[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Page 47640]
[FR Doc No: 2017-22103]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0385; FRL-9969-29-Region 4]

Air Plan Approval: SC: Multiple Revisions to Air Pollution
Control Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the August 16, 2017, direct
final rule that approves portions of the South Carolina state
implementation plan (SIP) revisions for miscellaneous rules covering
air pollution control standards. EPA will address the comment in a
subsequent final action based upon the proposed rulemaking action, also
published on August 16, 2017. EPA will not institute a second comment
period on this action.

DATES: The direct final rule published at 82 FR 38828, on August 16,
2017, is withdrawn, effective October 13, 2017.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Wong can also
be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On August 16, 2017 (82 FR 38828), EPA
published a direct final rule approving SIP revisions submitted by the
State of South Carolina, through the South Carolina Department of
Health and Environmental Control (SC DHEC). EPA took a direct final
action to approve portions of the October 1, 2007, July 18, 2011, June
17, 2013, August 8, 2014, August 12, 2015, July 27, 2016, and November
4, 2016, submissions that revise Regulation 61-62.5, Standard No. 1--
``Emissions From Fuel Burning Operations'' and Regulation 61-62.5,
Standard No. 4--``Emissions From Process Industries.''
    In the direct final rule, EPA explained that the Agency was
publishing the rule without prior proposal because the Agency viewed
the submittal as a non-controversial SIP amendment and anticipated no
adverse comments. Further, EPA explained that the Agency was publishing
a separate document in the proposed rules section of the Federal
Register to serve as the proposal to approve the SIP revision should an
adverse comment be filed. EPA also noted that the rule would be
effective generally 30 days after the close of the public comment
period, without further notice unless the Agency received adverse
comment by the close of the public comment period. EPA explained that
if the Agency received such comments, then EPA would publish a document
withdrawing the final rule and informing the public that the rule would
not take effect. It was also explained that all public comments
received would then be addressed in a subsequent final rule based on
the proposed rule, and that EPA would not institute a second comment
period on this action.
    EPA received one adverse comment from a single Commenter on the
direct final rule on both the changes to Regulation 61-62.5, Standard
No. 1 and to Standard No. 4. As a result of the comment received, EPA
is withdrawing the direct final rule approving the aforementioned
changes to the South Carolina SIP at Regulation 61-62.5, Standard No. 1
and Regulation 61-62.5, Standard No. 4. EPA will address the comment in
a separate final action based on the proposed action also published on
August 16, 2017 (82 FR 38874). EPA will not open a second comment
period for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

0
Accordingly, the amendments to 40 CFR 52.2120(c) published on August
16, 2017 (82 FR 38828), which were to become effective October 16,
2017, are withdrawn.

[FR Doc. 2017-22103 Filed 10-12-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74114-74115]
[FR Doc No: 2021-28234]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34446; File No. 812-15225]

Capital Group ETF Trust, et al.

December 22, 2021.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 5(a)(1), 22(d) and 22(e) of the Act and rule 22c-1 under the
Act, and under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and 17(a)(2) of the Act, and under Section
12(d)(1)(J) of the Act for an exemption from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act.

Applicants:  Capital Group ETF Trust (the ``Trust''), Capital Research
and Management Company (the ``Adviser''), and American Funds
Distributors, Inc. (the ``Distributor'').

Summary of Application:  Applicants request an order (``Order'') that
permits: (a) The Funds (defined below) to issue shares (``Shares'')
redeemable in large aggregations only (``creation units''); (b)
secondary market transactions in Shares to occur at negotiated market
prices rather than at net asset value; (c) certain Funds to pay
redemption proceeds, under certain circumstances, more than seven days
after the tender of Shares for redemption; and (d) certain affiliated
persons of a Fund to deposit securities into, and receive securities
from, the Fund in connection with the purchase and redemption of
creation units. The relief in the Order would incorporate by reference
terms and conditions of the same relief of a previous order granting
the same relief sought by applicants, as that order may be amended from
time to time (``Reference Order'').\1\
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    \1\ Fidelity Beach Street Trust, et al., Investment Company Act
Rel. Nos. 33683 (Nov. 14, 2019) (notice) and 33712 (Dec. 10, 2019)
(order). Applicants are not seeking relief under Section 12(d)(1)(J)
of the Act for an exemption from Sections 12(d)(1)(A) and
12(d)(1)(B) of the Act (the ``Section 12(d)(1) Relief''), and relief
under Sections 6(c) and 17(b) of the Act for an exemption from
Sections 17(a)(1) and 17(a)(2) of the Act relating to the Section
12(d)(1) Relief, except as necessary to allow a Fund's receipt of
Representative ETFs included in its Tracking Basket solely for
purposes of effecting transactions in Creation Units (as these terms
are defined in the Reference Order), notwithstanding the limits of
Rule 12d1-4(b)(3). Accordingly, to the extent the terms and
conditions of the Reference Order relate to such relief, they are
not incorporated by reference herein other than with respect to such
limited exception.

Filing Date:  The application was filed on April 30, 2021, 2021 and
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amended on June 14, 2021 and August 25, 2021.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at [email protected] and serving applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on January 17, 2022, and should be
accompanied by proof of service on applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at [email protected].

ADDRESSES: Secretary, U.S. Securities and Exchange Commission,
[email protected]. Applicants: Naseem Nixon, Capital Research
Management Company, 333 South Hope Street, 50th Floor, Los Angeles, CA
90071; Michael W. Mundt, Stradley Ronon Stevens & Young, LLP, 2000 K
Street NW, Suite 700, Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Thankam A. Varghese, Senior Counsel or
Joseph Toner, Acting Branch Chief (Division of Investment Management,
Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at https://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants

    1. The Trust is a statutory trust organized under the laws of
Delaware and will consist of one or more series operating as a Fund.
The Trust is registered as an open-end management investment company
under the Act. Applicants seek relief with respect to Funds (as defined
below), including the Initial Fund (the ``Initial Fund''). The Funds
will offer exchange-traded shares utilizing active management
investment strategies as contemplated by the Reference Order.\2\
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    \2\ To facilitate arbitrage, among other things, each day a Fund
will publish a basket of securities and cash that, while different
from the Fund's portfolio, is designed to closely track its daily
performance.
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    2. The Adviser, a Delaware corporation, will be the investment
adviser to the Initial Fund. Subject to approval by the Trust's board
of trustees, an Adviser (as defined below) will serve as investment
adviser to the Funds. The Adviser is, and any other Adviser will be,
registered as an investment adviser under the Investment Advisers Act
of 1940

(``Advisers Act''). An Adviser may enter into sub-advisory agreements
with other investment advisers to act as sub-advisers with respect to
the Funds (each a ``Sub-Adviser''). Any Sub-Adviser to a Fund will be
registered under the Advisers Act.
    3. The Distributor is a California corporation and a broker-dealer
registered under the Securities Exchange Act of 1934, as amended, and
will act as the principal underwriter of Shares of the Initial Fund.
Applicants request that the requested relief apply to any distributor
of Shares, whether affiliated or unaffiliated with the Adviser and/or
Sub-Adviser (included in the term ``Distributor''). Any Distributor
will comply with the terms and conditions of the Order.

Applicants' Requested Exemptive Relief

    4. Applicants seek the requested Order under section 6(c) of the
Act for an exemption from sections 2(a)(32), 5(a)(1), 22(d) and 22(e)
of the Act and rule 22c-1 under the Act, under sections 6(c) and 17(b)
of the Act for an exemption from sections 17(a)(1) and 17(a)(2) of the
Act and under Section 12(d)(1)(J) of the Act for an exemption from
Sections 12(d)(1)(A) and 12(d)(1)(B) of the Act. The requested Order
would permit applicants to offer Funds that operate as contemplated by
the Reference Order. Because the relief requested is the same as
certain of the relief granted by the Commission under the Reference
Order and because the Adviser has entered into a licensing agreement
with Fidelity Management & Research Company LLC, or an affiliate
thereof, in order to offer Funds that operate as contemplated by the
Reference Order,\3\ the Order would incorporate by reference the terms
and conditions of the same relief of the Reference Order.
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    \3\ Certain aspects of how the Funds will operate (as described
in the Reference Order) are the intellectual property of Fidelity
Management & Research Company (or its affiliates).
---------------------------------------------------------------------------

    5. Applicants request that the Order apply to the Initial Fund and
to any other existing or future registered open-end management
investment company or series thereof that: (a) Is advised by the
Adviser or any entity controlling, controlled by, or under common
control with the Adviser (any such entity included in the term
``Adviser''); (b) offers exchange-traded shares utilizing active
management investment strategies as contemplated by the Reference
Order; and (c) complies with the terms and conditions of the Order and
the terms and conditions of the Reference Order that are incorporated
by reference into the Order (each such company or series and each
Initial Fund, a ``Fund'').\4\
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    \4\ All entities that currently intend to rely on the Order are
named as applicants. Any other entity that relies on the Order in
the future will comply with the terms and conditions of the Order
and the terms and conditions of the Reference Order that are
incorporated by reference into the Order.
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    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provisions of the Act, if and to
the extent that such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) of the Act if evidence establishes that
the terms of the transaction, including the consideration to be paid or
received, are reasonable and fair and do not involve overreaching on
the part of any person concerned, and the transaction is consistent
with the policies of the registered investment company and the general
purposes of the Act. Section 12(d)(1)(J) of the Act provides that the
Commission may exempt any person, security, or transaction, or any
class or classes of persons, securities or transactions, from any
provision of section 12(d)(1) if the exemption is consistent with the
public interest and the protection of investors. Applicants submit that
for the reasons stated in the Reference Order the requested relief
meets the exemptive standards under sections 6(c), 17(b) and
12(d)(1)(J) of the Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-28234 Filed 12-28-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 66038-66044]
[FR Doc No: 2021-24099]

Vol. 86

Friday,

No. 221

November 19, 2021

Part III

Environmental Protection Agency

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40 CFR Part 63

National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Automobiles and Light-Duty Trucks, Surface Coating of Metal
Cans, Boat Manufacturing, and Clay Ceramics Manufacturing; Technical
Correction; National Emission Standards for Hazardous Air Pollutants:
Refractory Products Manufacturing Residual Risk and Technology Review;
National Emission Standards for Hazardous Air Pollutants: Carbon Black
Production and Cyanide Chemicals Manufacturing Residual Risk and
Technology Reviews, and Carbon Black Production Area Source Technology
Review; National Emission Standards for Hazardous Air Pollutants: Paint
Stripping and Miscellaneous Surface Coating Operations at Area Sources
Technology Review; Final Rules and Proposed Rule

Federal Register / Vol. 86 , No. 221 / Friday, November 19, 2021 /
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2019-0314, EPA-HQ-OAR-2017-0684, EPA-HQ-OAR-2016-0447, EPA-
HQ-OAR-2013-0290; FRL-8472-01-OAR]
RIN 2060-AT49, 2060-AT51, 2060-AT12, and 2060-AT25

National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Automobiles and Light-Duty Trucks, Surface Coating of Metal
Cans, Boat Manufacturing, and Clay Ceramics Manufacturing; Technical
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA)
is making technical corrections to four regulations under the National
Emission Standards for Hazardous Air Pollutants (NESHAP) program.
Specifically, the rules to be amended by this action include the
following: The NESHAP for Surface Coating of Automobiles and Light-Duty
Trucks, promulgated on July 8, 2020; the NESHAP for Surface Coating of
Metal Cans, promulgated on February 25, 2020; the NESHAP for Boat
Manufacturing, promulgated on March 20, 2020; and the NESHAP for Clay
Ceramics Manufacturing, promulgated on November 1, 2019. Following
signature of each of these final rules, the EPA discovered inadvertent
minor errors and is correcting these errors in this action.

DATES: This final rule is effective on November 19, 2021. The
incorporation by reference (IBR) of certain publications listed in the
rule is approved by the Director of the Federal Register as of November
19, 2021. The incorporation by reference of certain other publications
listed in the rule was approved by the Director of the Federal Register
as of June 25, 2004 and July 8, 2020.

ADDRESSES: The EPA has established a docket for each rule included in
this action under the following: Docket ID No. EPA-HQ-OAR-2019-0314
(NESHAP for Surface Coating of Automobiles and Light-Duty Trucks),
Docket ID No. EPA-HQ-OAR-2017-0684 (NESHAP for Surface Coating of Metal
Cans), Docket ID No. EPA-HQ-OAR-2016-0447 (NESHAP for Boat
Manufacturing), and Docket ID No. EPA-HQ-OAR-2013-0290 (NESHAP for Clay
Ceramic Manufacturing). All documents in each docket are listed on the
https://www.regulations.gov/ website. Although listed, some information
is not publicly available, e.g., Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through https://www.regulations.gov/. Out of an abundance of caution
for members of the public and our staff, the EPA Docket Center and
Reading Room are closed to the public, with limited exceptions, to
reduce the risk of transmitting COVID-19. Our Docket Center staff will
continue to provide remote customer service via email, phone, and
webform. For further information on EPA Docket Center services and the
current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Mr. Brian Storey, Sector Policies and Programs Division (D243-
04), Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; and email
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of This Action

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. The EPA has determined
that for this action, there is good cause for making these technical
corrections final without a prior proposal and the opportunity for
comment because the Agency is correcting minor errors that do not
substantially change the Agency action taken in each of the four final
rules discussed. These technical corrections will ensure that the
regulatory text agrees with the description of the rule that the EPA
provided in the final rule preamble for each of the four rules
discussed in this action. Thus, notice and comment public procedures
are unnecessary. The Agency finds that this constitutes a good cause
under 5 U.S.C. 553(b)(3)(B). See also the final sentence of section
307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), indicating
that the good cause provisions in subsection 553(b) of the APA continue
to apply to this type of rulemaking under section 307(d) of the CAA.
Refer to sections I.A through I.D of this preamble for a more detailed
discussion of the goof cause rationale for each rule.

A. Summary of Technical Corrections to the NESHAP for Surface Coating
of Automobiles and Light-Duty Trucks and Incorporation by Reference

    In the July 8, 2020, final rule (85 FR 41100) the EPA included
reference to the document, Protocol for Determining the Volatile
Organic Compound Emission Rate of Automobile and Light-Duty Truck
Topcoat, published December 1988 (EPA-450/3-88-018). This document was
found to be out-of-date. In this action, the EPA is amending the rule
to refer to the document, Protocol for Determining the Daily Volatile
Organic Compound Emission Rate of Automobile and Light-Duty Truck
Primer-Surfacer and Topcoat, published September 2008 (EPA-453/R-08-
002). This protocol determines the daily VOC emission rate (pounds of
VOC per gallon of coating solids deposited) for a complete auto and
light duty truck topcoat operation. The EPA has made, and will continue
to make, the EPA document generally available electronically through
https://www.regulations.gov/ and at the appropriate EPA office (see the
ADDRESSES section of this preamble for more information). A copy of the
red line version of the corrected rule language is available in Docket
ID No. EPA-HQ-OAR-2019-0314. The intent of the rule remains unchanged
by correcting the reference. The protocols provided by the revised
September 2008 document (EPA-453/R-08-002) are consistent with the
protocols of the December 1988 document (EPA-450/3-88-018); therefore,
the EPA finds good cause to make the correction in this direct final
action.

B. Summary of Technical Corrections to the NESHAP for Surface Coating
of Metal Cans

    The publication of the February 25, 2020, final rule (85 FR 10828)
inadvertently deleted Equation 1 of the rule from the text of the Code
of Federal Regulations. This equation was not intended to be deleted.
In this action, the EPA is restoring the deleted equation and the
associated definitions to Sec.  63.3541(h). A red line version of the
corrected rule language is available in Docket ID No. EPA-HQ-OAR-2017-
0684. Equation 1 is used to calculate organic HAP emission reductions
from controlled coating operations not using

liquid-liquid material balances. Equation 1 was not part of the 2020
final rule amendments and was already in the rule prior to the
amendments. Section 63.3541(h) of the rule references Equation 1, and
without the equation, the reference is incomplete; therefore, the EPA
finds good cause to make the correction in this direct final action.

C. Summary of Technical Corrections to the NESHAP for Boat
Manufacturing

    Table 8 of the March 20, 2020, final rule (85 FR 15960) included
specific references to the general provisions of 40 CFR part 63,
subpart A. After promulgation, the EPA found that Table 8 indicates
that 40 CFR 63.6(f) applies to the rule, but, in fact, section
63.6(f)(1) includes start-up, shutdown, and malfunction (SSM) language
that has been vacated by the D.C. Circuit and the EPA stated in the
preamble the Agency intended to remove from the Boat Manufacturing
NESHAP (85 FR at 15963 and 15967-68). In this action, the EPA is
revising Table 8 to indicate Sec.  63.6(f)(1) does not apply. A red
line version of the corrected rule language is available in Docket ID
No. EPA-HQ-OAR-2016-0447. The correction to the reference in Table 8
only corrects the reference to subpart A and does not change the
requirement to comply with emission limits of the rule at all times, as
addressed in the proposed and final rule preamble. These corrections
will ensure that the regulatory text agrees with the description of the
rule that was provided in the final rule preamble; therefore, the EPA
finds good cause to make the correction in this direct final action.

D. Summary of Technical Corrections to the NESHAP for Clay Ceramic
Manufacturing

    Following signature of the November 1, 2019, final rule (84 FR
58601), the EPA discovered inadvertent errors in Table 2 of the rule.
In several instances, the rows of the table were misaligned when
published. Table 2 of the rule provides operating limits for regulated
emission sources and their various control technology configurations
and includes three columns. As a result of the error in publication,
several of the control technologies identified in the rightmost column
(column 3) were misaligned with the sources identified in the leftmost
column (column 1), so that they no longer were appropriate or relevant.
In this action, the EPA is correcting the table to ensure the control
technology information is relevant to the appropriate source. In
addition, the EPA's Electronic Reporting Tool (ERT) URL included a
typographical error rendering the weblink, as written in the rule text,
inoperable. This action corrects the URL of the weblink to ensure
accessibility of the tool. A red line version of the corrected rule
language is available in Docket ID No. EPA-HQ-OAR-2013-0290. The
corrections to Table 8 and to the URL do not affect the standards of
the rule, and only ensure the information provided is accurate and
relevant; therefore, the EPA finds good cause to make the correction in
this direct final action.

II. Summary of Cost, Environmental, and Economic Impacts

    This action will have no cost, environmental, energy, or economic
impacts beyond those impacts presented in the July 8, 2020, NESHAP for
Surface Coating of Automobiles and Light-Duty Trucks final rule (85 FR
41100), the February 25, 2020, NESHAP for Surface Coating of Metal Cans
final rule (85 FR 10828), the March 20, 2020, NESHAP for Boat
Manufacturing final rule (85 FR 15960), and the October 26, 2015 NESHAP
for Clay Ceramics Manufacturing final rule (84 FR 58601). The technical
corrections are cost neutral.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practices and procedures,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

Joseph Goffman,
Office of Air and Radiation, Acting Assistant Administrator.

    For the reasons set out in the preamble, 40 CFR part 63 is
corrected as follows:

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

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by revising paragraph (n)(1) to read as
follows:

Sec.  63.14   Incorporations by reference.

* * * * *
    (n) * * *
    (1) EPA-453/R-08-002, Protocol for Determining the Daily Volatile
Organic Compound Emission Rate of Automobile and Light-Duty Truck
Primer-Surfacer and Topcoat, published September 2008, IBR approved for
Sec. Sec.  63.3130(c), 63.3161(d) and (g), 63.3165(e), and appendix A
to subpart IIII.
* * * * *

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

0
3. Section 63.3130 is amended by revising paragraphs (c)(4) and (5) to
read as follows:

Sec.  63.3130   What records must I keep?

* * * * *
    (c) * * *
    (4) A record of the calculation of the organic HAP emission rate
for electrodeposition primer, primer-surfacer, topcoat, final repair,
glass bonding primer, and glass bonding adhesive plus all coatings and
thinners, except for deadener materials and for adhesive and sealer
materials that are not components of glass bonding systems, used in
coating operations added to the affected source pursuant to Sec.
63.3082(c) for each month if subject to the emission limit of Sec.
63.3090(a) or Sec.  63.3091(a). This record must include all raw data,
algorithms, and intermediate calculations. If the guidelines presented
in the ``Protocol for Determining the Daily Volatile Organic Compound
Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and
Topcoat'' EPA-453/R-08-002 (incorporated by reference, see Sec.
63.14), are used, you must keep records of all data input to this
protocol. If these data are maintained as electronic files, the
electronic files, as well as any paper copies must be maintained. These
data must be provided to the permitting authority on request on paper,
and in (if calculations are done electronically) electronic form.
    (5) A record of the calculation of the organic HAP emission rate
for primer-surfacer, topcoat, final repair, glass bonding primer, and
glass bonding adhesive plus all coatings and thinners, except for
deadener materials and for adhesive and sealer materials that are not
components of glass bonding systems, used in coating operations added
to the affected source pursuant to Sec.  63.3082(c) for each month if
subject to the emission limit of Sec.  63.3090(b) or Sec.  63.3091(b),
and a record of the weight fraction of each organic HAP in each
material added to the electrodeposition primer system if subject to the
limitations of Sec.  63.3092(a). This record

must include all raw data, algorithms, and intermediate calculations.
If the guidelines presented in the ``Protocol for Determining the Daily
Volatile Organic Compound Emission Rate of Automobile and Light-Duty
Truck Primer-Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by
reference, see Sec.  63.14), are used, you must keep records of all
data input to this protocol. If these data are maintained as electronic
files, the electronic files, as well as any paper copies must be
maintained. These data must be provided to the permitting authority on
request on paper, and in (if calculations are done electronically)
electronic form.
* * * * *

0
4. Section 63.3161 is amended by revising paragraphs (d) and (g) to
read as follows:

Sec.  63.3161   How do I demonstrate initial compliance?

* * * * *
    (d) Compliance with emission limits. You must follow the procedures
in paragraphs (e) through (o) of this section to demonstrate compliance
with the applicable emission limit in Sec.  63.3090(a) or Sec.
63.3091(a). You may also use the guidelines presented in ``Protocol for
Determining the Daily Volatile Organic Compound Emission Rate of
Automobile and Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-453/
R-08-002 (incorporated by reference, see Sec.  63.14) in making this
demonstration.
* * * * *
    (g) Determine the transfer efficiency for each coating. You must
determine the transfer efficiency for each primer-surfacer and topcoat
coating, and for all coatings, except for deadener and for adhesive and
sealer that are not components of glass bonding systems, used in
coating operations added to the affected source pursuant to Sec.
63.3082(c) using ASTM Method D5066-91 (Reapproved 2017), ``Standard
Test Method for Determination of the Transfer Efficiency
UnderProduction Conditions for Spray Application of Automotive Paints-
Weight Basis'' (incorporated by reference, see Sec.  63.14), or the
guidelines presented in ``Protocol for Determining the Daily Volatile
Organic Compound Emission Rate of Automobile and Light-Duty Truck
Primer-Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by
reference, see Sec.  63.14). You may conduct transfer efficiency
testing on representative coatings and for representative spray booths
as described in ``Protocol for Determining the Daily Volatile Organic
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see
Sec.  63.14). You may assume 100 percent transfer efficiency for
electrodeposition primer coatings, glass bonding primers, and glass
bonding adhesives. For final repair coatings, you may assume 40 percent
transfer efficiency for air atomized spray and 55 percent transfer
efficiency for electrostatic spray and high volume, low pressure spray.
For blackout, chip resistant edge primer, interior color, inline
repair, lower body anti-chip coatings, or underbody anti-chip coatings,
you may assume 40 percent transfer efficiency for air atomized spray,
55 percent transfer efficiency for electrostatic spray and high volume-
low pressure spray, and 80 percent transfer efficiency for airless
spray.
* * * * *

0
5. Section 63.3165 is amended by:
0
a. Revising paragraph (e) introductory text, and
0
b. In Equation 6 of paragraph (e)(2), Equation 7 of paragraph (e)(3),
and Equation 8 of paragraph (e)(4) remove the text `Protocol for
Determining the Daily Volatile Organic Compound Emission Rate of
Automobile and Light-Duty Truck Topcoat Operations, EPA-450/3-88-018'',
and add, in its place, the text ``Protocol for Determining the Daily
Volatile Organic Compound Emission Rate of Automobile and Light-Duty
Truck Primer-Surfacer and Topcoat, EPA-453/R-08-002''.
    The revision reads as follows:

Sec.  63.3165   How do I determine the emission capture system
efficiency?

* * * * *
    (e) Panel testing to determine the capture efficiency of flash-off
or bake oven emissions. You may conduct panel testing to determine the
capture efficiency of flash-off or bake oven emissions using ASTM
Method D5087-02, ``Standard Test Method for Determining Amount of
Volatile Organic Compound (VOC) Released from Solventborne Automotive
Coatings and Available for Removal in a VOC Control Device
(Abatement)'' (incorporated by reference, see Sec.  63.14), ASTM Method
D6266-00a (2017), ``Test Method for Determining the Amount of Volatile
Organic Compound (VOC) Released from Waterborne Automotive Coatings and
Available for Removal in a VOC Control Device (Abatement)''
(incorporated by reference, see Sec.  63.14), or the guidelines
presented in ``Protocol for Determining the Daily Volatile Organic
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see
Sec.  63.14). You may conduct panel testing on representative coatings
as described in ``Protocol for Determining the Daily Volatile Organic
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see
Sec.  63.14).
* * * * *

0
6. Amend Appendix A to subpart IIII of part 63 by:
0
a. Revising paragraphs 2.1 and 2.2 of section 2.0, and
0
b. In section 4.0:
0
i. Revising paragraph 4.1; and
0
ii. In section 4.2 Equation A-4, remove the text ``Protocol for
Determining the Daily Volatile Organic Compound Emission Rate of
Automobile and Light-Duty Truck Topcoat Operations, EPA-450/3-88-018'',
and add, in its place, the text ``Protocol for Determining the Daily
Volatile Organic Compound Emission Rate of Automobile and Light-Duty
Truck Primer-Surfacer and Topcoat,EPA-453/R-08-002''.
    The revisions read as follows:

Appendix A to Subpart IIII of Part 63--Determination of Capture
Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions
From Solvent-Borne Coatings Using Panel Testing

* * * * *
    2.1 You may conduct panel testing to determine the capture
efficiency of spray booth emissions. You must follow the
instructions and calculations in this appendix A, and use the panel
testing procedures in ASTM Method D5087-02, ``Standard Test Method
for Determining Amount of Volatile Organic Compound (VOC) Released
from Solvent-borne Automotive Coatings and Available for Removal in
a VOC Control Device (Abatement)'' (incorporated by reference, see
Sec.  63.14), or the guidelines presented in ``Protocol for
Determining the Daily Volatile Organic Compound Emission Rate of
Automobile and Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-
453/R-08-002 (incorporated by reference, see Sec.  63.14). You must
weigh panels at the points described in section 2.5 of this appendix
A and perform calculations as described in sections 3 and 4 of this
appendix A. You may conduct panel tests on the production paint line
in your facility or in a laboratory simulation of the production
paint line in your facility.
    2.2 You may conduct panel testing on representative coatings as
described in ``Protocol for Determining the Daily Volatile Organic
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference,
see Sec.  63.14). If you panel test representative coatings, then
you may calculate either a unique percent

capture efficiency value for each coating grouped with that
representative coating, or a composite percent capture efficiency
value for the group of coatings. If you panel test each coating,
then you must convert the panel test result for each coating to a
unique percent capture efficiency value for that coating.
* * * * *
    4.1 If you panel test representative coatings, then you may
convert the panel test result for each representative coating from
section 3.3 of this appendix A either to a unique percent capture
efficiency value for each coating grouped with that representative
coating by using coating specific values for the mass fraction
coating solids and mass fraction VOC in section 4.2 of this appendix
A, or to a composite percent capture efficiency value for the group
of coatings by using the average values for the group of coatings
for mass fraction coating solids and mass fraction VOC in section
4.2 of this appendix A. If you panel test each coating, then you
must convert the panel test result for each coating to a unique
percent capture efficiency value by using coating specific values
for the mass fraction coating solids and mass fraction VOC in
section 4.2 of this appendix A. The mass fraction of VOC in the
coating and the mass fraction of solids in the coating must be
determined by Method 24 (appendix A-7 to 40 CFR part 60) or by
following the guidelines for combining analytical VOC content and
formulation solvent content presented in ``Protocol for Determining
the Daily Volatile Organic Compound Emission Rate of Automobile and
Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-453/R-08-002
(incorporated by reference, see Sec.  63.14).
* * * * *

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

0
7. Section 63.3541 is amended by revising paragraph (h) to read as
follows:

Sec.  63.3541   How do I demonstrate initial compliance?

* * * * *
    (h) Calculate the organic HAP emission reduction for each
controlled coating operation not using liquid-liquid material balances.
For each controlled coating operation using an emission capture system
and add-on control device, other than a solvent recovery system for
which you conduct liquid-liquid material balances, calculate the
organic HAP emission reduction, using Equation 1 of this section. The
calculation applies the emission capture system efficiency and add-on
control device efficiency to the mass of organic HAP contained in the
coatings and thinners that are used in the coating operation served by
the emission capture system and add-on control device during each
month. For any period of time a deviation specified in Sec.  63.3542(c)
or (d) occurs in the controlled coating operation, you must assume zero
efficiency for the emission capture system and add-on control device,
unless you have other data indicating the actual efficiency of the
emission capture system and add-on control device, and the use of these
data has been approved by the Administrator. Equation 1 of this section
treats the materials used during such a deviation as if they were used
on an uncontrolled coating operation for the time period of the
deviation.
[GRAPHIC] [TIFF OMITTED] TR18NO21.081

Where:

Hc = Mass of organic HAP emission reduction for the
controlled coating operation during the month, kg.
Ac = Total mass of organic HAP in the coatings used in
the controlled coating operation during the month, kg, as calculated
in Equation 1A of this section.
Bc = Total mass of organic HAP in the thinners used in
the controlled coating operation during the month, kg, as calculated
in Equation 1B of this section.
Hunc = Total mass of organic HAP in the coatings and
thinners used during all deviations specified in Sec.  63.3542(c)
and (d) that occurred during the month in the controlled coating
operation, kg, as calculated in Equation 1C of this section.
CE = Capture efficiency of the emission capture system vented to the
add-on control device, percent. Use the test methods and procedures
specified in Sec. Sec.  63.3543 and 63.3544 to measure and record
capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on
control device, percent. Use the test methods and procedures in
Sec. Sec.  63.3543 and 63.3545 to measure and record the organic HAP
destruction or removal efficiency.
* * * * *

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

0
8. Table 8 to subpart VVVV of part 63 is revised to read as follows:

Table 8 to Subpart VVVV of Part 63--Applicability of General Provisions
(40 CFR Part 63, Subpart A) to Subpart VVVV

    As specified in Sec.  63.5773, you must comply with the applicable
requirements of the General Provisions according to the following
table:

----------------------------------------------------------------------------------------------------------------
                Citation                       Requirement       Applies to  subpart VVVV       Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)..........................  General Applicability  Yes.                      .....................
Sec.   63.1(b)..........................  Initial Applicability  Yes.                      .....................
                                           Determination.
Sec.   63.1(c)(1).......................  Applicability After    Yes.                      .....................
                                           Standard Established.
Sec.   63.1(c)(2).......................  .....................  Yes.....................  Area sources are not
                                                                                regulated by subpart
                                                                                VVVV.
Sec.   63.1(c)(3).......................  .....................  No......................  [Reserved].
Sec.   63.1(c)(4)-(5)...................  .....................  Yes.                      .....................
Sec.   63.1(d)..........................  .....................  No......................  [Reserved].
Sec.   63.1(e)..........................  Applicability of       Yes.                      .....................
                                           Permit Program.
Sec.   63.2.............................  Definitions..........  Yes.....................  Additional
                                                                                definitions are
                                                                                found in Sec.
                                                                                63.5779.
Sec.   63.3.............................  Units and              Yes.                      .....................
                                           Abbreviations.
Sec.   63.4(a)..........................  Prohibited Activities  Yes.                      .....................
Sec.   63.4(b)-(c)......................  Circumvention/         Yes.                      .....................
                                           Severability.
Sec.   63.5(a)..........................  Construction/          Yes.                      .....................
                                           Reconstruction.
Sec.   63.5(b)..........................  Requirements for       Yes.                      .....................
                                           Existing, Newly
                                           Constructed, and
                                           Reconstructed
                                           Sources.

Sec.   63.5(c)..........................  .....................  No......................  [Reserved].
Sec.   63.5(d)..........................  Application for        Yes.                      .....................
                                           Approval of
                                           Construction/
                                           Reconstruction.
Sec.   63.5(e)..........................  Approval of            Yes.                      .....................
                                           Construction/
                                           Reconstruction.
Sec.   63.5(f)..........................  Approval of            Yes.                      .....................
                                           Construction/
                                           Reconstruction Based
                                           on prior State
                                           Review.
Sec.   63.6(a)..........................  Compliance with        Yes.                      .....................
                                           Standards and
                                           Maintenance
                                           Requirements--Applic
                                           ability.
Sec.   63.6(b)..........................  Compliance Dates for   Yes.....................  Sec.   63.695
                                           New and                                          specifies compliance
                                           Reconstructed                                    dates, including the
                                           Sources.                                         compliance date for
                                                                                new area sources
                                                                                that become major
                                                                                sources after the
                                                                                effective date of
                                                                                the rule.
Sec.   63.6(c)..........................  Compliance Dates for   Yes.....................  Sec.   63.5695
                                           Existing Sources.                                specifies compliance
                                                                                dates, including the
                                                                                compliance date for
                                                                                existing area
                                                                                sources that become
                                                                                major sources after
                                                                                the effective date
                                                                                of the rule.
Sec.   63.6(d)..........................  .....................  No......................  [Reserved].
Sec.   63.6(e)(1)-(2)...................  Operation and          No......................  Operating
                                           Maintenance                                      requirements for
                                           Requirements.                                    open molding
                                                                                operations with add-
                                                                                on controls are
                                                                                specified in Sec.
                                                                                63.5725.
Sec.   63.6(e)(3).......................  Startup, Shut Down,    No......................  Only sources with add-
                                           and Malfunction                                  on controls must
                                           Plans.                                           complete startup,
                                                                                shutdown, and
                                                                                malfunction plans.
Sec.   63.6(f)(1).......................  .....................  No.                       .....................
Sec.   63.6(f)(2)-(3)...................  Compliance with        Yes.                      .....................
                                           Nonopacity Emission
                                           Standards.
Sec.   63.6(g)..........................  Use of an Alternative  Yes.                      .....................
                                           Nonopacity Emission
                                           Standard.
Sec.   63.6(h)..........................  Compliance with        No......................  Subpart VVVV does not
                                           Opacity/Visible                                  specify opacity or
                                           Emissions Standards.                             visible emission
                                                                                standards.
Sec.   63.6(i)..........................  Extension of           Yes.                      .....................
                                           Compliance with
                                           Emission Standards.
Sec.   63.6(j)..........................  Exemption from         Yes.                      .....................
                                           Compliance with
                                           Emission Standards.
Sec.   63.7(a)(1).......................  Performance Test       Yes.                      .....................
                                           Requirements.
Sec.   63.7(a)(2).......................  Dates for performance  No......................  Sec.   63.5716
                                           tests.                                           specifies
                                                                                performance test
                                                                                dates.
Sec.   63.7(a)(3).......................  Performance testing    Yes.                      .....................
                                           at other times.
Sec.   63.7(b)-(h)......................  Other performance      Yes.                      .....................
                                           testing requirements.
Sec.   63.8(a)(1)-(2)...................  Monitoring             Yes.....................  All of Sec.   63.8
                                           Requirements--Applic                             applies only to
                                           ability.                                         sources with add-on
                                                                                controls. Additional
                                                                                monitoring
                                                                                requirements for
                                                                                sources with add-on
                                                                                controls are found
                                                                                in Sec.   63.5725.
Sec.   63.8(a)(3).......................  .....................  No......................  [Reserved].
Sec.   63.8(a)(4).......................  .....................  No......................  Subpart VVVV does not
                                                                                refer directly or
                                                                                indirectly to Sec.
                                                                                63.11.
Sec.   63.8(b)(1).......................  Conduct of Monitoring  Yes.                      .....................
Sec.   63.8(b)(2)-(3)...................  Multiple Effluents     Yes.....................  Applies to sources
                                           and CMS.                                         that use a CMS on
                                                                                the control device
                                                                                stack.
Sec.   63.8(c)(1)(i) and (iii)..........  CMS Operation and      No......................  References to
                                           Maintenance.                                     startup, shutdown,
                                                                                malfunction are not
                                                                                applicable.
Sec.   63.8(c)(1)-(4)...................  CMS Operation and      Yes.....................  Except those
                                           Maintenance.                                     provisions in Sec.
                                                                                63.8(c)(1)(i) and
                                                                                (iii) as noted
                                                                                above.
Sec.   63.8(c)(5).......................  Continuous Opacity     No......................  Subpart VVVV does not
                                           Monitoring Systems                               have opacity or
                                           (COMS).                                          visible emission
                                                                                standards.
Sec.   63.8(c)(6)-(8)...................  CMS Calibration        Yes.                      .....................
                                           Checks and Out-of-
                                           Control Periods.
Sec.   63.8(d)..........................  Quality Control        Yes.....................  Except those
                                           Program.                                         provisions of Sec.
                                                                                63.8(d)(3) regarding
                                                                                a startup, shutdown,
                                                                                malfunction plan as
                                                                                noted below.
Sec.   63.8(d)(3).......................  Quality Control        No......................  No requirement for a
                                           Program.                                         startup, shutdown,
                                                                                malfunction plan.
Sec.   63.8(e)..........................  CMS Performance        Yes.                      .....................
                                           Evaluation.
Sec.   63.8(f)(1)-(5)...................  Use of an Alternative  Yes.                      .....................
                                           Monitoring Method.
Sec.   63.8(f)(6).......................  Alternative to         Yes.....................  Applies only to
                                           Relative Accuracy                                sources that use
                                           Test.                                            continuous emission
                                                                                monitoring systems
                                                                                (CEMS).
Sec.   63.8(g)..........................  Data Reduction.......  Yes.                      .....................
Sec.   63.9(a)..........................  Notification           Yes.                      .....................
                                           Requirements--Applic
                                           ability.
Sec.   63.9(b)..........................  Initial Notifications  Yes.                      .....................
Sec.   63.9(c)..........................  Request for            Yes.                      .....................
                                           Compliance Extension.
Sec.   63.9(d)..........................  Notification That a    Yes.                      .....................
                                           New Source Is
                                           Subject to Special
                                           Compliance
                                           Requirements.
Sec.   63.9(e)..........................  Notification of        Yes.....................  Applies only to
                                           Performance Test.                                sources with add-on
                                                                                controls.

Sec.   63.9(f)..........................  Notification of        No......................  Subpart VVVV does not
                                           Visible Emissions/                               have opacity or
                                           Opacity Test.                                    visible emission
                                                                                standards.
Sec.   63.9(g)(1).......................  Additional CMS         Yes.....................  Applies only to
                                           Notifications--Date                              sources with add-on
                                           of CMS Performance                               controls.
                                           Evaluation.
Sec.   63.9(g)(2).......................  Use of COMS Data.....  No......................  Subpart VVVV does not
                                                                                require the use of
                                                                                COMS.
Sec.   63.9(g)(3).......................  Alternative to         Yes.....................  Applies only to
                                           Relative Accuracy                                sources with CEMS.
                                           Testing.
Sec.   63.9(h)..........................  Notification of        Yes.                      .....................
                                           Compliance Status.
Sec.   63.9(i)..........................  Adjustment of          Yes.                      .....................
                                           Deadlines.
Sec.   63.9(j)..........................  Change in Previous     Yes.                      .....................
                                           Information.
Sec.   63.10(a).........................  Recordkeeping/         Yes.                      .....................
                                           Reporting--Applicabi
                                           lity.
Sec.   63.10(b)(1)......................  General Recordkeeping  Yes.....................  Sec.  Sec.   63.567
                                           Requirements.                                    and 63.5770 specify
                                                                                additional
                                                                                recordkeeping
                                                                                requirements.
Sec.   63.10(b)(2)(i), (iii), (vi)-(xiv)  General Recordkeeping  Yes.                      .....................
                                           Requirements.
Sec.   63.10(b)(2)(ii), (iv), (v).......  Recordkeeping          No.                       .....................
                                           Relevant to Startup,
                                           Shutdown, and
                                           Malfunction Periods.
Sec.   63.10(b)(3)......................  Recordkeeping          Yes.....................  Sec.   63.5686
                                           Requirements for                                 specifies
                                           Applicability                                    applicability
                                           Determinations.                                  determinations for
                                                                                non-major sources.
Sec.   63.10(c)(1)-(14).................  Additional             Yes.....................  Applies only to
                                           Recordkeeping for                                sources with add-on
                                           Sources with CMS.                                controls.
Sec.   63.10(c)(15).....................  Additional             No......................  No requirement for a
                                           Recordkeeping for                                startup, shutdown,
                                           Sources with CMS.                                malfunction plan.
Sec.   63.10(d)(1)......................  General Reporting      Yes.....................  Sec.   63.5764
                                           Requirements.                                    specifies additional
                                                                                reporting
                                                                                requirements.
Sec.   63.10(d)(2)......................  Performance Test       Yes.....................  Sec.   63.5764
                                           Results.                                         specifies additional
                                                                                requirements for
                                                                                reporting
                                                                                performance test
                                                                                results.
Sec.   63.10(d)(3)......................  Opacity or Visible     No......................  Subpart VVVV does not
                                           Emissions                                        specify opacity or
                                           Observations.                                    visible emission
                                                                                standards.
Sec.   63.10(d)(4)......................  Progress Reports for   Yes.                      .....................
                                           Sources with
                                           Compliance
                                           Extensions.
Sec.   63.10(d)(5)......................  Startup, Shutdown,     No......................  Applies only to
                                           and Malfunction                                  sources with add-on
                                           Reports.                                         controls.
Sec.   63.10(e)(1)......................  Additional CMS         Yes.....................  Applies only to
                                           Reports--General.                                sources with add-on
                                                                                controls.
Sec.   63.10(e)(2)......................  Reporting Results of   Yes.....................  Applies only to
                                           CMS Performance                                  sources with add-on
                                           Evaluations.                                     controls.
Sec.   63.10(e)(3)......................  Excess Emissions/CMS   Yes.....................  Applies only to
                                           Performance Reports.                             sources with add-on
                                                                                controls.
Sec.   63.10(e)(4)......................  COMS Data Reports....  No......................  Subpart VVVV does not
                                                                                specify opacity or
                                                                                visible emission
                                                                                standards.
Sec.   63.10(f).........................  Recordkeeping/         Yes.                      .....................
                                           Reporting Waiver.
Sec.   63.11............................  Control Device         No......................  Facilities subject to
                                           Requirements--Applic                             subpart VVVV do not
                                           ability.                                         use flares as
                                                                                control devices.
Sec.   63.12............................  State Authority and    Yes.....................  Sec.   63.5776 lists
                                           Delegations.                                     those sections of
                                                                                subpart A that are
                                                                                not delegated.
Sec.   63.13............................  Addresses............  Yes.                      .....................
Sec.   63.14............................  Incorporation by       Yes.                      .....................
                                           Reference.
Sec.   63.15............................  Availability of        Yes.                      .....................
                                           Information/
                                           Confidentiality.
----------------------------------------------------------------------------------------------------------------

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

0
9. Section 63.8635 is amended by revising (g)(1) to read as follows:

Sec.  63.8635   What reports must I submit and when?

* * * * *
    (g) * * *
    (1) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test, you must submit the
results of the performance test to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).)
Performance test data must be submitted in a file format generated
through the use of the EPA's ERT or an alternate electronic file format
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT website. If you claim that some of the performance test
information being submitted is confidential business information (CBI),
you must submit a complete file generated through the use of the EPA's
ERT or an alternate electronic file consistent with the XML schema
listed on the EPA's ERT website, including information claimed to be
CBI, on a compact disc, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT or alternate file with the CBI omitted
must be submitted to the EPA via the EPA's CDX as described earlier in
this paragraph (g)(1).
* * * * *

0
10. Table 2 to subpart KKKKK of part 63 is revised to read as follows:

Table 2 to Subpart KKKKK of Part 63--Operating Limits

    As stated in Sec.  63.8555, you must meet each operating limit in
the following table that applies to you:

----------------------------------------------------------------------------------------------------------------
            For each . . .                           You must . . .                      Or you must . . .
----------------------------------------------------------------------------------------------------------------
1. Tunnel or roller kiln equipped with  a. If you use a bag leak detection        i. Maintain no VE from the
 a DIFF or DLS/FF..                      system, initiate corrective action        DIFF or DLS/FF stack; or
                                         within 1 hour of a bag leak detection    ii. Maintain your kiln
                                         system alarm and complete corrective      operating temperature within
                                         actions in accordance with your OM&M      the range of acceptable
                                         plan; operate and maintain the fabric     temperatures (i.e.,
                                         filter such that the alarm is not         temperature profile)
                                         engaged for more than 5 percent of the    established for each kiln and
                                         total operating time in a 6-month block   product.
                                         reporting period; and
                                        b. Maintain free-flowing lime in the
                                         feed hopper or silo and to the APCD at
                                         all times for continuous injection
                                         systems; maintain the feeder setting
                                         (on a per ton of throughput basis) at
                                         or above the level established during
                                         the performance test for continuous
                                         injection systems in which compliance
                                         was demonstrated..
2. Tunnel or roller kiln equipped with  a. Maintain the average scrubber liquid
 a WS..                                  pH for each 3-hour block period at or
                                         above the average scrubber liquid pH
                                         established during the HF/HCl
                                         performance test in which compliance
                                         was demonstrated; and
                                        b. Maintain the average scrubber liquid
                                         flow rate for each 3-hour block period
                                         at or above the highest average
                                         scrubber liquid flow rate established
                                         during the HF/HCl and PM performance
                                         tests in which compliance was
                                         demonstrated..
3. Tunnel or roller kiln equipped with  Maintain the 3-hour block average carbon
 an ACI system..                         flow rate at or above the highest
                                         average carbon flow rate established
                                         during the Hg and dioxin/furan
                                         performance tests in which compliance
                                         was demonstrated.
4. Tunnel or roller kiln intending to   Maintain the average operating
 comply with dioxin/furan emission       temperature for each 12-hour block
 limit without an ACI system.            period at or below the highest
                                         operating temperature established
                                         during the dioxin/furan performance
                                         test in which compliance was
                                         demonstrated
5. Tunnel or roller kiln with no add-   a. Maintain no VE from the stack; and     i. Maintain your kiln
 on control.                            b. Maintain the kiln process rate at or    operating temperature within
                                         below the kiln process rate determined    the range of acceptable
                                         according to Sec.   63.8595(g)(1) if      temperatures (i.e.,
                                         your total facility maximum potential     temperature profile)
                                         HCl-equivalent emissions are greater      established for each kiln and
                                         than the HCl-equivalent limit in Table    product.
                                         1 to this subpart; and.
                                        c. Maintain the average operating
                                         temperature for each 12-hour block
                                         period at or below the highest
                                         operating temperature established
                                         during the dioxin/furan performance
                                         test in which compliance was
                                         demonstrated..
6. Glaze spray operation equipped with  a. If you use a bag leak detection        i. Maintain no VE from the FF
 a FF.                                   system, initiate corrective action        stack.
                                         within 1 hour of a bag leak detection
                                         system alarm and complete corrective
                                         actions in accordance with your OM&M
                                         plan; operate and maintain the fabric
                                         filter such that the alarm is not
                                         engaged for more than 5 percent of the
                                         total operating time in a 6-month block
                                         reporting period.
7. Glaze spray operation equipped with  a. Maintain the average scrubber
 a WS..                                  pressure drop for each 3-hour block
                                         period at or above the average pressure
                                         drop established during the PM
                                         performance test in which compliance
                                         was demonstrated; and
                                        b. Maintain the average scrubber liquid
                                         flow rate for each 3-hour block period
                                         at or above the average scrubber liquid
                                         flow rate established during the PM
                                         performance test in which compliance
                                         was demonstrated..
8. Glaze spray operation equipped with  a. Conduct daily inspections to verify
 a water curtain..                       the presence of water flow to the wet
                                         control system; and
                                        b. Conduct annual inspections of the
                                         interior of the control equipment (if
                                         applicable) to determine the structural
                                         integrity and condition of the control
                                         equipment..
9. Glaze spray operation equipped with  Conduct an annual visual inspection of
 baffles.                                the baffles to confirm the baffles are
                                         in place.
10. Spray dryer.......................  Maintain the average operating
                                         temperature for each 4-hour block
                                         period at or above the average
                                         temperature established during the
                                         dioxin/furan performance test in which
                                         compliance was demonstrated.
11. Floor tile press dryer............  Maintain the average operating
                                         temperature for each 4-hour block
                                         period at or below the average
                                         temperature established during the
                                         dioxin/furan performance test in which
                                         compliance was demonstrated.
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[FR Doc. 2021-24099 Filed 11-18-21; 8:45 am]
BILLING CODE 6560-50-P