[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Notices]
[Pages 28376-28378]
[FR Doc No: 2017-12882]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; BMW of North America, LLC

AGENCY: National Highway Traffic Safety Administration (NHTSA)
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the BMW of North America, LLC's
(BMW) petition for exemption of the X2 vehicle line in accordance with
49 CFR 543, Exemption from the Theft

Prevention Standard. This petition is granted because the agency has
determined that the antitheft device to be placed on the line as
standard equipment is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of 49 CFR 541, Federal Motor Vehicle Theft Prevention
Standard (Theft Prevention Standard). BMW also requested confidential
treatment for specific information in its petition. While official
notification granting or denying its request for confidential treatment
will be addressed by separate letter, no confidential information
provided for purposes of this document has been disclosed.

DATES: The exemption granted by this notice is effective beginning with
the 2018 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, National
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., West
Building, Room W43-439, Washington, DC 20590. Ms. Ballard's telephone
number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a petition dated March 13, 2017, BMW
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the X2 vehicle line beginning with MY 2018. The
petition requested an exemption from parts-marking pursuant to 49 CFR
543, Exemption from Vehicle Theft Prevention Standard, based on the
installation of an antitheft device as standard equipment for the
entire vehicle line.
    Under 49 CFR 543.5(a), a manufacturer may petition NHTSA to grant
an exemption for one vehicle line per model year. In its petition, BMW
provided a detailed description and diagram of the identity, design,
and location of the components of the antitheft device for its X2
vehicle line. Key features of the antitheft device will include a
passive immobilizer, a remote control w/mechanical key, ring antenna
(transponder coil), low frequency antenna (LF) engine control unit
(DME/DDE) with encoded start release input, and an electronically coded
vehicle immobilizer/car access system (EWS/CAS) control unit. BMW
stated that its X2 vehicle line will be installed with a passive
vehicle immobilizer device as standard equipment and that it will
prevent the vehicle from being driven away under its own engine power.
BMW also stated that it will not offer an audible or visible alarm
feature on the proposed device.
    BMW's submission is considered a complete petition as required by
49 CFR 543.7, in that it meets the general requirements contained in
Sec.  543.5 and the specific content requirements of Sec.  543.6.
    In addressing the specific content requirements of Part 543.6, BMW
provided information on the reliability and durability of its device.
To ensure reliability and durability of the device, BMW stated that it
conducted tests on the antitheft device which complied with its own
specific standards and the device is installed on other vehicle lines
for which the agency has granted a parts-marking exemption. BMW stated
that its immobilizer device fulfills the requirements of European
vehicle insurance companies. BMW further address the reliability and
durability of its device by providing information on the uniqueness of
its mechanical keys for the X2 vehicle line. Specifically, BMW stated
that the vehicle's mechanical keys are unique because they require a
special key blank, cutting machine and a unique vehicle code to allow
for key duplication. BMW further stated that the new keys will only be
issued to authorized persons and will incorporate special guide-way
millings, making the locks almost impossible to pick and the keys
impossible to duplicate on the open market.
    BMW stated that activation of its immobilizer device occurs
automatically when the engine is shut off and the vehicle key is
removed from the ignition lock cylinder. Specifically, BMW stated that
its transponder sends key data to the EWS/CAS control unit. The correct
key data must be recognized by the EWS/CAS control unit in order for
deactivation to occur and for the vehicle to start. The transponder
contains a chip which is integrated in the key and powered by a
battery. The transponder also consists of a transmitter/receiver which
communicates with the EWS/CAS control unit. The EWS/CAS control unit
provides the interface to the loop antenna (coil), engine control unit
and starter. The ignition and fuel supply are only released when a
correct coded release signal has been sent by the EWS/CAS control unit
to deactivate the device and allow the vehicle to start. When the EWS/
CAS control unit has sent a correct release signal, and after the
initial starting value, the release signal becomes a rolling, ever-
changing, random code that is stored in the DME/DDE and EWS/CAS control
units. The DME/DDE must identify the correct release signal to release
the ignition signal and fuel supply.
    BMW stated that the vehicle is also equipped with a central-locking
system that can be operated to lock and unlock all doors or to unlock
only the driver's door, thereby preventing forced entry into the
vehicle through the passenger doors. The vehicle can be further secured
by locking the doors and hood using either the key lock cylinder on the
driver's door or the remote frequency remote control. BMW stated that
the frequency for the remote control constantly changes to prevent an
unauthorized person from opening the vehicle by intercepting the
signals of its remote control.
    BMW further stated that all of its vehicles are currently equipped
with antitheft devices as standard equipment, including its X2 vehicle
line. BMW compared the effectiveness of its antitheft device with
devices which NHTSA has previously determined to be as effective in
reducing and deterring motor vehicle theft as would compliance with the
parts-marking requirements of Part 541. Specifically, BMW has installed
its antitheft device on its X1 (MPV and passenger cars), X3, X4 and X5
vehicle lines, as well as its Carline 1, 3, 4, 5, 6, 7, Z4, MINI and
MINI Countryman vehicle lines, all which have been granted parts-
marking exemptions by the agency. BMW asserts that theft data have
indicated a decline in theft rates for vehicle lines that have been
equipped with antitheft devices similar to that which it proposes to
install on the X2 vehicle line. BMW also stated that for MY/CY 2013,
the agency's data show that the theft rates for its lines are: 0.34 (1-
series), 0.69 (3-series), 1.26 (5-series), 2.47 (6-series) 1.66 (7-
series), 0.24 (X1), 0.68 (X3), 2.02 (Z4), and 0.32 (MINI Cooper). Using
an average of 3 MYs data (2011-2013), NHTSA's theft rates for BMW's 1
series, 3 series, 5 series, 6 series, 7 series, X1, X3, Z4 and MINI
Cooper vehicle lines are 0.4954, 0.6581, 0.9935, 2.8054, 1.4711,
0.2356, 0.4961, 1.2843 and 0.3385 respectively, all below the median
theft rate of 3.5826.
    Based on the supporting evidence submitted by BMW, the agency
believes that the antitheft device for the BMW X2 vehicle line is
likely to be as effective in reducing and deterring motor vehicle theft
as compliance with the parts-marking requirements of the Theft
Prevention Standard (49 CFR part 541). The agency concludes that the
device will provide four of the five types of performance listed in
Sec.  543.6(a)(3): Promoting activation; preventing defeat or
circumvention of the device by unauthorized persons; preventing

operation of the vehicle by unauthorized entrants; and ensuring the
reliability and durability of the device.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7(b), the agency grants
a petition for exemption from the parts-marking requirements of Part
541, either in whole or in part, if it determines that, based upon
supporting evidence, the standard equipment antitheft device is likely
to be as effective in reducing and deterring motor vehicle theft as
compliance with the parts-marking requirements of Part 541. The agency
finds that BMW has provided adequate reasons for its belief that the
antitheft device for the X2 vehicle line is likely to be as effective
in reducing and deterring motor vehicle theft as compliance with the
parts-marking requirements of the Theft Prevention Standard (49 CFR
part 541). This conclusion is based on the information BMW provided
about its device.
    For the foregoing reasons, the agency hereby grants in full BMW's
petition for exemption for the MY 2018 X2 vehicle line from the parts-
marking requirements of 49 CFR part 541. The agency notes that 49 CFR
541, Appendix A-1, identifies those lines that are exempted from the
Theft Prevention Standard for a given MY. 49 CFR part 543.7(f) contains
publication requirements incident to the disposition of all Part 543
petitions. Advanced listing, including the release of future product
nameplates, the beginning model year for which the petition is granted
and a general description of the antitheft device is necessary in order
to notify law enforcement agencies of new vehicle lines exempted from
the parts-marking requirements of the Theft Prevention Standard.
    If BMW decides not to use the exemption for this line, it must
formally notify the agency. If such a decision is made, the line must
be fully marked as required by 49 CFR parts 541.5 and 541.6 (marking of
major component parts and replacement parts).
    NHTSA notes that if BMW wishes in the future to modify the device
on which this exemption is based, the company may have to submit a
petition to modify the exemption. Part 543.7(d) states that a part 543
exemption applies only to vehicles that belong to a line exempted under
this part and equipped with the antitheft device on which the line's
exemption is based. Further, Sec.  543.9(c)(2) provides for the
submission of petitions ``to modify an exemption to permit the use of
an antitheft device similar to but differing from the one specified in
that exemption.''
    The agency wishes to minimize the administrative burden that part
543.9(c)(2) could place on exempted vehicle manufacturers and itself.
The agency did not intend part 543 to require the submission of a
modification petition for every change to the components or design of
an antitheft device. The significance of many such changes could be de
minimis. Therefore, NHTSA suggests that if the manufacturer
contemplates making any changes the effects of which might be
characterized as de minimis, it should consult the agency before
preparing and submitting a petition to modify.

    Issued in Washington, DC, under authority delegated in 49 CFR
part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2017-12882 Filed 6-20-17; 8:45 am]
 BILLING CODE 4910-59-P


ADDENDUM

TO THE

RULES FOR AIR QUALITY CONTROL, CHAPTER 391-3-1

(Effective April 20, 2003)

The Rules of the Department of Natural Resources, Chapter 391-3-1, Air
Quality Control are hereby amended, added to, repealed in part, revised,
as hereinafter explicitly set forth in the attached amendments,
additions, partial repeals, and revisions for specific Rules, or such
subdivisions thereof as may be indicated.  The following amendments were
adopted by the Board of Natural Resources on March 26, 2003, were filed
with the Secretary of State’s Office on March 31, 2003, and became
effective on April 20, 2003.

Rule 391-3-1-.01, relating to “Definitions,” is hereby amended by
striking subparagraph (nnnn) in its entirety and inserting in lieu
thereof a new subparagraph (nnnn) to read as follows:

(nnnn)	“Procedures for Testing and Monitoring Sources of Air
Pollutants” or “PTM” means the Georgia Department of Natural
Resources Procedures for Testing and Monitoring Sources of Air
Pollutants dated January 29, 2003.

Authority:  O.C.G.A. Section 12-9-1 et seq., as amended.

Rule 391-3-1-.02, subparagraph (2)(nnn) thereof, relating to “NOx
Emissions from Large Stationary Gas Turbines,” is hereby amended by
adding a new subparagraph 7 to read as follows:

(nnn)	NOx Emissions from Large Stationary Gas Turbines.

	.

	.

	7.	Exemptions.

		The following units are exempt from the provisions of this subsection
provided that they only operate under the following conditions:

		(i)	Units operating for purposes of routine testing, to maintain
operability, not to exceed three (3) hours per month.

		(ii)	Units operating under one of the following emergency conditions.
For the purpose of restarting the steam-electric generating units when
all steam-electric generating units at a facility are down and off-site
power is not available (also known as a ‘Black Start’).  Or, when
power problems on the grid would necessitate implementing manual load
shedding procedures for retail customers  (Note:  This does not apply to
special rate structure conditions).

Authority:  O.C.G.A. Section 12-9-1 et seq., as amended.

Rule 391-3-1-.02, paragraph (2) thereof, relating to “Emission
Limitations and Standards,” is hereby amended by inserting a new
subparagraph (qqq) to read as follows:

(qqq)	VOC Emissions from Extruded Polystyrene Products Manufacturing
Utilizing a Blowing Agent

	1.	No person shall cause, let, permit, suffer, or allow the three-month
rolling average VOC emissions from an existing extruded polystyrene
(XPS) products manufacturing facility that utilizes a blowing agent, to
exceed 0.8 lbs per 100 lbs of raw material processed during any month.
Compliance with this limit shall be calculated as follows:

		Final VOC Emissions  = (Facility VOC Emissions)/(Raw Material)

	2.	No person shall cause, let, permit, suffer, or allow the three-month
rolling average VOC emissions from any new or reconstructed extruded
polystyrene (XPS) products manufacturing facility that utilizes a
blowing agent, to exceed 0.3 lbs per 100 lbs of raw material processed
during any month.  Compliance with this limit shall be calculated as
follows:

		Final VOC Emissions  = (Facility VOC Emissions)/(Raw Material)

	3.	For the purposes of subparagraphs 1 and 2 above, the VOC emissions
from the product manufacturing operations and the post-manufacturing
operations are to be calculated as follows:

 Ei(1 – OCEi)

B  =  A – C – D

		A	=	VOC Blowing Agent Used  (pounds per any consecutive three-month
period)

		B	=	VOC Emissions Primary Extrusion, Roll Storage, and Thermoforming
(Uncontrolled) for each control device (pounds per any consecutive
three-month period)

		C	=	VOC in the Reclaim Material (pounds per any consecutive
three-month period)

		D	=	VOC in the Final Product (pounds per any consecutive three-month
period)

		E	=	VOC Emissions from Finished Goods Warehouses  (Uncontrolled)
(pounds per any consecutive three-month period)

		OCE	=	Overall Control Efficiency of a control device  =
[(CE)/100*(DE)/100*(UT)/100]

		CE	=	Capture Efficiency of a Control Device (percent VOC captured)

		DE	=	Destruction Efficiency of a Control Device (percent VOC
destruction)

		UT	=	Percentage of operating time for the control device (for the
consecutive three-month period)

		n	=	Total number of control device systems associated with primary
extrusion, roll storage, and thermoforming

		m	=	Total number of control device systems associated with the reclaim
system

		p	=	Total number of control device systems associated with the
finished goods warehouses

	4.	Exemptions.

		(i)	The provisions of subparagraphs 1 and 2 above shall not apply to
Extruded Polystyrene Products Manufacturing facilities at any single
site that processes less than 200 pounds per day of raw material.

		(ii)	The provisions of subparagraphs 1and 2 above shall not apply to
any single site that contains one or more XPS post-manufacturing
operations and does not contain any XPS product manufacturing
operations.

	5.	Any owner or operator subject to subparagraphs 1 or 2 above shall
maintain a record of operations, including but not limited to the amount
of raw material processed, the equipment used, the type of blowing agent
used, and operation and maintenance records of all VOC emission control
systems such as temperature, pressure, flow rate, and other measures to
demonstrate compliance with subparagraphs 1 or 2, as applicable.  Such
records shall be maintained in a format specified by the Division and
shall be retained on site for a period of five years from the date of
record and shall be made available to the Division upon request.

	6.	For the purpose of this rule, the following definitions shall apply:

		(i)	“Affected Facility” means the entire Extruded Polystyrene
(XPS) manufacturing operations and post-manufacturing operations at a
single site.

		(ii)	“Blowing Agent” means a liquid, gaseous or solid material
that facilitates the formation of a cellular product from raw polymeric
material.

		(iii)	“Existing Extruded Polystyrene (XPS) Products Manufacturing
Facility” means any such facility that begins initial operation on or
before April 16, 2003.

		(iv)	“Extruded Polystyrene (XPS) Products Manufacturing Facility”
means a series of processes, where a blowing agent is injected into an
extruded polystyrene resin and processed through cup, block, or shape
molding into low-density, closed cell, cellular products.  XPS products
include but are not limited to insulation board, product and food
packaging material.  For the purposes of the applicability thresholds in
subparagraph 7 below, all of the potential VOC emissions from the
affected facility at a single site should be counted toward the emission
thresholds.  XPS product manufacturing facility includes all product
manufacturing operations as well as post-manufacturing operations.

		(v)	“Facility VOC Emissions” means VOC emissions from the product
manufacturing operation and the post-manufacturing operation during any
consecutive three-month period as calculated per subparagraph 3 above.

		(vi)	“Final VOC Emissions” means VOC emission calculations that
are expressed in pounds VOC emitted from the facility per 100 pounds of
raw material processed during any consecutive three-month period as
calculated per subparagraphs 1 and 2 above.

		(vii)	“New Extruded Polystyrene (XPS) Products Manufacturing
Facility” means any such facility that begins initial operation after
April 16, 2003.

		(viii)	“Product Manufacturing Operation” means every step of the
processing of a polymeric material from the delivery of the raw
material, up until the storage of the final cellular product.

		(ix)	“Post-Manufacturing Operation” means the storage of the final
cellular product.

		(x)	“Raw Material” means all polystyrene (including recycle
polystyrene from reclaim systems), additives, and blowing agent used in
the manufacture of polymeric cellular products during any consecutive
three-month period.

		(xi)	“Reconstructed” means the replacement or addition of
components at an existing affected facility in which the fixed capital
cost of the new components exceeds 50 percent of the fixed capital cost
that would be required to construct a comparable affected facility.

		(xii)	“Reconstructed Extruded Polystyrene (XPS) Products
Manufacturing Facility” means any existing facility that is
reconstructed after April 16, 2003.

		(xiii)	 “Single Site” means any stationary source or group of
stationary sources that are located on one or more contiguous or
adjacent properties and are under common control.

	7.	The requirements of this rule shall apply to all Extruded
Polystyrene (XPS) Products Manufacturing facilities, at a single site,
with potential VOC emissions from product manufacturing and
post-manufacturing operations equal to or exceeding 25 tons per year in
the counties of Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas,
Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale.  In
the counties of Bartow, Carroll, Hall, Newton, Spalding and Walton,
facilities, at a single site, with potential VOC emissions from product
manufacturing and post-manufacturing operations equal to or exceeding
100 tons per year are subject to this rule.

	8.	Compliance Dates.

		(i)	All existing facilities shall be subject to the following
compliance schedule:

			(I)	Existing facilities shall submit a letter to the Division no
later than May 1, 2003, indicating the option they are considering to
comply with the limit in subparagraph 1.  These options shall be either
installation and use of additional VOC emission control systems or a
blowing agent substitution.

			(II)	Existing facilities that choose to install and operate
additional VOC emission control systems shall do the following:

				1.	An application for a permit to construct for the installation of
VOC emission control systems shall be submitted no later than November
1, 2003.

				2.	Full compliance with the limit in subparagraph 1 above shall be
demonstrated no later than November 1, 2004.

			(III)	Existing facilities that choose a blowing agent substitution
shall do the following:

				1.	Two six-month progress reports shall be submitted to the Division
no later than November 1, 2003, and May 1, 2004.

				2.	Full compliance with the limit in subparagraph one above shall be
demonstrated no later than November 1, 2004.

				3.	If the facility cannot comply with the limit, then an application
for a permit to construct for the installation of VOC emission control
systems shall be submitted no later than November 1, 2004, and full
compliance with the limit in subparagraph 1 above shall be demonstrated
no later than January 1, 2006.

		(ii)	All new or reconstructed facilities shall be subject to the limit
in subparagraph 2 upon startup.

Authority:  O.C.G.A. Section 12-9-1 et seq., as amended.

Rule 391-3-1-.02, paragraph (5) thereof, relating to “Open Burning,”
is hereby amended by striking paragraph (5) in its entirety and
inserting in lieu thereof a new paragraph (5) to read as follows:

(5)	Open Burning.

(a)	No person shall cause, suffer, allow, or permit open burning in any
area of the State except as follows:

	1.	Reduction of leaves on the premises on which they fall by the person
in control of the premises, unless prohibited by local ordinance and/or
regulation.

	2.	Carrying out recognized agricultural procedures necessary for
production or harvesting of crops.

	3.	The “prescribed burning” of any forest land by the owners or the
owner’s designee.

	4.	The “slash burning” of any forest land by the owners or the
owner’s designee.

	5.	For recreational purposes or cooking food for immediate human
consumption.

	6.	Fires set for purposes of training fire-fighting personnel when
authorized by the appropriate governmental entity.

	7.	Acquired structure burns provided that an Authorization to Burn
certificate has been issued by the Division.

	8.	Disposal of vegetative debris from storm damage.

	9.	For weed abatement, disease, and pest prevention.

	10.	Operation of devices using open flames such as tar kettles, blow
torches, welding torches, portable heaters and other flame-making
equipment.

	11.	Open burning for the purpose of land clearing or construction or
right-of-way maintenance provided the following conditions are met:

		(i)	Prevailing winds at the time of the burning are away from the
major portion of the area's population;

		(ii)	The location of the burning is at least 1,000 feet from any
occupied structure, or lesser distance if approved by the Division;

		(iii)	The amount of dirt on or in the material being burned is
minimized;

		(iv)	Heavy oils, asphaltic materials, items containing natural or
synthetic rubber, or any materials other than plant growth are not being
burned; and

		(v)	No more than one pile 60 feet by 60 feet, or equivalent, is being
burned within a 9-acre area at one time.

	12.	Disposal of all packaging materials previously containing
explosives, in accordance with U.S. Department of Labor Safety
Regulations.

	13.	Open burning of vegetative material for the purpose of land
clearing using an air curtain destructor provided the following
conditions are met:

		(i)	Authorization for such open burning is received from the fire
department, if required, having local jurisdiction over the open burning
location prior to initiation of any open burning at such location;

		(ii)	The location of the air curtain destructor is at least 300 feet
from any occupied structure or public road. Air curtain destructors used
solely for utility line clearing or road clearing may be located at a
lesser distance upon approval by the Division;

		(iii)	No more than one air curtain destructor is operated within a ten
(10) acre area at one time or there must be at least 1000 feet between
any two air curtain destructors;

		(iv)	Only wood waste consisting of trees, logs, large brush and stumps
which are relatively free of soil are burned in the air curtain
destructor;

		(v)	Tires or other rubber products, plastics, heavy oils or asphaltic
based or impregnated materials are not used to start or maintain the
operation of the air curtain destructor;

		(vi)	The air curtain destructor is constructed, installed and operated
in a manner consistent with good air pollution control practice for
minimizing emissions of fly ash and smoke;

		(vii)	The cleaning out of the air curtain destructor pit is performed
in a manner to prevent fugitive dust; and

		(viii)	The air curtain destructor cannot be fired before 10:00 a.m.
and the fire must be completely extinguished, using water or by covering
with dirt, at least one hour before sunset.

(b)	Specific County Restrictions.

	1.	In the counties of Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta,
DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry,
Newton, Paulding, Rockdale, Spalding and Walton, the only legal
exceptions to the general prohibition against open burning during the
months of May, June, July, August and September shall be exceptions
numbers 2, 5, 6, 10 and 12 under subsection (a) above provided, however,
that such burning, whenever feasible, be conducted between 10:00 a.m.
and one hour before sunset.

	2.	In the counties of Banks, Barrow, Butts, Chattooga, Clarke, Dawson,
Floyd, Gordon, Haralson, Heard, Jackson, Jasper, Jones, Lamar, Lumpkin,
Madison, Meriwether, Monroe, Morgan, Oconee, Pickens, Pike, Polk,
Putnam, Troup and Upson, the only legal exceptions to the general
prohibition against open burning during the months of May, June, July,
August and September shall be exceptions numbers 2, 3, 5, 6, 10 and 12
under subsection (a) above provided, however, that such burning,
whenever feasible, be conducted between 10:00 a.m. and one hour before
sunset.

	3.	Except as noted in subsections 1 and 2 above, in the counties whose
total population, as listed in the latest census, exceeds 65,000, the
only legal exceptions to the general prohibition against open burning
shall be exceptions numbers 1, 2, 3, 4, 5, 6, 7, 10, 12, and 13 under
subsection (a) above, provided, however, that such burning, whenever
feasible, be conducted between 10:00 a.m. and one hour before sunset and
does not cause air pollution in quantities or characteristics or of a
duration which is injurious or which unreasonably interferes with the
enjoyment of life or use of property in such area of the state as is
affected thereby.

(c)	Except for a reasonable period to get a fire started, no smoke the
opacity of which is equal to or greater than 40 percent shall be emitted
from any source of open burning listed in subsections (a) and (b) above,
except as follows.  Prescribed burning, slash burning, agricultural
burning and acquired structure burning are not subject to the 40 percent
opacity standard in this paragraph.

(d)	The Director may allow open burning prohibited under paragraphs (a)
and (b), upon a determination that such open burning is necessary to
protect the public health, safety or welfare of the people of the state
of Georgia, or there are no reasonable alternatives to the open burning.

(e)	Definitions.

	1.	“Prescribed burning” is a fire set under controlled conditions
to burn forest understory and used as a forest management practice to
establish favorable seedbeds, remove competing underbrush, accelerate
nutrient cycling, control tree pests, enhance wildlife habitat, and
contribute to ecological benefits.

	2.	“Slash burning” is a fire used as a forest management practice
and set to remove trunks, stumps, branches, residue, and other wastes
left on land after the removal of timber.

	3.	“Acquired structure burn” is the burning of a house, building or
structure for the exclusive purpose of providing training to fire
fighting personnel or arson investigators.

Authority:  O.C.G.A. Section 12-9-1 et seq., as amended.

Rule 391-3-1-.02, paragraph (8) thereof, relating to “New Source
Performance Standards,” is hereby amended by striking the subparagraph
(b) in its entirety and inserting in lieu thereof a new subparagraph (b)
to read as follows:

(b)	New Source Performance Standards.

	1.	General Provisions. For purposes of applying New Source Performance
Standards, 40 CFR, Part 60, subpart A (excluding 60.4 and 60.9) is
hereby incorporated and adopted by reference. The word
“Administrator” as used in regulations adopted in this paragraph
shall mean the Director of EPD.

	2.	Standards of Performance for Fossil-fuel Fired Steam Generators: 40
CFR, Part 60, subpart D, as amended, is hereby incorporated and adopted
by reference.

	3.	Standards of Performance for Electric Utility Steam Generating
Units: 40 CFR, Part 60, subpart Da, as amended, is hereby incorporated
and adopted by reference.

	4.	Standards of Performance for Industrial-Commercial-Institutional
Steam Generating Units: 40 CFR, Part 60, subpart Db, as amended, is
hereby incorporated and adopted by reference.

	5.	Standards of Performance for Small
Industrial-Commercial-Institutional Steam Generating Units: 40 CFR, Part
60, subpart Dc, as amended, is hereby incorporated and adopted by
reference.

	6.	Standards of Performance for Incinerators: 40 CFR, Part 60, subpart
E, as amended, is hereby incorporated and adopted by reference.

	7.	Standards of Performance for Municipal Waste Combustors: 40 CFR,
Part 60, subpart Ea, as amended, is hereby incorporated and adopted by
reference.

	8.	Standards of Performance for Portland Cement Plants: 40 CFR, Part
60, subpart F, as amended, is hereby incorporated and adopted by
reference.

	9.	Standards of Performance for Nitric Acid Plants: 40 CFR, Part 60,
subpart G, as amended, is hereby incorporated and adopted by reference.

	10.	Standards of Performance for Sulfuric Acid Plants: 40 CFR, Part 60,
subpart H, as amended, is hereby incorporated and adopted by reference.

	11.	Standards of Performance for Asphalt Concrete Plants: 40 CFR, Part
60, subpart I, as amended, is hereby incorporated and adopted by
reference.

	12.	Standards of Performance for Petroleum Refineries: 40 CFR, Part 60,
subpart J, as amended, is hereby incorporated and adopted by reference.

	13.	Standards of Performance for Storage Vessels for Petroleum Liquids:
40 CFR, Part 60, subpart K, as amended, is hereby incorporated and
adopted by reference.

	14.	Standards of Performance for Storage Vessels for Petroleum Liquids:
40 CFR, Part 60, subpart Ka, as amended, is hereby incorporated and
adopted by reference.

	15.	Standards of Performance for Volatile Organic Liquid Storage
Vessels: 40 CFR, Part 60, subpart Kb, as amended, is hereby incorporated
and adopted by reference.

	16.	Standards of Performance for Secondary Lead Smelters: 40 CFR, Part
60, subpart L, as amended, is hereby incorporated and adopted by
reference.

	17.	Standards of Performance for Secondary Brass and Bronze Ingot
Production Plants: 40 CFR, Part 60, subpart M, as amended, is hereby
incorporated and adopted by reference.

	18.	Standards of Performance for Iron and Steel Plants: 40 CFR, Part
60, subpart N, as amended, is hereby incorporated and adopted by
reference.

	19.	Standards of Performance for Secondary Emissions from Basic Oxygen
Process Steelmaking Facilities for Which Construction is Commenced After
January 20, 1983: 40 CFR, Part 60, subpart Na, as amended, is hereby
incorporated and adopted by reference.

	20.	Standards of Performance for Sewage Treatment Plants: 40 CFR, Part
60, subpart 0, as amended, is hereby incorporated and adopted by
reference.

	21.	Standards of Performance for Primary Copper Smelters: 40 CFR, Part
60, subpart P, as amended, is hereby incorporated and adopted by
reference.

	22.	Standards of Performance for Primary Zinc Smelters: 40 CFR, Part
60, subpart Q, as amended, is hereby incorporated and adopted by
reference.

	23.	Standards of Performance for Primary Lead Smelters: 40 CFR, Part
60, subpart R, as amended, is hereby incorporated and adopted by
reference.

	24.	Standards of Performance for Primary Aluminum Reduction Plants: 40
CFR, Part 60, subpart S, as amended, is hereby incorporated and adopted
by reference.

	25.	Standards of Performance for the Phosphate Fertilizer Industry:
Wet-Process Phosphoric Acid Plants: 40 CFR, Part 60, subpart T, as
amended, is hereby incorporated and adopted by reference.

	26.	Standards of Performance for the Phosphate Fertilizer Industry:
Superphosphoric Acid Plants: 40 CFR, Part 60, subpart U, as amended, is
hereby incorporated and adopted by reference.

	27.	Standards of Performance for the Phosphate Fertilizer Industry:
Diammonium Phosphate Plants: 40 CFR, Part 60, subpart V, as amended, is
hereby incorporated and adopted by reference.

	28.	Standards of Performance for the Phosphate Fertilizer Industry:
Triple Superphosphate Plants: 40 CFR, Part 60, subpart W, as amended, is
hereby incorporated and adopted by reference.

	29.	Standards of Performance for the Phosphate Fertilizer Industry:
Granular Triple Superphosphate Storage Facilities: 40 CFR, Part 60,
subpart X, as amended, is hereby incorporated and adopted by reference.

	30.	Standards of Performance for Coal Preparation Plants: 40 CFR, Part
60, subpart Y, as amended, is hereby incorporated and adopted by
reference.

	31.	Standards of Performance for Ferroalloy Production Facilities: 40
CFR, Part 60, subpart Z, as amended, is hereby incorporated and adopted
by reference.

	32.	Standards of Performance for Steel Plants: Electric Arc Furnaces:
40 CFR, Part 60, subpart AA, as amended, is hereby incorporated and
adopted by reference.

	33.	Standards of Performance for Steel Plants. Electric Arc Furnaces
and Argon-Oxygen Decarburization Vessels Constructed After August 17,
1983: 40 CFR 60, subpart AAa, as amended, is hereby incorporated and
adopted by reference.

	34.	Standards of Performance for Kraft Pulp Mills: 40 CFR, Part 60,
subpart BB, as amended, is hereby incorporated and adopted by reference.

	35.	Standards of Performance for Glass Manufacturing Plants: 40 CFR,
Part 60, subpart CC, as amended, is hereby incorporated and adopted by
reference.

	36.	Standards of Performance for Grain Elevators: 40 CFR, Part 60,
subpart DD, as amended, is hereby incorporated and adopted by reference.

	37.	Standards of Performance for Surface Coating of Metal Furniture: 40
CFR, Part 60, subpart EE, as amended, is hereby incorporated and adopted
by reference.

	38.	Standards of Performance for Stationary Gas Turbines: 40 CFR, Part
60, subpart GG, as amended, is hereby incorporated and adopted by
reference.

	39.	Standards of Performance for Lime Manufacturing Plants: 40 CFR,
Part 60, subpart HH, as amended, is hereby incorporated and adopted by
reference.

	40.	Standards of Performance for Lead-Acid Battery Manufacturing
Plants: 40 CFR, Part 60, subpart KK, as amended, is hereby incorporated
and adopted by reference.

	41.	Standards of Performance for Metallic Mineral Processing Plants: 40
CFR, Part 60, subpart LL, as amended, is hereby incorporated and adopted
by reference.

	42.	Standards of Performance for Automobile and Light-Duty Truck
Coating Operations: 40 CFR, Part 60, subpart MM, as amended, is hereby
incorporated and adopted by reference.

	43.	Standards of Performance for Phosphate Rock Plants: 40 CFR, Part
60, subpart NN, as amended, is hereby incorporated and adopted by
reference.

	44.	Standards of Performance for Ammonium Sulfate Manufacture: 40 CFR,
Part 60, subpart PP, as amended, is hereby incorporated and adopted by
reference.

	45.	Standards of Performance for Graphic Arts Industry: Publication
Rotogravure Printing: 40 CFR, Part 60, subpart QQ, as amended, is hereby
incorporated and adopted by reference.

	46.	Standards of Performance for Pressure Sensitive Tape and Label
Surface Coating Operations: 40 CFR, Part 60, subpart RR, as amended, is
hereby incorporated and adopted by reference.

	47.	Standards of Performance for Industrial Surface Coating: Large
Appliances: 40 CFR, Part 60, subpart SS, as amended, is hereby
incorporated and adopted by reference.

	48.	Standards of Performance for Metal Coil Surface Coating: 40 CFR,
Part 60, subpart TT, as amended, is hereby incorporated and adopted by
reference.

	49.	Standards of Performance for Asphalt Processing and Asphalt Roofing
Manufacture: 40 CFR, Part 60, subpart UU, as amended, is hereby
incorporated and adopted by reference.

	50.	Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry: 40 CFR, Part 60,
subpart VV, as amended, is hereby incorporated and adopted by reference.

	51.	Standards of Performance for Beverage Can Surface Coating Industry:
40 CFR, Part 60, subpart WW, as amended, is hereby incorporated and
adopted by reference.

	52.	Standards of Performance for Bulk Gasoline Terminals: 40 CFR, Part
60, subpart XX, as amended, is hereby incorporated and adopted by
reference.

	53.	Standards of Performance for Rubber Tire Manufacturing Industry: 40
CFR, Part 60, subpart BBB, as amended, is hereby incorporated and
adopted by reference.

	54.	Standards of Performance for Volatile Organic Compound (VOC)
Emission from Polymer Manufacturing Industry: 40 CFR, Part 60, subpart
DDD, as amended, is hereby incorporated and adopted by reference.

	55.	Standards of Performance for Flexible Vinyl and Urethane Printing
and Coating: 40 CFR 60, subpart FFF, as amended, is hereby incorporated
and adopted by reference.

	56.	Standards of Performance for Equipment Leaks of VOC in Petroleum
Refineries: 40 CFR, Part 60, subpart GGG, as amended, is hereby
incorporated and adopted by reference.

	57.	Standards of Performance for Synthetic Fiber Production Facilities:
40 CFR, Part 60, subpart HHH, as amended, is hereby incorporated and
adopted by reference.

	58.	Standards of Performance for Volatile Organic Compounds (VOC)
Emissions from the Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Air Oxidation Unit Processes: 40 CFR, Part 60, subpart III, as
amended, is hereby incorporated and adopted by reference.

	59.	Standards of Performance for Petroleum Dry Cleaners: 40 CFR, Part
60, subpart JJJ, as amended, is hereby incorporated and adopted by
reference.

	60.	Standards of Performance for Equipment Leaks of VOC from Onshore
Natural Gas Processing Plants: 40 CFR 60, subpart KKK, as amended, is
hereby incorporated and adopted by reference.

	61.	Standards of Performance for Onshore Natural Gas Processing: 40
CFR, Part 60, subpart LLL, as amended, is hereby incorporated and
adopted by reference.

	62.	Standards of Performance for Volatile Organic Compounds (VOC)
Emissions From the Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Distillation Operation: 40 CFR, Part 60, subpart NNN, as
amended, is hereby incorporated and adopted by reference.

	63.	Standards of Performance for Nonmetallic Mineral Processing Plants:
40 CFR, Part 60, subpart OOO, as amended, is hereby incorporated and
adopted by reference.

	64.	Standards of Performance for Wool Fiberglass Insulation
Manufacturing Plants: 40 CFR 60, subpart PPP, as amended, is hereby
incorporated and adopted by reference.

	65.	Standards of Performance for VOC Emissions from Petroleum Refinery
Wastewater Systems: 40 CFR 60, subpart QQQ, as amended, is hereby
incorporated and adopted by reference.

	66.	Standards of Performance for Volatile Organic Compound (VOC)
Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI)
Reactor Process: 40 CFR 60, subpart RRR, as amended, is hereby
incorporated and adopted by reference.

	67.	Standards of Performance for Magnetic Tape Coating: 40 CFR 60,
subpart SSS, as amended, is hereby incorporated and adopted by
reference.

	68.	Standards of Performance for Plastic Parts for Business Machine
Coatings: 40 CFR 60, subpart TTT, as amended, is hereby incorporated and
adopted by reference.

	69.	Standards of Performance for Calciners and Dryers in Mineral
Industries: 40 CFR 60, subpart UUU, as amended, is hereby incorporated
and adopted by reference.

	70.	Standards of Performance for Polymeric Coating of Supporting
Substrates Facilities: 40 CFR 60, subpart VVV, as amended, is hereby
incorporated and adopted by reference.

	71.	Standards of Performance for Municipal Waste Combustors for Which
Construction is Commenced after September 20, 1994: 40 CFR, Part 60,
subpart Eb, as amended, is hereby incorporated and adopted by reference.

	72.	Standards of Performance for Municipal Solid Waste Landfills: 40
CFR, Part 60, subpart WWW, as amended, is hereby incorporated and
adopted by reference.

	73.	Standards of Performance for Hospital/Medical/Infectious Waste
Incinerators for which construction is commenced after June 20, 1996: 40
CFR, Part 60, Subpart Ec, as amended, is hereby incorporated and adopted
by reference.

	74.	Standards of Performance for Small Municipal Waste Combustion Units
for Which Construction is Commenced After August 30, 1999: 40 CFR 60,
Subpart AAAA, as amended, is hereby incorporated and adopted by
reference.

	75.	Standards of Performance for Commercial and Industrial Solid Waste
Incineration Units for Which Construction is Commenced After November
30, 1999: 40 CFR 60, Subpart CCCC, as amended, is hereby incorporated
and adopted by reference.

Authority:  O.C.G.A. Section 12-9-1 et seq., as amended.

Rule 391-3-1-.02, paragraph (9) thereof, relating to “Emission
Standards of Hazardous Air Pollutants,” is hereby amended by striking
subparagraph (b) in its entirety and inserting in lieu thereof a new
subparagraph (b) to read as follows:

(9)	Emission Standards for Hazardous Air Pollutants.

.

Emission Standards for Hazardous Air Pollutants.

	1.	Emission Standard for Beryllium:  40 CFR, Part 61, subpart C, as
amended, is hereby incorporated and adopted by reference.

	2.	Emission Standard for Beryllium Rocket Motor Firing:  40 CFR, Part
61, subpart D, as amended, is hereby incorporated and adopted by
reference.

	3.	Emission Standard for Mercury:  40 CFR, Part 61, subpart E, as
amended, is hereby incorporated and adopted by reference.

	4.	Emission Standard for Vinyl Chloride:  40 CFR, Part 61, subpart F,
as amended, is hereby incorporated and adopted by reference.

	5.	Emission Standard for Equipment Leaks (Fugitive Emission Sources) of
Benzene:  40 CFR, Part 61, subpart J, as amended, is hereby incorporated
and adopted by reference.

	6.	Emission Standard for Benzene Emissions from Coke Byproduct Recovery
Plants:  40 CFR, Part 61, subpart L, as amended, is hereby incorporated
and adopted by reference.

	7.	Emission Standard for Asbestos (inc. work practices):  40 CFR, Part
61, subpart M, as amended, is hereby incorporated and adopted by
reference.

	8.	Emission Standard for Inorganic Arsenic Emissions from Glass
Manufacturing Plants:  40 CFR, Part 6 1, subpart N, as amended, is
hereby incorporated and adopt ed by reference.

	9.	Emission Standard for Inorganic Arsenic Emissions from Primary
Copper Smelters:  40 CFR, Part 61, subpart O, as amended, is hereby
incorporated and adopted by reference.

	10.	Emission Standard for Inorganic Arsenic Emissions from Arsenic
Trioxide and Metallic Arsenic Production Facilities:  40 CFR, Part 61,
subpart P, as amended, is hereby incorporated and adopted by reference.

	11.	Emission Standard for Equipment Leaks (Fugitive Emission Sources)
[of VHAP]:  40 CFR, Part 61, subpart V, as amended, is hereby
incorporated and adopted by reference.

	12.	Emission Standard for Benzene Emissions from Benzene Storage
Vessels:  40 CFR, Part 61, subpart Y, as amended, is hereby incorporated
and adopted by reference.

	13.	Emission Standard for Benzene Emissions from Benzene Transfer
Operations:  40 CFR, Part 61, subpart BB, as amended, is hereby
incorporated and adopted by reference.

	14.	Emission Standard for Benzene Waste Operations:  40 CFR, Part 61,
subpart FF, as amended, is hereby incorporated and adopted by reference.

	15.	General Provisions.  For purposes of applying Emission Standards
for Hazardous Air Pollutants, 40 CFR, Part 63, Subpart A, as amended,
(excluding 63.13, and 63.15(a)(2)) is hereby incorporated and adopted by
reference.

	16.	Requirements for Control Technology Determinations for Major
Sources in Accordance with Clean Air Act Paragraph 112(g): 40 CFR, Parts
63.40 through 63.44, as amended, is hereby incorporated and adopted by
reference, subject to the following provisions:

		(i)	Terms used in this paragraph shall have the meaning given to them
in the Clean Air Act, 40 CFR 63 Subparts A and B, and the Georgia Air
Quality Act.

		(ii)	The “Effective Date of Paragraph 112(g)(2)(B),” as defined in
40 CFR 63.41, shall be June 29, 1998.

		(iii)	The “Notice of MACT Approval,” as defined in 40 CFR 63.41,
shall be the air construction permit issued by the Division.

		(iv)	The “Permitting Authority,” as defined in 40 CFR 63.41, shall
be the Division.

		(v)	In lieu of the administrative procedures for review of the Notice
of MACT Approval, as set forth in 40 CFR 63.43(f) (1) through (5), the
Division will act in accordance with the permitting requirements as set
forth in Chapter 391-3-1-.03 Permits, as amended, and administrative
procedures for pre-construction review and approval established by the
Division.

		(vi)	In lieu of the opportunity for public comment  on the Notice of
MACT Approval, as set forth in 40 CFR 63.43(h), the Division will
provide opportunity for public comment on the Notice of MACT Approval
pursuant to Chapter 391-3-1-.03 (2)(I).

		(vii)	The Notice of MACT Approval shall become effective upon issuance
of the air construction permit by the Division.

	17.	Requirements for Control Technology Determinations for Major
Sources in Accordance with the Clean Air Act sections 112(j):  40 CFR
63, Subpart B, Sections 63.50 through 63.56, as amended, is hereby
incorporated and adopted by reference.

	18.	[reserved]

	19.	Compliance Extensions for Early Reductions: 40 CFR, Part 63,
Subpart D, as amended, is hereby incorporated and adopted by reference.

	20.	Emission Standards for Organic Hazardous Air Pollutants from the
Synthetic Organic Chemical Manufacturing Industry, 40 CFR 63, Subpart F,
as amended, is hereby incorporated and adopted by reference.

	21.	Emission Standards for Organic Hazardous Air Pollutants from
Synthetic Organic Chemical Manufacturing Industry for Process Vents,
Storage Vessels, Transfer Operations, and Wastewater, 40 CFR 63, Subpart
G, as amended, is hereby incorporated and adopted by reference.  Only
procedures listed in 63.112(e) of 40 CFR 63, Subpart G shall be used to
comply with the emission standard in 63.112(a) unless otherwise
specifically approved by the Director.

	22.	Emission Standards for Organic Hazardous Air Pollutants for
Equipment Leaks, 40 CFR 63, Subpart H, as amended, is hereby
incorporated and adopted by reference.

	23.	Emission Standards for Organic Hazardous Air Pollutants for Certain
Processes Subject to the Negotiated Regulation for Equipment Leaks, 40
CFR 63, Subpart I, as amended, is hereby incorporated and adopted by
reference.

	24.	Emission Standards for Polyvinyl Chloride and Copolymers
Production, 40 CFR Part 63, Subpart J, as amended, is hereby
incorporated and adopted by reference.

	25.	[reserved]

	26.	Emission Standards for Coke Oven Batteries, 40 CFR 63, Subpart L,
as amended, is hereby incorporated and adopted by reference.

	27.	Perchloroethylene Air Emission Standards for Dry Cleaning
Facilities, 40 CFR 63, Subpart M, as a mended, is hereby incorporated
and adopted by reference.

	28.	Emission Standards for Chromium Emissions from Ha rd and Decorative
Chromium Electroplating and Chromium Anodizing Tanks, 40 CFR 63, Subpart
N, as amended, is hereby incorporated and adopted by reference.

	29.	Ethylene Oxide Emissions Standards for Sterilization Facilities, 40
CFR 63, Subpart O, as amended, is hereby incorporated and adopted by
reference.

	30.	[reserved]

	31.	Emission Standards for Hazardous Air Pollutants for Industrial
Process Cooling Towers, 40 CFR 63, Subpart Q, as amended, is hereby
incorporated and adopted by reference.

	32.	Emission Standards for Gasoline Distribution Facilities (Bulk
Gasoline Terminals and Pipeline Breakout Stations), 40 CFR 63, Subpart
R, as amended, is hereby incorporated and adopted by reference.

	33.	Emission Standards for Pulp & Paper Industries, 40 CFR 63, Subpart
S, as amended, is hereby incorporated and adopted by reference.

	34.	Emission Standards for Halogenated Solvent Cleaning, 40 CFR 63,
Subpart T, as amended, is hereby incorporated and adopted by reference.

	35.	Emission Standards for Hazardous Air Pollutant Emissions: Group I
Polymers and Resins, 40 CFR 63, Subpart U, as amended, is hereby
incorporated and adopted by reference.

	36.	[reserved]

	37.	Emission Standards for Hazardous Air Pollutants for Epoxy Resins
Production and Non-Nylon Polyamides Production, 40 CFR 63, Subpart W, as
amended, is hereby incorporated and adopted by reference.

	38.	Emission Standards for Hazardous Air Pollutants From Secondary Lead
Smelting, 40 CFR 63, Subpart X, as amended, is hereby incorporated and
adopted by reference.

	39.	Emission Standards for Marine Tank Vessel Loading Operations, 40
CFR 63, Subpart Y, as amended, is hereby incorporated and adopted by
reference.

	40.	[reserved]

	41.	Emission Standards for Hazardous Air Pollutants from Phosphoric
Acid Manufacturing Plants, 40 CFR 63, Subpart AA, as amended, is hereby
incorporated and adopted by reference.

	42.	Emission Standards for Hazardous Air Pollutants from Phosphate
Fertilizers Production Plants, 40 CFR 63, Su bpart BB, as amended, is
hereby incorporated and adopted by reference.

	43.	Emission Standards for Hazardous Air Pollutants from Petroleum
Refineries, 40 CFR 63, Subpart CC, as amended, is hereby incorporated
and adopted by reference.  Only procedures listed in Section 63.642(k)
of 40 CFR 63, Subpart CC shall be used to comply with the emission
standard in Section 63.642(g).

	44.	Emission Standards for Hazardous Air Pollutants from Off-Site Waste
and Recovery Operations, 40 CFR 63, Subpart DD, as amended, is hereby
incorporated and adopted by reference.

	45.	Emission Standards for Magnetic Tape Manufacturing Operations, 40
CFR 63, Subpart EE, as amended, is hereby incorporated and adopted by
reference.

	46.	[reserved]

	47.	Emission Standards for Aerospace Manufacturing and Rework
Facilities, 40 CFR 63, Subpart GG, as amended, is hereby incorporated
and adopted by reference.

	48.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Oil & Natural Gas Production Facilities, 40 CFR 63, Subpart
HH, as amended, is hereby incorporated and adopted by reference.

	49.	Emission Standards for Shipbuilding and Ship Repair (Surface
Coating), 40 CFR 63, Subpart II, as amended, is hereby incorporated and
adopted by reference.

	50.	Emission Standards for Wood Furniture Manufacturing Operations, 40
CFR 63, Subpart JJ, as amended, is hereby incorporated and adopted by
reference.

	51.	Emission Standards for the Printing and Publishing Industry, 40 CFR
63, Subpart KK, as amended, is hereby incorporated and adopted by
reference.

	52.	Emission Standards for Hazardous Air Pollutants fo r Source
Categories: Primary Aluminum Reduction Plants, 40 CFR 63, Subpart LL, as
amended, is hereby incorporated and adopted by reference.

	53.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Combustion Sources at Kraft, Soda, and Sulfite Pulp and
Paper Mills, 40 CFR 63, Subpart MM, as amended, is hereby incorporated
and adopted by reference.

	54.	[reserved]

	55.	Emission Standards for Tanks-Level 1, 40 CFR 63, Subpart OO, as
amended, is hereby incorporated and adopted by reference.

	56.	Emission Standards for Containers, 40 CFR 63, Subpart PP, as
amended, is hereby incorporated and adopted by reference.

	57.	Emission Standards for Surface Impoundments, 40 CFR 63, Subpart QQ,
as amended, is hereby incorporated and adopted by reference.

	58.	Emission Standards for Individual Drain Systems, 40 CFR 63, Subpart
RR, as amended, is hereby incorporated and adopted by reference.

	59.	Emission Standards for Hazardous Air Pollutants from: Closed Vent
Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas
System or a Process, 40 CFR 63, Subpart SS, as amended, is hereby
incorporated and adopted by reference.

	60.	Emission Standards for Hazardous Air Pollutants from Equipment
Leaks - Control Level 1, 40 CFR 63, Subpart TT, as amended, is hereby
incorporated and adopted by reference.

	61.	Emission Standards for Hazardous Air Pollutants  from Equipment
Leaks - Control Level 2 Standards, 40 CFR 63, Subpart UU, as amended, is
hereby incorporated and adopted by reference.

	62.	Emission Standards for Oil-Water Separators and Organic-Water
Separators, 40 CFR 63, Subpart VV, as amended, is hereby incorporated
and adopted by reference.

	63.	Emission Standards for Hazardous Air Pollutants from Storage
Vessels (Tanks) - Control Level 2, 40 CFR 63, Subpart WW, as amended, is
hereby incorporated and adopted by reference.

	64.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Generic Maximum Achievable Control Technology Standards, 40
CFR 63, Subpart YY, as am ended, is hereby incorporated and adopted by
reference.

	65.	Emission standards for Hazardous Air Pollutants for Source
Categories: Steel Pickling - HCl Process Facilities and Hydrochloric
Acid Regeneration Plants, 40 CFR CCC, as amended, is hereby incorporated
and adopted by reference.

	66.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Mineral Wool Production, 40 CFR 63, Subpart DDD, as amended,
is hereby incorporated and adopted by reference.

	67.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Hazardous Waste Combustors, 40 CFR 63, Subpart EEE, as
amended, is hereby incorporated and adopted by reference.

	68.	[reserved]

	69.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Pharmaceuticals Production, 40 CFR 63, Subpart GGG, as
amended, is hereby incorporated and adopted by reference.

	70.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Natural Gas Transmission and Storage Facilities, 40 CFR 63,
Subpart HHH, as amended, is hereby incorporated and adopted by
reference.

	71.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Flexible Polyurethane Foam Production, 40 CFR 63, Subpart
III, as amended, is hereby incorporated and adopted by reference.

	72.	Emission Standards for Hazardous Air Pollutant Emissions: Group IV
Polymers and Resins, 40 CFR 63, Subpart JJJ, as amended, is hereby
incorporated and adopted by reference.

	73.	[reserved]

	74.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Portland Cement Manufacturing Industry, 40 CFR 63, Subpart
LLL, as amended, is hereby incorporated and adopted by reference.

	75.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Pesticide Active Ingredient Production, 40 CFR 63, Subpart
MMM, as amended, is hereby incorporated and adopted by reference.

	76.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Wool Fiberglass Manufacturing, 40 CFR 63, Subpart NNN, as
amended, is hereby incorporated and adopted by reference.

	77.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Amino/Phenolic Resins Production, 40 CFR 63, Subpart OOO, as
amended, is hereby incorporated and adopted by reference.

	78.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Polyether Polyols Production, 40 CFR 63, Subpart PPP, as
amended, is hereby incorporated and adopted by reference.

	79.	Emission Standards for Hazardous Air Pollutants for Primary Copper
Smelting, 40 CFR Part 63, Subpart QQQ, as amended, is hereby
incorporated and adopted by reference.

	80.	Emission Standards for Hazardous Air Pollutants for Secondary
Aluminum Production, 40 CFR, 63, Subpart RRR, as amended, is hereby
incorporated and adopted by reference.

	81.	[reserved]

	82.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Primary Lead Smelting, 40 CFR 63, Subpart TTT, as amended,
is hereby incorporated and adopted by reference.

	83.	Emission Standards for Petroleum Refineries: Catalytic Cracking,
Catalytic Reforming, and Sulfur Plant Units, 40 CFR Part 63, Subpart
UUU, as amended, is hereby incorporated and adopted by reference.

	84.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Publicly Owned Treatment Works, 40 CFR 63, Subpart VVV, as
amended, is hereby incorporated and adopted by reference.

	85.	[reserved]

	86.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Ferroalloys Production: Ferromanganese and Silicomanganese,
40 CFR 63, Subpart XXX, as amended, is hereby incorporated and adopted
by reference.

	87.	[reserved]

	88.	[reserved]

	89.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Municipal Solid Waste Landfills, 40 CFR Part 63, Subpart
AAAA, as amended, is hereby incorporated and adopted by reference.

	90.	[reserved]

	91.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Nutritional Yeast Manufacturing, 40 CFR Part 63, Subpart
CCCC, as amended, is hereby incorporated and adopted by reference.

	92.	[reserved]

	93.	[reserved]

	94.	[reserved]

	95.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Vegetable Oil Production, 40 CFR Part 63, Subpart GGGG, as
amended, is hereby incorporated and adopted by reference.

	96.	Emission Standards for Hazardous Air Pollutants for Wet Formed
Fiberglass Mat Production, 40 CFR Part 63, Subpart HHHH, as amended, is
hereby incorporated and adopted by reference.

	97.	[reserved]

	98.	Emission Standards for Hazardous Air Pollutants for Paper and Other
Web Coatings, 40 CFR Part 63, Subpart JJJJ, as amended, is hereby
incorporated and adopted by reference.

	99.	[reserved]

	100.	[reserved]

	101.	[reserved]

	102.	Emission Standards for Hazardous Air Pollutants for Large
Appliances Surface Coating Operations, 40 CFR Part 63, Subpart NNNN, as
amended, is hereby incorporated and adopted by reference.

	103.	[reserved]

	104.	[reserved]

	105.	[reserved]

	106.	[reserved]

	107.	Emission Standards for Hazardous Air Pollutants for Metal Coil
Surface Coating Operations, 40 CFR Part 63, Subpart SSSS, as amended, is
hereby incorporated and adopted by reference.

	108.	Emission Standards for Hazardous Air Pollutants for Leather
Finishing Operations, 40 CFR Part 63, Subpart TTTT, as amended, is
hereby incorporated and adopted by reference.

	109.	Emission Standards for Hazardous Air Pollutants for Cellulose
Products Manufacturing, 40 CFR Part 63, Subpart UUUU, as amended, is
hereby incorporated and adopted by reference.

	110.	Emission Standards for Hazardous Air Pollutants for Source
Categories: Boat Manufacturing, 40 CFR Part 63, Subpart VVVV, as
amended, is hereby incorporated and adopted by reference.

	111.	[reserved]

	112.	 Emission Standards for Hazardous Air Pollutants for Tire
Manufacturing, 40 CFR Part 63, Subpart XXXX, as amended, is hereby
incorporated and adopted by reference.

	113.	[reserved]

	114.	[reserved]

	115.	[reserved]

	116.	[reserved]

	117.	[reserved]

	118.	[reserved]

	119.	[reserved]

	120.	[reserved]

	121.	[reserved]

	122.	[reserved]

	123.	[reserved]

	124.	[reserved]

	125.	[reserved]

	126.	[reserved]

	127.	[reserved]

	128.	[reserved]

	129.	[reserved]

	130.	[reserved]

	131.	Emission Standards for Hazardous Air Pollutants for Friction
Materials Manufacturing Facilities, 40 CFR Part 63, Subpart QQQQQ, as
amended, is hereby incorporated and adopted by reference.

Authority:  O.C.G.A. Section 12-9-1 et seq., as amended.

Rule 391-3-1-.03, subparagraph (11)(b)6 thereof, relating to “Cotton
ginning operations,” is hereby amended by deleting subparagraph
(11)(b)6 in its entirety and inserting in lieu thereof a new
subparagraph (11)(b)6 to read as follows:

(11)	Permit by Rule

.

(b)	Permit by Rule Standards

.

	6.	Cotton ginning operations.

		(i)	Notwithstanding any other provision of these Rules, this standard
applies to facilities with a potential to emit in excess of the Part 70
major source threshold without existing federally enforceable permit
conditions limiting the source to below Part 70 major source thresholds.
 Cotton ginning operations shall be deemed to have a Permit by Rule if
the conditions in paragraph (I) and (II) are met. Facilities that have
potential emissions greater than major source thresholds even after this
rule is met or are not able to meet the conditions in paragraphs (I) and
(II) shall obtain a Part 70 Permit.

			(I)	Monitoring and Record keeping.  A log of the monthly production
must be kept. The total production for the previous twelve consecutive
months must be included in each month’s log. This log shall be kept
for five years from the date of last entry.  The log shall be available
for inspection or submittal to the Division.

			(II)	Annual Production.  Production shall be limited to 120,000
standard bales of cotton during any twelve consecutive months.

Authority:  O.C.G.A. Section 12-9-1 et seq., as amended

Chapter 391-3-1	Air Quality Control

Air Quality Control	Chapter 391-3-1

Page   PAGE  6  of   NUMPAGES  24

Page   PAGE  7  of   NUMPAGES  24


[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Page 41444]
[FR Doc No: 2016-15090]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0415]

Safety Zones; Captain of the Port Boston Fireworks Display Zone,
Boston Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce special local regulations for the
Boston Harborfest in Boston Inner Harbor on July 2, 2016, to provide
for the safety of life on navigable waterways during the fireworks. Our
regulation for Captain of the Port Boston Fireworks display zone,
Boston Harbor, Boston, MA identifies the regulated area for this
fireworks display. During the enforcement period, no vessel may transit
this regulated area without approval from the Captain of the Port or a
designated representative.

DATES: The regulation in 33 CFR 165.119(a)(2) will be enforced
Saturday, July 2, 2016 from 9 p.m. to 9:45 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Mr. Mark Cutter, Sector Boston
Waterways Management Division, U.S. Coast Guard; telephone 617-223-
4000, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 165.119(a)(2) Saturday, July 2, 2016 from 9 p.m.
to 9:45 p.m., for the Boston Harborfest in Boston Inner Harbor. This
action is being taken to provide for the safety of life on navigable
waterways during the fireworks display. Our regulation for Captain of
the Port Boston Fireworks display zone, Boston Harbor, Boston, MA,
Sec.  165.119(a)(2), specifies the location of the regulated area as
all U.S. navigable waters of Boston Inner Harbor within a 700-foot
radius of the fireworks barge in approximate position 42[deg]21'41.2''
N. 071[deg]02'36.5'' W. (NAD 1983), located off of Long Wharf, Boston
MA. As specified in Sec.  165.119(e), during the enforcement period, no
vessel may transit this regulated area without approval from the
Captain of the Port Sector Boston (COTP) or a COTP designated
representative.
    This notice of enforcement is issued under authority of 33 CFR
165.119 and 5 U.S.C. 552(a). In addition to this notice of enforcement
in the Federal Register, the Coast Guard plans to provide notification
of this enforcement periods via the Local Notice to Mariners and
Broadcast Notice to Mariners.

    Dated: June 17, 2016.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2016-15090 Filed 6-24-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Proposed Rules]
[Page 14633]
[FR Doc No: 2014-05736]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1152]

Proposed Flood Elevation Determinations for Washington County,
Pennsylvania (All Jurisdictions)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; withdrawal.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed rule concerning proposed flood elevation determinations
for Washington County, Pennsylvania (All Jurisdictions).

DATES: The withdrawal is effective on March 17, 2014.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1152, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On November 2, 2010, FEMA published a
proposed rulemaking at 75 FR 67308-67310, proposing flood elevation
determinations along one or more flooding sources in Washington County,
Pennsylvania. Because FEMA has or will be issuing a Revised Preliminary
Flood Insurance Rate Map, and if necessary a Flood Insurance Study
report, featuring updated flood hazard information, the proposed
rulemaking is being withdrawn. A Notice of Proposed Flood Hazard
Determinations will be published in the Federal Register and in the
affected community's local newspaper.

    Authority:  42 U.S.C. 4104; 44 CFR 67.4.

    Dated: January 31, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-05736 Filed 3-14-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Page 63615]
[FR Doc No: 2011-26374]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-29-000]

Atlantic Path 15, LLC; Notice of Initiation of Proceeding and
Refund Effective Date

    On April 19, 2011, the Commission issued an order that initiated a
proceeding in Docket No. EL11-29-000, pursuant to section 206 of the
Federal Power Act (FPA), 16 U.S.C. 824e (2006), to determine the
justness and reasonableness of Atlantic Path 15, LLC's proposed rate
reduction to its transmission revenue requirement. Atlantic Path 15,
LLC, 135 FERC ] 61,037 (2011).
    The refund effective date in Docket No. EL11-29-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.

    Dated: October 5, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-26374 Filed 10-12-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53106]
[FR Doc No: 2021-20679]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4504-DR; Docket ID FEMA-2021-0001]

Kansas; Amendment No. 5 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Kansas (FEMA-4504-DR), dated March 29, 2020, and
related determinations.

DATES: This amendment was issued August 5, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
dated March 29, 2020 for the State of Kansas is hereby amended to
include the Hazard Mitigation Grant Program.

    All areas within the State of Kansas are eligible for assistance
under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-20679 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P