[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Notices]
[Pages 11385-11389]
[FR Doc No: 2019-05701]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85371; File No. SR-MIAX-2019-13]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule

March 20, 2019.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on March 8, 2019, Miami International Securities
Exchange LLC (``MIAX

Options'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule (the ``Fee Schedule'') to amend the MIAX Options Fee Schedule
(the ``Fee Schedule'') to modify the manner in which the Exchange
assesses its Fees for Customer Orders Routed to Another Options
Exchange (``Routing Fees'') in order to align its Routing Fees and its
Routing Fees rule text to the Routing Fees and Routing Fees rule text
adopted by the Exchange's affiliate, MIAX PEARL, LLC (``MIAX
PEARL''),\3\ and to make a non-substantive technical correction.
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    \3\ See Securities Exchange Act Release Nos. 80061 (February 17,
2017), 82 FR 11676 (February 24, 2017) (SR-PEARL-2017-10); 82017
(November 6, 2017), 82 FR 52342 (November 13, 2017) (SR-PEARL-2017-
36). See also SR-PEARL-2019-06 (Proposal to amend the routing fee
table, filed on February 28, 2019).
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    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings, at MIAX's principal
office, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Currently, the Exchange assesses a Routing Fee to market
participants on all Public Customer \4\ orders routed to and executed
on an away market that is equal to the amount charged by the away
market to which such orders were routed and executed. The Exchange also
pays any rebate offered by an away market. Such market participants are
also currently assessed a Fixed Fee Surcharge of $0.10 per contract by
the Exchange, which is added to the fee charged, or netted against the
rebate paid, by an away market. The Fixed Fee Surcharge applies to both
Mini and Standard Option contracts.
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    \4\ ``Public Customer'' refers to all Members of the Exchange
other than Priority Customers. ``Member'' means an individual or
organization approved to exercise the trading rights associated with
a Trading Permit. Members are deemed ``members'' under the Exchange
Act. See Exchange Rule 100. ``Priority Customer'' means a person or
entity that (i) is not a broker or dealer in securities, and (ii)
does not place more than 390 orders in listed options per day on
average during a calendar month for its own beneficial accounts(s).
See Exchange Rule 100.
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    The Exchange proposes to modify the manner in which it assesses its
Routing Fees. Specifically, the Exchange proposes to assess the amount
of the applicable fee, if any, based upon (i) the origin type of the
order, (ii) whether or not it is an order for standard option classes
in the Penny Pilot Program \5\ (``Penny classes'') or an order for
standard option classes which are not in the Penny Pilot Program
(``Non-Penny classes'') (or other explicitly identified classes), and
(iii) to which away market it is being routed. This assessment practice
is identical to the Routing Fees assessment practice currently utilized
by the Exchange's affiliate, MIAX PEARL. The purpose of the proposed
rule change is to align the Routing Fees and Routing Fees rule text of
the Exchange to the Routing Fees and Routing Fees rule text adopted by
the Exchange's affiliate, MIAX PEARL.\6\
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    \5\ See Securities Exchange Act Release No. 84864 (December 19,
2018), 83 FR 66778 (December 27, 2018) (SR-MIAX-2018-38) (extending
the Penny Pilot Program from December 31, 2018 to June 30, 2019).
    \6\ See supra note 3.
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    The Exchange also proposes to assess Routing Fees to all market
participants, not just Public Customers. The Exchange proposes to
assess Priority Customers a lower Routing Fee than its Public
Customers. The purpose of assessing Routing Fees to all market
participants including Priority Customers is to recoup the costs that
the Exchange incurs as a result of all orders which are routed away
from the Exchange, not just those incurred from Public Customer orders.
    The Exchange proposes to assess Routing Fees to all market
participants according to the following table:

------------------------------------------------------------------------
                           Description                             Fees
------------------------------------------------------------------------
Routed, Priority Customer, Penny Pilot, to: NYSE American, BOX,    $0.15
 Cboe, Cboe EDGX Options, Nasdaq MRX, Nasdaq PHLX (except SPY),
 Nasdaq BX Options..............................................
Routed, Priority Customer, Penny Pilot, to: NYSE Arca Options,      0.65
 Cboe BZX Options, Cboe C2, Nasdaq GEMX, Nasdaq ISE, NOM, Nasdaq
 PHLX (SPY only), MIAX Emerald, MIAX PEARL......................
Routed, Priority Customer, Non-Penny Pilot, to: NYSE American,      0.15
 BOX, Cboe, Cboe EDGX Options, Nasdaq ISE, Nasdaq MRX, Nasdaq
 PHLX, Nasdaq BX Options........................................
Routed, Priority Customer, Non-Penny Pilot, to: NYSE Arca           1.00
 Options, Cboe BZX Options, Cboe C2, MIAX PEARL, MIAX Emerald,
 Nasdaq GEMX, NOM...............................................
Routed, Public Customer that is not a Priority Customer, Penny      0.65
 Pilot, to: NYSE American, NYSE Arca Options, Cboe BZX Options,
 BOX, Cboe, Cboe C2, Cboe EDGX Options, Nasdaq GEMX, Nasdaq ISE,
 Nasdaq MRX, MIAX PEARL, MIAX Emerald, NOM, Nasdaq PHLX, Nasdaq
 BX Options.....................................................
Routed, Public Customer that is not a Priority Customer, Non-       1.00
 Penny Pilot, to: NYSE American, Cboe, Nasdaq PHLX, Nasdaq ISE,
 Cboe EDGX Options..............................................
Routed, Public Customer that is not a Priority Customer, Non-       1.15
 Penny Pilot, to: Cboe C2, BOX, Nasdaq MRX, Nasdaq BX Options,
 NOM, MIAX PEARL, MIAX Emerald..................................
Routed, Public Customer that is not a Priority Customer, Non-       1.25
 Penny Pilot, to: Cboe BZX Options, NYSE Arca Options, Nasdaq
 GEMX...........................................................
------------------------------------------------------------------------

    In determining its Routing Fees, the Exchange takes into account
transaction fees and rebates assessed by the away markets to which the
Exchange routes orders, as well as the Exchange's clearing costs,\7\
administrative, regulatory, and technical costs associated with routing
orders to an away market. The Exchange uses unaffiliated routing
brokers to route orders to the away markets; the costs associated with
the use of these services are included in the Routing Fees specified in
the Fee Schedule. This Routing Fees structure is not only similar to
the Exchange's affiliate, MIAX PEARL, but is also comparable to the
structures in place at other exchanges, such as Cboe BZX Options
Exchange (``BZX Options'').\8\ The BZX Options fee schedule has
exchange groupings, whereby several exchanges are grouped into the same
category, dependent on the order's origin type and whether it is a
Penny or Non-Penny Pilot class. The Exchange is proposing a similar
structure but with 8 different exchange groupings, based on the
exchange, order type, and option class; like that of MIAX PEARL. The
Exchange believes that, by having the same Routing Fees structure used
by MIAX PEARL, with more groupings, it will offer the Exchange greater
precision in covering its costs associated with routing orders to away
markets. The per-contract transaction fee amount associated with each
grouping closely approximates the Exchange's all-in cost (plus an
additional, non-material amount) to execute that corresponding contract
at that corresponding exchange. For example, to execute a Priority
Customer order in a Penny Pilot symbol at NYSE American costs the
Exchange approximately $0.15 a contract. Since this is also the
approximate cost to execute that same order at BOX, the Exchange is
able to group NYSE American and BOX together in the same grouping. The
Exchange notes that in determining the appropriate groupings, the
Exchange considers the transaction fees and rebates assessed by away
markets, and groups exchanges together that assess transaction fees for
routed orders within a similar range. This same logic and structure
applies to all of the groupings in the Routing Fees table. The Exchange
believes that the Exchange's current structure of simply passing on the
actual charge plus a mark-up can be administratively burdensome,
particularly when multiple, third-party, unaffiliated routing broker-
dealers are used to route and execute the orders at the away market.
This is because the routing broker-dealers have different billing
policies and practices, and it often can take several hours per month
reconciling trades and bills at the end of each month. By utilizing the
structure proposed by the Exchange which is currently used by MIAX
PEARL, the Exchange will know immediately the cost of the execution and
it can eliminate the administratively burdensome month end
reconciliation process, as well as provide more certainty and
transparency for execution costs to its Members for the execution of
orders that are routed to away markets. Further, those Members which
are Members of both the Exchange and MIAX PEARL will be assessed
Routing Fees in the same manner, which the Exchange believes will
minimize any confusion as to the method of assessing Routing Fees
between the two exchanges for those Members.
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    \7\ The OCC amended its clearing fee from $0.01 per contract
side to $0.02 per contract side. See Securities Exchange Act Release
No. 71769 (March 21, 2014), 79 FR 17214 (March 27, 2014) (SR-OCC-
2014-05).
    \8\ This is similar to the methodologies utilized by BZX Options
in assessing Routing Fees. See Cboe BZX Options Exchange Fee
Schedule under ``Fee Codes and Associated Fees''.
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    Additionally, the Exchange proposes to amend the title of Section
(1)(c) of the Fee Schedule to remove the words ``and Rebate'' from the
title. The Exchange notes that the title of the Section currently reads
``Fees and Rebates for Customer Orders Routed to Another Options
Exchange.'' The routing fee table as proposed does not contain any net
rebates, therefore, as amended, the Exchange proposes for the title of
the Section to now read ``Fees for Customer Orders Routed to Another
Options Exchange.'' The Exchange believes this will add clarity and
precision with respect to the structure of its Fee Schedule.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \9\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \10\ in particular, in
that it is an equitable allocation of reasonable dues, fees, and other
charges among its members and issuers and other persons using its
facilities. The Exchange also believes the proposal furthers the
objectives of Section 6(b)(5) of the Act \11\ in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest and is not designed to permit unfair discrimination between
customers, issuers, brokers and dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
    \11\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed modifications in the Fee
Schedule to the Routing Fees furthers the objectives of Section 6(b)(4)
of the Act and are equitable and reasonable and not unfairly
discriminatory because they will apply the same manner to all Members
that are subject to Routing Fees. The Exchange believes the proposed
Routing Fees are equitable and reasonable since they align the
Exchange's manner of assessing its Routing Fees with that of its
affiliate, MIAX PEARL, and those Members which are Members of both the
Exchange and MIAX PEARL will be assessed Routing Fees in the same
manner, which the Exchange believes will minimize any confusion as to
the method of assessing Routing Fees between the two exchanges for
those Members.
    The Exchange believes that the proposed Routing Fees furthers the
objectives of Section 6(b)(5) of the Act and are designed to promote
just and equitable principles of trade and are not unfairly
discriminatory because they seek to recoup costs that are incurred by
the Exchange when routing orders to away markets on behalf of Members.
Each destination market's transaction charge varies and there is a cost
incurred by the Exchange when routing orders to away markets. The costs
to the Exchange primarily include transaction fees assessed by the away
markets to which the Exchange routes orders, in addition to the
Exchange's clearing costs, administrative, regulatory and technical
costs associated with routing options. The Exchange believes that the
proposed Routing Fees would better enable the Exchange to recover the
costs it incurs to route orders to away markets in addition to
transaction fees assessed to market participants for the execution of
orders by the away market. The Exchange believes the proposed changes
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest. In
particular, the Exchange believes that the proposed changes will
provide greater clarity to Members and the public regarding the
Exchange's Rules. It is in the public

interest for rules to be accurate and concise so as to eliminate the
potential for confusion. By utilizing the structure proposed by the
Exchange, the Exchange will know immediately the cost of the execution
and it can eliminate the administratively burdensome month end
reconciliation process, as well as provide more certainty and
transparency for execution costs to its Members for the execution of
orders that are routed to away markets. Further, those Members which
are Members of both the Exchange and MIAX PEARL will be assessed
Routing Fees in the same manner which the Exchange believes will
minimize any confusion as to the method of assessing Routing Fees
between the two exchanges for those Members.
    Further, the Exchange believes that modifying the manner in which
it assesses its Routing Fees by grouping exchanges together that assess
transaction fees and rebates for routed orders within a similar range
is reasonable and not unfairly discriminatory. Specifically, the
Exchange believes that the Exchange's current structure of assessing a
Fixed Fee Surcharge of $0.10 per contract by the Exchange, which is
added to the fee charged, or netted against the rebate paid, by an away
market can be administratively burdensome, particularly when multiple,
third-party, unaffiliated routing broker-dealers are used to route and
execute the orders at the away market. This is because the routing
broker-dealers have different billing policies and practices, and it
often can take several hours per month reconciling trades and bills at
the end of each month. By utilizing the structure proposed by the
Exchange which is currently used by MIAX PEARL, the Exchange will know
immediately the cost of the execution and it can eliminate the
administratively burdensome month end reconciliation process, as well
as provide more certainty and transparency for execution costs to its
Members for the execution of orders that are routed to away markets.
The Exchange believes it is reasonable, equitable, and not unfairly
discriminatory to eliminate passing through any rebate amount (that is,
netting the rebate against the Exchange's $0.10 charge), as the amount
of any such rebate was negligible. The Exchange notes that because the
amount of volume that the Exchange routes to away markets is de
minimis, the Exchange does not receive the higher rebate amounts
offered in the higher tiers of the away markets. Therefore, eliminating
that rebate is reasonable because the amount was immaterial. Further,
those Members which are Members of both the Exchange and MIAX PEARL
will be assessed Routing Fees in the same manner, which the Exchange
believes will minimize any confusion as to the method of assessing
Routing Fees between the two exchanges for those Members. Additionally,
the Exchange notes that it will continue to monitor the transaction
fees and rebates assessed by the away market to determine the
appropriate exchange groupings within which to group the away markets.
    In addition, the Exchange believes that it is equitable and not
unfairly discriminatory to assess lower routing fees to Priority
Customer orders than to Public Customer orders. A Priority Customer is
by definition not a broker or dealer in securities, and does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). The routing fees for
Priority Customer orders are based on the fees charged by the away
market for the execution of such orders, therefore it is reasonable and
appropriate for the routing fees to be lower than the routing fees for
Public Customer orders, as this is the fee construct at the away
markets.
    Lastly, the Exchange believes that the proposed non-substantive,
technical correction furthers the objectives of Section 6(b)(4) of the
Act and 6(b)(5) of the Act in that the change is equitable and
reasonable and not unfairly discriminatory because this proposal is
intended only as a technical correction to update to the title of
Section (1)(c) of the Fee Schedule to accurately reflect that this
Section is a fee and not a rebate, which does not have any substantive
impact on the Routing Fees. The Exchange believes making this technical
correction promotes just and equitable principles of trade, fosters
cooperation and coordination with persons engaged in facilitating
transactions in securities, and protects investors and the public
interest, because it would eliminate any potential confusion as a
result of wording that is no longer applicable. It is in the public
interest for rules to be accurate and concise so as to eliminate the
potential for confusion.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange's proposed Routing
Fees are similar in structure to those assessed by its affiliate, MIAX
PEARL, and are similar in structure and are comparable to routing fees
charged by other options exchanges.\12\ The Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its rebates and fees to remain competitive with
other exchanges and to attract order flow. The Exchange believes that
the proposed rule change reflects this competitive environment because
it modifies the Exchange's fees in a manner that encourages market
participants to continue to provide liquidity and to send order flow to
the Exchange. Further, the Exchange does not believe that the technical
correction to the routing fee table will impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of the Act because the proposal is intended to eliminate any potential
confusion as a result of wording that is no longer applicable. In doing
so, the proposed rule change will also serve to promote clarity and
consistency in the Exchange's Fee Schedule.
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    \12\ See supra note 8.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\13\ and Rule 19b-4(f)(2) \14\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2019-13 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2019-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2019-13 and should be submitted on
or before April 16, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-05701 Filed 3-25-19; 8:45 am]
BILLING CODE 8011-01-P


SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Metal Can Manufacturing Surface Coating (40 CFR Part 63,
Subpart KKKK) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Metal Can Manufacturing Surface Coating (40 CFR Part 63,
Subpart KKKK) (Renewal), EPA ICR Number 2079.04, OMB Control Number
2060-0541

1(b)  Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Metal Can Manufacturing Surface Coating, published at 40 CFR part
63, subpart KKKK, were proposed on January 15, 2003, and promulgated on
November 13, 2003.  These regulations apply to facilities that perform
surface coating operations on metal cans.  Metal can manufacturing
surface coating operations include any facilities that coat or print
metal cans or metal can parts (e.g., metal ends for composite cans).
The source category also includes the coating/printing of metal
decorative tins, crowns, and closures, except for coil coating.
Regulated activities include the coating/printing of metal sheets for
subsequent processing into cans or can parts, but not the coating of
metal coils for cans or can parts.  This information is being collected
to assure compliance with 40 CFR part 63, subpart KKKK.

In general, all NESHAP standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities.  They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative.  These notifications, reports, and
records are essential in determining compliance, and are required of all
affected facilities subject to NESHAP.

Any owner or operator subject to the provisions of this part shall
maintain a file of these measurements, and retain the file for at least
five years following the date of such measurements, maintenance reports,
and records.  All reports are sent to the delegated state or local
authority.  In the event that there is no such delegated authority, the
reports are sent directly to the United States Environmental Protection
Agency (EPA) regional office.

Based on our consultations with industry representatives, there is an
average of one affected facility at each plant site and that each plant
site has only one respondent (i.e., the owner/operator of the plant
site).

Over the next three years, an average of 71 respondents per year will be
subject to the standard, and zero additional respondents per year will
become subject to the standard.

The Office of Management and Budget (OMB) approve the currently active
Information Collection Request (ICR) with the following “Terms of
Clearance" (TOC):

The burden and cost assumptions and calculations for the respondents and
the agency should be updated in the next renewal.

EPA has addressed each item of concern in the TOC by updating respondent
assumptions using September 2009 labor rates from the United States
Department of Labor, Bureau of Labor Statistics.  Agency assumptions
were updated using the Office of Personnel Management (OPM), 2010
General Schedule for Agency labor.  Respondent and Agency cost
assumptions are provided in Sections 6(b)(i) and 6(c) of this document.

The term, “Affected Public”, applies to private sector businesses or
other for-profits that manufacture metal cans.  The burden to the
“Affected Public” may be found below in Table 1: Annual Respondent
Burden and Cost: NESHAP for Metal Can Manufacturing Surface Coating (40
CFR Part 63, Subpart KKKK) (Renewal).   The burden to the “Federal
government” is attributed entirely to work performed by Federal
employees or government contractors, and may be found below in Table 2:
Annual Agency Burden and Cost: NESHAP for Metal Can Manufacturing
Surface Coating (40 CFR Part 63, Subpart KKKK) (Renewal).

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 112 of the Clean Air Act, as amended,
to establish standards of performance for each category or subcategory
of major sources and area sources    of hazardous air pollutants HAP).
These standards are applicable to new or existing sources of hazardous
air pollutants and shall require the maximum degree of emission
reduction.  In addition, section 114(a) states that the Administrator
may require any owner or operator subject to any requirement of this Act
to:

(A) Establish and maintain such records; (B) make such reports; (C)
install, use, and maintain such monitoring equipment, and use such audit
procedures, or methods; (D) sample such emissions (in accordance with
such procedures or methods, at such locations, at such intervals, during
such periods, and in such manner as the Administrator shall prescribe);
(E) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is
impractical; (F) submit compliance certifications in accordance with
Section 114(a)(3); and (G) provide such other information as the
Administrator may reasonably require.

In the Administrator's judgment, HAP emissions from metal can
manufacturing operations cause or contribute to air pollution that may
reasonably be anticipated to endanger public health or welfare.
Therefore, NESHAP for this source category were promulgated at 40 CFR
part 63, subpart KKKK.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards ensure
compliance with the applicable regulations which where promulgated in
accordance with the Clean Air Act.  The collected information is also
used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected
facility’s initial capability to comply with the emission standards.
Continuous emission monitors (CEMS) are used to ensure compliance with
the standards at all times.

The notifications required in the standards are used to inform the
Agency or delegated authority when a source becomes subject to the
requirements of the regulations.  The reviewing authority may then
inspect the source to check if the pollution control devices are
properly installed and operated and the standards are being met.  The
performance test may also be observed.

The required semiannual reports are used to determine periods of excess
emissions, identify problems at the facility, verify
operation/maintenance procedures and for compliance determinations.

The NESHAP also requires affected sources to submit a Notification of
Compliance Status which includes the performance test results.

The NESHAP requires owners or operators to develop a startup, shutdown,
and malfunction plan (SSMP), documenting procedures that will be taken
in the case of any of these events.  Other required submissions include
startup, shutdown, and malfunction reports which demonstrate that the
actions taken by an owner or operator during a startup, shutdown, or
malfunction event comply with the SSMP.  When actions taken are
consistent with the plan, reports are required semiannually.  When
actions taken are inconsistent with the plan, immediate reports are
required.

3.  Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part
63, subpart KKKK.

3(a)  Non-duplication

If the subject standards have not been delegated, the information is
sent directly to the appropriate EPA regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted its own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.  Therefore, no duplication
exists.

3(b)  Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (74 FR 32581) on July 8, 2009.  No
comments were received on the burden published in the Federal Register.

3(c)  Consultations

During a previous renewal of this ICR, the Agency’s industry experts
have been consulted, and the Agency internal data sources and
projections of industry growth over the next three years have been
considered.  The primary source of information as reported by industry,
in compliance with the recordkeeping and reporting provisions in the
standard, is the Air Facility System (AFS) which is operated and
maintained by the EPA Office of Compliance.  AFS is the EPA database for
the collection, maintenance, and retrieval of all compliance data.  The
growth rate for the industry is based on our consultations with the
Agency’s internal industry experts.  Approximately 71 respondents will
be subject to the standard over the three-year period covered by this
ICR.

Industry trade associations and other interested parties were provided
an opportunity to comment on the burden associated with the standard as
it was being developed, and the standard has been previously reviewed to
determine the minimum information needed for compliance purposes.

It is our policy to respond after a thorough review of comments received
since the last ICR renewal as well as those submitted in response to the
first Federal Register notice.  In this case, no comments were received.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards.
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and emission limitations are met.  If the information required
by these standards was collected less frequently, the likelihood of
detecting poor operation and maintenance of control equipment and
noncompliance would decrease.

3(e)  General Guidelines

These reporting or recordkeeping requirements do not violate any of the
regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

These standards require the respondents to maintain all records,
including reports and notifications for at least five years.  This is
consistent with the General Provisions as applied to the standards.  EPA
believes that the five-year records retention requirement is consistent
the Part 70 permit program and the five-year statute of limitations on
which the permit program is based.  The retention of records for five
years allows EPA to establish the compliance history of a source, any
pattern of non-compliance and to determine the appropriate level of
enforcement action.  EPA has found that the most flagrant violators have
violations extending beyond five years.  In addition, EPA would be
prevented from pursuing the violators due to the destruction or
nonexistence of essential records.

3(f)  Confidentiality

Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in title 40, chapter 1, part 2, subpart B -
Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR
36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43
FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

The reporting or recordkeeping requirements in the standard do not
include sensitive questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC and NAICS Codes

The respondents of the recordkeeping and reporting requirements are
owners or operators of metal can manufacturing operations.

Standard	NAICS Codes

40 CFR part 63, subpart KKKK	332431  Metal Can Manufacturing

	332115  Crown and Closure Manufacturing

	332116  Metal Stamping

	332812  Metal Coating, Engraving (except Jewelry and Silverware), and
Allied Services to Manufacturers

	332999  All Other Miscellaneous Fabricated Metal Product Manufacturing

4(b)  Information Requested

(i)  Data Items

All data in this ICR that are recorded and/or reported are required by
40 CFR part 63, subpart KKKK.

A source must make the following reports:

Notifications

Initial notification	63.3510(b), 63.5(d), 63.9(b)

Notification of compliance status	63.3510(c), 63.9(h)

Notification of construction or reconstruction	63.3510(a), 63.5

Notification of actual startup	63.3510(a), 63.9(b)

Notification of performance test	63.3510(a), 63.7(b), 63.8(e), 63.9(e)

Notification Reports

Semiannual report	63.3511(a)

Excess emissions report	63.3511(a)(4-8)

Report of performance test	63.3511(b)

Startup, shutdown, malfunction report	63.3511(c)

	A source must keep the following records:

Recordkeeping

Five year retention of records	63.3513(b), 63.10(b)

Material formulation data	63.3512(b)

Records of HAP content calculations	63.3512(c)

Copies of notifications and reports	63.3512(a)

Records of names of materials used	63.3512(d)

HAP fractions in each material used	63.3512(e)

Coating solids fraction in each material used	63.3512(f)

Density of materials used	63.3512(g)

Documentation of waste material shipped offsite	63.3512(h)

Documentation of deviations	63.3512(i)

Start-up, shutdown, and malfunction plan/records	63.3512(j), 63.6(e)

Records of continuous compliance with operating limits	63.3512(j)

Documentation of capture system efficiency determination	63.3512(j)

Documentation of add-on control device destruction or removal efficiency
determination	63.3512(j)

Documentation of control device performance tests	63.3512(j), 63.10(b)

Determination of capture system and add-on control operating limits
63.3512(j)

Work practice plan/records	63.3512(j)

Electronic Reporting

Some of the respondents are using monitoring equipment that
automatically records parameter data.  Although personnel at the
affected facility must still evaluate the data, internal automation has
significantly reduced the burden associated with monitoring and
recordkeeping at a plant site.

In addition, regulatory agencies, in cooperation with the respondents,
continue to create reporting systems to transmit data electronically.
However, electronic reporting systems are still not widely used.  At
this time, it is estimated that approximately 10 percent of the
respondents use electronic reporting.

ii.  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate CMS for temperature, for gas
flow, or for pressure drop for oxidizer, carbon adsorber, condenser,
concentrator, or capture system.

Perform initial performance test, Reference Method 1, 1A, 2, 2A, 2C, 2D,
2F, 2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A, 204B, 204C, 204D, 204E,
204F, 311, or ASTM Method D1475-98, D2697-86, D6093-97 test, and repeat
performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and
utilizing technology and systems for the purpose of collecting,
validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the
purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the
purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable
instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

5.  The Information Collected -- Agency Activities, Collection
Methodology, and Information Management

5(a)  Agency Activities

EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

Review notifications and reports including: performance test reports;
excess emissions reports; startup, shutdown, malfunction plan; and the
CMS quality control plan.

Audit facility records

Input, analyze, and maintain data in the Air Facility System (AFS).

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect
the source to determine whether the pollution control devices are
properly installed and operated.  Performance test reports are used by
the Agency to discern a source’s initial capability to comply with the
emission standard.  Data and records maintained by the respondents are
tabulated and published for use in compliance and enforcement programs.
The semiannual reports are used for problem identification, as a check
on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is
operated and maintained by the EPA Office of Compliance.  AFS is the EPA
database for the collection, maintenance, and retrieval of compliance
and annual emission inventory data for over 100,000 industrial and
government-owned facilities.  EPA uses the AFS for tracking air
pollution compliance and enforcement by local and state regulatory
agencies, EPA regional offices and EPA headquarters.  EPA and its
delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or
operator for five years.

5(c)  Small Entity Flexibility

During rulemaking for subpart KKKK, EPA identified 13 small businesses
subject to the rule.  A majority of the respondents are large entities
(i.e., large businesses).  However, the impact on small entities (i.e.,
small businesses) was taken into consideration during the development of
the regulation.  Small entities were afforded extensive flexibility in
demonstrating compliance through compliance options that give small
entities flexibility in choosing the most cost effective and least
burdensome alternative for their operation.  Due to technical
considerations involving the process operations and the types of control
equipment employed, the recordkeeping and reporting requirements are the
same for both small and large entities.  The Agency considers these to
be the minimum requirements needed to ensure compliance and, therefore,
cannot reduce them further for small entities.  To the extent that
larger businesses can use economies of scale to reduce their burden, the
overall burden will be reduced.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown below in Table 1: Annual Respondent Burden and
Cost: NESHAP for Metal Can Manufacturing Surface Coating (40 CFR Part
63, Subpart KKKK) (Renewal).

6.  Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the industry for
the subpart included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Where appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be 27,517
(Total Labor Hours from Table 1).  These hours are based on Agency
studies and background documents from the development of the regulation,
Agency knowledge and experience with the NESHAP program, the previously
approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

This ICR uses the following labor rates:

Managerial	$114.49 ($54.52 + 110%)

Technical	$98.20 ($46.76 + 110%)

Clerical	$48.53 ($23.11 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, September 2009, ”Table 2. Civilian Workers, by
Occupational and Industry group.”  The rates are from column 1,
”Total compensation.”  The rates have been increased by 110 percent
to account for the benefit packages available to those employed by
private industry.

(ii)  Estimating Capital and Operating and Maintenance Costs

This section covers the costs associated with all types of continuous
monitoring equipment (e.g., CEMS and continuous parameter monitors).
The type of industry costs associated with the information collection
activities in the subject standards are both labor costs which are
addressed elsewhere in this ICR and the costs associated with continuous
monitoring.  The capital/startup costs are one-time costs when a
facility becomes subject to the regulation.  The annual operation and
maintenance costs are the ongoing costs to maintain the monitors and
other costs such as photocopying and postage.

(iii)  Capital/Startup vs. Operating and Maintenance (O&M) Costs

Capital/Startup vs. Operating and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent	(C)

Number of New Respondents	(D)

Total Capital/Startup Cost

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M,

(E X F)

CEM	$16,000	0	$0	$1,200	71	$85,200

The total Capital/Start-up costs for this ICR are zero.  This is the
total of column D in the above table.

The total Operating and Maintenance (O&M) costs for this ICR are
$85,200.  This is the total of column G.

The average annual cost for capital/startup and operation and
maintenance costs to industry over the next three years of the ICR is
estimated to be $85,200.  The continuous monitoring costs that are
included in this section consist only of those capital/startup and O&M
costs that a source incurs as a result of the standard.  Some continuous
monitoring costs may not be included in this section.  For instance, if
a particular industry typically utilizes a control device that must have
a continuous monitor (e.g., temperature, pressure drop, etc.) to
function properly, and the recordation of additional measurements beyond
the minimum are required by the standard, then there is no
capital/startup or O&M cost, but there is a labor cost to record the
additional readings.  Such a cost would not appear in this section, but
in the industry burden Section 6(d) below.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  The EPA compliance and enforcement program
includes activities such as the examination of records maintained by the
respondents, periodic inspection of sources of emissions, and the
publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is
estimated to be $125,208.

This cost is based on the average hourly labor rate as follows:

		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)

		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)

		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM), 2010
General Schedule, which excludes locality rates of pay.  The rates have
been increased by 60 percent to account for the benefit packages
available to government employees.  Details upon which this estimate is
based appear below in Table 2: Annual Respondent Burden and Cost: NESHAP
for Metal Can Manufacturing Surface Coating (40 CFR part 63, subpart
KKKK) (Renewal).

6(d)  Estimating the Respondent Universe and Total Burden and Costs

Based on our research for this ICR, there are approximately 71 existing
sources currently subject to the standard.  It is estimated that an
additional zero sources per year will become subject to the regulation
in the next three years.

Number of respondents is calculated using the following table which
addresses the three years covered by this ICR.

Number of Respondents

Year	(A)

Number of New Respondents 	(B)

Number of Existing Respondents	(C)

Number of Respondents That Keep Records But Do Not Submit Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	0	71	0	0	71

2	0	71	0	0	71

3	0	71	0	0	71

Average	0	71	0	0	71

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 71.

The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(BxC)+D

Initial notification	0	1	0	0

Notification of compliance status	0	1	0	0

Notification of construction/reconstruction	0	1	0	0

Notification of actual startup 	0	1	0	0

Notification of performance test 	0	1.2	0	0

Report of performance test	0	1.2	0	0

Semiannual report 	71	2	0	142

Excess emissions report	71	2	0	142

Startup, shutdown, malfunction report	18	1	0	18

	Total	302

The number of Total Annual Responses is 302.

The total annual labor costs are $2,602,773.  Details regarding these
estimates may be found below in Table 1: Annual Respondent Burden and
Cost: NESHAP for Metal Can Manufacturing Surface Coating (40 CFR Part
63, Subpart KKKK) (Renewal).

Note that the total annual capital and O&M costs to the regulated entity
are $85,200.  These costs are detailed in Section 6(b)(iii),
Capital/Startup vs. Operation and Maintenance (O&M) Costs.

6(e)  Bottom Line Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2, respectively,
and summarized below.

(i) Respondent Tally

	The total annual labor hours are 27,517.  Details regarding these
estimates may be found below in Table 1: Annual Respondent Burden and
Cost: NESHAP for Metal Can Manufacturing Surface Coating (40 CFR Part
63, Subpart KKKK (Renewal).  Furthermore, the annual public reporting
and recordkeeping burden for this collection of information is estimated
to average 91 hours per response.

The total annual capital/startup and O&M costs to the regulated entity
are $85,200.  The cost calculations are detailed in Section 6(b)(iii),
Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is
estimated to be 2,778 labor hours at a cost of $125,208.  See below
Table 2: Annual Agency Burden and Cost:

NESHAP for Metal Can Manufacturing Surface Coating (40 CFR Part 63,
Subpart KKKK) (Renewal).

6(f)  Reasons for Change in Burden

There is no change in the labor hours in this ICR compared to the
previous ICR.  This is due to two considerations: (1) the regulations
have not changed over the past three years and are not anticipated to
change over the next three years; and (2) the growth rate for the
respondents is very low, negative or non-existent.  Therefore, the labor
hours in the previous ICR reflect the current burden to the respondents
and are reiterated in this ICR.

There is an increase in both respondent and Agency costs due to labor
rate increases from 2003 to the most recent available rates.  This ICR
uses updated labor rates to address “Terms of Clearance” associated
with the previous ICR renewal.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 91 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA–2009–0403.  An electronic version of the public docket
is available at http://www.regulations.gov, which may be used to obtain
a copy of the draft collection of information, submit or view public
comments, access the index listing of the contents of the docket, and to
access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the docket ID number identified in this document.  The documents are
also available for public viewing at the Enforcement and Compliance
Docket and Information Center in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue, N.W., Washington, DC.  The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays.  The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the docket center is<PHONE_NUMBER>.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, N.W., Washington, D.C. 20503, Attention:
Desk Officer for EPA.  Please include the EPA Docket ID Number
EPA-HQ-OECA–2009–0403 and OMB Control Number 2060-0541 in any
correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.

Table 1.  Annual Respondent Burden and Cost: NESHAP for Metal Can
Manufacturing Surface Coating (40 CFR Part 63, Subpart KKKK) (Renewal)

Burden Item	(A)	(B)	(C) 	(D)	(E)	(F)	(G)	(H)

	Person hours per occurrence	Number of occurrences per year	Person hrs.
per respondent per year

 (C=A*B)	Respondents per year 	Technical person hrs. per year

(E=C*D)	Management person hrs. per year

(F=E*0.05)	Clerical person hrs. per year

(G=E*0.1)	Annual costs ($)

1. Reporting requirements

a. Read rule and instructions	4	1	4	71	284	14.2	28.4	30,893

b. Compile and process data	4	4	16	71	1,136	56.8	113.6	123,571

c. Write reports

i. Initial notification	2	1	2	0	0	0	0	0

ii. Notification of compliance status	2	1	2	0	0	0	0	0

iii. Notification of construction/reconstruction	2	1	2	0	0	0	0	0

iv. Notification of actual startup	2	1	2	0	0	0	0	0

v. Notification of performance test	2	1.2	2.4	0	0	0	0	0

vi. Report of performance test 1	10	1.2	12	0	0	0	0	0

vii. Semiannual report	6	2	12	71	852	42.6	85.2	92,678

viii. Excess emissions report	2	2	4	71	284	14.2	28.4	30,893

ix. Startup, shutdown, malfunction report 2	2	1	2	18	36	1.8	3.6	3,916

Subtotal Reporting Labor and Cost Burden	2,981	281,951

2. Recordkeeping requirements

a. Read rule and instructions	4	1	4	71	284	14.2	28.4	30,893

b. Plan activities	12	1	12	71	852	42.6	85.2	92,678

c. Implement activities	12	1	12	71	852	42.6	85.2	92,678

d. Maintain record system for material used	20	1	20	71	1,420	71	142
154,464

e. Time to enter information

i. Material usage	0.5	365	182.5	71	12,958	648	1,296	1,409,484

ii. Compliance calculation	2	12	24	71	1,704	85.2	170	185,357

f. Time to train personnel	10	1	10	71	710	35.5	71	77,232

g. Store, file, and maintain records	2	12	24	71	1,704	85.2	170	185,357

h. Retrieve records/reports	1	12	12	71	852	42.6	85.2	92,678

Subtotal Recordkeeping Labor and Cost Burden	24,536	2,320,822

Total Burden (Hrs) and Costs

	23,928	1,196	2,393

Totals	27,517

$2,602,773

Assumptions:

1 20 percent retest

2 Estimated 25 percent of facilities use add-on controls, submit
startup, shutdown, malfunction report once per year.

Table 2.  Annual Agency Burden and Cost: NESHAP for Metal Can
Manufacturing Surface Coating (40 CFR Part 63, Subpart KKKK) (Renewal)

Burden Item	(A)

Person hours per occurrence	(B)

Number of occurrences per year	(C)

Number of respondents	(D)

Technical person hours per year

(D=A*B*C)	(E)

Management person hours per year

(E=D*0.05)	(F)

Clerical person hours per year

(F=E*0.1)	(G)

Annual costs

($)

1. Initial performance test	24	1	0	0	0	0	0

2. Repeat performance test	24	0.2	0	0	0	0	0

3. Report review

  a) Initial notification	8	1	0	0	0	0	0

  b) Notification of performance test	8	1.2	0	0	0	0	0

  c) Notification of compliance status	8	1	0	0	0	0	0

  d) Notification of construction/reconstruction	8	1	0	0	0	0	0

  e) Notification of actual startup	8	1	0	0	0	0	0

	  f) Report of performance test	8	1.2	0	0	0	0	0

	  g) Semiannual report	12	2	71	1,704	85.2	170.4	$88,309

	  h) Excess emissions report	4	2	71	568	28.4	56.8	$29,436

	  i) Startup, shutdown, report	8	1	18	144	7.2	14.4	$7,463

	Total Burden (Hrs) and Costs	 	 	 	2,416	121	242

Totals	2,778	 	$125,208

 PAGE

 PAGE   2


[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Proposed Rules]
[Pages 86094-86100]
[FR Doc No: 2023-27091]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R04-OAR-2023-0535; FRL-11589-01-R4]

Outer Continental Shelf Air Regulations; Consistency Update for
North Carolina

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; consistency update.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update a portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of States'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as

mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which North Carolina is the designated
COA. North Carolina's requirements discussed in this document are
proposed to be incorporated by reference into the Code of Federal
Regulations and listed in the appendix to the OCS air regulations.

DATES: Written comments must be received on or before January 11, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0535 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be confidential business information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathleen Weil, Air Permits Section,
Air Planning and Implementation Branch, Air and Radiation Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. The telephone number is<PHONE_NUMBER>.
Ms. Weil can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 4, 1992, EPA promulgated 40 CFR part 55, which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and State ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. The regulations at 40 CFR part 55 apply to all OCS sources except
those located in the Gulf of Mexico west of 87.5 degrees longitude. See
40 CFR 55.3(a). Section 328 of the CAA requires that for such sources
located within 25 miles of a State's seaward boundary, the requirements
shall be the same as would be applicable if the sources were located in
the COA. Because the OCS requirements are based on onshore
requirements, and onshore requirements may change, section 328(a)(1)
requires that EPA update the OCS requirements as necessary to maintain
consistency with onshore requirements.
    Pursuant to 40 CFR 55.12, consistency reviews will occur: (1) At
least annually where an OCS activity is occurring within 25 miles of a
State seaward boundary; (2) upon receipt of a Notice of Intent (NOI)
under 40 CFR 55.4; or (3) when a State or local agency submits a rule
to EPA to be considered for incorporation by reference in 40 CFR part
55. This proposed action is being taken in preparation for a potential
upcoming OCS project due to receipt of an NOI. Public comments received
in writing within 30 days of publication of this document will be
considered by EPA before publishing a final rule.
    Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's State
Implementation Plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of State or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.

II. EPA Analysis

    EPA reviewed North Carolina's rules for inclusion in 40 CFR part 55
to ensure that they are rationally related to the attainment or
maintenance of Federal or State ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules, and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and State ambient air quality standards.\1\
---------------------------------------------------------------------------

    \1\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
---------------------------------------------------------------------------

III. Proposed Action

    EPA last did a consistency update for North Carolina on March 3,
2009 (74 FR 9166). In that action, EPA incorporated by reference into
40 CFR part 55 all North Carolina regulations that EPA believed were
relevant to the OCS requirements. For this proposed action, EPA has
reviewed changes that North Carolina has made to its underlying
regulatory programs since the last consistency update. This proposed
action will have no effect on any provisions that were not subject to
changes by North Carolina and were also previously incorporated by
reference into Part 55 through EPA's March 3, 2009, rulemaking. The
rules that EPA proposes to incorporate are applicable provisions of the
North Carolina Administrative Code (NCAC) and are listed in detail at
the end of this Notice. The intended effect of proposing approval of
the OCS requirements for the North Carolina Department of Environmental
Quality (NCDEQ) is to regulate emissions from OCS sources in accordance
with the requirements for onshore sources. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as discussed in Sections II
and III of this preamble, EPA is proposing to incorporate by reference
the North Carolina rules set forth below. EPA has made, and will
continue to make, these materials available through www.regulations.gov
and at the EPA Region 4 Office (please contact the person identified in
the FOR FURTHER

INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of States' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this proposed action simply proposes to update the existing OCS
requirements that have been revised since the last consistency review
to make them consistent with requirements onshore, without the exercise
of any policy direction by EPA. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
    Additionally, Executive Order 12898 (59 FR 7629, February 16, 1994)
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations (people of color and/
or Indigenous peoples) and low-income populations.
    EPA believes that this specific proposed action does not concern
human health or environmental conditions and therefore cannot be
evaluated with respect to potentially disproportionate and adverse
effects on people of color, low-income populations and/or Indigenous
peoples. This proposed action simply fulfills EPA's statutory mandate
to ensure regulatory consistency between the COA and inner OCS
consistent with the Stated objectives of CAA section 328(a)(1).
Specifically, section 328(a)(1) requires EPA to establish requirements
to control air pollution from OCS sources ``to attain and maintain
Federal and State ambient air quality standards and to comply with the
provisions of part C of [title I of the CAA]'' and, for inner OCS
sources (located within 25 miles of the seaward boundary of such
States), to establish requirements that are ``the same as would be
applicable if the source were located in the COA.'' This section of the
Act also States that ``the Administrator shall update such requirements
as necessary to maintain consistency with onshore regulations and this
chapter.'' As noted in the preamble, compliance with this requirement
limits EPA's discretion in deciding what will be incorporated into 40
CFR part 55.
    The State regulations relevant to the OCS that are proposed for
incorporation into the CFR went through North Carolina's public
rulemaking process, including public notice and comment. This proposed
action seeks to incorporate into the CFR those State regulations, which
are already effective onshore, to ensure regulatory consistency with
the COA as mandated by CAA section 328(a)(1). This is a routine and
ministerial consistency update that does not directly affect any human
health or environmental conditions. In addition, EPA is providing for
meaningful public involvement on this rule through the notice and
comment process.
    This proposed rule to incorporate by reference sections of the NCAC
into the CFR does not apply on any Indian reservation land as defined
in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, this rule incorporating by reference sections of the NCAC does
not have Tribal implications and will not impose substantial direct
costs on Tribal governments or preempt Tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    This proposed action does not impose any new information collection
burden under the PRA. The Office of Management and Budget (OMB) has
previously approved the information collection activities contained in
the existing regulations at 40 CFR part 55 and, by extension, this
update to Part 55, and has assigned OMB control number 2060-0249. This
proposed action does not impose a new information burden under PRA
because this proposed action only proposes to update the State rules
that are incorporated by reference into 40 CFR part 55, Appendix A.\2\
---------------------------------------------------------------------------

    \2\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
---------------------------------------------------------------------------

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 5, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is proposed to be amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.

0
2. Amend Sec.  55.14 by revising paragraph (e)(17)(i)(A) to read as
follows:

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (17) * * *
    (i) * * *

(A) State of North Carolina Air Pollution Control Requirements
Applicable to OCS Sources, November 8, 2023

* * * * *
0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``North Carolina'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *
    North Carolina:
    (a) * * *
    (1) The following State of North Carolina requirements are
applicable to OCS sources, November 8, 2023, State of North
Carolina--Department of Environmental Quality.
    The following sections of subchapter 02D and 02Q:

15A NCAC Subchapter 02D--Air Pollution Control Requirements

Section .0100--Definitions and References

02D. 0101 Definitions (Effective 01/01/2018)
02D. 0103 Copies of Referenced Federal Regulations (Effective 09/01/
2023)
02D. 0104 Incorporation by reference (Effective 01/01/2018)
02D. 0105 Mailing List (Effective 01/01/2018)

Section .0200--Air Pollution Sources

02D. 0201 Classification of air pollution sources (Effective 01/01/
2018)
02D. 0202 Registration of air pollution sources (Effective 01/01/
2018)

Section .0300--Air Pollution Emergencies

02D. 0301 Purpose (Effective 01/01/2018)
02D. 0302 Episode criteria (Effective 01/01/2018)
02D. 0303 Emission reduction plans (Effective 01/01/2018)
02D. 0304 Preplanned abatement program (Effective 01/01/2018)
02D. 0305 Emission reduction plan: Alert Level (Effective 01/01/
2018)
02D. 0306 Emission reduction plan: Warning Level (Effective 01/01/
2018)
02D. 0307 Emission reduction plan: Emergency Level (Effective 01/01/
2018)

Section .0400--Ambient Air Quality Standards

02D. 0401 Purpose (Effective 01/01/2018)
02D. 0402 Sulfur oxides (Effective 01/01/2018)
02D. 0403 Total suspended particulates (Effective 11/01/2020)
02D. 0404 Carbon monoxide (Effective 01/01/2018)
02D. 0405 Ozone (Effective 01/01/2018)
02D. 0407 Nitrogen dioxide (Effective 01/01/2018)
02D. 0408 Lead (Effective 01/01/2018)
02D. 0409 PM10 particulate matter (Effective 01/01/2018)
02D. 0410 PM2.5 particulate matter (Effective 01/01/2018)

Section .0500--Emission Control Standards

02D. 0501 Compliance with emission control standards (Effective 09/
01/2023)
02D. 0502 Purpose (Effective 11/01/2020)
02D. 0503 Particulates from fuel burning indirect heat exchangers
(Effective 11/01/2023)
02D. 0504 Particulates from wood burning indirect heat exchangers
(Effective 11/01/2020)
02D. 0506 Particulates from hot mix asphalt plants (Effective 11/01/
2023)
02D. 0507 Particulates from chemical fertilizer manufacturing plants
(Effective 11/01/2020)
02D. 0508 Particulates from pulp and paper mills (Effective 11/01/
2020)
02D. 0509 Particulates from Mica or Feldspar processing plants
(Effective 11/01/2020)
02D. 0510 Particulates from sand, gravel, or crushed stone
operations (Effective 11/01/2020)
02D. 0511 Particulates from lightweight aggregate processes
(Effective 11/01/2020)
02D. 0512 Particulates from wood products finishing plants
(Effective 11/01/2020)
02D. 0513 Particulates from portland cement plants (Effective 11/01/
2020)
02D. 0514 Particulates from ferrous jobbing foundries (Effective 11/
01/2020)
02D. 0515 Particulates from miscellaneous industrial processes
(Effective 11/01/2020)
02D. 0516 Sulfur dioxide emissions from combustion sources
(Effective 6/1/2023)
02D. 0517 Emissions from plants producing sulfuric acid (Effective
11/01/2020)
02D. 0519 Control of nitrogen dioxide and nitrogen oxides emissions
(Effective 11/01/2020)
02D. 0521 Control of visible emissions (Effective 11/01/2020)
02D. 0524 New Source Performance Standards (Effective 11/01/2020)
02D. 0527 Emissions from spodumene ore roasting (Effective 11/01/
2020)
02D. 0528 Total reduced sulfur from kraft pulp mills (Effective 11/
01/2020)
02D. 0529 Fluoride emissions from primary aluminum reduction plants
(Effective 11/01/2020)
02D. 0530 Prevention of significant deterioration (Effective 10/01/
2020)
02D. 0531 Sources in nonattainment areas (Effective 11/01/2020)
02D. 0532 Sources contributing to an ambient violation (Effective
(11/01/2023)
02D. 0533 Stack height (Effective 11/01/2020)
02D. 0534 Fluoride emissions from phosphate fertilizer industry
(Effective 11/01/2020)
02D. 0535 Excess emissions reporting and malfunctions (Effective 11/
01/2020)
02D. 0537 Control of mercury emissions (Effective 11/01/2020)
02D. 0538 Control of ethylene oxide emissions (Effective 11/01/2020)
02D. 0539 Odor control of feed ingredient manufacturing plants
(Effective 11/01/2020)
02D. 0540 Particulates from fugitive dust emission sources
(Effective 09/01/2019)
02D. 0541 Control of emissions from abrasive blasting (Effective 11/
01/2020)
02D. 0542 Control of particulate emissions from cotton ginning
operations (Effective 11/01/2020)
02D. 0543 Best Available Retrofit Technology (Effective 11/01/2020)
02D. 0544 Prevention of Significant Deterioration Requirements for
Greenhouse Gases (Effective 11/01/2020)
02D. 0546 Control of Emissions from Log Fumigation Operations
(Effective 09/01/2023)

Section .0600--Monitoring: Recordkeeping: Reporting

02D. 0601 Purpose and scope (Effective 11/01/2019)
02D. 0602 Definitions (Effective 11/01/2019)
02D. 0604 Exceptions to monitoring and reporting requirements
(Effective 11/01/2019)
02D. 0605 General recordkeeping and reporting requirements
(Effective 09/01/2023)
02D. 0606 Sources covered by appendix P of 40 CFR part 51 (Effective
11/01/2019)
02D. 0607 Large wood and wood-fossil fuel combination units
(Effective 11/01/2019)
02D. 0608 Other large coal or residual oil burners (Effective 10/01/
2022)
02D. 0610 Federal monitoring requirements (Effective 11/01/2019)
02D. 0611 Monitoring emissions from other sources (Effective 11/01/
2019)
02D. 0612 Alternative monitoring and reporting procedures (Effective
11/01/2019)
02D. 0613 Quality assurance program (Effective 11/01/2019)
02D. 0614 Compliance assurance monitoring (Effective 11/01/2023)

Section .0900--Volatile Organic Compounds

02D. 0901 Definitions (Effective 11/01/2020)
02D. 0902 Applicability (Effective 11/01/2020)
02D. 0903 Recordkeeping: reporting: monitoring (Effective 11/01/
2020)
02D. 0906 Circumvention (Effective 11/01/2020)
02D. 0909 Compliance schedules for sources in ozone nonattainment
and maintenance areas (Effective 11/01/2020)
02D. 0912 General provisions on test methods and procedures
(Effective 11/01/2020)
02D. 0918 Can coating (Effective 11/01/2023)
02D. 0919 Coil coating (Effective 11/01/2020)
02D. 0922 Metal furniture coatings (Effective 11/01/2020)
02D. 0923 Surface coating of large appliances (Effective 11/01/2020)
02D. 0924 Magnet wire coating (Effective 11/01/2020)
02D. 0925 Petroleum liquid storage in fixed roof tanks (Effective
11/01/2020)
02D. 0926 Bulk gasoline plants (Effective 11/01/2023)
02D. 0927 Bulk gasoline terminals (Effective 11/01/2023)
02D. 0928 Gasoline service stations stage I (Effective 11/01/2023)
02D. 0930 Solvent metal cleaning (Effective 11/01/2020)

02D. 0931 Cutback asphalt (Effective 11/01/2020)
02D. 0932 Gasoline cargo tanks and vapor collection systems
(Effective 11/01/2023)
02D. 0933 Petroleum liquid storage in external floating roof tanks
(Effective 11/01/2020)
02D. 0935 Factory surface coating of flat wood paneling (Effective
11/01/2020)
02D. 0937 Manufacture of pneumatic rubber tires (Effective 11/01/
2020)
02D. 0943 Synthetic organic chemical and polymer manufacturing
(Effective 10/01/2022)
02D. 0944 Manufacture of polyethylene: polypropylene and polystyrene
(Effective 10/01/2020)
02D. 0945 Petroleum dry cleaning (Effective 10/01/2020)
02D. 0947 Manufacture of synthesized pharmaceutical products
(Effective 11/01/2020)
02D. 0948 VOC emissions from transfer operations (Effective 11/01/
2020)
02D. 0949 Storage of miscellaneous volatile organic compounds
(Effective 10/1/2022)
02D. 0951 RACT for sources of volatile organic compounds (Effective
11/01/2020)
02D. 0952 Petition for alternative controls for RACT (Effective 11/
01/2020)
02D. 0955 Thread bonding manufacturing (Effective 11/01/2020)
02D. 0956 Glass Christmas ornament manufacturing (Effective 11/01/
2020)
02D. 0957 Commercial bakeries (Effective 11/01/2020)
02D. 0958 Work practices for sources of volatile organic compounds
(Effective 11/01/2020)
02D. 0959 Petition for superior alternative controls (Effective 11/
01/2020)
02D. 0960 Cargo Tank Leak Tester Report (Effective 11/01/2023)
02D. 0961 Offset Lithographic Printing and Letterpress Printing
(Effective 11/01/2023)
02D. 0962 Industrial Cleaning Solvents (Effective 11/01/2020)
02D. 0963 Fiberglass Boat Manufacturing Materials (Effective 11/01/
2020)
02D. 0964 Miscellaneous Industrial Adhesives (Effective 11/01/2023)
02D. 0965 Flexible Package Printing (Effective 11/01/2020)
02D. 0966 Paper, Film and Foil Coatings (Effective 11/01/2020)
02D. 0967 Miscellaneous Metal and Plastic Parts Coatings (Effective
11/01/2020)
02D. 0968 Automobile and Light Duty Truck Assembly Coatings
(Effective 11/01/2020)

Section .1000--Motor Vehicle Emission Control Standard

02D. 1001 Purpose (Effective 07/01/2018)
02D. 1002 Applicability (Effective 07/01/2018)
02D. 1003 Definitions (Effective 07/01/2018)
02D. 1005 On-Board Diagnostic Standards (Effective 07/01/2018)
02D. 1006 Sale and Service of Analyzers (Effective 07/01/2018)
02D. 1008 Heavy Duty Diesel Engine Requirements (Effective 07/01/
2018)

Section .1100--Control of Toxic Air Pollutants

02D. 1101 Purpose (Effective 07/01/2018)
02D. 1102 Applicability (Effective 07/01/2018)
02D. 1103 Definition (Effective 07/01/2018)
02D. 1104 Toxic air pollutant guidelines (Effective 07/01/2018)
02D. 1105 Facility reporting, recordkeeping (Effective 07/01/2018)
02D. 1106 Determination of ambient air concentration (Effective 07/
01/2018)
02D. 1107 Multiple facilities (Effective 07/01/2018)
02D. 1108 Multiple pollutants (Effective 07/01/2018)
02D. 1109 112(j) case-by-case maximum achievable control technology
(Effective 07/01/2018)
02D. 1110 National Emission Standards for Hazardous Air Pollutants
(Effective 07/01/2018)
02D. 1111 Maximum Achievable Control Technology (Effective 07/01/
2018)
02D. 1112 112(g) case by case maximum achievable control technology
(Effective 07/01/2018)

Section .1200--Control of Emissions From Incinerators

02D. 1201 Purpose and scope (Effective 07/01/2018)
02D. 1202 Definitions (Effective 07/01/2018)
02D. 1204 Sewage sludge and sludge incinerators (Effective 12/01/
2021)
02D. 1206 Hospital, medical, and infectious waste incinerators
(Effective 07/01/2018)
02D. 1208 Other incinerators (Effective 07/01/2018)
02D. 1210 Commercial and industrial solid waste incineration units
(Effective 07/01/2018)

Section .1400--Nitrogen Oxides

02D. 1401 Definitions (Effective 05/01/2022)
02D. 1402 Applicability (Effective 05/01/2022)
02D. 1403 Compliance schedules (Effective 11/01/2023)
02D. 1404 Recordkeeping: Reporting: Monitoring: (Effective 10/01/
2020)
02D. 1405 Circumvention (Effective 10/01/2020)
02D. 1407 Boilers and indirect-fired process heaters (Effective 10/
01/2020)
02D. 1408 Stationary combustion turbines (Effective 10/01/2020)
02D. 1409 Stationary internal combustion engines (Effective 10/01/
2020)
02D. 1410 Emissions averaging (Effective 10/01/2020)
02D. 1411 Seasonal fuel switching (Effective 10/01/2020)
02D. 1412 Petition for alternative limitations (Effective 10/01/
2020)
02D. 1413 Sources not otherwise listed in this section (Effective
10/01/2020)
02D. 1414 Tune-up requirements (Effective 10/01/2020)
02D. 1415 Test methods and procedures (Effective 10/01/2020)
02D. 1418 New electric generating units, large boilers, and large I/
C engines (Effective 10/01/2022)
02D. 1423 Large Internal Combustion Engines (Effective 10/01/2020)
02D. 1424 Large Non-Electric Generating Units (Effective 05/01/2022)
02D. 1425 NOX SIP Call Budget (Effective 05/01/2022)

Section .1900--Open Burning

02D. 1901 Open burning: Purpose: Scope (Effective 09/01/2019)
02D. 1902 Definitions (Effective 09/01/2019)
02D. 1903 Open burning without an air quality permit (Effective 09/
01/2023)
02D. 1904 Air curtain incinerators (Effective 09/01/2023)
02D. 1905 Regional office locations (Effective 9/01/2023)
02D. 1906 Delegation to county governments (Effective 09/01/2019)
02D. 1907 Multiple violations arising from a single episode
(Effective 09/01/2019)

Section .2000--Transportation Conformity

02D. 2001 Purpose, scope, and applicability (Effective 01/01/2018)
02D. 2002 Definitions (Effective 01/01/2018)
02D. 2003 Transportation conformity determination (Effective 01/01/
2018)
02D. 2004 Determining transportation-related emissions (Effective
01/01/2018)
02D. 2005 Memorandum of agreement (Effective 01/01/2018)

Section .2100--Risk Management Program

02D. 2101 Applicability (Effective 11/01/2019)
02D. 2102 Definitions (Effective 11/01/2019)
02D. 2103 Requirements (Effective 11/01/2019)
02D. 2104 Implementation (Effective 11/01/2019)

Section .2200--Special Orders

02D. 2201 Purpose (Effective 01/01/2018)
02D. 2202 Definitions (Effective 01/01/2018)
02D. 2203 Public notice (Effective 01/01/2023)
02D. 2204 Final action on consent orders (Effective 01/01/2018)
02D. 2205 Notification of right to contest special orders issued
without consent (Effective 01/01/2018)

Section .2300--Banking Emission Reduction Credits

02D. 2301 Purpose (Effective 11/01/2019)
02D. 2302 Definitions (Effective 11/01/2019)
02D. 2303 Applicability and eligibility (Effective 11/01/2019)
02D. 2304 Qualification of emission reduction credits (Effective 11/
01/2019)
02D. 2305 Creating and banking emission reduction credits (Effective
11/01/2019)
02D. 2306 Duration of emission reduction credits (Effective 11/01/
2019)
02D. 2307 Use of emission reduction credits (Effective 11/01/2019)
02D. 2308 Certificates and registry (Effective 11/01/2019)
02D. 2309 Transferring emission reduction credits (Effective 11/01/
2019)

02D. 2310 Revocation and changes of emission reduction credits
(Effective 11/01/2019)
02D. 2311 Monitoring (Effective 11/01/2019)

Section .2600--Source Testing

02D. 2601 Purpose and scope (Effective 11/01/2019)
02D. 2602 General provisions on test methods and procedures
(Effective 11/01/2019)
02D. 2603 Testing protocol (Effective 11/01/2019)
02D. 2604 Number of test points (Effective 11/01/2019)
02D. 2605 Velocity and volume flow rate (Effective 11/01/2019)
02D. 2606 Molecular weight (Effective 11/01/2019)
02D. 2607 Determination of moisture content (Effective 11/01/2019)
02D. 2608 Number of runs and compliance determination (Effective 10/
01/2022)
02D. 2609 Particulate testing methods (Effective 11/01/2019)
02D. 2610 Opacity (Effective 11/01/2019)
02D. 2611 Sulfur dioxide testing methods (Effective 11/01/2019)
02D. 2612 Nitrogen oxide testing methods (Effective 11/01/2019)
02D. 2613 Volatile organic compound testing methods (Effective 11/
01/2019)
02D. 2614 Determination of VOC emission control system efficiency
(Effective 11/01/2019)
02D. 2615 Determination of leak tightness and vapor leaks (Effective
10/01/2020)
02D. 2616 Fluorides (Effective 11/01/2019)
02D. 2617 Total reduced sulfur (Effective 11/01/2019)
02D. 2618 Mercury (Effective 11/01/2019)
02D. 2619 Arsenic, beryllium, cadmium, hexavalent chromium
(Effective 11/01/2019)
02D. 2620 Dioxins and furans (Effective 11/01/2019)
02D. 2621 Determination of pollutant emissions using the f-factor
(Effective 11/01/2019)

Subchapter 02Q--Air Quality Permits Procedures

Section .0100--General Provisions

02Q. 0101 Required air quality permits (Effective 4/1/18)
02Q. 0102 Activities exempted from permit requirements (Effective
11/01/2023)
02Q. 0103 Definitions (Effective 09/01/2022)
02Q. 0104 Where to obtain and file permit applications (Effective
09/01/2023)
02Q. 0105 Copies of referenced documents (Effective 09/01/2023)
02Q. 0106 Incorporation by reference (Effective 04/01/2018)
02Q. 0107 Confidential information (Effective 04/01/2018)
02Q. 0108 Delegation of authority (Effective 04/01/2018)
02Q. 0109 Compliance schedule for previously exempted activities
(Effective 04/01/2018)
02Q. 0110 Retention of permit at permitted facility (Effective 04/
01/2018)
02Q. 0111 Applicability determinations (Effective 04/01/2018)
02Q. 0112 Applications requiring professional engineer seal
(Effective 04/01/2018)
02Q. 0113 Notification in areas without zoning (Effective 04/01/
2018)

Section .0200--Permit Fees

02Q. 0201 Applicability (Effective 04/01/2018)
02Q. 0202 Definitions (Effective 04/01/2018)
02Q. 0203 Permit and application fees (Effective 11/18/2021)
02Q. 0204 Inflation adjustment (Effective 04/01/2018)
02Q. 0205 Other adjustments (Effective 04/01/2018)
02Q. 0206 Payment of fees (Effective 09/01/2023)
02Q. 0207 Annual emissions reporting (Effective 04/01/2018)

Section .0300--Construction and Operation Permits

02Q. 0301 Applicability (Effective 04/01/2018)
02Q. 0303 Definitions (Effective 04/01/2018)
02Q. 0304 Applications (Effective 09/01/2023)
02Q. 0305 Application submittal content (Effective 09/01/2023)
02Q. 0306 Permits requiring public participation (Effective 04/01/
2018)
02Q. 0307 Public participation procedures (Effective 09/01/2023)
02Q. 0308 Final action on permit applications (Effective 04/01/2018)
02Q. 0309 Termination, modification, and revocation of permits
(Effective 04/01/2018)
02Q. 0310 Permitting of numerous similar facilities (Effective 04/
01/2018)
02Q. 0311 Permitting of facilities at multiple temporary sites
(Effective 04/01/2018)
02Q. 0312 Application processing schedule (Effective 04/01/2018)
02Q. 0313 Expedited application processing schedule (Effective 04/
01/2018)
02Q. 0314 General requirements for all permits (Effective 04/01/
2018)
02Q. 0315 Synthetic minor facilities (Effective 04/01/2018)
02Q. 0316 Administrative permit amendments (Effective 04/01/2018)
02Q. 0317 Avoidance conditions (Effective 04/01/2018)
02Q. 0318 Changes Not Requiring Permit Revisions (Effective 04/01/
2018)

Section .0400--Acid Rain Procedures

02Q. 0401 Purpose and applicability (Effective 04/01/2018)
02Q. 0402 Acid rain permitting procedures (Effective 04/01/2018)

Section .0500--Title V Procedures

02Q. 0501 Purpose of section and requirement for a permit (Effective
04/01/2018)
02Q. 0502 Applicability (Effective 04/01/2018)
02Q. 0503 Definitions (Effective 9/01/2022)
02Q. 0504 Option for obtaining construction and operation permit
(Effective 9/01/2022)
02Q. 0505 Application submittal content (Effective 09/01/2023)
02Q. 0507 Application (Effective 09/01/2023)
02Q. 0508 Permit content (Effective 09/01/2023)
02Q. 0509 Permitting of numerous similar facilities (Effective 09/
01/2022)
02Q. 0510 Permitting of facilities at multiple temporary sites
(Effective 04/01/2018)
02Q. 0512 Permit shield and application shield (Effective 04/01/
2018)
02Q. 0513 Permit renewal and expiration (Effective 04/01/2018)
02Q. 0514 Administrative permit amendments (Effective 09/01/2022)
02Q. 0515 Minor permit modifications (Effective 04/01/2018)
02Q. 0516 Significant permit modification (Effective 09/01/2022)
02Q. 0517 Reopening for cause (Effective 04/01/2018)
02Q. 0518 Final action (Effective 09/01/2022)
02Q. 0519 Termination, modification, revocation of permits
(Effective 04/01/2018)
02Q. 0520 Certification by responsible official (Effective 04/01/
2018)
02Q. 0521 Public participation (Effective 09/01/2022)
02Q. 0522 Review by EPA and affected States (Effective 09/01/2022)
02Q. 0523 Changes not requiring permit revisions (Effective 04/01/
2018)
02Q. 0524 Ownership change (Effective 04/01/2018)
02Q. 0525 Application processing schedule (Effective 09/01/2022)
02Q. 0526 112(j) case-by-case MACT procedures (Effective 08/01/2022)
02Q. 0527 Expedited application processing schedule (Effective 04/
01/2018)
02Q. 0528 112(g) case-by-case MACT procedures (Effective 04/01/2018)

Section .0700--Toxic Air Pollutant Procedures

02Q. 0701 Applicability (Effective 07/01/2018)
02Q. 0702 Exemptions (Effective 07/01/2018)
02Q. 0703 Definitions (Effective 07/01/2018)
02Q. 0704 New facilities (Effective 07/01/2018)
02Q. 0706 Modifications (Effective 11/01/2023)
02Q. 0707 Previously permitted facilities (Effective 07/01/2018)
02Q. 0708 Compliance schedule for previously unknown toxic air
pollutant emissions (Effective 07/01/2018)
02Q. 0709 Demonstrations (Effective 07/01/2018)
02Q. 0710 Public notice and opportunity for public hearing
(Effective 09/01/2023)
02Q. 0711 Emission rates requiring a permit (Effective 07/01/2018)
02Q. 0712 Calls by the director (Effective 07/01/2018)

Section .0800--Exclusionary Rules

02Q. 0801 Purpose and scope (Effective 04/01/2018)

02Q. 0802 Gasoline service stations and dispensing facilities
(Effective 04/01/2018)
02Q. 0803 Coating, solvent cleaning, graphic arts operations
(Effective 04/01/2018)
02Q. 0804 Dry cleaning facilities (Effective 04/01/2018)
02Q. 0805 Grain elevators (Effective 04/01/2018)
02Q. 0806 Cotton gins (Effective 04/01/2018)
02Q. 0807 Emergency generators (Effective 04/01/2018)
02Q. 0808 Peak shaving generators (Effective 04/01/2018)
02Q. 0810 Air curtain burners (Effective 04/01/2018)

Section .0900--Permit Exemptions

02Q. 0901 Purpose and scope (Effective 04/01/2018)
02Q. 0902 Portable crushers (Effective 04/01/2018)
02Q. 0903 Emergency generators (Effective 04/01/2018)
* * * * *
[FR Doc. 2023-27091 Filed 12-11-23; 8:45 am]
BILLING CODE 6560-50-P