which the commenters themselves would consider investing in additional emissions reduction measures, and comments identifying specific types of facilities that would be able to invest in additional emissions reduction measures (Comment C–55). • On the analysis of the reclassification actions presented above and in more details in the Emission Impacts Analysis TSM available in the docket. (Comment C–56) and on whether there are other factual factors to consider for the emission evaluation of these reclassifications (Comment C–57). E:\FR\FM\26JYP3.SGM 26JYP3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules • On our emissions analysis (analysis of reclassification actions and illustrative analysis) and illustrative control cost analysis discussed above and in the docket for this proposed rule, and in general on the potential impacts on emissions resulting from the reclassification of major sources to area source status (Comment C–58). In particular, the EPA is interested in data and analysis on the number and type of major sources that may reclassify from major source to area source status and whether the HAP emissions from those sources will decrease or increase or stay the same (Comment C–59). Finally, as noted above, even though the EPA is expressly soliciting comment on numerous aspects of the proposed rule, the EPA emphasizes that the Agency is not limiting comment to these identified areas and encourages submission of any other comments relevant to this proposal. For any other comments relevant to this proposal, the submission can be identified by identifier (C–other). VIII. The Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. jbell on DSK3GLQ082PROD with PROPOSALS3 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is an economically significant regulatory action that was submitted to the Office of Management and Budget (OMB) for review. Any changes made in response to OMB recommendations have been documented in the docket. The EPA prepared an analysis of the potential costs and benefits associated with this action. This analysis, the RIA for the proposed MM2A rule, is available in the docket and is summarized in section I.C of this preamble. B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This action is expected to be an Executive Order 13771 deregulatory action. Details on the estimated potential cost savings of this proposed rule can be found in the RIA that is the EPA’s analysis of the potential costs and benefits associated with this action. C. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the PRA. Specifically, this rule requires the electronic reporting of the one-time VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 notification of the already required in 40 CFR 63.9(j) in the case where the facility is notifying of a change in major source status. OMB has previously approved the information collection activities contained in the existing regulations. These amendments would neither require additional reports nor require that additional content be added to already required reports. Therefore, this action would not impose any new information collection burden. Sources reclassifying to area source status may experience some burden reduction as they would no longer be subject to major source NESHAP requirements. Any changes in MRR would be done through the regulatory mechanism of the responsible regulatory authority. It is not possible to identify how many sources would choose to reclassify, nor is it possible to determine what, if any, changes to reporting and recordkeeping would be made. Regulatory authorities may, in fact, choose to establish NESHAP provisions themselves as the enforceable PTE limits and change little or nothing. Furthermore, approval of an information collection request (ICR) is not required in connection with these proposed amendments. This is because the General Provisions do not themselves require any reporting and recordkeeping activities, and no ICR was submitted in connection with their original promulgation or their subsequent amendment. Any recordkeeping and reporting requirements are imposed only through the incorporation of specific elements of the General Provisions in the individual MACT standards which are promulgated for particular source categories which have their own ICRs. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden, or otherwise has a positive economic effect on the small entities subject to the rule. Small entities that are subject to major source NESHAP requirements would not be required to take any action under this proposal; any action a source takes to reclassify as an area source would be voluntary. In addition, we expect that sources that reclassify will experience cost savings that will outweigh any PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 36335 additional cost of achieving area source status. The only cost that would be incurred by regulatory authorities would be the cost of reviewing a sources’ application for area source status and issuing enforceable HAP PTE limits. No small government jurisdictions operate their own air pollution control permitting agencies, so none would be required to incur costs under the proposal. In addition, any costs associated with the reclassification of major sources as area sources (i.e., application reviews and PTE issuance) are expected to be offset by reduced Agency oversight obligations for sources that no longer must meet major source NESHAP requirements. Based on the considerations above, we have, therefore, concluded that this action will relieve regulatory burden for all regulated small entities that reclassify to area source status. Nevertheless, we continue to be interested in the potential impacts of the proposed amendments on small entities and welcome comments on issues related to such impacts. We also note that a small entity analysis, prepared at the discretion of the EPA, reflecting the relief in regulatory burden was prepared for this proposal and is included in the RIA, which is available in the public docket for this rulemaking. The results of this small entity analysis show relatively small reductions in burden estimate annual costs (about 0.10 percent) as a percentage of sales using the median estimate as the average of impacts. E. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C 1531–1538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any state, local, or tribal governments, or the private sector. F. Executive Order 13132: Federalism This action 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. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action has tribal implications. However, it will neither impose substantial direct compliance costs on federally recognized tribal governments, E:\FR\FM\26JYP3.SGM 26JYP3 36336 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules nor preempt tribal law. There are two tribes that currently implement title V permit programs and one that implements an approved TIP for minor source permitting, which also has a major source. As a result, these tribes may have additional actions needed for sources in their jurisdiction. In addition, any tribal government that owns or operates a source subject to major source NESHAP requirements would not be required to take action under this proposal; the provisions in the proposed amendments would be strictly voluntary. In addition, achieving area source status would result in reduced burden on any source that no longer must meet major source NESHAP requirements. Under the proposed amendments, a tribal government with an air pollution control agency to which we have delegated CAA section 112 authority would be required to review permit applications and to modify permits as necessary. However, any burden associated with the review and modification of permits will be offset by reduced Agency oversight obligations for sources no longer required to meet major source requirements. The EPA specifically solicits comment on the proposed amendments from tribal officials and, consistent with EPA policy, intends to specifically offer to consult with the potentially impacted tribes and other tribes on their request. J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks Dated: June 25, 2019. Andrew R. Wheeler, Administrator. jbell on DSK3GLQ082PROD with PROPOSALS3 The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action does not establish an environmental standard intended to mitigate health or safety risks. This action implements the plain reading of the statutory definitions of major source and area source of section 112 of the CAA and, therefore, is not subject to Executive Order 13045. This action is not a ‘‘significant energy action’’ because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. We have concluded that this proposal is not likely to have any adverse energy effects. 20:18 Jul 25, 2019 Jkt 247001 L. Determination Under Section CAA 307(d) Pursuant to CAA section 307(d)(1)(V), the Administrator determines that this action is subject to the provisions of CAA section 307(d). Section 307(d)(1)(V) of the CAA provides that the provisions of CAA section 307(d) apply to ‘‘such other actions as the Administrator may determine.’’ List of Subjects in 40 CFR Part 63 Environmental protection, Area sources, General provisions, Major sources, Potential to emit, Hazardous air pollutants. For the reasons set forth in the preamble, the EPA proposes to amend 40 CFR part 63 as follows: PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart A—General Provisions ■ 2. Add § 63.1(c)(6) to read as follows: § 63.1 Applicability. * I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use VerDate Sep<11>2014 K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. The proposed amendments to the General Provisions are procedural changes and does not impact the technology performance nor level of control of the NESHAP governed by the General Provisions. * * * * (c) * * * (6) A major source may become an area source at any time by limiting its potential to emit (PTE) hazardous air pollutants, as defined in this subpart, to below the major source thresholds established in § 63.2, subject to the provisions in paragraphs (c)(6)(i) through (iii) of this section. Until the PTE limitations become effective, the source remains subject to major source PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 requirements. After the PTE limitations become effective, the source is subject to any applicable requirements for area sources. (i) A major source that becomes an area source must meet all applicable area source requirements promulgated under this part immediately upon becoming an area source, provided the first substantive compliance date for the area source standard has passed, except that the regulatory authority may grant additional time, up to 3 years, if the source must undergo physical changes or install additional control equipment in order for the source (or portion thereof) to comply with the applicable area source standard and the EPA (or a delegated authority), determines that such additional time is warranted based on the record. A source seeking additional compliance time must submit a request to the EPA (or a delegated authority), that identifies the area source standard; the steps that must be taken to come into compliance with the standard; the amount of additional time requested to come into compliance with the standard, and a detailed justification supporting the requested additional time. Owners and operators of major sources that become area sources subject to standards under this part must comply with the initial notification requirements of § 63.9(b), unless the source was previously subject to that area source standard and such notification was previously submitted. Owners and operators of major sources that become area sources must also provide to the Administrator any change in the information already provided under § 63.9(b) per § 63.9(j). (ii)(A) A major source subject to standards under this part that subsequently becomes an area source, and then later becomes a major source again by increasing its emissions to at or above the major source thresholds, must comply with the major source requirements of this part immediately upon becoming a major source again, notwithstanding § 63.6(c)(5), except as noted in paragraph (c)(6)(ii)(B) of this section. Such major sources must comply with the notification requirements of § 63.9(b). (B) If a source becomes subject to the standard for major sources again, but that standard has been revised since the source was last subject to the standard and, in order to comply, the source must undergo a physical change, install additional emission controls and/or implement new control measures, the owner or operator will have up to the same amount of time to comply as the amount of time allowed for existing sources subject to the revised standard. E:\FR\FM\26JYP3.SGM 26JYP3 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules (iii) Becoming an area source does not absolve a source subject to an enforcement action or investigation for major source violations or infractions from the consequences of any actions occurring when the source was major. Becoming a major source does not absolve a source subject to an enforcement action or investigation for area source violations or infractions from the consequences of any actions occurring when the source was an area source. * * * * * ■ 3. Amend § 63.2 by: ■ a. Adding the definition ‘‘Legally enforceable’’ in alphabetical order; ■ b. Revising the definition ‘‘Potential to emit’’; and ■ c. Adding the definition ‘‘Practicably enforceable’’ in alphabetical order. The additions and revision read as follows: § 63.2 Definitions. jbell on DSK3GLQ082PROD with PROPOSALS3 * * * * * Legally enforceable means that an emission limitation or other standard meet the following criteria: (1) Must identify the legal authority under which the limitation or standards are being issued. (2) Must provide the right for the issuing authority to enforce it. * * * * * Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is legally and practicably enforceable as defined in this subpart (i.e., effective). Practicably enforceable means that an emission limitation or other standards meet the following criteria: (1) Must be written so that it is possible to verify compliance and to document violations when enforcement action is necessary. (2) Must specify a technically accurate numerical limitation and identify the portions of the source subject to the limitation. The time frame for the limitation (e.g., hourly, daily, monthly and annual limits such as annual limits rolled on a monthly basis) must take into account the type of restriction employed (an indirect indicator of emissions such as a CMS limit should have a shorter time frame than a direct VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 measurement to account for the layers of complexity between direct measurement of HAP and the limitation). (3) Must specify the method of determining compliance, including appropriate monitoring, recordkeeping, and reporting. The monitoring, recordkeeping, and reporting requirements must be sufficient to demonstrate compliance with the emissions limitations of each pollutant. * * * * * ■ 4. Revise § 63.6(c)(1) to read as follows: § 63.6 Compliance with standards and maintenance requirements. * * * * * (c) Compliance dates for existing sources. (1) After the effective date of a relevant standard established under this part pursuant to section 112(d) or 112(h) of the Act, the owner or operator of an existing source shall comply with such standard by the compliance date established by the Administrator in the applicable subpart(s) of this part. Except as otherwise provided for in section 112 of the Act, in no case will the compliance date established for an existing source in an applicable subpart of this part exceed 3 years after the effective date of such standard. Except as provided in § 63.1(c)(6)(ii) such sources must comply by the date specified in the standards for existing area sources that become major sources. * * * * * ■ 5. In § 63.9, revise paragraphs (b)(1)(ii) and (j) and add paragraph (k) to read as follows: § 63.9 Notification requirements. * * * * * (b) * * * (1) * * * (ii) If an area source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source shall be subject to the notification requirements of this section. Area sources previously subject to major source requirements that again become major sources are also subject to the notification requirements of this paragraph and must submit the notification according to the requirements of paragraph (k) of this section. * * * * * (j) Change in information already provided. Any change in the information already provided under this section shall be provided to the Administrator within 15 calendar days after the change. The owner or operator PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 36337 of a major source that reclassifies to area source status is also subject to the notification requirements of this paragraph. The owner or operator may use the application for reclassification with the regulatory authority (e.g., permit application) to fulfill the requirements of this paragraph. The owner or operator of a major source that reclassifies to area source status must submit the notification according to the requirements of paragraph (k) of this section. (k) Electronic Submission of Notifications or Reports. If you are required to submit notifications or reports following the procedure specified in this paragraph (k), you must submit notifications or reports to the EPA via CEDRI, which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). The notification or report must be submitted by the deadline specified. If you claim some of the information required to be submitted via CEDRI is confidential business information (CBI), submit a complete notification or report, including information claimed to be CBI, to the EPA. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph (k). (1) If you are required to electronically submit a notification or report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (k)(1)(i) through (vii) of this section. (i) You must have been or will be precluded from accessing CEDRI and submitting a required notification or report within the time prescribed due to an outage of either the EPA’s CEDRI or CDX systems. (ii) The outage must have occurred within the period of time beginning five business days prior to the date that the notification or report is due. (iii) The outage may be planned or unplanned. (iv) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should E:\FR\FM\26JYP3.SGM 26JYP3 jbell on DSK3GLQ082PROD with PROPOSALS3 36338 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules have known, that the event may cause or has caused a delay in reporting. (v) You must provide to the Administrator a written description identifying: (A) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (B) A rationale for attributing the delay in submitting beyond the regulatory deadline to EPA system outage; (C) Measures taken or to be taken to minimize the delay in submitting; and (D) The date by which you propose to submit, or if you have already met the reporting requirement at the time of the notification, the date you submitted the notification or report. (vi) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (vii) In any circumstance, the notification or report must be submitted electronically as soon as possible after the outage is resolved. (2) If you are required to electronically submit a notification or report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the submittal requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (k)(2)(i) through (v) of this section. (i) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a notification or report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). (ii) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in submitting through CEDRI. (iii) You must provide to the Administrator: (A) A written description of the force majeure event; (B) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (C) Measures taken or to be taken to minimize the delay in reporting; and (D) The date by which you propose to submit the notification or report, or if you have already met the submittal requirement at the time of the notification, the date you submitted the notification or report. (iv) The decision to accept the claim of force majeure and allow an extension to the submittal deadline is solely within the discretion of the Administrator. (v) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. ■ 6. In § 63.10, revise paragraph (b)(3) and add paragraph (g) to read as follows: § 63.10 Recordkeeping and reporting requirements. * * * * * (b) * * * (3) If an owner or operator determines that his or her existing or new stationary source is in the source category regulated by a standard established pursuant to CAA section 112, but that source is not subject to the relevant standard (or other requirement established under this part) because of legally and practicably enforceable limitations on the source’s potential to emit, or the source otherwise qualifies for an exclusion, the owner or operator must keep a record of the applicability determination on site at the source until the source changes its operations to become an affected source. The record of the applicability determination must be signed by the person making the determination and include an emissions analysis (or other information) that demonstrates the owner or operator’s conclusion that the source is unaffected (e.g., because the source is an area source). The analysis (or other information) must be sufficiently detailed to allow the Administrator to make an applicability finding for the source with regard to the relevant standard or other requirement. If applicable, the analysis must be performed in accordance with requirements established in relevant subparts of this part for this purpose for particular categories of stationary sources. If relevant, the analysis should be performed in accordance with EPA guidance materials published to assist sources in making applicability determinations under CAA section 112 if any guidance is available, or industry standards or engineering calculations. The requirements to determine applicability of a standard under § 63.1(b)(3) and to record the results of that determination under this paragraph (b)(3) of this section shall not by themselves create an obligation for the owner or operator to obtain a title V permit. * * * * * (g) Electronic Recordkeeping. Any records required to be maintained by this part that are submitted electronically via the EPA’s CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. ■ 7. Revise § 63.12(c) to read as follows: § 63.12 State authority and delegations. * * * * * (c) All information required to be submitted to the EPA under this part also shall be submitted to the appropriate state agency of any state to which authority has been delegated under section 112(l) of the CAA, provided that each specific delegation may exempt sources from a certain federal or state reporting requirement with the exception of federal electronic reporting requirements under this part. The Administrator may permit all or some of the information to be submitted to the appropriate state agency only, instead of to the EPA and the state agency. Subpart F—National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry 8. Table 3 to subpart F of part 63 is amended by adding an entry for § 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding an entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: ■ TABLE 3 TO SUBPART F OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPARTS F, G, AND Ha TO SUBPART F Reference VerDate Sep<11>2014 20:50 Jul 25, 2019 Applies to subparts F, G, and H Jkt 247001 PO 00000 Frm 00036 Fmt 4701 Comment Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36339 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 3 TO SUBPART F OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPARTS F, G, AND Ha TO SUBPART F—Continued Reference Applies to subparts F, G, and H * * 63.1(c)(6) ........................................ Yes. * * 63.9(j) ............................................. 63.9(k) ............................................ Yes. Yes. * * 63.10(g) .......................................... Yes. * * Comment * * * * * * * * * * * * * * * * * * Only as related to change to major source status. * * a Wherever subpart A specifies ‘‘postmark’’ dates, submittals may be sent by methods other than the U.S. Mail (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is not necessarily required. * * * * * Subpart J—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production 9. Amend § 63.215 by revising paragraph (b) introductory text and adding paragraph (b)(4) to read as follows: * What General Provisions apply to * * * Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities 10. Revise § 63.311(a) to read as follows: ■ ■ * (b) The provisions in subpart A of this part also apply to this subpart as specified in paragraphs (b)(1) through (4) of this section. * * * * * (4) The specific notification procedure of § 63.9(j) and (k) relating to a change in major source status and § 63.10(g). 11. Add § 63.324(g) to read as follows: § 63.324 Reporting and recordkeeping requirements. § 63.311 Reporting and recordkeeping requirements. ■ § 63.215 me? Subpart L—National Emission Standards for Coke Oven Batteries (a) General requirements. After the effective date of an approved permit in a state under part 70 of this chapter, the owner or operator shall submit all notifications and reports required by this subpart to the state permitting authority except a source which reclassifies to an area source must follow the notification procedures of § 63.9(j) and (k). Use of information provided by the certified observer shall be a sufficient basis for notifications required under § 70.5(c)(9) of this chapter and the reasonable inquiry requirement of § 70.5(d) of this chapter. * * * * * * * * * * (g) Each owner or operator of a dry cleaning facility that reclassifies from a major source to an area source must follow the procedures of § 63.9(j) and (k) to provide notification of the change in status. Subpart N–National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks 12. Table 1 to subpart N of part 63 is amended by adding entries for §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: ■ TABLE 1 TO SUBPART N OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART N General provisions reference * * 63.1(c)(6) ........................................ Yes. * * 63.9(k) ............................................ Yes. * * 63.10(g) .......................................... Yes. * jbell on DSK3GLQ082PROD with PROPOSALS3 Applies to subpart N * Comment * * * * * * * * * * * * * * * * * * * * Subpart O—Ethylene Oxide Emissions Standards for Sterilization Facilities §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 13. In § 63.360, amend Table 1 of Section 63.360 by adding entries for § 63.360 ■ VerDate Sep<11>2014 20:50 Jul 25, 2019 Jkt 247001 * PO 00000 Applicability. * Frm 00037 * * Fmt 4701 * Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36340 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 1 OF SECTION 63.360—GENERAL PROVISIONS APPLICABILITY TO SUBPART O Applies to sources using 10 tons in subpart O a Reference Applies to sources using 1 to 10 tons in subpart O a Comment * * 63.1(c)(6) ....................................... * * Yes. * * * * * 63.9(k) ........................................... * * Yes. * * * * * 63.10(g) ......................................... * * Yes. * * * * * * * * * a See * * definition. * * * * Subpart Q–National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers §§ 63.9 and 63.10 in numerical order to read as follows: 14. Table 1 to subpart Q of part 63 is amended by revising the entries for ■ TABLE 1 TO SUBPART Q OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART Q Reference Applies to subpart Q * * 63.9(a), (b)(1), (b)(3), (c), (h)(1), (h)(3), (h)(6), (j), and (k). * * * * * * * * * Yes. * * 63.10(a), (b)(1), (b)(2)(xii), Yes. (b)(2)(xiv), (b)(3), (d), (f), and (g). * Comment * Subpart R–National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) * * * Section 63.406 requires an onsite record retention of 5 years. * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 15. Table 1 to subpart R of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART R OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART R jbell on DSK3GLQ082PROD with PROPOSALS3 Reference Applies to subpart R * * 63.1(c)(6) ........................................ Yes. * * 63.9(k) ............................................ Yes. * * 63.10(g) .......................................... Yes. * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Comment * * * * * * * * * * * * * * * * * * * * Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36341 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart S–National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 16. Table 1 to subpart S of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART S OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART S a Reference Applies to subpart S * * 63.1(c)(6) ........................................ Yes. * * 63.9(k) ............................................ Yes. * * 63.10(g) .......................................... Yes. * * Comment * * * * * * * * * * * * * * * * * * * * a Wherever subpart A specifies ‘‘postmark’’ dates, submittals may be sent by methods other than the U.S. Mail (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is not required. Subpart T—National Emission Standards for Halogenated Solvent Cleaning §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 17. Appendix B to subpart T of part 63 is amended by adding entries for ■ APPENDIX B TO SUBPART T OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART T Applies to subpart T Reference Comments BCC BVI * * 63.1(c)(6) ....................................... * * Yes ................................................ Yes. * * * * * 63.9(k) ........................................... * * Yes ................................................ Yes. * * * * * 63.10(g) ......................................... * * Yes ................................................ Yes. * * * * * * * * * * * * * * * Subpart U—National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins § 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 18. Table 1 to subpart U of part 63 is amended by adding an entry for ■ TABLE 1 TO SUBPART U OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCES jbell on DSK3GLQ082PROD with PROPOSALS3 Reference Applies to subpart U * * § 63.1(c)(6) ..................................... * * Yes. * * § 63.9(j) .......................................... § 63.9(k) ......................................... * * * * Yes ................................................. For change in major source status only. Yes. * * * § 63.10(g) ....................................... Yes. VerDate Sep<11>2014 20:18 Jul 25, 2019 * Explanation * * Jkt 247001 PO 00000 * * Frm 00039 Fmt 4701 * Sfmt 4702 E:\FR\FM\26JYP3.SGM * 26JYP3 * 36342 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 1 TO SUBPART U OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCES— Continued Reference Applies to subpart U * * * * * * Explanation * * * * Subpart W–National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and NonNylon Polyamides Production * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 19. Table 1 to subpart W of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART W OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART W Applies to subpart W WSR alternative standard, and BLR equipment leak standard (40 CFR part 63, subpart H) Reference Comment BLR WSR * § 63.1(c)(6) ......................... * * Yes .................................... * Yes .................................... * Yes. * * * § 63.9(k) ............................. * * Yes .................................... * Yes .................................... * Yes. * * * § 63.10(g) ........................... * * Yes .................................... * Yes .................................... * Yes. * * * * * * * * Subpart X—National Emission Standards For Hazardous Air Pollutants From Secondary Lead Smelting * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 20. Table 1 to subpart X of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART X OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART X Reference Applies to subpart X * * 63.9(k) ............................................ Yes. * * 63.10(g) .......................................... Yes. * jbell on DSK3GLQ082PROD with PROPOSALS3 * * * * * * Comment * * * * * * * * * * * * * * * Subpart Y—National Emission Standards for Marine Tank Vessel Loading Operations 21. Table 1 of § 63.560 is amended by adding entries for §§ 63.1(c)(6), 63.9(k), ■ VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 and 63.10(g) in numerical order to read as follows: § 63.560 Applicability and designation of affected sources. * E:\FR\FM\26JYP3.SGM * 26JYP3 * * * 36343 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 1 TO § 63.560—GENERAL PROVISIONS APPLICABILITY TO SUBPART Y Applies to affected sources in subpart Y Reference * * 63.1(c)(6) ........................................ Yes. * * 63.9(k) ............................................ Yes. * * 63.10(g) .......................................... Yes. * * Subpart AA—National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants Comment * * * * * * * * * * * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 22. Appendix A to subpart AA of part 63 is amended by adding entries for ■ APPENDIX A TO SUBPART AA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART AA 40 CFR citation Requirement Applies to subpart AA Comment * * § 63.1(c)(6) .................................... * * * ....................................................... Yes ................................................ * None. * * * § 63.9(k) ........................................ * * * ....................................................... Yes ................................................ * None. * * * § 63.10(g) ...................................... * * * ....................................................... Yes ................................................ * None. * * * * Subpart BB—National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers Production Plants * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 23. Appendix A to subpart BB of part 63 is amended by adding entries for ■ APPENDIX A TO SUBPART BB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART BB jbell on DSK3GLQ082PROD with PROPOSALS3 40 CFR citation Requirement Applies to subpart BB Comment * * § 63.1(c)(6) .................................... * * * ....................................................... Yes ................................................ * None. * * * § 63.9(k) ........................................ * * * ....................................................... Yes ................................................ * None. * * * § 63.10(g) ...................................... * * * ....................................................... Yes ................................................ * None. * * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 * Jkt 247001 PO 00000 * Frm 00041 Fmt 4701 * Sfmt 4702 E:\FR\FM\26JYP3.SGM * 26JYP3 * 36344 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart CC—National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries 24. In appendix to subpart CC of part 63, Table 6 is amended by adding an ■ entry for § 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: Appendix to Subpart CC of Part 63— Tables * * * * * TABLE 6–GENERAL PROVISIONS APPLICABILITY TO SUBPART CC a Reference Applies to subpart CC * * 63.1(c)(6) ........................................ Yes. * * 63.9(j) ............................................. 63.9(k) ............................................ Yes. Yes. * * 63.10(g) .......................................... Yes. * * Comment * * * * * * * * * * * * * * * * * * * * a Wherever subpart A specifies ‘‘postmark’’ dates, submittals may be sent by methods other than the U.S. Mail (e.g., by fax or courier). Submittals shall be sent by the specified dates, but a postmark is not required. * * * * * Subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations § 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 25. Table 2 to subpart DD of part 63 is amended by adding an entry for ■ TABLE 2 TO SUBPART DD OF PART 63—APPLICABILITY OF PARAGRAPHS IN SUBPART A OF THIS PART 63—GENERAL PROVISIONS TO SUBPART DD Subpart A reference Applies to subpart DD * * 63.1(c)(6) ........................................ * * Yes. * * 63.9(j) ............................................. 63.9(k) ............................................ * * * * Yes ................................................. For change in major source status only. Yes. * * * 63.10(g) .......................................... Yes. * * * * Explanation * * * * * * * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: Subpart EE—National Emission Standards for Magnetic Tape Manufacturing Operations 26. Table 1 to subpart EE of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART EE OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EE jbell on DSK3GLQ082PROD with PROPOSALS3 Reference Applies to subpart EE * * 63.1(c)(6) ........................................ Yes. * * 63.9(k) ............................................ Yes. VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Comment * * * * * * * * * * Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36345 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 1 TO SUBPART EE OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EE—Continued Reference Applies to subpart EE * * 63.10(g) .......................................... * Comment * * * * * * * * * * Yes. * Subpart GG—National Emission Standards for Aerospace Manufacturing and Rework Facilities §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 27. Table 1 to subpart GG of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART GG OF PART 63–GENERAL PROVISIONS APPLICABILITY TO SUBPART GG Applies to affected sources in subpart GG Reference * * 63.1(c)(6) ........................................ Yes. * * 63.9(k) ............................................ Yes. * * 63.10(g) .......................................... Yes. * * Subpart HH—National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities Comment * * * * * * * * * * * * * * * * * * * * entries for §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: Appendix to Subpart HH of Part 63— Tables * * * * * 28. In appendix to subpart HH of part 63, Table 2 is amended by adding ■ TABLE 2 TO SUBPART HH OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HH General provisions reference Applicable to subpart HH * * § 63.1(c)(6) ..................................... Yes. * * § 63.9(k) ......................................... Yes. * * § 63.10(g) ....................................... Yes. * * jbell on DSK3GLQ082PROD with PROPOSALS3 Subpart JJ—National Emission Standards for Wood Furniture Manufacturing Operations Explanation * * * * * * * * * * * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 29. Table 1 to subpart JJ of part 63 is amended by adding entries for ■ VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36346 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 1 TO SUBPART JJ OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART JJ Reference Applies to subpart JJ * * 63.1(c)(6) ........................................ Yes. * * 63.9(k) ............................................ Yes. * * 63.10(g) .......................................... Yes. * * Comment * * * * * * * * * * * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: Subpart KK—National Emission Standards for the Printing and Publishing Industry 30. Table 1 to subpart KK of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART KK OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART KK General provisions reference Applicable to subpart KK * * § 63.1(c)(6) ..................................... Yes. * * § 63.9(k) ......................................... Yes. * * § 63.10(g) ....................................... Yes. * * Subpart LL—National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants Comment * * * * * * * * * * * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: Appendix A to Subpart LL of Part 63— Applicability of General Provisions 31. Appendix A to subpart LL of part 63 is amended by adding entries for ■ Reference sections(s) Applies to subpart LL Comment * * 63.1(c)(6) ....................................... * * Becoming an area source ............. Yes. * * 63.9(k) ........................................... * * * Electronic reporting procedures .... Yes ................................................ * * 63.10(g) ......................................... * * Recordkeeping for electronic re- Yes. porting. * jbell on DSK3GLQ082PROD with PROPOSALS3 Requirement VerDate Sep<11>2014 * 20:18 Jul 25, 2019 * Jkt 247001 PO 00000 * Frm 00044 Fmt 4701 Sfmt 4702 * * * * * Only as specified in 63.9(j). * * * * * * E:\FR\FM\26JYP3.SGM 26JYP3 36347 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart MM—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 32. Table 1 to subpart MM of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART MM OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART MM General provisions reference Summary of requirements Applies to subpart MM Explanation * * 63.1(c)(6) ....................................... * * Becoming an area source ............. Yes. * * 63.9(k) ........................................... * * * Electronic reporting procedures .... Yes ................................................ * * 63.10(g) ......................................... * * Recordkeeping for electronic re- Yes. porting. * * * Subpart CCC—National Emission Standards for Hazardous Air Pollutants for Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants * * * * * * Only as specified in 63.9(j). * * * * * * §§ 63.9(j), 63.9(k), and 63.10(g) in numerical order to read as follows: 33. Table 1 to subpart CCC of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART CCC OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART CCC Reference Applies to subpart CCC * * 63.9(j) ............................................. 63.9(k) ............................................ Yes. Yes. * * 63.10(g) .......................................... Yes. * * Subpart DDD—National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production Explanation * * * * * * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 34. Table 1 to subpart DDD of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART DDD OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART DDD OF PART 63 jbell on DSK3GLQ082PROD with PROPOSALS3 General provisions citation Requirement Applies to subpart DDD? Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * ....................................................... Yes. * * * VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36348 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 1 TO SUBPART DDD OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART DDD OF PART 63—Continued General provisions citation Requirement * * § 63.10(g) ...................................... * Applies to subpart DDD? * * Additional CMS Reports Excess Yes. Emission/CMS Performance Reports COMS Data Reports Recordkeeping/Reporting Waiver Recordkeeping for electronic reporting. * * * Explanation * * * * * * Subpart EEE—National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors 35. Table 1 to subpart EEE of part 63 is amended by adding an entry for § 63.9(k) to read as follows: ■ TABLE 1 TO SUBPART EEE OF PART 63—GENERAL PROVISIONS APPLICABLE TO SUBPART EEE Reference Applies to subpart EEE * * 63.9(k) ............................................ * Explanation * * * * * * * * * * Yes. * Subpart GGG—National Emission Standards for Pharmaceuticals Production 36. Table 1 to subpart GGG of part 63 is amended by adding an entry for ■ § 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: TABLE 1 TO SUBPART GGG OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART GGG General provisions reference Applies to subpart GGG * * 63.1(c)(6) ....................................... * * Becoming an area source ............. Yes. * * * 63.9(j) ............................................ * * Change in information provided .... Yes. * 63.9(k) ........................................... Electronic reporting procedures .... * * 63.10(g) ......................................... * * Recordkeeping for electronic re- Yes. porting. * jbell on DSK3GLQ082PROD with PROPOSALS3 Summary of requirements * * Subpart HHH—National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities Yes. * Comments * * * For change in major source status only Only as specified in 63.9(j) * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 37. Table 2 to subpart HHH of part 63 is amended by adding entries for ■ VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 * E:\FR\FM\26JYP3.SGM 26JYP3 36349 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules APPENDIX: TABLE 2 TO SUBPART HHH OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HHH General provisions Reference Applicable to subpart HHH * * § 63.1(c)(6) ..................................... Yes. * * § 63.9(k) ......................................... Yes. * * § 63.10(g) ....................................... Yes. * * Subpart III—National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production Explanation * * * * * * * * * * * * * * * * * * * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 38. Table 1 to subpart III of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART III OF PART 63—APPLICABILITY GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART III Subpart A reference Applies to subpart III * * § 63.9(k) ......................................... Yes. * * § 63.10(g) ....................................... Yes. * * Subpart JJJ—National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins 39. Table 1 to subpart JJJ of part 63 is amended by adding an entry for ■ Comment * * * * * * * * * * * * * * * §§ 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: TABLE 1 TO SUBPART JJJ OF PART 63–APPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJ AFFECTED SOURCES jbell on DSK3GLQ082PROD with PROPOSALS3 Reference Applies to subpart JJJ * * § 63.1(c)(6) ..................................... * * Yes. * * § 63.9(j) .......................................... § 63.9(k) ......................................... * * * * Yes ................................................. For change in major source status only Yes. * * * § 63.10(g) ....................................... Yes. * VerDate Sep<11>2014 * Explanation * 20:18 Jul 25, 2019 Jkt 247001 PO 00000 * * * * * * * * * * * * Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36350 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart LLL—National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 40. Table 1 to subpart LLL of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART LLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS Citation Requirement Applies to subpart LLL Explanation * * 63.1(c)(6) ....................................... * * Becoming an area source ............. Yes. * * * * * 63.9(k) ........................................... * * Electronic reporting procedures .... Yes. * * * * * 63.10(g) ......................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart MMM—National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production 41. Table 1 to subpart MMM of part 63 is amended by adding an entry for ■ * §§ 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: TABLE 1 TO SUBPART MMM OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART MMM Reference to subpart A Applies to subpart MMM * * § 63.1(c)(6) ..................................... * * § 63.9(j) .......................................... * Explanation * * * * Yes. § 63.9(k) ......................................... * * * * * Yes ................................................. For change in major source status only, 63.1368(h) specifies procedures for other notification of changes. Yes. * * 63.10(g) .......................................... Yes. * * Subpart NNN—National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing * * * * * * * * * * §§ 63.1(c)(6), 63.9–(k), and 63.10(g) in numerical order to read as follows: 42. Table 1 to subpart NNN of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART NNN OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART NNN jbell on DSK3GLQ082PROD with PROPOSALS3 General provisions citation Requirement Applies to subpart NNN? Explanation * * § 63.1(c)(6) .................................... * * ....................................................... Yes. * * * * * § 63.9(k) ........................................ * * ....................................................... Yes. * * * VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36351 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 1 TO SUBPART NNN OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART NNN—Continued General provisions citation Requirement * * § 63.10(g) ...................................... * Applies to subpart NNN? * * Additional CMS Reports Excess Yes. Emission/CMS Performance Reports COMS Data Reports Recordkeeping/Reporting Waiver Recordkeeping for electronic reporting. * * Subpart OOO—National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/ Phenolic Resins * Explanation * * * * * * § 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 43. Table 1 to subpart OOO of part 63 is amended by adding an entry for ■ TABLE 1 TO SUBPART OOO OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART OOO AFFECTED SOURCES Reference Applies to subpart OOO * * 63.1(c)(6) ........................................ * * Yes. * * 63.9(j) ............................................. 63.9(k) ............................................ * * * * Yes. ................................................ For change in major source status only. Yes. * * * 63.10(g) .......................................... Yes. * * Explanation * Subpart PPP—National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production 44. Table 1 to subpart PPP of part 63 is amended by adding an entry for ■ * * * * * * * * * * * * §§ 63.1(c)(6) in numerical order, revising the entry for § 63.9(j), and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: TABLE 1 TO SUBPART PPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPP AFFECTED SOURCES jbell on DSK3GLQ082PROD with PROPOSALS3 Reference Applies to subpart PPP * * 63.1(c)(6) ........................................ * * Yes. * * 63.9(j) ............................................. 63.9(k) ............................................ * * * * Yes. ................................................ For change in major source status only. Yes. * * * 63.10(g) .......................................... Yes. * VerDate Sep<11>2014 * Explanation * 20:18 Jul 25, 2019 Jkt 247001 PO 00000 * * * * * * * * * * * * Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36352 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart QQQ—National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting 45. Revise § 63.1441 to read as follows: ■ § 63.1441 Am I subject to this subpart? You are subject to this subpart if you own or operate a primary copper smelter that is (or is part of) a major source of hazardous air pollutant (HAP) emissions, and your primary copper smelter uses batch copper converters as defined in § 63.1459. Your primary copper smelter is a major source of HAP if it emits or has the potential to emit any single HAP at the rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year. ■ 46. Table 1 to subpart QQQ of part 63 is amended by adding an entry for § 63.10(g) in numerical order to read as follows: * * * * * TABLE 1 TO SUBPART QQQ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART QQQ Citation Subject * * § 63.10 (g) ..................................... * Applies to subpart QQQ * * Recordkeeping for electronic re- Yes. porting. * * Subpart RRR—National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production 47. Appendix A to subpart RRR of part 63 is amended by adding entries for ■ Citation * Explanation * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: Appendix A to Subpart RRR of Part 63—General Provisions Applicability to Subpart RRR Requirement Applies to subpart RRR Comment * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart TTT—National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting * §§ 63.9(j), 63.9(k), and 63.10(g) in numerical order to read as follows: 48. Table 1 to subpart TTT of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART TTT OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART TTT jbell on DSK3GLQ082PROD with PROPOSALS3 Reference Applies to subpart TTT * * 63.9(j) ............................................. 63.9(k) ............................................ Yes. Yes. * * 63.10(g) .......................................... Yes. * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Comment * * * * * * * * * * * * * * * Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36353 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart UUU—National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: * * * * * 49. Table 44 to subpart UUU of part 63 is amended by adding entries for ■ TABLE 44 TO SUBPART UUU OF PART 63—APPLICABILITY OF NESHAP GENERAL PROVISIONS TO SUBPART UUU Citation Subject Applies to subpart UUU Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart VVV—National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 50. Table 1 to subpart VVV of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART VVV OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART VVV General provisions reference Applicable to subpart VVV * * § 63.1(c)(6) ..................................... Yes. * * § 63.9(k) ......................................... Yes. * * § 63.10(g) ....................................... Yes. * * Subpart XXX—National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese Explanation * * * * * * * * * * * * * * * * * * * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 51. Table 1 to subpart XXX of part 63 is amended by adding entries for ■ TABLE 1 TO SUBPART XXX OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART XXX jbell on DSK3GLQ082PROD with PROPOSALS3 Reference Applies to subpart XXX * * § 63.9(k) ......................................... Yes. * * § 63.10(g) ....................................... Yes. * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Comment * * * * * * * * * * * * * * * Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36354 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules §§ 63.9(k) and 63.10(g) in numerical order to read as follows: Subpart DDDD—National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products 52. Table 10 to subpart DDDD of part 63 is amended by adding entries for ■ TABLE 10 TO SUBPART DDDD OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART DDDD Citation Subject Brief description Applies to subpart DDDD * * § 63.9(k) ........................................ * * * Electronic reporting procedures .... Electronic reporting procedures .... * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping for electronic re- Recordkeeping for electronic reporting. porting. * Yes. * * * * * * * * § 63.9(j) and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: Subpart EEEE—National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline) 53. Table 12 to subpart EEEE of part 63 is amended by revising the entry for ■ TABLE 12 TO SUBPART EEEE OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEE * * * Citation * * Subject * Brief description * Applies to subpart EEEE * * § 63.9(j) ......................................... * * * Change in Previous Information ... Must submit within 15 days after the change. § 63.9(k) ........................................ Electronic reporting procedures .... * * § 63.10(g) ...................................... * * Recordkeeping for electronic reporting. Procedure to report electronically for notification in 63.9(j). * ................................................... * * Yes for change to major source status, other changes are reported in the first and subsequent compliance reports. Yes. * Yes. * . § 63.9(j) and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: Subpart FFFF—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing 54. Table 12 to subpart FFFF of part 63 is amended by revising the entry for ■ TABLE 12 TO SUBPART FFFF OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART FFFF * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation § 63.9(k) ......................................... 20:18 Jul 25, 2019 * Subject * * § 63.9(j) .......................................... VerDate Sep<11>2014 * * * Explanation * * * * * Change in previous information ..... Yes for change in major source status, otherwise § 63.2520(e) specifies reporting requirements for process changes. Electronic reporting procedures ..... Yes, as specified in 63.9(j). Jkt 247001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36355 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 12 TO SUBPART FFFF OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART FFFF—Continued * * * Citation * * Subject * * § 63.10(g) ....................................... * * Explanation * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * * and 63.10(g) in numerical order to read as follows: Subpart GGGG—National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production § 63.2870 What Parts of the General Provisions apply to me? 55. Table 1 to § 63.2870 is amended by adding entries for §§ 63.9(j), 63.9(k), ■ * * * * * TABLE 1 TO § 63.2870—APPLICABILITY OF 40 CFR PART 63, SUBPART A, TO 40 CFR PART 63, SUBPART GGGG General provisions citation Subject of citation Brief description of requirement * § 63.9(j) .............................. * * Notification requirements .. * Yes. § 63.9(k) ............................. Notification requirements .. * Change in previous information. Electronic reporting procedures. * § 63.10(g) ........................... * * Recordkeeping .................. * Recordkeeping for electronic reporting. * * * Subpart HHHH—National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production Applies to subpart Explanation * * * Yes. * * * * * Yes. * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 56. Table 2 to subpart HHHH of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART HHHH OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART HHHH * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation * * Requirement * Applies to subpart HHHH * Explanation * * § 63.1(c)(6) .................................... * * ....................................................... Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 * Jkt 247001 PO 00000 * Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36356 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart IIII—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 57. Table 2 to subpart IIII of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART IIII OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIII OF PART 63 * * * Citation * * Subject * Applicable to subpart IIII * Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: Subpart JJJJ—National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating 58. Table 2 to subpart JJJJ of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART JJJJ OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART JJJJ * * * General provisions reference * Applicable to subpart JJJJ * * § 63.1(c)(6) ..................................... Yes. * * § 63.9(k) ......................................... Yes. * * § 63.10(g) ....................................... Yes. * * * Subpart KKKK—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans * * Explanation * * * * * * * * * * * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 59. Table 5 to subpart KKKK of part 63 is amended by adding entries for ■ TABLE 5 TO SUBPART KKKK OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART KKKK jbell on DSK3GLQ082PROD with PROPOSALS3 * * * Citation * Subject * * Applicable to subpart KKKK * Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36357 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 5 TO SUBPART KKKK OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART KKKK—Continued * * * Citation Subject * * § 63.10(g) ...................................... * * * Applicable to subpart KKKK * * Recordkeeping for electronic re- Yes. porting. * * Subpart MMMM—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products * * * Explanation * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 60. Table 2 to subpart MMMM of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART MMMM OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMM OF PART 63 * * * Citation * Subject * * Applicable to subpart MMMM * Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart NNNN—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 61. Table 2 to subpart NNNN of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART NNNN OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART NNNN * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation * Subject * * Applicable to subpart NNNN * Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 * Jkt 247001 PO 00000 * Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36358 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart OOOO—National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 62. Table 3 to subpart OOOO of part 63 is amended by adding entries for ■ TABLE 3 TO SUBPART OOOO OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART OOOO * * * Citation * Subject * * Applicable to subpart OOOO * Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart PPPP—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: * * * * * 63. Table 2 to subpart PPPP of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART PPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPP OF PART 63 * * * Citation * Subject * * Applicable to subpart PPPP * Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart QQQQ—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 64. Table 4 to subpart QQQQ of part 63 is amended by adding entries for ■ jbell on DSK3GLQ082PROD with PROPOSALS3 TABLE 4 TO SUBPART QQQQ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART QQQQ OF PART 63 * * * Citation Subject * * § 63.1(c)(6) .................................... VerDate Sep<11>2014 20:18 Jul 25, 2019 * * Applicable to subpart QQQQ * * Becoming an area source ............. Yes. Jkt 247001 PO 00000 Frm 00056 * Fmt 4701 Sfmt 4702 * E:\FR\FM\26JYP3.SGM Explanation * 26JYP3 * * 36359 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 4 TO SUBPART QQQQ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART QQQQ OF PART 63— Continued * * * Citation * Subject * * Applicable to subpart QQQQ * Explanation * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: Subpart RRRR—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture 65. Table 2 to subpart RRRR of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART RRRR OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART RRRR * * * Citation * * Subject * Applicable to subpart * Explanation * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: Subpart SSSS—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil 66. Table 2 to subpart SSSS of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART SSSS OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART SSSS * * * jbell on DSK3GLQ082PROD with PROPOSALS3 General provisions reference Yes. * * § 63.9(k) ......................................... Yes. * * § 63.10(g) ....................................... Yes. VerDate Sep<11>2014 * 20:18 Jul 25, 2019 * Applicable to subpart SSSS * * § 63.1(c)(6) ..................................... * * Jkt 247001 PO 00000 * * Explanation * * * * * * * * * * * * * * * * * * * * Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36360 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart TTTT—National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations §§ 63.9(j), 63.9(k), and 63.10(g) in numerical order to read as follows: 67. Table 2 to subpart TTTT of part 63 is amended by adding entries for ■ TABLE 2 TO SUBPART TTTT OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART TTTT * * * * * General provisions citation Subject of citation Brief description of requirement * § 63.9(j) .............................. * * Notification requirements .. * Yes. § 63.9(k) ............................. Notification requirements .. * Change in previous information. Electronic reporting procedures. * § 63.10(g) ........................... * * Recordkeeping .................. * Recordkeeping for electronic reporting. * * * * * Applies to subpart Explanation * * * Yes. * * * * * Yes. * Subpart UUUU—National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing 68. Table 8 to subpart UUUU of part 63 is amended by revising entry 7 to read as follows: ■ TABLE 8 TO SUBPART UUUU OF PART 63—REPORTING REQUIREMENTS * * * * * You must submit a compliance report, which must contain the following information . . . * and you must submit the report . . . * * * * * 7. the report must contain any changes in information already provided, as specified in § 63.9(j), except changes in major source status must be reported per § 63.9(j); * * * 69. Table 10 to subpart UUUU of part 63 is amended by revising the entry for § 63.9(j) and adding entries for ■ * * * * * * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: TABLE 10 TO SUBPART UUUU OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART UUUU * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation * * Subject * Brief description Applies to subpart UUUU * * § 63.9(j) ......................................... * * * Change in previous information .... Must submit within 15 days of the change. § 63.9(k) ........................................ Electronic reporting procedures .... VerDate Sep<11>2014 20:51 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00058 Fmt 4701 Procedure for electronically reporting the notification required by 63.9(j). Sfmt 4702 E:\FR\FM\26JYP3.SGM * * * Yes, except the notification for all but change in major source status must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart. Yes, as specified in 63.9(j). 26JYP3 36361 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 10 TO SUBPART UUUU OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART UUUU—Continued * * * Citation * Subject * * § 63.10(g) ...................................... * * * Brief description Applies to subpart UUUU * * * Recordkeeping for electronic re- Electronically reported data may porting. be stored electronically. * * Subpart VVVV—National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing * * * Yes. * * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 70. Table 8 to subpart VVVV of part 63 is amended by adding entries for ■ TABLE 8 TO SUBPART VVVV OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (40 CFR PART 63, SUBPART A) TO SUBPART VVVV * * * Citation * * Requirement * Applies to subpart VVVV * Explanation * * § 63.1(c)(6) .................................... * * ....................................................... Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * * Subpart WWWW—National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production 71. Table 2 to subpart WWWW of part 63 is amended by revising entry 1 to read as follows: ■ TABLE 2 TO SUBPART WWWW OF PART 63—COMPLIANCE DATES FOR NEW AND EXISTING REINFORCED PLASTIC COMPOSITES FACILITIES * * * * * If your facility is . . . And . . . Then you must comply by this date . . . 1. An existing source ..................... a. Is a major source on or before the publication date of this subpart. April 21, 2006. * * * 72. Table 15 to subpart WWWW of part 63 is amended by adding entries for ■ jbell on DSK3GLQ082PROD with PROPOSALS3 * VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 * * * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 * * 36362 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 15 TO SUBPART WWWW OF PART 63—APPLICABILITY OF GENERAL PROVISIONS (SUBPART A) TO SUBPART WWWW OF PART 63 * * * The general provisions reference . . . * * * And applies to subpart WWWW of part 63 . . . That addresses . . . * Subject to the following additional information . . . * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart XXXX—National Emissions Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 73. Table 17 to subpart XXXX of part 63 is amended by adding entries for ■ TABLE 17 TO SUBPART XXXX OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO THIS SUBPART XXXX * * * Citation * * * Applicable to subpart XXXX? Brief description of applicable sections Subject * Using a control device Not using a control device * § 63.9(k) ............................. * * Notification ........................ * Electronic reporting procedures. * * Yes .................................... Yes. * § 63.10(g) ........................... * * Recordkeeping .................. * Recordkeeping for report submitted electronically. * * Yes .................................... Yes. * * * Subpart YYYY—National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines * * * * * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 74. Table 7 to subpart YYYY of part 63 is amended by adding entries for ■ TABLE 7 TO SUBPART YYYY OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART YYYY * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation * * * Applies to subpart YYYY Requirement * Explanation * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * VerDate Sep<11>2014 * 20:51 Jul 25, 2019 * Jkt 247001 PO 00000 * Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36363 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart ZZZZ—National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines §§ 63.9(k) and § 63.10(g) in numerical order to read as follows: 75. Table 8 to subpart ZZZZ of part 63 is amended by adding entries for ■ TABLE 8 TO SUBPART ZZZZ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART * * * General provisions citation * * Subject of citation * Applies to subpart * Explanation * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart AAAAA—National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: * * * * * 76. Table 8 to subpart AAAAA of part 63 is amended by adding entries for ■ TABLE 8 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA * * * * Summary of requirement Citation * * Am I subject to this requirement? * Explanations * * § 63.1(c)(6) .................................... * * Becoming an area source ............. Yes. * * * * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart CCCCC—National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks * § 63.10(g) in numerical order to read as follows: 77. Table 1 to subpart CCCCC of part 63 is amended by adding entry for ■ TABLE 1 TO SUBPART CCCCC OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART CCCCC * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation Subject * * § 63.10(g) ...................................... * VerDate Sep<11>2014 * * Jkt 247001 PO 00000 * Frm 00061 * Applies to Subpart CCCCC? * * Recordkeeping for electronic re- Yes. porting. * 20:18 Jul 25, 2019 * Fmt 4701 Sfmt 4702 * Explanations * * * * * * E:\FR\FM\26JYP3.SGM 26JYP3 36364 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart DDDDD—National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters § 63.10(g) in numerical order to read as follows: 78. Table 10 to subpart DDDDD of part 63 is amended by adding an entry for ■ TABLE 10 TO SUBPART DDDDD OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART DDDDD * * * Citation * Subject * * 63.10(g) .......................................... * * * Subpart EEEEE—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries * Applies to subpart DDDDD * * Recordkeeping for reports sub- Yes. mitted electronically. * * * * * * * * * § 63.10(g) in numerical order to read as follows: 79. Table 1 to subpart EEEEE of part 63 is amended by adding an entry for ■ TABLE 1 TO SUBPART EEEEE OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEEE * * * Citation Subject * * 63.10(g) ......................................... * * * Applies to Subpart EEEEE? * * Recordkeeping for electronic re- Yes. porting. * * Subpart FFFFF—National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities * * * Explanations * * * * * * § 63.10(g) in numerical order to read as follows: 80. Table 4 to subpart FFFFF of part 63 is amended by adding an entry for ■ TABLE 4 TO SUBPART FFFFF OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART FFFFF * * * Citation Subject * * § 63.10(g) ...................................... jbell on DSK3GLQ082PROD with PROPOSALS3 * * * Applies to Subpart FFFFF * * Recordkeeping for electronic re- Yes. porting. * * Subpart GGGGG—National Emission Standards for Hazardous Air Pollutants: Site Remediation * * Explanations * * * * * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 81. Table 3 to subpart GGGGG of part 63 is amended by adding entries for ■ VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 * E:\FR\FM\26JYP3.SGM 26JYP3 36365 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 3 TO SUBPART GGGGG OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART GGGGG * * * Citation * * Subject * Brief description * Applies to subpart GGGGG * * § 63.9(k) ........................................ * * * Electronic reporting procedures .... Electronic reporting procedures for notifications per 63.9(j). * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping for electronic re- Electronically reported data may porting. be stored electronically. * Yes. * * * * * * Subpart HHHHH—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing * * for § 63.9(j) and adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 82. Table 10 to subpart HHHHH of part 63 is amended by revising the entry ■ TABLE 10 TO SUBPART HHHHH OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART HHHHH * * * Citation * Subject * * § 63.9(j) .......................................... § 63.9(k) ......................................... * * § 63.10(g) ....................................... * * * * Explanation * * * * * Change in previous information ..... Yes for change in major source status, otherwise § 63.8075(e)(8) specifies reporting requirements for process changes. Electronic reporting procedures ..... Yes, as specified in 63.9(j). * * Recordkeeping for electronic re- Yes. porting. * * Subpart IIIII—National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants * * * * * * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 83. Table 10 to subpart IIIII of part 63 is amended by adding entries for ■ TABLE 10 TO SUBPART IIIII OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIIII * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation * * Subject * Applies to subpart IIIII * Explanation * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 * Jkt 247001 PO 00000 * Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36366 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart JJJJJ—National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 84. Table 10 to subpart JJJJJ of part 63 is amended by adding entries for ■ TABLE 10 TO SUBPART JJJJJ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJJJ * * * Citation * * Subject * Brief description * Applies to subpart JJJJJ? * * § 63.9(k) ........................................ * * * Electronic reporting procedures .... Electronic reporting procedures for notifications per 63.9(j). * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping for electronic re- Electronically reported data may porting. be stored electronically. * Yes. * * * * * * Subpart KKKKK—National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 85. Table 11 to subpart KKKKK of part 63 is amended by adding entries for ■ TABLE 11 TO SUBPART KKKKK OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART KKKKK * * * Citation * * Subject * Brief description * Applies to subpart KKKKK? * * § 63.9(k) ........................................ * * * Electronic reporting procedures .... Electronic reporting procedures for notifications per 63.9(j). * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping for electronic re- Electronically reported data may porting. be stored electronically. * Yes. * * * * * * Subpart LLLLL—National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 86. Table 7 to subpart LLLLL of part 63 is amended by adding entries for ■ TABLE 7 TO SUBPART LLLLL OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART LLLLL jbell on DSK3GLQ082PROD with PROPOSALS3 Citation Subject Brief description Applies to subpart LLLLL * * § 63.9(k) ........................................ * * * Electronic reporting procedures .... Electronic reporting procedures for notifications per 63.9(j). * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping for electronic re- Electronically reported data may porting. be stored electronically. * Yes. * * * * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 * Jkt 247001 PO 00000 * Frm 00064 Fmt 4701 * Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36367 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart MMMMM—National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 87. Table 7 to subpart MMMMM of part 63 is amended by adding entries for ■ TABLE 7 TO SUBPART MMMMM OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMMM * * * Citation * Requirement * * Applies to subpart MMMMM * Explanation * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart NNNNN—National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production * §§ 63.9(k) and § 63.10(g) in numerical order to read as follows: 88. Table 7 to subpart NNNNN of part 63 is amended by adding entries for ■ TABLE 7 TO SUBPART NNNNN OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART NNNNN * * * Citation * Requirement * * Applies to subpart NNNNN * Explanation * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart PPPPP—National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands * §§ 63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as follows: 89. Table 7 to subpart PPPPP of part 63 is amended by adding entries for ■ TABLE 7 TO SUBPART PPPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPPP * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation * * Subject * Brief description * Applies to subpart PPPPP * * § 63.1(c)(6) .................................... * * * Applicability ................................... Becoming an area source ............. * Yes. * * * § 63.9(k) ........................................ * * * Notifications ................................... Electronic reporting procedures .... * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping .............................. Recordkeeping for electronic reporting. * Yes. * * * * VerDate Sep<11>2014 * 20:18 Jul 25, 2019 * Jkt 247001 PO 00000 * Frm 00065 Fmt 4701 * Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36368 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules Subpart QQQQQ—National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities 90. Revise § 63.9485(a) to read as follows: ■ § 63.9485 Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a friction materials manufacturing facility (as defined in § 63.9565) that is (or is part of) a major source of hazardous air pollutants (HAP) emissions. Your friction materials manufacturing facility is a major source of HAP if it emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year. * * * * * ■ 91. Table 1 to subpart QQQQQ of part 63 is amended by adding entries for §§ 63.9(j), 63.9(k), and 63.10(g) in numerical order to read as follows: TABLE 1 TO SUBPART QQQQQ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART QQQQQ Citation Subject * * § 63.9(j) ......................................... § 63.9(k) ........................................ * * § 63.10(g) ...................................... * Applies to subpart QQQQQ? Explanation * * Changes to information already Yes. provided. Electronic reporting procedures .... Yes. * * * * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * Subpart RRRRR—National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing 92. Revise § 63.9581 to read as follows: ■ * § 63.9581 Am I subject to this subpart? You are subject to this subpart if you own or operate a taconite iron ore processing plant that is (or is part of) a major source of hazardous air pollutant (HAP) emissions. Your taconite iron ore processing plant is a major source of HAP if it emits or has the potential to emit any single HAP at a rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year. ■ 93. Table 2 to subpart RRRRR of part 63 is amended by adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: TABLE 2 TO SUBPART RRRRR OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART RRRRR OF PART 63 * * * Citation * Subject * * Applies to subpart RRRRR * Explanation * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * Subpart SSSSS—National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 94. Table 11 to subpart SSSSS of part 63 is amended by adding entries for ■ TABLE 11 TO SUBPART SSSSS OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART SSSSS * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation * * Subject * Brief description * Applies to subpart SSSSS * * § 63.9(k) ........................................ * * * Notifications ................................... Electronic reporting procedures .... * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping .............................. Recordkeeping for electronic reporting. * Yes. * VerDate Sep<11>2014 20:55 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36369 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 11 TO SUBPART SSSSS OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART SSSSS—Continued * * * Citation * * * Subject * Brief description * Subpart TTTTT—National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining * * * Applies to subpart SSSSS * * * § 63.10(g) in numerical order to read as follows: 95. Table 5 to subpart TTTTT of part 63 is amended by adding an entry for ■ TABLE 5 TO SUBPART TTTTT OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART TTTTT OF PART 63 * * * Citation * Subject * * 63.10(g) ......................................... * * Applies to subpart TTTTT * * Recordkeeping for electronic re- Yes. porting. * * Subpart UUUUU—National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units * * * Explanation * * * * * * § 63.10(g) in numerical order to read as follows: 96. Table 9 to subpart UUUUU of part 63 is amended by adding an entry for ■ TABLE 9 TO SUBPART UUUUU OF PART 63—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART UUUUU * * * Citation * Subject * * § 63.10(g) ....................................... * * * Subpart WWWWW—National Emission Standards for Hospital Ethylene Oxide Sterilizers 97. Table 1 to subpart WWWWW of part 63 is amended by removing the ■ * Applies to subpart UUUUU * * Recordkeeping for electronic re- Yes porting. * * * * * * * * * entry for § 63.9(d)-(j), and adding entries in alphanumerical order for §§ 63.9(d)– (i), 63.9(j)–(k), and 63.10(g) to read as follows: TABLE 1 TO SUBPART WWWWW OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART WWWWW * * * jbell on DSK3GLQ082PROD with PROPOSALS3 Citation * Subject * * Applies to subpart WWWWW * Explanation * * § 63.9(d)–(i) ................................... § 63.9(j)–(k) ................................... * * Other notifications ......................... No. Change in information already Yes. submitted Electronic reporting. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\26JYP3.SGM 26JYP3 36370 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules TABLE 1 TO SUBPART WWWWW OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART WWWWW— Continued * * * Citation * * Subject * * Applies to subpart WWWWW * Subpart BBBBBB—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities * * * Explanation * * * §§ 63.9(k) and 63.10(g) in numerical order to read as follows: 98. Table 3 to subpart BBBBBB of part 63 is amended by adding entries for ■ TABLE 3 TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS Citation Subject Brief description Applies to subpart BBBBBB * * § 63.9(k) ........................................ * * * Notifications ................................... Electronic reporting procedures .... * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping .............................. Recordkeeping for electronic reporting. * Yes. * Subpart CCCCCC—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities §§ 63.9(k) and § 63.10(g) in numerical order to read as follows: 99. Table 3 to subpart CCCCCC of part 63 is amended by adding entries for ■ TABLE 3 TO SUBPART CCCCCC OF PART 63—APPLICABILITY OF GENERAL PROVISIONS Citation Subject Applies to subpart CCCCCC * * § 63.9(k) ........................................ * * * Notifications ................................... Electronic reporting procedures .... * Yes. * * * § 63.10(g) ...................................... * * * Recordkeeping .............................. Recordkeeping for electronic reporting. * Yes. * * * * * * Subpart HHHHHH—National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources 100. Revise § 63.11175(a) introductory text to read as follows: ■ jbell on DSK3GLQ082PROD with PROPOSALS3 Brief description § 63.11175 submit? What notifications must I (a) Initial Notification. If you are the owner or operator of a paint stripping operation using paint strippers containing MeCl and/or a surface coating operation subject to this subpart, VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 * * you must submit the initial notification required by § 63.9(b). For a new affected source, you must submit the Initial Notification no later than 180 days after initial startup or July 7, 2008, whichever is later. For an existing affected source, you must submit the initial notification no later than January 11, 2010 or no later than 120 days after the source becomes subject to this subpart. The initial notification must provide the information specified in paragraphs (a)(1) through (8) of this section. * * * * * PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 Subpart XXXXXX—National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories 101. Revise § 63.11519(a)(1) introductory text to read as follows: ■ § 63.11519 What are my notifications, recordkeeping, and reporting requirements? (a) What notifications must I submit?—(1) Initial notification. If you are the owner or operator of an area source in one of the nine metal E:\FR\FM\26JYP3.SGM 26JYP3 36371 Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules fabrication and finishing source categories, as defined in § 63.11514, you must submit the initial notification required by § 63.9(b), for a new affected source no later than 120 days after initial startup or November 20, 2008, whichever is later. For an existing affected source, you must submit the initial notification no later than July 25, 2011 or no later than 120 days after the source becomes subject to this subpart. Your initial notification must provide the information specified in paragraphs (a)(1)(i) through (iv) of this section. * * * * * Subpart YYYYYY—National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities Subpart AAAAAAA—National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing 103. Revise § 63.11564(a)(2) to read as follows: ■ § 63.11564 What are my notification, recordkeeping, and reporting requirements? (a) * * * (2) As specified in § 63.9(b)(2), if you have an existing affected source, you must submit an initial notification not later than 120 calendar days after December 2, 2009 or no later than 120 days after the source becomes subject to this subpart. * * * * * 104. Revise § 63.11585(b)(1) to read as follows: ■ § 63.11529 What are the notification, reporting, and recordkeeping requirements? § 63.11585 What are my notification, recordkeeping, and reporting requirements? (a) Initial notification. You must submit the initial notification required by § 63.9(b)(2) no later than 120 days after December 23, 2008 or no later than 120 days after the source becomes subject to this subpart. The initial notification must include the information specified in § 63.9(b)(2)(i) through (b)(2)(iv). * * * * * Subpart CCCCCCC—National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing 105. Revise § 63.11603(a)(1) introductory text to read as follows: ■ Subpart BBBBBBB—[Amended] 102. Revise § 63.11529(a) to read as follows: ■ applicability must include the information specified in § 63.9(b)(2)(i) through (iii). * * * * * * * * * * (b) * * * (1) Initial notification of applicability. If you own or operate an existing affected source, you must submit an initial notification of applicability as required by § 63.9(b)(2) no later than April 29, 2010 or no later than 120 days after the source becomes subject to this subpart. If you own or operate a new affected source, you must submit an initial notification of applicability required by § 63.9(b)(2) no later than 120 days after initial start-up of operation or April 29, 2010, whichever is later. The initial notification of § 63.11603 What are the notification, recordkeeping, and reporting requirements? (a) * * * (1) Initial notification of applicability. If you own or operate an existing affected source, you must submit an initial notification of applicability required by § 63.9(b)(2) no later than June 1, 2010, or no later than 120 days after the source becomes subject to this subpart. If you own or operate a new affected source, you must submit an initial notification of applicability required by § 63.9(b)(2) no later than 180 days after initial start-up of the operations or June 1, 2010, whichever is later. The notification of applicability must include the information specified in paragraphs (a)(1)(i) through (iii) of this section. * * * * * Subpart HHHHHHH—National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride and Copolymers Production 106. Table 4 to subpart HHHHHHH of part 63 is amended by adding entries for §§ 63.9(k) and 63.10(g) in numerical order to read as follows: ■ TABLE 4 TO SUBPART HHHHHHH OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO PART 63 Citation Subject Applies to subpart HHHHHHH * * § 63.9(k) ........................................ * * Electronic reporting procedures .... Yes. * * * * * § 63.10(g) ...................................... * * Recordkeeping for electronic re- Yes. porting. * * * * * * * * * * [FR Doc. 2019–14252 Filed 7–25–19; 8:45 am] jbell on DSK3GLQ082PROD with PROPOSALS3 Comment BILLING CODE 6560–50–P VerDate Sep<11>2014 20:18 Jul 25, 2019 Jkt 247001 PO 00000 Frm 00069 Fmt 4701 Sfmt 9990 E:\FR\FM\26JYP3.SGM 26JYP3

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Proposed Rules]
[Pages 36304-36371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14252]



[[Page 36303]]

Vol. 84

Friday,

No. 144

July 26, 2019

Part III





 Environmental Protection Agency





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40 CFR Part 63





Reclassification of Major Sources as Area Sources Under Section 112 of 
the Clean Air Act; Proposed Rule

Federal Register / Vol. 84 , No. 144 / Friday, July 26, 2019 / 
Proposed Rules

[[Page 36304]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2019-0282; FRL-9996-00-OAR]
RIN 2060-AM75


Reclassification of Major Sources as Area Sources Under Section 
112 of the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
amendments to the General Provisions to the National Emission Standards 
for Hazardous Air Pollutants (NESHAP). The proposed amendments 
implement the plain language reading of the ``major source'' and ``area 
source'' definitions of section 112 of the Clean Air Act (CAA) and 
provide that a major source can reclassify to area source status at any 
time by limiting its potential to emit (PTE) hazardous air pollutants 
(HAP) to below the major source thresholds of 10 tons per year (tpy) of 
any single HAP or 25 tpy of any combination of HAP. The EPA is 
proposing that PTE HAP limits must meet the proposed effectiveness 
criteria of being legally and practicably enforceable. The proposal 
also clarifies the requirements that apply to sources choosing to 
reclassify to area source status after the first substantive compliance 
date of an applicable NESHAP standard. The EPA is proposing electronic 
notification when a source reclassifies. We are also proposing to 
revise provisions in specific NESHAP standards that specify the 
applicability of General Provisions requirements to account for the 
regulatory provisions we are proposing to add through this rule.

DATES: 
    Comments. Comments must be received on or before September 24, 
2019.
    Public hearing. The EPA is planning to hold at least one public 
hearing in response to this proposed action. Information about the 
hearing, including location, date, and time, along with instructions on 
how to register to speak at the hearing, will be published in a second 
Federal Register document and posted at https://www.epa.gov/stationary-sources-air-pollution/reclassification-major-sources-area-sources-under-section-112-clean. See SUPPLEMENTARY INFORMATION for information 
on registering and attending a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0282, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2019-0282 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2019-0282.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2019-0282, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Ms. Elineth Torres, Sector Policies and Programs 
Division (D205-02), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-4347; fax number: (919) 541-4991; 
and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Public hearing. The EPA is planning to hold at least one public 
hearing in response to this proposed action. Information about the 
hearing, including location, date, and time, along with instructions on 
how to register to speak at the hearing will be published in a second 
Federal Register document.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2019-0282. All documents in the docket are 
listed in Regulations.gov. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (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. Publicly 
available docket materials are available either electronically in 
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334, 
WJC West Building, 1301 Constitution Avenue 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 EPA 
Docket Center is (202) 566-1742.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2019-0282. The 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 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 email. This 
type of information should be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov/, your email 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, the EPA recommends that you include your name and 
other contact information in

[[Page 36305]]

the body of your comment and with any digital storage media you submit. 
If the EPA cannot read your comment due to technical difficulties and 
cannot contact you for clarification, the EPA may not be able to 
consider your comment. Electronic files should not include special 
characters or any form of encryption and be free of any defects or 
viruses. For additional information about the EPA's public docket, 
visit the EPA's Docket Center homepage at https://www.epa.gov/dockets.
    The EPA is expressly soliciting comment on numerous aspects of the 
proposed rule. The EPA has indexed each comment solicitation with an 
alpha-numeric identifier (e.g., ``C-1,'' ``C-2,'' ``C-3'') to provide a 
consistent framework for effective and efficient provision of comments. 
Accordingly, the EPA asks that commenters include the corresponding 
identifier when providing comments relevant to that comment 
solicitation. The EPA asks that commenters include the identifier in 
either a heading, or within the text of each comment (e.g., ``In 
response to solicitation of comment C-1, . . .'') to make clear which 
comment solicitation is being addressed. The EPA emphasizes that the 
Agency is not limiting comment to these identified areas and encourages 
submission of any other comments relevant to this proposal.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/ or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2. Send or deliver information identified as CBI only to the 
following address: OAQPS Document Control Officer (C404-02), OAQPS, 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2019-0282.
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

CAA Clean Air Act
CAM compliance assurance monitoring
CBI Confidential Business Information
CEDRI Compliance and Emissions Data Reporting Interface
CEMS continuous emission monitoring system
CFR Code of Federal Regulations
EAV equivalent annualized value
EIA economic impact analysis
EPA Environmental Protection Agency
FESOP federally enforceable state operating permit
FIP Federal Implementation Plan
HAP hazardous air pollutant(s)
MACT maximum achievable control technology
MM2A Major MACT to Area
MRR monitoring, recordkeeping, and reporting
NESHAP national emission standards for hazardous air pollutants
NMA National Mining Association
NSPS new source performance standards
NSR New Source Review
NTTAA National Technology Transfer and Advancement Act
OIAI Once In, Always In
OMB Office of Management and Budget
P2 pollution prevention
PRA Paperwork Reduction Act
PSD prevention of significant deterioration
PTE potential to emit
PV present value
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
RTR risk and technology review
SBA Small Business Administration
SIP State Implementation Plan
TIP Tribal Implementation Plan
tpy tons per year
UMRA Unfunded Mandates Reform Act
VOC volatile organic compound(s)

    Organization of this document. The information in this preamble is 
organized as follows:

I. Executive Summary
    A. Purpose of the Regulatory Action
    B. Summary of the Major Provisions of the Regulatory Action
    C. Costs and Benefits
II. General Information
    A. Does this proposed action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. What should I consider as I prepare my comments for the EPA?
III. Basis for the Proposed Action
    A. Prior Agency Actions
    B. Statutory Authority
    C. Role of the PTE Definition in the Regulation of Major Sources
    D. Issues Not Resolved by the Statute or Existing Regulations
IV. Considerations for Sources Seeking Reclassification From Major 
to Area Source Status
    A. PTE Determination Considerations
    B. Criteria for Effective HAP PTE Limits
    C. Permitting Considerations
    D. SIP Considerations
V. Proposed Regulatory Changes
    A. Proposed Changes to 40 CFR Part 63, Subpart A: General 
Provisions
    B. Proposed Changes to Individual NESHAP General Provisions 
Applicability Tables
    C. Proposed Changes to Individual NESHAP
VI. Impacts of Proposed Amendments
VII. Request for Comments
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Determination Under CAA Section 307(d)

I. Executive Summary

A. Purpose of the Regulatory Action

    On January 25, 2018, the EPA issued a guidance memorandum titled 
``Reclassification of Major Sources as Area Sources Under Section 112 
of the Clean Air Act'' (Major Maximum Achievable Control Technology 
(MACT) to Area, or MM2A) memorandum. The memorandum discusses the 
statutory provisions that govern when a major source subject to a major 
source standard under section 112 of the CAA may be reclassified as an 
area source, and thereby avoid being subject to major source 
requirements. The proposed amendments to the General Provisions of the 
NESHAP regulations in 40 CFR part 63, subpart A implement the plain 
language reading of the ``major source'' and ``area source'' 
definitions of section 112 of the CAA and provide that a major

[[Page 36306]]

source can reclassify to area source status at any time by limiting its 
potential to emit HAP to below the major source thresholds of 10 tpy of 
any single HAP or 25 tpy of any combination of HAP. The proposal also 
clarifies the requirements that apply to sources choosing to reclassify 
to area source status after the first substantive compliance date of an 
applicable NESHAP standard (also ``CAA section 112 requirements'' or 
``requirements'').
    Further, we propose to amend the definition of ``potential to 
emit'' in the General Provisions of the NESHAP regulations to address a 
Court decision remanding the definition to the EPA. Under the current 
definition in 40 CFR 63.2, any physical or operational limitation on 
the capacity of the stationary source to emit a pollutant, including 
air pollution control equipment and restrictions on hours of operation 
or on the type or amount of material combusted, stored, or processed, 
shall be treated as part of its design if the limitation or the effect 
it would have on emissions is federally enforceable. In 1995, the 
United States Court of Appeals for the District of Columbia Circuit 
issued a decision in National Mining Association (NMA) v. EPA, 59 F.3d 
1351 (D.C. Cir. 1995), in which it remanded the definition of 
``potential to emit'' found in 40 CFR 63.2. In the NMA decision, the 
Court stated that the Agency had not adequately explained how ``federal 
enforceability'' furthered effectiveness. 59 F.3d at 1363-1365. In this 
action, the EPA is proposing specific criteria that HAP PTE limits must 
meet for these limits to be effective in ensuring that a source would 
not emit above the PTE limits. The EPA is proposing to amend the 
definition of ``potential to emit'' in 40 CFR 63.2, accordingly, by 
removing the requirement for federally enforceable PTE limits and 
requiring instead that HAP PTE limits meet the effectiveness criteria 
of being both legally enforceable and practicably enforceable.
    To ensure the EPA and the public is aware of the universe of 
sources that reclassify from major source to area source status, we 
propose to amend the current notification requirements in 40 CFR 
63.9(b) and (j)(9) to require the notifications to be submitted 
electronically. This proposal also responds to questions received after 
the issuance of the MM2A memorandum and requests comment on issues 
relevant to implementation of the plain language reading of the 
statute. In addition, this proposal revises the General Provisions 
applicability tables in specific NESHAP standards to reflect the 
proposed changes to the General Provisions requirements. This proposal 
is intended to provide clarity and certainty to stakeholders and the 
public regarding the reclassification process.

B. Summary of the Major Provisions of the Regulatory Action

    The EPA is proposing to amend the applicability section found in 40 
CFR 63.1 by adding a new paragraph (c)(6). This paragraph will specify 
that a major source can become an area source at any time by limiting 
its HAP PTE to below the major source thresholds established in 40 CFR 
63.2. The EPA is also proposing to amend the definition of ``potential 
to emit'' in 40 CFR 63.2 to remove the requirement that limits on 
emissions be federally enforceable and instead require that any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions 
is legally and practicably enforceable (i.e., ``effective''). The EPA 
is also proposing to include in 40 CFR 63.2 the definitions of legally 
and practicably enforceable. By proposing this amendment, the EPA is 
allowing for the use of non-federally enforceable limits (e.g., state 
only enforceable limits) to be recognized as effective in limiting a 
source's potential to emit for purposes of CAA section 112 
applicability provided those limits are legally and practicably 
enforceable.
    To address the issue of compliance time frames for sources that 
reclassify from major source status to area source status after the 
first substantive compliance date of an applicable major source NESHAP 
standard, we are proposing regulatory text in the new provision at 40 
CFR 63.1(c)(6)(i) under which major sources that reclassify to area 
source status become subject to applicable area source requirements in 
40 CFR part 63 immediately upon becoming an area source in those 
situations where the first substantive compliance date of the area 
source requirements has passed. For sources that reclassify from major 
to area source status and then revert back to their previous major 
source status, the EPA is proposing to add a new provision in 40 CFR 
63.1(c)(6)(ii)(A) to specify that upon reverting back to major source 
status, a source must meet the major source NESHAP requirements at the 
time that those requirements again become applicable to the source. The 
EPA is proposing to add a new provision at 40 CFR 63.1(c)(6)(iii) to 
address the interaction of the reclassification of sources with 
enforcement actions arising from violations that occurred while the 
source was a major source subject to major source requirements. 
Specifically, we are proposing that status reclassification from major 
source to area source does not affect a source's liability or any 
enforcement investigations or enforcement actions for a source's past 
violations of major source requirements that occurred prior to the 
source's reclassification.
    The EPA is proposing to amend the notification requirements in 40 
CFR 63.9(b) so that an owner or operator of a facility that 
reclassifies must notify the Administrator of any standards to which it 
becomes subject. With this amendment, the notification requirements of 
40 CFR 63.9 will cover both situations where a source switches from 
major to area source status, and where a source switches from major, to 
area, and back to major source status. The EPA is also proposing to 
clarify that a source that reclassifies must notify the EPA of any 
changes in the applicability of the standards that the source was 
subject to per the notification requirements of 40 CFR 63.9(j). The EPA 
is also proposing to amend the notification requirements in 40 CFR 
63.9(b) and (j) to require the notification be submitted electronically 
through the Compliance and Emissions Data Reporting Interface (CEDRI). 
The EPA is also proposing to amend the General Provisions to add 40 CFR 
63.9(k) to include the CEDRI submission procedures. The EPA is also 
proposing to remove the time limit for record retention in 40 CFR 
63.10(b)(3) so sources that obtain new legally and practicably 
enforceable PTE limits are required to keep the required records until 
the source becomes subject to major source NESHAP requirements. The EPA 
is also proposing to amend 40 CFR 63.12(c) to clarify that a source may 
not be exempted from electronic reporting requirements.
    The EPA is proposing to amend the General Provisions applicability 
tables contained within most subparts of 40 CFR part 63 to add a 
reference to a new proposed paragraph 63.1(c)(6) discussed above. The 
EPA has identified one general category of regulatory provisions in 
several NESHAP subparts that include a date by which a major source can 
become an area source. Accordingly, in this action we are proposing to 
revise these provisions by removing such date limitations. The 
provisions we are proposing to revise

[[Page 36307]]

are: 40 CFR part 63, subpart QQQ at 63.1441; 40 CFR part 63, subpart 
QQQQQ at 63.9485; 40 CFR part 63, subpart RRRRR at 63.9581; and Table 2 
of 40 CFR part 63, subpart WWWW. We are also proposing to revise 
several area source NESHAP subparts that include a specific date for an 
existing source to submit the initial notification because the date 
specified in the regulations has passed. The provisions we are 
proposing to revise are: 40 CFR part 63, subpart HHHHHH at 63.11175; 40 
CFR part 63, subpart XXXXXX at 63.11519; 40 CFR part 63, subpart 
AAAAAAA at 63.11564; 40 CFR part 63, subpart BBBBBBB at 63.11585; and 
40 CFR part 63, subpart CCCCCCC at 63.11603. We request comments on 
whether there are other NESHAP subparts that contain the same type of 
general provisions of those discussed above that will need to be 
revised (Comment C-1).\1\
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    \1\ The EPA notes that the regulatory provisions cited and 
discussed in this paragraph continue to be in effect. These 
provisions will remain in effect until such time as they are revised 
or removed by final agency action.
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C. Costs and Benefits

    The EPA projects that this proposed action may result in 
substantial cost savings based on illustrative estimates of its reduced 
administrative burden. Other changes in costs, such as from changes in 
control device operation and maintenance in response to this proposed 
action, are not estimated due to lack of information. To assess 
potential changes in emissions, we analyzed the reclassification of 34 
sources and also performed an illustrative analysis of six source 
categories in detail; however, due to limited information on how 
emissions changes could take place across the broad array of HAP 
emissions sources, we are unable to provide precise estimates of 
changes in emissions for all source categories that could be impacted 
by this action. Due to the uncertainties in determining precise 
emission impacts, we are providing a qualitative assessment of benefits 
that may result from this proposed action. The illustrative cost saving 
impacts of this proposed regulation are estimated for all sources that 
could potentially reclassify from major source status to area source 
status under section 112 of the CAA for the 2 years after promulgation 
of this action. The impacts presented in the preamble reflect those 
estimated from the illustrative cost saving analysis of the primary 
scenario, which for analytical purposes is defined as only those 
facilities whose actual emissions are below 75 percent of the major 
source thresholds (7.5 tpy for a single HAP and 18.75 tpy for all HAP) 
that could potentially reclassify from major to area source status, a 
scenario that is further described in section VI of this preamble and 
the Regulatory Impact Analysis (RIA) that is available in the docket 
for this action. The RIA also presents two other alternative scenarios 
to provide a range of estimated cost savings.\2\ All impacts are 
estimated compared to a baseline in which all promulgated regulations 
to limit HAP emissions under section 112 of the CAA are in place and 
includes implementation of the 1995 Once In, Always In (OIAI) policy. 
Results are presented as the present value (PV) and equivalent 
annualized value (EAV) of the cost savings of the proposed action in 
2016 dollars. The PV is the one-time value of a stream of impacts over 
time, discounted to the current (or nearly current) day. The EAV is a 
measure of the annual cost that is calculated consistent with the PV. 
The cost savings of the proposed action in 2014 dollars are also 
presented later in this preamble and in the RIA.
---------------------------------------------------------------------------

    \2\ Alternative scenario 1 assumes that only those facilities 
whose actual emissions are below 50 percent of the major source 
thresholds (5 tpy for a single HAP and 12.5 tpy for all HAP) would 
reclassify from major to area source status. Alternative scenario 2 
assumes that sources below 125 percent of the major source 
thresholds (12.5 tpy for a single HAP and 31.25 tpy for all HAP) 
would reclassify from major to area source status. Discussion of 
these scenarios and results can be found in the RIA for this 
proposal.
---------------------------------------------------------------------------

    A summary of key results from the proposed action presented as 
shown in the RIA can be found in Table 1. This table presents the PV 
and EAV, estimated in 2016 dollars using discount rates of 7 and 3 
percent, and discounted to 2016, of the cost savings of the proposed 
action. Yearly estimates are presented for the second year after 
promulgation and subsequent years.

                        Table 1--Annual Cost Savings Compared to the Baseline, For Year 2
                                           [Including following years]
                                               [Billions 2016$] *
----------------------------------------------------------------------------------------------------------------
                                                                7%  Equivalent                    3%  Equivalent
                                               Present value      annualized     Present value      annualized
                                                                    value                             value
----------------------------------------------------------------------------------------------------------------
Benefits (Cost Savings).....................           $2.39            $0.17            $6.24            $0.19
----------------------------------------------------------------------------------------------------------------
* The analytic timeline begins in 2020 and continues thereafter for an indefinite period. Year 1 impacts are
  those for 1 year after 2020, and Year 2 impacts are those for the second year after 2022 and annually
  afterwards. Impacts for year 2 are representative of impacts in subsequent years. Impacts are for the primary
  scenario analyzed for the proposal.

    To assess the potential for emission changes from the 
reclassification of major sources as area sources, the EPA evaluated 
the sources that the EPA knows have reclassified to area source status 
consistent with the EPA's plain language reading of the CAA section 112 
definitions of ``major'' and ``area'' source, since January 2018. The 
EPA reviewed permits associated to the reclassification of 34 sources. 
The EPA also performed an illustrative analysis of changes in emissions 
for six source categories covered by the proposed rule. In addition, 
the EPA also performed an illustrative analysis of control cost 
estimates under one alternative scenario for five source categories 
covered by the proposed rule. The assessment of the reclassifications 
and illustrative analyses are summarized in section VI of this preamble 
and presented in details in the Emission Impacts Analysis Technical 
Support Memorandum (TSM), the illustrative 125% Scenario Cost 
Considerations Memorandum and the RIA for the proposal that are 
available in the docket for this action.

II. General Information

A. Does this proposed action apply to me?

    Categories and entities potentially impacted by this proposal 
include sources subject to NESHAP requirements under section 112 of the 
CAA.
    The proposed amendments, if promulgated, will be applicable to

[[Page 36308]]

sources that reclassify from major source to area source status under 
section 112 of the CAA and sources that revert from their reclassified 
status as an area source resulting from this action to their previous 
major source status.
    Federal, state, local, and tribal governments may be affected by 
this action if they own or operate sources that choose to request 
reclassification from major source status to area source status or if 
they choose to subsequently revert to their major source status at some 
time in the future after such reclassification. The EPA is the 
permitting authority for issuing, rescinding, and amending permits for 
sources that request reclassification in Indian country, with four 
exceptions.\3\ State, local, or tribal regulatory authorities \4\ may 
receive requests to issue new permits or make changes to existing 
permits for sources in their jurisdiction to address reclassification 
related activities (e.g., title V, synthetic minor permits, 
establishing limits on a source's PTE).
---------------------------------------------------------------------------

    \3\ Two tribes have approved title V programs or delegation of 
40 CFR part 71. The tribes may have sources that request to no 
longer be covered by title V. Neither of these two tribes have 
approved minor source permitting programs but may in the future. In 
the meantime, the tribes will need to coordinate with the EPA, who 
is the permitting authority in Indian country for these requests. In 
addition, two other tribes have approved Tribal Implementation Plans 
(TIPs) authorizing the issuance of minor source permits. Only one of 
these tribes has a major source that would be eligible to request 
reclassification. If that source requests a new permit, the tribe 
may issue the minor source permit, but the EPA would need to be made 
aware of the request as the EPA is the permitting authority for 
title V.
    \4\ The term regulatory authority is intended to be inclusive of 
the permitting authority or other governmental agency with authority 
to process reclassification requests and issuance of legally and 
practicably enforceable HAP PTE limits.
---------------------------------------------------------------------------

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this proposal is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www.epa.gov/stationary-sources-air-pollution/reclassification-major-sources-area-sources-under-section-112-clean. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version of the proposal and key documents at this same 
website.
    A redline version of the regulatory language that incorporates the 
proposed changes in this action is available in the docket for this 
action (Docket ID No. EPA-HQ-OAR-2019-0282).

C. What should I consider as I prepare my comments for the EPA?

    In 2007, the EPA issued a proposed rule to amend the General 
Provisions to the NESHAP. See 72 FR 69 (January 3, 2007). This new 
proposal supersedes and replaces the 2007 proposed rule. The EPA will 
not be responding to comments received on the 2007 proposal. While some 
aspects of this new proposal are similar to some aspects of the 2007 
proposal, some aspects also differ from the 2007 proposal. To the 
extent that your comments on this new proposal are similar to or the 
same as comments submitted in 2007, you can restate those comments in 
the document that you prepare and submit on this proposal. Please do 
not resubmit 2007 comment documents or attach 2007 comment documents in 
what you submit on this proposal.
    The EPA is expressly soliciting comment on numerous aspects of the 
proposed rule. The EPA has indexed each comment solicitation with an 
alpha-numeric identifier (e.g., ``C-1,'' ``C-2,'' ``C-3'') to provide a 
consistent framework for effective and efficient provision of comments. 
Accordingly, the EPA asks that commenters include the corresponding 
identifier when providing comments relevant to that comment 
solicitation. The EPA asks that commenters include the identifier in 
either a heading, or within the text of each comment (e.g., ``In 
response to solicitation of comment C-1, . . .'') to make clear which 
comment solicitation is being addressed. The EPA emphasizes that the 
Agency is not limiting comment to these identified areas and encourages 
the submission of any other comments relevant to this proposal.

III. Basis for the Proposed Action

A. Prior Agency Actions

    Shortly after the EPA began implementing individual NESHAP 
standards resulting from the 1990 CAA Amendments, the Agency received 
multiple requests to clarify when a major source of HAP could avoid CAA 
section 112 requirements applicable to major sources by taking 
enforceable limits on its PTE below the major source thresholds. In 
response, the EPA issued, on May 16, 1995, a memorandum from John 
Seitz, Director of the Office of Air Quality Planning and Standards, to 
the EPA Regional Air Division Directors (the 1995 Seitz Memorandum).\5\ 
The 1995 Seitz Memorandum provided guidance on three timing issues 
related to avoidance of CAA section 112 requirements for major sources:
---------------------------------------------------------------------------

    \5\ See ``Potential to Emit for MACT Standards-Guidance on 
Timing Issues.'' From John Seitz, Director, Office of Air Quality 
Planning and Standards, to the EPA Regional Air Division Directors. 
May 16, 1995, https://www.epa.gov/sites/production/files/2018-02/documents/pteguid.pdf.
---------------------------------------------------------------------------

     ``By what date must a facility limit its PTE if it wishes 
to avoid major source requirements of a MACT standard?''
     ``Is a facility that is required to comply with a MACT 
standard permanently subject to that standard?''
     ``In the case of facilities with two or more sources in 
different source categories: If such a facility is a major source for 
purposes of one MACT standard, is the facility necessarily a major 
source for purposes of subsequently promulgated MACT standards?''
    In the 1995 Seitz Memorandum, the EPA stated its interpretation of 
the relevant statutory language that facilities that are major sources 
of HAP may switch to area source status at any time until the ``first 
compliance date'' of the standard.\6\ Under this interpretation, 
facilities that are major sources on the first substantive compliance 
date of an applicable major source NESHAP were required to comply 
permanently with that major source standard even if the source was 
subsequently to become an area source by limiting its PTE. This 
position was commonly referred to as the ``Once In, Always In'' (OIAI) 
policy. The expressed basis for this OIAI policy was that this would 
help ensure that required reductions in HAP emissions were maintained 
over time. See 1995 Seitz Memorandum at 9 (``A once in, always in 
policy ensures that MACT emissions reductions are permanent, and that 
the health and environmental protection provided by MACT standards is 
not undermined.''). Finally, the 1995 Seitz Memorandum provided that a 
source that is major for one MACT standard would not be considered 
major for a subsequent MACT standard if the source's potential to emit 
HAP emissions was reduced to below major source levels by complying 
with the first major source MACT standard. In the 1995 Seitz 
Memorandum, the EPA set forth transitional policy guidance that was 
intended to remain in effect only until the Agency proposed and 
promulgated amendments to the 40 CFR part 63 General Provisions.
---------------------------------------------------------------------------

    \6\ The ``first substantive compliance date'' is defined as the 
first date a source must comply with an emission limitation or other 
substantive regulatory requirement (i.e., leak detection and repair 
programs, work practice measures, etc. . . , but not a notice 
requirement) in the applicable standard.

---------------------------------------------------------------------------

[[Page 36309]]

    After issuing the 1995 Seitz Memorandum, the EPA twice proposed 
regulatory amendments that would have altered the OIAI policy. In 2003, 
the EPA proposed amendments that focused on HAP emissions reductions 
resulting from pollution prevention (P2) activities. Apart from certain 
provisions associated with the EPA's National Environmental Performance 
Track Program, a national voluntary program designed to recognize and 
encourage top environmental performers whose program participants go 
beyond compliance with regulatory requirements to attain levels of 
environmental performance that benefit people, communities, and the 
environment, that proposal was never finalized. See 68 FR 26249 (May 
15, 2003); 69 FR 21737 (April 22, 2004). In 2007, the EPA issued a 
proposed rule to replace the OIAI policy set forth in the May 1995 
Seitz Memorandum. 72 FR 69 (January 3, 2007). In that proposal, the EPA 
reviewed the provisions in CAA section 112 relevant to the OIAI policy 
interpretation, applicable regulatory language, stakeholder concerns, 
and potential implications. Id. at 71-74. Based on that review, the EPA 
proposed an interpretation of the relevant statutory language that a 
major source that is subject to a major source NESHAP would no longer 
be subject to that major source standard if the source were to become 
an area source through enforceable limitations on its PTE for each HAP. 
Id. at 72-73. Under the 2007 proposal, major sources could take such 
limits on their PTE and obtain ``area source'' status at any time and 
would not be limited to doing so only before the ``first substantive 
compliance date,'' as the OIAI policy provided.\7\ Id. at 70. The EPA 
did not take final action on this 2007 proposal. This proposal 
supersedes and replaces the 2007 proposed rule.
---------------------------------------------------------------------------

    \7\ As provided in the 2007 proposal, ``[p]rior to the effective 
date of the permit [that limits the emissions of HAP], the source 
must comply with the relevant major source MACT standard(s) and 
other conditions in its title V permit.'' See 72 FR 76.
---------------------------------------------------------------------------

    Many commenters supporting the 2007 proposal expressed the view 
that, by imposing an artificial time limit on major sources obtaining 
area source status, the OIAI policy created a disincentive for sources 
to implement voluntary pollution abatement and prevention efforts, or 
to pursue technological innovations that would reduce HAP emissions 
further. Stakeholders commented to the EPA that the definitions in CAA 
section 112(a)(2) contain a single factor for distinguishing between 
major source and area source--the amount of HAP the source ``emits'' or 
``has the potential to emit.'' Commenters further stated that the 
temporal limitation imposed by the OIAI policy was inconsistent with 
the CAA and created an arbitrary date by which sources must determine 
whether their HAP PTE will exceed either of the major source 
thresholds. These issues were re-emphasized in recent comments received 
per Executive Order 13777, Enforcing the Regulatory Reform Agenda 
(February 24, 2017), and the Presidential Memorandum on Streamlining 
Permitting and Reducing Regulatory Burdens for Domestic Manufacturing 
(January 24, 2017).
    On January 25, 2018, the EPA issued a guidance memorandum from 
William L. Wehrum, Assistant Administrator of the Office of Air and 
Radiation, to the EPA Regional Air Division Directors titled 
``Reclassification of Major Sources as Area Sources Under Section 112 
of the Clean Air Act'' (MM2A Memorandum).\8\ The MM2A Memorandum 
discussed the statutory provisions that govern when a major source 
subject to major source NESHAP requirements under section 112 of the 
CAA may be reclassified as an area source, and thereby avoid being 
subject thereafter to major source NESHAP requirements and other 
requirements applicable to major sources under CAA section 112. In the 
MM2A Memorandum, the EPA discussed the plain language of CAA section 
112(a) regarding Congress's definitions of ``major source'' and ``area 
source,'' and determined that the OIAI policy articulated in the 1995 
Seitz Memorandum is contrary to the plain language of the CAA and, 
therefore, must be withdrawn. In the MM2A Memorandum, the EPA announced 
the future publication of a proposed rule to receive input from the 
public on adding regulatory text consistent with the plain reading of 
the statute as described in the MM2A Memorandum.
---------------------------------------------------------------------------

    \8\ See notice of issuance of this guidance memorandum at 83 FR 
5543 (February 8, 2018).
---------------------------------------------------------------------------

    In this action, the EPA is proposing regulatory text to implement 
the plain language reading of the statute as discussed in the MM2A 
Memorandum, and this proposal supersedes and replaces the 2007 
proposal. See 72 FR 69 (January 3, 2007). This proposal also addresses 
questions received after the issuance of the MM2A Memorandum. In the 
comments on the 2007 proposal, many stakeholders asserted that the 
implementation of this plain reading and withdrawal of the OIAI policy 
will incentivize stationary sources that have reduced HAP emissions to 
below major source thresholds to reclassify to area source status by 
taking enforceable PTE limits and reduce their compliance burden. These 
stakeholders also stated that sources with emissions above major source 
thresholds after complying with CAA section 112 major source 
requirements could be encouraged to evaluate their operations and 
consider additional changes that can further reduce their HAP emissions 
to below the major source thresholds. Overall, many stakeholders 
believed the implementation of the plain language reading of the 
statute will encourage sources to pursue pollution abatement efforts, 
including innovation in pollution reduction technologies, engineering, 
and work practices. Other stakeholders raised the concern that allowing 
sources to reclassify could potentially result in emission increases 
from sources that have reduced their actual emissions to below the 
major source thresholds because they have had to comply with major 
source NESHAP requirements.
    We solicit comment on all aspects of this proposal, including the 
EPA's position that the withdrawal of the OIAI policy and the proposed 
approach gives proper effect to the statutory definitions of ``major 
source'' and ``area source'' in CAA section 112(a) and is consistent 
with the plain language and structure of the CAA as well as the impacts 
of the proposal on costs, benefits, and emissions impacts (Comment C-
2).

B. Statutory Authority

    CAA section 112 distinguishes between major and area sources of HAP 
emissions. Major sources are larger sources of air emissions than area 
sources and, generally, different requirements apply to major sources 
and area sources. For some HAP source categories, the EPA has 
promulgated requirements for only major sources, and HAP emissions from 
area sources in that source category are not regulated under the NESHAP 
program.
    Whether a source is a ``major source'' or an ``area source'' 
depends on the amount of HAP emitted by the source based on its actual 
or potential emissions. Congress defined ``major source'' to mean a 
source that emits or has the potential to emit at or above either of 
the statutory thresholds of 10 tpy of any one HAP or 25 tpy of total 
HAP. CAA section 112(a)(1). An ``area source'' is defined as any source 
of HAP that is not a major source. CAA section 112(a)(2). If a source 
does not emit or does not have the potential to emit at or above either 
of the major source thresholds, then it is an ``area source.'' The 
statutory definitions of ``major

[[Page 36310]]

source'' and ``area source'' do not contain any language that fixes a 
source's status as a major source or area source at any particular 
point in time, nor do they otherwise contain any language suggesting 
that there is a cut-off date after which a source's status cannot 
change.
    Congress did, however, create a distinction based on timing in CAA 
section 112 in defining and creating provisions related to ``new 
sources'' and ``existing sources.'' Specifically, Congress defined 
``new source'' to mean a source that is constructed or reconstructed 
after the EPA first proposes regulations covering the source. CAA 
section 112(a)(4). An ``existing source'' is defined as any source 
other than a new source. CAA section 112(a)(10). A source will be 
subject to different requirements depending on whether it is a new 
source or an existing source. See, e.g., CAA section 112(d)(3) 
(identifying different minimum levels of stringency (known as ``MACT 
floors'') for new and existing sources).
    The emissions-based distinction (arising from the definitions of 
major source and area source) and the timing-based distinction (arising 
from the definitions of new source and existing source) are 
independent, and neither is tied to the other. For example, the 
statutory definition of ``major source'' does not provide that major 
source status is determined based on a source's emissions or PTE as of 
the date that the EPA first proposes regulations applicable to that 
source or any other point in time. As noted above, the plain language 
of the ``major source'' and ``area source'' definitions create a 
distinction that is based solely on amount of emissions and PTE, and 
not timing. Similarly, with respect to the timing-based distinction, a 
source is a ``new source'' or an ``existing source'' based entirely on 
the timing of its construction or reconstruction and without 
consideration of its actual emissions or PTE. The contrast between the 
temporal distinction in the contrasting definitions of existing and new 
sources on the one hand, and the absence of any temporal dimension to 
the contrasting definitions of major and area sources on the other, is 
further evidence that Congress did not intend to place a temporal 
limitation on a source's ability to be classified as an area source 
(including a source's ability to be classified as an area source 
through the permitting authority's ``considering controls'' that may 
have been imposed after the source was initially classified as major).
    Notwithstanding the independence of the two distinctions that the 
statute created based on amount of emissions and timing (and without 
addressing that independence or otherwise addressing the plain language 
of the statutory definitions of ``major source'' and ``area source''), 
the EPA issued the May 1995 Seitz Memorandum, which set forth the OIAI 
policy. Under the OIAI policy, a source's status as a major source for 
the purpose of applying a specific major source MACT standard issued 
under the requirements of CAA section 112 is unalterably fixed on the 
first substantive compliance date of the specific applicable major 
source requirements. Thus, a source that was a major source on that 
first compliance date would continue to be subject to the major source 
requirements for that specific NESHAP even if the source reduced its 
PTE to below the statutory thresholds in the definition of ``major 
source,'' and, thus, fell within the definition of ``area source.''
    On January 25, 2018, the EPA issued a guidance memorandum titled 
``Reclassification of Major Sources as Area Sources Under Section 112 
of the Clean Air Act,'' signed by William L. Wehrum, Assistant 
Administrator of EPA's Office of Air and Radiation (MM2A Memorandum). 
The MM2A Memorandum discussed the statutory definitions of ``major 
source'' and ``area source'' and explained that the OIAI policy 
articulated in the May 1995 Seitz Memorandum was contrary to the plain 
language of the CAA, and, therefore, must be withdrawn.
    As discussed above, Congress expressly defined the terms ``major 
source'' and ``area source'' in CAA section 112(a) in unambiguous 
language. Nonetheless, under the OIAI policy, a source that reduced its 
PTE to below the statutory thresholds for major source status after the 
relevant compliance date would nevertheless continue to be subject to 
the requirements applicable to major sources. This policy was applied 
notwithstanding that the statutory definitions of ``major source'' and 
``area source'' lack any reference to the compliance date of major 
source requirements or any other text that indicates a time limit for 
changing between major source status and area source status. In short, 
Congress placed no temporal limitations on the determination of whether 
a source emits or has the potential to emit HAP in sufficient quantity 
to be a major source under CAA section 112. Because, the OIAI policy 
imposed such a temporal limitation (before the ``first compliance 
date''), the EPA had no authority for the OIAI policy under the plain 
language of the CAA. Under the plain language of the statute, a major 
source that takes enforceable limits on its PTE to bring its HAP 
emissions below the CAA section 112 major source thresholds, no matter 
when it may choose to do so, becomes an area source under the plain 
language of the statute. We are proposing to make clear in this 
rulemaking that such a source, now having area source status, will not 
be subject to the CAA section 112 requirements applicable to the source 
as a major source under CAA section 112--so long as the source's actual 
and PTE HAP remains below the CAA section 112 thresholds--and will 
instead be subject to any applicable area source requirements.
    A discussion of the statutory definitions of ``new source'' and 
``existing source'' in CAA section 112(a)(4) and (a)(10) further 
demonstrates that the OIAI policy was inconsistent with the language of 
the statute. As discussed above, the major source/area source 
distinction and the new source/existing source distinction are two 
separate and independent features of the statute. Significantly, the 
statutory definitions of ``new source'' and ``existing source'' dictate 
that the new source/existing source distinction is determined by when a 
source commences construction or reconstruction and say nothing about 
the source's volume of emissions. No one can reasonably suggest that 
this silence concerning volume of emissions indicates that Congress 
intended to give the EPA the discretion to conclude that sources should 
be classified as new or existing based, in part, on how much they emit. 
For example, if the EPA were to say that a source is only a new source 
if it both (1) commences construction after regulations are first 
proposed (as stated in CAA section 112(a)(4)), and (2) emits more than 
20 tpy of any single HAP (which is not stated anywhere in the statute), 
that second element would be contrary to the plain language of the 
statute. Similarly, the OIAI policy of considering timing matters as 
part of the major source/area source distinction is contrary to the 
plain language of the statute, because it interjects timing matters 
into the major/area distinction when Congress provided that such 
distinction would be based only on the source's actual and potential 
emissions.
    Some interested parties assert that the EPA's plain language 
reading of the definitions of ``major source'' and ``area source'' is 
contradicted by CAA section 112(i)(3)(A). Specifically, they contend 
that the first phrase in CAA section 112(i)(3)(A) precludes a major 
source from reclassifying to area source status

[[Page 36311]]

after the source has become subject to a major source standard, and 
that this statutory text compels the OIAI policy. The EPA disagrees 
with this contention and is taking comment on the following analysis. 
The first phrase in CAA section 112(i)(3)(A) states: ``After the 
effective date of any emissions standard, limitation or regulation 
promulgated under this section and applicable to a source, no person 
may operate such source in violation of such standard, limitation or 
regulation. . . .'' The EPA reads this phrase to have the same meaning 
as similar ``effective date'' provisions in the CAA, such as CAA 
section 111(e), notwithstanding that CAA section 112(i)(3)(A) has 
somewhat different phrasing. In short, this text simply provides that, 
after the effective date of a CAA section 112 rule, sources to which a 
standard is applicable must comply with that standard. This text is not 
reasonably read to say that, once a standard is applicable to a source, 
that standard continues to be applicable to the source for all time, 
even if the source's potential to emit changes such that it no longer 
meets the applicability criteria for the standard. Such a reading would 
produce some odd results. For example, if the first phrase in CAA 
section 112(i)(3)(A) were read to say that a source's applicable 
requirements are determined at the point in time that a source first 
becomes subject to CAA section 112 requirements, then a source that was 
initially an area source would continue to be subject to area source 
requirements even if that source increased its potential to emit above 
either of the major source thresholds. The EPA's reading is that an 
area source that actually emits or increases its PTE above either of 
the major source thresholds is subject to major source requirements. In 
sum, we are proposing to determine that the CAA section 112 definitions 
of ``major source'' and ``area source'' and the ``effective date'' 
provision in CAA section 112(i)(3)(A) are properly read together to say 
that sources must comply with the applicable requirements corresponding 
to their major source or area source status, and that if this status 
changes, then the source becomes subject to the requirements 
corresponding to its current status.
    Nothing in the structure of the CAA counsels against the plain 
language reading of the statute to allow major sources to become area 
sources after an applicable compliance date in a regulation, in the 
same way that they have long been able to become area sources before 
the applicable compliance date. Congress defined major sources and area 
sources differently and established different provisions applicable for 
each. The OIAI policy, by contrast, created an artificial time limit 
that does not exist on the face of the statute by including a temporal 
limitation on when a major source could become an area source by 
limiting its PTE HAP.
    Some interested parties have pointed to various provisions in CAA 
section 112 in addition to CAA section 112(i)(3)(A) as demonstrating 
that the EPA's plain language reading is contrary to the purposes and 
structure of CAA section 112. The EPA disagrees that these provisions 
are contrary to or inconsistent with EPA's plain language reading, for 
the following reasons.
    First, some interested parties have pointed to CAA sections 
112(c)(3) and (c)(6) as reflecting a Congressional intent for sources 
to be subject to continuous, permanent compliance with major-source 
standards and, thus, these provisions are inconsistent with the EPA's 
plain language reading. But there is no real inconsistency here. Those 
provisions required the EPA to ensure that sources accounting for 90 
percent of the emissions of specific pollutants were listed and 
regulated by November 2000. The premise of the argument based on CAA 
sections 112(c)(3) and (c)(6) is that these provisions do not simply 
require the EPA to list and regulate sufficient source categories to 
meet the 90 percent requirement at a given point in time; rather, they 
require that the EPA's regulations ensure that 90 percent of emissions 
are subject to regulation on an ongoing basis. This is not a reasonable 
reading of what is required by CAA sections 112(c)(3) and (c)(6), as 
demonstrated by the inherent implications of the regulation called for 
in these provision and simple math. Once the sources in the categories 
that represent 90 percent of the emissions addressed in these 
provisions become subject to standards, those sources' emissions will 
decrease and those categories will no longer represent 90 percent of 
all emissions of the pollutants in question. As a hypothetical example, 
if the total emissions of one of the pollutants addressed in CAA 
sections 112(c)(3) and (c)(6) were 100 tpy, and if the source 
categories emitting 90 tpy were subjected to a standard that called for 
a 50 percent reduction in emissions, then those source categories would 
now only be emitting 45 tpy, which would be about 82 percent of the new 
total emissions of 55 tpy. Under the interested parties' reading of CAA 
sections 112(c)(3) and (c)(6), the EPA would then be required to add 
source categories to get back to 90 percent and set standards to reduce 
the emissions of those sources. This would, once again, reduce the 
regulated sources to below 90 percent. In short, this reading of CAA 
sections 112(c)(3) and (c)(6) would create a never-ending cycle of 
listing and regulation in order to achieve an unattainable goal of 
ensuring the 90 percent of emissions are regulated. This is not a 
reasonable reading of what CAA sections 112(c)(3) and (c)(6) require. 
Further, one would expect the number of sources in a source category to 
change over time due to shifts in the economy. For example, one source 
category regulated under CAA section 112 is magnetic tape manufacturing 
operations. See subpart EE, 40 CFR 63.701-63.708. Since this source 
category was first regulated in 1994 (see 59 FR 64596, December 15, 
1994), the use of digital recording and data storage has largely 
replaced the use of magnetic tape, and, thus, the number of sources in 
this source category has declined. As the number of sources in a source 
category declined, the total emissions from the source category would 
decline, which creates another reason why the total group of source 
categories that at one point represented 90 percent of emissions would 
fall to less than 90 percent. Thus, again, a reading that the 90 
percent requirement is an ongoing requirement that must be continuously 
met is not a reasonable reading, because it is not reasonable to think, 
and there is nothing in the statute to suggest, that Congress intended 
the 90 percent requirement to impose on the EPA the need to endlessly 
revisit its 90 percent determination as the implementation of MACT 
standards under CAA section 112 achieved reductions in emissions. For 
these reasons, there is no conflict between the EPA's plain language 
reading of CAA sections 112(a)(1)-(2) and the requirements of CAA 
sections 112(c)(3) and (c)(6).
    Second, opponents of the EPA's plain language reading also point to 
CAA section 112(f)(2) (commonly referred to as the residual risk 
provision) and CAA section 112(d)(6) (commonly referred to as the 
technology review provision). These parties suggest that these 
provisions demonstrate Congress's ``legislative plan'' that sources 
will continually reduce their emissions, and that the EPA's plain 
language reading will allow sources to become area sources and, in so 
doing, undermine this ``legislative plan.'' This argument, however, 
fails to recognize that Congress in CAA section 112 also plainly 
distinguished between major sources emitting above the 10/25

[[Page 36312]]

threshold and area sources emitting below the 10/25 threshold and 
subjected them to different requirements. Perhaps the clearest example 
of the differential treatment of major sources and area sources is the 
provision in CAA section 112(d)(5) allowing the EPA to set GACT 
standards rather than MACT standards for area sources. In short, any 
consideration of Congress' ``legislative plan'' has to look at the 
entire plan, including the plain language that Congress used to define 
major sources and area sources.
    Third, some parties have pointed to the requirements of CAA section 
112(d) as requiring that sources that are at any point subjected to 
major source standards must continue to be subject to major source 
standards permanently and argued that EPA's plain language reading 
undermines the protections provided by these CAA 112 standards. Section 
112(d)--and in particular, section 112(d)(2) and (d)(3) of the CAA--
addresses how the EPA sets MACT standards for major sources (based on 
the maximum degree of emissions reduction the EPA determines is 
achievable, which may be a complete prohibition on emissions). As an 
initial point, sections 112(d)(2) and (d)(3) are not the only 
provisions that govern major source standards, and in some cases, they 
are not the controlling provisions. For example, CAA section 112(h) 
provides that the EPA, in certain circumstances, can set standards that 
are different from the MACT floor-based standards created under CAA 
sections 112(d)(2) and (d)(3). More fundamentally, the question of what 
standard is applicable to major sources in a source category--whether 
MACT floor standards or otherwise--logically cannot control the proper 
reading of the statutory text identifying the pool of sources to which 
major source requirements apply. In short, once again, these contextual 
arguments are misplaced. Congress has spoken by defining ``major 
source'' without any temporal limitation. The EPA's plain language 
reading honors that unambiguous choice.
    Parties opposed to the EPA's plain language reading also suggest 
that the EPA's reading is inconsistent with the purpose and provisions 
of CAA section 112 because it will lead major sources that reclassify 
to area source status to increase their emissions above what they could 
emit if they continued to be major sources. The EPA disagrees that a 
sources' reclassification from major source to area source will 
necessarily lead to an increase in emissions for the source, for the 
following reasons.
    First, as the EPA noted in the MM2A memorandum (at 4) and as 
discussed above in section III.A of this preamble, some stakeholders 
have stated that some sources with emissions above the major source 
thresholds will reduce their emissions below what is required by the 
applicable major sources standards and to below the major source 
thresholds in order to be able to reclassify as area sources. As 
discussed in more detail in section VI of this preamble and in the 
EPA's Emissions Impacts Analysis TSM, the EPA has identified three 
sources that have reclassified, and as a result will decrease their 
emissions. See Emission Impacts Analysis TSM Table 2: (1) City of 
Columbia--Municipal Power Plant (Facility #27 on Table 2); (2) Holland 
Board of Public Works--James DeYoung Generating Station and Wastewater 
Treatment Plant (Facility #28 on Table 2); and (3) MidAmerican Energy 
Company--Riverside Generating Station (Facility #29 on Table 2).
    Second, the EPA's analysis of the 34 sources that have reclassified 
or are in the process of reclassifying since January 2018 based on the 
EPA's plain language reading shows that none of them will increase 
their emissions as a result of reclassification. See section VI of this 
preamble and the EPA's Emissions Impact Analysis TSM at Table 2, 
available in the docket.
    Nonetheless, the EPA recognizes (as discussed below in section IV 
at Table 3) that there are possible scenarios in which major sources 
might increase emissions after they reclassify to area source status. 
However, the EPA does not view such potential emission increase 
scenarios as a basis for disregarding the plain language of Congress's 
``major source'' and ``area source'' definitions and the lack of any 
temporal restriction on sources' opportunity to reclassify. Instead, 
the EPA views such scenarios as a matter that needs to be evaluated and 
addressed in determining how the agency should implement the plain 
language of the statute. Thus, the EPA is seeking comment on (1) to 
what extent will theoretical emission increase scenarios actually 
occur, including (a) what emissions restrictions will be put in place 
as part of the PTE HAP limits that a major source takes to be 
reclassified as an area source and (b) whether other regulatory 
controls are in place and applicable to sources after reclassification 
that will either continue to restrict the source from emitting above 
the major source standard or prevent an emissions increase after 
reclassification; and (2) whether the EPA should adopt regulatory text 
to establish safeguards to prevent emissions increases following 
reclassification (Comment C-3).
    With respect to the second issue (whether the EPA should adopt 
regulatory text to establish safeguards to prevent emissions 
increases), the EPA is seeking comment on what legal basis the agency 
would have for requiring such safeguards (Comment C-4). In addition to 
seeking comment on this question generally, we are seeking comment on 
several specific points.
    First, the EPA is seeking comment on the following rationale for 
separating the timing of reclassification from the sufficiency of the 
PTE limits that support reclassification (Comment C-5). There are two 
related but distinct matters at issue here. The first matter is the 
timing of reclassification: Whether sources can reclassify at any time 
or are permanently classified as major sources after the first 
substantive compliance date. The second matter is what PTE limit is 
sufficient to form the basis for a source to reclassify. One aspect of 
this ``sufficiency'' matter is enforceability, which is discussed below 
in section IV.B of this preamble. Another aspect of ``sufficiency'' is 
whether the PTE limit must, in addition to being enforceable, ensure 
that the source does not increase emissions as a result of 
reclassification. As discussed above, the ``timing'' matter is governed 
by the plain language of the statutory definitions of ``major source'' 
and ``area source.'' The ``sufficiency'' matter is governed by the 
phrasing in the major source definition that directs the EPA to compare 
a source's ``potential to emit considering controls'' to the 10/25 
major source thresholds. The D.C. Circuit has previously looked at a 
``sufficiency'' question and the phrase ``potential to emit considering 
controls.'' Specifically, in NMA v. EPA, 59 F.3d 1351 (D.C. Cir. 1995), 
the Court considered whether a PTE limit had to be federally 
enforceable to be a sufficient basis for reclassification and, as part 
of its analysis, concluded that the phrase ``considering controls'' was 
ambiguous and the EPA's application of those words had to be reviewed 
under a Chevron Step 2 analysis. 59 F.3d at 1362-1363 (concluding that 
the EPA had not explained why a PTE limit had to be federally 
enforceable to be sufficient to support reclassification). Similarly, 
whether a PTE limit that allows a source to increase its emissions as a 
result of reclassification is sufficient to support reclassification 
cannot be determined by the plain language reading of the statute that 
governs the timing of reclassification, but must be considered based on 
the ambiguous phrase ``potential to emit considering

[[Page 36313]]

controls'' and in light of the other provisions in CAA section 112.
    Second, assuming that the above rationale properly frames the 
``sufficiency'' matter as a separate question based on how to 
reasonably read the phrase ``potential to emit considering controls,'' 
the EPA is seeking comment on whether a requirement that PTE limits 
used to reclassify a major source to area source status must include 
safeguards to prevent emissions increases is a reasonable reading of 
the ambiguous phrase ``potential to emit considering controls'' in 
light of the other provisions in CAA section 112 (Comment C-6). For 
example, some interested parties have presented arguments opposing the 
EPA's plain language reading on timing based on CAA section 112(d)--
specifically, that major sources must be subject to MACT floor 
standards that are at least as stringent as what is achieved by the 
best performing sources, as provided under CAA section 112(d)(2) and 
(d)(3). The EPA is seeking comment on whether the arguments presented 
in opposition to EPA's plain language reading on timing are 
appropriately considered on the question of the sufficiency of the PTE 
limit and support the conclusion that PTE limits used to support 
reclassification must not allow sources to increase emissions as a 
result of reclassification (Comment C-7).
    Third, assuming that requiring safeguards against emission 
increases in PTE limits is a reasonable reading of the statute, the EPA 
is seeking comment on what safeguards should be required (Comment C-8). 
Possible safeguards include requiring that: (1) PTE limits include a 
limit of the same type as the major source standard and at least as 
stringent, (2) PTE limits include the requirement that the source 
continue to implement the measures that it is taking to meet the major 
source requirement (i.e., the source must continue to operate the same 
control device and at the same level of effectiveness), or (3) the 
permitting authority determine that the source will implement the same 
measures that are being used to meet major source requirements in order 
to meet the PTE limit--even if such use is not mandated--and thus that 
emissions will not increase.
    Fourth, and finally, the EPA is seeking comment generally on 
whether it is reasonable and appropriate to require safeguards against 
emission increases following reclassification (Comment C-9).
    As discussed above, the EPA reads the plain language of the statute 
to allow reclassification of a source's status from major source to 
area at any time. However, even if the statutory definitions of ``major 
source'' and ``area source'' were to be read as containing an ambiguity 
that would allow an interpretation under which the EPA could set a cut-
off point (as it did in the OIAI policy), the EPA's reading that there 
is no such cut-off point is a reasonable reading of the statute, and 
indeed is the best reading. First, the statutory definitions do not 
specify any particular cut-off point after which Congress said that a 
source's status was fixed. Second, the statutory definitions contain no 
text in which Congress directed or suggested that the EPA create a cut-
off point. Third, even if Congress's silence is read to create an 
ambiguity that the EPA can address by creating a cut-off date for 
fixing a source's status, that is, at most, only a permissible way to 
address such an ambiguity and does not undermine the conclusion that 
the statute can be reasonably read--and indeed is best read--as not 
requiring a cut-off date. In short, even if the statutory text were 
found to contain an ambiguity on the question of a cut-off date for 
setting a source's status, the absence of any cut-off date or cut-off 
language in the statutory definitions enacted by Congress is best read 
as allowing a source to change from a major source to area source or 
vice versa at any time.
    Further, such a reading is consistent with the statutory structure 
and goals of the CAA. In addition to the points discussed above in 
support of the EPA's plain language reading, and as discussed in more 
detail below in sections IV and VI, there are various reasons why a 
major source's reclassification to area source status, in some cases, 
may result in a decrease in HAP emissions rather than an increase in 
that source's HAP emissions. First, when the corresponding regulatory 
authority reviews the application for a new or revised permit that will 
incorporate enforceable limits on a source's PTE of HAP below the major 
source thresholds, the regulatory authority will consider the specifics 
of each source. Among other things, the regulatory authority will 
consider the current and proposed HAP emissions levels, the type of 
limits proposed and whether such limits are legally and practicably 
enforceable, any newly applicable area source NESHAP subparts, and if 
other requirements are needed to ensure that the source complies with 
the CAA. Second, some major sources have undergone facility and 
operational modifications since they became subject to the major source 
NESHAP requirements, and these modifications may prevent the HAP 
emissions from increasing even without the sources remaining subject to 
major source NESHAP requirements (e.g., a source that has eliminated 
the use of HAP binders or coatings from their operations or has 
switched to low-HAP or no-HAP products). Third, as discussed below in 
sections IV and VI, some sources with actual emissions just above one 
or both of the major source thresholds under their current major source 
NESHAP requirements might choose to accept HAP PTE limits that are 
lower than their current emissions and further reduce their emissions 
consistent with the PTE limits in order to achieve area source status 
and reduce their regulatory burden. In those cases, allowing sources to 
reclassify as area sources even after they are subject to major source 
NESHAP requirements can provide an incentive for them to reduce their 
emissions below what is required under the CAA section 112 major source 
requirements.
    The EPA invites interested persons to comment on the EPA's plain 
language reading discussed above. The EPA is interested in specific 
examples of sources that would reclassify consistent with the EPA's 
reading and whether those sources' emissions would increase, decrease, 
or stay the same after reclassification, and in any additional 
information on whether allowing major sources to reclassify as areas 
sources would or would not increase emissions from such sources or lead 
to a reduction in their emissions (Comment C-10). Further, the EPA 
invites comments on whether the Agency's reading is a permissible 
interpretation of the statute even if it is not the only possible 
reading (Comment C-11).

C. Role of the PTE Definition in the Regulation of Major Sources

    Section 112 of the CAA defines a major source not only in terms of 
a source's actual emissions of an air pollutant, but also in terms of 
its potential emissions of an air pollutant or any combination of air 
pollutants. The definition of PTE in the General Provisions of the 
NESHAP regulations interprets the statutory term ``potential to emit'' 
found in the definition of major source of section 112 of the CAA and 
provides a legal mechanism for sources that wish to restrain their 
emissions to avoid triggering major source requirements. 40 CFR part 
63.2 defines ``potential to emit'' to mean the maximum capacity of a 
stationary source to emit a pollutant under its physical and 
operational design. Under the current definition in 40 CFR 63.2, any 
physical or operational limitation

[[Page 36314]]

on the capacity of the stationary source to emit a pollutant, including 
air pollution control equipment and restrictions on hours of operation 
or on the type or amount of material combusted, stored, or processed, 
shall be treated as part of its design if the limitation or the effect 
it would have on emissions is federally enforceable.\9\
---------------------------------------------------------------------------

    \9\ See 40 CFR 63.2 definition of ``federally enforceable'' 
available at https://ecfr.io/Title-40/se40.11.63_12.
---------------------------------------------------------------------------

    Accordingly, a source that has the physical and operational design 
allowing it to potentially emit HAP above the statutorily specified 
thresholds (i.e., 10 tpy or more of an individual HAP, or 25 tpy or 
more of total HAP) is a major source of air pollution unless the source 
limits its maximum capacity to emit HAP under its physical and 
operational design by obtaining restrictions that have the effect of 
limiting the amount of emissions (referred to as ``HAP PTE limits'' or 
``PTE limits'') the source can legally emit. Further, as explained in 
more detail below in section IV.B, to ensure that sources do not 
disregard their PTE limits, the EPA's definition of ``potential to 
emit'' in 40 CFR 63.2 required that limitations on a source's 
operations can only be taken into account in determining PTE if the 
limitation was federally enforceable. In 1995, the United States Court 
of Appeals for the District of Columbia Circuit issued a decision in 
National Mining Association (NMA) v. EPA, 59 F.3d 1351 (D.C. Cir. 
1995), in which it remanded the definition of ``potential to emit'' 
found in 40 CFR 63.2 to the EPA to justify the requirement that 
physical or operational limits be ``federally enforceable.'' The NMA 
Court decision confirmed that the EPA has an obligation to ensure that 
limits considered in determining a source's PTE are effective, but it 
stated that the Agency had not adequately explained how ``federal 
enforceability'' furthered effectiveness. 59 F.3d at 1363-1365. In this 
action, the EPA is proposing specific criteria that HAP PTE limits must 
meet for these limits to be effective in ensuring that a source would 
not emit above the PTE limits. The EPA is proposing to amend the 
definition of ``potential to emit'' in 40 CFR 63.2, accordingly, by 
removing the requirement for federally enforceable PTE limits and 
requiring instead that HAP PTE limits meet the effectiveness criteria 
of being both legally enforceable and practicably enforceable. The EPA 
is also proposing to amend 40 CFR 63.2 to include the definitions of 
``legally enforceable'' and ``practicably enforceable'' as described in 
this proposal. These proposed amendments will facilitate such effective 
HAP PTE limits to be issued by the EPA and by state, local, and tribal 
regulatory agencies. The EPA is taking comment in this proposal on the 
criteria required for effective HAP PTE limits for purposes of 
determining whether a source is a major source under 40 CFR 63.2 and 
whether the EPA's proposed criteria are necessary and sufficient to 
ensure HAP PTE limits are effective to support reclassification of a 
major source to an area source (Comment C-12). In this action, the EPA 
is not proposing to change our approach to any PTE limits other than 
those for HAP for purposes of NESHAP applicability. See section IV.B 
for a discussion on the criteria for effective HAP PTE limits, 
enforceability considerations, and requests for comments on specific 
issues.

D. Issues Not Resolved by the Statute or Existing Regulations

    As discussed in section III.B above, the EPA's read of the 
statutory definitions of ``major source'' and ``area source'' in 
section 112(a) of the CAA is that these are not dependent on timing and 
do not contain any language concerning when a source may change its 
status from major source to area source. The General Provisions section 
of 40 CFR part 63, subpart A, addresses compliance with standards when 
an area source subsequently increases its emissions of HAP such that 
the source becomes a major source subject to requirements established 
under section 112 of the CAA. But these existing regulations do not 
address the issue of compliance time frames for sources that reclassify 
from major source status to area source status. This action proposes to 
amend 40 CFR part 63, subpart A to address the issues not resolved by 
the current General Provisions requirements with regard to the 
reclassification of major sources as area sources under section 112 of 
the CAA and to clarify existing requirements that apply to sources that 
reclassify. This action proposes to amend the General Provisions 
applicability tables contained within most subparts of 40 CFR part 63 
to reflect the proposed amendments to subpart A. See section V.A and 
V.B for proposed amendments to 40 CFR part 63, subpart A, and for 
proposed changes to individual NESHAP General Provisions applicability 
tables.
    In addition to the provisions that the EPA is proposing to amend in 
the 40 CFR part 63 General Provisions, the EPA has identified a number 
of provisions in the 40 CFR part 63 subparts that reflect the 1995 OIAI 
policy by stating the date after which a major source can no longer 
become an area source. In this action, we are proposing to remove these 
provisions because they are contrary to the plain language of the 
statute as discussed above. See section V.C for proposed amendments to 
specific NESHAP subparts.\10\
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    \10\ In the meantime, and unless and until the EPA takes final 
action to remove or revise such provisions, the provisions in part 
63 subparts that reflect the 1995 OIAI policy continue to control 
when major sources subject to those subparts may reclassify to area 
sources status.
---------------------------------------------------------------------------

IV. Considerations for Sources Seeking Reclassification From Major to 
Area Source Status

    As explained above in section III.A, the EPA reads the definitions 
of major source and area source in section 112 of the CAA to impose no 
time constraint for when a major source can be reclassified as an area 
source. Given the statutory definitions, a major source that takes 
enforceable limits \11\ on its PTE HAP can be reclassified as an area 
source at any time.\12\ The decision by a source to be reclassified as 
an area source would be voluntary. We expect that the process for 
reclassification to area source status for HAP will rely on existing 
programs (e.g., minor source programs, title V permitting procedures, 
and/or approved programs for issuing PTE limits under CAA section 
112(l)). It is also possible for state, local, and tribal regulatory 
authorities to develop new programs for issuing HAP PTE limits.
---------------------------------------------------------------------------

    \11\ The concept ``enforceable limits'' incorporates legal 
enforceability and practical enforceability. Throughout this 
proposed rulemaking, we use the term ``enforceable limits'' to mean 
limitations that satisfy both of these criteria.
    \12\ Note, however, that reclassification does not affect a 
source's responsibility to comply with the major source requirements 
prior to the time the source reclassifies. Further, even after a 
source reclassifies from major source to area source, it may be 
subject to requirements under a consent decree or permit that 
obligates it to continue to comply with the major source 
requirements.
---------------------------------------------------------------------------

    After the issuance of the MM2A Memorandum, the EPA received 
questions from stakeholders about the reclassification of sources that 
already emit at levels lower than the major source thresholds but have 
major source NESHAP requirements in their permits because of the OIAI 
policy. Stakeholders also inquired about public notice requirements 
associated with the issuance of enforceable HAP PTE limits. We address 
specific stakeholders' questions regarding permitting and procedural 
steps associated with reclassification in more detail in section IV.B 
and IV.C of this preamble. The following discussion presents some 
general considerations for sources that

[[Page 36315]]

will be seeking reclassification from major source to area source 
status.
    Sources seeking status reclassification from major source to area 
source can generally be grouped in three categories: (1) Existing major 
sources that would need to obtain enforceable limits on their HAP PTE 
that are below major source thresholds; (2) existing sources previously 
classified as major sources for a specific major source NESHAP that 
already have obtained enforceable limits on all their HAP emissions 
such that the source's PTE, as well as actual emissions, are currently 
below major source thresholds for each individual HAP and any 
combination of HAP; and (3) existing sources previously classified as 
major sources for a specific major source NESHAP that are no longer 
physically or operationally able to emit HAP in amounts that exceed the 
major source thresholds (commonly known as true or natural area 
sources).\13\
---------------------------------------------------------------------------

    \13\ See definition of true area in memorandum titled 
``Potential to Emit (PTE) Guidance for Specific Source Categories.'' 
From John S. Seitz, Director, Office of Air Quality Planning and 
Standards, page 2, April 14, 1998.
---------------------------------------------------------------------------

    The third category includes former major sources that no longer 
have the ability to emit at major source levels because they have 
either permanently removed equipment, changed their processes, or for 
other reasons. Pursuant to the plain language of the statute, the 
sources in this third category are area sources because their maximum 
capacity to emit HAP under the physical or operational design is less 
than the thresholds for a major source under CAA section 112(a)(1). 
These true area sources do not rely on such things as State 
Implementation Plan (SIP)-imposed limits or pollution control equipment 
to constrain their emissions. Any source that needs a physical or 
operational limit on its maximum capacity to emit, including 
requirements for the use of air pollution control equipment or 
restrictions on the hours of operations or on the type or amount of 
material combusted, stored, or processed, is not in this third 
category.
    Sources in any of these three categories who are seeking to 
reclassify to area source status will apply to their corresponding 
regulatory authority \14\ and follow the corresponding regulatory 
authority's procedures for reclassifying and, if needed, for obtaining 
enforceable limits on their HAP PTE. A source proposing to reclassify 
to area source status must identify any applicable area source NESHAP 
requirements in its request. Upon submission, the regulatory authority 
will review the source's proposed enforceable limitations and, if 
approved, the regulatory authority will incorporate the enforceable HAP 
PTE limitations and other applicable CAA requirements, such as any 
applicable area source NESHAP requirements, in a revised title V permit 
or a minor source permit. In lieu of an individual permit, a source may 
be eligible for coverage under a general permit or registration program 
under a specific regulatory authority program. Depending on the 
regulatory authority rules for minor source programs, sources that no 
longer have the capacity to emit HAP above the major source thresholds, 
unaided by added controls or operational limitations, may have 
additional options.
---------------------------------------------------------------------------

    \14\ The term regulatory authority is intended to be inclusive 
of the permitting authority or other governmental agency with 
authority to process reclassification requests and issuance of 
legally and practicably enforceable HAP PTE limits.
---------------------------------------------------------------------------

    After a source completes the process to reclassify to area source 
status, the source must comply with any applicable area source NESHAP 
requirements and would no longer be subject to major source NESHAP 
requirements or other major source requirements that were applicable to 
it as a major source under CAA section 112.\15\ A source that 
reclassifies will need to update the information already provided to 
the Administrator per the notification requirements of 40 CFR 63.9(j). 
The permitting programs have procedures in place for processing changes 
to a source's applicable requirements and the ability to coordinate any 
notification required under 40 CFR part 63. See section V.A of this 
preamble for proposed changes to notification requirements of 40 CFR 
63.9(b) and (j).
---------------------------------------------------------------------------

    \15\ A source that reclassifies from major source to area source 
may be subject to major source requirements under a consent decree, 
permit, or other enforceable vehicle that obligates it to continue 
to comply with the major source requirements for a specified amount 
of time. This rule is not intended to affect any of those existing 
obligations. Any changes to those obligations would need to be made 
through the appropriate processes (e.g., modification of the consent 
decree with the Court, or revisions of the permit with the permit 
authority).
---------------------------------------------------------------------------

    Below are some general considerations for sources contemplating 
seeking reclassification from major to area source status. An improved 
understanding of these considerations should serve to alleviate the 
concerns that have been expressed regarding the reclassification of 
major sources as area sources under section 112 of the CAA.

A. PTE Determination Considerations

    The definition of ``major source'' in section 112(a) of the CAA 
includes ``any stationary source or group of sources located within a 
contiguous area and under common control that emits or has the 
potential to emit considering controls [HAP emissions that exceed the 
thresholds].'' Regulatory authorities (i.e., permitting authorities) 
and sources have a long history of evaluating HAP PTE calculations, 
developing HAP PTE limits, and making applicability determinations. 
That said, the HAP PTE calculations and determination are critical 
steps for (1) any source seeking to understand whether it is subject to 
major source requirements and (2) for any source that is seeking to 
cease being subject to major source requirements by reclassifying from 
major source to area source status. Following the issuance of the MM2A 
Memorandum, we received many questions concerning the requirements for 
sources to obtain PTE limits, including requests for clarity regarding 
the minimum requirements that a request for reclassification must meet. 
While this proposed action does not propose any new requirements 
regarding the process for completing a HAP PTE calculation and 
determination for sources seeking reclassification from major to area 
source status, the EPA is requesting comments on whether it would be 
appropriate to include in the General Provisions of 40 CFR part 63 the 
minimum requirements that a major source of HAP must submit to its 
regulatory authority when seeking to obtain HAP PTE limitations to 
reclassify as area sources under section 112 of the CAA (Comment C-13).
    A source seeking to obtain enforceable limits on its HAP PTE to 
below the major source thresholds will follow the established process 
and submit to the regulatory authority any required documentation and 
demonstration. For example, the discussion below presents the 
requirements a source seeking to obtain HAP PTE limits under the 
established regulations for the Federal Minor New Source Review Program 
in Indian Country must follow. 40 CFR 49.158(a)(1) provides that the 
application for a synthetic minor source permit must include the 
following information:
    (1) Identifying information, including name and address (and plant 
name and address if different) and the name and telephone number of the 
plant manager/contact;
    (2) For each regulated New Source Review (NSR) pollutant and/or HAP 
and for all emissions units to be covered by an emissions limitation, 
the following information: (a) The proposed emission limitation and a 
description of its effect on actual emissions or the PTE. Proposed 
emission limitations must

[[Page 36316]]

have a reasonably short averaging period, taking into consideration the 
operation of the source and the methods to be used for demonstrating 
compliance; (b) proposed testing, monitoring, recordkeeping, and 
reporting requirements to be used to demonstrate and assure compliance 
with the proposed limitation; (c) a description of the production 
processes; (d) identification of the emissions units; (e) type and 
quantity of fuels and/or raw materials used; (f) description and 
estimated efficiency of air pollution control equipment under present 
or anticipated operating conditions; (g) estimates of the current 
actual emissions and current PTE, including all calculations for the 
estimates; (h) estimates of the allowable emissions and/or PTE that 
would result from compliance with the proposed limitation, including 
all calculations for the estimates; and
    (3) Any other information specifically requested by the reviewing 
authority.
    As described above, for the Federal Minor New Source Review Program 
in Indian Country, a source seeking to obtain HAP PTE limits, as part 
of its PTE evaluation, will show that it has accounted for emissions of 
all HAP, from all emission points, including fugitive HAP emissions, 
and HAP emissions from insignificant activities ^{16 17} from 
the stationary source or group of sources located within a contiguous 
area and under common control. The source also provides the current and 
proposed HAP emissions levels, the type of limitations or controls 
proposed, and a demonstration that the emission reductions are 
achievable in practice.
---------------------------------------------------------------------------

    \16\ As part of its PTE evaluation, sources must account for 
emissions of all HAP, from all emission points, including fugitive 
HAP emissions. ``. . . An application may not omit information 
needed to determine the applicability of, or to impose, any 
applicable requirement . . .'' See 40 CFR 70.5(c). ``Insignificant 
Activities--Section 70.5(c) allows the Administrator to approve as 
part of a State program a list of insignificant activities which 
need not be included in permit applications. For activities on the 
list, applicants may exclude from part 70 permit applications 
information that is not needed to determine (1) which applicable 
requirements apply, (2) whether the source is in compliance with 
applicable requirements, or (3) whether the source is major.'' See 
``White Paper for Streamlined Development of Part 70 Permit 
Applications.'' From Lydia N. Wegman, Deputy Director, Office of Air 
Quality Planning and Standards, to the EPA Regional Air Division 
Directors. July 10, 1995; https://www.epa.gov/sites/production/files/2015-08/documents/fnlwtppr.pdf.
    \17\ See order granting in part and denying in part petition for 
objection to permit for Hu Honua Bioenergy, at https://www.epa.gov/sites/production/files/2015-08/documents/hu_honua_decision2011.pdf.
---------------------------------------------------------------------------

    While the PTE calculations and supporting evaluation for large and 
complex sources might require data collection and validation and 
accounting for a larger number of emission points, the process is not 
different than what is already required within some source category 
rules \18\ or under the recordkeeping requirements for applicability 
determinations of 40 CFR 63.10(b)(3). In the Federal Minor New Source 
Review Program in Indian Country regulations at 40 CFR 
49.158(a)(2),\19\ the EPA provided a hierarchy of acceptable data and 
methods to determine a source's PTE for a source seeking to obtain a 
synthetic minor source permit, including a synthetic minor permit for 
purposes of 40 CFR part 63. The hierarchy in 40 CFR 49.158(a)(2) 
presents the procedures that are generally acceptable for estimating 
emissions from air pollution sources: (1) Source-specific emission 
tests; (2) mass balance calculations; (3) published, verifiable 
emission factors that are applicable to the source; (4) other 
engineering calculations or (5) other procedures to estimate emissions 
specifically approved by the reviewing authority. We request comment on 
whether the EPA should include in the General Provisions to 40 CFR part 
63 the hierarchy of acceptable data and methods a source seeking 
reclassification would use to determine the source PTE (Comment C-14).
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    \18\ See, as example, 40 CFR part 63, subpart F at 63.100, 
Applicability and designation of source.
    \19\ See 40 CFR part 49 subpart C, Synthetic minor source 
permits under the Federal Indian Country Minor New Source Review 
Rule at 40 CFR 49.158, and Potential to Emit A Guide for Small 
Business. October 1998. US EPA, OAQPS. https://www3.epa.gov/airtoxics/1998sbapptebroc.pdf.
---------------------------------------------------------------------------

    As described above, the best approach uses source specific test 
data (on-site measurements) or continuous emission monitoring system 
(CEMS) data where available. Where these data are not available, the 
next best approach uses a material-balance approach (comparing inputs 
and outputs). Where these data are not available, the next best 
approach uses source-specific models (based on information about the 
source's operations). Finally, where these data are not available, the 
approach uses emission factors (based on industry-average emission 
rates).\20\ The responsibility for using the best data available in 
preparing the source's PTE calculations and analyses is with the owner 
and operator of a source. The data should be accurate and 
representative of the source's emissions. A source's efforts to be 
reclassified from major source to area source may be unsuccessful if it 
does not use the best data.
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    \20\ ``Use of emission factors as source-specific permit limits 
and/or as emission regulation compliance determinations are not 
recommended by the EPA. Because emission factors essentially 
represent an average of a range of emission rates, approximately 
half of the subject sources will have emission rates greater than 
the emission factor and the other half will have emission rates less 
than the emission factor. As such, a permit limit using an AP-42 
emission factor would result in half of the sources being in 
noncompliance. See ``Compilation of Air Pollutant Emission Factors, 
Introduction,'' January 1995.
---------------------------------------------------------------------------

    The EPA requests comments on whether adding the same or similar 
requirements that are now in 40 CFR 49.158(a)(1) to 40 CFR 63.10 would 
be appropriate to create the minimum requirements that a major source 
of HAP must submit to its regulatory authority when seeking to obtain 
PTE HAP limitations to reclassify as area sources under section 112 of 
the CAA (Comment C-15). We also request comments on whether the EPA 
should also include the hierarchy of acceptable data and methods a 
source seeking reclassification would use to determine the source PTE. 
This hierarchy could be the same or similar to the one provided in 40 
CFR 49.158(a)(2) (Comment C-16).
    In response to the 2007 proposal, the EPA received multiple 
comments regarding sources that have reduced their HAP emissions to 
below major source thresholds because of the implementation of major 
source NESHAP requirements. Some stakeholders were concerned that if 
these sources were to reclassify to area source status and were no 
longer subject to major source NESHAP requirements, they could stop 
using the emission controls or emission reduction practices implemented 
for major source NESHAP compliance or no longer maintain the same level 
of control as before.\21\ This concern was also raised by stakeholders 
after the issuance of the MM2A Memorandum. A source seeking 
reclassification because it has reduced its HAP emissions to below the 
major source thresholds through use of control devices or emission 
reduction practices implemented for compliance with major source NESHAP 
requirements will need to demonstrate to the regulatory authority 
issuing the HAP PTE limits, the degree to which the control devices and 
emission reduction practices are needed to restrict the source's PTE. 
If the source relies on its existing control devices and/or emission 
reduction practices to limit its HAP PTE below the major source 
thresholds, under the proposed effectiveness criteria, the use of the 
control devices and/or emission

[[Page 36317]]

reduction practices must be made legally and practicably enforceable in 
the absence of the applicability of the major source NESHAP 
requirements. Alternatively, if a source intends not to retain the 
control device equipment or emission reduction practices used to comply 
with a previously applicable major source NESHAP requirement, the 
source must demonstrate that other limits exist or can be imposed that 
will restrict the source's maximum capacity to emit HAP, and that these 
limits are or can be made legally and practicably enforceable to ensure 
that the source will not emit HAP at or above the major source 
thresholds. A blanket emissions limit on HAP generally (e.g., no more 
than 10 tpy of an individual HAP or no more than 25 tpy of total HAP) 
is not sufficient as it fails to meet the practicably enforceable 
criteria of being a technically accurate limitation of short duration 
with adequate monitoring (i.e., there is no monitoring method for 
``HAP'' in the aggregate).\22\ See section IV.B of this preamble, 
Criteria for Effective HAP PTE Limits, for a full discussion of 
proposed criteria for effective HAP PTE limits.
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    \21\ These stakeholders are concerned that these sources could 
increase their emissions to just below the major source thresholds 
of 10/25 tpy of HAP. See section IV for a discussion of the 
assessment of potential emission changes from the reclassification 
of major sources as area sources.
    \22\ There is substantial body of EPA guidance and 
administrative decisions relating to PTE and PTE limits. E.g., see 
generally, Terrell E. Hunt and John S. Seitz, ``Limiting Potential 
to Emit in New Source Permitting'' (June 13, 1989); John S. Seitz, 
``Options for Limiting the Potential to Emit (PTE) of a Stationary 
Source Under Section 112 and Title V of the Clean Air Act'' (January 
25, 1995); Kathie Stein, ``Guidance on Enforceability Requirements 
for Limiting Potential to Emit through SIP and Sec.  112 Rules and 
General Permits'' (January 25, 1995); John Seitz and Robert Van 
Heuvelen, ``Release of Interim Policy on Federal Enforceability of 
Limitations on Potential to Emit'' (January 22, 1996); ``In the 
Matter of Orange Recycling and Ethanol Production Facility, Pencor-
Masada Oxynol, LLC,'' Order on Petition No. II-2001-05 (April 8, 
2002) at 4-7.
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B. Criteria for Effective HAP PTE Limits

    In this action, the EPA is proposing that a major source that 
reduces its PTE HAP emissions to below the major source thresholds by 
taking HAP PTE limits that meet the proposed criteria for effective PTE 
limits may request and, upon approval, be reclassified to area source 
status. In the past, the EPA concluded that federal enforceability was 
required for the effectiveness of PTE limits; \23\ hence, the 
requirement is in the current regulations for the HAP programs (see PTE 
definition in 40 CFR 63.2). Since the issuance of the MM2A Memorandum, 
stakeholders have raised the question of whether HAP PTE limitations 
still need to be federally enforceable. By proposing to establish 
criteria for effective HAP PTE limits in this action, we will respond 
to this question from stakeholders.
---------------------------------------------------------------------------

    \23\ The EPA concluded that Federal enforceability was required 
for issuing effective PTE limits in a June 28, 1989, rule that 
amended the Federal enforceability requirement and created federally 
enforceable operating permits. See 54 FR 27274.
---------------------------------------------------------------------------

    In the context of HAP PTE limits, the term federally enforceable 
under 40 CFR 63.2, refers to the legal authority granted under the CAA 
(i.e., under section 113 and section 304(a) of the statute) to the EPA 
Administrator and citizens to enforce in Federal court all limitations 
and conditions that implement requirements under the CAA (e.g., issued 
under an approved program under section 112(l) of the CAA or a SIP or 
another statute administered by the EPA.). Given that sources that rely 
on state or local PTE limitations cease to be subject to major source 
CAA requirements, in the past the EPA concluded that these PTE 
limitations must be federally enforceable \24\ to be consistent with 
the enforcement structure of the CAA. The EPA also linked effectiveness 
of PTE limits to programs that followed the EPA's specific procedures 
for issuance of PTE limits (e.g., program requirements and 
implementation).\25\ To recognize the state or local PTE limitations as 
federally enforceable, the EPA then imposed various administrative 
requirements on SIP programs issuing limitations.\26\ These program 
requirements specified procedures, meant to ensure that a source's PTE 
limitations included in a permit have the intended effect of reducing 
the amount of emissions, and that sources could not disregard their PTE 
limits without enforcement consequences. For implementing the air 
toxics program under CAA section 112, the EPA adopted the SIP federal 
enforceability framework for PTE limits. The original 40 CFR part 63 
General Provisions preamble explains that federal enforceability was 
required: (1) To confirm that PTE HAP limits were included as part of 
the source's physical and operational design, and that any claimed 
limitations will be observed; (2) to ensure that a permitting authority 
had strong enforcement capability and the legal and practical means to 
make sure that such commitments are carried out; and (3) to support the 
goal of the CAA to enforce all relevant features of the air toxics 
program.\27\ Following litigation on the 40 CFR part 63 General 
Provisions, on July 21, 1995, the Court issued a decision in National 
Mining Association v. EPA (59 F. 3d 1351 (D.C. Cir. 1995)), in which, 
after examining the question of whether HAP PTE limits must be 
federally enforceable, it remanded, but did not vacate, the definition 
of ``potential to emit'' found in 40 CFR 63.2. The Court found that the 
EPA had not adequately explained why only federally enforceable 
measures should be considered as effective limits on a source's HAP 
PTE.
---------------------------------------------------------------------------

    \24\ See 54 FR 27274 (June 28, 1989).
    \25\ In the past, the EPA held the view that it could be certain 
that only programs reviewed and approved by the EPA had adequate 
procedures for issuance of effective PTE limits.
    \26\ Id.
    \27\ See, National Emission Standards for Hazardous Air 
Pollutants for Source Categories: General Provisions. March 16, 
1994. 59 FR 12430.
---------------------------------------------------------------------------

    After the NMA decision, the EPA extended a pre-existing policy 
allowing the use of non-federally enforceable limits (e.g., state-only 
enforceable limits) for limiting PTE provided those limits are legally 
enforceable and practicably enforceable.\28\ Also, on March 23, 2001, 
the EPA added recordkeeping requirements for applicability 
determinations for sources with a maximum capacity to emit HAP in 
amounts greater than major source thresholds but with PTE limits to 
avoid applicability of a standard. See 40 CFR 63.10(b)(3).\29\ At that 
time, the EPA also confirmed that until the rules are clarified to 
address various PTE issues, consistent with the NMA Court decision, any 
determination of HAP PTE under 40 CFR 63.2 should consider the 
regulations and also take into consideration the EPA transition policy 
guidance memoranda. 66 FR 16342 (March 23, 2001).
---------------------------------------------------------------------------

    \28\ See memorandum, ``Third Extension of January 25, 1995 
Potential to Emit Transition Policy'' from John S. Seitz and Eric V. 
Schaeffer, to Regional Offices, December 20, 1999. Also, see 
memorandum, ``Options for Limiting the Potential to Emit (PTE) of a 
Stationary Source Under Section 112 and Title V of the Clean Air 
Act,'' from John S. Seitz and Robert I. Van Heuvelen, to Regional 
offices, January 25, 1995; and ``Extension of January 25, 1995, 
Potential to Emit Transition Policy,'' from John S. Seitz and Robert 
I. Van Heuvelen, to Regional offices, August 27, 1997.
    \29\ These requirements became final April 5, 2002. See 67 FR 
16582, also, 66 FR 16342 (March 23, 2001).
---------------------------------------------------------------------------

    Our experience shows that while many states have programs for 
issuing HAP PTE limits that have been reviewed by the EPA and have 
become federally enforceable through the EPA's approval (e.g., CAA 
section 112(l)/40 CFR 63.91 programs to limit HAP PTE, federally 
enforceable state operating permit (FESOP), or title V permitting 
programs), many state and local agencies also implement programs that 
have the proper legal authority but are not subject to the EPA's review 
either because these programs reflect state-only initiatives or are not 
otherwise required under other CAA provisions (e.g., state permitting 
programs for air toxics). These state-only or local-only programs are 
implemented in

[[Page 36318]]

coordination with federally approved programs and share infrastructure 
and resources, as well as program management and personnel, and create 
HAP PTE limits that are structurally similar to their federally 
enforceable counterparts. In sum, for purposes of determining HAP PTE 
under 40 CFR 63.2, the EPA's PTE definition and current policies make 
clear that an enforceability requirement remains in place until we 
finalize a rule addressing the remand, but that HAP PTE limits that are 
both (1) legally enforceable (that is, either federally enforceable or 
legally enforceable by a state, local, or tribal authority) and (2) 
practicably enforceable are allowed in the interim as effective limits 
restraining emissions.
    Consistent with the Court's decision in NMA, the EPA views 
``effectiveness'' as both a foundation and a constraint on the EPA's 
discretion in defining PTE under 40 CFR 63.2. As a foundation, 
effectiveness is a minimum element of limitations on a source's HAP 
PTE, and the EPA has an obligation to ensure that limits considered in 
determining a source's HAP PTE are effective. 59 F.3d at 1362. As a 
constraint, promoting effectiveness must be the purpose for any 
conditions the EPA would require before considering a limit valid for 
HAP PTE purposes, and the Court indicated it would not uphold 
requirements that were extraneous to that goal. Id. at 1364-65. In NMA 
the Court concluded that the EPA had not explained why the federal 
enforceability requirement was necessary to ensure the 
``effectiveness'' the Court viewed as essential. For example, the Court 
expressed concern that the EPA has ``proposed conditions for achieving 
`federal enforceability' that go beyond the mere effectiveness of a 
particular constraint as a practical matter.'' Id. at 1363. Although it 
is clear from this that effectiveness as a practical matter must be 
preserved in some way, the Court was not convinced that federal 
enforceability was necessarily a prerequisite to ``effectiveness.'' The 
discussion below presents the criteria the EPA is proposing as 
necessary for HAP PTE limits to be ``effective'' in ensuring that a 
source does not emit HAP above the legally enforceable PTE level. The 
EPA views these proposed criteria as sufficient to effectively 
constrain a source's emissions for purposes of calculating HAP PTE 
under section 112 of the CAA and, if met, support reclassification of 
major sources as area sources under CAA section 112. The EPA requests 
comments on the proposed effectiveness criteria and whether these 
criteria are sufficient to support reclassification (Comment C-17). At 
the same time, the EPA invites comments on whether there are additional 
criteria that must be included to ensure that HAP PTE limits are 
effective (Comment C-18). The Agency's overarching goal in proposing 
these criteria is to achieve a clear and simple implementation process 
to motivate area sources to maintain reduced HAP emissions and ensure 
that sources of HAP comply with CAA requirements. Avoiding unreasonable 
burden on industry or states is also an important objective under this 
goal.
    The EPA is proposing that to be effective, HAP PTE limits must meet 
the criteria of legal enforceability and practical enforceability as 
explained below. We request comments on these proposed effectiveness 
criteria and the elements discussed below (Comment C-19). The EPA is 
also requesting comments on whether there are other criteria that 
should be required for ensuring effectiveness of HAP PTE limits, 
including whether public notice and comment procedures should be part 
of the required effectiveness criteria (Comment C-20). At the end of 
this section, we discuss some considerations regarding the issuance of 
HAP PTE limits and public notice and comment procedures. In this 
action, the EPA is not proposing to change our approach to establishing 
PTE limits other than those used for CAA section 112 NESHAP 
applicability.
1. Legal Enforceability
    The EPA proposes that to be effective, HAP PTE limits must be 
legally enforceable. The legal enforceability of a HAP PTE limit is 
composed of two parts: (a) The authority to establish the HAP PTE 
limits and (b) the authority to enforce the HAP PTE limits. Each of 
these parts is discussed below.
a. Authority To Establish the Limits
    To be effective, HAP PTE limits must be required by law and legally 
binding on the source. To that end, the first aspect of the legally 
enforceable criterion for effective HAP PTE limits must address the 
adequacy of the legal authority to issue the PTE limits. This first 
aspect of legal enforceability ensures that the HAP PTE limits are 
issued under governmental regulatory authority and are not merely 
voluntary. Accordingly, we propose that to be effective, HAP PTE limits 
must identify the legal authority under which the HAP PTE limits are 
being issued. The proper identification of legal authority ensures that 
the issued HAP PTE limits are required by law and legally binding on 
the source and not merely voluntary. The EPA is requesting comments 
both on the appropriateness of this requirement and on whether there 
are other considerations that warrant being part of the criterion of 
legal authority to issue HAP PTE limits (Comment C-21).
b. Legal Authority To Enforce the PTE Limits
    The second aspect of legal enforceability for effective HAP PTE 
limits refers to the legal authority to enforce the limits. A PTE limit 
may appear to be effective in every technical sense yet fail to be 
effective if no governmental authority has sufficient legal authority 
to enforce against violations of the limit once issued. There is a 
benefit to compliance oversight by a governmental entity that has the 
expertise in air pollution control and requisite authority to enforce a 
PTE limit. The EPA proposes that for HAP PTE limits to be effective, 
the regulatory authority issuing the limits must also have the 
authority to enforce the limits. The EPA recognizes that to be 
effective, PTE limits must carry with them a credible risk for 
enforcement if they are violated, that sources be on notice of their 
legal obligation to comply, and that sources are cognizant of the 
consequences of non-compliance. As part of that, the EPA is taking 
comment on whether state-only or local-only enforcement authority alone 
is sufficient to impose a credible risk of enforcement and, therefore, 
ensure compliance with the HAP PTE limits or whether to be effective, 
the EPA and/or citizens through the enforcement authorities in the CAA 
must also have the authority to enforce the HAP PTE limits that are 
being used to avoid a Federal requirement (Comment C-22). In addition, 
we request comments on whether enforceability of a PTE limit by the EPA 
and/or citizens reduces the implementation burden for all parties and 
provides a level of compliance incentive unmatched by enforcement by 
only a state or local authority that warrants it to be part of the 
effectiveness criteria (Comment C-23).
2. Practical Enforceability
    The second criterion for effective HAP PTE limits is that the 
limits must be enforceable as a practical matter, i.e., practicably 
enforceable. The EPA proposes that to be practicably enforceable, HAP 
PTE limits must be written so that it is possible to readily verify 
compliance and to document violations when enforcement action is 
necessary. We are proposing that to meet this criterion, PTE limits 
must specify: (1) A technically accurate limitation and identify the 
portions of the source subject to the limitation; (2)

[[Page 36319]]

the time period for the limitation (hourly, daily, monthly, and annual 
limits such as 12-month rolling limits); and (3) the method to 
determine compliance, including appropriate monitoring, recordkeeping, 
and reporting (MRR).\30\ Below, the EPA presents specific guidance 
regarding MRR requirements, as well as a discussion of technically 
accurate limitations so that HAP PTE limits will be compliant with the 
proposed criteria of being practicably enforceable.
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    \30\ See discussion of principles of enforceability in 
Attachment 4 of the January 25, 1995, EPA Memorandum, ``Options for 
Limiting the Potential to Emit (PTE) of a Stationary Source Under 
Section 112 and Title V of the Clean Air Act.'' See, also, e.g., 
https://www.epa.gov/sites/production/files/2015-08/documents/masada_decision2000.pdf at page 9.
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a. Technically Accurate Limits That Identify the Portions of the Source 
Subject to the Limitations
    A technically accurate limit is one that accounts for each 
emissions unit contributing to the maximum capacity of the source to 
emit HAP and must be based on the physical and operational design of 
the emission units. A technically accurate limit is also one that is 
capable of being monitored, regardless of whether the monitoring is 
accomplished by means of monitoring individual units or monitoring a 
common point for multiple sources. For example, a blanket emission 
limit on a single HAP or on total HAP (e.g., no more than 10 tpy of an 
individual HAP or no more than 25 tpy of total HAP) is not technically 
accurate because it does not contain any analysis on the physical or 
operational design of the emission unit or units under consideration. 
Such a blanket emission limit is also not generally capable of being 
monitored as there is no emission testing techniques for ``HAP'' in 
general. In the case of monitoring usage of materials, a limit on the 
HAP emissions must be based in the formulations of the materials used 
and the specific HAP content, even if a limit eventually taken to avoid 
a major source classification is a limit on the collection of specific 
HAP used at the facility. If a single pollutant or class of pollutants 
is used as a surrogate for HAP emissions from a source, this 
correlation needs to be provided to the regulatory authority reviewing 
the limits, and not just assumed by the source through use of a 
monitoring technique, such as a total hydrocarbons CEMS for volatile 
organic compounds (VOC).
b. Time Periods for Limitations
    The time periods for the limitations will depend on the type of 
limits proposed. Limits ``should be as short term as possible and 
should generally not exceed one month.'' \31\ However, a limit longer 
than 1 month may be appropriate if it is a rolling limit for sources 
with ``substantial or unpredictable annual variations in production,'' 
not exceeding an annual limit rolled on a monthly basis. In other 
words, although the emissions may be totaled for a 12-month period, 
they should be measured and ``checked'' more frequently to ensure the 
source is maintaining compliance. Typically, with longer term periods, 
the emissions for the shorter-term period are ``rolled'' with those in 
the previous periods to get the total for the longer compliance period. 
For example, a 365-day rolling limit requires a source to calculate its 
emissions and/or operational parameters relevant to any operational 
restriction, daily, and then add that total to the totals for the 
previous 364 days to determine whether the source is in compliance. 
When a control device or other ongoing operating parameter limits, 
which indirectly indicate emissions, are required for meeting the PTE 
limit, much shorter time periods are necessary. These may include 
limits such as the minimum operating temperature of a thermal oxidizer 
measured hourly, where this shorter period is necessary in order to 
ensure the proper operation of the control device. These shorter limits 
may be either block or rolling averages as appropriate.
---------------------------------------------------------------------------

    \31\ ``Guidance on Limiting Potential to Emit in New Source 
Permitting,'' available at https://www.epa.gov/sites/production/files/2015-08/documents/lmitpotl.pdf. See also ``Time Frames for 
Determining Applicability for New Source Review,'' March 13, 1986; 
``Clarification of New Source Review Policy on Averaging Times for 
Production Limitations,'' April 8, 1987; ``Use of Long Term Rolling 
Averages to Limit Potential to Emit,'' February 24, 1992.
---------------------------------------------------------------------------

    Also, time periods should be frequent enough to allow a source to 
rapidly identify periods of deviation and bring operations back into 
normal operating conditions expeditiously. Periods longer than once per 
day may be appropriate if the limits do not consider the use of a 
control device. For restrictions on content or usage of raw materials, 
coatings, or fuels, the EPA recommends a frequency of record (i.e., 
certified product data sheets traceable to EPA or American Society for 
Testing and Materials (ASTM) methods or formulation data, or fossil 
fuel analytical data reports traceable to EPA or ASTM methods) 
collection of once per batch of material used or for each separate 
delivery of material or fuel, as appropriate. This frequency is 
consistent with procedures specified in several EPA regulations (e.g., 
40 CFR part 63, subpart NNNN, NESHAP: Surface Coating of Large 
Appliances, 40 CFR part 63, subpart OOOO, NESHAP: Printing, Coating, 
and Dyeing of Fabrics and Other Textiles, and 40 CFR part 63, subpart 
RRRR, NESHAP: Surface Coating of Metal Furniture), the General 
Provisions to both 40 CFR parts 60 and 63, and 40 CFR part 75. For 
other types of limitations, such as restrictions on operating hours, 
conduct of certain work practices, fugitive emissions control measures, 
and equipment integrity inspections, unless circumstances justify 
otherwise, a limit frequency of once per week or once per operating 
period (if operated less frequently than weekly) is appropriate and may 
be justified, but should not be assumed.
c. MRR Requirements
    MRR requirements are necessary components of the proposed 
practicably enforceable criterion for effective PTE HAP limits. MRR 
requirements prescribe the collection of data necessary to verify that 
the requirements and conditions that are part of the PTE limits are 
checked at the frequency needed to avoid deviations, and, thus, they 
are crucial to compliance and providing transparency and accountability 
to the public as well as enabling the EPA and other state, local, and 
tribal regulatory agencies to determine whether emissions remain below 
the PTE limits and the major source thresholds. The MRR requirements 
associated with the HAP PTE limits enable the EPA to carry out the 
provisions of CAA section 112 to ensure that sources are complying with 
the appropriate requirements with respect to HAP emissions. Appropriate 
MRR requirements are dependent on site-specific variables such as the 
nature of the facility and the type of control device(s) installed at 
that facility. To meet the proposed criterion of being practicably 
enforceable a HAP PTE limit must provide for the collecting, 
maintaining, and reporting of the information necessary to determine 
the emissions of each HAP, which is necessary to determine whether the 
source's emissions are compliant with the source's PTE limits, as well 
as compliance with any other requirements that are part of the PTE 
limit (such as operating parameters). Appropriate MRR requirements 
serve to assure that the source is continuously complying with HAP PTE 
limits and any associated requirements as required by the CAA, as well 
as to identify when a source is not in compliance in a timely fashion 
so as

[[Page 36320]]

to avoid long periods of non-compliance.
    If monitoring is proposed from a common point for various units, it 
should accurately evaluate emissions from all of the individual sources 
covered by the monitoring (e.g., monitoring the mercury content of a 
fuel at a common header instead of at each of the individual emissions 
sources or monitoring at a common stack for multiple operating units). 
In practice, monitoring for a surrogate (e.g., particulate matter (PM)) 
can adequately estimate or provide the actual emissions for a group of 
HAP at the unit, provided there exists a validated relationship between 
the surrogate and the HAP emissions (e.g., emissions of HAP metals may 
be controlled as PM by a baghouse and continuously monitored through 
bag leak detectors and pressure drop measurement; this requires a 
validated relationship between PM emissions and the HAP metals 
emissions as well as the relationship between the baghouse operating 
parameters and the PM emissions). The monitoring requirements for a HAP 
PTE limit must be developed to ensure that compliance with the limit 
can be monitored on a pollutant-by-pollutant basis (including 
surrogacy, if applicable); they must cover every emissions source 
included in the limit, describe the emissions unit covered, and the 
level of accuracy needed for verifying the restriction(s) considered 
such that the monitored parameter can be certain of demonstrating 
ongoing compliance with the PTE limits. Depending on the situation, 
appropriate monitoring may consist of one or more of the following: 
collecting data on operational parameters that are used to monitor 
emissions; CEMS or CEMS-based methods; data collection and calculations 
for mass balance determinations; and continuous monitoring of operating 
parameters on a control device or process performance parameters 
correlated with actual emissions and used with calculations of 
emissions, including appropriate adjustments for control devices or 
process out-of-control periods. To determine whether a given set of 
monitoring requirements is appropriate, one should consider the 
following aspects of the monitoring: The parameter and its measurement 
approach; the operating range; and the performance criteria, including 
the representativeness of the data collected, an operational status 
check, quality assurance and control practices, frequency of data 
collection, data collection procedures, and averaging period.\32\ It is 
important to identify and select these aspects of the monitoring to 
assure the emissions control measures employed are properly operated 
and maintained, and do not deteriorate to the point that the source's 
emissions fail to be in compliance with the applicable PTE limit. We 
request comments on the inclusion of the specific considerations for 
monitoring, discussed above in the General Provisions of 40 CFR part 63 
proposed regulatory text defining practicably enforceable (Comment C-
24).
---------------------------------------------------------------------------

    \32\ See Table 1 of the Compliance Assurance Monitoring (CAM) 
Technical Guidance Document, available at https://www.epa.gov/sites/production/files/2016-05/documents/cam-tgd.pdf.
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    Selection of the parameter and the measurement approach, as well as 
the operating range, are all dependent directly upon site-specific 
criteria including the nature of the source, any control devices 
present, and other site-specific criteria. The EPA has provided 
guidance and requirements for performance criteria, including the 
representativeness of the data collected, an operational status check, 
and quality assurance and control practices within the CAM Technical 
Guidance Document and the Performance Specifications and ongoing 
quality assurance procedures for continuous emissions monitoring 
systems and continuous opacity monitoring systems (COMS) in 40 CFR part 
60, appendixes B and F. Though the CAM rule is not applicable to the 
emissions units covered in this proposed rulemaking, the general 
principles of representativeness and quality assurance and control 
presented in the guidance are still relevant.
    Good recordkeeping requirements document the facility's compliance 
with the PTE limits on an ongoing basis. These records may consist of 
many types (e.g., CEMS data, coating HAP content and usage rates, 
documentation that required work practices are being followed, or 
continuous parameter monitoring system data) and must include all the 
variables in each of the PTE calculations needed to determine if the 
source is emitting at less than the PTE limits. Good recordkeeping 
requirements at a minimum correspond to the time period of the 
limitation required by the enforceable conditions (e.g., 3-hour average 
temperature) and require periodic determinations of compliance with the 
area source designation. Records should also be readily accessible for 
review by the relevant regulatory authority.
    Good periodic reporting requirements must provide sufficient 
information to demonstrate to the regulatory authority that the PTE 
limits are being met on an ongoing basis (e.g., periodic summary 
reports, exception reports, and deviation reports provide 
contemporaneous information about the source's compliance status) and 
that emissions remain below the major source threshold, similar to 
those of the periodic excess emissions and continuous monitoring system 
performance report and summary report of 40 CFR 63.10(e)(3).
    Many stakeholders have raised concerns that, without proper MRR 
requirements, an owner or operator using add-on emission controls to 
reduce and maintain HAP emissions at area source levels may dial down 
the use or cease the proper maintenance regime of those emission 
controls, and, thus, increase emissions above the HAP PTE limit. Other 
stakeholders have asked for clarification on the type of monitoring 
that is adequate for demonstrating compliance with a HAP PTE limit 
designed to keep HAP emissions below the applicable major source 
thresholds.
    While it is possible for any control device to be operated in a 
manner reducing its effectiveness, such as neglecting to perform 
required maintenance or reducing the operating temperature of a thermal 
oxidizer, the EPA has no reason to believe, and does not anticipate, 
that, as a result of this rulemaking, facility owners or operators will 
cease to properly operate their control devices where the operation of 
the control is needed to restrict the PTE and appropriate MRR are 
established as enforceable conditions.^{33 34} In any event, 
the incorporation of appropriate MRR requirements as enforceable 
conditions should assure that sources continue to operate the required 
control devices correctly. For example, where the control device is 
required to maintain the emissions of HAP below the PTE limits and the 
major source thresholds, for the PTE limits to be enforceable, the MRR 
requirements need to be sufficient to assess the effectiveness of the 
control device on emissions on an ongoing basis (such as hourly or 
shift measurements of operating parameters for the control device that 
demonstrate it is operating as designed for the specified daily control 
efficiency limit). For a facility which no longer requires the use of a 
control device to remain below the

[[Page 36321]]

major source thresholds, the regulatory authority will determine what 
alternative MRR are needed (along with revised PTE limits, if 
necessary) to continue ensuring the source will not exceed the major 
source thresholds (e.g., a coatings operation that has reformulated to 
remove HAP from its coatings and no longer requires a thermal oxidizer 
to control HAP emissions to meet a PTE limit of 98-percent destruction 
does not need to have MRR on the thermal oxidizer temperature if 
reducing HAP emissions was the only purpose of the thermal oxidizer but 
may now need a PTE limit and require MRR on the content of the 
coatings). As another example, if the coating operation had instead 
reformulated their materials such that a specific HAP is eliminated, 
then appropriate monitoring may simply consist of the ongoing 
documentation of the remaining HAP content of the materials that 
corresponds to a new PTE limit based on the remaining HAP in the 
materials used. We solicit comment on whether, as a result of this 
rulemaking, facility owners or operators of sources that reclassify 
will cease to properly operate their control devices where the 
operation of the control device is needed to restrict the PTE and 
appropriate MRR are established as enforceable conditions (Comment C-
25).
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    \33\ See discussion of specific technically accurate limits in 
Attachment 4 of the January 25, 1995, EPA memorandum, ``Options for 
Limiting the Potential to Emit (PTE) of a Stationary Source Under 
Section 112 and Title V of the Clean Air Act.'')
    \34\ See analysis of reclassifications in the EPA's Emission 
Impact Analysis Technical Support Memorandum available in the 
docket.
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    As discussed above, MRR requirements are components of the proposed 
practicably enforceable criterion for effective HAP PTE limits. The MRR 
requirements ensure that a source complies with its PTE limits and does 
not emit HAP in major source amounts. As described above in this 
section, the MRR requirements associated with HAP PTE limits are source 
specific and will be determined on a case-by-case basis by the 
regulatory authority issuing the HAP PTE limits. Appropriate MRR 
requirements serve to assure that the established enforceable PTE 
limits are being met, to meet the ongoing compliance requirement in the 
CAA, and to identify for the facility when violations exist in order to 
return to compliance as quickly as possible.
    In sum, the EPA proposes that HAP PTE limits that meet the legally 
and practicably enforceable criteria explained above are effective HAP 
PTE limits and are necessary and sufficient to support the 
reclassification of major sources as area sources under section 112 of 
the CAA. We request comments on the proposed criteria and the elements 
of effective HAP PTE limits as discussed above (Comment C-26). The EPA 
is also proposing that legally and practicably enforceable HAP PTE 
limits issued under state and local regulatory agencies' rules would be 
considered effective HAP PTE limitations even if those HAP PTE limits 
are not federally enforceable. As a result of this proposed 
determination, the EPA is proposing to amend the PTE definition in 40 
CFR 63.2 to require HAP PTE limits to meet the criteria of being 
legally and practicably enforceable as discussed above. The EPA is also 
proposing to include in 40 CFR 63.2 the definitions of legally 
enforceable and practicably enforceable as described above. At the same 
time, the EPA invites comments on whether there are additional criteria 
that must be included to ensure that HAP PTE limits are effective and 
have practical utility (Comment C-27).
    In particular, the EPA request comment on whether to be effective, 
HAP PTE limits need to undergo public notice and comment procedures 
(Comment C-28) and whether HAP PTE limits can be properly and legally 
established if the limits do not go through public notice and comment 
procedures (Comment C-29). After the issuance of the MM2A Memorandum, 
sources and permitting authorities asked about public notice and 
comment requirements for issuing enforceable PTE HAP limits for sources 
seeking reclassification. The underlying concerns can relate to the 
processing time involved and overall burden for certain situations, and 
confusion about what is required for issuing HAP PTE limitations.\35\ 
State and local regulatory agencies implement public notice and comment 
procedures for state, local, and tribal programs as required under 
state and/or local regulations and statutes. The legal authority under 
which the PTE limits are issued contain issuance procedures including 
any procedures for public notice and comment. Importantly, regulatory 
authorities use different issuing mechanisms depending on the 
complexity of the PTE limits required for the situation and the 
pollutants addressed. Typically, states issue enforceable PTE limits 
for individual sources in a SIP construction permit or a synthetic 
minor type of operating permit (e.g., operating permits other than 
title V permit). States can also utilize less burdensome mechanisms for 
limiting PTE such as general permits for source categories, permits by 
rule or registration programs, as appropriate. Regardless of the 
mechanism used to issue an enforceable PTE limit, the state must follow 
the applicable procedures for that mechanism, including providing for 
public notice and comment when required.
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    \35\ Public notice has been closely associated with federal 
enforceability of PTE limits because, in the past, the EPA 
regulations have required that for PTE limits issued pursuant to 
FESOP programs to be considered federally enforceable, a state, 
local, or tribal program must provide the public and the EPA with an 
upfront opportunity for notice and comment on any issued limit. See 
54 FR 27274, 27282, 27283 (1989).
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    As part of the effectiveness criteria, the EPA is requesting 
comments on whether, in order to further the effectiveness of HAP PTE 
limits and support reclassification of major sources as area sources 
under section 112 of the CAA, the EPA should require public comment and 
notice procedures (Comment C-30). The EPA request comments on how 
requiring public comment and notice procedures for issuance of HAP PTE 
limits enhance or is needed for ensuring effectiveness of such limits 
(Comment C-31).
    In the past, when the EPA included specific requirements for public 
comment and notice procedures for programs reviewed and approved by the 
EPA (i.e., FESOP), state and local agencies raised the cost of the 
public notice as a concern. For these programs, the EPA then revised 
the rules to allow for electronic notice as an alternative to newspaper 
notices. Another concern raised regarding public notice and comment was 
the additional time associated with this procedural step. We request 
comments on whether these concerns are still an issue if EPA were to 
require that HAP PTE limits that will be used as the basis for 
reclassifying major sources to area source status need to be subject to 
public notice and comment procedures (Comment C-32). The EPA also 
requests comments on whether there are specific criteria for deciding 
under what circumstances a source's proposed HAP PTE limits would need 
to undergo public review and comment under the state or local program 
(e.g., controversial or complex sources, sources with actual emissions 
close to the major source thresholds, etc.) (Comment C-33). The EPA 
recognizes that some state-programs may process HAP PTE limits 
concurrently with a minor NSR or other permitting action such that the 
EPA and the interested public would have the opportunity to provide 
comments on PTE limits in that case. The EPA seeks comment on whether 
the public notice and comment procedures provided in those 
circumstances would be sufficient (Comment C-34). The EPA requests 
comments on whether, to be effective and support reclassification from 
major to area source under section 112 of the CAA, PTE limitations need 
to undergo public comment and notice procedures (Comment C-35). The EPA 
notes that

[[Page 36322]]

nothing in this proposal is meant to alter or affect in any way those 
public notice procedures in the SIP-approved regulations for federally 
enforceable programs such as FESOP or minor NSR permit programs. See, 
i.e., 54 FR 27281-27281, see also 40 CFR 51.161.
    To provide information to the EPA and the public, 40 CFR 63.9(b) 
currently requires sources to notify the EPA when a source becomes 
subject to a relevant standard and 40 CFR 63.9(j) requires sources to 
notify the Administrator when there is a change in the information 
previously submitted to the EPA. This notification requirement applies 
to sources that reclassify from major source to area source status 
under CAA section 112 (e.g., by taking a HAP PTE limits). To improve 
the availability of this information, the EPA is proposing electronic 
submission of such notifications. Sources that reclassify to area 
source status by taking a HAP PTE limit are also currently required 
under 40 CFR 63.10 to keep records of applicability determinations on-
site. In this action, the EPA is proposing that any source that takes a 
HAP PTE limit and uses that limit to reclassify from major source to 
area source status must keep these records as long as the source is an 
area source. The EPA expects these notification and recordkeeping 
requirements under 40 CFR part 63 would assist the EPA in its oversight 
role under the CAA and be of minimal burden to the regulated community.

C. Permitting Considerations

    As mentioned above, sources seeking status reclassification from 
major source to area source can generally be grouped in three 
categories: (1) Existing major sources that need to obtain enforceable 
limits on their HAP PTE to ensure that their emissions do not exceed 
major source thresholds; (2) existing sources previously classified as 
major sources for a specific major source NESHAP that already have 
obtained enforceable limits on all their HAP emissions such that the 
source's PTE, as well as actual emissions, is currently below major 
source thresholds for both each individual HAP and total HAP; and (3) 
existing sources previously classified as major sources for a specific 
major source NESHAP that are no longer physically or operationally able 
to emit HAP in amounts that exceed the major source thresholds 
(commonly known as true or natural area sources). The third category 
includes former major sources that no longer have the ability to emit 
at major source levels either by permanently removing equipment or 
changing their processes, among other reasons.
    After the issuance of the MM2A Memorandum, the EPA received 
questions from sources and permitting authorities regarding permit 
process, mechanisms, and the requirements for reclassifying to an area 
source. Stakeholders asked that we clarify the process for implementing 
area source status for sources with title V permits that already have 
enforceable HAP PTE limits or now no longer have the ability to emit 
HAP in amounts that exceed major source thresholds. This section 
addresses these questions.
    From the questions received in relation to the 2018 MM2A 
Memorandum, we learned that sources with title V permits that already 
have enforceable HAP PTE limits or no longer have the ability to emit 
HAP in amounts that exceed major source thresholds fit in two 
scenarios. The first scenario involves a source subject to major source 
requirements that has made changes and no longer has the ability to 
emit HAP above major source thresholds (i.e., enforceable limits are 
not needed on the source's physical or operational design to restrict 
the source's PTE) but was still subject to major source requirements 
because of the OIAI policy. For a source which no longer has the 
ability to emit HAP at major source levels, enforceable limits for HAP 
emissions are not needed for changing its status to area source.\36\ 
The second scenario involves a source that has already taken 
enforceable PTE limits on its capacity to emit HAP that make it an area 
source, often to avoid major source requirements in the future. 
However, in accordance with the OIAI policy, such a source remained 
subject to the requirements of any previous major source NESHAP prior 
to the limits becoming effective because the source was not an area 
source at the time of the first substantive compliance deadline in that 
NESHAP. In each of these situations, the EPA assumes that the major 
source NESHAP requirements have been listed as applicable requirements 
in the source's title V (or equivalent) \37\ operating permit.
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    \36\ The definition of HAP PTE does not mandate a restriction to 
achieve area source status if, after considering limitations 
inherent to the process (i.e., the physical or operational design), 
a source no longer has the capacity to emit HAP above major source 
thresholds without the aid of operational restrictions. An example 
of limitations inherent to the process would be changing a boiler so 
that it can burn only gaseous fuel, such that HAP associated with 
burning coal need not be considered in determining the source 
maximum capacity to emit.
    \37\ These include permits the EPA deems to meet the title V 
requirements but are not called title V operating permits.
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    A question that applies to all the above scenarios is whether a 
reclassified source continues to have an obligation to comply with the 
major source requirements in their title V permit. While our reading of 
the statute is that a source in these scenarios qualifies as an area 
source of HAP, a permitted source must continue to comply with the 
terms of its title V permit until the source follows the permitting 
authority's procedures for facility changes and permit revisions to its 
title V permit. Sources should work with their permitting authorities 
who have knowledge of the specific procedures in their individual 
programs. The permitting authority will generally be in the best 
position to help a source decide on the appropriate procedures under 
the specific program rules. The EPA expects that the procedures will 
generally depend on the approved regulations and the facts of the 
situation. Some programs may specifically provide a streamlined 
mechanism for the removal of non-applicable requirements while others 
may require a significant modification process. The process may depend 
on the specific facts of the situation. For instance, some situations 
may simply call for the removal of the non-applicable major source 
permit terms and no other changes to the permit. In contrast, when the 
major source permit terms are relied upon to demonstrate compliance 
with some other applicable requirement (e.g., in the case of 
streamlining the permit conditions), concurrently with their removal, 
the permitting authority may need to reevaluate the MRR for applicable 
requirements remaining in the permit. Sources should consult with their 
permitting authority and the program regulations on the proper process 
to add any newly applicable MRR requirements, but the EPA notes that 
the regulations in 40 CFR part 71 would require a significant 
modification to add these requirements to a title V permit.
    For sources located within Indian country,\38\ where the EPA is the

[[Page 36323]]

reviewing authority unless the EPA has approved a non-federal minor 
source permitting program or a delegation of the Federal Indian Country 
Minor NSR Rule, the Federal Indian Country Minor NSR Rule at 40 CFR 
49.151-49.165 provides a mechanism for an otherwise major source to 
voluntarily accept restrictions on its PTE to become a synthetic minor 
source. The Federal Indian Country Minor NSR Rule applies to sources 
located within the exterior boundaries of an Indian reservation or 
other lands as specified in 40 CFR part 49, collectively referred to as 
``Indian country.'' See 40 CFR 49.151(c), 49.152(d). This mechanism may 
also be used by an otherwise major source of HAP to voluntarily accept 
restrictions on its PTE to become a synthetic minor HAP source. The 
EPA's Federal Implementation Plan (FIP) program, which includes the 
Federal Indian Country Minor NSR Rule, provides additional options for 
particular situations such as general permits for specific source 
categories to facilitate minor source emissions management in Indian 
country. Existing sources in Indian country may have PTE limits that 
preceded the EPA's FIP for minor sources, and for that reason, were 
issued a 40 CFR part 71 permit.
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    \38\ The Federal Indian Country Minor NSR Rule defines ``Indian 
country'' to include three categories of lands consistent with 18 
U.S.C. 1151: i.e., Indian reservations, dependent Indian 
communities, and Indian allotments. The Court vacated the rule with 
respect to non-reservation areas of Indian country (i.e., dependent 
Indian communities and Indian allotments), in the absence of a 
demonstration by the EPA or a tribe that a tribe has jurisdiction 
over the non-reservation area of Indian country (Oklahoma Dept. of 
Environmental Quality v. EPA, 740 F.3d 185 (D.C. Cir. 2014)). The 
Court held that states have initial responsibility for 
implementation plans under CAA section 110 in non-reservation areas 
of Indian country in the absence of a demonstration of tribal 
jurisdiction by the EPA or a tribe. Therefore, the Federal Indian 
Country Minor NSR Rule does not apply in non-reservation areas of 
Indian country unless and until a tribe or the EPA has demonstrated 
that the tribe has jurisdiction in a particular non-reservation area 
of Indian country.
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D. SIP Considerations

    This rulemaking does not affect states' continuing obligations 
under CAA section 110 or requirements for SIP development, including 
the obligation to maintain major source NESHAP requirements that may 
have been approved in a SIP under CAA section 110. In addition, states 
have an ongoing obligation under CAA section 110 to ensure that changes 
to any measure incorporated into a SIP do not interfere with attainment 
or maintenance of any National Ambient Air Quality Standards or with 
any other requirement of the CAA.\39\ The EPA cannot approve changes to 
SIP provisions unless the Agency can conclude that the changes would 
not result in backsliding, pursuant to CAA section 110(l).
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    \39\ See CAA section 112 (l) ``The Administrator shall not 
approve a revision of a plan if the revision would interfere with 
any applicable requirement concerning attainment and reasonable 
further progress (as defined in section 171), or any other 
applicable requirement of this Act.''
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V. Proposed Regulatory Changes

    To reflect the plain language reading of the statute as discussed 
in section III above, the EPA is proposing to amend the General 
Provisions of 40 CFR part 63, subpart A. We are also proposing 
amendments to the General Provision tables contained within most 
subparts of 40 CFR part 63 to incorporate the changes proposed to the 
General Provisions of 40 CFR part 63, subpart A. The EPA is also 
proposing changes to several individual NESHAP intended to remove rule 
specific OIAI provisions.

A. Proposed Changes to 40 CFR Part 63, Subpart A: General Provisions

1. Applicability
    We are proposing to amend the applicability section found in 40 CFR 
63.1 by adding a new paragraph (c)(6). This paragraph will specify that 
a major source can become an area source at any time by limiting its 
PTE HAP to below the major source thresholds established in 40 CFR 
63.2.^{40 41 42} Sources can also become area sources by making 
permanent physical changes (e.g., by the removal of emission units), if 
these changes limit the potential to emit HAP below the major source 
thresholds. As explained in section IV of this preamble, sources who 
are seeking to reclassify to area source status will apply to their 
corresponding regulatory authority and follow the corresponding 
regulatory authority's procedures for reclassifying and, if needed, for 
obtaining enforceable limits on their HAP PTE.
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    \40\ Former major sources that no longer have the ability to 
emit at major source levels due to the permanent removal of 
equipment or changes in processes are area sources under the plain 
language of the statute; therefore, and these sources do not need to 
obtain additional PTE limits to reclassify to area source status. 
These sources will need to apply with their corresponding regulatory 
authority and follow the corresponding authority's procedures for 
reclassifying from major source status to area source status.
    \41\ Some individual NESHAP standards in 40 CFR part 63 provide 
sources the opportunity to become area sources not by limiting total 
mass emissions directly, but by limiting material use or by taking 
other measures, which in turn, correlate to emissions below major 
source levels (e.g., 40 CFR part 63, subpart KK, Printing and 
Publishing and 40 CFR part 63, subpart JJ, Wood Furniture 
Manufacturing Operations (limiting HAP usage to below major source 
thresholds)). We recommend that sources refer to the applicable 
NESHAP for guidance in determining whether the source meets the 
major source thresholds.
    \42\ We recognize that there may be sources that were major 
sources as of the first substantive compliance date of a MACT 
standard that, by complying with non-section 112 CAA requirements, 
became area sources for HAP emissions. In this instance, the EPA 
proposes that the source obtain enforceable limitations on its HAP 
PTE to ensure that those emissions remain below major source 
thresholds.
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    A major source that reclassifies to area source will no longer be 
subject to NESHAP requirements applicable to a major source. The major 
source requirements to which the source would no longer be subject may 
include, but are not limited to, CAM \43\ and title V requirements \44\ 
(assuming the source is not otherwise subject to title V permitting). 
As an area source complying with its PTE HAP limits, the source would 
nonetheless be subject to any applicable area source requirements 
issued pursuant to CAA section 112 and title V if the EPA has not 
exempted the area source category from such requirements.
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    \43\ The CAM regulations at 40 CFR 64.2(b)(1)(i) include an 
exception for emission limitations or standards proposed by the 
Administrator after November 15, 1990, pursuant to section 111 or 
112 of the CAA. In summary, if a particular unit was subject to just 
a MACT standard, CAM did not apply. But if the unit was also subject 
to another emission limit/standard (e.g., SIP limit), then the MACT 
monitoring provisions would have been determined to be presumptively 
acceptable to meet CAM for the SIP limit. If the MACT standard is 
then removed, and the source is still required to have a title V 
permit, then CAM compliance might require re-evaluation.
    \44\ As noted above in section IV.D, the source would need to 
continue to comply with any major source NESHAP requirements 
currently in the source's title V permit until removed by the 
permitting authority.
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    The statute and existing regulations contain compliance date 
provisions that address some, but not all, situations. For sources that 
are subject to certain CAA section 112 requirements on the effective 
date of those requirements, CAA section 112(i)(3)(A) provides that the 
source must meet the applicable requirements beginning on the effective 
date of those requirements, but that the EPA may set a later compliance 
date for existing sources that provides for compliance ``as 
expeditiously as practicable, but in no event later than 3 years after 
the effective date of such standard'' and with additional time allowed 
under certain circumstances as provided in CAA sections 112(i)(3)(B) 
and 112(i)(4) through (8). For an area source that increases its 
emissions and becomes a major source after the effective date of an 
emission standard, the existing regulations address the issue of 
compliance time frames. See 40 CFR 63.6(a)(2) and (c)(5). On the other 
hand, the existing regulations do not address the issue of compliance 
time frames for sources that reclassify from major source status to 
area source status after the effective date of an emission standard.
    To address the issue of compliance time frames for sources that 
reclassify from major source status to area source status, we are 
proposing regulatory text in the new provision at 40 CFR 63.1(c)(6)(i) 
under which major sources that reclassify to area source status become 
subject to applicable area source requirements in 40 CFR part 63 
immediately upon becoming an area

[[Page 36324]]

source in those situations where the first substantive compliance date 
has passed. However, where an area source standard would apply to an 
existing source upon reclassification from major to area source status 
and different emission points will need control or different emission 
controls are necessary to comply with the area source standard or other 
physical changes are needed to comply with the standard, we are 
proposing that additional time, (not to exceed 3 years), may be granted 
by the EPA (or a delegated authority) in a compliance schedule if the 
source demonstrates that the additional time is necessary and 
reasonable.
    The proposed regulatory provision, 40 CFR 63.1(c)(6)(i), is 
consistent with the principle underlying CAA section 112(i)(3) 
compliance schedule for existing sources because it requires sources to 
comply immediately with the area source standard upon becoming an area 
source, and authorizes the EPA (or a delegated authority) to grant 
additional time in a compliance schedule only if it determines that 
such time is appropriate based on the facts and circumstances. In any 
event, any extension of time provided pursuant to the proposed text in 
40 CFR 63.1(c)(6)(i) cannot exceed 3 years. In the situation where a 
major source is engaged in the process of reclassifying to area source 
status after the initial compliance date of the applicable area source 
NESHAP has passed, and the source concludes that it needs a compliance 
extension to meet the applicable area source NESHAP requirements, the 
source must apply for and obtain that compliance extension before 
completing the process to reclassify as an area source; otherwise, the 
source will be in violation of the area source NESHAP. A source that is 
successful in receiving approval of a compliance extension must 
continue to comply with the major source NESHAP requirements until such 
time as compliance with the area source NESHAP is achieved.
    We solicit comment on the appropriateness of the proposed case-by-
case compliance extension date approach discussed above, including, for 
example, the type of information that should be requested from the 
source seeking the proposed compliance extension, and whether the 
limitations proposed above (i.e., the compliance extension is only 
available if the affected source must undergo a physical change or 
install additional control equipment to meet the area source NESHAP) 
are appropriate (Comment C-36). See proposed regulations at 40 CFR 
63.1(c)(6)(i). We also solicit comment generally on the appropriate 
process for requesting the compliance extension and on the mechanics of 
obtaining the compliance extension (Comment C-37). If the area source 
category is not exempted from the requirements of title V, the request 
for a compliance extension could be made in the context of the title V 
permit process. If, however, the area source category at issue is 
exempt from title V, the source could submit its compliance date 
extension request to the regulatory authority issuing its PTE HAP 
limits, provided that the regulatory authority has delegation to 
implement the area source NESHAP. We further solicit comment on whether 
the proposed compliance date extension provision in 40 CFR 
63.1(c)(6)(i) should be available to major sources that reclassify to 
area source status prior to the compliance date of an applicable area 
source standard, to the extent that the remaining time before the 
compliance date is not sufficient time for the source to comply 
(Comment C-38).
    In 2007, the EPA considered the issue of time frames for compliance 
with corresponding CAA section 112 standards when sources reclassify 
between major and area source status more than once. In particular, the 
EPA looked at whether it is reasonable to require immediate compliance 
with previously applicable major source NESHAP requirements for sources 
that reclassify from major to area source status and then revert back 
to its previous major source status.
    As discussed above, the current statutory and regulatory provisions 
specify the timing for compliance when an area source becomes a major 
source for the first time. See 40 CFR 63.6(c)(5) and (b)(7). Per 40 CFR 
63.6(b)(7), when an area source becomes a major source by the addition 
of equipment or operations that meet the definition of a ``new affected 
source'' in the relevant standard, the portion of the existing facility 
that is a new affected source must comply with all requirements of that 
standard applicable to new sources upon startup. On the other hand, 40 
CFR 63.6(c)(5) specifies that, except as provided in paragraph (b)(7), 
the owner or operator of an area source that increases its emissions of 
(or its PTE) HAP such that the source becomes a major source shall be 
subject to relevant standards for existing sources and must comply by 
the date specified in the major source standards for existing sources 
that are applicable to that source. If no such compliance date is 
specified in the standards, the source shall have a period of time to 
comply with the relevant emission standard that is equivalent to the 
compliance period specified in the relevant standard for existing 
sources in existence at the time the standard becomes effective.
    Sources that reclassify to area source status in most cases, if not 
all, would achieve and maintain area source status by operating the 
emission controls or continuing to implement the practices (i.e., use 
of no-HAP or low-HAP compliant material) they used to meet the major 
source NESHAP requirements. Sources may, in addition to, or in lieu of, 
operating emission controls, reduce their production level or hours of 
operation. The EPA has no information to suggest that a source that 
reclassifies from major to area source status, regardless of the means 
employed to attain area source status, would remove the controls used 
to meet the previous applicable major source NESHAP requirements. We 
recognize that some major source NESHAP allow alternative compliance 
options, such as the use of low-HAP materials, but these options should 
continue to be available to the affected source. Moreover, the addition 
of equipment or process units to an existing affected source should not 
change the source's ability to meet the major source NESHAP 
requirements upon startup of the new equipment or emission unit because 
the equipment or process units should be accompanied by either a tie-in 
to existing emission controls or part of the installation of new 
emission controls. See also 40 CFR 63.6(b)(7) (applying to new affected 
sources). We solicit comment on whether our information and 
expectations, as stated in this paragraph, are correct (Comment C-39).
    For the reasons explained above, in this action the EPA is 
proposing to add a new provision in 40 CFR 63.1(c)(6)(ii)(A) to specify 
that a source that reclassifies from major source status to area source 
status and then later reclassifies back to major source status must 
meet the major source NESHAP requirements at the time that standard 
again becomes applicable to the source. This is reasonable because 
existing affected sources located at the facility that were previously 
subject to a major source NESHAP should be able to comply with that 
major source NESHAP immediately upon the requirements again becoming 
applicable to them. To date, we have identified one set of 
circumstances where additional time would be necessary for the source 
to comply with the major source NESHAP in the scenario where a source 
is reclassifying from area source status to major source status after 
previously going from major source to area source.
    Specifically, there are situations where major source NESHAP rules 
may

[[Page 36325]]

be amended and either become more stringent or apply to additional 
emission points or regulate additional HAP. For example, under CAA 
section 112(d)(6), MACT standards must be reviewed every 8 years and 
revised if necessary. If revisions issued pursuant to CAA section 
112(d)(6) increase the stringency of the standards or revise the 
standards such that they apply to additional emission points or HAP, it 
may be necessary to allow existing sources that are returning to major 
source status some additional time to come into compliance with the new 
major source requirements.
    The revision of a NESHAP pursuant to CAA section 112(d)(6) is only 
one example of a situation where a major source NESHAP rule may be 
revised. Many types of rule amendments that substantively modify the 
NESHAP could provide a basis for additional time for compliance. Thus, 
we are proposing to add a provision in 40 CFR 63.1(c)(6)(ii)(B) that 
sources that reclassify from major source to area source and then 
revert to major source status, be allowed additional time for 
compliance if the major source NESHAP has changed such that the source 
must undergo a physical change, install additional emission controls, 
and/or implement new emission control measures. We propose that such 
sources have the same time period to comply with the revised major 
source NESHAP as is allowed for existing sources subject to the revised 
major source NESHAP. The source will need to continue complying with 
the area source requirements until such time as compliance with the 
major source requirements is achieved. We solicit comment on this 
proposed compliance time frame and whether the proposed regulatory text 
in 40 CFR 63.1(c)(6)(ii)(B) adequately captures the intended exception 
(Comment C-40).
    We solicit comment on the appropriateness of the proposed immediate 
compliance rule for sources that reclassify between major and area 
source status more than once and whether such a rule should be 
finalized (Comment C-41). Further, we solicit comment on whether, if it 
is finalized, there are other situations, in addition to the one noted 
above, that would necessitate an extension of the time period specified 
for compliance with the major source NESHAP requirements (Comment C-
42). We further solicit comment on whether we should instead allow all 
sources that revert back to major source status a specific period of 
time in which to comply with the major source NESHAP requirements, 
which would be consistent with the approach provided for in 40 CFR 
63.6(c)(5) (Comment C-43). If we promulgate this approach in the final 
rule, we request comment on whether we should provide the same time 
period as is already provided for in 40 CFR 63.6(c)(5), or whether a 
different time period is appropriate and why. To the extent a commenter 
proposes a compliance time frame, we request that the commenter explain 
the basis for providing that time frame with enough specificity for the 
EPA to evaluate the request (Comment C-44). Thus, depending on the 
comments received and the factual circumstances identified, the options 
we are considering include: (1) Not finalizing the immediate compliance 
rule with exceptions, and instead providing all sources that revert 
back to major source status a defined period of time to comply 
consistent with the provisions of 40 CFR 63.6(c)(5); and (2) finalizing 
the proposed immediate compliance rule and adopting additional 
exceptions to that rule if we receive persuasive and concrete scenarios 
that would warrant allowing additional time to comply with previously 
applicable major source NESHAP requirements.\45\ If we pursue the 
former approach, we would likely amend 40 CFR 63.6(c)(5). If we pursue 
the latter approach and retain the immediate compliance rule but create 
exceptions in addition to the one noted above, there are two ways to 
implement the exceptions: (1) Through a case-by-case compliance 
extension request process or (2) by identifying in the final rule 
specific exceptions to the immediate compliance rule and providing a 
time period for compliance for each identified exception.
---------------------------------------------------------------------------

    \45\ The new proposed regulatory provision at 40 CFR 
63.1(c)(6)(ii) would be subject to the provisions of 40 CFR 
63.6(b)(7). Thus, if a source adds a piece of equipment which 
results in emissions at levels in excess of the major source 
thresholds, and that equipment meets the definition of a new 
affected source under the relevant NESHAP, the source would be 
subject to the provisions of 40 CFR 63.6(b)(7) and would have to 
meet the requirements for new sources in the relevant major source 
NESHAP, including compliance at startup.
---------------------------------------------------------------------------

    Under the case-by-case approach, the EPA or delegated regulatory 
authority could grant limited additional time for compliance upon a 
specific showing of need. A case-by-case compliance extension request 
process would call for the owners or operators of sources to submit to 
the relevant regulatory authority a request that (1) identifies the 
specific additional time needed for compliance, and (2) explains, in 
detail, why the source needs additional time to come into compliance 
with the major source NESHAP. The regulatory authority would review the 
request and could either approve it in whole, or in part (i.e., by 
specifying a different compliance time frame or allowing different time 
frames for different parts of the affected sources) or deny the 
request. We envision that a request for a compliance extension, if such 
an option is provided in the final rule, would ordinarily be made in 
the context of the title V permit application or an application to 
modify an existing title V permit. Any compliance extension, if 
granted, would be memorialized in the title V permit. If we finalize 
the proposed immediate compliance rule with exceptions, we will also 
consider the option of including in the final rule defined compliance 
extension time frames for defined factual scenarios, as we have done 
for the exception described above. Under this approach, if a source 
satisfies the criteria identified in the final rule, it would 
automatically be afforded a specified extension of time to comply with 
the major source NESHAP requirements upon the source, again becoming 
subject to the NESHAP. This specified extension approach would be 
useful if there are specific factual scenarios that affect a broad 
number of sources because defining the compliance extension time frame 
in the final rule eliminates the burden on regulatory authorities 
associated with the case-by-case approach.
    In submitting your comments on the above-noted issues and proposed 
40 CFR 63.6(c)(6) provision, identify, with specificity, the factual 
circumstances that would warrant a compliance extension, explain why 
the source would need the extension under the circumstances identified, 
and explain why the source could not comply with the standard 
immediately upon reverting to major source status given the identified 
circumstances (Comment C-45). We specifically solicit comment on our 
discussion above as to the mechanics of obtaining a compliance 
extension if a case-by-case approach is finalized, including, for 
example, the type of information to request from the source seeking the 
proposed compliance extension, the process to be used to obtain the 
extension, and any limitations on providing extensions (Comment C-
46).\46\ We further solicit

[[Page 36326]]

comment on the approach of providing a specified compliance extension 
in the final rule for certain defined factual scenarios (Comment C-47). 
Regarding this approach, we solicit comment on the nature of the 
scenario that would warrant such an extension and the specific amount 
of additional time that would be needed to comply with the major source 
NESHAP requirements and why such a period of time is needed to comply 
(Comment C-48). We also request comments on whether a source that 
cannot immediately comply with previously or newly applicable major 
source NESHAP requirements at the time it requests reclassification, 
should be required to continue to comply with the HAP PTE limits until 
the source can comply with the corresponding major source NESHAP 
requirements (Comment C-49).
---------------------------------------------------------------------------

    \46\ Some major sources that switch to area source status may, 
as an area source, no longer be subject to title V permit 
requirements and, therefore, apply to their permitting authority to 
terminate their title V permits. In this situation, the source would 
need to obtain HAP PTE limits through a regulatory vehicle other 
than title V. Presumably, such sources would have their title V 
permit terminated at the same time their enforceable PTE limits 
become effective. If, however, the area source reverts to major 
source status, the source will once again have to obtain a title V 
permit. The source would also have to have its enforceable PTE 
limits terminated to allow it to emit at major source levels. Once 
the HAP PTE limits no longer apply to the source, the source must 
comply with all applicable major source NESHAP requirements or have 
taken appropriate steps to apply for compliance extensions for each 
applicable major source NESHAP.
---------------------------------------------------------------------------

    The EPA is also proposing to add a new provision at 40 CFR 
63.1(c)(6)(iii) to address the interaction of the reclassification of 
sources with enforcement actions. Specifically, we are proposing that 
sources that reclassify from major to area source status and are 
subject to enforcement investigations or enforcement actions are not 
absolved from the results of such investigations or the consequences of 
such actions by becoming area sources. Although sources that are the 
subject of an investigation or enforcement action may still seek area 
source status for purposes of future applicability, they are not 
absolved of any previous or pending violations of the CAA that occurred 
while they were a major source, and the source must bear the 
consequences of any enforcement action or remedy imposed upon it, which 
could include fines, imposition of additional emission reduction 
requirements, or other remedies for noncompliance. Accordingly, a 
source cannot use its new area source status as a defense to major 
source NESHAP violations that occurred while the source was a major 
source. Similarly, becoming a major source does not absolve a source 
subject to an enforcement action or investigation for area source 
violations or infractions from the consequences of any actions 
occurring when the source was an area source.
2. Definitions
    In this action, the EPA is proposing specific criteria that a HAP 
PTE limit must meet to be effective in ensuring that a source would not 
emit above the PTE levels for each emission unit in the permit. The EPA 
is proposing to amend the PTE definition in 40 CFR 63.2, accordingly, 
by removing the requirement for federally enforceable PTE limits and 
requiring instead that PTE limits meet the effectiveness criteria of 
being both legally enforceable and practicably enforceable as described 
in detail in section IV. B of this proposal. The EPA is proposing to 
include in 40 CFR 63.2 the definitions of legally enforceable and 
practicably enforceable. The EPA proposes legally enforceable to mean 
that an emission limitation or other standards meet the following 
criteria: (1) Must identify the legal authority under which the 
limitations or standards are being issued; and (2) must provide the 
right for the issuing authority to enforce it. The EPA proposes 
practicably enforceable to mean that an emission limitation or other 
standards meet the following criteria: (1) Must be written so that it 
is possible to verify compliance and to document violations when 
enforcement action is necessary; (2) must specify a technically 
accurate numerical limitation and identify the portions of the source 
subject to the limitation. The time frame for the limitation (e.g., 
hourly, daily, monthly, and annual limits such as annual limits rolled 
on a monthly basis) taking into account the type of parameter limited 
(an indirect indicator of emissions such as a continuous monitoring 
system limit should have a shorter time frame than a direct measurement 
of HAP emissions to account for the relationship between HAP emissions 
and the monitored parameter); and (3) must specify the method of 
determining compliance, including appropriate MRR. We request comments 
on whether other criteria are needed to ensure the emission limitations 
are practicably enforceable (Comment C-50).
3. Recordkeeping and Reporting Requirements
    The EPA is proposing to amend the recordkeeping requirements for 
applicability determinations in 40 CFR 63.10(b)(3) by adding text to 
clarify that this requirement applies to an owner or operator with an 
existing or new stationary source that is in a source category 
regulated by a standard established pursuant to CAA section 112, but 
that is not subject to the relevant standard because of legally and 
practicably enforceable limitations on the source's HAP PTE. The 
proposed text also clarifies that the record of the applicability 
determination must include an emissions analysis (or other information) 
that demonstrates the owner or operator's conclusion that the source is 
not subject to major source requirements. The analysis (or other 
information) must be sufficiently detailed to allow the Administrator 
to make an applicability finding for the source with regard to the 
relevant standard or other requirements. The EPA is proposing to remove 
the time limit for record retention in 40 CFR 63.10(b)(3) so sources 
that obtain new enforceable PTE limits are required to keep the 
required record of the applicability determination until the source 
becomes subject to major source requirements. We request comments on 
the propose amendment to 40 CFR 63.10(b)(3) removing the time limit for 
keeping these records and requiring that the records be maintained 
until the source becomes an affected source as described above (Comment 
C-51).
    The EPA is further proposing to amend the recordkeeping 
requirements for records submitted through CEDRI by adding 40 CFR 
63.10(g) to clarify the records submitted through CEDRI may be 
maintained in electronic format. This provision does not remove the 
requirement for facilities to make records, data, and reports available 
upon request by a delegated air agency or the EPA upon request.
4. Notification Requirements
    The EPA is proposing to amend the notification requirements in 40 
CFR 63.9(b) so that an owner or operator of a facility must notify the 
Administrator of any standards to which it becomes subject. With this 
amendment, the notification requirements of 40 CFR 63.9 will cover both 
situations where a source reclassifies from major to area source status 
and where a source reclassifies from major to area and subsequently 
reverts back to major source status. The EPA is also proposing to 
clarify that a source that reclassifies must notify the EPA of any 
changes in the applicability of the standards that the source was 
subject to per the notification requirements of 40 CFR 63.9(j). The EPA 
is also proposing to amend the notification requirements in 40 CFR 
63.9(b) and (j) to require the notification be submitted electronically 
through the CEDRI. The EPA is also proposing to amend the General 
Provisions to add 40 CFR 63.9(k) to include the CEDRI submission 
procedures. Additionally, the EPA has identified two broad 
circumstances in

[[Page 36327]]

which extensions of the time frame for electronic submittal may be 
provided. In both circumstances, the decision to accept the claim of 
needing additional time to submit is within the discretion of the 
Administrator, and submittal should occur as soon as possible. The EPA 
is providing these potential extensions to protect owners and operators 
from noncompliance in cases where they cannot successfully submit a 
notification by the submittal deadline for reasons outside of their 
control. The situation where an extension may be warranted due to 
outages of the EPA's Central Data Exchange or CEDRI that preclude an 
owner or operator from accessing the system and submitting a required 
notification is addressed in 40 CFR 63.9(k)(1). The situation where an 
extension may be warranted due to a force majeure event, which is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents an owner or 
operator from complying with the requirement to submit electronically 
as required by this rule, is addressed in 40 CFR 63.9(k)(2). Examples 
of such events are acts of nature, acts of war or terrorism, or 
equipment failure or safety hazards beyond the control of the facility.
    The electronic submittal of the notifications addressed in this 
proposed rulemaking will increase the usefulness of the notification, 
is in keeping with current trends in data availability and 
transparency, will further assist in the protection of public health 
and the environment, will improve compliance by facilitating the 
ability of delegated state, local, tribal, and territorial air agencies 
and the EPA to assess and determine compliance and the applicability of 
major and area source standards to a facility, and will ultimately 
reduce burden on regulated facilities, delegated air agencies, and the 
EPA. Electronic submittal also eliminates paper-based, manual 
processes, thereby saving time and resources and providing data quickly 
and accurately to the affected facilities, air agencies, the EPA, and 
the public. Moreover, electronic reporting is consistent with the EPA's 
plan \47\ to implement Executive Order 13563 and is in keeping with the 
EPA's Agency-wide policy \48\ developed in response to the White 
House's Digital Government Strategy.\49\ The EPA is also proposing to 
amend 40 CFR 63.12(c) to specify that a delegated authority may not 
exempt sources from reporting electronically to the EPA when stipulated 
by this part. For more information on the benefits of electronic 
reporting, see the memorandum, ``Electronic Reporting Requirements for 
New Source Performance Standards (NSPS) and National Emission Standards 
for Hazardous Air Pollutants (NESHAP) Rules,'' available in Docket ID 
No. EPA-HQ-OAR-2019-0282.
---------------------------------------------------------------------------

    \47\ The EPA's ``Final Plan for Periodic Retrospective 
Reviews,'' August 2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \48\ ``E-Reporting Policy Statement for EPA Regulations,'' 
September 2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \49\ ``Digital Government: Building a 21st Century Platform to 
Better Serve the American People,'' May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------

B. Proposed Changes to Individual NESHAP General Provisions 
Applicability Tables

    We are proposing to amend the General Provisions applicability 
tables contained within most subparts of 40 CFR part 63 to add a 
reference to a new paragraph 40 CFR 63.1(c)(6) discussed in the section 
above and add a reference to reflect the proposed CEDRI submission 
procedures of 40 CFR 63.9(k) discussed above. We solicit comments on 
whether any other subparts warrant amendment to reference the new 
General Provision 40 CFR 63.1(c)(6) or the CEDRI submission procedures 
in 40 CFR 63.9(k) (Comment C-52).

C. Proposed Changes to Individual NESHAP

    The EPA has identified one general category of regulatory 
provisions in several NESHAP subparts that reflect the 1995 OIAI policy 
that require revision pursuant to this action. This category of 
provisions addresses the date by which a major source can become an 
area source. Accordingly, in this action we are proposing to revise the 
following provisions: 40 CFR part 63, subpart QQQ at 63.1441; 40 CFR 
part 63, subpart QQQQQ at 63.9485; 40 CFR part 63, subpart RRRRR at 
63.9581; and Table 2 of 40 CFR part 63, subpart WWWW.
    We also identified several area source NESHAP containing 
notification provisions (i.e., initial notification) applicable to 
existing sources which have passed. The following area source NESHAP 
contain notification requirements for existing sources with specific 
deadlines that are in the past: 40 CFR part 63, subpart HHHHHH at 
63.11175; 40 CFR part 63, subpart XXXXXX at 63.11519; 40 CFR part 63, 
subpart YYYYYY at 63.11529; 40 CFR part 63, subpart AAAAAAA at 
63.11564; 40 CFR part 63, subpart BBBBBBB at 63.11585; 40 CFR part 63, 
subpart CCCCCCC at 63.11603. We are proposing to amend these provisions 
to add language applicable to existing sources that reclassify from 
major source to area source status. Consistent with other area source 
NESHAP notification requirements, we propose that, for an existing 
source that reclassify from major to area source status, the 
notification shall be submitted no later than 120 calendar days after 
the source becomes subject to the relevant area source NESHAP 
requirements.
    We further solicit comment on whether there are any other 
regulatory provisions in any of the individual subparts that would 
warrant modification or clarification consistent with this proposal 
(Comment C-53).

VI. Impacts of Proposed Amendments

    In this section, we present the findings of the cost, 
environmental, and economic impacts associated with this action. While 
the opportunity to reclassify from major to area source status under 
section 112 of the CAA is available to all major sources of HAP, the 
EPA has very limited information on how many sources may choose to 
limit their PTE HAP to below major source thresholds and reclassify to 
area source status as a result of this action. We outline in section IV 
of this preamble the series of analyses and considerations a source 
will undergo to reclassify from major to area source, including: 
Evaluating actual and potential HAP emissions, technical feasibility of 
effectively limiting the source's PTE HAP, process to obtain effective 
PTE limitations, as well as other considerations. Because each source 
will assess its own situation to determine whether the costs and 
benefits associated with becoming an area source are advantageous to 
the source, there are inherent uncertainties in determining the number 
of sources to include in the illustrative analysis presented here.
    The EPA specifically solicited comments in 2007 on the number of 
potential and likely sources that may avail themselves of the 
opportunity to reclassify. Many of the commenters on the 2007 proposal 
stated that the opportunity to reclassify to area source status will 
mainly benefit manufacturing operations that have been working on 
technological advances and/or process changes to reduce their

[[Page 36328]]

emissions. Commenters in 2007 did not provide specific information and 
data in response to this request that would allow the EPA to analyze 
the impacts.
    Since the inception of the air toxics program under section 112 of 
the CAA, the EPA has observed significant improvements in technologies 
and processes that have significantly reduced, or in some cases 
eliminated, the use of HAP from many operations. These advances include 
process or procedural changes, equipment or technology modifications, 
reformulation or redesign of products, and substitution of raw 
materials. Although the incorporation of such advances will benefit all 
sources regardless of the size and status, such incorporation at small- 
to medium-sized major sources can aid those sources to reduce their HAP 
emissions to below major source thresholds.
    Sources that might seek reclassification to area source status can 
generally be grouped into three categories: (1) Major sources that need 
to obtain enforceable limits on their PTE HAP to ensure that the 
emissions do not exceed major source thresholds; (2) sources previously 
classified as major sources that already have enforceable limits on 
their HAP emissions such that their PTE is below the major source 
thresholds; and (3) sources previously classified as major sources that 
are no longer physically or operationally able to emit HAP in amounts 
that exceed the major source thresholds (commonly known as true or 
natural area sources).
    As discussed below, commenters on the 2007 proposal asserted that 
the implementation of the plain reading of the definitions of major and 
area source in section 112 of the CAA and withdrawal of the OIAI policy 
will encourage innovation in pollution reduction technologies, 
engineering, and work practices. For many sources, the opportunity to 
reclassify to area source status may create an incentive to evaluate 
their operations and consider changes that can further reduce their HAP 
emissions to below the major source thresholds if the source views 
those changes as an opportunity to reduce costs of production, increase 
productivity, or reduce the opportunity costs of complying with major 
source NESHAP requirements. For example, sources using surface coatings 
\50\ may see the opportunity to become an area source as an extra 
incentive to invest in the development of new low- or no-HAP content 
coatings, inks, and binders. Similarly, sources with boilers and 
engines may benefit from replacing old boilers and engines with new, 
more efficient, and clean technologies, which not only could help a 
source reduce HAP to below the major source thresholds but could also 
reduce fuel use and associated costs.
---------------------------------------------------------------------------

    \50\ Coating manufacturing operations covered by NESHAP include: 
Shipbuilding and repair; wood furniture; aerospace; fiberglass boat; 
metal coil; paper and other web; metal furniture; large appliances; 
wooden building parts; plastic parts; fabric; miscellaneous metal 
parts and products; auto and light duty trucks; and metal can.
---------------------------------------------------------------------------

    The EPA specifically requests information and specific examples of 
sources that would consider investing in additional emissions reduction 
measures like changing processes or installing additional emission 
controls (intrinsic to the source or additional add-on controls), 
installing new lower emitting equipment, or implementing P2 initiatives 
to avail themselves of the potential to seek reclassification to area 
source status (Comment C-54). The Agency is interested both in comments 
in which the commenters themselves would consider investing in 
additional emissions reduction measures, and comments identifying 
specific types of facilities that would be able to invest in additional 
emissions reduction measures (Comment C-55).
    Commenters on the 2007 proposal noted that many sources have 
undergone facility and/or operational modifications that will ensure 
maintenance of emission reductions even without the sources remaining 
subject to major source NESHAP requirements. For these sources, the 
opportunity to reclassify will result in a reduction in regulatory 
burden with no potential for HAP emission increases. An example 
provided in the 2007 comments is that of a gasoline distribution 
terminal \51\ classified as a major source of HAP and subject to 40 CFR 
part 63, subpart R, NESHAP for Gasoline Distribution Facilities. The 
site converted from methyl tertiary butyl ether to ethanol to comply 
with reformulated gasoline requirements and obtained enforceable HAP 
limitations below the major source thresholds so that two other major 
source NESHAP rules (Organic Liquids Distribution: 40 CFR part 63, 
subpart EEEE, and Site Remediation: 40 CFR part 63, subpart GGG) would 
not be applicable. Because this facility is also a major source of VOC, 
the site has, and will continue to have, a title V permit. Vapors from 
loading facilities are currently captured by a vapor recovery system 
and the tanks are equipped with floating roofs. In light of their 
existing enforceable PTE limitations, the source could submit a request 
to their permitting authority to be reclassified as an area source and 
to remove the 40 CFR part 63, subpart R major source requirements from 
its title V permit. The facility will still be subject to NSPS 40 CFR 
part 60, subpart XX, for bulk gasoline terminals and NSPS 40 CFR part 
60, subpart Kb, for storage vessels. In addition, the facility will be 
subject to the Gasoline Distribution area source NESHAP 40 CFR part 63, 
subpart BBBBBB requirements. The commenter then asserted that emissions 
will continue to be controlled while allowing a reduction in regulatory 
burden at the source.
---------------------------------------------------------------------------

    \51\ EPA-HQ-OAR-2004-0094-0125.
---------------------------------------------------------------------------

    In the section below the EPA presents the potential impacts of the 
proposed amendments. This action does not mandate any source to 
reclassify to area source status. An evaluation of the potential to 
reclassify to area source status involves many source-specific 
considerations (discussed above and in section IV). Each source must 
assess its own situation to determine whether the costs and benefits 
associated with becoming an area source are advantageous to the source. 
Because of inherent uncertainties in determining how many and which 
sources may choose to reclassify from major source to area source, we 
can only present illustrative analyses concerning the impacts of the 
proposed amendments.
    We estimated the potential costs and cost savings associated with 
this proposed action by determining which sources are likely to have 
the option to reclassify from major to area source status and then we 
assessed the potential costs and cost savings. The potential costs and 
cost savings presented in the proposal cost memorandum and RIA are the 
results of an illustrative assessment. It is unknown how many sources 
would choose to take legally and practicably enforceable HAP PTE limits 
to below major source thresholds and reclassify to area source status. 
The illustrative assessment is based on the following key assumptions: 
(1) We estimated that only those facilities whose actual emissions are 
below 75 percent of the major source thresholds (7.5 tpy for a single 
HAP and 18.75 tpy for all HAP) would reclassify from major to area 
source status (this assumption forms the basis for the primary 
alternative scenario analyzed for this proposal); (2) the costs that we 
estimated to be incurred by the facilities are the costs associated 
with permitting actions necessary to obtain area source status; (3) the 
costs that we estimated to be incurred by permitting authorities are 
the costs associated with permitting actions necessary to permit 
facilities as

[[Page 36329]]

area sources; and (4) the cost savings estimates are based solely on 
estimated changes in labor burden related to MRR requirements that 
would either no longer apply or would change based on the specific 
requirements in the major source and area source rules that apply to a 
particular source category. In addition, we conducted this illustrative 
assessment for two alternative scenarios. Alternative scenario 1 
assumed that only those facilities whose actual emissions are below 50 
percent of the major source thresholds (5 tpy for a single HAP and 12.5 
tpy for all HAP) would reclassify from major to area source status. 
Alternative scenario 2 assumed that sources below 125 percent of the 
major source thresholds (12.5 tpy for a single HAP and 31.25 tpy for 
all HAP) would reclassify from major to area source status. As part of 
the overall analysis of the 125 percent alternative scenario, we 
examined the potential control costs for major sources in a few source 
categories that may reduce HAP emissions as part of reclassifying to 
area HAP sources. Details of this potential control cost analysis are 
presented in the memorandum, ``Analysis of Illustrative 125% Scenario 
for MM2A Proposal--Potential Cost Impacts from HAP Major Sources 
Reducing Emissions as part of Reclassifying to HAP Area Sources,'' 
which is available in the docket for this action. Discussion of these 
scenarios and results can be found in the RIA for this proposal. The 
details of the cost analysis are presented in the memorandum, 
``Analysis of Potential Costs and Cost Savings Associated with 
Facilities Reclassifying as Area Sources,'' which is available in the 
docket for this action. A summary of the results of our illustrative 
cost and cost savings illustrative analysis is presented in Table 2.

                   Table 2--Results of Potential Costs and Cost Savings Illustrative Analysis
----------------------------------------------------------------------------------------------------------------
                                     Total number of
                                      facilities in        Facilities
             Coverage                source category      projected to       Potential net annual cost savings
                                     subject to major     obtain area                     (2014$)
                                      source NESHAP    source status \1\
----------------------------------------------------------------------------------------------------------------
71 source categories for which the              3,065      1,621 (52.9%)  $73.4 Million (yr 1).\3\
 EPA had RTR data.                                                        $86.4 Million (yr 2).\4\
Extrapolated source categories (35              3,034      1,383 (45.6%)  $69.8 Million (yr 1).
 categories) \2\.                                                         $80.9 Million (yr 2).
Industrial, commercial, and                     1,821        908 (49.9%)  $25.8 Million (yr 1).
 institutional boilers and process                                        $33.1 Million (yr 2).
 heaters (3 categories) \2\.
                                   -----------------------------------------------------------------------------
    Total \5\.....................              7,920      3,912 (49.4%)  $169.0 Million (yr 1).\6\
                                                                          $200.3 Million (yr 2).
----------------------------------------------------------------------------------------------------------------
\1\ Results are for the 75-percent cut-off scenario--whole facility emissions below 75 percent of the major
  source thresholds (7.5 tpy for one HAP and 18.75 tpy for combined HAP).
\2\ Extrapolated using the EPA's Enforcement and Compliance History Online (ECHO) data.
\3\ Costs incurred by sources and permitting authority assumed in year 1.
\4\ Year 2 impacts are also representative of annual impacts beyond year 2.
\5\ This analysis was done source category by source category. The one possibility for double counting is in the
  permitting costs incurred in year 1, which the EPA applied to each facility in each source category regardless
  of whether a permit change would cover more than one source category (for facilities subject to more than one
  major source NESHAP).
\6\ The analytic timeline begins in 2020 and continues thereafter for an indefinite period. Year 1 impacts are
  those for 1 year after 2020, and year 2 impacts are those for the second year after 2020 and annually
  afterwards.

    The EPA also estimated the PV of the illustrative cost savings for 
the main illustrative scenario and each alternative scenario. The PV is 
the value of a stream of impacts over time, discounted to the current 
(or nearly current) year. The PV of the cost savings for the primary 
illustrative scenario is $2.34 billion (in 2014 dollars) at a discount 
rate of 7 percent, which is discounted to 2016. At a discount rate of 3 
percent, the PV is $6.08 billion (in 2014 dollars), again discounted to 
2016. In 2016 dollars, these PVs are $2.39 billion at a 7-percent 
discount rate and $6.2 billion at a 3-percent discount rate, discounted 
to 2016. Another measure of the annual cost savings to complement the 
estimates in Table 2 is the EAV. This annual impact estimate is 
calculated consistent with the PV. The EAV is $164 million (2014 
dollars) and $167 million (2016 dollars) at a 7-percent discount rate 
for the primary scenario. At a 3-percent discount rate, the EAV is $183 
million (2014 dollars) and $187 million (2016 dollars). The PVs for 
each alternative scenario and discount rate in 2014 and 2016 dollars 
can be found in the RIA for the proposal.
    To assess the potential emission impact associated with the 
reclassification of sources, the EPA evaluated the sources that the EPA 
knows have reclassified to area source status consistent with the EPA's 
plain language reading of the CAA section 112 definitions of ``major'' 
and ``area'' source since January 2018. The review of these 
reclassifications provides a representation of the potential real-world 
impact on emissions by looking at the facts and circumstances of actual 
reclassification actions. In addition to the evaluation of the 
reclassification actions, the EPA performed an illustrative assessment 
for six source categories: Wood Furniture Manufacturing Operations, 
Surface Coating of Metal Cans, Surface Coating of Miscellaneous Metal 
Parts and Products, Wet-Formed Fiberglass Mat Production, Hydrochloric 
Acid (HCl) Production, and Non-Gasoline Organic Liquids Distribution 
(OLD). The analysis of these six source categories is informative in 
some respects but is only illustrative and speculative in nature and 
can only present a range of possible outcomes that is dependent on the 
assumptions that we made in the assessment. The details and results of 
the emission analysis are summarized below presented in detail in the 
emission impact analysis technical support memorandum, which is 
available in the docket for this action.\52\
---------------------------------------------------------------------------

    \52\ See Technical Support Memorandum (TSM): Emission Impacts 
Analysis for the Proposed Rulemaking ``Reclassification of Major 
Sources as Area Sources under Section 112 of the Clean Air Act.''
---------------------------------------------------------------------------

    The EPA reviewed permits associated with 34 reclassifications to 
area source status. Of the 34 sources reviewed for this analysis, 21 
sources can be classified as coating type sources; five as oil and gas 
sources; four as fuel

[[Page 36330]]

combustion/boiler sources, three as chemical sources and one as heavy 
industry. (See Table 2 of Emission Impacts Analysis TSM available in 
the docket for this action).\53\ To assess the potential for emission 
impacts due to reclassification, the EPA focused the review on the 
enforceable conditions associated with the HAP PTE limitations for the 
emission units previously subject to major source NESHAP requirements 
and whether the sources that reclassified will continue to use the 
major source NESHAP compliance obligations for these emission units as 
an enforceable condition on the source's PTE. A summary of the permit 
review and emission evaluation is presented in Table 2 and Appendix 1 
of the Emission Impacts Analysis TSM available in the docket for this 
action. The EPA's findings from the permit review and emission 
evaluation is that sources that reclassify to area source status would, 
in most cases, achieve and maintain area source status by operating the 
emission controls or continuing to implement the practices they used to 
comply with the major source NESHAP requirements. Below is an overview 
of the EPA's findings from the permit review and evaluation:
---------------------------------------------------------------------------

    \53\ As part of this review, the EPA identified one source 
subject to 40 CFR part 63, subpart WWWW (Reinforced Plastic 
Composite Production). As discussed above in the preamble, 40 CFR 
part 63, subpart WWWW contains a regulatory provision that reflects 
the 1995 OIAI policy. In this action, the EPA is proposing to revise 
Table 2 of subpart WWWW by removing the date after which a major 
source cannot become an area source. The existing provision will 
remain in effect until such time as it is revised or removed by 
final agency action.
---------------------------------------------------------------------------

     Of the 21 coating sources (Facilities #1-21 on Table 2 of 
Emission Impact Analysis TSM), 20 used compliant materials (low-HAP/no-
HAP) to meet applicable major source requirements, and their continued 
use of compliant materials is an enforceable condition after 
reclassification. Only one source (Facility #13) used a regenerative 
thermal oxidizer (RTO) to meet the applicable major source requirements 
and their continued use of the RTO is an enforceable condition after 
reclassification. Thus, the EPA does not expect emissions increases 
from those sources using compliant materials (low-HAP/no-HAP) both 
before and after reclassification. Similarly, for the coating source 
using the RTO, the permit for this source continues to require the use 
of an RTO ensuring a HAP destruction efficiency of 95 percent as an 
enforceable permit requirement. Therefore, we don't expect emissions 
increases resulting from the reclassification of this facility.
     All five oil and gas sources (Facilities #22-26 on Table 2 
of Emission Impact Analysis TSM), that reclassified or are in the 
process of reclassifying relied on the use of control technologies to 
meet applicable major source requirements before reclassification, and 
their continued use of these control technologies is an enforceable 
condition after reclassification. Four of these facilities (#22, #24, 
#25, and #26) were subject to the major source requirements of the Oil 
and Natural Gas Production NESHAP while one facility (#23) was subject 
to the major source requirements of the Stationary Reciprocating 
Internal Combustion Engines (RICE) NESHAP.
    [cir] The facility (#23) previously subject to the major source 
RICE NESHAP requirements, replaced old engines with new engines 
equipped with a catalytic oxidizer designed to reduce HAP emissions 
(formaldehyde by 90 percent) prior to the reclassification. Since 
reclassification, this facility continues to be subject to enforceable 
conditions on the operation of the engines and the catalytic oxidizer 
to reduce formaldehyde by 90 percent. Thus, we don't expect emissions 
increases resulting from the reclassification of this facility.
    [cir] Of the four facilities that were subject to the major source 
requirements of the Oil and Natural Gas Production NESHAP, two (#22 and 
#26) relied on the use of flares and enclosed combustion devices to 
meet applicable major source requirements before reclassification, and 
their continued use of these control technologies is required as an 
enforceable condition after reclassification. The permit for another 
facility (#24), as proposed, will impose enforceable emission 
restrictions for an existing installed and operating emissions unit and 
associated voluntarily installed and operated control device. The 
proposed enforceable conditions include the operation of an enclosed 
combustor to control the VOC and HAP emissions from a triethylene 
glycol dehydrator still vent. If these enforceable conditions are 
finalized, we don't expect emissions increases resulting from the 
reclassification of this facility. The last facility in this category 
(#25) took additional enforceable limits on the amount of low-pressure 
relief gas vented to the atmosphere to ensure emissions of the 
individual HAP 2,2,4-trimethylpentane (largest individual HAP for the 
gas compression/venting operation) emissions are below 10 tpy. This 
enforceable limitation ensures HAP emissions will not increase as a 
result of the modification to vent the low-pressure gas directly to the 
atmosphere instead of being recovered in a vapor recovery unit. Without 
the enforceable limitations in the amount of low-pressure relief gas 
vented to the atmosphere, emissions from the gas compression/venting 
would have increased (uncontrolled PTE) to 10.3 tpy for the largest 
individual HAP. The actions taken by this facility to reclassify to 
area source status resulted in emission reductions.
     Of the four fuel combustion/boiler sources (Facilities # 
27-30 on Table 2 of Emission Analysis TSM), three of these sources 
(#27, #28, #29) had emissions above the major source thresholds as 
reported in the 2014 National Emission Inventory (NEI). To reclassify, 
these sources either ceased combustion of coal, ceased operation of 
boilers, or obtained enforceable restrictions on the combustion of 
natural gas. For each of these three sources, their actions to 
reclassify resulted in a reduction of HAP emissions. Another source 
(#30) relied on material limits and operational restrictions on natural 
gas usage to meet the applicable major source requirements, and the 
continued use of these compliance methods is required by an enforceable 
condition after the reclassification. Thus, the EPA does not expect 
emission increases from the reclassification of this source.
     Two of the chemical sources are gasoline distribution 
facilities (Facilities #31 and #33 on Table 2 of Emission Analysis 
TSM). These facilities were subject to 40 CFR part 63, subpart R and 
relied on vapor flare/vapor combustion to meet the major source 
requirements before reclassification, and their continued use of this 
control technology is required as an enforceable condition after 
reclassification. Since reclassification, their permit continues to 
require the operation of the vapor flare/vapor combustor at all times 
when the facility's loading racks are loading gasoline into transports. 
These sources are now subject to the area source NESHAP requirements in 
40 CFR part 63, subpart BBBBBB that regulate emissions from tanks, 
transfer racks, roof landings, and maintenance. For these facilities, 
the EPA reviewed the operating parameters associated with the vapor 
flare/vapor combustion. The permit for one facility (#31) includes a 
requirement for annual periodic testing in addition to the continuous 
monitoring of the presence of the pilot flame to ensure that the 
enclosed combustor is operational when loading operations occur. The 
annual performance test together with the monitoring of the presence of 
the flame ensure operation and performance. We,

[[Page 36331]]

therefore, do not expect emission increases due to the reclassification 
of this source. The other gasoline distribution facility (#33) 
continues to be subject to flare operating and monitoring requirements 
in 40 CFR part 60, subpart XX (New Source Performance Standards for 
Bulk Gasoline Terminals). The flare operating and monitoring 
requirements in 40 CFR part 60, subpart XX are identical to those that 
the source was previously subject to under 40 CFR part 63, subpart R. 
This permit also requires testing for specific HAP associated with the 
vapor combustor to ensure operation and performance. We do not expect 
emission increases due to the reclassification of this source.
     As for the incinerator (Facility #32 on Table 2 of 
Emission Analysis TSM), the source continues to be subject to the same 
NESHAP requirements in 40 CFR part 63, subpart EEEE as before 
reclassification, and it has been reclassified for purposes of 
applicability with 40 CFR part 63, subpart DD (Off-Site Waste Recovery 
Operations), which covers emissions from tanks and equipment leaks. 
This source relied on control technologies (fixed roofs with closed 
vents systems routed to carbon absorption units) as their method of 
compliance before reclassification and is required by an enforceable 
condition to continue to operate the same control technologies after 
reclassification. The source is also subject to Resource Conservation 
and Recovery Act (RCRA) regulation/permit requirements. The RCRA permit 
for this facility requires the source to control emissions by venting 
the tanks through closed vent systems to carbon adsorption units 
designed and operated to recover the organic vapors vented to them with 
an efficiency of 95 percent or greater by weight. The tanks shall be 
covered by a fixed roof and vented directly through the closed vent 
system to a control device. Therefore, we don't expect emissions 
increases due to the reclassification of this source.
     As for the lime manufacturing plant (Facility #34 on Table 
2 of Emission Analysis TSM), after reclassification this source remains 
subject to other regulatory obligations, including PM emission 
limitations, use of a baghouse, and monitored opacity as an operating 
limit with operation of a COMS. Because of the inherent scrubbing 
properties of lime and the requirements for the use of a baghouse, we 
don't expect emissions increases resulting from the reclassification of 
this facility.
    The results of the analysis of these reclassifications show that 
three sources with NEI 2014 emissions above the major source thresholds 
took actions that reduced their emissions below what is required by 
their previously applicable major sources NESHAP and to below the major 
source thresholds in order to reclassify to area source status. The 
results also support the conclusion that the remaining 31 sources that 
reclassified from major to area source status since January 2018 will 
have no change in emissions. We request comments on the analysis of the 
reclassification actions presented above and in more details in the 
Emission Impact Analysis TSM available in the docket (Comment C-56). 
Specifically, we request comments on whether there are other factual 
factors to consider for the emission evaluation of these 
reclassifications (Comment C-57).
    In addition to the evaluation of the reclassification actions 
presented above, the EPA performed an illustrative assessment for six 
source categories: Wood Furniture Manufacturing Operations, Surface 
Coating of Metal Cans, Surface Coating of Miscellaneous Metal Parts and 
Products, Wet-Formed Fiberglass Mat Production, HCl Production, and 
Non-Gasoline OLD. The analysis of these six source categories is 
informative in some respects but is only illustrative and speculative 
in nature and can only present a range of possible outcomes that is 
dependent on the assumption that we made in the assessment. The 
following discussion summarizes the illustrative emission impact 
analysis and results of it. The full discussion of the illustrative 
analysis, including the rationale for our key assumptions and 
assessments, is presented in the technical support memo for the 
emission analysis, which is available in the docket for this 
action.\54\
---------------------------------------------------------------------------

    \54\ See Technical Support Memorandum: Emission Impacts Analysis 
for the Proposed Rulemaking ``Reclassification of Major Sources as 
Area Sources under Section 112 of the Clean Air Act.'' Available in 
the docket for this rulemaking.
---------------------------------------------------------------------------

    Consistent with the review and evaluation of the reclassification 
actions, the illustrative analysis focuses on whether sources in the 
evaluated source categories could adjust the types of add-on control 
equipment used to comply with the major source NESHAP requirements upon 
reclassification. The EPA considered two set of assumptions for the 
illustrative analysis. The first set of assumptions aligns with the 
findings of our permit review presented above in which sources continue 
to use the same compliance obligations before and after 
reclassification and add-on controls are not adjusted to decrease 
control efficiency after the source is reclassified. The second set of 
assumptions addresses sources that limits and use adjustable add-on 
controls, estimating possible emission impacts if these sources were 
allowed by their regulatory authority (i.e., permitting authority) to 
change the operating parameters of the adjustable add-on controls after 
reclassifying.
    To assess the potential for emission changes if sources taking HAP 
PTE limitations were to be allowed by their permitting authority to 
change the operating parameters of adjustable add-on control, we 
assumed the following:
     For a source category employing adjustable controls, 
emissions could potentially increase for all facilities with actual 
emissions below the 75-percent thresholds.
     For sources with only a single HAP reported in the NEI and 
an adjustable control, a potential increase in emissions was calculated 
as the difference between 7.5 tpy and the estimate of the single 
largest HAP. Otherwise, the potential emissions increase was estimated 
as the larger difference between 18.75 tpy and the estimate of total 
HAP emissions and between 7.5 tpy and the single HAP emissions.
    For our illustrative assessment, we also considered whether other 
non-HAP regulatory requirements apply to the facilities that could 
potentially reclassify and increase emissions that would provide some 
level of control of HAP from the source/pollutants (i.e., NSPS, control 
techniques guidelines, etc.) and the extent to which those other 
regulatory requirements would serve as a backstop that would prevent 
emission increases and whether area source NESHAP requirements would 
apply to a source that reclassifies. The details of our illustrative 
emission analysis, including the rationale for our key assumptions and 
assessments, are presented in the TSM for the emission analysis, which 
is available in the docket for this action. A summary of the findings 
of our illustrative emission impact assessment for the six source 
categories analyzed is presented in Table 3.
    The results of our illustrative analysis show that for many 
facilities, the reclassification from major source to area source 
status is not expected to result in an increase in that source's HAP 
emissions. The analysis also shows that for many sources there are 
backstops in place that would prevent emission increases (e.g., other 
non-HAP regulatory requirements that also provide for HAP control). The 
analysis also shows that for some source categories, no emissions 
increases, and some emission decreases can be

[[Page 36332]]

anticipated. Finally, the results of our illustrative analysis show 
that, for some facilities, there could be a potential for emission 
increases. However, when the regulatory authority reviews the 
application for a new or revised permit to reclassify a major source as 
an area source under section 112 of the CAA, the regulatory authority 
will consider the current and proposed HAP emissions levels and 
evaluate the potential for emission increases due to reclassification 
and whether safeguards are needed to prevent any emission increases due 
to reclassification.
    We solicit comments on our emission analysis (analysis of 
reclassification actions and illustrative analysis) and illustrative 
control cost analysis for five source categories discussed above and in 
the docket for this proposed rule, and in general on the potential 
impacts on emissions resulting from the reclassification of major 
sources to area source status (Comment C-58). In particular, the EPA is 
interested in data and analysis on the number and type of major sources 
that may reclassify from major source to area source status and whether 
the HAP emissions from those sources will decrease or increase or stay 
the same (Comment C-59).

                      Table 3--Results of Potential Emission Impacts Illustrative Analysis
----------------------------------------------------------------------------------------------------------------
                                                                                    Additional
                                   Number of      Facilities                        facilities
                                 facilities in   projected to       Range of       projected to      Range of
 Source category, 40 CFR part       source        obtain area     potential HAP    obtain  area    potential HAP
          63 subpart               category      source status   increases (tpy)   source status     decreases
                                  subject to    at 75% cut-off   at 75% cut-off    at 125% cut-    (tpy) at 125%
                                 major source      scenario/                      off  scenario/      cut-off
                                    NESHAP          percent                           percent
----------------------------------------------------------------------------------------------------------------
Wood Furniture, subpart JJ....             333         250/75%  0...............           26/8%           0-125
Metal Cans, subpart KKKK......               5           1/20%  0...............           2/40%             0-4
Miscellaneous Metal Parts and              371         268/72%  0...............          46/12%           0-160
 Products, subpart MMMM.
Wet Formed Fiberglass, subpart               7           5/71%  0-6 single HAP;                0               0
 HHHH.                                                           0-33 combined
                                                                 HAP.
HCl Production, subpart NNNNN.              19           3/16%  0-11 single HAP;           2/11%             0-4
                                                                 0-27 combined
                                                                 HAP.
Non-Gasoline OLD, subpart EEEE             177          82/46%  0-1,140 combined          19/11%            0-77
                                                                 HAP.
----------------------------------------------------------------------------------------------------------------

    The emission analysis of the 34 reclassification shows for most 
sources that have reclassified or are in the process of reclassifying 
the reclassification to area source status will have no change in the 
sources' emissions. Specifically, the information that we have shows 
that 31 of 34 sources will have no change on their emissions as a 
result of reclassification. The analysis also shows that for three 
sources the actions the reclassification resulted in additional 
emission reductions.
    The illustrative control cost analysis conducted under the 125% 
scenario considered the potential control costs associated with major 
sources reducing emissions as part of reclassifying to area sources in 
five source categories. For two source categories (miscellaneous metal 
parts and products, and wood furniture manufacturing operations), we 
find some potential for the cost savings to be greater than the 
illustrative control costs. More information on the analysis can be 
found in the Illustrative 125% Scenario Cost Considerations Memorandum 
that is in the docket for this proposed rulemaking.
    Based on the results of the EPA's analysis of the reclassifications 
of 34 sources and the illustrative control cost analysis of five source 
categories, this proposed rule may potentially result in both emission 
reductions and increases from a broad array of affected sources. We are 
uncertain as to the magnitude, direction, and distribution of changes 
in emissions across the broad array of affected sources resulting from 
this rulemaking. As we discuss above and in the docket of this proposed 
rule, the emissions from different sources will be impacted in 
different ways. Thus, we are unable to quantify the changes in 
emissions across these sources. In place of quantitative estimates of 
the number and economic value of the pollutant changes, we instead 
characterize these impacts in qualitative terms. For more information 
on this qualitative characterization, please refer to the benefits 
analysis included in section 5 of the RIA for this proposed action.
    The economic impact analysis (EIA), an analysis that is included in 
the RIA, focuses on impacts at an industry level and impacts are 
calculated for the scenario in which only facilities whose actual 
emissions are below 75 percent of the major source thresholds would 
reclassify from major to area source status. As part of the EIA, the 
EPA considered the impact of this rulemaking to small entities (small 
businesses, governments, and non-profit organizations). Impacts are 
calculated as compliance costs (savings, in this instance) as a percent 
of sales for businesses, and of budgets for other organizations. For 
informational purposes, the RIA includes the Small Business 
Administration's (SBA) definition of small entities by affected 
industry categories (defined as North American Industry Classification 
System) and potential burden reductions from title V and other 
permitting programs. Since this rule significantly lessens the 
regulatory burden resulting from ending the OIAI policy, no compliance 
costs are imposed upon industry categories as a result of this 
proposal. These avoided costs accrue because some reclassified sources 
will not be required to obtain or maintain a title V permit or continue 
meeting major source administrative requirements under section 112 of 
the CAA. Some of the facilities benefitting from this action are owned 
by small entities, and these entities along with large entities will 
experience a reduction in costs from the burden reductions that would 
take place as a result of this rule.
    We find that the results of the EIA for the primary scenario show 
that the annual cost savings per sales for all affected industries is 
around 0.1 percent, using the median of these estimates, which is 
approximately $9.1 billion per affected industry, to determine average 
impact. The details of the EIA and impacts on employment are presented 
in the RIA of the MM2A proposal, as well as results of the EIA

[[Page 36333]]

for the other two alternative scenarios, which is available in the 
docket for this action.

VII. Request for Comments

    Interested persons may submit comments on any matter that is 
relevant to this proposed rule. Further, the EPA is expressly 
soliciting comment on numerous aspects of the proposed rule in various 
places in this preamble. The EPA has indexed each comment solicitation 
with an alphanumeric identifier (e.g., ``C-1,'' ``C-2,'' ``C-3'') to 
provide a consistent framework for effective and efficient provision of 
comments. Accordingly, the EPA asks that commenters include the 
corresponding identifier when providing comments relevant to that 
comment solicitation. The EPA asks that commenters include the 
identifier in a heading or within the text of each comment (e.g., ``In 
response to solicitation of comment C-1, . . .'') to make clear which 
comment solicitation is being addressed. The EPA emphasizes that the 
Agency is not limiting comments to these identified areas and 
encourages submission of any other comments relevant to this proposal.
    Below we provide a list of the areas the EPA is expressly 
soliciting comments on. The EPA invites comments:
     On whether there are any other regulatory provisions in 
any of the individual NESHAP subparts that would warrant modification 
or clarification consistent with this proposal (Comment C-1 and Comment 
C-53).
     On all aspects of this proposal, including the EPA's 
position that the withdrawal of the OIAI policy and the proposed 
approach gives proper effect to the statutory definitions of ``major 
source'' and ``area source'' in CAA section 112(a) and is consistent 
with the plain language and structure of the CAA as well as the impacts 
of the proposal on costs, benefits, and emissions impacts (Comment C-
2).
     On (1) to what extent will theoretical emission increase 
scenarios actually occur, including (a) what emissions restrictions 
will be put in place as part of the PTE HAP limits that a major source 
takes to be reclassified as an area source and (b) whether other 
regulatory controls are in place and applicable to sources after 
reclassification that will either continue to restrict the source from 
emitting above the major source standard or prevent an emissions 
increase after reclassification; and (2) whether the EPA should adopt 
regulatory text to establish safeguards to prevent emissions increases 
following reclassification (Comment C-3).
     With respect on whether the EPA should adopt regulatory 
text to establish safeguards to prevent emissions increases, the EPA is 
seeking comment on what legal basis the agency would have for requiring 
such safeguards (Comment C-4).
     On the EPA's rationale for separating the timing of 
reclassification from the sufficiency of the PTE limits that support 
reclassification (Comment C-5).
     On whether a requirement that PTE limits must include 
safeguards to prevent emissions increases is a reasonable reading of 
the ambiguous phrase ``potential to emit considering controls'' in 
light of the other provisions in CAA section 112 (Comment C-6).
     On whether the arguments presented in opposition to EPA's 
plain language reading on timing are appropriately considered on the 
question of the sufficiency of the PTE limit and support the conclusion 
that PTE limits used to support reclassification must not allow sources 
to increase emissions as a result of reclassification (Comment C-7).
     Assuming that requiring safeguards against emission 
increases in PTE limits is a reasonable reading of the statute, the EPA 
is seeking comment on what safeguards should be required (Comment C-8).
     On whether it is reasonable and appropriate to require 
safeguards against emission increases following reclassification 
(Comment C-9).
     On the EPA's plain language reading discussed above and to 
provide specific examples of, and/or provide additional information on 
these and any other reasons why allowing major sources to reclassify as 
areas sources would or would not increase emissions from such sources 
and may even lead to a reduction in their emissions (Comment C-10).
     On whether the Agency's reading is a permissible 
interpretation of the statute even if it is not the only possible 
reading (Comment C-11).
     On whether it would be appropriate to include in the 
General Provisions of 40 CFR part 63 the minimum requirements that a 
major source of HAP must submit to its regulatory authority when 
seeking to obtain HAP PTE limitations to reclassify as area sources 
under section 112 of the CAA (Comment C-13), and on whether adding the 
same or similar requirements that are now in 40 CFR 49.158(a)(1) to 40 
CFR 63.10 would be appropriate to create the minimum requirements that 
a major source of HAP must submit to its regulatory authority when 
seeking to obtain PTE HAP limitations to reclassify as area sources 
under section 112 of the CAA (Comment C-15).
     On whether the EPA should include in the General 
Provisions to 40 CFR part 63 the hierarchy of acceptable data and 
methods a source seeking reclassification would use to determine the 
source PTE. This hierarchy could be the same or similar to the one 
provided in 40 CFR 49.158(a)(2) (Comment C-14 and Comment C-16).
     On the proposed criteria required for effective HAP PTE 
limits for purposes of determining whether a source is a major source 
under 40 CFR 63.2 and whether the EPA's proposed criteria and their 
corresponding elements are necessary and sufficient to ensure HAP PTE 
limits are effective to support reclassification of a major source to 
an area source (Comment C-12, Comment C-17, Comment C-18, Comment C-19, 
Comment C-26, Comment C-27).
     On the proposed legally enforceable criterion that HAP PTE 
limits must identify the legal authority under which the limits are 
being issued, the appropriateness of this requirement, and on whether 
there are other considerations that warrant being part of the criterion 
of legal authority to issue HAP PTE limits (Comment C-21).
     On whether state-only or local-only enforcement authority 
alone is sufficient to impose a credible risk of enforcement and, 
therefore, ensure compliance with the HAP PTE limits, or whether to be 
effective, the EPA and/or citizens, through the enforcement authorities 
in the CAA must also have the authority to enforce the HAP PTE limits 
that are being used to avoid a federal requirement (Comment C-22).
     On whether enforceability of a PTE limit by the EPA and/or 
citizens reduces the implementation burden for all parties and provides 
a level of compliance incentive unmatched by enforcement by only a 
state or local authority that warrants it to be part of the 
effectiveness criteria (Comment C-23).
     On the inclusion of the specific considerations for 
monitoring, discussed above in the General Provisions of 40 CFR part 63 
proposed regulatory text defining practicably enforceable (Comment C-
24) and on whether other criteria are needed to ensure the emission 
limitations are practicably enforceable (Comment C-50).
     On whether, as a result of this rulemaking, facility 
owners or operators of sources that reclassify will cease to properly 
operate their control devices

[[Page 36334]]

where the operation of the control device is needed to restrict the PTE 
and appropriate MRR are established as enforceable conditions (Comment 
C-25).
     On whether there are other criteria that should be 
required for ensuring effectiveness of HAP PTE limits including whether 
public notice and comment procedures should be part of the required 
effectiveness criteria (Comment C-20, Comment C-13, Comment C-19).
     On whether to be effective, HAP PTE limits need to undergo 
public notice and comment procedures (Comment C-28, Comment C-30, 
Comment C-35).
     On whether HAP PTE limits can be properly and legally 
established if the limits do not go through public notice and comment 
procedures (Comment C-29).
     On how requiring public comment and notice procedures for 
issuance of HAP PTE limits enhance or is needed for ensuring 
effectiveness of such limits (Comment C-31).
     On whether the concerns raised in the past are still an 
issue if EPA were to require that HAP PTE limits that will be used as 
the basis for reclassifying major sources to area source status need to 
be subject to a public notice and comment procedures (Comment C-32).
     On whether there are specific criteria for deciding under 
what circumstances a source's proposed HAP PTE limits would need to 
undergo public review and comment under the state or local program 
(e.g., controversial or complex sources, sources with actual emissions 
close to the major source thresholds, etc.) (Comment C-33).
     Given that the EPA recognizes that some state-programs may 
process HAP PTE limits concurrently with a minor NSR or other 
permitting action such that the EPA and the interested public would 
have the opportunity to provide comments on PTE limits in that case, on 
whether the public notice and comment procedures provided in those 
circumstances would be sufficient (Comment C-34).
     On the appropriateness of the proposed case-by-case 
compliance extension date approach, including, for example, the type of 
information that should be requested from the source seeking the 
proposed compliance extension and whether the limitations proposed 
above (i.e., the compliance extension is only available if the affected 
source must undergo a physical change or install additional control 
equipment to meet the area source NESHAP) are appropriate (Comment C-
36).
     On the appropriate process for requesting the compliance 
extension and on the mechanics of obtaining the compliance extension 
(Comment C-37).
     On whether the proposed compliance date extension 
provision in 40 CFR 63.1(c)(6)(i) should be available to major sources 
that reclassify to area source status prior to the compliance date of 
an applicable area source standard, to the extent that the remaining 
time before the compliance date is not sufficient time for the source 
to comply (Comment C-38).
     On whether our information and expectations that sources 
that reclassify to area source status would in most cases, if not all, 
achieve and maintain area source status by operating the emission 
controls or continuing to implement the practices (i.e., use of no-HAP 
or low-HAP compliant coating) they used to meet the major source NESHAP 
requirements are correct (Comment 39) on the proposed compliance time 
frame for sources that reclassify from major source to area source and 
then revert back to major source status, and whether the proposed 
regulatory text in 40 CFR 63.1(c)(6)(ii)(B) adequately captures the 
intended exception if the major source standard has changed such that 
the source must undergo a physical change, install additional emission 
controls, and/or implement new emission control measures (Comment C-
40).
     On the appropriateness of the proposed immediate 
compliance rule for sources that reclassify between major and area 
source status more than once and whether such a rule should be 
finalized, and on whether, if it is finalized, there are other 
situations in addition to the one noted above that would necessitate an 
extension of the time period specified for compliance with the major 
source NESHAP requirements. (Comment C-41, Comment C-42).
     Or whether the EPA should instead allow all sources that 
revert back to major source status a specific period of time in which 
to comply with the major source NESHAP requirements which would be 
consistent with the approach provided for in 40 CFR 63.6(c)(5) and to 
the extent a commenter proposes a compliance time frame, we request 
that the commenter explain the basis for providing that time frame with 
enough specificity for the EPA to evaluate the request (Comment C-43, 
Comment C-44, Comment C-45).
     On the mechanics of obtaining a compliance extension if a 
case-by-case approach is finalized, including, for example, the type of 
information to request from the source seeking the proposed compliance 
extension, the process to be used to obtain the extension, and any 
limitations on providing extensions (Comment C-46).
     On the approach of providing a specified compliance 
extension in the final rule for certain defined factual scenarios 
(Comment C-47) and on the nature of the scenario that would warrant 
such an extension, the specific amount of additional time that would be 
needed to comply with the major source NESHAP requirements and why such 
a period of time is needed to comply (Comment C-48).
     On whether a source that cannot immediately comply with 
previously or newly applicable major source NESHAP requirements at the 
time it requests reclassification should be required to continue to 
comply with the HAP PTE limits until the source can comply with the 
corresponding major source NESHAP requirements (Comment C-49).
     On the proposed amendment to remove the time limit for 
record retention in 40 CFR 63.10(b)(3) so sources that obtain new 
enforceable PTE limits are required to keep the required record of the 
applicability determinations until the source becomes subject to major 
source requirements (Comment C-51).
     On whether any other NESHAP subparts warrant amendment to 
reference the new General Provision 40 CFR 63.1(c)(6) or the CEDRI 
submission procedures in 40 CFR 63.9(k) (Comment C-52).
     The EPA specifically requests information and specific 
examples of sources that would consider investing in additional 
emissions reduction measures, including changing processes or 
installing additional emission controls (intrinsic to the source or 
additional add-on controls), installing new lower emitting equipment, 
or implementing P2 initiatives to avail themselves of the potential to 
seek reclassification to area source status (Comment C-54). The Agency 
is interested both in comments in which the commenters themselves would 
consider investing in additional emissions reduction measures, and 
comments identifying specific types of facilities that would be able to 
invest in additional emissions reduction measures (Comment C-55).
     On the analysis of the reclassification actions presented 
above and in more details in the Emission Impacts Analysis TSM 
available in the docket. (Comment C-56) and on whether there are other 
factual factors to consider for the emission evaluation of these 
reclassifications (Comment C-57).

[[Page 36335]]

     On our emissions analysis (analysis of reclassification 
actions and illustrative analysis) and illustrative control cost 
analysis discussed above and in the docket for this proposed rule, and 
in general on the potential impacts on emissions resulting from the 
reclassification of major sources to area source status (Comment C-58). 
In particular, the EPA is interested in data and analysis on the number 
and type of major sources that may reclassify from major source to area 
source status and whether the HAP emissions from those sources will 
decrease or increase or stay the same (Comment C-59).
    Finally, as noted above, even though the EPA is expressly 
soliciting comment on numerous aspects of the proposed rule, the EPA 
emphasizes that the Agency is not limiting comment to these identified 
areas and encourages submission of any other comments relevant to this 
proposal. For any other comments relevant to this proposal, the 
submission can be identified by identifier (C-other).

VIII. The Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is an economically significant regulatory action that 
was submitted to the Office of Management and Budget (OMB) for review. 
Any changes made in response to OMB recommendations have been 
documented in the docket. The EPA prepared an analysis of the potential 
costs and benefits associated with this action. This analysis, the RIA 
for the proposed MM2A rule, is available in the docket and is 
summarized in section I.C of this preamble.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory 
action. Details on the estimated potential cost savings of this 
proposed rule can be found in the RIA that is the EPA's analysis of the 
potential costs and benefits associated with this action.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. Specifically, this rule requires the electronic 
reporting of the one-time notification of the already required in 40 
CFR 63.9(j) in the case where the facility is notifying of a change in 
major source status. OMB has previously approved the information 
collection activities contained in the existing regulations. These 
amendments would neither require additional reports nor require that 
additional content be added to already required reports. Therefore, 
this action would not impose any new information collection burden. 
Sources reclassifying to area source status may experience some burden 
reduction as they would no longer be subject to major source NESHAP 
requirements. Any changes in MRR would be done through the regulatory 
mechanism of the responsible regulatory authority. It is not possible 
to identify how many sources would choose to reclassify, nor is it 
possible to determine what, if any, changes to reporting and 
recordkeeping would be made. Regulatory authorities may, in fact, 
choose to establish NESHAP provisions themselves as the enforceable PTE 
limits and change little or nothing.
    Furthermore, approval of an information collection request (ICR) is 
not required in connection with these proposed amendments. This is 
because the General Provisions do not themselves require any reporting 
and recordkeeping activities, and no ICR was submitted in connection 
with their original promulgation or their subsequent amendment. Any 
recordkeeping and reporting requirements are imposed only through the 
incorporation of specific elements of the General Provisions in the 
individual MACT standards which are promulgated for particular source 
categories which have their own ICRs.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule.
    Small entities that are subject to major source NESHAP requirements 
would not be required to take any action under this proposal; any 
action a source takes to reclassify as an area source would be 
voluntary. In addition, we expect that sources that reclassify will 
experience cost savings that will outweigh any additional cost of 
achieving area source status. The only cost that would be incurred by 
regulatory authorities would be the cost of reviewing a sources' 
application for area source status and issuing enforceable HAP PTE 
limits. No small government jurisdictions operate their own air 
pollution control permitting agencies, so none would be required to 
incur costs under the proposal. In addition, any costs associated with 
the reclassification of major sources as area sources (i.e., 
application reviews and PTE issuance) are expected to be offset by 
reduced Agency oversight obligations for sources that no longer must 
meet major source NESHAP requirements.
    Based on the considerations above, we have, therefore, concluded 
that this action will relieve regulatory burden for all regulated small 
entities that reclassify to area source status. Nevertheless, we 
continue to be interested in the potential impacts of the proposed 
amendments on small entities and welcome comments on issues related to 
such impacts. We also note that a small entity analysis, prepared at 
the discretion of the EPA, reflecting the relief in regulatory burden 
was prepared for this proposal and is included in the RIA, which is 
available in the public docket for this rulemaking. The results of this 
small entity analysis show relatively small reductions in burden 
estimate annual costs (about 0.10 percent) as a percentage of sales 
using the median estimate as the average of impacts.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C 1531-1538, and does not 
significantly or uniquely affect small governments. This action imposes 
no enforceable duty on any state, local, or tribal governments, or the 
private sector.

F. Executive Order 13132: Federalism

    This action 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.

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

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments,

[[Page 36336]]

nor preempt tribal law. There are two tribes that currently implement 
title V permit programs and one that implements an approved TIP for 
minor source permitting, which also has a major source. As a result, 
these tribes may have additional actions needed for sources in their 
jurisdiction. In addition, any tribal government that owns or operates 
a source subject to major source NESHAP requirements would not be 
required to take action under this proposal; the provisions in the 
proposed amendments would be strictly voluntary. In addition, achieving 
area source status would result in reduced burden on any source that no 
longer must meet major source NESHAP requirements. Under the proposed 
amendments, a tribal government with an air pollution control agency to 
which we have delegated CAA section 112 authority would be required to 
review permit applications and to modify permits as necessary. However, 
any burden associated with the review and modification of permits will 
be offset by reduced Agency oversight obligations for sources no longer 
required to meet major source requirements. The EPA specifically 
solicits comment on the proposed amendments from tribal officials and, 
consistent with EPA policy, intends to specifically offer to consult 
with the potentially impacted tribes and other tribes on their request.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action does not establish an 
environmental standard intended to mitigate health or safety risks. 
This action implements the plain reading of the statutory definitions 
of major source and area source of section 112 of the CAA and, 
therefore, is not subject to Executive Order 13045.

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

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. We have concluded that this proposal is 
not likely to have any adverse energy effects.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This action is not subject to Executive Order 12898 (59 FR 7629, 
February 16, 1994) because it does not establish an environmental 
health or safety standard. The proposed amendments to the General 
Provisions are procedural changes and does not impact the technology 
performance nor level of control of the NESHAP governed by the General 
Provisions.

L. Determination Under Section CAA 307(d)

    Pursuant to CAA section 307(d)(1)(V), the Administrator determines 
that this action is subject to the provisions of CAA section 307(d). 
Section 307(d)(1)(V) of the CAA provides that the provisions of CAA 
section 307(d) apply to ``such other actions as the Administrator may 
determine.''

List of Subjects in 40 CFR Part 63

    Environmental protection, Area sources, General provisions, Major 
sources, Potential to emit, Hazardous air pollutants.

    Dated: June 25, 2019.
Andrew R. Wheeler,
Administrator.
    For the reasons set forth in the preamble, the EPA proposes to 
amend 40 CFR part 63 as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation part 63 continues to read as follows:

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

Subpart A--General Provisions

0
2. Add Sec.  63.1(c)(6) to read as follows:


Sec.  63.1  Applicability.

* * * * *
    (c) * * *
    (6) A major source may become an area source at any time by 
limiting its potential to emit (PTE) hazardous air pollutants, as 
defined in this subpart, to below the major source thresholds 
established in Sec.  63.2, subject to the provisions in paragraphs 
(c)(6)(i) through (iii) of this section. Until the PTE limitations 
become effective, the source remains subject to major source 
requirements. After the PTE limitations become effective, the source is 
subject to any applicable requirements for area sources.
    (i) A major source that becomes an area source must meet all 
applicable area source requirements promulgated under this part 
immediately upon becoming an area source, provided the first 
substantive compliance date for the area source standard has passed, 
except that the regulatory authority may grant additional time, up to 3 
years, if the source must undergo physical changes or install 
additional control equipment in order for the source (or portion 
thereof) to comply with the applicable area source standard and the EPA 
(or a delegated authority), determines that such additional time is 
warranted based on the record. A source seeking additional compliance 
time must submit a request to the EPA (or a delegated authority), that 
identifies the area source standard; the steps that must be taken to 
come into compliance with the standard; the amount of additional time 
requested to come into compliance with the standard, and a detailed 
justification supporting the requested additional time. Owners and 
operators of major sources that become area sources subject to 
standards under this part must comply with the initial notification 
requirements of Sec.  63.9(b), unless the source was previously subject 
to that area source standard and such notification was previously 
submitted. Owners and operators of major sources that become area 
sources must also provide to the Administrator any change in the 
information already provided under Sec.  63.9(b) per Sec.  63.9(j).
    (ii)(A) A major source subject to standards under this part that 
subsequently becomes an area source, and then later becomes a major 
source again by increasing its emissions to at or above the major 
source thresholds, must comply with the major source requirements of 
this part immediately upon becoming a major source again, 
notwithstanding Sec.  63.6(c)(5), except as noted in paragraph 
(c)(6)(ii)(B) of this section. Such major sources must comply with the 
notification requirements of Sec.  63.9(b).
    (B) If a source becomes subject to the standard for major sources 
again, but that standard has been revised since the source was last 
subject to the standard and, in order to comply, the source must 
undergo a physical change, install additional emission controls and/or 
implement new control measures, the owner or operator will have up to 
the same amount of time to comply as the amount of time allowed for 
existing sources subject to the revised standard.

[[Page 36337]]

    (iii) Becoming an area source does not absolve a source subject to 
an enforcement action or investigation for major source violations or 
infractions from the consequences of any actions occurring when the 
source was major. Becoming a major source does not absolve a source 
subject to an enforcement action or investigation for area source 
violations or infractions from the consequences of any actions 
occurring when the source was an area source.
* * * * *
0
3. Amend Sec.  63.2 by:
0
a. Adding the definition ``Legally enforceable'' in alphabetical order;
0
b. Revising the definition ``Potential to emit''; and
0
c. Adding the definition ``Practicably enforceable'' in alphabetical 
order.
    The additions and revision read as follows:


Sec.  63.2  Definitions.

* * * * *
    Legally enforceable means that an emission limitation or other 
standard meet the following criteria:
    (1) Must identify the legal authority under which the limitation or 
standards are being issued.
    (2) Must provide the right for the issuing authority to enforce it.
* * * * *
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions 
is legally and practicably enforceable as defined in this subpart 
(i.e., effective).
    Practicably enforceable means that an emission limitation or other 
standards meet the following criteria:
    (1) Must be written so that it is possible to verify compliance and 
to document violations when enforcement action is necessary.
    (2) Must specify a technically accurate numerical limitation and 
identify the portions of the source subject to the limitation. The time 
frame for the limitation (e.g., hourly, daily, monthly and annual 
limits such as annual limits rolled on a monthly basis) must take into 
account the type of restriction employed (an indirect indicator of 
emissions such as a CMS limit should have a shorter time frame than a 
direct measurement to account for the layers of complexity between 
direct measurement of HAP and the limitation).
    (3) Must specify the method of determining compliance, including 
appropriate monitoring, recordkeeping, and reporting. The monitoring, 
recordkeeping, and reporting requirements must be sufficient to 
demonstrate compliance with the emissions limitations of each 
pollutant.
* * * * *
0
4. Revise Sec.  63.6(c)(1) to read as follows:


Sec.  63.6  Compliance with standards and maintenance requirements.

* * * * *
    (c) Compliance dates for existing sources. (1) After the effective 
date of a relevant standard established under this part pursuant to 
section 112(d) or 112(h) of the Act, the owner or operator of an 
existing source shall comply with such standard by the compliance date 
established by the Administrator in the applicable subpart(s) of this 
part. Except as otherwise provided for in section 112 of the Act, in no 
case will the compliance date established for an existing source in an 
applicable subpart of this part exceed 3 years after the effective date 
of such standard. Except as provided in Sec.  63.1(c)(6)(ii) such 
sources must comply by the date specified in the standards for existing 
area sources that become major sources.
* * * * *
0
5. In Sec.  63.9, revise paragraphs (b)(1)(ii) and (j) and add 
paragraph (k) to read as follows:


Sec.  63.9  Notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (ii) If an area source subsequently increases its emissions of 
hazardous air pollutants (or its potential to emit hazardous air 
pollutants) such that the source is a major source that is subject to 
the emission standard or other requirement, such source shall be 
subject to the notification requirements of this section. Area sources 
previously subject to major source requirements that again become major 
sources are also subject to the notification requirements of this 
paragraph and must submit the notification according to the 
requirements of paragraph (k) of this section.
* * * * *
    (j) Change in information already provided. Any change in the 
information already provided under this section shall be provided to 
the Administrator within 15 calendar days after the change. The owner 
or operator of a major source that reclassifies to area source status 
is also subject to the notification requirements of this paragraph. The 
owner or operator may use the application for reclassification with the 
regulatory authority (e.g., permit application) to fulfill the 
requirements of this paragraph. The owner or operator of a major source 
that reclassifies to area source status must submit the notification 
according to the requirements of paragraph (k) of this section.
    (k) Electronic Submission of Notifications or Reports. If you are 
required to submit notifications or reports following the procedure 
specified in this paragraph (k), you must submit notifications or 
reports to the EPA via CEDRI, which can be accessed through the EPA's 
Central Data Exchange (CDX) (https://cdx.epa.gov/). The notification or 
report must be submitted by the deadline specified. If you claim some 
of the information required to be submitted via CEDRI is confidential 
business information (CBI), submit a complete notification or report, 
including information claimed to be CBI, to the EPA. Submit the file on 
a compact disc, flash drive, or other commonly used electronic storage 
medium and clearly mark the medium as CBI. Mail the electronic medium 
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted must be submitted to the EPA via the EPA's 
CDX as described earlier in this paragraph (k).
    (1) If you are required to electronically submit a notification or 
report through CEDRI in the EPA's CDX, you may assert a claim of EPA 
system outage for failure to timely comply with the reporting 
requirement. To assert a claim of EPA system outage, you must meet the 
requirements outlined in paragraphs (k)(1)(i) through (vii) of this 
section.
    (i) You must have been or will be precluded from accessing CEDRI 
and submitting a required notification or report within the time 
prescribed due to an outage of either the EPA's CEDRI or CDX systems.
    (ii) The outage must have occurred within the period of time 
beginning five business days prior to the date that the notification or 
report is due.
    (iii) The outage may be planned or unplanned.
    (iv) You must submit notification to the Administrator in writing 
as soon as possible following the date you first knew, or through due 
diligence should

[[Page 36338]]

have known, that the event may cause or has caused a delay in 
reporting.
    (v) You must provide to the Administrator a written description 
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (B) A rationale for attributing the delay in submitting beyond the 
regulatory deadline to EPA system outage;
    (C) Measures taken or to be taken to minimize the delay in 
submitting; and
    (D) The date by which you propose to submit, or if you have already 
met the reporting requirement at the time of the notification, the date 
you submitted the notification or report.
    (vi) The decision to accept the claim of EPA system outage and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (vii) In any circumstance, the notification or report must be 
submitted electronically as soon as possible after the outage is 
resolved.
    (2) If you are required to electronically submit a notification or 
report through CEDRI in the EPA's CDX, you may assert a claim of force 
majeure for failure to timely comply with the submittal requirement. To 
assert a claim of force majeure, you must meet the requirements 
outlined in paragraphs (k)(2)(i) through (v) of this section.
    (i) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior 
to the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, 
its contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a 
notification or report electronically within the time period 
prescribed. Examples of such events are acts of nature (e.g., 
hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage).
    (ii) You must submit notification to the Administrator in writing 
as soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in submitting through CEDRI.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (C) Measures taken or to be taken to minimize the delay in 
reporting; and
    (D) The date by which you propose to submit the notification or 
report, or if you have already met the submittal requirement at the 
time of the notification, the date you submitted the notification or 
report.
    (iv) The decision to accept the claim of force majeure and allow an 
extension to the submittal deadline is solely within the discretion of 
the Administrator.
    (v) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
0
6. In Sec.  63.10, revise paragraph (b)(3) and add paragraph (g) to 
read as follows:


Sec.  63.10  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (3) If an owner or operator determines that his or her existing or 
new stationary source is in the source category regulated by a standard 
established pursuant to CAA section 112, but that source is not subject 
to the relevant standard (or other requirement established under this 
part) because of legally and practicably enforceable limitations on the 
source's potential to emit, or the source otherwise qualifies for an 
exclusion, the owner or operator must keep a record of the 
applicability determination on site at the source until the source 
changes its operations to become an affected source. The record of the 
applicability determination must be signed by the person making the 
determination and include an emissions analysis (or other information) 
that demonstrates the owner or operator's conclusion that the source is 
unaffected (e.g., because the source is an area source). The analysis 
(or other information) must be sufficiently detailed to allow the 
Administrator to make an applicability finding for the source with 
regard to the relevant standard or other requirement. If applicable, 
the analysis must be performed in accordance with requirements 
established in relevant subparts of this part for this purpose for 
particular categories of stationary sources. If relevant, the analysis 
should be performed in accordance with EPA guidance materials published 
to assist sources in making applicability determinations under CAA 
section 112 if any guidance is available, or industry standards or 
engineering calculations. The requirements to determine applicability 
of a standard under Sec.  63.1(b)(3) and to record the results of that 
determination under this paragraph (b)(3) of this section shall not by 
themselves create an obligation for the owner or operator to obtain a 
title V permit.
* * * * *
    (g) Electronic Recordkeeping. Any records required to be maintained 
by this part that are submitted electronically via the EPA's CEDRI may 
be maintained in electronic format. This ability to maintain electronic 
copies does not affect the requirement for facilities to make records, 
data, and reports available upon request to a delegated air agency or 
the EPA as part of an on-site compliance evaluation.
0
7. Revise Sec.  63.12(c) to read as follows:


Sec.  63.12  State authority and delegations.

* * * * *
    (c) All information required to be submitted to the EPA under this 
part also shall be submitted to the appropriate state agency of any 
state to which authority has been delegated under section 112(l) of the 
CAA, provided that each specific delegation may exempt sources from a 
certain federal or state reporting requirement with the exception of 
federal electronic reporting requirements under this part. The 
Administrator may permit all or some of the information to be submitted 
to the appropriate state agency only, instead of to the EPA and the 
state agency.

Subpart F--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing 
Industry

0
8. Table 3 to subpart F of part 63 is amended by adding an entry for 
Sec.  63.1(c)(6) in numerical order, revising the entry for Sec.  
63.9(j), and adding an entries for Sec. Sec.  63.9(k) and 63.10(g) in 
numerical order to read as follows:

  Table 3 to Subpart F of Part 63--General Provisions Applicability to
                   Subparts F, G, and Ha to Subpart F
------------------------------------------------------------------------
                                    Applies to
           Reference              subparts F, G,          Comment
                                      and H
------------------------------------------------------------------------
 

[[Page 36339]]

 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(j).......................  Yes.               Only as related to
                                                    change to major
                                                    source status.
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  necessarily required.

* * * * *

Subpart J--National Emission Standards for Hazardous Air Pollutants 
for Polyvinyl Chloride and Copolymers Production

0
9. Amend Sec.  63.215 by revising paragraph (b) introductory text and 
adding paragraph (b)(4) to read as follows:


Sec.  63.215  What General Provisions apply to me?

* * * * *
    (b) The provisions in subpart A of this part also apply to this 
subpart as specified in paragraphs (b)(1) through (4) of this section.
* * * * *
    (4) The specific notification procedure of Sec.  63.9(j) and (k) 
relating to a change in major source status and Sec.  63.10(g).

Subpart L--National Emission Standards for Coke Oven Batteries

0
10. Revise Sec.  63.311(a) to read as follows:


Sec.  63.311  Reporting and recordkeeping requirements.

    (a) General requirements. After the effective date of an approved 
permit in a state under part 70 of this chapter, the owner or operator 
shall submit all notifications and reports required by this subpart to 
the state permitting authority except a source which reclassifies to an 
area source must follow the notification procedures of Sec.  63.9(j) 
and (k). Use of information provided by the certified observer shall be 
a sufficient basis for notifications required under Sec.  70.5(c)(9) of 
this chapter and the reasonable inquiry requirement of Sec.  70.5(d) of 
this chapter.
* * * * *

Subpart M--National Perchloroethylene Air Emission Standards for 
Dry Cleaning Facilities

0
11. Add Sec.  63.324(g) to read as follows:


Sec.  63.324  Reporting and recordkeeping requirements.

* * * * *
    (g) Each owner or operator of a dry cleaning facility that 
reclassifies from a major source to an area source must follow the 
procedures of Sec.  63.9(j) and (k) to provide notification of the 
change in status.

Subpart N-National Emission Standards for Chromium Emissions From 
Hard and Decorative Chromium Electroplating and Chromium Anodizing 
Tanks

0
12. Table 1 to subpart N of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

  Table 1 to Subpart N of Part 63--General Provisions Applicability to
                                Subpart N
------------------------------------------------------------------------
                                    Applies to
 General provisions reference       subpart N             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart O--Ethylene Oxide Emissions Standards for Sterilization 
Facilities

0
13. In Sec.  63.360, amend Table 1 of Section 63.360 by adding entries 
for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to 
read as follows:


Sec.  63.360  Applicability.

* * * * *

[[Page 36340]]



                    Table 1 of Section 63.360--General Provisions Applicability to Subpart O
----------------------------------------------------------------------------------------------------------------
                                          Applies to sources       Applies to sources
              Reference                    using 10 tons in      using 1 to 10 tons in           Comment
                                             subpart O a              subpart O a
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................                        Yes.
 
                                                  * * * * * * *
63.9(k)..............................                        Yes.
 
                                                  * * * * * * *
63.10(g).............................                        Yes.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ See definition.

* * * * *

Subpart Q-National Emission Standards for Hazardous Air Pollutants 
for Industrial Process Cooling Towers

0
14. Table 1 to subpart Q of part 63 is amended by revising the entries 
for Sec. Sec.  63.9 and 63.10 in numerical order to read as follows:

  Table 1 to Subpart Q of Part 63--General Provisions Applicability to
                                Subpart Q
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart Q             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.9(a), (b)(1), (b)(3), (c),   Yes..............
 (h)(1), (h)(3), (h)(6), (j),
 and (k).
 
                              * * * * * * *
63.10(a), (b)(1), (b)(2)(xii),  Yes.               Section 63.406
 (b)(2)(xiv), (b)(3), (d),                          requires an onsite
 (f), and (g).                                      record retention of
                                                    5 years.
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart R-National Emission Standards for Gasoline Distribution 
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

0
15. Table 1 to subpart R of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

  Table 1 to Subpart R of Part 63--General Provisions Applicability to
                                Subpart R
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart R             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 36341]]

Subpart S-National Emission Standards for Hazardous Air Pollutants 
from the Pulp and Paper Industry

0
16. Table 1 to subpart S of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

  Table 1 to Subpart S of Part 63--General Provisions Applicability to
                               Subpart S a
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart S             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.

Subpart T--National Emission Standards for Halogenated Solvent 
Cleaning

0
17. Appendix B to subpart T of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

                Appendix B to Subpart T of Part 63--General Provisions Applicability to Subpart T
----------------------------------------------------------------------------------------------------------------
                                                     Applies to subpart T
              Reference               --------------------------------------------------         Comments
                                                 BCC                      BVI
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Yes....................  Yes....................
 
                                                  * * * * * * *
63.9(k)..............................  Yes....................  Yes....................
 
                                                  * * * * * * *
63.10(g).............................  Yes....................  Yes....................
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart U--National Emission Standards for Hazardous Air Pollutant 
Emissions: Group I Polymers and Resins

0
18. Table 1 to subpart U of part 63 is amended by adding an entry for 
Sec.  63.1(c)(6) in numerical order, revising the entry for Sec.  
63.9(j), and adding entries for Sec. Sec.  63.9(k) and 63.10(g) in 
numerical order to read as follows:

 Table 1 to Subpart U of Part 63--Applicability of General Provisions to
                       Subpart U Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart U           Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(j)................  Yes..............  For change in major
                                                    source status only.
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............

[[Page 36342]]

 
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Subpart W-National Emission Standards for Hazardous Air Pollutants 
for Epoxy Resins Production and Non-Nylon Polyamides Production

0
19. Table 1 to subpart W of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

                 Table 1 to Subpart W of Part 63--General Provisions Applicability to Subpart W
----------------------------------------------------------------------------------------------------------------
                                                     Applies to subpart W
                                 ------------------------------------------------------------
                                                                            WSR alternative
                                                                           standard, and BLR
            Reference                                                       equipment leak          Comment
                                          BLR                 WSR          standard (40 CFR
                                                                           part 63, subpart
                                                                                  H)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)...............  Yes...............  Yes...............  Yes...............
 
                                                  * * * * * * *
Sec.   63.9(k)..................  Yes...............  Yes...............  Yes...............
 
                                                  * * * * * * *
Sec.   63.10(g).................  Yes...............  Yes...............  Yes...............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart X--National Emission Standards For Hazardous Air Pollutants 
From Secondary Lead Smelting

0
20. Table 1 to subpart X of part 63 is amended by adding entries for 
Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as follows:

  Table 1 to Subpart X of Part 63--General Provisions Applicability to
                                Subpart X
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart X             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Subpart Y--National Emission Standards for Marine Tank Vessel 
Loading Operations

0
21. Table 1 of Sec.  63.560 is amended by adding entries for Sec. Sec.  
63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read as 
follows:


Sec.  63.560  Applicability and designation of affected sources.

* * * * *

[[Page 36343]]



 Table 1 to Sec.   63.560--General Provisions Applicability to Subpart Y
------------------------------------------------------------------------
                                    Applies to
           Reference             affected sources         Comment
                                   in subpart Y
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart AA--National Emission Standards for Hazardous Air 
Pollutants from Phosphoric Acid Manufacturing Plants

0
22. Appendix A to subpart AA of part 63 is amended by adding entries 
for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to 
read as follows:

 Appendix A to Subpart AA of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       AA
----------------------------------------------------------------------------------------------------------------
           40 CFR citation                   Requirement         Applies to subpart AA           Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  .......................  Yes....................  None.
 
                                                  * * * * * * *
Sec.   63.9(k).......................  .......................  Yes....................  None.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  .......................  Yes....................  None.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart BB--National Emission Standards for Hazardous Air 
Pollutants From Phosphate Fertilizers Production Plants

0
23. Appendix A to subpart BB of part 63 is amended by adding entries 
for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to 
read as follows:

 Appendix A to Subpart BB of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       BB
----------------------------------------------------------------------------------------------------------------
           40 CFR citation                   Requirement         Applies to subpart BB           Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  .......................  Yes....................  None.
 
                                                  * * * * * * *
Sec.   63.9(k).......................  .......................  Yes....................  None.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  .......................  Yes....................  None.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36344]]

Subpart CC--National Emission Standards for Hazardous Air 
Pollutants From Petroleum Refineries

0
24. In appendix to subpart CC of part 63, Table 6 is amended by adding 
an entry for Sec.  63.1(c)(6) in numerical order, revising the entry 
for Sec.  63.9(j), and adding entries for Sec. Sec.  63.9(k) and 
63.10(g) in numerical order to read as follows:

Appendix to Subpart CC of Part 63--Tables

* * * * *

        Table 6-General Provisions Applicability to Subpart CC a
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart CC            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(j).......................  Yes..............
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.

* * * * *

Subpart DD--National Emission Standards for Hazardous Air 
Pollutants from Off-Site Waste and Recovery Operations

0
25. Table 2 to subpart DD of part 63 is amended by adding an entry for 
Sec.  63.1(c)(6) in numerical order, revising the entry for Sec.  
63.9(j), and adding entries for Sec. Sec.  63.9(k) and 63.10(g) in 
numerical order to read as follows:

Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in Subpart
           A of this Part 63--General Provisions to Subpart DD
------------------------------------------------------------------------
                                    Applies to
      Subpart A reference           subpart DD          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(j).......................  Yes..............  For change in major
                                                    source status only.
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Subpart EE--National Emission Standards for Magnetic Tape 
Manufacturing Operations

0
26. Table 1 to subpart EE of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

Table 1 to Subpart EE of Part 63--Applicability of General Provisions to
                               Subpart EE
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart EE            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............
 

[[Page 36345]]

 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart GG--National Emission Standards for Aerospace Manufacturing 
and Rework Facilities

0
27. Table 1 to subpart GG of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

  Table 1 to Subpart GG of Part 63-General Provisions Applicability to
                               Subpart GG
------------------------------------------------------------------------
                                    Applies to
           Reference             affected sources         Comment
                                  in subpart GG
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart HH--National Emission Standards for Hazardous Air 
Pollutants From Oil and Natural Gas Production Facilities

0
28. In appendix to subpart HH of part 63, Table 2 is amended by adding 
entries for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical 
order to read as follows:

Appendix to Subpart HH of Part 63--Tables

* * * * *

    Table 2 to Subpart HH of Part 63--Applicability of 40 CFR Part 63
                    General Provisions to Subpart HH
------------------------------------------------------------------------
                                  Applicable to
 General provisions  reference      subpart HH          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart JJ--National Emission Standards for Wood Furniture 
Manufacturing Operations

0
29. Table 1 to subpart JJ of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

[[Page 36346]]



  Table 1 to Subpart JJ of Part 63--General Provisions Applicability to
                               Subpart JJ
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart JJ            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart KK--National Emission Standards for the Printing and 
Publishing Industry

0
30. Table 1 to subpart KK of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

Table 1 to Subpart KK of Part 63--Applicability of General Provisions to
                               Subpart KK
------------------------------------------------------------------------
                                  Applicable to
 General provisions reference       subpart KK            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart LL--National Emission Standards for Hazardous Air 
Pollutants for Primary Aluminum Reduction Plants

0
31. Appendix A to subpart LL of part 63 is amended by adding entries 
for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to 
read as follows:

Appendix A to Subpart LL of Part 63--Applicability of General 
Provisions

----------------------------------------------------------------------------------------------------------------
        Reference sections(s)                Requirement         Applies to subpart LL           Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
63.9(k)..............................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       63.9(j).
 
                                                  * * * * * * *
63.10(g).............................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36347]]

Subpart MM--National Emission Standards for Hazardous Air 
Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, 
Sulfite, and Stand-Alone Semichemical Pulp Mills

0
32. Table 1 to subpart MM of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

                Table 1 to Subpart MM of Part 63--General Provisions Applicability to Subpart MM
----------------------------------------------------------------------------------------------------------------
     General provisions reference      Summary of requirements   Applies to subpart MM         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
63.9(k)..............................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       63.9(j).
 
                                                  * * * * * * *
63.10(g).............................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart CCC--National Emission Standards for Hazardous Air 
Pollutants for Steel Pickling--HCl Process Facilities and 
Hydrochloric Acid Regeneration Plants

0
33. Table 1 to subpart CCC of part 63 is amended by adding entries for 
Sec. Sec.  63.9(j), 63.9(k), and 63.10(g) in numerical order to read as 
follows:

 Table 1 to Subpart CCC of Part 63--Applicability of General Provisions
               (40 CFR Part 63, Subpart A) to Subpart CCC
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart CCC          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
63.9(j).......................  Yes..............
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart DDD--National Emission Standards for Hazardous Air 
Pollutants for Mineral Wool Production

0
34. Table 1 to subpart DDD of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

  Table 1 to Subpart DDD of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                 DDD of Part 63
----------------------------------------------------------------------------------------------------------------
     General provisions citation             Requirement        Applies to subpart DDD?        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  .......................  Yes....................
 

[[Page 36348]]

 
                                                  * * * * * * *
Sec.   63.10(g)......................  Additional CMS Reports   Yes....................
                                        Excess Emission/CMS
                                        Performance Reports
                                        COMS Data Reports
                                        Recordkeeping/
                                        Reporting Waiver
                                        Recordkeeping for
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart EEE--National Emission Standards for Hazardous Air 
Pollutants From Hazardous Waste Combustors

0
35. Table 1 to subpart EEE of part 63 is amended by adding an entry for 
Sec.  63.9(k) to read as follows:

   Table 1 to Subpart EEE of Part 63--General Provisions Applicable to
                               Subpart EEE
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart EEE          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
63.9(k).......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart GGG--National Emission Standards for Pharmaceuticals 
Production

0
36. Table 1 to subpart GGG of part 63 is amended by adding an entry for 
Sec.  63.1(c)(6) in numerical order, revising the entry for Sec.  
63.9(j), and adding entries for Sec. Sec.  63.9(k) and 63.10(g) in 
numerical order to read as follows:

               Table 1 to Subpart GGG of Part 63--General Provisions Applicability to Subpart GGG
----------------------------------------------------------------------------------------------------------------
     General provisions reference      Summary of requirements   Applies to subpart GGG          Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
63.9(j)..............................  Change in information    Yes.                     For change in major
                                        provided.                                         source status only
63.9(k)..............................  Electronic reporting     Yes.                     Only as specified in
                                        procedures.                                       63.9(j)
 
                                                  * * * * * * *
63.10(g).............................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HHH--National Emission Standards for Hazardous Air 
Pollutants From Natural Gas Transmission and Storage Facilities

0
37. Table 2 to subpart HHH of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

[[Page 36349]]



  Appendix: Table 2 to Subpart HHH of Part 63--Applicability of 40 CFR
                Part 63 General Provisions to Subpart HHH
------------------------------------------------------------------------
                                  Applicable to
 General provisions Reference      subpart HHH          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart III--National Emission Standards for Hazardous Air 
Pollutants for Flexible Polyurethane Foam Production

0
38. Table 1 to subpart III of part 63 is amended by adding entries for 
Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as follows:

 Table 1 to Subpart III of Part 63--Applicability General Provisions (40
                 CFR Part 63, Subpart A) to Subpart III
------------------------------------------------------------------------
                                    Applies to
      Subpart A reference          subpart III            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart JJJ--National Emission Standards for Hazardous Air 
Pollutant Emissions: Group IV Polymers and Resins

0
39. Table 1 to subpart JJJ of part 63 is amended by adding an entry for 
Sec. Sec.  63.1(c)(6) in numerical order, revising the entry for Sec.  
63.9(j), and adding entries for Sec. Sec.  63.9(k) and 63.10(g) in 
numerical order to read as follows:

Table 1 to Subpart JJJ of Part 63-Applicability of General Provisions to
                      Subpart JJJ Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart JJJ          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(j)................  Yes..............  For change in major
                                                    source status only
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 36350]]

Subpart LLL--National Emission Standards for Hazardous Air 
Pollutants From the Portland Cement Manufacturing Industry

0
40. Table 1 to subpart LLL of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

                     Table 1 to Subpart LLL of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement         Applies to subpart LLL        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
63.9(k)..............................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
63.10(g).............................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart MMM--National Emission Standards for Hazardous Air 
Pollutants for Pesticide Active Ingredient Production

0
41. Table 1 to subpart MMM of part 63 is amended by adding an entry for 
Sec. Sec.  63.1(c)(6) in numerical order, revising the entry for Sec.  
63.9(j), and adding entries for Sec. Sec.  63.9(k) and 63.10(g) in 
numerical order to read as follows:

 Table 1 to Subpart MMM of Part 63--General Provisions Applicability to
                               Subpart MMM
------------------------------------------------------------------------
                                    Applies to
    Reference to subpart A         subpart MMM          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(j)................  Yes..............  For change in major
                                                    source status only,
                                                    63.1368(h) specifies
                                                    procedures for other
                                                    notification of
                                                    changes.
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart NNN--National Emission Standards for Hazardous Air 
Pollutants for Wool Fiberglass Manufacturing

0
42. Table 1 to subpart NNN of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9-(k), and 63.10(g) in numerical order to 
read as follows:

  Table 1 to Subpart NNN of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       NNN
----------------------------------------------------------------------------------------------------------------
     General provisions citation             Requirement        Applies to subpart NNN?        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  .......................  Yes.                     .......................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  .......................  Yes.                     .......................
 

[[Page 36351]]

 
                                                  * * * * * * *
Sec.   63.10(g)......................  Additional CMS Reports   Yes.                     .......................
                                        Excess Emission/CMS
                                        Performance Reports
                                        COMS Data Reports
                                        Recordkeeping/
                                        Reporting Waiver
                                        Recordkeeping for
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart OOO--National Emission Standards for Hazardous Air 
Pollutant Emissions: Manufacture of Amino/Phenolic Resins

0
43. Table 1 to subpart OOO of part 63 is amended by adding an entry for 
Sec.  63.1(c)(6) in numerical order, revising the entry for Sec.  
63.9(j), and adding entries for Sec. Sec.  63.9(k) and 63.10(g) in 
numerical order to read as follows:

 Table 1 to Subpart OOO of Part 63--Applicability of General Provisions
                     to Subpart OOO Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart OOO          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(j).......................  Yes..............  For change in major
                                                    source status only.
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart PPP--National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyether Polyols Production

0
44. Table 1 to subpart PPP of part 63 is amended by adding an entry for 
Sec. Sec.  63.1(c)(6) in numerical order, revising the entry for Sec.  
63.9(j), and adding entries for Sec. Sec.  63.9(k) and 63.10(g) in 
numerical order to read as follows:

 Table 1 to Subpart PPP of Part 63--Applicability of General Provisions
                     to Subpart PPP Affected Sources
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart PPP          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(j).......................  Yes..............  For change in major
                                                    source status only.
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 36352]]

Subpart QQQ--National Emission Standards for Hazardous Air 
Pollutants for Primary Copper Smelting

0
45. Revise Sec.  63.1441 to read as follows:


Sec.  63.1441  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a primary 
copper smelter that is (or is part of) a major source of hazardous air 
pollutant (HAP) emissions, and your primary copper smelter uses batch 
copper converters as defined in Sec.  63.1459. Your primary copper 
smelter is a major source of HAP if it emits or has the potential to 
emit any single HAP at the rate of 10 tons or more per year or any 
combination of HAP at a rate of 25 tons or more per year.
0
46. Table 1 to subpart QQQ of part 63 is amended by adding an entry for 
Sec.  63.10(g) in numerical order to read as follows:
* * * * *

              Table 1 to Subpart QQQ of Part 63--Applicability of General Provisions to Subpart QQQ
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject           Applies to subpart QQQ        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.10 (g).....................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart RRR--National Emission Standards for Hazardous Air 
Pollutants for Secondary Aluminum Production

0
47. Appendix A to subpart RRR of part 63 is amended by adding entries 
for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to 
read as follows:

Appendix A to Subpart RRR of Part 63--General Provisions Applicability 
to Subpart RRR

----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement         Applies to subpart RRR          Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart TTT--National Emission Standards for Hazardous Air 
Pollutants for Primary Lead Smelting

0
48. Table 1 to subpart TTT of part 63 is amended by adding entries for 
Sec. Sec.  63.9(j), 63.9(k), and 63.10(g) in numerical order to read as 
follows:

 Table 1 to Subpart TTT of Part 63--General Provisions Applicability to
                               Subpart TTT
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart TTT            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.9(j).......................  Yes..............
63.9(k).......................  Yes..............
 
                              * * * * * * *
63.10(g)......................  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 36353]]

Subpart UUU--National Emission Standards for Hazardous Air 
Pollutants for Petroleum Refineries: Catalytic Cracking Units, 
Catalytic Reforming Units, and Sulfur Recovery Units

0
49. Table 44 to subpart UUU of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:
* * * * *

          Table 44 to Subpart UUU of Part 63--Applicability of NESHAP General Provisions to Subpart UUU
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject           Applies to subpart UUU        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart VVV--National Emission Standards for Hazardous Air 
Pollutants: Publicly Owned Treatment Works

0
50. Table 1 to subpart VVV of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

   Table 1 to Subpart VVV of Part 63--Applicability of 40 CFR part 63
                    General Provisions to Subpart VVV
------------------------------------------------------------------------
                                  Applicable to
 General provisions reference      subpart VVV          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart XXX--National Emission Standards for Hazardous Air 
Pollutants for Ferroalloys Production: Ferromanganese and 
Silicomanganese

0
51. Table 1 to subpart XXX of part 63 is amended by adding entries for 
Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as follows:

 Table 1 to Subpart XXX of Part 63--General Provisions Applicability to
                               Subpart XXX
------------------------------------------------------------------------
                                    Applies to
           Reference               subpart XXX            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 36354]]

Subpart DDDD--National Emission Standards for Hazardous Air 
Pollutants: Plywood and Composite Wood Products

0
52. Table 10 to subpart DDDD of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

            Table 10 to Subpart DDDD of Part 63--Applicability of General Provisions to Subpart DDDD
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject             Brief description     Applies to subpart DDDD
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Electronic reporting     Yes.
                                        procedures.              procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Recordkeeping for        Yes.
                                        electronic reporting.    electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart EEEE--National Emission Standards for Hazardous Air 
Pollutants: Organic Liquids Distribution (Non-Gasoline)

0
53. Table 12 to subpart EEEE of part 63 is amended by revising the 
entry for Sec.  63.9(j) and adding entries for Sec. Sec.  63.9(k) and 
63.10(g) in numerical order to read as follows:

            Table 12 to Subpart EEEE of Part 63--Applicability of General Provisions to Subpart EEEE
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject             Brief description     Applies to subpart EEEE
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(j).......................  Change in Previous       Must submit within 15    Yes for change to major
                                        Information.             days after the change.   source status, other
                                                                                          changes are reported
                                                                                          in the first and
                                                                                          subsequent compliance
                                                                                          reports.
Sec.   63.9(k).......................  Electronic reporting     Procedure to report      Yes.
                                        procedures.              electronically for
                                                                 notification in
                                                                 63.9(j).
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        .......................  Yes.
                                        electronic reporting.
 
----------------------------------------------------------------------------------------------------------------

Subpart FFFF--National Emission Standards for Hazardous Air 
Pollutants: Miscellaneous Organic Chemical Manufacturing

0
54. Table 12 to subpart FFFF of part 63 is amended by revising the 
entry for Sec.  63.9(j) and adding entries for Sec. Sec.  63.9(k) and 
63.10(g) in numerical order to read as follows:

Table 12 to Subpart FFFF of Part 63--Applicability of General Provisions
                             to Subpart FFFF
                              * * * * * * *
------------------------------------------------------------------------
           Citation                  Subject            Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(j)................  Change in          Yes for change in
                                 previous           major source status,
                                 information.       otherwise Sec.
                                                    63.2520(e) specifies
                                                    reporting
                                                    requirements for
                                                    process changes.
Sec.   63.9(k)................  Electronic         Yes, as specified in
                                 reporting          63.9(j).
                                 procedures.
 

[[Page 36355]]

 
                              * * * * * * *
Sec.   63.10(g)...............  Recordkeeping for  Yes.
                                 electronic
                                 reporting.
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart GGGG--National Emission Standards for Hazardous Air 
Pollutants: Solvent Extraction for Vegetable Oil Production

0
55. Table 1 to Sec.  63.2870 is amended by adding entries for 
Sec. Sec.  63.9(j), 63.9(k), and 63.10(g) in numerical order to read as 
follows:


Sec.  63.2870  What Parts of the General Provisions apply to me?

* * * * *

     Table 1 to Sec.   63.2870--Applicability of 40 CFR Part 63, Subpart A, to 40 CFR Part 63, Subpart GGGG
----------------------------------------------------------------------------------------------------------------
                                      Subject of       Brief description
   General provisions citation         citation         of requirement    Applies to subpart      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(j)..................  Notification        Change in previous  Yes...............
                                   requirements.       information.
Sec.   63.9(k)..................  Notification        Electronic          Yes...............
                                   requirements.       reporting
                                                       procedures.
 
                                                  * * * * * * *
Sec.   63.10(g).................  Recordkeeping.....  Recordkeeping for   Yes...............
                                                       electronic
                                                       reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HHHH--National Emission Standards for Hazardous Air 
Pollutants for Wet-Formed Fiberglass Mat Production

0
56. Table 2 to subpart HHHH of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

 Table 2 to Subpart HHHH of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                      HHHH
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart HHHH        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  .......................  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36356]]

Subpart IIII--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Automobiles and Light-Duty Trucks

0
57. Table 2 to subpart IIII of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

       Table 2 to Subpart IIII of Part 63--Applicability of General Provisions to Subpart IIII of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    IIII                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart JJJJ--National Emission Standards for Hazardous Air 
Pollutants: Paper and Other Web Coating

0
58. Table 2 to subpart JJJJ of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

   Table 2 to Subpart JJJJ of Part 63--Applicability of 40 CFR Part 63
                   General Provisions to Subpart JJJJ
                              * * * * * * *
------------------------------------------------------------------------
                                  Applicable to
 General provisions reference      subpart JJJJ         Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart KKKK--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Cans

0
59. Table 5 to subpart KKKK of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

             Table 5 to Subpart KKKK of Part 63--Applicability of General Provisions to Subpart KKKK
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    KKKK                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.

[[Page 36357]]

 
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart MMMM--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Miscellaneous Metal Parts and 
Products

0
60. Table 2 to subpart MMMM of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

       Table 2 to Subpart MMMM of Part 63--Applicability of General Provisions to Subpart MMMM of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    MMMM                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart NNNN--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Large Appliances

0
61. Table 2 to subpart NNNN of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

             Table 2 to Subpart NNNN of Part 63--Applicability of General Provisions to Subpart NNNN
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    NNNN                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36358]]

Subpart OOOO--National Emission Standards for Hazardous Air 
Pollutants: Printing, Coating, and Dyeing of Fabrics and Other 
Textiles

0
62. Table 3 to subpart OOOO of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

             Table 3 to Subpart OOOO of Part 63--Applicability of General Provisions to Subpart OOOO
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    OOOO                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart PPPP--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Plastic Parts and Products

0
63. Table 2 to subpart PPPP of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:
* * * * *

       Table 2 to Subpart PPPP of Part 63--Applicability of General Provisions to Subpart PPPP of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    PPPP                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart QQQQ--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Wood Building Products

0
64. Table 4 to subpart QQQQ of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

       Table 4 to Subpart QQQQ of Part 63--Applicability of General Provisions to Subpart QQQQ of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    QQQQ                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 

[[Page 36359]]

 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart RRRR--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Furniture

0
65. Table 2 to subpart RRRR of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

             Table 2 to Subpart RRRR of Part 63--Applicability of General Provisions to Subpart RRRR
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject           Applicable to subpart         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart SSSS--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Coil

0
66. Table 2 to subpart SSSS of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

 Table 2 to Subpart SSSS of Part 63--Applicability of General Provisions
                             to Subpart SSSS
                              * * * * * * *
------------------------------------------------------------------------
                                  Applicable to
 General provisions reference      subpart SSSS         Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............
 
                              * * * * * * *
Sec.   63.10(g)...............  Yes..............
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 36360]]

Subpart TTTT--National Emission Standards for Hazardous Air 
Pollutants for Leather Finishing Operations

0
67. Table 2 to subpart TTTT of part 63 is amended by adding entries for 
Sec. Sec.  63.9(j), 63.9(k), and 63.10(g) in numerical order to read as 
follows:

             Table 2 to Subpart TTTT of Part 63--Applicability of General Provisions to Subpart TTTT
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Subject of       Brief description
   General provisions citation         citation         of requirement    Applies to subpart      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(j)..................  Notification        Change in previous  Yes...............
                                   requirements.       information.
Sec.   63.9(k)..................  Notification        Electronic          Yes...............
                                   requirements.       reporting
                                                       procedures.
 
                                                  * * * * * * *
Sec.   63.10(g).................  Recordkeeping.....  Recordkeeping for   Yes...............
                                                       electronic
                                                       reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart UUUU--National Emission Standards for Hazardous Air 
Pollutants for Cellulose Products Manufacturing

0
68. Table 8 to subpart UUUU of part 63 is amended by revising entry 7 
to read as follows:

       Table 8 to Subpart UUUU of Part 63--Reporting Requirements
                              * * * * * * *
------------------------------------------------------------------------
 You must submit a compliance report, which
 must contain the following information . .    and you must submit the
                     .                               report . . .
------------------------------------------------------------------------
 
                              * * * * * * *
7. the report must contain any changes in
 information already provided, as specified
 in Sec.   63.9(j), except changes in major
 source status must be reported per Sec.
 63.9(j);
 
                              * * * * * * *
------------------------------------------------------------------------

0
69. Table 10 to subpart UUUU of part 63 is amended by revising the 
entry for Sec.  63.9(j) and adding entries for Sec. Sec.  63.9(k) and 
63.10(g) in numerical order to read as follows:

            Table 10 to Subpart UUUU of Part 63--Applicability of General Provisions to Subpart UUUU
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject             Brief description     Applies to subpart UUUU
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(j).......................  Change in previous       Must submit within 15    Yes, except the
                                        information.             days of the change.      notification for all
                                                                                          but change in major
                                                                                          source status must be
                                                                                          submitted as part of
                                                                                          the next semiannual
                                                                                          compliance report, as
                                                                                          specified in Table 8
                                                                                          to this subpart.
Sec.   63.9(k).......................  Electronic reporting     Procedure for            Yes, as specified in
                                        procedures.              electronically           63.9(j).
                                                                 reporting the
                                                                 notification required
                                                                 by 63.9(j).
 

[[Page 36361]]

 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Electronically reported  Yes.
                                        electronic reporting.    data may be stored
                                                                 electronically.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart VVVV--National Emission Standards for Hazardous Air 
Pollutants for Boat Manufacturing

0
70. Table 8 to subpart VVVV of part 63 is amended by adding entries for 
Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to read 
as follows:

 Table 8 to Subpart VVVV of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                      VVVV
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart VVVV        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  .......................  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart WWWW--National Emissions Standards for Hazardous Air 
Pollutants: Reinforced Plastic Composites Production

0
71. Table 2 to subpart WWWW of part 63 is amended by revising entry 1 
to read as follows:

    Table 2 to Subpart WWWW of Part 63--Compliance Dates for New and
            Existing Reinforced Plastic Composites Facilities
                              * * * * * * *
------------------------------------------------------------------------
                                                    Then you must comply
   If your facility is . . .        And . . .        by this date . . .
------------------------------------------------------------------------
1. An existing source.........  a. Is a major      April 21, 2006.
                                 source on or
                                 before the
                                 publication date
                                 of this subpart.
 
                              * * * * * * *
------------------------------------------------------------------------

0
72. Table 15 to subpart WWWW of part 63 is amended by adding entries 
for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to 
read as follows:

[[Page 36362]]



 Table 15 to Subpart WWWW of Part 63--Applicability of General Provisions (Subpart A) to Subpart WWWW of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                              Subject to the
 The general provisions reference . .    That addresses . . .    And applies to subpart    following additional
                  .                                              WWWW of part 63 . . .      information . . .
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart XXXX--National Emissions Standards for Hazardous Air 
Pollutants: Rubber Tire Manufacturing

0
73. Table 17 to subpart XXXX of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

          Table 17 to Subpart XXXX of Part 63--Applicability of General Provisions to This Subpart XXXX
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                Applicable to subpart XXXX?
                                                       Brief description ---------------------------------------
            Citation                    Subject          of applicable      Using a control       Not using a
                                                           sections             device          control device
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k)..................  Notification......  Electronic          Yes...............  Yes.
                                                       reporting
                                                       procedures.
 
                                                  * * * * * * *
Sec.   63.10(g).................  Recordkeeping.....  Recordkeeping for   Yes...............  Yes.
                                                       report submitted
                                                       electronically.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart YYYY--National Emission Standards for Hazardous Air 
Pollutants for Stationary Combustion Turbines

0
74. Table 7 to subpart YYYY of part 63 is amended by adding entries for 
Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as follows:

             Table 7 to Subpart YYYY of Part 63--Applicability of General Provisions to Subpart YYYY
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart YYYY        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36363]]

Subpart ZZZZ--National Emissions Standards for Hazardous Air 
Pollutants for Stationary Reciprocating Internal Combustion Engines

0
75. Table 8 to subpart ZZZZ of part 63 is amended by adding entries for 
Sec. Sec.  63.9(k) and Sec.  63.10(g) in numerical order to read as 
follows:

               Table 8 to Subpart ZZZZ of Part 63--Applicability of General Provisions to Subpart
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
     General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart AAAAA--National Emission Standards for Hazardous Air 
Pollutants for Lime Manufacturing Plants

0
76. Table 8 to subpart AAAAA of part 63 is amended by adding entries 
for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to 
read as follows:
* * * * *

            Table 8 to Subpart AAAAA of Part 63--Applicability of General Provisions to Subpart AAAAA
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                  Am I subject to this
               Citation                Summary of  requirement        requirement?             Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Becoming an area source  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart CCCCC--National Emission Standards for Hazardous Air 
Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks

0
77. Table 1 to subpart CCCCC of part 63 is amended by adding entry for 
Sec.  63.10(g) in numerical order to read as follows:

            Table 1 to Subpart CCCCC of Part 63--Applicability of General Provisions to Subpart CCCCC
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                        Subject                   CCCCC?                Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36364]]

Subpart DDDDD--National Emission Standards for Hazardous Air 
Pollutants for Major Sources: Industrial, Commercial, and 
Institutional Boilers and Process Heaters

0
78. Table 10 to subpart DDDDD of part 63 is amended by adding an entry 
for Sec.  63.10(g) in numerical order to read as follows:

     Table 10 to Subpart DDDDD of Part 63--Applicability of General
                       Provisions to Subpart DDDDD
                              * * * * * * *
------------------------------------------------------------------------
                                                     Applies to subpart
           Citation                  Subject               DDDDD
------------------------------------------------------------------------
 
                              * * * * * * *
63.10(g)......................  Recordkeeping for  Yes.
                                 reports
                                 submitted
                                 electronically.
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart EEEEE--National Emission Standards for Hazardous Air 
Pollutants for Iron and Steel Foundries

0
79. Table 1 to subpart EEEEE of part 63 is amended by adding an entry 
for Sec.  63.10(g) in numerical order to read as follows:

            Table 1 to Subpart EEEEE of Part 63--Applicability of General Provisions to Subpart EEEEE
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                        Subject                   EEEEE?                Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.10(g).............................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart FFFFF--National Emission Standards for Hazardous Air 
Pollutants for Integrated Iron and Steel Manufacturing Facilities

0
80. Table 4 to subpart FFFFF of part 63 is amended by adding an entry 
for Sec.  63.10(g) in numerical order to read as follows:

            Table 4 to Subpart FFFFF of Part 63--Applicability of General Provisions to Subpart FFFFF
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                        Subject                   FFFFF                 Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart GGGGG--National Emission Standards for Hazardous Air 
Pollutants: Site Remediation

0
81. Table 3 to subpart GGGGG of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

[[Page 36365]]



            Table 3 to Subpart GGGGG of Part 63--Applicability of General Provisions to Subpart GGGGG
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              GGGGG
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Electronic reporting     Yes.
                                        procedures.              procedures for
                                                                 notifications per
                                                                 63.9(j).
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Electronically reported  Yes.
                                        electronic reporting.    data may be stored
                                                                 electronically.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HHHHH--National Emission Standards for Hazardous Air 
Pollutants: Miscellaneous Coating Manufacturing

0
82. Table 10 to subpart HHHHH of part 63 is amended by revising the 
entry for Sec.  63.9(j) and adding entries for Sec. Sec.  63.9(k) and 
63.10(g) in numerical order to read as follows:

     Table 10 to Subpart HHHHH of Part 63--Applicability of General
                       Provisions to Subpart HHHHH
                              * * * * * * *
------------------------------------------------------------------------
           Citation                  Subject            Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(j)................  Change in          Yes for change in
                                 previous           major source status,
                                 information.       otherwise Sec.
                                                    63.8075(e)(8)
                                                    specifies reporting
                                                    requirements for
                                                    process changes.
Sec.   63.9(k)................  Electronic         Yes, as specified in
                                 reporting          63.9(j).
                                 procedures.
 
                              * * * * * * *
Sec.   63.10(g)...............  Recordkeeping for  Yes.
                                 electronic
                                 reporting.
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart IIIII--National Emission Standards for Hazardous Air 
Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants

0
83. Table 10 to subpart IIIII of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

           Table 10 to Subpart IIIII of Part 63--Applicability of General Provisions to Subpart IIIII
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   IIIII                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36366]]

Subpart JJJJJ--National Emission Standards for Hazardous Air 
Pollutants for Brick and Structural Clay Products Manufacturing

0
84. Table 10 to subpart JJJJJ of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

           Table 10 to Subpart JJJJJ of Part 63--Applicability of General Provisions to Subpart JJJJJ
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              JJJJJ?
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Electronic reporting     Yes.
                                        procedures.              procedures for
                                                                 notifications per
                                                                 63.9(j).
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Electronically reported  Yes.
                                        electronic reporting.    data may be stored
                                                                 electronically.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart KKKKK--National Emission Standards for Hazardous Air 
Pollutants for Clay Ceramics Manufacturing

0
85. Table 11 to subpart KKKKK of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

           Table 11 to Subpart KKKKK of Part 63--Applicability of General Provisions to Subpart KKKKK
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              KKKKK?
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Electronic reporting     Yes.
                                        procedures.              procedures for
                                                                 notifications per
                                                                 63.9(j).
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Electronically reported  Yes.
                                        electronic reporting.    data may be stored
                                                                 electronically.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart LLLLL--National Emission Standards for Hazardous Air 
Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing

0
86. Table 7 to subpart LLLLL of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

            Table 7 to Subpart LLLLL of Part 63--Applicability of General Provisions to Subpart LLLLL
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              LLLLL
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Electronic reporting     Yes.
                                        procedures.              procedures for
                                                                 notifications per
                                                                 63.9(j).
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Electronically reported  Yes.
                                        electronic reporting.    data may be stored
                                                                 electronically.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36367]]

Subpart MMMMM--National Emission Standards for Hazardous Air 
Pollutants: Flexible Polyurethane Foam Fabrication Operations

0
87. Table 7 to subpart MMMMM of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

            Table 7 to Subpart MMMMM of Part 63--Applicability of General Provisions to Subpart MMMMM
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                      Requirement                 MMMMM                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart NNNNN--National Emission Standards for Hazardous Air 
Pollutants: Hydrochloric Acid Production

0
88. Table 7 to subpart NNNNN of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and Sec.  63.10(g) in numerical order to read as 
follows:

            Table 7 to Subpart NNNNN of Part 63--Applicability of General Provisions to Subpart NNNNN
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                      Requirement                 NNNNN                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart PPPPP--National Emission Standards for Hazardous Air 
Pollutants for Engine Test Cells/Stands

0
89. Table 7 to subpart PPPPP of part 63 is amended by adding entries 
for Sec. Sec.  63.1(c)(6), 63.9(k), and 63.10(g) in numerical order to 
read as follows:

            Table 7 to Subpart PPPPP of Part 63--Applicability of General Provisions to Subpart PPPPP
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              PPPPP
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Applicability..........  Becoming an area source  Yes.
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Notifications..........  Electronic reporting     Yes.
                                                                 procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping..........  Recordkeeping for        Yes.
                                                                 electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 36368]]

Subpart QQQQQ--National Emission Standards for Hazardous Air 
Pollutants for Friction Materials Manufacturing Facilities

0
90. Revise Sec.  63.9485(a) to read as follows:


Sec.  63.9485  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
friction materials manufacturing facility (as defined in Sec.  63.9565) 
that is (or is part of) a major source of hazardous air pollutants 
(HAP) emissions. Your friction materials manufacturing facility is a 
major source of HAP if it emits or has the potential to emit any single 
HAP at a rate of 9.07 megagrams (10 tons) or more per year or any 
combination of HAP at a rate of 22.68 megagrams (25 tons) or more per 
year.
* * * * *
0
91. Table 1 to subpart QQQQQ of part 63 is amended by adding entries 
for Sec. Sec.  63.9(j), 63.9(k), and 63.10(g) in numerical order to 
read as follows:

            Table 1 to Subpart QQQQQ of Part 63--Applicability of General Provisions to Subpart QQQQQ
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   QQQQQ?                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(j).......................  Changes to information   Yes....................
                                        already provided.
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart RRRRR--National Emission Standards for Hazardous Air 
Pollutants: Taconite Iron Ore Processing

0
92. Revise Sec.  63.9581 to read as follows:


Sec.  63.9581  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a taconite 
iron ore processing plant that is (or is part of) a major source of 
hazardous air pollutant (HAP) emissions. Your taconite iron ore 
processing plant is a major source of HAP if it emits or has the 
potential to emit any single HAP at a rate of 10 tons or more per year 
or any combination of HAP at a rate of 25 tons or more per year.
0
93. Table 2 to subpart RRRRR of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

      Table 2 to Subpart RRRRR of Part 63--Applicability of General Provisions to Subpart RRRRR of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   RRRRR                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart SSSSS--National Emission Standards for Hazardous Air 
Pollutants for Refractory Products Manufacturing

0
94. Table 11 to subpart SSSSS of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

           Table 11 to Subpart SSSSS of Part 63--Applicability of General Provisions to Subpart SSSSS
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              SSSSS
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Notifications..........  Electronic reporting     Yes.
                                                                 procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping..........  Recordkeeping for        Yes.
                                                                 electronic reporting.
 

[[Page 36369]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart TTTTT--National Emissions Standards for Hazardous Air 
Pollutants for Primary Magnesium Refining

0
95. Table 5 to subpart TTTTT of part 63 is amended by adding an entry 
for Sec.  63.10(g) in numerical order to read as follows:

      Table 5 to Subpart TTTTT of Part 63--Applicability of General Provisions to Subpart TTTTT of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   TTTTT                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.10(g).............................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart UUUUU--National Emission Standards for Hazardous Air 
Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating 
Units

0
96. Table 9 to subpart UUUUU of part 63 is amended by adding an entry 
for Sec.  63.10(g) in numerical order to read as follows:

  Table 9 to Subpart UUUUU of Part 63--Applicability of 40 CFR Part 63
                   General Provisions to Subpart UUUUU
                              * * * * * * *
------------------------------------------------------------------------
                                                     Applies to subpart
           Citation                  Subject               UUUUU
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.10(g)...............  Recordkeeping for  Yes
                                 electronic
                                 reporting.
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart WWWWW--National Emission Standards for Hospital Ethylene 
Oxide Sterilizers

0
97. Table 1 to subpart WWWWW of part 63 is amended by removing the 
entry for Sec.  63.9(d)-(j), and adding entries in alphanumerical order 
for Sec. Sec.  63.9(d)-(i), 63.9(j)-(k), and 63.10(g) to read as 
follows:

            Table 1 to Subpart WWWWW of Part 63--Applicability of General Provisions to Subpart WWWWW
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   WWWWW                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(d)-(i)...................  Other notifications....  No.....................
Sec.   63.9(j)-(k)...................  Change in information    Yes....................
                                        already submitted
                                        Electronic reporting.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.

[[Page 36370]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart BBBBBB--National Emission Standards for Hazardous Air 
Pollutants for Source Category: Gasoline Distribution Bulk 
Terminals, Bulk Plants, and Pipeline Facilities

0
98. Table 3 to subpart BBBBBB of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

                    Table 3 to Subpart BBBBBB of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              BBBBBB
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Notifications..........  Electronic reporting     Yes.
                                                                 procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping..........  Recordkeeping for        Yes.
                                                                 electronic reporting.
----------------------------------------------------------------------------------------------------------------

Subpart CCCCCC--National Emission Standards for Hazardous Air 
Pollutants for Source Category: Gasoline Dispensing Facilities

0
99. Table 3 to subpart CCCCCC of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and Sec.  63.10(g) in numerical order to read as 
follows:

                    Table 3 to Subpart CCCCCC of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              CCCCCC
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Notifications..........  Electronic reporting     Yes.
                                                                 procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping..........  Recordkeeping for        Yes.
                                                                 electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HHHHHH--National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources

0
100. Revise Sec.  63.11175(a) introductory text to read as follows:


Sec.  63.11175  What notifications must I submit?

    (a) Initial Notification. If you are the owner or operator of a 
paint stripping operation using paint strippers containing MeCl and/or 
a surface coating operation subject to this subpart, you must submit 
the initial notification required by Sec.  63.9(b). For a new affected 
source, you must submit the Initial Notification no later than 180 days 
after initial startup or July 7, 2008, whichever is later. For an 
existing affected source, you must submit the initial notification no 
later than January 11, 2010 or no later than 120 days after the source 
becomes subject to this subpart. The initial notification must provide 
the information specified in paragraphs (a)(1) through (8) of this 
section.
* * * * *

Subpart XXXXXX--National Emission Standards for Hazardous Air 
Pollutants Area Source Standards for Nine Metal Fabrication and 
Finishing Source Categories

0
101. Revise Sec.  63.11519(a)(1) introductory text to read as follows:


Sec.  63.11519  What are my notifications, recordkeeping, and reporting 
requirements?

    (a) What notifications must I submit?--(1) Initial notification. If 
you are the owner or operator of an area source in one of the nine 
metal

[[Page 36371]]

fabrication and finishing source categories, as defined in Sec.  
63.11514, you must submit the initial notification required by Sec.  
63.9(b), for a new affected source no later than 120 days after initial 
startup or November 20, 2008, whichever is later. For an existing 
affected source, you must submit the initial notification no later than 
July 25, 2011 or no later than 120 days after the source becomes 
subject to this subpart. Your initial notification must provide the 
information specified in paragraphs (a)(1)(i) through (iv) of this 
section.
* * * * *

Subpart YYYYYY--National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Ferroalloys Production Facilities

0
102. Revise Sec.  63.11529(a) to read as follows:


Sec.  63.11529  What are the notification, reporting, and recordkeeping 
requirements?

    (a) Initial notification. You must submit the initial notification 
required by Sec.  63.9(b)(2) no later than 120 days after December 23, 
2008 or no later than 120 days after the source becomes subject to this 
subpart. The initial notification must include the information 
specified in Sec.  63.9(b)(2)(i) through (b)(2)(iv).
* * * * *

Subpart AAAAAAA--National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing 
Manufacturing

0
103. Revise Sec.  63.11564(a)(2) to read as follows:


Sec.  63.11564  What are my notification, recordkeeping, and reporting 
requirements?

    (a) * * *
    (2) As specified in Sec.  63.9(b)(2), if you have an existing 
affected source, you must submit an initial notification not later than 
120 calendar days after December 2, 2009 or no later than 120 days 
after the source becomes subject to this subpart.
* * * * *

Subpart BBBBBBB--[Amended]

0
104. Revise Sec.  63.11585(b)(1) to read as follows:


Sec.  63.11585  What are my notification, recordkeeping, and reporting 
requirements?

* * * * *
    (b) * * *
    (1) Initial notification of applicability. If you own or operate an 
existing affected source, you must submit an initial notification of 
applicability as required by Sec.  63.9(b)(2) no later than April 29, 
2010 or no later than 120 days after the source becomes subject to this 
subpart. If you own or operate a new affected source, you must submit 
an initial notification of applicability required by Sec.  63.9(b)(2) 
no later than 120 days after initial start-up of operation or April 29, 
2010, whichever is later. The initial notification of applicability 
must include the information specified in Sec.  63.9(b)(2)(i) through 
(iii).
* * * * *

Subpart CCCCCCC--National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Paints and Allied Products 
Manufacturing

0
105. Revise Sec.  63.11603(a)(1) introductory text to read as follows:


Sec.  63.11603  What are the notification, recordkeeping, and reporting 
requirements?

    (a) * * *
    (1) Initial notification of applicability. If you own or operate an 
existing affected source, you must submit an initial notification of 
applicability required by Sec.  63.9(b)(2) no later than June 1, 2010, 
or no later than 120 days after the source becomes subject to this 
subpart. If you own or operate a new affected source, you must submit 
an initial notification of applicability required by Sec.  63.9(b)(2) 
no later than 180 days after initial start-up of the operations or June 
1, 2010, whichever is later. The notification of applicability must 
include the information specified in paragraphs (a)(1)(i) through (iii) 
of this section.
* * * * *

Subpart HHHHHHH--National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyvinyl Chloride and Copolymers 
Production

0
106. Table 4 to subpart HHHHHHH of part 63 is amended by adding entries 
for Sec. Sec.  63.9(k) and 63.10(g) in numerical order to read as 
follows:

              Table 4 to Subpart HHHHHHH of Part 63--Applicability of General Provisions to Part 63
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                  HHHHHHH                  Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................
                                        procedures.
 
                                                  * * * * * * *
Sec.   63.10(g)......................  Recordkeeping for        Yes....................
                                        electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-14252 Filed 7-25-19; 8:45 am]
BILLING CODE 6560-50-P

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