Outer Continental Shelf Air Regulations; Consistency Update for North Carolina, 86094-86100 [2023-27091]
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,’’
EPA, May 25, 1988 (the Bluebook, revised
January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies,’’
EPA Region IX, August 21, 2001 (the Little
Bluebook).
4. ‘‘Control Techniques Guidelines for the
Oil and Natural Gas Industry,’’ EPA–453/B–
16–001, October 2016.
B. Does the rule meet the evaluation
criteria?
This rule meets CAA requirements
and is consistent with relevant guidance
regarding enforceability and SIP
revisions. The TSD has more
information on our evaluation.
C. EPA Recommendations To Further
Improve the Rule
The TSD includes recommendations
for the next time VCAPCD modifies the
rule.
D. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule because it
fulfills all relevant requirements. We
will accept comments from the public
on this proposal until January 11, 2024.
If we take final action to approve the
submitted rule, our final action will
incorporate this rule into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
VCAPCD Rule 71, revised on May 11,
2021, which regulates definitions of
terms. The EPA has made, and will
continue to make, these materials
available through https://
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
merely proposes to approve state law as
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meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it proposes to approve a state
program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
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and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The State did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA did not perform an
EJ analysis and did not consider EJ in
this action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. Consideration of EJ is not required
as part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: December 2, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023–27108 Filed 12–11–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[EPA–R04–OAR–2023–0535; FRL–11589–
01–R4]
Outer Continental Shelf Air
Regulations; Consistency Update for
North Carolina
Environmental Protection
Agency.
ACTION: Proposed rule; consistency
update.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to update a
portion of the Outer Continental Shelf
(OCS) Air Regulations. Requirements
applying to OCS sources located within
25 miles of States’ seaward boundaries
must be updated periodically to remain
consistent with the requirements of the
corresponding onshore area (COA), as
SUMMARY:
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mandated by section 328(a)(1) of the
Clean Air Act (CAA). The portion of the
OCS air regulations that is being
updated pertains to the requirements for
OCS sources for which North Carolina
is the designated COA. North Carolina’s
requirements discussed in this
document are proposed to be
incorporated by reference into the Code
of Federal Regulations and listed in the
appendix to the OCS air regulations.
DATES: Written comments must be
received on or before January 11, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2023–0535 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
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. 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.
FOR FURTHER INFORMATION CONTACT:
Kathleen Weil, Air Permits Section, Air
Planning and Implementation Branch,
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–9170. Ms. Weil can
also be reached via electronic mail at
weil.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 1992, EPA
promulgated 40 CFR part 55, which
established requirements to control air
pollution from OCS sources in order to
attain and maintain Federal and State
ambient air quality standards and to
comply with the provisions of part C of
title I of the CAA. The regulations at 40
CFR part 55 apply to all OCS sources
except those located in the Gulf of
Mexico west of 87.5 degrees longitude.
See 40 CFR 55.3(a). Section 328 of the
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CAA requires that for such sources
located within 25 miles of a State’s
seaward boundary, the requirements
shall be the same as would be
applicable if the sources were located in
the COA. Because the OCS requirements
are based on onshore requirements, and
onshore requirements may change,
section 328(a)(1) requires that EPA
update the OCS requirements as
necessary to maintain consistency with
onshore requirements.
Pursuant to 40 CFR 55.12, consistency
reviews will occur: (1) At least annually
where an OCS activity is occurring
within 25 miles of a State seaward
boundary; (2) upon receipt of a Notice
of Intent (NOI) under 40 CFR 55.4; or (3)
when a State or local agency submits a
rule to EPA to be considered for
incorporation by reference in 40 CFR
part 55. This proposed action is being
taken in preparation for a potential
upcoming OCS project due to receipt of
an NOI. Public comments received in
writing within 30 days of publication of
this document will be considered by
EPA before publishing a final rule.
Section 328(a) of the CAA requires
that EPA establish requirements to
control air pollution from OCS sources
located within 25 miles of States’
seaward boundaries that are the same as
onshore requirements. To comply with
this statutory mandate, EPA must
incorporate applicable onshore rules
into 40 CFR part 55 as they exist
onshore. This limits EPA’s flexibility in
deciding which requirements will be
incorporated into 40 CFR part 55 and
prevents EPA from making substantive
changes to the requirements it
incorporates. As a result, EPA may be
incorporating rules into 40 CFR part 55
that do not conform to all of EPA’s State
Implementation Plan (SIP) guidance or
certain requirements of the CAA.
Consistency updates may result in the
inclusion of State or local rules or
regulations into 40 CFR part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the CAA for SIP approval, nor does
it imply that the rule will be approved
by EPA for inclusion in the SIP.
II. EPA Analysis
EPA reviewed North Carolina’s rules
for inclusion in 40 CFR part 55 to
ensure that they are rationally related to
the attainment or maintenance of
Federal or State ambient air quality
standards and compliance with part C of
title I of the CAA, that they are not
designed expressly to prevent
exploration and development of the
OCS, and that they are potentially
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applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules
to ensure they are not arbitrary or
capricious. See 40 CFR 55.12(e). In
addition, EPA has excluded
administrative or procedural rules, and
requirements that regulate toxics which
are not related to the attainment and
maintenance of Federal and State
ambient air quality standards.1
III. Proposed Action
EPA last did a consistency update for
North Carolina on March 3, 2009 (74 FR
9166). In that action, EPA incorporated
by reference into 40 CFR part 55 all
North Carolina regulations that EPA
believed were relevant to the OCS
requirements. For this proposed action,
EPA has reviewed changes that North
Carolina has made to its underlying
regulatory programs since the last
consistency update. This proposed
action will have no effect on any
provisions that were not subject to
changes by North Carolina and were
also previously incorporated by
reference into Part 55 through EPA’s
March 3, 2009, rulemaking. The rules
that EPA proposes to incorporate are
applicable provisions of the North
Carolina Administrative Code (NCAC)
and are listed in detail at the end of this
Notice. The intended effect of proposing
approval of the OCS requirements for
the North Carolina Department of
Environmental Quality (NCDEQ) is to
regulate emissions from OCS sources in
accordance with the requirements for
onshore sources. EPA is soliciting
public comments on the issues
discussed in this document. These
comments will be considered before
taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, and as
discussed in Sections II and III of this
preamble, EPA is proposing to
incorporate by reference the North
Carolina rules set forth below. EPA has
made, and will continue to make, these
materials available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
1 Each COA which has been delegated the
authority to implement and enforce 40 CFR part 55
will use its administrative and procedural rules as
onshore. However, in those instances where EPA
has not delegated authority to implement and
enforce 40 CFR part 55, EPA will use its own
administrative and procedural requirements to
implement the substantive requirements. See 40
CFR 55.14(c)(4).
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section of this
preamble for more information).
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INFORMATION CONTACT
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to establish
requirements to control air pollution
from OCS sources located within 25
miles of States’ seaward boundaries that
are the same as onshore air pollution
control requirements. To comply with
this statutory mandate, the EPA must
incorporate applicable onshore rules
into 40 CFR part 55 as they exist
onshore. See 42 U.S.C. 7627(a)(1); 40
CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA’s role is to
maintain consistency between OCS
regulations and the regulations of
onshore areas, provided that they meet
the criteria of the CAA. Accordingly,
this proposed action simply proposes to
update the existing OCS requirements
that have been revised since the last
consistency review to make them
consistent with requirements onshore,
without the exercise of any policy
direction by EPA. For that reason, this
proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (PRA)
(44 U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
Additionally, Executive Order 12898
(59 FR 7629, February 16, 1994) directs
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Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
Indigenous peoples) and low-income
populations.
EPA believes that this specific
proposed action does not concern
human health or environmental
conditions and therefore cannot be
evaluated with respect to potentially
disproportionate and adverse effects on
people of color, low-income populations
and/or Indigenous peoples. This
proposed action simply fulfills EPA’s
statutory mandate to ensure regulatory
consistency between the COA and inner
OCS consistent with the Stated
objectives of CAA section 328(a)(1).
Specifically, section 328(a)(1) requires
EPA to establish requirements to control
air pollution from OCS sources ‘‘to
attain and maintain Federal and State
ambient air quality standards and to
comply with the provisions of part C of
[title I of the CAA]’’ and, for inner OCS
sources (located within 25 miles of the
seaward boundary of such States), to
establish requirements that are ‘‘the
same as would be applicable if the
source were located in the COA.’’ This
section of the Act also States that ‘‘the
Administrator shall update such
requirements as necessary to maintain
consistency with onshore regulations
and this chapter.’’ As noted in the
preamble, compliance with this
requirement limits EPA’s discretion in
deciding what will be incorporated into
40 CFR part 55.
The State regulations relevant to the
OCS that are proposed for incorporation
into the CFR went through North
Carolina’s public rulemaking process,
including public notice and comment.
This proposed action seeks to
incorporate into the CFR those State
regulations, which are already effective
onshore, to ensure regulatory
consistency with the COA as mandated
by CAA section 328(a)(1). This is a
routine and ministerial consistency
update that does not directly affect any
human health or environmental
conditions. In addition, EPA is
providing for meaningful public
involvement on this rule through the
notice and comment process.
This proposed rule to incorporate by
reference sections of the NCAC into the
CFR does not apply on any Indian
reservation land as defined in 18 U.S.C.
1151 or in any other area where EPA or
an Indian tribe has demonstrated that a
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tribe has jurisdiction. In those areas of
Indian country, this rule incorporating
by reference sections of the NCAC does
not have Tribal implications and will
not impose substantial direct costs on
Tribal governments or preempt Tribal
law as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
This proposed action does not impose
any new information collection burden
under the PRA. The Office of
Management and Budget (OMB) has
previously approved the information
collection activities contained in the
existing regulations at 40 CFR part 55
and, by extension, this update to Part
55, and has assigned OMB control
number 2060–0249. This proposed
action does not impose a new
information burden under PRA because
this proposed action only proposes to
update the State rules that are
incorporated by reference into 40 CFR
part 55, Appendix A.2
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedure,
Air pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter,
Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: December 5, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
Part 55 of Chapter I, title 40 of the
Code of Federal Regulations is proposed
to be amended as follows:
PART 55—OUTER CONTINENTAL
SHELF AIR REGULATIONS
1. The authority citation for part 55
continues to read as follows:
■
Authority: Section 328 of the Clean Air Act
(42 U.S.C. 7401 et seq.) as amended by Public
Law 101–549.
2. Amend § 55.14 by revising
paragraph (e)(17)(i)(A) to read as
follows:
■
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
*
*
*
(e) * * *
(17) * * *
(i) * * *
*
*
2 OMB’s approval of the ICR can be viewed at
www.reginfo.gov.
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(A) State of North Carolina Air Pollution
Control Requirements Applicable to
OCS Sources, November 8, 2023
*
*
*
*
*
3. Appendix A to part 55 is amended
by revising paragraph (a)(1) under the
heading ‘‘North Carolina’’ to read as
follows:
■
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference Into Part 55, by State
*
*
*
*
*
North Carolina:
(a) * * *
(1) The following State of North Carolina
requirements are applicable to OCS sources,
November 8, 2023, State of North Carolina—
Department of Environmental Quality.
The following sections of subchapter 02D
and 02Q:
15A NCAC Subchapter 02D—Air Pollution
Control Requirements
Section .0100—Definitions and References
02D. 0101 Definitions (Effective 01/01/
2018)
02D. 0103 Copies of Referenced Federal
Regulations (Effective 09/01/2023)
02D. 0104 Incorporation by reference
(Effective 01/01/2018)
02D. 0105 Mailing List (Effective 01/01/
2018)
Section .0200—Air Pollution Sources
02D. 0201 Classification of air pollution
sources (Effective 01/01/2018)
02D. 0202 Registration of air pollution
sources (Effective 01/01/2018)
Section .0300—Air Pollution Emergencies
02D. 0301 Purpose (Effective 01/01/2018)
02D. 0302 Episode criteria (Effective 01/01/
2018)
02D. 0303 Emission reduction plans
(Effective 01/01/2018)
02D. 0304 Preplanned abatement program
(Effective 01/01/2018)
02D. 0305 Emission reduction plan: Alert
Level (Effective 01/01/2018)
02D. 0306 Emission reduction plan:
Warning Level (Effective 01/01/2018)
02D. 0307 Emission reduction plan:
Emergency Level (Effective 01/01/2018)
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Section .0400—Ambient Air Quality
Standards
02D. 0401 Purpose (Effective 01/01/2018)
02D. 0402 Sulfur oxides (Effective 01/01/
2018)
02D. 0403 Total suspended particulates
(Effective 11/01/2020)
02D. 0404 Carbon monoxide (Effective 01/
01/2018)
02D. 0405 Ozone (Effective 01/01/2018)
02D. 0407 Nitrogen dioxide (Effective 01/
01/2018)
02D. 0408 Lead (Effective 01/01/2018)
02D. 0409 PM10 particulate matter
(Effective 01/01/2018)
02D. 0410 PM2.5 particulate matter
(Effective 01/01/2018)
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Section .0500—Emission Control Standards
02D. 0501 Compliance with emission
control standards (Effective 09/01/2023)
02D. 0502 Purpose (Effective 11/01/2020)
02D. 0503 Particulates from fuel burning
indirect heat exchangers (Effective 11/01/
2023)
02D. 0504 Particulates from wood burning
indirect heat exchangers (Effective 11/01/
2020)
02D. 0506 Particulates from hot mix asphalt
plants (Effective 11/01/2023)
02D. 0507 Particulates from chemical
fertilizer manufacturing plants (Effective
11/01/2020)
02D. 0508 Particulates from pulp and paper
mills (Effective 11/01/2020)
02D. 0509 Particulates from Mica or
Feldspar processing plants (Effective 11/
01/2020)
02D. 0510 Particulates from sand, gravel, or
crushed stone operations (Effective 11/01/
2020)
02D. 0511 Particulates from lightweight
aggregate processes (Effective 11/01/2020)
02D. 0512 Particulates from wood products
finishing plants (Effective 11/01/2020)
02D. 0513 Particulates from portland
cement plants (Effective 11/01/2020)
02D. 0514 Particulates from ferrous jobbing
foundries (Effective 11/01/2020)
02D. 0515 Particulates from miscellaneous
industrial processes (Effective 11/01/2020)
02D. 0516 Sulfur dioxide emissions from
combustion sources (Effective 6/1/2023)
02D. 0517 Emissions from plants producing
sulfuric acid (Effective 11/01/2020)
02D. 0519 Control of nitrogen dioxide and
nitrogen oxides emissions (Effective 11/01/
2020)
02D. 0521 Control of visible emissions
(Effective 11/01/2020)
02D. 0524 New Source Performance
Standards (Effective 11/01/2020)
02D. 0527 Emissions from spodumene ore
roasting (Effective 11/01/2020)
02D. 0528 Total reduced sulfur from kraft
pulp mills (Effective 11/01/2020)
02D. 0529 Fluoride emissions from primary
aluminum reduction plants (Effective 11/
01/2020)
02D. 0530 Prevention of significant
deterioration (Effective 10/01/2020)
02D. 0531 Sources in nonattainment areas
(Effective 11/01/2020)
02D. 0532 Sources contributing to an
ambient violation (Effective (11/01/2023)
02D. 0533 Stack height (Effective 11/01/
2020)
02D. 0534 Fluoride emissions from
phosphate fertilizer industry (Effective 11/
01/2020)
02D. 0535 Excess emissions reporting and
malfunctions (Effective 11/01/2020)
02D. 0537 Control of mercury emissions
(Effective 11/01/2020)
02D. 0538 Control of ethylene oxide
emissions (Effective 11/01/2020)
02D. 0539 Odor control of feed ingredient
manufacturing plants (Effective 11/01/
2020)
02D. 0540 Particulates from fugitive dust
emission sources (Effective 09/01/2019)
02D. 0541 Control of emissions from
abrasive blasting (Effective 11/01/2020)
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02D. 0542 Control of particulate emissions
from cotton ginning operations (Effective
11/01/2020)
02D. 0543 Best Available Retrofit
Technology (Effective 11/01/2020)
02D. 0544 Prevention of Significant
Deterioration Requirements for Greenhouse
Gases (Effective 11/01/2020)
02D. 0546 Control of Emissions from Log
Fumigation Operations (Effective 09/01/
2023)
Section .0600—Monitoring: Recordkeeping:
Reporting
02D. 0601 Purpose and scope (Effective 11/
01/2019)
02D. 0602 Definitions (Effective 11/01/
2019)
02D. 0604 Exceptions to monitoring and
reporting requirements (Effective 11/01/
2019)
02D. 0605 General recordkeeping and
reporting requirements (Effective 09/01/
2023)
02D. 0606 Sources covered by appendix P
of 40 CFR part 51 (Effective 11/01/2019)
02D. 0607 Large wood and wood-fossil fuel
combination units (Effective 11/01/2019)
02D. 0608 Other large coal or residual oil
burners (Effective 10/01/2022)
02D. 0610 Federal monitoring requirements
(Effective 11/01/2019)
02D. 0611 Monitoring emissions from other
sources (Effective 11/01/2019)
02D. 0612 Alternative monitoring and
reporting procedures (Effective 11/01/
2019)
02D. 0613 Quality assurance program
(Effective 11/01/2019)
02D. 0614 Compliance assurance
monitoring (Effective 11/01/2023)
Section .0900—Volatile Organic Compounds
02D. 0901 Definitions (Effective 11/01/
2020)
02D. 0902 Applicability (Effective 11/01/
2020)
02D. 0903 Recordkeeping: reporting:
monitoring (Effective 11/01/2020)
02D. 0906 Circumvention (Effective 11/01/
2020)
02D. 0909 Compliance schedules for
sources in ozone nonattainment and
maintenance areas (Effective 11/01/2020)
02D. 0912 General provisions on test
methods and procedures (Effective 11/01/
2020)
02D. 0918 Can coating (Effective 11/01/
2023)
02D. 0919 Coil coating (Effective 11/01/
2020)
02D. 0922 Metal furniture coatings
(Effective 11/01/2020)
02D. 0923 Surface coating of large
appliances (Effective 11/01/2020)
02D. 0924 Magnet wire coating (Effective
11/01/2020)
02D. 0925 Petroleum liquid storage in fixed
roof tanks (Effective 11/01/2020)
02D. 0926 Bulk gasoline plants (Effective
11/01/2023)
02D. 0927 Bulk gasoline terminals
(Effective 11/01/2023)
02D. 0928 Gasoline service stations stage I
(Effective 11/01/2023)
02D. 0930 Solvent metal cleaning (Effective
11/01/2020)
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules
02D. 0931 Cutback asphalt (Effective 11/01/
2020)
02D. 0932 Gasoline cargo tanks and vapor
collection systems (Effective 11/01/2023)
02D. 0933 Petroleum liquid storage in
external floating roof tanks (Effective 11/
01/2020)
02D. 0935 Factory surface coating of flat
wood paneling (Effective 11/01/2020)
02D. 0937 Manufacture of pneumatic
rubber tires (Effective 11/01/2020)
02D. 0943 Synthetic organic chemical and
polymer manufacturing (Effective 10/01/
2022)
02D. 0944 Manufacture of polyethylene:
polypropylene and polystyrene (Effective
10/01/2020)
02D. 0945 Petroleum dry cleaning (Effective
10/01/2020)
02D. 0947 Manufacture of synthesized
pharmaceutical products (Effective 11/01/
2020)
02D. 0948 VOC emissions from transfer
operations (Effective 11/01/2020)
02D. 0949 Storage of miscellaneous volatile
organic compounds (Effective 10/1/2022)
02D. 0951 RACT for sources of volatile
organic compounds (Effective 11/01/2020)
02D. 0952 Petition for alternative controls
for RACT (Effective 11/01/2020)
02D. 0955 Thread bonding manufacturing
(Effective 11/01/2020)
02D. 0956 Glass Christmas ornament
manufacturing (Effective 11/01/2020)
02D. 0957 Commercial bakeries (Effective
11/01/2020)
02D. 0958 Work practices for sources of
volatile organic compounds (Effective 11/
01/2020)
02D. 0959 Petition for superior alternative
controls (Effective 11/01/2020)
02D. 0960 Cargo Tank Leak Tester Report
(Effective 11/01/2023)
02D. 0961 Offset Lithographic Printing and
Letterpress Printing (Effective 11/01/2023)
02D. 0962 Industrial Cleaning Solvents
(Effective 11/01/2020)
02D. 0963 Fiberglass Boat Manufacturing
Materials (Effective 11/01/2020)
02D. 0964 Miscellaneous Industrial
Adhesives (Effective 11/01/2023)
02D. 0965 Flexible Package Printing
(Effective 11/01/2020)
02D. 0966 Paper, Film and Foil Coatings
(Effective 11/01/2020)
02D. 0967 Miscellaneous Metal and Plastic
Parts Coatings (Effective 11/01/2020)
02D. 0968 Automobile and Light Duty
Truck Assembly Coatings (Effective 11/01/
2020)
ddrumheller on DSK120RN23PROD with PROPOSALS1
Section .1000—Motor Vehicle Emission
Control Standard
02D. 1001 Purpose (Effective 07/01/2018)
02D. 1002 Applicability (Effective 07/01/
2018)
02D. 1003 Definitions (Effective 07/01/
2018)
02D. 1005 On-Board Diagnostic Standards
(Effective 07/01/2018)
02D. 1006 Sale and Service of Analyzers
(Effective 07/01/2018)
02D. 1008 Heavy Duty Diesel Engine
Requirements (Effective 07/01/2018)
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Section .1100—Control of Toxic Air
Pollutants
02D. 1101 Purpose (Effective 07/01/2018)
02D. 1102 Applicability (Effective 07/01/
2018)
02D. 1103 Definition (Effective 07/01/2018)
02D. 1104 Toxic air pollutant guidelines
(Effective 07/01/2018)
02D. 1105 Facility reporting, recordkeeping
(Effective 07/01/2018)
02D. 1106 Determination of ambient air
concentration (Effective 07/01/2018)
02D. 1107 Multiple facilities (Effective 07/
01/2018)
02D. 1108 Multiple pollutants (Effective 07/
01/2018)
02D. 1109 112(j) case-by-case maximum
achievable control technology (Effective
07/01/2018)
02D. 1110 National Emission Standards for
Hazardous Air Pollutants (Effective 07/01/
2018)
02D. 1111 Maximum Achievable Control
Technology (Effective 07/01/2018)
02D. 1112 112(g) case by case maximum
achievable control technology (Effective
07/01/2018)
Section .1200—Control of Emissions From
Incinerators
02D. 1201 Purpose and scope (Effective 07/
01/2018)
02D. 1202 Definitions (Effective 07/01/
2018)
02D. 1204 Sewage sludge and sludge
incinerators (Effective 12/01/2021)
02D. 1206 Hospital, medical, and infectious
waste incinerators (Effective 07/01/2018)
02D. 1208 Other incinerators (Effective 07/
01/2018)
02D. 1210 Commercial and industrial solid
waste incineration units (Effective 07/01/
2018)
Section .1400—Nitrogen Oxides
02D. 1401 Definitions (Effective 05/01/
2022)
02D. 1402 Applicability (Effective 05/01/
2022)
02D. 1403 Compliance schedules (Effective
11/01/2023)
02D. 1404 Recordkeeping: Reporting:
Monitoring: (Effective 10/01/2020)
02D. 1405 Circumvention (Effective 10/01/
2020)
02D. 1407 Boilers and indirect-fired process
heaters (Effective 10/01/2020)
02D. 1408 Stationary combustion turbines
(Effective 10/01/2020)
02D. 1409 Stationary internal combustion
engines (Effective 10/01/2020)
02D. 1410 Emissions averaging (Effective
10/01/2020)
02D. 1411 Seasonal fuel switching
(Effective 10/01/2020)
02D. 1412 Petition for alternative
limitations (Effective 10/01/2020)
02D. 1413 Sources not otherwise listed in
this section (Effective 10/01/2020)
02D. 1414 Tune-up requirements (Effective
10/01/2020)
02D. 1415 Test methods and procedures
(Effective 10/01/2020)
02D. 1418 New electric generating units,
large boilers, and large I/C engines
(Effective 10/01/2022)
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Sfmt 4702
02D. 1423 Large Internal Combustion
Engines (Effective 10/01/2020)
02D. 1424 Large Non-Electric Generating
Units (Effective 05/01/2022)
02D. 1425 NOX SIP Call Budget (Effective
05/01/2022)
Section .1900—Open Burning
02D. 1901 Open burning: Purpose: Scope
(Effective 09/01/2019)
02D. 1902 Definitions (Effective 09/01/
2019)
02D. 1903 Open burning without an air
quality permit (Effective 09/01/2023)
02D. 1904 Air curtain incinerators
(Effective 09/01/2023)
02D. 1905 Regional office locations
(Effective 9/01/2023)
02D. 1906 Delegation to county
governments (Effective 09/01/2019)
02D. 1907 Multiple violations arising from
a single episode (Effective 09/01/2019)
Section .2000—Transportation Conformity
02D. 2001 Purpose, scope, and applicability
(Effective 01/01/2018)
02D. 2002 Definitions (Effective 01/01/
2018)
02D. 2003 Transportation conformity
determination (Effective 01/01/2018)
02D. 2004 Determining transportationrelated emissions (Effective 01/01/2018)
02D. 2005 Memorandum of agreement
(Effective 01/01/2018)
Section .2100—Risk Management Program
02D. 2101 Applicability (Effective 11/01/
2019)
02D. 2102 Definitions (Effective 11/01/
2019)
02D. 2103 Requirements (Effective 11/01/
2019)
02D. 2104 Implementation (Effective 11/01/
2019)
Section .2200—Special Orders
02D. 2201 Purpose (Effective 01/01/2018)
02D. 2202 Definitions (Effective 01/01/
2018)
02D. 2203 Public notice (Effective 01/01/
2023)
02D. 2204 Final action on consent orders
(Effective 01/01/2018)
02D. 2205 Notification of right to contest
special orders issued without consent
(Effective 01/01/2018)
Section .2300—Banking Emission Reduction
Credits
02D. 2301 Purpose (Effective 11/01/2019)
02D. 2302 Definitions (Effective 11/01/
2019)
02D. 2303 Applicability and eligibility
(Effective 11/01/2019)
02D. 2304 Qualification of emission
reduction credits (Effective 11/01/2019)
02D. 2305 Creating and banking emission
reduction credits (Effective 11/01/2019)
02D. 2306 Duration of emission reduction
credits (Effective 11/01/2019)
02D. 2307 Use of emission reduction credits
(Effective 11/01/2019)
02D. 2308 Certificates and registry
(Effective 11/01/2019)
02D. 2309 Transferring emission reduction
credits (Effective 11/01/2019)
E:\FR\FM\12DEP1.SGM
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules
02D. 2310 Revocation and changes of
emission reduction credits (Effective 11/
01/2019)
02D. 2311 Monitoring (Effective 11/01/
2019)
02Q. 0112 Applications requiring
professional engineer seal (Effective 04/01/
2018)
02Q. 0113 Notification in areas without
zoning (Effective 04/01/2018)
Section .2600—Source Testing
02D. 2601 Purpose and scope (Effective 11/
01/2019)
02D. 2602 General provisions on test
methods and procedures (Effective 11/01/
2019)
02D. 2603 Testing protocol (Effective 11/01/
2019)
02D. 2604 Number of test points (Effective
11/01/2019)
02D. 2605 Velocity and volume flow rate
(Effective 11/01/2019)
02D. 2606 Molecular weight (Effective 11/
01/2019)
02D. 2607 Determination of moisture
content (Effective 11/01/2019)
02D. 2608 Number of runs and compliance
determination (Effective 10/01/2022)
02D. 2609 Particulate testing methods
(Effective 11/01/2019)
02D. 2610 Opacity (Effective 11/01/2019)
02D. 2611 Sulfur dioxide testing methods
(Effective 11/01/2019)
02D. 2612 Nitrogen oxide testing methods
(Effective 11/01/2019)
02D. 2613 Volatile organic compound
testing methods (Effective 11/01/2019)
02D. 2614 Determination of VOC emission
control system efficiency (Effective 11/01/
2019)
02D. 2615 Determination of leak tightness
and vapor leaks (Effective 10/01/2020)
02D. 2616 Fluorides (Effective 11/01/2019)
02D. 2617 Total reduced sulfur (Effective
11/01/2019)
02D. 2618 Mercury (Effective 11/01/2019)
02D. 2619 Arsenic, beryllium, cadmium,
hexavalent chromium (Effective 11/01/
2019)
02D. 2620 Dioxins and furans (Effective 11/
01/2019)
02D. 2621 Determination of pollutant
emissions using the f-factor (Effective 11/
01/2019)
Section .0200—Permit Fees
ddrumheller on DSK120RN23PROD with PROPOSALS1
Subchapter 02Q—Air Quality Permits
Procedures
Section .0100—General Provisions
02Q. 0101 Required air quality permits
(Effective 4/1/18)
02Q. 0102 Activities exempted from permit
requirements (Effective 11/01/2023)
02Q. 0103 Definitions (Effective 09/01/
2022)
02Q. 0104 Where to obtain and file permit
applications (Effective 09/01/2023)
02Q. 0105 Copies of referenced documents
(Effective 09/01/2023)
02Q. 0106 Incorporation by reference
(Effective 04/01/2018)
02Q. 0107 Confidential information
(Effective 04/01/2018)
02Q. 0108 Delegation of authority (Effective
04/01/2018)
02Q. 0109 Compliance schedule for
previously exempted activities (Effective
04/01/2018)
02Q. 0110 Retention of permit at permitted
facility (Effective 04/01/2018)
02Q. 0111 Applicability determinations
(Effective 04/01/2018)
VerDate Sep<11>2014
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02Q. 0201 Applicability (Effective 04/01/
2018)
02Q. 0202 Definitions (Effective 04/01/2018)
02Q. 0203 Permit and application fees
(Effective 11/18/2021)
02Q. 0204 Inflation adjustment (Effective 04/
01/2018)
02Q. 0205 Other adjustments (Effective 04/
01/2018)
02Q. 0206 Payment of fees (Effective 09/01/
2023)
02Q. 0207 Annual emissions reporting
(Effective 04/01/2018)
Section .0300—Construction and Operation
Permits
02Q. 0301 Applicability (Effective 04/01/
2018)
02Q. 0303 Definitions (Effective 04/01/
2018)
02Q. 0304 Applications (Effective 09/01/
2023)
02Q. 0305 Application submittal content
(Effective 09/01/2023)
02Q. 0306 Permits requiring public
participation (Effective 04/01/2018)
02Q. 0307 Public participation procedures
(Effective 09/01/2023)
02Q. 0308 Final action on permit
applications (Effective 04/01/2018)
02Q. 0309 Termination, modification, and
revocation of permits (Effective 04/01/
2018)
02Q. 0310 Permitting of numerous similar
facilities (Effective 04/01/2018)
02Q. 0311 Permitting of facilities at
multiple temporary sites (Effective 04/01/
2018)
02Q. 0312 Application processing schedule
(Effective 04/01/2018)
02Q. 0313 Expedited application processing
schedule (Effective 04/01/2018)
02Q. 0314 General requirements for all
permits (Effective 04/01/2018)
02Q. 0315 Synthetic minor facilities
(Effective 04/01/2018)
02Q. 0316 Administrative permit
amendments (Effective 04/01/2018)
02Q. 0317 Avoidance conditions (Effective
04/01/2018)
02Q. 0318 Changes Not Requiring Permit
Revisions (Effective 04/01/2018)
Section .0400—Acid Rain Procedures
02Q. 0401 Purpose and applicability
(Effective 04/01/2018)
02Q. 0402 Acid rain permitting procedures
(Effective 04/01/2018)
Section .0500—Title V Procedures
02Q. 0501 Purpose of section and
requirement for a permit (Effective 04/01/
2018)
02Q. 0502 Applicability (Effective 04/01/
2018)
02Q. 0503 Definitions (Effective 9/01/2022)
02Q. 0504 Option for obtaining
construction and operation permit
(Effective 9/01/2022)
PO 00000
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Fmt 4702
Sfmt 4702
86099
02Q. 0505 Application submittal content
(Effective 09/01/2023)
02Q. 0507 Application (Effective 09/01/
2023)
02Q. 0508 Permit content (Effective 09/01/
2023)
02Q. 0509 Permitting of numerous similar
facilities (Effective 09/01/2022)
02Q. 0510 Permitting of facilities at
multiple temporary sites (Effective 04/01/
2018)
02Q. 0512 Permit shield and application
shield (Effective 04/01/2018)
02Q. 0513 Permit renewal and expiration
(Effective 04/01/2018)
02Q. 0514 Administrative permit
amendments (Effective 09/01/2022)
02Q. 0515 Minor permit modifications
(Effective 04/01/2018)
02Q. 0516 Significant permit modification
(Effective 09/01/2022)
02Q. 0517 Reopening for cause (Effective
04/01/2018)
02Q. 0518 Final action (Effective 09/01/
2022)
02Q. 0519 Termination, modification,
revocation of permits (Effective 04/01/
2018)
02Q. 0520 Certification by responsible
official (Effective 04/01/2018)
02Q. 0521 Public participation (Effective
09/01/2022)
02Q. 0522 Review by EPA and affected
States (Effective 09/01/2022)
02Q. 0523 Changes not requiring permit
revisions (Effective 04/01/2018)
02Q. 0524 Ownership change (Effective 04/
01/2018)
02Q. 0525 Application processing schedule
(Effective 09/01/2022)
02Q. 0526 112(j) case-by-case MACT
procedures (Effective 08/01/2022)
02Q. 0527 Expedited application processing
schedule (Effective 04/01/2018)
02Q. 0528 112(g) case-by-case MACT
procedures (Effective 04/01/2018)
Section .0700—Toxic Air Pollutant
Procedures
02Q. 0701 Applicability (Effective 07/01/
2018)
02Q. 0702 Exemptions (Effective 07/01/
2018)
02Q. 0703 Definitions (Effective 07/01/
2018)
02Q. 0704 New facilities (Effective 07/01/
2018)
02Q. 0706 Modifications (Effective 11/01/
2023)
02Q. 0707 Previously permitted facilities
(Effective 07/01/2018)
02Q. 0708 Compliance schedule for
previously unknown toxic air pollutant
emissions (Effective 07/01/2018)
02Q. 0709 Demonstrations (Effective 07/01/
2018)
02Q. 0710 Public notice and opportunity
for public hearing (Effective 09/01/2023)
02Q. 0711 Emission rates requiring a permit
(Effective 07/01/2018)
02Q. 0712 Calls by the director (Effective
07/01/2018)
Section .0800—Exclusionary Rules
02Q. 0801 Purpose and scope (Effective 04/
01/2018)
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules
02Q. 0802 Gasoline service stations and
dispensing facilities (Effective 04/01/2018)
02Q. 0803 Coating, solvent cleaning,
graphic arts operations (Effective 04/01/
2018)
02Q. 0804 Dry cleaning facilities (Effective
04/01/2018)
02Q. 0805 Grain elevators (Effective 04/01/
2018)
02Q. 0806 Cotton gins (Effective 04/01/
2018)
02Q. 0807 Emergency generators (Effective
04/01/2018)
02Q. 0808 Peak shaving generators
(Effective 04/01/2018)
02Q. 0810 Air curtain burners (Effective 04/
01/2018)
Section .0900—Permit Exemptions
02Q. 0901 Purpose and scope (Effective 04/
01/2018)
02Q. 0902 Portable crushers (Effective 04/
01/2018)
02Q. 0903 Emergency generators (Effective
04/01/2018)
*
*
*
*
*
[FR Doc. 2023–27091 Filed 12–11–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R09–RCRA–2021–0431; FRL–8828–
04–R9]
Sorcha Vaughan, EPA Region 9, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4217 or by
email at vaughan.sorcha@epa.gov.
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; correction.
AGENCY:
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUPPLEMENTARY INFORMATION:
The Environmental Protection
Agency (EPA) approved revisions to
Arizona’s federally authorized
hazardous waste program by publishing
proposed and direct final rules in the
Federal Register on September 28, 2021.
EPA inadvertently omitted a citation to
Checklist 233 in the text of the proposed
and direct final rule. With this
correction, EPA is clarifying that
Arizona has adopted Checklist 233 and
is authorized for the Response to
Vacatur of Certain Provisions of the
Definition of Solid Waste Rule
published on May 30, 2018.
Additionally, EPA is clarifying that
Arizona is not required to adopt
Checklist 224: Withdrawal of the
Emission Comparable Fuel Exclusion.
Arizona did not adopt the exclusion
contained in Checklist 221, and thus,
does not have the exclusion as part of
its authorized state program. We are
proposing to correct these and related
errors. EPA seeks public comment prior
to taking final action.
VerDate Sep<11>2014
16:23 Dec 11, 2023
Jkt 262001
Submit your comments,
identified by Docket ID No. EPA–R09–
RCRA–2021–0431, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
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. 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Arizona: Authorization of State
Hazardous Waste Management
Program Revisions; Proposed
Correction
SUMMARY:
Comments on this proposed
correction must be received by January
11, 2024.
DATES:
A. Why are corrections to the revised
state program authorization necessary?
States that have received final
authorization from EPA under Section
3006(b) of the Resource Conservation
and Recovery Act (RCRA), 42 U.S.C.
6926(b), must maintain a hazardous
waste program that is equivalent to,
consistent with, and no less stringent
than the federal program. As the federal
program changes, states must change
their programs to maintain consistency
and stringency with the federal rules
and must ask EPA to authorize the
changes. EPA’s Federal Register notices
regarding proposed authorization of
revisions to state hazardous waste
management programs provide the
public with an opportunity to comment
and also offer details with respect to the
scope of the revised program
authorizations on which both the
general public and the regulated
community may rely. Where these
notices omit critical information or fail
to clearly delineate the scope of
authorized program revisions,
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Fmt 4702
Sfmt 4702
corrections may be necessary and/or
appropriate.
B. What corrections is EPA making to
this rule?
EPA authorized changes to Arizona’s
hazardous waste program with the
proposed and direct to final rule on
September 28, 2021 (86 FR 53558). EPA
is now proposing to correct this updated
authorization by: (1) clarifying that
Arizona has adopted and is authorized
for Response to Vacatur of Certain
Provisions of the Definition of Solid
Waste Rule 83 FR 24664 (May 5, 2018);
and (2) recognizing that because
Arizona did not adopt the exclusion
contained in Checklist 221 the adoption
of Checklist 224 is unnecessary. These
proposed corrections to the scope of
Arizona’s authorized hazardous waste
program would become effective if
finalized.
C. What happens if EPA receives
comments that oppose this proposed
action?
EPA will consider all comments
received during the comment period
and address them in a final rule. You
may not have another opportunity to
comment. If you want to comment on
the corrections proposed here, you must
do so at this time.
D. What has Arizona previously been
authorized for?
Arizona initially received final
authorization to implement its base
hazardous waste management program
on November 20, 1985. Arizona
received authorization for revisions to
its program on August 6, 1991 (56 FR
37290 effective October 7, 1991), July
13, 1992 (57 FR 30905 effective
September 11, 1992), November 23,
1992 (57 FR 54932 effective January 22,
1993), October 27, 1993 (58 FR 57745
effective December 27, 1993), July 18,
1995 (60 FR 36731 effective June 12,
1995), March 7, 1997 (62 FR 10464
effective May 6, 1997), October 28, 1998
(63 FR 57605–57608 effective December
28, 1998), March 17, 2004 (69 FR 12544
effective March 17, 2004, originally
published on October 27, 2000 (65 FR
64369)), December 20, 2017 (82 FR
60550 effective January 20, 2018), and
September 28, 2021 (86 FR 53558
effective November 29, 2021).
E. What changes is EPA proposing to
authorize with this action?
EPA proposes to correct and clarify
the terms of the September 28, 2021,
authorization of Arizona’s hazardous
waste program with respect to the
definition of a solid waste. EPA also
proposes to acknowledge that Arizona is
E:\FR\FM\12DEP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Proposed Rules]
[Pages 86094-86100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27091]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[EPA-R04-OAR-2023-0535; FRL-11589-01-R4]
Outer Continental Shelf Air Regulations; Consistency Update for
North Carolina
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; consistency update.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update a portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of States'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
[[Page 86095]]
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which North Carolina is the designated
COA. North Carolina's requirements discussed in this document are
proposed to be incorporated by reference into the Code of Federal
Regulations and listed in the appendix to the OCS air regulations.
DATES: Written comments must be received on or before January 11, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0535 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be confidential business information (CBI)
or other information whose disclosure is restricted by statute.
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. 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.
FOR FURTHER INFORMATION CONTACT: Kathleen Weil, Air Permits Section,
Air Planning and Implementation Branch, Air and Radiation Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9170.
Ms. Weil can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On September 4, 1992, EPA promulgated 40 CFR part 55, which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and State ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. The regulations at 40 CFR part 55 apply to all OCS sources except
those located in the Gulf of Mexico west of 87.5 degrees longitude. See
40 CFR 55.3(a). Section 328 of the CAA requires that for such sources
located within 25 miles of a State's seaward boundary, the requirements
shall be the same as would be applicable if the sources were located in
the COA. Because the OCS requirements are based on onshore
requirements, and onshore requirements may change, section 328(a)(1)
requires that EPA update the OCS requirements as necessary to maintain
consistency with onshore requirements.
Pursuant to 40 CFR 55.12, consistency reviews will occur: (1) At
least annually where an OCS activity is occurring within 25 miles of a
State seaward boundary; (2) upon receipt of a Notice of Intent (NOI)
under 40 CFR 55.4; or (3) when a State or local agency submits a rule
to EPA to be considered for incorporation by reference in 40 CFR part
55. This proposed action is being taken in preparation for a potential
upcoming OCS project due to receipt of an NOI. Public comments received
in writing within 30 days of publication of this document will be
considered by EPA before publishing a final rule.
Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's State
Implementation Plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of State or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
II. EPA Analysis
EPA reviewed North Carolina's rules for inclusion in 40 CFR part 55
to ensure that they are rationally related to the attainment or
maintenance of Federal or State ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules, and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and State ambient air quality standards.\1\
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\1\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
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III. Proposed Action
EPA last did a consistency update for North Carolina on March 3,
2009 (74 FR 9166). In that action, EPA incorporated by reference into
40 CFR part 55 all North Carolina regulations that EPA believed were
relevant to the OCS requirements. For this proposed action, EPA has
reviewed changes that North Carolina has made to its underlying
regulatory programs since the last consistency update. This proposed
action will have no effect on any provisions that were not subject to
changes by North Carolina and were also previously incorporated by
reference into Part 55 through EPA's March 3, 2009, rulemaking. The
rules that EPA proposes to incorporate are applicable provisions of the
North Carolina Administrative Code (NCAC) and are listed in detail at
the end of this Notice. The intended effect of proposing approval of
the OCS requirements for the North Carolina Department of Environmental
Quality (NCDEQ) is to regulate emissions from OCS sources in accordance
with the requirements for onshore sources. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as discussed in Sections II
and III of this preamble, EPA is proposing to incorporate by reference
the North Carolina rules set forth below. EPA has made, and will
continue to make, these materials available through www.regulations.gov
and at the EPA Region 4 Office (please contact the person identified in
the FOR FURTHER
[[Page 86096]]
INFORMATION CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this proposed action simply proposes to update the existing OCS
requirements that have been revised since the last consistency review
to make them consistent with requirements onshore, without the exercise
of any policy direction by EPA. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
Additionally, Executive Order 12898 (59 FR 7629, February 16, 1994)
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations (people of color and/
or Indigenous peoples) and low-income populations.
EPA believes that this specific proposed action does not concern
human health or environmental conditions and therefore cannot be
evaluated with respect to potentially disproportionate and adverse
effects on people of color, low-income populations and/or Indigenous
peoples. This proposed action simply fulfills EPA's statutory mandate
to ensure regulatory consistency between the COA and inner OCS
consistent with the Stated objectives of CAA section 328(a)(1).
Specifically, section 328(a)(1) requires EPA to establish requirements
to control air pollution from OCS sources ``to attain and maintain
Federal and State ambient air quality standards and to comply with the
provisions of part C of [title I of the CAA]'' and, for inner OCS
sources (located within 25 miles of the seaward boundary of such
States), to establish requirements that are ``the same as would be
applicable if the source were located in the COA.'' This section of the
Act also States that ``the Administrator shall update such requirements
as necessary to maintain consistency with onshore regulations and this
chapter.'' As noted in the preamble, compliance with this requirement
limits EPA's discretion in deciding what will be incorporated into 40
CFR part 55.
The State regulations relevant to the OCS that are proposed for
incorporation into the CFR went through North Carolina's public
rulemaking process, including public notice and comment. This proposed
action seeks to incorporate into the CFR those State regulations, which
are already effective onshore, to ensure regulatory consistency with
the COA as mandated by CAA section 328(a)(1). This is a routine and
ministerial consistency update that does not directly affect any human
health or environmental conditions. In addition, EPA is providing for
meaningful public involvement on this rule through the notice and
comment process.
This proposed rule to incorporate by reference sections of the NCAC
into the CFR does not apply on any Indian reservation land as defined
in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule incorporating by reference sections of the NCAC does
not have Tribal implications and will not impose substantial direct
costs on Tribal governments or preempt Tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
This proposed action does not impose any new information collection
burden under the PRA. The Office of Management and Budget (OMB) has
previously approved the information collection activities contained in
the existing regulations at 40 CFR part 55 and, by extension, this
update to Part 55, and has assigned OMB control number 2060-0249. This
proposed action does not impose a new information burden under PRA
because this proposed action only proposes to update the State rules
that are incorporated by reference into 40 CFR part 55, Appendix A.\2\
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\2\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 5, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is proposed to be amended as follows:
PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS
0
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.
0
2. Amend Sec. 55.14 by revising paragraph (e)(17)(i)(A) to read as
follows:
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.
* * * * *
(e) * * *
(17) * * *
(i) * * *
[[Page 86097]]
(A) State of North Carolina Air Pollution Control Requirements
Applicable to OCS Sources, November 8, 2023
* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``North Carolina'' to read as follows:
Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
North Carolina:
(a) * * *
(1) The following State of North Carolina requirements are
applicable to OCS sources, November 8, 2023, State of North
Carolina--Department of Environmental Quality.
The following sections of subchapter 02D and 02Q:
15A NCAC Subchapter 02D--Air Pollution Control Requirements
Section .0100--Definitions and References
02D. 0101 Definitions (Effective 01/01/2018)
02D. 0103 Copies of Referenced Federal Regulations (Effective 09/01/
2023)
02D. 0104 Incorporation by reference (Effective 01/01/2018)
02D. 0105 Mailing List (Effective 01/01/2018)
Section .0200--Air Pollution Sources
02D. 0201 Classification of air pollution sources (Effective 01/01/
2018)
02D. 0202 Registration of air pollution sources (Effective 01/01/
2018)
Section .0300--Air Pollution Emergencies
02D. 0301 Purpose (Effective 01/01/2018)
02D. 0302 Episode criteria (Effective 01/01/2018)
02D. 0303 Emission reduction plans (Effective 01/01/2018)
02D. 0304 Preplanned abatement program (Effective 01/01/2018)
02D. 0305 Emission reduction plan: Alert Level (Effective 01/01/
2018)
02D. 0306 Emission reduction plan: Warning Level (Effective 01/01/
2018)
02D. 0307 Emission reduction plan: Emergency Level (Effective 01/01/
2018)
Section .0400--Ambient Air Quality Standards
02D. 0401 Purpose (Effective 01/01/2018)
02D. 0402 Sulfur oxides (Effective 01/01/2018)
02D. 0403 Total suspended particulates (Effective 11/01/2020)
02D. 0404 Carbon monoxide (Effective 01/01/2018)
02D. 0405 Ozone (Effective 01/01/2018)
02D. 0407 Nitrogen dioxide (Effective 01/01/2018)
02D. 0408 Lead (Effective 01/01/2018)
02D. 0409 PM10 particulate matter (Effective 01/01/2018)
02D. 0410 PM2.5 particulate matter (Effective 01/01/2018)
Section .0500--Emission Control Standards
02D. 0501 Compliance with emission control standards (Effective 09/
01/2023)
02D. 0502 Purpose (Effective 11/01/2020)
02D. 0503 Particulates from fuel burning indirect heat exchangers
(Effective 11/01/2023)
02D. 0504 Particulates from wood burning indirect heat exchangers
(Effective 11/01/2020)
02D. 0506 Particulates from hot mix asphalt plants (Effective 11/01/
2023)
02D. 0507 Particulates from chemical fertilizer manufacturing plants
(Effective 11/01/2020)
02D. 0508 Particulates from pulp and paper mills (Effective 11/01/
2020)
02D. 0509 Particulates from Mica or Feldspar processing plants
(Effective 11/01/2020)
02D. 0510 Particulates from sand, gravel, or crushed stone
operations (Effective 11/01/2020)
02D. 0511 Particulates from lightweight aggregate processes
(Effective 11/01/2020)
02D. 0512 Particulates from wood products finishing plants
(Effective 11/01/2020)
02D. 0513 Particulates from portland cement plants (Effective 11/01/
2020)
02D. 0514 Particulates from ferrous jobbing foundries (Effective 11/
01/2020)
02D. 0515 Particulates from miscellaneous industrial processes
(Effective 11/01/2020)
02D. 0516 Sulfur dioxide emissions from combustion sources
(Effective 6/1/2023)
02D. 0517 Emissions from plants producing sulfuric acid (Effective
11/01/2020)
02D. 0519 Control of nitrogen dioxide and nitrogen oxides emissions
(Effective 11/01/2020)
02D. 0521 Control of visible emissions (Effective 11/01/2020)
02D. 0524 New Source Performance Standards (Effective 11/01/2020)
02D. 0527 Emissions from spodumene ore roasting (Effective 11/01/
2020)
02D. 0528 Total reduced sulfur from kraft pulp mills (Effective 11/
01/2020)
02D. 0529 Fluoride emissions from primary aluminum reduction plants
(Effective 11/01/2020)
02D. 0530 Prevention of significant deterioration (Effective 10/01/
2020)
02D. 0531 Sources in nonattainment areas (Effective 11/01/2020)
02D. 0532 Sources contributing to an ambient violation (Effective
(11/01/2023)
02D. 0533 Stack height (Effective 11/01/2020)
02D. 0534 Fluoride emissions from phosphate fertilizer industry
(Effective 11/01/2020)
02D. 0535 Excess emissions reporting and malfunctions (Effective 11/
01/2020)
02D. 0537 Control of mercury emissions (Effective 11/01/2020)
02D. 0538 Control of ethylene oxide emissions (Effective 11/01/2020)
02D. 0539 Odor control of feed ingredient manufacturing plants
(Effective 11/01/2020)
02D. 0540 Particulates from fugitive dust emission sources
(Effective 09/01/2019)
02D. 0541 Control of emissions from abrasive blasting (Effective 11/
01/2020)
02D. 0542 Control of particulate emissions from cotton ginning
operations (Effective 11/01/2020)
02D. 0543 Best Available Retrofit Technology (Effective 11/01/2020)
02D. 0544 Prevention of Significant Deterioration Requirements for
Greenhouse Gases (Effective 11/01/2020)
02D. 0546 Control of Emissions from Log Fumigation Operations
(Effective 09/01/2023)
Section .0600--Monitoring: Recordkeeping: Reporting
02D. 0601 Purpose and scope (Effective 11/01/2019)
02D. 0602 Definitions (Effective 11/01/2019)
02D. 0604 Exceptions to monitoring and reporting requirements
(Effective 11/01/2019)
02D. 0605 General recordkeeping and reporting requirements
(Effective 09/01/2023)
02D. 0606 Sources covered by appendix P of 40 CFR part 51 (Effective
11/01/2019)
02D. 0607 Large wood and wood-fossil fuel combination units
(Effective 11/01/2019)
02D. 0608 Other large coal or residual oil burners (Effective 10/01/
2022)
02D. 0610 Federal monitoring requirements (Effective 11/01/2019)
02D. 0611 Monitoring emissions from other sources (Effective 11/01/
2019)
02D. 0612 Alternative monitoring and reporting procedures (Effective
11/01/2019)
02D. 0613 Quality assurance program (Effective 11/01/2019)
02D. 0614 Compliance assurance monitoring (Effective 11/01/2023)
Section .0900--Volatile Organic Compounds
02D. 0901 Definitions (Effective 11/01/2020)
02D. 0902 Applicability (Effective 11/01/2020)
02D. 0903 Recordkeeping: reporting: monitoring (Effective 11/01/
2020)
02D. 0906 Circumvention (Effective 11/01/2020)
02D. 0909 Compliance schedules for sources in ozone nonattainment
and maintenance areas (Effective 11/01/2020)
02D. 0912 General provisions on test methods and procedures
(Effective 11/01/2020)
02D. 0918 Can coating (Effective 11/01/2023)
02D. 0919 Coil coating (Effective 11/01/2020)
02D. 0922 Metal furniture coatings (Effective 11/01/2020)
02D. 0923 Surface coating of large appliances (Effective 11/01/2020)
02D. 0924 Magnet wire coating (Effective 11/01/2020)
02D. 0925 Petroleum liquid storage in fixed roof tanks (Effective
11/01/2020)
02D. 0926 Bulk gasoline plants (Effective 11/01/2023)
02D. 0927 Bulk gasoline terminals (Effective 11/01/2023)
02D. 0928 Gasoline service stations stage I (Effective 11/01/2023)
02D. 0930 Solvent metal cleaning (Effective 11/01/2020)
[[Page 86098]]
02D. 0931 Cutback asphalt (Effective 11/01/2020)
02D. 0932 Gasoline cargo tanks and vapor collection systems
(Effective 11/01/2023)
02D. 0933 Petroleum liquid storage in external floating roof tanks
(Effective 11/01/2020)
02D. 0935 Factory surface coating of flat wood paneling (Effective
11/01/2020)
02D. 0937 Manufacture of pneumatic rubber tires (Effective 11/01/
2020)
02D. 0943 Synthetic organic chemical and polymer manufacturing
(Effective 10/01/2022)
02D. 0944 Manufacture of polyethylene: polypropylene and polystyrene
(Effective 10/01/2020)
02D. 0945 Petroleum dry cleaning (Effective 10/01/2020)
02D. 0947 Manufacture of synthesized pharmaceutical products
(Effective 11/01/2020)
02D. 0948 VOC emissions from transfer operations (Effective 11/01/
2020)
02D. 0949 Storage of miscellaneous volatile organic compounds
(Effective 10/1/2022)
02D. 0951 RACT for sources of volatile organic compounds (Effective
11/01/2020)
02D. 0952 Petition for alternative controls for RACT (Effective 11/
01/2020)
02D. 0955 Thread bonding manufacturing (Effective 11/01/2020)
02D. 0956 Glass Christmas ornament manufacturing (Effective 11/01/
2020)
02D. 0957 Commercial bakeries (Effective 11/01/2020)
02D. 0958 Work practices for sources of volatile organic compounds
(Effective 11/01/2020)
02D. 0959 Petition for superior alternative controls (Effective 11/
01/2020)
02D. 0960 Cargo Tank Leak Tester Report (Effective 11/01/2023)
02D. 0961 Offset Lithographic Printing and Letterpress Printing
(Effective 11/01/2023)
02D. 0962 Industrial Cleaning Solvents (Effective 11/01/2020)
02D. 0963 Fiberglass Boat Manufacturing Materials (Effective 11/01/
2020)
02D. 0964 Miscellaneous Industrial Adhesives (Effective 11/01/2023)
02D. 0965 Flexible Package Printing (Effective 11/01/2020)
02D. 0966 Paper, Film and Foil Coatings (Effective 11/01/2020)
02D. 0967 Miscellaneous Metal and Plastic Parts Coatings (Effective
11/01/2020)
02D. 0968 Automobile and Light Duty Truck Assembly Coatings
(Effective 11/01/2020)
Section .1000--Motor Vehicle Emission Control Standard
02D. 1001 Purpose (Effective 07/01/2018)
02D. 1002 Applicability (Effective 07/01/2018)
02D. 1003 Definitions (Effective 07/01/2018)
02D. 1005 On-Board Diagnostic Standards (Effective 07/01/2018)
02D. 1006 Sale and Service of Analyzers (Effective 07/01/2018)
02D. 1008 Heavy Duty Diesel Engine Requirements (Effective 07/01/
2018)
Section .1100--Control of Toxic Air Pollutants
02D. 1101 Purpose (Effective 07/01/2018)
02D. 1102 Applicability (Effective 07/01/2018)
02D. 1103 Definition (Effective 07/01/2018)
02D. 1104 Toxic air pollutant guidelines (Effective 07/01/2018)
02D. 1105 Facility reporting, recordkeeping (Effective 07/01/2018)
02D. 1106 Determination of ambient air concentration (Effective 07/
01/2018)
02D. 1107 Multiple facilities (Effective 07/01/2018)
02D. 1108 Multiple pollutants (Effective 07/01/2018)
02D. 1109 112(j) case-by-case maximum achievable control technology
(Effective 07/01/2018)
02D. 1110 National Emission Standards for Hazardous Air Pollutants
(Effective 07/01/2018)
02D. 1111 Maximum Achievable Control Technology (Effective 07/01/
2018)
02D. 1112 112(g) case by case maximum achievable control technology
(Effective 07/01/2018)
Section .1200--Control of Emissions From Incinerators
02D. 1201 Purpose and scope (Effective 07/01/2018)
02D. 1202 Definitions (Effective 07/01/2018)
02D. 1204 Sewage sludge and sludge incinerators (Effective 12/01/
2021)
02D. 1206 Hospital, medical, and infectious waste incinerators
(Effective 07/01/2018)
02D. 1208 Other incinerators (Effective 07/01/2018)
02D. 1210 Commercial and industrial solid waste incineration units
(Effective 07/01/2018)
Section .1400--Nitrogen Oxides
02D. 1401 Definitions (Effective 05/01/2022)
02D. 1402 Applicability (Effective 05/01/2022)
02D. 1403 Compliance schedules (Effective 11/01/2023)
02D. 1404 Recordkeeping: Reporting: Monitoring: (Effective 10/01/
2020)
02D. 1405 Circumvention (Effective 10/01/2020)
02D. 1407 Boilers and indirect-fired process heaters (Effective 10/
01/2020)
02D. 1408 Stationary combustion turbines (Effective 10/01/2020)
02D. 1409 Stationary internal combustion engines (Effective 10/01/
2020)
02D. 1410 Emissions averaging (Effective 10/01/2020)
02D. 1411 Seasonal fuel switching (Effective 10/01/2020)
02D. 1412 Petition for alternative limitations (Effective 10/01/
2020)
02D. 1413 Sources not otherwise listed in this section (Effective
10/01/2020)
02D. 1414 Tune-up requirements (Effective 10/01/2020)
02D. 1415 Test methods and procedures (Effective 10/01/2020)
02D. 1418 New electric generating units, large boilers, and large I/
C engines (Effective 10/01/2022)
02D. 1423 Large Internal Combustion Engines (Effective 10/01/2020)
02D. 1424 Large Non-Electric Generating Units (Effective 05/01/2022)
02D. 1425 NOX SIP Call Budget (Effective 05/01/2022)
Section .1900--Open Burning
02D. 1901 Open burning: Purpose: Scope (Effective 09/01/2019)
02D. 1902 Definitions (Effective 09/01/2019)
02D. 1903 Open burning without an air quality permit (Effective 09/
01/2023)
02D. 1904 Air curtain incinerators (Effective 09/01/2023)
02D. 1905 Regional office locations (Effective 9/01/2023)
02D. 1906 Delegation to county governments (Effective 09/01/2019)
02D. 1907 Multiple violations arising from a single episode
(Effective 09/01/2019)
Section .2000--Transportation Conformity
02D. 2001 Purpose, scope, and applicability (Effective 01/01/2018)
02D. 2002 Definitions (Effective 01/01/2018)
02D. 2003 Transportation conformity determination (Effective 01/01/
2018)
02D. 2004 Determining transportation-related emissions (Effective
01/01/2018)
02D. 2005 Memorandum of agreement (Effective 01/01/2018)
Section .2100--Risk Management Program
02D. 2101 Applicability (Effective 11/01/2019)
02D. 2102 Definitions (Effective 11/01/2019)
02D. 2103 Requirements (Effective 11/01/2019)
02D. 2104 Implementation (Effective 11/01/2019)
Section .2200--Special Orders
02D. 2201 Purpose (Effective 01/01/2018)
02D. 2202 Definitions (Effective 01/01/2018)
02D. 2203 Public notice (Effective 01/01/2023)
02D. 2204 Final action on consent orders (Effective 01/01/2018)
02D. 2205 Notification of right to contest special orders issued
without consent (Effective 01/01/2018)
Section .2300--Banking Emission Reduction Credits
02D. 2301 Purpose (Effective 11/01/2019)
02D. 2302 Definitions (Effective 11/01/2019)
02D. 2303 Applicability and eligibility (Effective 11/01/2019)
02D. 2304 Qualification of emission reduction credits (Effective 11/
01/2019)
02D. 2305 Creating and banking emission reduction credits (Effective
11/01/2019)
02D. 2306 Duration of emission reduction credits (Effective 11/01/
2019)
02D. 2307 Use of emission reduction credits (Effective 11/01/2019)
02D. 2308 Certificates and registry (Effective 11/01/2019)
02D. 2309 Transferring emission reduction credits (Effective 11/01/
2019)
[[Page 86099]]
02D. 2310 Revocation and changes of emission reduction credits
(Effective 11/01/2019)
02D. 2311 Monitoring (Effective 11/01/2019)
Section .2600--Source Testing
02D. 2601 Purpose and scope (Effective 11/01/2019)
02D. 2602 General provisions on test methods and procedures
(Effective 11/01/2019)
02D. 2603 Testing protocol (Effective 11/01/2019)
02D. 2604 Number of test points (Effective 11/01/2019)
02D. 2605 Velocity and volume flow rate (Effective 11/01/2019)
02D. 2606 Molecular weight (Effective 11/01/2019)
02D. 2607 Determination of moisture content (Effective 11/01/2019)
02D. 2608 Number of runs and compliance determination (Effective 10/
01/2022)
02D. 2609 Particulate testing methods (Effective 11/01/2019)
02D. 2610 Opacity (Effective 11/01/2019)
02D. 2611 Sulfur dioxide testing methods (Effective 11/01/2019)
02D. 2612 Nitrogen oxide testing methods (Effective 11/01/2019)
02D. 2613 Volatile organic compound testing methods (Effective 11/
01/2019)
02D. 2614 Determination of VOC emission control system efficiency
(Effective 11/01/2019)
02D. 2615 Determination of leak tightness and vapor leaks (Effective
10/01/2020)
02D. 2616 Fluorides (Effective 11/01/2019)
02D. 2617 Total reduced sulfur (Effective 11/01/2019)
02D. 2618 Mercury (Effective 11/01/2019)
02D. 2619 Arsenic, beryllium, cadmium, hexavalent chromium
(Effective 11/01/2019)
02D. 2620 Dioxins and furans (Effective 11/01/2019)
02D. 2621 Determination of pollutant emissions using the f-factor
(Effective 11/01/2019)
Subchapter 02Q--Air Quality Permits Procedures
Section .0100--General Provisions
02Q. 0101 Required air quality permits (Effective 4/1/18)
02Q. 0102 Activities exempted from permit requirements (Effective
11/01/2023)
02Q. 0103 Definitions (Effective 09/01/2022)
02Q. 0104 Where to obtain and file permit applications (Effective
09/01/2023)
02Q. 0105 Copies of referenced documents (Effective 09/01/2023)
02Q. 0106 Incorporation by reference (Effective 04/01/2018)
02Q. 0107 Confidential information (Effective 04/01/2018)
02Q. 0108 Delegation of authority (Effective 04/01/2018)
02Q. 0109 Compliance schedule for previously exempted activities
(Effective 04/01/2018)
02Q. 0110 Retention of permit at permitted facility (Effective 04/
01/2018)
02Q. 0111 Applicability determinations (Effective 04/01/2018)
02Q. 0112 Applications requiring professional engineer seal
(Effective 04/01/2018)
02Q. 0113 Notification in areas without zoning (Effective 04/01/
2018)
Section .0200--Permit Fees
02Q. 0201 Applicability (Effective 04/01/2018)
02Q. 0202 Definitions (Effective 04/01/2018)
02Q. 0203 Permit and application fees (Effective 11/18/2021)
02Q. 0204 Inflation adjustment (Effective 04/01/2018)
02Q. 0205 Other adjustments (Effective 04/01/2018)
02Q. 0206 Payment of fees (Effective 09/01/2023)
02Q. 0207 Annual emissions reporting (Effective 04/01/2018)
Section .0300--Construction and Operation Permits
02Q. 0301 Applicability (Effective 04/01/2018)
02Q. 0303 Definitions (Effective 04/01/2018)
02Q. 0304 Applications (Effective 09/01/2023)
02Q. 0305 Application submittal content (Effective 09/01/2023)
02Q. 0306 Permits requiring public participation (Effective 04/01/
2018)
02Q. 0307 Public participation procedures (Effective 09/01/2023)
02Q. 0308 Final action on permit applications (Effective 04/01/2018)
02Q. 0309 Termination, modification, and revocation of permits
(Effective 04/01/2018)
02Q. 0310 Permitting of numerous similar facilities (Effective 04/
01/2018)
02Q. 0311 Permitting of facilities at multiple temporary sites
(Effective 04/01/2018)
02Q. 0312 Application processing schedule (Effective 04/01/2018)
02Q. 0313 Expedited application processing schedule (Effective 04/
01/2018)
02Q. 0314 General requirements for all permits (Effective 04/01/
2018)
02Q. 0315 Synthetic minor facilities (Effective 04/01/2018)
02Q. 0316 Administrative permit amendments (Effective 04/01/2018)
02Q. 0317 Avoidance conditions (Effective 04/01/2018)
02Q. 0318 Changes Not Requiring Permit Revisions (Effective 04/01/
2018)
Section .0400--Acid Rain Procedures
02Q. 0401 Purpose and applicability (Effective 04/01/2018)
02Q. 0402 Acid rain permitting procedures (Effective 04/01/2018)
Section .0500--Title V Procedures
02Q. 0501 Purpose of section and requirement for a permit (Effective
04/01/2018)
02Q. 0502 Applicability (Effective 04/01/2018)
02Q. 0503 Definitions (Effective 9/01/2022)
02Q. 0504 Option for obtaining construction and operation permit
(Effective 9/01/2022)
02Q. 0505 Application submittal content (Effective 09/01/2023)
02Q. 0507 Application (Effective 09/01/2023)
02Q. 0508 Permit content (Effective 09/01/2023)
02Q. 0509 Permitting of numerous similar facilities (Effective 09/
01/2022)
02Q. 0510 Permitting of facilities at multiple temporary sites
(Effective 04/01/2018)
02Q. 0512 Permit shield and application shield (Effective 04/01/
2018)
02Q. 0513 Permit renewal and expiration (Effective 04/01/2018)
02Q. 0514 Administrative permit amendments (Effective 09/01/2022)
02Q. 0515 Minor permit modifications (Effective 04/01/2018)
02Q. 0516 Significant permit modification (Effective 09/01/2022)
02Q. 0517 Reopening for cause (Effective 04/01/2018)
02Q. 0518 Final action (Effective 09/01/2022)
02Q. 0519 Termination, modification, revocation of permits
(Effective 04/01/2018)
02Q. 0520 Certification by responsible official (Effective 04/01/
2018)
02Q. 0521 Public participation (Effective 09/01/2022)
02Q. 0522 Review by EPA and affected States (Effective 09/01/2022)
02Q. 0523 Changes not requiring permit revisions (Effective 04/01/
2018)
02Q. 0524 Ownership change (Effective 04/01/2018)
02Q. 0525 Application processing schedule (Effective 09/01/2022)
02Q. 0526 112(j) case-by-case MACT procedures (Effective 08/01/2022)
02Q. 0527 Expedited application processing schedule (Effective 04/
01/2018)
02Q. 0528 112(g) case-by-case MACT procedures (Effective 04/01/2018)
Section .0700--Toxic Air Pollutant Procedures
02Q. 0701 Applicability (Effective 07/01/2018)
02Q. 0702 Exemptions (Effective 07/01/2018)
02Q. 0703 Definitions (Effective 07/01/2018)
02Q. 0704 New facilities (Effective 07/01/2018)
02Q. 0706 Modifications (Effective 11/01/2023)
02Q. 0707 Previously permitted facilities (Effective 07/01/2018)
02Q. 0708 Compliance schedule for previously unknown toxic air
pollutant emissions (Effective 07/01/2018)
02Q. 0709 Demonstrations (Effective 07/01/2018)
02Q. 0710 Public notice and opportunity for public hearing
(Effective 09/01/2023)
02Q. 0711 Emission rates requiring a permit (Effective 07/01/2018)
02Q. 0712 Calls by the director (Effective 07/01/2018)
Section .0800--Exclusionary Rules
02Q. 0801 Purpose and scope (Effective 04/01/2018)
[[Page 86100]]
02Q. 0802 Gasoline service stations and dispensing facilities
(Effective 04/01/2018)
02Q. 0803 Coating, solvent cleaning, graphic arts operations
(Effective 04/01/2018)
02Q. 0804 Dry cleaning facilities (Effective 04/01/2018)
02Q. 0805 Grain elevators (Effective 04/01/2018)
02Q. 0806 Cotton gins (Effective 04/01/2018)
02Q. 0807 Emergency generators (Effective 04/01/2018)
02Q. 0808 Peak shaving generators (Effective 04/01/2018)
02Q. 0810 Air curtain burners (Effective 04/01/2018)
Section .0900--Permit Exemptions
02Q. 0901 Purpose and scope (Effective 04/01/2018)
02Q. 0902 Portable crushers (Effective 04/01/2018)
02Q. 0903 Emergency generators (Effective 04/01/2018)
* * * * *
[FR Doc. 2023-27091 Filed 12-11-23; 8:45 am]
BILLING CODE 6560-50-P
