[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Notices]
[Pages 41196-41197]
[FR Doc No: 2012-16972]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0010]

Board of Visitors for the National Fire Academy

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee Management; Notice of Open Federal Advisory Committee
Teleconference Meeting.

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SUMMARY: The Board of Visitors for the National Fire Academy (Board)
will meet by teleconference on July 26, 2012. The meeting will be open
to the public.

DATES: The meeting will take place Thursday, July 26, 2012, from 1:00
p.m. to 4:00 p.m. EST. Please note that the meeting may close early if
the Board has completed its business.

ADDRESSES: Members of the public who wish to obtain the call-in number,
access code and other information for the public teleconference may
contact Ruth MacPhail as listed in the FOR FURTHER INFORMATION CONTACT
section by close of business July 20, 2012, as the number of
teleconference lines is limited and available on a first-come, first-
served basis. For information on services for individuals with
disabilities or to request special assistance, contact Ruth MacPhail as
soon as possible.
    Members of the public may also participate by coming to the
National Emergency Training Center (NETC), Building H, Room 200,
Emmitsburg, Maryland. A picture identification is needed for access.
Contact Ruth MacPhail for directions.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the Board as listed in the
SUPPLEMENTARY INFORMATION section. Comments must be submitted in
writing no later than July 20, 2012, and must be identified by docket
ID FEMA-2008-0010 and may be submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail/Hand Delivery: Ruth MacPhail, 16825 South Seton
Avenue, Emmitsburg, Maryland 21727.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or
comments received by the Board, go to http://www.regulations.gov.
    Public comments will be requested prior to deliberation of each
agenda item. Speakers will be afforded 5 minutes to make comments.
Contact Ruth MacPhail to register as a speaker.

FOR FURTHER INFORMATION CONTACT: Ruth MacPhail, 16825 South Seton
Avenue, Emmitsburg, Maryland 21727, telephone<PHONE_NUMBER>, fax (301)
447-1173, and email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Purpose of the Board

    The purpose of the Board is to review annually the programs of the
National Fire Academy (Academy) and advise the Administrator of the
Federal Emergency Management Agency (FEMA), through the United States
Fire Administrator, regarding the operation of the Academy and any
improvements therein that the Board deems appropriate. The Board makes
interim advisories to the Administrator of FEMA, through the United
States Fire Administrator, whenever there is an indicated urgency to do
so in fulfilling its duties. In carrying out its responsibilities, the
Board examines Academy programs to

determine whether these programs further the basic missions which are
approved by the Administrator of FEMA, examines the physical plant of
the Academy to determine the adequacy of the Academy's facilities, and
examines the funding levels for Academy programs. The Board submits an
annual report through the United States Fire Administrator to the
Administrator of FEMA, in writing. The report provides detailed
comments and recommendations regarding the operation of the Academy.

Agenda

    The Board will review and approve the minutes of the April 25 and
26, 2012, meeting. The Board will review Academy program activities
including instructor led online course deliveries, current curriculum
developments, anticipated FY 2012 curriculum developments, and the new
Student Identification Number (SID) procedure being implemented through
the NFA Admissions process.
    The Board will review the progress of the Executive Fire Officer
Program (EFOP) Subcommittee and new course development status. The
Board will also review the status of the Fire and Emergency Services
Higher Education (FESHE) Institutional Recognition and Certificate
program and the progress of Training Resources and Data Exchange
(TRADE)/FESHE electronic meetings. The Board will discuss deferred
maintenance and capital improvements on the NETC campus, to include FY
2012 Budget Planning.
    After deliberation, the Board will recommend actions to the
Superintendent of the National Fire Academy and the Administrator of
FEMA.

    Dated: July 5, 2012.
Kirby Kiefer,
Deputy Superintendent, National Fire Academy, United States Fire
Administration, Federal Emergency Management Agency.
[FR Doc. 2012-16972 Filed 7-11-12; 8:45 am]
BILLING CODE 9111-45-P


[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Proposed Rules]
[Pages 51739-51743]
[FR Doc No: 2012-21040]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0786; FRL-9719-6]

Approval and Promulgation of Implementation Plans; Tennessee;
Regional Haze State Implementation Plan; Best Available Retrofit
Technology for Eastman Chemical Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the State
Implementation Plan (SIP) submitted by the State of Tennessee, through
the Tennessee Department Environment and Conservation (TDEC), on May
14, 2012, related to the Best Available Retrofit Technology (BART)
requirements for the Eastman Chemical Company (Eastman). Specifically,
the May 14, 2012, SIP revision modifies the compliance date for the
Eastman BART determination included in Tennessee's April 4, 2008, SIP
revision and provides a BART alternative determination option for
Eastman. Together, Tennessee's April 4, 2008, and May 14, 2012, SIP
revisions address the requirements of the Clean Air Act (CAA or Act)
and EPA's rules that require states to prevent any future and remedy
any existing anthropogenic impairment of visibility in mandatory Class
I areas (national parks and wilderness areas) caused by emissions of
air pollutants from numerous sources located over a wide geographic
area (also referred to as the ``regional haze program''). EPA is
proposing to approve Tennessee's May 14, 2012, SIP revision because it
is consistent with the CAA and EPA's regulations on regional haze BART
determinations and BART alternative determinations.

DATES: Comments must be received on or before September 26, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0786, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2009-0786, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2009-0786.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Michele Notarianni can
be reached at telephone number<PHONE_NUMBER> and by electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for this proposed action?
II. What are the requirements for a BART alternative determination?
III. What is EPA's analysis of Tennessee's May 14, 2012, SIP
revision?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What is the background for this proposed action?

    On April 4, 2008, TDEC submitted a revision to Tennessee's SIP to
address regional haze in mandatory federal Class I areas within the
State and in mandatory federal Class I areas outside the State which
may be affected by emissions from within the State. On June 9, 2011,\1\
EPA published an action proposing a limited approval and a limited
disapproval of Tennessee's

April 4, 2008, SIP revision (including the BART determination for
Eastman) to address regional haze during the first implementation
period.\2\ See 76 FR 33662. Detailed background information and EPA's
rationale for the proposed action is provided in EPA's June 9, 2011,
proposed rulemaking. See 76 FR 33662.
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    \1\ On July 26, 2011, EPA reopened the comment period for EPA's
proposed action related to Tennessee's April 4, 2008, SIP revision.
See 76 FR 44534.
    \2\ EPA proposed a limited approval of Tennessee's April 4,
2008, SIP revision to implement the regional haze requirements for
Tennessee on the basis that the revision, as a whole, strengthens
the Tennessee SIP. Further, EPA proposed a limited disapproval of
the same SIP revision because of the deficiencies in the State's
regional haze SIP revision arising from the remand of the Clean Air
Interstate Rule (CAIR) to EPA by the U.S. Court of Appeals for the
District of Columbia Circuit (D.C. Circuit). Subsequently, in a June
7, 2012, action, EPA finalized a Federal Implementation Plan for
Tennessee to address the deficiencies that resulted from the State's
reliance on CAIR for their regional haze SIP.
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    After publication of EPA's June 2011 proposed action on Tennessee's
regional haze SIP revision, the State and Eastman entered into
discussions regarding a BART alternative determination that would give
Eastman the option to comply with the regional haze BART requirements
by converting its B-253 Powerhouse to natural gas in lieu of continuing
to use coal and retrofitting its facility pursuant to the BART
determination for sulfur dioxide (SO2) emissions (hereafter
referred to as the ``Eastman BART alternative determination'').
    On April 24, 2012, EPA took final action on Tennessee's April 4,
2008, regional haze SIP revision, with the exception of the BART
determination for Eastman. See 77 FR 24392. As noted in that action,
EPA took no action on the Eastman BART determination provided in the
April 4, 2008, SIP revision (hereafter referred to as the ``original
Eastman BART determination'') at that time since EPA expected Tennessee
to submit a revised SIP addressing a BART alternative determination for
Eastman. EPA's proposed action for the original Eastman BART
determination remains in place after EPA's April 24, 2012, action on
the remainder of Tennessee's regional haze SIP revision.
    On May 14, 2012, TDEC submitted a supplement to its April 2008
Tennessee regional haze plan to EPA with a revised BART determination
for Eastman. In summary, the May 14, 2012, SIP revision for Eastman:
(1) Modifies the final compliance date to April 30, 2017, for the
original Eastman BART determination; and (2) establishes a BART
alternative option for Eastman to convert its B-253 Powerhouse (Boilers
25-29) to burn natural gas. The SIP revision and Eastman's CAA title V
operating permit stipulate that if Eastman elects to implement the BART
alternative instead of the original BART determination, Eastman must
begin construction on the BART alternative prior to April 30, 2017, and
complete construction no later than the earlier of: December 31, 2018;
the end of the period of the first long-term strategy (LTS) for
regional haze as determined by EPA; or the compliance deadline for the
one-hour SO2 national ambient air quality standard (NAAQS).
Tennessee's May 14, 2012, SIP revision also stipulates that if Eastman
elects to implement the original BART determination instead of the BART
alternative, it must comply with the BART requirements by April 30,
2017. The Tennessee Air Pollution Control Board approved this SIP
revision and associated operating permit as Board Order 12-008 on May
9, 2012.\3\
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    \3\ Board Order 12-008 approves the withdrawal of operating
permit 061873H (BART permit for Eastman issued March 31, 2008). The
Order also approves the submittal of the Alternative BART
Determination for Eastman Chemical Company--Tennessee Operations and
operating permit 066116H (BART permit for Eastman issued May 9,
2012) to EPA for adoption into Tennessee's Regional Haze SIP.
Tennessee provided this updated Board Order in a SIP revision on May
14, 2012. While the May 14, 2012, SIP revision contained the updated
Board Order, EPA notes that Tennessee did not withdraw the original
BART determination and technical analysis related to the Eastman
facility that was provided in Tennessee's April 4, 2008, SIP
revision.
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II. What are the requirements for a BART alternative determination?

    Under 40 CFR 51.308(e)(2), states may choose to meet the BART
requirements with a BART alternative. Section 51.308(e)(2) specifies
the requirements that a state must meet to show that the alternative
measure or alternative program achieves greater reasonable progress
than would be achieved through the installation and operation of BART.
For a BART alternative, the state must submit an implementation plan
containing, among other things, the following plan elements and include
documentation for all required analyses:
    (A) A list of all BART-eligible sources within the state.
    (B) A list of all BART-eligible sources and all BART source
categories covered by the alternative program. The state is not
required to include every BART source category or every BART-eligible
source within a BART source category in an alternative program.
    (C) An analysis of the best system of continuous emissions control
technology available and associated emissions reductions achievable for
each source within the state subject to BART and covered by the
alternative program. This analysis must be conducted by making a
determination of BART for each source subject to BART and covered by
the alternative program.
    (D) An analysis of the projected emissions reductions achievable
through the alternative measure.
    (E) A determination that the alternative measure achieves greater
reasonable progress than would be achieved through the installation and
operation of BART at the covered sources.
    (F) A requirement that all necessary emissions reductions take
place during the period of the first long-term strategy for regional
haze. To meet this requirement, the State must provide a detailed
description of the alternative measure, including schedules for
implementation, the emission reductions required by the program, all
necessary administrative and technical procedures for implementing the
program, rules for accounting and monitoring emissions, and procedures
for enforcement.
    (G) A demonstration that the emissions reductions resulting from
the alternative measure will be surplus to those reductions resulting
from measures adopted to meet requirements of the CAA as of the
baseline date of the SIP.

III. What is EPA's analysis of Tennessee's May 14, 2012, SIP revision?

    As previously mentioned, TDEC's May 14, 2012, SIP revision: (1)
Modifies the final compliance date for the original Eastman BART
determination; and (2) establishes a BART alternative option for
Eastman to convert its B-253 Powerhouse (Boilers 25-29) to burn natural
gas. Specifically, the SIP revision and the associated operating permit
(No. 066116H) create two options for Eastman to reduce its visibility
impairing pollutants from the B-253 Powerhouse and satisfy the BART
requirements in 40 CFR 51.308(e). Eastman may install, operate, and
maintain BART no later than April 30, 2017 (Option 1), or implement the
BART alternative option to fuel switch its B-253 Powerhouse (Boilers
25-29) by the earlier of the following: December 31, 2018; the end of
the period of the first LTS for regional haze as determined by EPA; or
the compliance deadline for the one-hour SO2 NAAQS (Option
2).

A. Modified Compliance Date for the Eastman BART Determination

    The May 14, 2012, SIP revision requires Eastman to install,
operate, and maintain BART no later than April 30, 2017, should Eastman
decide not to pursue the BART alternative option

(Option 1). This compliance date supplements the original Eastman BART
determination and technical analysis provided in the State's April 4,
2008, SIP revision. EPA previously proposed approval of the original
Eastman BART determination in its June 9, 2011, proposal on Tennessee's
regional haze SIP. The comment period on that action closed August 10,
2011. As such, EPA is not reopening comment on the original Eastman
BART determination. In today's rulemaking, EPA is taking comment only
on the proposed approval of the April 30, 2017, compliance date for the
original Eastman BART determination.
    EPA proposes to find that the change in Tennessee's May 14, 2012,
SIP revision to set a compliance date of April 30, 2017, for the
original BART determination (as included in condition 1 of the May 9,
2012, permit for Eastman--number 066116H) is consistent with the CAA as
well as EPA's regulations and guidance for BART determinations. Had EPA
finalized its proposed action regarding the original Eastman BART
determination on April 24, 2012, when the Agency took final action on
the remainder of Tennessee's April 4, 2008, SIP revision, the
compliance date for the original BART determination would have been May
24, 2017. Therefore, this proposed compliance date accelerates the
implementation of BART at Eastman, should Eastman decide not to
implement the BART alternative option evaluated below.

B. BART Alternative Option

    The May 14, 2012, SIP revision also provides Eastman with the
option to implement a BART alternative, in lieu of the original BART,
that requires repowering the B-253 Powerhouse to natural gas by the
earlier of the following: December 31, 2018; the end of the period of
the first LTS for regional haze as determined by EPA; or the compliance
deadline for the one-hour SO2 NAAQS (Option 2). A December
31, 2018, date for the end of the period of the first LTS is consistent
with the requirement to evaluate visibility over calendar year periods
and the requirement for each state to submit an initial regional haze
SIP that covers the period from submittal through 2018.\4\
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    \4\ 40 CFR 51.308(f). See also 64 FR 35713, 35732-33, 35746
(July 1, 1999) (providing examples that include uniform rate of
progress projections for the entire year of 2018).
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    The BART alternative option is subject to the provisions of 40 CFR
51.308(e)(2), as discussed in Section II of this proposed rulemaking,
and is evaluated under these provisions in the following subsections.
1. A List of All BART-Eligible Sources Within the State
    Tennessee's May 14, 2012, SIP revision identified the following
BART-eligible sources within Tennessee:
    (1) Aluminum Company of America (Alcoa)--South Plant;
    (2) DuPont White Pigment and Mineral Products (Humphreys County);
    (3) Eastman Chemical Company--Tennessee Operations;
    (4) E. I. DuPont de Nemours and Company, Inc. (Old Hickory);
    (5) E. I. DuPont de Nemours and Company, Inc. (Shelby County);
    (6) Holston Army Ammunition Plant;
    (7) Inter-trade Holdings, Inc.;
    (8) Liberty Fibers Corporation;
    (9) Lucite International;
    (10) Owens Corning;
    (11) Packaging Corporation of America;
    (12) PCS Nitrogen;
    (13) Tennessee Valley Authority (WA)--Bull Run Fossil Plant;
    (14) Tennessee Valley Authority--Cumberland Fossil Plant;
    (15) Zinifex; and
    (16) Weyerhaeuser Corporation (now Domtar Paper Company)--Sullivan
County.
    This list includes all BART-eligible sources in Tennessee, as
determined by EPA in its April 24, 2012, final action on Tennessee's
April 4, 2008, regional haze SIP.
2. A List of All BART-Eligible Sources and All BART Source Categories
Covered by the Alternative Program
    The BART alternative option proposed in this action only pertains
to the five boilers at Eastman's B-253 Powerhouse. It does not
establish a trading program within the meaning of the federal BART
regulations or include any other BART-eligible facilities.
3. An Analysis of the Best System of Continuous Emissions Control
Technology Available and Associated Emissions Reductions Achievable for
Each Source Within the State Subject to BART and Covered by the
Alternative Program. This Analysis Must Be Conducted by Making a
Determination of BART for Each Source Subject to BART and Covered by
the Alternative Program
    In its April 4, 2008, regional haze SIP revision, Tennessee
completed an analysis of the best system of continuous emissions
control technology available and associated emissions reductions
achievable for Eastman and included a BART determination requiring the
boilers in the B-253 Powerhouse to either reduce uncontrolled
SO2 emissions by 92 percent or meet an emissions limit of
0.2 pounds per million British thermal units (lbs/MMBtu) heat input.
EPA proposed approval of Tennessee's BART determination for the B-253
Powerhouse in its June 9, 2011, action on Tennessee's April 4, 2008,
regional haze SIP revision. On April 24, 2012, EPA took final action
for Tennessee's April 4, 2008, regional haze SIP revision, with the
exception of the BART determination for Eastman. See 77 FR 24392. EPA's
proposed action to approve the original Eastman BART remains in place
after EPA's April 24, 2012, action on the remainder of Tennessee's
regional haze SIP revision.
4. An Analysis of the Projected Emissions Reductions Achievable Through
the Alternative Measure
    Under the proposed BART alternative option for Eastman to convert
its B-253 Powerhouse (Boilers 25-29) to burn natural gas (Option 2),
the SO2 emissions rate would be 0.0006 lbs/MMBtu heat input
based on the allowable sulfur in pipeline natural gas. This limit is an
additional 99.7 percent reduction from the compliance limit of 0.2 lbs/
MMBtu heat input for the BART determination (Option 1). In addition,
nitrogen oxide emissions are expected to be reduced 50 percent from the
existing baseline by the conversion to natural gas. No NOx reductions
are expected from the original Eastman BART determination.
5. A Determination That the Alternative Measure Achieves Greater
Reasonable Progress Than Would Be Achieved Through the Installation and
Operation of BART at the Covered Sources
    If there is no difference in the geographic distribution of BART-
eligible source emissions between BART and the BART alternative, the
BART alternative measure may be deemed to achieve greater reasonable
progress if it results in greater emissions reductions than BART (i.e.,
dispersion modeling is not required to evaluate the differences in
visibility between BART and the BART alternative). 40 CFR 51.308(e)(3).
Since the BART alternative measure for the Eastman facility would
result in a lower emission rate than BART and since there is no
difference in the geographic distribution of emissions between BART and
the BART alternative, EPA proposes to find that the BART alternative
measure results in greater reasonable progress than BART.
    The compliance date for BART (Option 1) is April 30, 2017, and the

final compliance date for the BART alternative (Option 2) is the end of
the first regional haze implementation period in accordance with EPA's
regulations. If Eastman chooses to adopt the BART alternative, phased
implementation of the conversion of natural gas is expected throughout
the first regional haze implementation period with lower emissions
rates as each unit is converted. Furthermore, the lower emissions rates
from repowering with natural gas will continue to extend into the
future, providing substantially greater reasonable progress than BART.
EPA therefore proposes to agree with Tennessee's determination that the
BART alternative for the Eastman B-253 Powerhouse will result in
``greater reasonable progress'' than BART within the meaning of the
federal regional haze rules.
6. A Requirement That All Necessary Emissions Reductions Take Place
During the Period of the First LTS for Regional Haze. To Meet This
Requirement, the State Must Provide a Detailed Description of the
Alternative Measure, Including Schedules for Implementation, the
Emissions Reductions Required by the Program, All Necessary
Administrative and Technical Procedures for Implementing the Program,
Rules for Accounting and Monitoring Emissions, and Procedures for
Enforcement
    Tennessee's May 14, 2012, SIP revision and associated operating
permit require that Eastman comply with the BART alternative (should
Eastman chose Option 2) no later than December 31, 2018, thereby
satisfying the requirement that a source implement a BART alternative
during the period of the first LTS. The operating permit also details
the procedures for accounting and monitoring the emissions under the
BART alternative. EPA previously approved Division Rule 1200-03-
9-.02(6) into the Tennessee SIP which requires all permittees to comply
with the conditions of their operating permit. Violation of the permit
condition is, by definition, a violation of Division Rule 1200-03-
9-.02(6) and grounds for enforcement action. As previously discussed,
Tennessee provided a detailed description of the BART alternative and
the expected emissions reductions.
7. A Demonstration That the Emissions Reductions Resulting From the
Alternative Measure Will Be Surplus to Those Reductions Resulting From
Measures Adopted To Meet Requirements of the CAA as of the Baseline
Date of the SIP
    Implementation of the Eastman BART alternative would result in
surplus emissions reductions since the additional emissions reductions
beyond BART are not required to meet any other provision of the CAA or
any other TDEC requirements as of the date that the Tennessee Air
Pollution Control Board adopted Board Order 12-008.
    EPA proposes to find that the change in Tennessee's May 14, 2012,
SIP revision to establish a BART alternative option for Eastman to
convert its B-253 Powerhouse (Boilers 25-29) to burn natural gas is
consistent with the CAA as well as EPA's regulations and guidance for
BART alternative determinations.

IV. Proposed Action

    EPA is proposing to approve a revision to the Tennessee SIP
submitted by the State of Tennessee on May 14, 2012, related to the
BART requirements for Eastman, which supplements the April 4, 2008,
revision. Specifically, EPA is proposing to approve the BART
alternative determination option for Eastman which would allow for the
conversion of Eastman's B-253 Powerhouse (Boilers 25-29) to burn
natural gas. As a supplement to EPA's existing proposed action to
approve the original Eastman BART determination, EPA is also now
proposing to approve a compliance end date of April 17, 2018 for the
original BART determination, should Eastman elect not to implement the
BART alternative determination. EPA has preliminarily concluded that
the Eastman BART alternative determination and proposed change to the
compliance date for the original Eastman BART determination meet the
applicable regional haze requirements as set forth in sections 169A and
169B of the CAA and in 40 CFR 51.308(e)(2) as described previously in
this action.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not 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 CAA; and
     Does not provide 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, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

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

    Dated: August 9, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-21040 Filed 8-24-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Notices]
[Page 57500-57501]
[DOCID:fr29se06-71]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11810-004]

City of Augusta; Notice of Availability of Final Environmental
Assessment

September 22, 2006.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects' staff reviewed an application for an Original Major
License for the Augusta Canal Project located on the Augusta Canal,
adjacent to the Savannah River, Richmond County, Augusta, GA.
    The Commission issued a draft multi-project Environmental
Assessment (EA) for the Augusta Canal Project, Sibley Mill Project (P-
5044) and Enterprise Mill Project (P-2935) on May 20, 2005. No
substantive comments were filed regarding the Sibley Mill and
Enterprise Mill projects, and, subsequently, licenses were issued for
these projects.
    On February 3, 2006, and February 7, 2006, the U.S. Department of
Commerce (Commerce), and the U.S. Department of the Interior
(Interior), respectively, filed signed copies of a draft Settlement
which outlines a proposal for project operation, flows, and fishways
for the Augusta Canal Project. By letter filed December 15, 2005, the
City stated that the state agencies (the Georgia Department of Natural
Resources and South Carolina Department of Natural Resources) agree
with the terms of the draft Settlement. The draft Settlement, if
finalized, would require changes to Commerce's and Interior's section
18 prescriptions. The City is currently in the process of finalizing
the Settlement. Should a final, signed Settlement be filed with the
Commission, the details of that Settlement would be addressed

in any order issued for this licensing proceeding.
    This final EA addresses the issues pertinent to the Augusta Canal
Project. Commission staff analyzed the potential environmental effects
of licensing the Augusta Canal Project and concluded that issuing a
license, with appropriate environmental measures, would not constitute
a major federal action that would significantly affect the quality of
the human environment.
    A copy of the final EA is available for review in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov
, using the ``eLibrary'' link. Enter the docket number,

excluding the last three digits in the docket number field to access
the document. You may register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or any other pending projects. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-16000 Filed 9-28-06; 8:45 am]

BILLING CODE 6717-01-P


with the cargo tank since the inspector is checking on current
compliance. The other 4 years of records can be kept at the cargo tank
owner's office as long as the records are readily available. In Sec.
63.11094(c), we specified that records kept at remote locations must be
instantly available (e.g., via e-mail or facsimile) for inspection by
the Administrator's delegated representative during the course of a
site visit or within a mutually agreeable time frame. The record must
be an exact duplicate image of the original paper record with
certifying signatures. In subpart CCCCCC, we are proposing to clarify
the rule text by adding Sec.  63.11125(c), which contains the following
requirements: (1) Cargo tank owners or operators must keep
documentation of vapor tightness testing for 5 years, but documentation
of only the most recent test must be carried with the cargo tank; (2)
if the owner or operator of the cargo tank chooses to keep only the
current documentation with the cargo tank, documentation for the
previous 4 years must be kept at the owner's or operator's office; (3)
such office records must be instantly available (e.g., via e-mail or
facsimile) to the Administrator's delegated representative during the
course of a site visit or within a mutually agreeable time frame; and
(4) such records must be an exact duplicate image of the original paper
record with certifying signatures.
    Also, note that we are working with DOT to resolve questions
related to allowing certain new DOT testing requirements \5\ as an
alternative to vapor-tight testing and documentation in this subpart.
Currently we are working with DOT to discuss and resolve questions
related to whether the required records of testing have the equivalent
content, availability, and retention time requirements. DOT is
currently considering revising their standards to make the test
documentation equal to this 40 CFR part 63, subpart CCCCCC, and 40 CFR
part 63, subparts R and BBBBBB for terminals, and the new source
terminal standards under 40 CFR part 60, subpart XX.\6\ That effort has
not progressed to

the degree that we can propose additional changes or alternatives to
subpart CCCCCC in today's proposed amendments. Once DOT has finalized
the changes to their cargo tank testing standards we will consider
those changes and whether any changes are needed in our standards.
---------------------------------------------------------------------------

    \5\ On April 18, 2003, (68 FR 19258) a final DOT rule (49 CFR
180.407(h)(2) and 180.415(b)(3)(vii)) was issued specifying a new
DOT uniform marking for cargo tanks using and passing the Method 27
test. The uniform cargo tank marking is ``K-EPA27'' and includes the
date (month and year) that the cargo tank passed the Method 27 test.
    \6\ The DOT testing limit requirements for a ``K-EPA27'' marking
are at least equivalent to Method 27 testing under Reasonably
Available Control Technology guidance, NSPS (40 CFR 60, subpart XX)
and air toxics rules (40 CFR part 63, subparts R, BBBBBB, and
CCCCCC). The DOT rules would be equivalent to contents of the test
documentation for all the above subparts if test location and cargo
tank owner's address were added to the DOT documentation
requirements. The DOT requirements for owner or operator retention
of test documentation would be equivalent for the proposed
requirements for subpart CCCCCC if test documentation is kept for 1
year with cargo tank and immediately available for 4 previous years
at the owner or operator's office. Under subparts XX, R, and BBBBBB,
the terminal checks the current documentation and keeps the
documentation for 5 years. The DOT requirement is currently for 1-
year retention at the owner's address. Reasonably Available Control
Technology requirements for record retention and location vary by
State and local rules and permits.
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The proposed amendments clarify, but do not add requirements increasing
the collection burden. The information collection requirements
contained in the existing regulations at 40 CFR part 63, subparts
BBBBBB and CCCCCC were sent to the Office of Management and Budget
(OMB) for approval under the provisions of the Paperwork Reduction Act,
44 U.S.C. 3501, et seq. OMB approved Information Collection Request
(ICR) 2237.02--NESHAP for Source Categories: Gasoline Distribution Bulk
Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline
Dispensing Facilities (40 CFR part 63, subparts BBBBBB and CCCCCC)
(Final Rule) and assigned OMB control number 2060-0620. This ICR was
approved by OMB without change. The OMB control numbers for EPA
regulations in 40 CFR are listed in 40 CFR part 9. We are proposing to
amend 40 CFR part 9 to add the OMB control number for these rules.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the Agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed
amendments on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; or (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of these proposed amendments
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
The proposed amendments will not impose any new requirement on small
entities that are not currently required by the final rules (i.e.,
minimizing gasoline spills and evaporation). We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
These proposed amendments clarify certain provisions and correct
typographical errors in the rule text for a rule EPA previously
determined did not include a Federal mandate that may result in an
estimated cost of $100 million or more (69 FR 5061, February 3, 2004).
Thus, the proposed amendments are not subject to the requirements of
sections 202 or 205 of UMRA.
    The proposed amendments are also not subject to the requirements of
section 203 of UMRA because they contain no regulatory requirements
that might significantly or uniquely affect small governments. The
proposed amendments clarify certain provisions and correct
typographical errors in the rule text; thus, they should not affect
small governments.

E. Executive Order 13132: Federalism

    These proposed amendments do not have federalism implications. They
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. They provide
clarification and correct typographical errors. These changes do not
modify existing or create new responsibilities among EPA Regional
Offices, States, or local enforcement agencies. Thus, Executive Order
13132 does not apply to these proposed amendments.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials.

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

    These proposed amendments do not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000).
They will not have substantial direct effects on tribal governments, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to these proposed amendments.
    Nonetheless, EPA specifically solicits additional comment on this
proposed action from tribal officials.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.

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

    These proposed amendments are not subject to Executive Order 13211
(66 FR 18355, May 22, 2001) because they are not a ``significant energy
action'' under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or

otherwise impractical. VCS are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by VCS bodies. NTTAA directs
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable VCS.
    This action does not involve any new technical standards that were
not already included in the final rules. Therefore, EPA did not
consider the use of any other VCS in these proposed amendments.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that these proposed amendments will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. These proposed amendments do not relax the control
measures on sources regulated by the rule and will not cause emissions
increases from these sources.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: December 7, 2009.
Lisa P. Jackson,
Administrator.

    For the reasons set out in the preamble, parts 9 and 63 of title
40, chapter I, of the Code of Federal Regulations are proposed to be
amended as follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135, et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251, et seq., 1311, 1313d, 1314, 1321, 1326, 1330,
1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR 1971-
1975 Comp., p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-
1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3,
300j-4, 300j-9, 1857, et seq., 6901-6992k, 7401-7671q, 7542, 9601-
9657, 11023, 11048.

    2. The table in Sec.  9.1 is amended by adding the following
entries in numerical order under the undesignated center heading
``National Emission Standards for Hazardous Air Pollutants for Source
Categories'' to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.
------------------------------------------------------------------------

                                * * * * *
   National Emission Standards for Hazardous Air Pollutants for Source
                             Categories.\3\

                                * * * * *
63.11080-63.11100.........................................     2060-0620
63.11110-63.11132.........................................     2060-0620

                                * * * * *
------------------------------------------------------------------------
\3\ The ICRs referenced in this section of the table encompass the
  applicable general provisions contained in 40 CFR part 63, subpart A,
  which are not independent information collection requirements.

* * * * *

PART 63--[AMENDED]

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

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

Subpart BBBBBB--[Amended]

    4. Section 63.11081 is amended by adding paragraphs (c) through (j)
to read as follows:

Sec.  63.11081  Am I subject to the requirements in this subpart?

* * * * *
    (c) Gasoline storage tanks that are located at affected sources
identified in paragraphs (a)(1) through (a)(4) of this section, and
that are used only for dispensing gasoline in a manner consistent with
tanks located at a gasoline dispensing facility as defined in Sec.
63.11132, are not subject to any of the requirements in this subpart.
These tanks must comply with subpart CCCCCC of this part.
    (d) The loading of aviation gasoline into storage tanks at
airports, and the subsequent transfer of aviation gasoline within the
airport, is not subject to this subpart.
    (e) The loading of gasoline into marine tank vessels at bulk
facilities is not subject to this subpart.
    (f) If your affected source's throughput ever exceeds an applicable
throughput threshold in the definition of ``bulk gasoline terminal'' or
in item 1 in Table 2 to this subpart, the affected source will remain
subject to the requirements for sources above the threshold even if the
affected source throughput later falls below the applicable throughput
threshold.
    (g) For the purpose of determining gasoline throughput, as used in
the definition of bulk gasoline plant and bulk gasoline terminal, the
20,000 gallons per day threshold throughput is the maximum calculated
design throughout for any day and is not an average.
    (h) Storage tanks that are used to load gasoline into a cargo tank
for the on-site redistribution of gasoline to another storage tank are
subject to this subpart.
    (i) For any affected source subject to the provisions of this
subpart and another Federal rule, you may elect to comply only with the
more stringent provisions of the applicable subparts. You must consider
all provisions of the rules, including monitoring, recordkeeping, and
reporting. You must identify the affected source and provisions with
which you will comply in your Notification of Compliance Status (NOCS)
required under Sec.  63.11093. You also must demonstrate in your NOCS
that each provision with which you will comply is at least as stringent
as the otherwise applicable requirements in this subpart. You are
responsible for making accurate determinations concerning the more
stringent provisions; noncompliance with this rule is not excused if it
is later determined that your determination was in error and, as a
result, you are violating this subpart. Compliance with this rule is
your responsibility and the NOCS does not alter or affect that
responsibility.
    (j) For new or reconstructed affected sources, as specified in
Sec.  63.11082(b) and (c), recordkeeping to document applicable
throughput must begin upon startup of the affected source. For existing
sources, as specified in Sec.  63.11082(d), recordkeeping to document
applicable throughput must begin on January 10, 2008. Records required
under this paragraph shall be kept for a period of 5 years.
    5. Section 63.11083 is amended by revising paragraph (c) to read as
follows:

Sec.  63.11083  When do I have to comply with this subpart?

* * * * *

    (c) If you have an existing affected source that becomes subject to
the control requirements in this subpart because of an increase in the
daily throughput, as specified in option 1 of Table 2 to this subpart,
you must comply with the standards in this subpart no later than 3
years after the affected source becomes subject to the control
requirements in this subpart.
    6. Section 63.11086 is amended by revising paragraphs (a) and (b)
to read as follows:

Sec.  63.11086  What requirements must I meet if my facility is a bulk
gasoline plant?

* * * * *
    (a) Except as specified in paragraph (b) of this section, you must
only load gasoline into storage tanks and cargo tanks at your facility
by utilizing submerged filling, as defined in Sec.  63.11100, and as
specified in paragraphs (a)(1), (a)(2), or (a)(3) of this section. The
applicable distances in paragraphs (a)(1) and (2) of this section shall
be measured from the point in the opening of the submerged fill pipe
that is the greatest distance from the bottom of the storage tank.
    (1) Submerged fill pipes installed on or before November 9, 2006,
must be no more than 12 inches from the bottom of the tank.
    (2) Submerged fill pipes installed after November 9, 2006, must be
no more than 6 inches from the bottom of the tank.
    (3) Submerged fill pipes not meeting the specifications of
paragraphs (a)(1) or (2) of this section are allowed if the owner or
operator can demonstrate that the liquid level in the tank is always
above the entire opening of the fill pipe. Documentation providing such
demonstration must be made available for inspection by the
Administrator's delegated representative during the course of a site
visit.
    (b) Gasoline storage tanks with a capacity of less than 250 gallons
are not required to comply with the control requirements in paragraph
(a) of this section, but must comply only with the requirements in
paragraph (d) of this section.
* * * * *
    7. Section 63.11092 is amended as follows:
    a. By revising paragraph (a) introductory text;
    b. By revising paragraph (b) introductory text;
    c. By revising paragraph (b)(1) introductory text;
    d. By revising paragraph (b)(1)(i)(B)(2)(ii);
    e. By revising paragraph (b)(1)(i)(B)(2)(iii);
    f. By revising paragraph (b)(1)(iii)(B)(1);
    g. By revising paragraph (b)(1)(iii)(B)(2)(ii);
    h. By revising paragraph (b)(1)(iii)(B)(2)(iii); and
    i. By adding a new paragraph (g) to read as follows:

Sec.  63.11092  What testing and monitoring requirements must I meet?

    (a) Each owner or operator of a bulk gasoline terminal subject to
the emission standard in item 1(b) of Table 2 to this subpart must
comply with the requirements in paragraphs (a) through (d) of this
section.
* * * * *
    (b) Each owner or operator of a bulk gasoline terminal subject to
the provisions of this subpart shall install, calibrate, certify,
operate, and maintain, according to the manufacturer's specifications,
a continuous monitoring system (CMS) while gasoline vapors are
displaced to the vapor processor systems, as specified in paragraphs
(b)(1) through (5) of this section.
    (1) For each performance test conducted under paragraph (a)(1) of
this section, the owner or operator shall determine a monitored
operating parameter value for the vapor processing system using the
procedures specified in paragraphs (b)(1)(i) through (iv) of this
section. During the performance test, continuously record the operating
parameter as specified under paragraphs (b)(1)(i) through (iv) of this
section.
* * * * *
    (i) * * *
    (B) * * *
    (2) * * *
    (ii) The owner or operator shall verify, during each day of
operation of the loading rack, the proper valve sequencing, cycle time,
gasoline flow, purge air flow, and operating temperatures. Verification
shall be through visual observation or through an automated alarm or
shutdown system that monitors system operation. A manual or electronic
record of the start and end of a shutdown event may be used.
    (iii) The owner or operator shall perform semi-annual preventive
maintenance inspections of the carbon adsorption system, including the
automated alarm or shutdown system for those units so equipped,
according to the recommendations of the manufacturer of the system.
* * * * *
    (iii) * * *
    (B) * * *
    (1) The presence of a thermal oxidation system pilot flame shall be
monitored using a heat-sensing device, such as an ultraviolet beam
sensor or a thermocouple, installed in proximity of the pilot light to
indicate the presence of a flame. The monitor shall show a positive
parameter value to indicate that the pilot flame is on, or a negative
parameter value to indicate that the pilot flame is off.
* * * * *
    (2) * * *
    (ii) The owner or operator shall verify, during each day of
operation of the loading rack, the proper operation of the assist-air
blower and the vapor line valve. Verification shall be through visual
observation or through an automated alarm or shutdown system that
monitors system operation. A manual or electronic record of the start
and end of a shutdown event may be used.
    (iii) The owner or operator shall perform semi-annual preventive
maintenance inspections of the thermal oxidation system, including the
automated alarm or shutdown system for those units so equipped,
according to the recommendations of the manufacturer of the system.
* * * * *
    (g) Conduct of performance tests. Performance tests conducted for
this subpart shall be conducted under such conditions as the
Administrator specifies to the owner or operator based on
representative performance (i.e., performance based on normal operating
conditions) of the affected source. Upon request, the owner or operator
shall make available to the Administrator such records as may be
necessary to determine the conditions of performance tests.
    8. Section 63.11095 is amended by adding a new paragraph (a)(4) to
read as follows:

Sec.  63.11095  What are my reporting requirements?

    (a) * * *
    (4) For storage vessels complying with Sec.  63.11087(b) after
January 10, 2011, the storage vessel's Notice of Compliance Status
information can be included in the next semi-annual compliance report
in lieu of filing a separate Notification of Compliance Status report
under Sec.  63.11093.
* * * * *
    9. Section 63.11100 is amended by:
    a. Adding, in alphabetical order, new definitions of ``gasoline,''
``gasoline storage tank or vessel,'' and ``surge control tank or
vessel''; and
    b. Revising the definitions of ``bulk gasoline plant'' and ``vapor-
tight gasoline cargo tank'' to read as follows:

Sec.  63.11100  What definitions apply to this subpart?

* * * * *
    Bulk gasoline plant means any gasoline storage and distribution
facility that receives gasoline by pipeline, ship or barge, or cargo
tank and subsequently loads the gasoline into gasoline cargo tanks for
transport to gasoline dispensing facilities, and has a gasoline
throughput of less than 20,000 gallons per day. Gasoline throughput
shall be the maximum calculated design throughput as may be limited by
compliance with an enforceable condition under Federal, State, or local
law and discoverable by the Administrator and any other person.
* * * * *
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or
greater which is used as a fuel for internal combustion engines.
* * * * *
    Gasoline storage tank or vessel means each tank, vessel, reservoir,
or container used for the storage of gasoline, but does not include:
    (1) Frames, housing, auxiliary supports, or other components that
are not directly involved in the containment of gasoline or gasoline
vapors; or
    (2) Subsurface caverns or porous rock reservoirs.
* * * * *
    Surge control tank or vessel means, for the purposes of this
subpart, those tanks or vessels used only for controlling pressure in a
pipeline system during surges or other variations from normal
operations.
* * * * *
    Vapor-tight gasoline cargo tank means a gasoline cargo tank which
has demonstrated within the 12 preceding months that it meets the
annual certification test requirements in Sec.  63.11092(f).
    10. Table 1 to Subpart BBBBBB of Part 63 is revised to read as
follows:

 Table 1 to Subpart BBBBBB of Part 63--Applicability Criteria, Emission
           Limits, and Management Practices for Storage Tanks
------------------------------------------------------------------------
  If you own or operate . . .              Then you must . . .
------------------------------------------------------------------------
1. A gasoline storage tank      Equip each gasoline storage tank with a
 meeting either of the           fixed roof that is mounted to the
 following conditions: (i) a     storage tank in a stationary manner,
 capacity of less than 75        and maintain all openings in a closed
 cubic meters (m\3\); or (ii)    position at all times when not in use.
 a capacity of less than 151
 m\3\ and a gasoline
 throughput of 480 gallons per
 day or less. Gallons per day
 is calculated by summing the
 current day's throughput,
 plus the throughput for the
 previous 364 days, and then
 dividing that sum by 365.
2. A gasoline storage tank      Do the following: (a) Reduce emissions
 with a capacity of greater      of total organic HAP or TOC by 95
 than or equal to 75 m\3\ and    weight-percent with a closed vent
 not meeting any of the          system and control device as specified
 criteria specified in item 1.   in Sec.   60.112b(a)(3) of this
 of this Table.                  chapter; or
                                (b) Equip each internal floating roof
                                 gasoline storage tank according to the
                                 requirements in Sec.   60.112b(a)(1) of
                                 this chapter, except for the secondary
                                 seal requirements under Sec.
                                 60.112b(a)(1)(ii)(B), Sec.
                                 60.112b(a)(1)(iv) through (ix), and
                                 Sec.   63.1063(a)(1)(i)(C) and (D) of
                                 this chapter; and
                                (c) Equip each external floating roof
                                 gasoline storage tank according to the
                                 requirements in Sec.   60.112b(a)(2) of
                                 this chapter, except that the
                                 requirements of Sec.
                                 60.112b(a)(2)(ii) of this chapter shall
                                 only be required if such storage tank
                                 does not currently meet the
                                 requirements of Sec.   60.112b(a)(2)(i)
                                 of this chapter; or
                                (d) Equip and operate each internal and
                                 external floating roof gasoline storage
                                 tank according to the applicable
                                 requirements in Sec.   63.1063(a)(1)
                                 and (b), and equip each external
                                 floating roof gasoline storage tank
                                 according to the requirements of Sec.
                                 63.1063(a)(2) if such storage tank does
                                 not currently meet the requirements of
                                 Sec.   63.1063(a)(1).
3. A surge control tank.......  Equip each surge control tank with a
                                 fixed roof that is mounted to the tank
                                 in a stationary manner and with a
                                 pressure/vacuum vent with a positive
                                 cracking pressure of no less than 0.50
                                 inches of water. Maintain all openings
                                 in a closed position at all times when
                                 not in use.
------------------------------------------------------------------------

    11. Table 2 to Subpart BBBBBB of Part 63 is revised to read as
follows:

 Table 2 to Subpart BBBBBB of Part 63--Applicability Criteria, Emission
           Limits, and Management Practices for Loading Racks
------------------------------------------------------------------------
  If you own or operate . . .              Then you must . . .
------------------------------------------------------------------------
1. A bulk gasoline terminal     (a) Equip your loading rack(s) with a
 loading rack(s) with a          vapor collection system designed to
 gasoline throughput (total of   collect the TOC vapors displaced from
 all racks) of 250,000 gallons   cargo tanks during product loading; and
 per day, or greater. Gallons   (b) Reduce emissions of TOC to less than
 per day is calculated by        or equal to 80 mg/l of gasoline loaded
 summing the current day's       into gasoline cargo tanks at the
 throughput, plus the            loading rack; and
 throughput for the previous    (c) Design and operate the vapor
 364 days, and then dividing     collection system to prevent any TOC
 that sum by 365.                vapors collected at one loading rack
                                 from passing to another loading rack;
                                 and
                                (d) Limit the loading of gasoline into
                                 gasoline cargo tanks that are vapor
                                 tight using the procedures specified in
                                 Sec.   60.502(e) through (j) of this
                                 chapter. For the purposes of this
                                 section, the term ``tank truck'' as
                                 used in Sec.   60.502(e) through (j) of
                                 this chapter means ``cargo tank'' as
                                 defined in Sec.   63.11100.

2. A bulk gasoline terminal     (a) Use submerged filling with a
 loading rack(s) with a          submerged fill pipe that is no more
 gasoline throughput (total of   than 6 inches from the bottom of the
 all racks) of less than         cargo tank.
 250,000 gallons per day.       (b) Make records available within 24
 Gallons per day is calculated   hours of a request by the Administrator
 by summing the current day's    to document your gasoline throughput.
 throughput, plus the
 throughput for the previous
 364 days, and then dividing
 that sum by 365.
------------------------------------------------------------------------

    12. Table 3 to Subpart BBBBBB of Part 63 is amended by revising the
entries for Sec. Sec.  63.7(e)(1), 63.7(e)(3), 63.8(c)(1), 63.9(h), and
63.10(b)(2) to read as follows:

                    Table 3 to Subpart BBBBBB of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                Applies to subpart
          Citation                     Subject                 Brief description                 BBBBBB
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63.7(e)(1)..................  Conditions for Conducting  Performance test must be       No, Sec.   63.11092(g)
                               Performance Tests.         conducted under                specifies conditions
                                                          representative conditions.     for conducting
                                                                                performance tests.

                                                  * * * * * * *
Sec.   63.7(e)(3)...........  Test Run Duration........  Must have three test runs of   Yes, except for testing
                                                          at least 1 hour each;          conducted under Sec.
                                                          compliance is based on         63.11092(a).
                                                          arithmetic mean of three
                                                          runs; conditions when data
                                                          from an additional test run
                                                          can be used.

                                                  * * * * * * *
Sec.   63.8(c)(1)(i)-(iii)..  Operation and maintenance  Must maintain and operate      No.
                               of continuous monitoring   each CMS as specified in
                               systems.                   Sec.   63.6(e)(1); must keep
                                                          parts for routine repairs
                                                          readily available; must
                                                          develop a written startup,
                                                          shutdown, and malfunction
                                                          plan for CMS as specified in
                                                          Sec.   63.6(e)(3).

                                                  * * * * * * *
Sec.   63.9(h)(1)-(6).......  Notification of            Contents due 60 days after     Yes, except as specified
                               Compliance Status.         end of performance test or     in Sec.
                                                          other compliance               63.11095(a)(4); also,
                                                          demonstration, except for      there are no opacity
                                                          opacity/VE, which are due 30   standards.
                                                          days after; when to submit
                                                          to Federal vs. State
                                                          authority.

                                                  * * * * * * *
Sec.   63.10(b)(2)(i)-(iv)..  Records Related to SSM...  Occurrence of each for         No.
                                                          operations (process
                                                          equipment); occurrence of
                                                          each malfunction of air
                                                          pollution control equipment;
                                                          maintenance on air pollution
                                                          control equipment; actions
                                                          during SSM.

                                                  * * * * * * *
Sec.   63.10(d)(5)..........  SSM Reports..............  Contents and submission......  No.

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

Subpart CCCCCC--[Amended]

    13. Section 63.11111 is amended as follows:
    a. By revising paragraph (e);
    b. By revising paragraph (g); and
    c. By adding new paragraphs (h) through (k) to read as follows:

Sec.  63.11111  Am I subject to the requirements in this subpart?

* * * * *
    (e) An affected source shall, upon request by the Administrator,
demonstrate that their monthly throughput is less than the 10,000-
gallon or the 100,000-gallon threshold level, as applicable. For new or
reconstructed affected sources, as specified in Sec.  63.11112(b) and
(c), recordkeeping to document monthly throughput must begin upon
startup of the affected source. For existing sources, as specified in
Sec.  63.11112(d), recordkeeping to document monthly throughput must
begin on January 10, 2008. Records required under this paragraph shall
be kept for a period of 5 years.
* * * * *
    (g) The loading of aviation gasoline into storage tanks at
airports, and the subsequent transfer of aviation gasoline within the
airport, is not subject to this subpart.
    (h) Monthly throughput is the total volume of gasoline loaded into,
or dispensed from, all the gasoline storage tanks located at a single
affected GDF. If an area source has two or more GDF at separate
locations within the area source, each GDF is treated as a separate
affected source.
    (i) If your affected source's throughput ever exceeds an applicable
throughput threshold, the affected source will remain subject to the
requirements for sources above the threshold even if the affected
source throughput later falls below the applicable throughput
threshold.

    (j) The dispensing of gasoline from a fixed gasoline storage tank
at a GDF into a portable gasoline tank for the on-site delivery and
subsequent dispensing of the gasoline into the fuel tank of a motor
vehicle or other gasoline-fueled engine or equipment used at the area
source is subject to Sec.  63.11116 of this subpart.
    (k) For any affected source subject to the provisions of this
subpart and another Federal rule, you may elect to comply only with the
more stringent provisions of the applicable subparts. You must consider
all provisions of the rules, including monitoring, recordkeeping, and
reporting. You must identify the affected source and provisions with
which you will comply in your Notification of Compliance Status (NOCS)
required under Sec.  63.11124. You also must demonstrate in your NOCS
that each provision with which you will comply is at least as stringent
as the otherwise applicable requirements in this subpart. You are
responsible for making accurate determinations concerning the more
stringent provisions, and noncompliance with this rule is not excused
if it is later determined that your determination was in error and, as
a result, you are violating this subpart. Compliance with this rule is
your responsibility and the NOCS does not alter or affect that
responsibility.
    14. Section 63.11113 is amended by revising paragraph (c) and
adding a new paragraph (e) to read as follows:

Sec.  63.11113  When do I have to comply with this subpart?

* * * * *
    (c) If you have an existing affected source that becomes subject to
the control requirements in this subpart because of an increase in the
monthly throughput, as specified in Sec.  63.11111(c) or (d), you must
comply with the standards in this subpart no later than 3 years after
the affected source becomes subject to the control requirements in this
subpart.
* * * * *
    (e) The initial compliance demonstration test required under Sec.
63.11120(a)(1) and (2) must be conducted as specified in paragraphs
(e)(1) and (2) of this section.
    (1) If you have a new or reconstructed affected source, you must
conduct the initial compliance test upon installation of the complete
vapor balance system.
    (2) If you have an existing affected source, you must conduct the
initial compliance test as specified in paragraphs (e)(2)(i) or
(e)(2)(ii) of this section.
    (i) For vapor balance systems installed on or before December 15,
2009, you must test no later than 180 days after the applicable
compliance date specified in paragraphs (b) or (c) of this section.
    (ii) For vapor balance systems installed after December 15, 2009,
you must test upon installation of the complete vapor balance system.
    15. Section 63.11116 is amended by adding a new paragraph (d) to
read as follows:

Sec.  63.11116  Requirements for facilities with monthly throughput of
less than 10,000 gallons of gasoline.

* * * * *
    (d) Portable gasoline containers that meet the requirements of 40
CFR part 59, subpart F, are considered acceptable for compliance with
paragraph (a)(3) of this section.
    16. Section 63.11117 is amended by revising paragraph (b) to read
as follows:

Sec.  63.11117  Requirements for facilities with monthly throughput of
10,000 gallons of gasoline or more.

* * * * *
    (b) Except as specified in paragraph (c) of this section, you must
only load gasoline into storage tanks at your facility by utilizing
submerged filling, as defined in Sec.  63.11132, and as specified in
paragraphs (b)(1), (b)(2), or (b)(3) of this section. The applicable
distances in paragraphs (b)(1) and (2) shall be measured from the point
in the opening of the submerged fill pipe that is the greatest distance
from the bottom of the storage tank.
    (1) Submerged fill pipes installed on or before November 9, 2006,
must be no more than 12 inches from the bottom of the tank.
    (2) Submerged fill pipes installed after November 9, 2006, must be
no more than 6 inches from the bottom of the tank.
    (3) Submerged fill pipes not meeting the specifications of
paragraphs (b)(1) or (2) of this section are allowed if the owner or
operator can demonstrate that the liquid level in the tank is always
above the entire opening of the fill pipe. Documentation providing such
demonstration must be made available for inspection by the
Administrator's delegated representative during the course of a site
visit.
* * * * *
    17. Section 63.11120 is amended by revising paragraph (a)
introductory text and by adding a new paragraph (c) to read as follows:

Sec.  63.11120  What testing and monitoring requirements must I meet?

    (a) Each owner or operator, at the time of installation, as
specified in Sec.  63.11113(e), of a vapor balance system required
under Sec.  63.11118(b)(1), and every 3 years thereafter, must comply
with the requirements in paragraphs (a)(1) and (2) of this section.
* * * * *
    (c) Conduct of performance tests. Performance tests conducted for
this subpart shall be conducted under such conditions as the
Administrator specifies to the owner or operator based on
representative performance (i.e., performance based on normal operating
conditions) of the affected source. Upon request, the owner or operator
shall make available to the Administrator such records as may be
necessary to determine the conditions of performance tests.
    18. Section 63.11124 is amended by revising the first sentence in
paragraph (a)(2) and the first sentence in (b)(2) to read as follows:

Sec.  63.11124  What notifications must I submit and when?

    (a) * * *
    (2) You must submit a Notification of Compliance Status to the
applicable EPA Regional Office and the delegated State authority, as
specified in Sec.  63.13, in accordance with the schedule specified in
Sec.  63.9(h), unless you meet the requirements in paragraph (a)(3) of
this section. * * *
* * * * *
    (b) * * *
    (2) You must submit a Notification of Compliance Status to the
applicable EPA Regional Office and the delegated State authority, as
specified in Sec.  63.13, in accordance with the schedule specified in
Sec.  63.9(h). * * *
* * * * *
    19. Section 63.11125 is amended by adding a new paragraph (c) to
read as follows:

Sec.  63.11125  What are my recordkeeping requirements?

* * * * *
    (c) Each owner or operator of a gasoline cargo tank subject to the
management practices in Table 2 to this subpart must keep records
documenting vapor tightness testing for a period of 5 years.
Documentation must include each of the items specified in Sec.
63.11094(b)(i) through (viii). Records of vapor tightness testing must
be retained as specified in either paragraph (c)(1) or paragraph (c)(2)
of this section.
    (1) The owner or operator must keep all vapor tightness testing
records with the cargo tank.
    (2) As an alternative to keeping all records with the cargo tank,
the owner or operator may comply with the requirements of paragraphs
(c)(2)(i) and (ii) of this section.

    (i) The owner or operator may keep records of only the most recent
vapor tightness test with the cargo tank and keep records for the
previous 4 years at their office or another central location.
    (ii) Vapor tightness testing records that are kept at a location
other than with the cargo tank must be instantly available (e.g., via
e-mail or facsimile) to the Administrator's delegated representative
during the course of a site visit or within a mutually agreeable time
frame. Such records must be an exact duplicate image of the original
paper copy record with certifying signatures.
    20. Section 63.11132 is amended as follows:
    a. By adding, in alphabetical order, the definitions of
``gasoline,'' ``motor vehicle,'' ``nonroad engine,'' ``nonroad
vehicle,'' and ``vapor-tight gasoline cargo tank''; and
    b. By revising, in alphabetical order, the definitions of
``gasoline cargo tank,'' ``gasoline dispensing facility,'' and
``monthly throughput'' to read as follows:

Sec.  63.11132  What definitions apply to this subpart?

* * * * *
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or
greater which is used as a fuel for internal combustion engines.
    Gasoline cargo tank means a delivery tank truck or railcar which is
loading or unloading gasoline or which has loaded or unloaded gasoline
on the immediately previous load.
    Gasoline dispensing facility (GDF) means any stationary facility
which dispenses gasoline into the fuel tank of a motor vehicle, motor
vehicle engine, nonroad vehicle, or nonroad engine, including a nonroad
vehicle or nonroad engine used solely for competition. These facilities
include, but are not limited to, facilities that dispense gasoline into
on- and off-road, street, or highway motor vehicles, lawn equipment,
boats, test engines, landscaping equipment, generators, pumps, and
other gasoline-fueled engines and equipment.
    Monthly throughput means the total volume of gasoline that is
loaded into, or dispensed from, all gasoline storage tanks at each GDF
during a month. Monthly throughput is calculated by summing the volume
of gasoline loaded into, or dispensed from, all gasoline storage tanks
at each GDF during the current day, plus the total volume of gasoline
loaded into, or dispensed from, all gasoline storage tanks at each GDF
during the previous 364 days, and then dividing that sum by 12.
    Motor vehicle means any self-propelled vehicle designed for
transporting persons or property on a street or highway.
    Nonroad engine means an internal combustion engine (including the
fuel system) that is not used in a motor vehicle or a vehicle used
solely for competition, or that is not subject to standards promulgated
under section 7411 of this title or section 7521 of this title.
    Nonroad vehicle means a vehicle that is powered by a nonroad engine
and that is not a motor vehicle or a vehicle used solely for
competition.
* * * * *
    Vapor-tight gasoline cargo tank means a gasoline cargo tank which
has demonstrated within the 12 preceding months that it meets the
annual certification test requirements in Sec.  63.11092(f) of this
part.
    21. Table 1 to Subpart CCCCCC of Part 63 is amended by adding a
footnote 1 to the heading, and by revising entry 2. to read as follows:

    Table 1 to Subpart CCCCCC of Part 63--Applicability Criteria and
  Management Practices for Gasoline Dispensing Facilities With Monthly
          Throughput of 100,000 Gallons of Gasoline or More \1\
------------------------------------------------------------------------
      If you own or operate . . .              Then you must . . .
------------------------------------------------------------------------

                              * * * * * * *
2. A new or reconstructed GDF, or any    Equip your gasoline storage
 storage tank(s) constructed after        tanks with a dual-point vapor
 November 9, 2006, at an existing         balance system, as defined in
 affected facility subject to Sec.        Sec.   63.11132, and comply
 63.11118.                                with the requirements of item
                                          1 in this Table.
------------------------------------------------------------------------
\1\ The management practices specified in this Table are not applicable
  if you are complying with the requirements in Sec.   63.11118(b)(2),
  except that if you are complying with the requirements in Sec.
  63.11118(b)(2)(i)(B), you must operate using management practices at
  least as stringent as those listed in this Table.

    22. Table 2 to Subpart CCCCCC of Part 63 is amended by revising
entry (vi) to read as follows:

    Table 2 to Subpart CCCCCC of Part 63--Applicability Criteria and
   Management Practices for Gasoline Cargo Tanks Unloading at Gasoline
   Dispensing Facilities With Monthly Throughput of 100,000 Gallons of
                            Gasoline or More
------------------------------------------------------------------------
      If you own or operate . . .              Then you must . . .
------------------------------------------------------------------------

                              * * * * * * *
                                         (vi) The filling of storage
                                          tanks at GDF shall be limited
                                          to unloading from vapor-tight
                                          gasoline cargo tanks.
                                          Documentation that the cargo
                                          tank has met the
                                          specifications of EPA Method
                                          27 shall be carried with the
                                          cargo tank, as specified in
                                          Sec.   63.11125(c).
------------------------------------------------------------------------

    23. Table 3 to Subpart CCCCCC of Part 63 is amended by revising the
entries for Sec. Sec.  63.5, 63.7(e)(1), 63.8(c)(1), 63.10(d)(5),
63.10(e)(3)(i)-(iii), and 63.10(e)(3)(iv)-(v) to read as follows:

                    Table 3 to Subpart CCCCCC of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                Applies to subpart
             Citation                       Subject               Brief description               CCCCCC
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.5.......................  Construction/            Applicability;               Yes, except that these
                                     Reconstruction.          applications; approvals.     notifications are not
                                                                                required for
                                                                                facilities subject to
                                                                                Sec.   63.11116.

                                                  * * * * * * *
63.7(e)(1)........................  Conditions for           Performance test must be     No, Sec.   63.11120(c)
                                     Conducting Performance   conducted under              specifies conditions
                                     Tests.                   representative conditions.   for conducting
                                                                                performance tests.

                                                  * * * * * * *
Sec.   63.8(c)(1)(i)-(iii)........  Operation and            Must maintain and operate    No.
                                     maintenance of           each CMS as specified in
                                     continuous monitoring    Sec.   63.6(e)(1); must
                                     systems.                 keep parts for routine
                                                              repairs readily available;
                                                              must develop a written
                                                              startup, shutdown, and
                                                              malfunction plan for CMS
                                                              as specified in Sec.
                                                              63.6(e)(3).

                                                  * * * * * * *
Sec.   63.10(d)(5)................  SSM Reports............  Contents and submission....  No.

                                                  * * * * * * *
Sec.   63.10(e)(3)(i)-(iii).......  Reports................  Schedule for reporting       No.
                                                              excess emissions.
Sec.   63.10(e)(3)(iv)-(v)........  Excess Emissions         Requirement to revert to     No.
                                     Reports.                 quarterly submission if
                                                              there is an excess
                                                              emissions and parameter
                                                              monitor exceedances (now
                                                              defined as deviations);
                                                              provision to request
                                                              semiannual reporting after
                                                              compliance for 1 year;
                                                              submit report by 30th day
                                                              following end of quarter
                                                              or calendar half; if there
                                                              has not been an exceedance
                                                              or excess emissions (now
                                                              defined as deviations),
                                                              report contents in a
                                                              statement that there have
                                                              been no deviations; must
                                                              submit report containing
                                                              all of the information in
                                                              Sec.  Sec.   63.8(c)(7)-
                                                              (8) and 63.10(c)(5)-(13).

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

[FR Doc. E9-29570 Filed 12-14-09; 8:45 am]

BILLING CODE 6560-50-P