use this information in subsequent permit renewal proceedings to
determine if your Design and Construction Technology Plan as required
in Sec.  125.86(b)(4) or Sec.  125.136(b)(3) of this chapter should be
revised. This supporting information must include existing data (if
they are available). However, you may supplement the data using newly
conducted field studies if you choose to do so. The information you
submit must include:
* * * * *

0
5. Section 122.44 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  122.44  Establishing limitations, standards, and other permit
conditions (applicable to State NPDES programs, see Sec.  123.25).

* * * * *
    (b) * * *
    (3) Requirements applicable to cooling water intake structures
under section 316(b) of the CWA, in accordance with part 125, subparts
I, J, and N of this chapter.
* * * * *

PART 123--STATE PROGRAM REQUIREMENTS

0
6. The authority citation for part 123 continues to read as follows:

    Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.

0
7. Section 123.25 is amended by revising paragraph (a)(36) to read as
follows:

Sec.  123.25  Requirements for permitting.

    (a) * * *
    (36) Subparts A, B, D, H, I, J, and N of part 125 of this chapter;
* * * * *

PART 124--PROCEDURES FOR DECISIONMAKING

0
8. The authority citation for part 124 continues to read as follows:

    Authority: Resource Conservation and Recovery Act, 42 U.S.C.
6901 et seq.; Safe Drinking Water Act, 42 U.S.C. 300f et seq.; Clean
Water Act, 33 U.S.C. 1251 et seq.; Clean Air Act, 42 U.S.C. 7401 et
seq.

0
9. Section 124.10 is amended by revising paragraph (d)(1)(ix) to read
as follows:

Sec.  124.10  Public notice of permit actions and public comment
period.

* * * * *
    (d) * * *
    (1) * * *
    (ix) Requirements applicable to cooling water intake structures
under section 316(b) of the CWA, in accordance with part 125, subparts
I , J, and N of this chapter.
* * * * *

PART 125--CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM

0
10. The authority citation for part 125 continues to read as follows:

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.; unless
otherwise noted.

0
11. In Sec.  125.93 revise the definition of ``existing facility'' to
read as follows:

Sec.  125.93  What special definitions apply to this subpart?

* * * * *
    Existing facility means any facility that commenced construction as
described in 40 CFR 122.29(b)(4) on or before January 17, 2002 or July
17, 2006 for an offshore oil and gas extraction facility); and any
modification of, or any addition of a unit at such a facility that does
not meet the definition of a new facility at Sec.  125.83.
* * * * *

0
12. Add subpart N to part 125 to read as follows:

Subpart N--Requirements Applicable to Cooling Water Intake
Structures for New Offshore Oil and Gas Extraction Facilities Under
Section 316(b) of the Act

Sec.
125.130 What are the purpose and scope of this subpart?
125.131 Who is subject to this subpart?
125.132 When must I comply with this subpart?
125.133 What special definitions apply to this subpart?
125.134 As an owner or operator of a new offshore oil and gas
extraction facility, what must I do to comply with this subpart?
125.135 May alternative requirements be authorized?
125.136 As an owner or operator of a new offshore oil and gas
extraction facility, what must I collect and submit when I apply for
my new or reissued NPDES permit?
125.137 As an owner or operator of a new offshore oil and gas
extraction facility, must I perform monitoring?
125.138 As an owner or operator of a new offshore oil and gas
extraction facility, must I keep records and report?
125.139 As the Director, what must I do to comply with the
requirements of this subpart?

Subpart N--Requirements Applicable to Cooling Water Intake
Structures for New Offshore Oil and Gas Extraction Facilities Under
Section 316(b) of the Act

Sec.  125.130  What are the purpose and scope of this subpart?

    (a) This subpart establishes requirements that apply to the
location, design, construction, and capacity of cooling water intake
structures at new offshore oil and gas extraction facilities. The
purpose of these requirements is to establish the best technology
available for minimizing adverse environmental

impact associated with the use of cooling water intake structures at
these facilities. These requirements are implemented through National
Pollutant Discharge Elimination System (NPDES) permits issued under
section 402 of the Clean Water Act (CWA).
    (b) This subpart implements section 316(b) of the CWA for new
offshore oil and gas extraction facilities. Section 316(b) of the CWA
provides that any standard established pursuant to sections 301 or 306
of the CWA and applicable to a point source shall require that the
location, design, construction, and capacity of cooling water intake
structures reflect the best technology available for minimizing adverse
environmental impact.
    (c) New offshore oil and gas extraction facilities that do not meet
the threshold requirements regarding amount of water withdrawn or
percentage of water withdrawn for cooling water purposes in Sec.
125.131(a) must meet requirements determined by the Director on a case-
by-case, best professional judgement (BPJ) basis.
    (d) Nothing in this subpart shall be construed to preclude or deny
the right of any State or political subdivision of a State or any
interstate agency under section 510 of the CWA to adopt or enforce any
requirement with respect to control or abatement of pollution that is
more stringent than those required by Federal law.

Sec.  125.131  Who is subject to this subpart?

    (a) This subpart applies to a new offshore oil and gas extraction
facility if it meets all of the following criteria:
    (1) It is a point source that uses or proposes to use a cooling
water intake structure;
    (2) It has at least one cooling water intake structure that uses at
least 25 percent of the water it withdraws for cooling purposes as
specified in paragraph (c) of this section; and
    (3) It has a design intake flow greater than two (2) million
gallons per day (MGD).
    (b) Use of a cooling water intake structure includes obtaining
cooling water by any sort of contract or arrangement with an
independent supplier (or multiple suppliers) of cooling water if the
supplier or suppliers withdraw(s) water from waters of the United
States. Use of cooling water does not include obtaining cooling water
from a public water system or the use of treated effluent that
otherwise would be discharged to a water of the U.S.
    (c) The threshold requirement that at least 25 percent of water
withdrawn be used for cooling purposes must be measured on an average
monthly basis. A new offshore oil and gas extraction facility meets the
25 percent cooling water threshold if, based on the new facility's
design, any monthly average over a year for the percentage of cooling
water withdrawn is expected to equal or exceed 25 percent of the total
water withdrawn.
    (d) Neither this subpart nor Subpart I of this part applies to
seafood processing vessels or offshore liquefied natural gas import
terminals that are new facilities as defined in 40 CFR 125.83. Seafood
processing vessels and offshore liquefied natural gas import terminals
must meet requirements established by the Director on a case-by-case,
best professional judgment (BPJ) basis.

Sec.  125.132  When must I comply with this subpart?

    You must comply with this subpart when an NPDES permit containing
requirements consistent with this subpart is issued to you.

Sec.  125.133  What special definitions apply to this subpart?

    In addition to the definitions set forth at 40 CFR 125.83, the
following special definitions apply to this subpart:
    Cooling water means water used for contact or noncontact cooling,
including water used for equipment cooling, evaporative cooling tower
makeup, and dilution of effluent heat content. The intended use of the
cooling water is to absorb waste heat rejected from the process or
processes used, or from auxiliary operations on the facility's
premises. Cooling water that is used in another industrial process
either before or after it is used for cooling is considered process
water rather than cooling water for the purposes of calculating the
percentage of a new offshore oil and gas extraction facility's intake
flow that is used for cooling purposes in Sec.  125.131(c).
    Fixed facility means a bottom founded offshore oil and gas
extraction facility permanently attached to the seabed or subsoil of
the outer continental shelf (e.g., platforms, guyed towers, articulated
gravity platforms) or a buoyant facility securely and substantially
moored so that it cannot be moved without a special effort (e.g.,
tension leg platforms, permanently moored semi-submersibles) and which
is not intended to be moved during the production life of the well.
This definition does not include mobile offshore drilling units (MODUs)
(e.g., drill ships, temporarily moored semi-submersibles, jack-ups,
submersibles, tender-assisted rigs, and drill barges).
    Minimum ambient source water surface elevation means the mean low
tidal water level for estuaries or oceans. The mean low tidal water
level is the average height of the low water over at least 19 years.
    New offshore oil and gas extraction facility means any building,
structure, facility, or installation that: meets the definition of a
``new facility'' at 40 CFR 125.83; and is regulated by the Offshore or
Coastal Subcategories of the Oil and Gas Extraction Point Source
Category Effluent Guidelines in 40 CFR 435.10 or 40 CFR 435.40; but
only if it commences construction after July 17, 2006.
    Offshore liquefied natural gas (LNG) import terminal means any
facility located in waters defined in 40 CFR 435.10 or 40 CFR 435.40
that liquefies, re-gasifies, transfers, or stores liquefied natural
gas.
    Sea chest means the underwater compartment or cavity within the
facility or vessel hull or pontoon through which sea water is drawn in
(for cooling and other purposes) or discharged.
    Seafood processing vessel means any offshore or nearshore,
floating, mobile, facility engaged in the processing of fresh, frozen,
canned, smoked, salted or pickled seafood, seafood paste, mince, or
meal.

Sec.  125.134  As an owner or operator of a new offshore oil and gas
extraction facility, what must I do to comply with this subpart?

    (a)(1) The owner or operator of a new offshore oil and gas
extraction facility must comply with:
    (i) Track I in paragraph (b) or Track II in paragraph (c) of this
section, if it is a fixed facility; or
    (ii) Track I in paragraph (b) of this section, if it is not a fixed
facility.
    (2) In addition to meeting the requirements in paragraph (b) or (c)
of this section, the owner or operator of a new offshore oil and gas
extraction facility may be required to comply with paragraph (d) of
this section.
    (b) Track I requirements for new offshore oil and gas extraction
facilities. (1)(i) New offshore oil and gas extraction facilities that
do not employ sea chests as cooling water intake structures and are
fixed facilities must comply with all of the requirements in paragraphs
(b)(2) through (8) of this section.
    (ii) New offshore oil and gas extraction facilities that employ sea
chests as cooling water intake structures and are fixed facilities must
comply with the requirements in paragraphs (b)(2), (3), (4), (6), (7),
and (8) of this section.
    (iii) New offshore oil and gas extraction facilities that are not
fixed

facilities must comply with the requirements in paragraphs (b)(2), (4),
(6), (7), and (8) of this section.
    (2) You must design and construct each cooling water intake
structure at your facility to a maximum through-screen design intake
velocity of 0.5 ft/s;
    (3) For cooling water intake structures located in an estuary or
tidal river, the total design intake flow over one tidal cycle of ebb
and flow must be no greater than one (1) percent of the volume of the
water column within the area centered about the opening of the intake
with a diameter defined by the distance of one tidal excursion at the
mean low water level;
    (4) You must select and implement design and construction
technologies or operational measures for minimizing impingement
mortality of fish and shellfish if the Director determines that:
    (i) There are threatened or endangered or otherwise protected
federal, state, or tribal species, or critical habitat for these
species, within the hydraulic zone of influence of the cooling water
intake structure; or
    (ii) Based on information submitted by any fishery management
agency(ies) or other relevant information, there are migratory and/or
sport or commercial species of impingement concern to the Director that
pass through the hydraulic zone of influence of the cooling water
intake structure; or
    (iii) Based on information submitted by any fishery management
agency(ies) or other relevant information, that the proposed facility,
after meeting the technology-based performance requirements in
paragraphs (b)(2) and (5) of this section, would still contribute
unacceptable stress to the protected species, critical habitat of those
species, or species of concern;
    (5) You must select and implement design and construction
technologies or operational measures for minimizing entrainment of
entrainable life stages of fish and shellfish;
    (6) You must submit the applicable application information required
in 40 CFR 122.21(r) and Sec.  125.136(b). If you are a fixed facility
you must submit the information required in 40 CFR 122.21(r)(2) (except
(r)(2)(iv)), (3), and (4) and Sec.  125.136(b) of this subpart as part
of your application. If you are a not a fixed facility, you must only
submit the information required in 40 CFR 122.21(r)(2)(iv), (r)(3)
(except (r)(3)(ii)) and Sec.  125.136(b) as part of your application.
    (7) You must implement the monitoring requirements specified in
Sec.  125.137; and
    (8) You must implement the recordkeeping requirements specified in
Sec.  125.138.
    (c) Track II requirements for new offshore oil and gas extraction
facilities. The owner or operator of a new offshore oil and gas
extraction facility that is a fixed facility and chooses to comply
under Track II must comply with the following requirements:
    (1) You must demonstrate to the Director that the technologies
employed will reduce the level of adverse environmental impact from
your cooling water intake structures to a comparable level to that
which you would achieve were you to implement the applicable
requirements of paragraph (b)(2) and, if your facility is a fixed
facility without a sea chest, also paragraph (b)(5) of this section.
This demonstration must include a showing that the impacts to fish and
shellfish, including important forage and predator species, will be
comparable to those which would result if you were to implement the
requirements of paragraph (b)(2) and, if your facility is a fixed
facility without a sea chest, also paragraph (b)(5) of this section. In
identifying such species, the Director may consider information
provided by any fishery management agency(ies) along with data and
information from other sources;
    (2) For cooling water intake structures located in an estuary or
tidal river, the total design intake flow over one tidal cycle of ebb
and flow must be no greater than one (1) percent of the volume of the
water column within the area centered about the opening of the intake
with a diameter defined by the distance of one tidal excursion at the
mean low water level;
    (3) You must submit the applicable information required in 40 CFR
122.21(r)(2) (except (r)(2)(iv)), (3) and (4) and Sec.  125.136(c);
    (4) You must implement the monitoring requirements specified in
Sec.  125.137;
    (5) You must implement the record-keeping requirements specified in
Sec.  125.138.
    (d) You must comply with any more stringent requirements relating
to the location, design, construction, and capacity of a cooling water
intake structure or monitoring requirements at a new offshore oil and
gas extraction facility that the Director deems are reasonably
necessary to comply with any provision of federal or state law,
including compliance with applicable state water quality standards
(including designated uses, criteria, and antidegradation
requirements).

Sec.  125.135  May alternative requirements be authorized?

    (a) Any interested person may request that alternative requirements
less stringent than those specified in Sec.  125.134(a) through (d) be
imposed in the permit. The Director may establish alternative
requirements less stringent than the requirements of Sec.  125.134(a)
through (d) only if:
    (1) There is an applicable requirement under Sec.  125.134(a)
through (d);
    (2) The Director determines that data specific to the facility
indicate that compliance with the requirement at issue would result in
compliance costs wholly out of proportion to the costs EPA considered
in establishing the requirement at issue or would result in significant
adverse impacts on local water resources other than impingement or
entrainment, or significant adverse impacts on energy markets;
    (3) The alternative requirement requested is no less stringent than
justified by the wholly out of proportion cost or the significant
adverse impacts on local water resources other than impingement or
entrainment, or significant adverse impacts on energy markets; and
    (4) The alternative requirement will ensure compliance with other
applicable provisions of the Clean Water Act and any applicable
requirement of federal or state law.
    (b) The burden is on the person requesting the alternative
requirement to demonstrate that alternative requirements should be
authorized.

Sec.  125.136  As an owner or operator of a new offshore oil and gas
extraction facility, what must I collect and submit when I apply for my
new or reissued NPDES permit?

    (a)(1) As an owner or operator of a new offshore oil and gas
extraction facility, you must submit to the Director a statement that
you intend to comply with either:
    (i) The Track I requirements for new offshore oil and gas
extraction facilities in Sec.  125.134(b); or
    (ii) If you are a fixed facility, you may choose to comply with the
Track II requirements in Sec.  125.134(c).
    (2) You must also submit the application information required by 40
CFR 122.21(r) and the information required in either paragraph (b) of
this section for Track I or, if you are a fixed facility that chooses
to comply under Track II, paragraph (c) of this section when you apply
for a new or reissued NPDES permit in accordance with 40 CFR 122.21.
    (b) Track I application requirements. To demonstrate compliance
with Track I requirements in Sec.  125.134(b), you must

collect and submit to the Director the information in paragraphs (b)(1)
through (3) of this section.
    (1) Velocity information. You must submit the following information
to the Director to demonstrate that you are complying with the
requirement to meet a maximum through-screen design intake velocity of
no more than 0.5 ft/s at each cooling water intake structure as
required in Sec.  125.134(b)(2):
    (i) A narrative description of the design, structure, equipment,
and operation used to meet the velocity requirement; and
    (ii) Design calculations showing that the velocity requirement will
be met at minimum ambient source water surface elevations (based on
best professional judgment using available hydrological data) and
maximum head loss across the screens or other device.
    (2) Source waterbody flow information. If you are a fixed facility
and your cooling water intake structure is located in an estuary or
tidal river, you must provide the mean low water tidal excursion
distance and any supporting documentation and engineering calculations
to show that your cooling water intake structure facility meets the
flow requirements in Sec.  125.134(b)(3).
    (3) Design and Construction Technology Plan. To comply with Sec.
125.134(b)(4) and/or (5), if applicable, you must submit to the
Director the following information in a Design and Construction
Technology Plan:
    (i) If the Director determines that additional impingement
requirements should be included in your permit:
    (A) Information to demonstrate whether or not you meet the criteria
in Sec.  125.134(b)(4);
    (B) Delineation of the hydraulic zone of influence for your cooling
water intake structure;
    (ii) New offshore oil and gas extraction facilities required to
install design and construction technologies and/or operational
measures must develop a plan explaining the technologies and measures
you have selected. (Examples of appropriate technologies include, but
are not limited to, increased opening to cooling water intake structure
to decrease design intake velocity, wedgewire screens, fixed screens,
velocity caps, location of cooling water intake opening in waterbody,
etc. Examples of appropriate operational measures include, but are not
limited to, seasonal shutdowns or reductions in flow, continuous
operations of screens, etc.) The plan must contain the following
information, if applicable:
    (A) A narrative description of the design and operation of the
design and construction technologies, including fish-handling and
return systems, that you will use to maximize the survival of those
species expected to be most susceptible to impingement. Provide
species-specific information that demonstrates the efficacy of the
technology;
    (B) To demonstrate compliance with Sec.  125.134(b)(5), if
applicable, a narrative description of the design and operation of the
design and construction technologies that you will use to minimize
entrainment of those species expected to be the most susceptible to
entrainment. Provide species-specific information that demonstrates the
efficacy of the technology; and
    (C) Design calculations, drawings, and estimates to support the
descriptions provided in paragraphs (b)(3)(ii)(A) and (B) of this
section.
    (c) Application requirements for Track II. If you are a fixed
facility and have chosen to comply with the requirements of Track II in
Sec.  125.134(c) you must collect and submit the following information:
    (1) Source waterbody flow information. If your cooling water intake
structure is located in an estuary or tidal river, you must provide the
mean low water tidal excursion distance and any supporting
documentation and engineering calculations to show that your cooling
water intake structure facility meets the flow requirements in Sec.
125.134(c)(2);
    (2) Track II Comprehensive Demonstration Study. You must perform
and submit the results of a Comprehensive Demonstration Study (Study).
This information is required to characterize the source water baseline
in the vicinity of the cooling water intake structure(s), characterize
operation of the cooling water intake(s), and to confirm that the
technology(ies) proposed and/or implemented at your cooling water
intake structure reduce the impacts to fish and shellfish to levels
comparable to those you would achieve were you to implement the
applicable requirements in Sec.  125.134(b).
    (i) To meet the ``comparable level'' requirement, you must
demonstrate that:
    (A) You have reduced impingement mortality of all life stages of
fish and shellfish to 90 percent or greater of the reduction that would
be achieved through the applicable requirements in Sec.  125.134(b)(2);
and
    (B) If you are a facility without sea chests, you have minimized
entrainment of entrainable life stages of fish and shellfish to 90
percent or greater of the reduction that would have been achieved
through the applicable requirements in Sec.  125.134(b)(5);
    (ii) You must develop and submit a plan to the Director containing
a proposal for how information will be collected to support the study.
The plan must include:
    (A) A description of the proposed and/or implemented
technology(ies) to be evaluated in the Study;
    (B) A list and description of any historical studies characterizing
the physical and biological conditions in the vicinity of the proposed
or actual intakes and their relevancy to the proposed Study. If you
propose to rely on existing source water body data, it must be no more
than 5 years old, you must demonstrate that the existing data are
sufficient to develop a scientifically valid estimate of potential
impingement mortality and (if applicable) entrainment impacts, and
provide documentation showing that the data were collected using
appropriate quality assurance/quality control procedures;
    (C) Any public participation or consultation with Federal or State
agencies undertaken in developing the plan; and
    (D) A sampling plan for data that will be collected using actual
field studies in the source water body. The sampling plan must document
all methods and quality assurance procedures for sampling and data
analysis. The sampling and data analysis methods you propose must be
appropriate for a quantitative survey and based on consideration of
methods used in other studies performed in the source water body. The
sampling plan must include a description of the study area (including
the area of influence of the cooling water intake structure and at
least 100 meters beyond); taxonomic identification of the sampled or
evaluated biological assemblages (including all life stages of fish and
shellfish); and sampling and data analysis methods; and
    (iii) You must submit documentation of the results of the Study to
the Director. Documentation of the results of the Study must include:
    (A) Source Water Biological Study. The Source Water Biological
Study must include:
    (1) A taxonomic identification and characterization of aquatic
biological resources including: A summary of historical and
contemporary aquatic biological resources; determination and
description of the target populations of concern (those species of fish
and shellfish and all life stages that are most susceptible to
impingement and entrainment); and a description of the

abundance and temporal/spatial characterization of the target
populations based on the collection of multiple years of data to
capture the seasonal and daily activities (e.g., spawning, feeding and
water column migration) of all life stages of fish and shellfish found
in the vicinity of the cooling water intake structure;
    (2) An identification of all threatened or endangered species that
might be susceptible to impingement and entrainment by the proposed
cooling water intake structure(s); and
    (3) A description of additional chemical, water quality, and other
anthropogenic stresses on the source waterbody.
    (B) Evaluation of potential cooling water intake structure effects.
This evaluation must include:
    (1) Calculations of the reduction in impingement mortality and, (if
applicable), entrainment of all life stages of fish and shellfish that
would need to be achieved by the technologies you have selected to
implement to meet requirements under Track II. To do this, you must
determine the reduction in impingement mortality and entrainment that
would be achieved by implementing the requirements of Sec.
125.134(b)(2) and, for facilities without sea chests, Sec.
125.134(b)(5) of Track I at your site.
    (2) An engineering estimate of efficacy for the proposed and/or
implemented technologies used to minimize impingement mortality and (if
applicable) entrainment of all life stages of fish and shellfish and
maximize survival of impinged life stages of fish and shellfish. You
must demonstrate that the technologies reduce impingement mortality and
(if applicable) entrainment of all life stages of fish and shellfish to
a comparable level to that which you would achieve were you to
implement the requirements in Sec.  125.134(b)(2) and, for facilities
without sea chests, Sec.  125.134(b)(5) of Track I. The efficacy
projection must include a site-specific evaluation of technology(ies)
suitability for reducing impingement mortality and (if applicable)
entrainment based on the results of the Source Water Biological Study
in paragraph (c)(2)(iii)(A) of this section. Efficacy estimates may be
determined based on case studies that have been conducted in the
vicinity of the cooling water intake structure and/or site-specific
technology prototype studies.
    (C) Verification monitoring plan. You must include in the Study a
plan to conduct, at a minimum, two years of monitoring to verify the
full-scale performance of the proposed or implemented technologies and/
or operational measures. The verification study must begin at the start
of operations of the cooling water intake structure and continue for a
sufficient period of time to demonstrate that the facility is reducing
the level of impingement mortality and (if applicable) entrainment to
the level documented in paragraph (c)(2)(iii)(B) of this section. The
plan must describe the frequency of monitoring and the parameters to be
monitored. The Director will use the verification monitoring to confirm
that you are meeting the level of impingement mortality and entrainment
reduction required in Sec.  125.134(c), and that the operation of the
technology has been optimized.

Sec.  125.137  As an owner or operator of a new offshore oil and gas
extraction facility, must I perform monitoring?

    As an owner or operator of a new offshore oil and gas extraction
facility, you will be required to perform monitoring to demonstrate
your compliance with the requirements specified in Sec.  125.134 or
alternative requirements under Sec.  125.135.
    (a) Biological monitoring. (1)(i) Fixed facilities without sea
chests that choose to comply with the Track I requirements in Sec.
125.134(b)(1)(i) must monitor for entrainment. These facilities are not
required to monitor for impingement, unless the Director determines
that the information would be necessary to evaluate the need for or
compliance with additional requirements in accordance with Sec.
125.134(b)(4) or more stringent requirements in accordance with Sec.
125.134(d).
    (ii) Fixed facilities with sea chests that choose to comply with
Track I requirements are not required to perform biological monitoring
unless the Director determines that the information would be necessary
to evaluate the need for or compliance with additional requirements in
accordance with Sec.  125.134(b)(4) or more stringent requirements in
accordance with Sec.  125.134(d).
    (iii) Facilities that are not fixed facilities are not required to
perform biological monitoring unless the Director determines that the
information would be necessary to evaluate the need for or compliance
with additional requirements in accordance with Sec.  125.134(b)(4) or
more stringent requirements in accordance with Sec.  125.134(d).
    (iv) Fixed facilities with sea chests that choose to comply with
Track II requirements in accordance with Sec.  125.134(c), must monitor
for impingement only. Fixed facilities without sea chests that choose
to comply with Track II requirements, must monitor for both impingement
and entrainment.
    (2) Monitoring must characterize the impingement rates and (if
applicable) entrainment rates) of commercial, recreational, and forage
base fish and shellfish species identified in the Source Water Baseline
Biological Characterization data required by 40 CFR 122.21(r)(4),
identified in the Comprehensive Demonstration Study required by Sec.
125.136(c)(2), or as specified by the Director.
    (3) The monitoring methods used must be consistent with those used
for the Source Water Baseline Biological Characterization data required
in 40 CFR 122.21(r)(4), those used by the Comprehensive Demonstration
Study required by Sec.  125.136(c)(2), or as specified by the Director.
You must follow the monitoring frequencies identified below for at
least two (2) years after the initial permit issuance. After that time,
the Director may approve a request for less frequent sampling in the
remaining years of the permit term and when the permit is reissued, if
supporting data show that less frequent monitoring would still allow
for the detection of any seasonal variations in the species and numbers
of individuals that are impinged or entrained.
    (4) Impingement sampling. You must collect samples to monitor
impingement rates (simple enumeration) for each species over a 24-hour
period and no less than once per month when the cooling water intake
structure is in operation.
    (5) Entrainment sampling. If your facility is subject to the
requirements of Sec.  125.134(b)(1)(i), or if your facility is subject
to Sec.  125.134(c) and is a fixed facility without a sea chest, you
must collect samples to monitor entrainment rates (simple enumeration)
for each species over a 24-hour period and no less than biweekly during
the primary period of reproduction, larval recruitment, and peak
abundance identified during the Source Water Baseline Biological
Characterization required by 40 CFR 122.21(r)(4) or the Comprehensive
Demonstration Study required in Sec.  125.136(c)(2). You must collect
samples only when the cooling water intake structure is in operation.
    (b) Velocity monitoring. If your facility uses a surface intake
screen systems, you must monitor head loss across the screens and
correlate the measured value with the design intake velocity. The head
loss across the intake screen must be measured at the

minimum ambient source water surface elevation (best professional
judgment based on available hydrological data). The maximum head loss
across the screen for each cooling water intake structure must be used
to determine compliance with the velocity requirement in Sec.
125.134(b)(2). If your facility uses devices other than surface intake
screens, you must monitor velocity at the point of entry through the
device. You must monitor head loss or velocity during initial facility
startup, and thereafter, at the frequency specified in your NPDES
permit, but no less than once per quarter.
    (c) Visual or remote inspections. You must either conduct visual
inspections or employ remote monitoring devices during the period the
cooling water intake structure is in operation. You must conduct visual
inspections at least weekly to ensure that any design and construction
technologies required in Sec.  125.134(b)(4), (b)(5), (c), and/or (d)
are maintained and operated to ensure that they will continue to
function as designed. Alternatively, you must inspect via remote
monitoring devices to ensure that the impingement and entrainment
technologies are functioning as designed.

Sec.  125.138  As an owner or operator of a new offshore oil and gas
extraction facility, must I keep records and report?

    As an owner or operator of a new offshore oil and gas extraction
facility you are required to keep records and report information and
data to the Director as follows:
    (a) You must keep records of all the data used to complete the
permit application and show compliance with the requirements, any
supplemental information developed under Sec.  125.136, and any
compliance monitoring data submitted under Sec.  125.137, for a period
of at least three (3) years from the date of permit issuance. The
Director may require that these records be kept for a longer period.
    (b) You must provide the following to the Director in a yearly
status report:
    (1) For fixed facilities, biological monitoring records for each
cooling water intake structure as required by Sec.  125.137(a);
    (2) Velocity and head loss monitoring records for each cooling
water intake structure as required by Sec.  125.137(b); and
    (3) Records of visual or remote inspections as required in Sec.
125.137(c).

Sec.  125.139  As the Director, what must I do to comply with the
requirements of this subpart?

    (a) Permit application. As the Director, you must review materials
submitted by the applicant under 40 CFR 122.21(r), Sec.  125.135, and
Sec.  125.136 at the time of the initial permit application and before
each permit renewal or reissuance.
    (1) After receiving the initial permit application from the owner
or operator of a new offshore oil and gas extraction facility, the
Director must determine applicable standards in Sec.  125.134 or Sec.
125.135 to apply to the new offshore oil and gas extraction facility.
In addition, the Director must review materials to determine compliance
with the applicable standards.
    (2) For each subsequent permit renewal, the Director must review
the application materials and monitoring data to determine whether
requirements, or additional requirements, for design and construction
technologies or operational measures should be included in the permit.
    (3) For Track II facilities, the Director may review the
information collection proposal plan required by Sec.
125.136(c)(2)(ii). The facility may initiate sampling and data
collection activities prior to receiving comment from the Director.
    (b) Permitting requirements. Section 316(b) requirements are
implemented for a facility through an NPDES permit. As the Director,
you must determine, based on the information submitted by the new
offshore oil and gas extraction facility in its permit application, the
appropriate requirements and conditions to include in the permit based
on the track (Track I or Track II), or alternative requirements in
accordance with Sec.  125.135, the new offshore oil and gas extraction
facility has chosen to comply with. The following requirements must be
included in each permit:
    (1) Cooling water intake structure requirements. At a minimum, the
permit conditions must include the performance standards that implement
the applicable requirements of Sec.  125.134(b)(2), (3), (4) and (5);
Sec.  125.134(c)(1) and (2); or Sec.  125.135.
    (i) For a facility that chooses Track I, you must review the Design
and Construction Technology Plan required in Sec.  125.136(b)(3) to
evaluate the suitability and feasibility of the technology proposed to
minimize impingement mortality and (if applicable) entrainment of all
life stages of fish and shellfish. In the first permit issued, you must
include a condition requiring the facility to reduce impingement
mortality and/or entrainment commensurate with the implementation of
the technologies in the permit. Under subsequent permits, the Director
must review the performance of the technologies implemented and require
additional or different design and construction technologies, if needed
to minimize impingement mortality and/or entrainment of all life stages
of fish and shellfish. In addition, you must consider whether more
stringent conditions are reasonably necessary in accordance with Sec.
125.134(d).
    (ii) For a fixed facility that chooses Track II, you must review
the information submitted with the Comprehensive Demonstration Study
information required in Sec.  125.136(c)(2), evaluate the suitability
of the proposed design and construction technology and/or operational
measures to determine whether they will reduce both impingement
mortality and/or entrainment of all life stages of fish and shellfish
to 90 percent or greater of the reduction that could be achieved
through Track I. In addition, you must review the Verification
Monitoring Plan in Sec.  125.136(c)(2)(iii)(C) and require that the
proposed monitoring begin at the start of operations of the cooling
water intake structure and continue for a sufficient period of time to
demonstrate that the technologies and operational measures meet the
requirements in Sec.  125.134(c)(1). Under subsequent permits, the
Director must review the performance of the additional and /or
different technologies or measures used and determine that they reduce
the level of adverse environmental impact from the cooling water intake
structures to a comparable level that the facility would achieve were
it to implement the requirements of Sec.  125.134(b)(2) and, if
applicable, Sec.  125.134(b)(5).
    (iii) If a facility requests alternative requirements in accordance
with Sec.  125.135, you must determine if data specific to the facility
meet the requirements in Sec.  125.135(a) and include in the permit
requirements that are no less stringent than justified by the wholly
out of proportion cost or the significant adverse impacts on local
water resources other than impingement or entrainment, or significant
adverse impacts on energy markets.
    (2) Monitoring conditions. At a minimum, the permit must require
the permittee to perform the monitoring required in Sec.  125.137. You
may modify the monitoring program when the permit is reissued and
during the term of the permit based on changes in physical or
biological conditions in the vicinity of the cooling water intake
structure. The Director may require continued monitoring based on the
results of monitoring done pursuant to

the Verification Monitoring Plan in Sec.  125.136(c)(2)(iii)(C).
    (3) Record keeping and reporting. At a minimum, the permit must
require the permittee to report and keep records as required by Sec.
125.138.
[FR Doc. 06-5218 Filed 6-15-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20267-20270]
[FR Doc No: 2017-08645]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0702; FRL-9961-36-Region 9]

Approval of Arizona Air Plan Revisions, Arizona Department of
Environmental Quality and Pinal County Air Quality Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Arizona State Implementation Plan
(SIP). These revisions include a state statute and certain state rules
that govern air pollution sources under the Arizona Department of
Environmental Quality (ADEQ) and the Pinal County Air Quality Control
District (PCAQCD). These revisions concern emissions of particulate
matter (PM) from construction sites, agricultural activity and other
fugitive dust sources. We are approving local rules that regulate these
emission sources under the Clean Air Act (CAA or the Act).

DATES: These rules will be effective on May 31, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2016-0702. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, 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 through http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Final Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Final Action

    On January 9, 2017, 82 FR 2305, the EPA proposed to approve the
following rules into the Arizona SIP:

----------------------------------------------------------------------------------------------------------------
            Local agency                    Rule #                 Rule title             Adopted      Submitted
----------------------------------------------------------------------------------------------------------------
PCAQCD.............................  Chapter 4--Article 1  Fugitive Dust............        10/28/15    12/21/15
PCAQCD.............................  Chapter 4--Article 3  Construction Sites--             10/28/15    12/21/15
                                                            Fugitive Dust.
----------------------------------------------------------------------------------------------------------------
   Arizona revised statutes (ARS)          Statute #             Statute title        Effective date   Submitted
----------------------------------------------------------------------------------------------------------------
ARS................................  Sec.   49-424.......  Duties of Department.....         4/18/14    12/21/15
----------------------------------------------------------------------------------------------------------------
 Arizona administrative code (AAC)           AAC #                 AAC title             Amended/      Submitted
            rule number                                                               effective date
----------------------------------------------------------------------------------------------------------------
AAC................................  R18-2-210...........  Attainment,                      07/02/15    12/21/15
                                                            Nonattainment, and
                                                            Unclassifiable Area
                                                            Designations.
AAC................................  R18-2-610...........  Definitions for R18-2-           07/02/15    12/21/15
                                                            610.01, R18-2-610.02,
                                                            and R18-2-610.03.
AAC................................  R18-2-610.03........  Agricultural PM General          07/02/15    12/21/15
                                                            Permit for Crop
                                                            Operations; Pinal County
                                                            PM Nonattainment Area.
AAC................................  R18-2-612...........  Definitions for R18-2-           07/02/15    12/21/15
                                                            612.01.
AAC................................  R18-2-612.01........  Agricultural PM General          07/02/15    12/21/15
                                                            Permit for Irrigation
                                                            Districts; PM
                                                            Nonattainment Areas
                                                            Designated After June 1,
                                                            2009.
AAC................................  Appendix 2..........  Test Methods and                 07/02/15    12/21/15
                                                            Protocols.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
We received no comments during this period.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving these rules into the
Arizona SIP.
    EPA notes that R18-2-610.03, Section F, and R18-2-612.01, Section
E, allow commercial farmers and irrigation districts to develop BMPs
different than those in the July 2, 2015 version of the rules and to
submit alternatives ``that are proven effective through on-farm
demonstration trials'' to the AgBMP Committee. These provisions also
state that alternative BMPs ``shall not become effective unless
submitted as described in A.R.S. Sec.  49-457(L),'' and ARS Sec.  49-
457(L) in turn provides that approved alternative BMPs must be
submitted to EPA as a SIP revision.\1\ EPA understands these provisions
to establish the point at which alternative BMPs may take effect as a
matter of state law. For alternative BMPs to take effect as a matter of
federal law, the State of Arizona must submit them to EPA as a revision
to the SIP, and EPA must complete a notice and comment

rulemaking process approving them as part of the SIP.\2\
---------------------------------------------------------------------------

    \1\ ARS 49-457(L) provides: ``The [Ag BMP] committee may
periodically reexamine, evaluate and modify best management
practices. Any approved modifications shall be submitted to the
United States environmental protection agency (sic) as a revision to
the applicable implementation plan.''
    \2\ See 42 U.S.C. 7410(i); see also, Safe Air for Everyone v.
United States EPA, 488 F.3d 1088, 1097 (9th Cir. 2007) (``[A] SIP,
once approved by EPA, has `the force and effect of federal law.' In
accord with this general proposition, a state may not unilaterally
alter the legal commitments of its SIP once EPA approves the plan.''
(Internal citations omitted)).
---------------------------------------------------------------------------

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Arizona statute and rules, and PCAPCD rules, described in the
amendments to 40 CFR part 52 set forth below. Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\3\ The EPA has made, and will
continue to make, these documents available through www.regulations.gov
and at the EPA Region IX Office (please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section of this preamble for
more information).
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997)
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 30, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

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: March 29, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. In Sec.  52.120:
0
a. In table 2 of paragraph (c):
0
i. Revise the entry for ``R18-2-210''.
0
ii. Add a second entry for ``R18-2-610'' and add entries for ``R18-2-
610.03'', ``R18-2-612'', and ``R18-2-612.01'' in numerical order.
0
iii. Revise the first entry for ``Appendix 2''.
0
b. In table 9 of paragraph (c):
0
i. Add entries for ``4-1-010'', ``4-1-015'', ``4-1-020'', ``4-1-030'',
``4-1-040'', ``4-1-045'', ``4-1-050'', ``4-1-060'', ``4-3-160'', ``4-3-
170'', ``4-3-180'', and ``4-3-190'' in numerical order.
0
c. In table 3 of paragraph (e), revise the entry ``49-424''.
    The additions and revisions read as follows:

Sec.  52.120   Identification of plan.

* * * * *
    (c) * * *

                                                        Table 2--EPA-Approved Arizona Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              State effective
         State citation                 Title/subject              date                  EPA approval date                  Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
R18-2-210.......................  Attainment,               July 2, 2015......  May 1, 2017, [Insert Federal         Submitted on December 21, 2015.
                                   Nonattainment, and                            Register citation].
                                   Unclassifiable Area
                                   Designations.

                                                                      * * * * * * *
                                              Article 6 (Emissions from Existing and New Nonpoint Sources)
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
R18-2-610.......................  Definitions for R18-2-    July 2, 2015......  May 1, 2017, [Insert Federal         Submitted on December 21, 2015.
                                   610.01, R18-2-610.02,                         Register citation].
                                   and R18-2-610.03.
R18-2-610.03....................  Agricultural PM General   July 2, 2015......  May 1, 2017, [Insert Federal         Submitted on December 21, 2015.
                                   Permit for Crop                               Register citation].
                                   Operations; Pinal
                                   County PM Nonattainment
                                   Area.

                                                                      * * * * * * *
R18-2-612.......................  Definitions for R18-2-    July 2, 2015......  May 1, 2017, [Insert Federal         Submitted on December 21, 2015.
                                   612.01.                                       Register citation].
R18-2-612.01....................  Agricultural PM General   July 2, 2015......  May 1, 2017, [Insert Federal         Submitted on December 21, 2015.
                                   Permit for Irrigation                         Register citation].
                                   Districts; PM
                                   Nonattainment Areas
                                   Designated After June
                                   1, 2009.

                                                                      * * * * * * *
                  Appendices to Title 18 (Environmental Quality), Chapter 2 (Department of Environmental Quality Air Pollution Control)
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Appendix 2......................  Test Methods and          July 2, 2015......  May 1, 2017, [Insert Federal         Submitted on December 21, 2015.
                                   Protocols.                                    Register citation].

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

* * * * *

                                          Table 9--EPA-Approved Pinal County Air Pollution Control Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              State effective
         County citation                Title/subject              date                  EPA approval date                  Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Chapter 4. Emissions from Existing and New Non-Point Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
4-1-010.........................  General Applicability...  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 1''.
4-1-015.........................  Exemptions..............  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 1''.
4-1-020.........................  Definitions.............  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 1''.
4-1-030.........................  Standards...............  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 1''.
4-1-040.........................  Recordkeeping...........  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 1''.
4-1-045.........................  Reporting Requirements..  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 1''.
4-1-050.........................  Records Retention.......  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 1''.
4-1-060.........................  Violations..............  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 1''.

                                                                      * * * * * * *
4-3-160.........................  General Provisions--West  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                   Pinal PM10                                    Register citation].                  ``Chapter 4, Article 3''.
                                   Nonattainment Area.
4-3-170.........................  Definitions.............  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 3''.
4-3-180.........................  Dust Generating           January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                   Operations Standards,                         Register citation].                  ``Chapter 4, Article 3''.
                                   Application, Permit and
                                   Recordkeeping
                                   Requirements.
4-3-190.........................  Violations..............  January 1, 2016...  May 1, 2017, [Insert Federal         Submitted on December 21, 2015 as
                                                                                Register citation].                  ``Chapter 4, Article 3''.

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

* * * * *
    (e) * * *

                                                 Table 3--EPA-Approved Arizona Statutes--Non-Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              State submittal
         State citation                 Title/subject              date                  EPA approval date                       Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Article 2 (State Air Pollution Control)
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
49-424..........................  Duties of Department....  April 18, 2014....  May 1, 2017, [Insert Federal         Submitted on December 21, 2015.
                                                                                Register citation].

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

* * * * *
[FR Doc. 2017-08645 Filed 4-28-17; 8:45 am]
 BILLING CODE 6560-50-P