[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Rules and Regulations]
[Pages 16564-16570]
[FR Doc No: 2023-05241]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0021; FRL-9363-01-R4]

Air Plan Approval; Georgia; Update to Materials Incorporated by
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Georgia
State Implementation Plan (SIP). The regulations affected by this
update have been previously submitted by Georgia and approved by EPA.
In this notice, EPA is also notifying the public of corrections and
clarifying changes to the Code of Federal Regulations (CFR) tables that
identify material incorporated by reference into the Georgia SIP. This
update affects the materials that are available for public inspection
at the National Archives and Records Administration (NARA) and the EPA
Regional Office.

DATES: This action is effective March 20, 2023.

ADDRESSES: The SIP materials whose incorporation by reference into 40
CFR part 52 is finalized through this action are available for
inspection at the following locations: Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, GA 30303; and
www.regulations.gov. To view the materials at the Region 4 Office, EPA
requests that you email the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday 8:30 a.m.
to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory
Management 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. Ms. LaRocca can be
reached via telephone at<PHONE_NUMBER> or via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.

    Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the federally-approved SIP and are
identified in part 52--``Approval and Promulgation of Implementation
Plans,'' Title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52 but is ``incorporated by reference.''
This means that EPA has approved a given state regulation or specified
changes to a given regulation with a specific effective date. The
public is referred to the location of the full text version should they
want to know which measures are contained in a given SIP. The
information provided allows EPA and the public to monitor the extent to
which a state implements a SIP to attain and maintain the NAAQS and to
take enforcement action for violations of the SIP.
    The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on proposed revisions
containing new or revised state regulations. A submission from a state
can revise one or more rules in their entirety or portions of rules.
The state indicates the changes in the submission (such as by using
redline/strikethrough text), and EPA then takes action on the requested
changes. EPA establishes a docket for its actions using a unique Docket
Identification Number, which is listed in each action. These dockets
and the complete submission are available for viewing on
www.regulations.gov.
    On May 22, 1997 (62 FR 27968), EPA revised the procedures for
incorporating by reference, into the Code of Federal Regulations,
materials approved by EPA into each SIP. These changes revised the
format for the identification of the SIP in 40 CFR part 52, streamlined
the mechanisms for announcing EPA approval of revisions to a SIP, and
streamlined the mechanisms for EPA's updating of the IBR information
contained for each SIP in 40 CFR part 52. The revised procedures also
called for EPA to maintain ``SIP Compilations'' that contain the
federally approved regulations and source-specific permits submitted by
each state agency.
    EPA generally updates these SIP Compilations on an annual basis.
Under the revised procedures, EPA must periodically publish an
informational document in the rules section of the Federal Register
notifying the public that updates have been made to a SIP Compilation
for a particular state. EPA began applying the 1997 revised procedures
to Georgia on May 21, 1999, and is providing this notice in accordance
with such procedures. See 64 FR 27699.

II. EPA Action

    In this action, EPA is providing notice of an update to the
materials incorporated by reference into the Georgia SIP as of August
31, 2022, and identified in 40 CFR 52.570(c) and (d). This update
includes SIP materials approved by EPA since the last IBR update. See
84 FR 45910 (September 3, 2019). In addition, EPA is providing notice
of the following corrections and clarifying changes to 40 CFR 52.570(c)
and (d):

Changes Applicable to Paragraph (c), EPA Approved Georgia Regulations

    A. Correcting Table (c)'s title, from ``(c) EPA Approved Georgia
Regulations'' to ``(c) EPA-Approved Georgia Regulations''
    B. Correcting the header of paragraph (c), from ``EPA Approved
Georgia Regulations'' to ``EPA-Approved Georgia Regulations''
    C. Under 391-3-1-02(a), the explanation is revised from, ``Except
for paragraph 391-3-1-02(a)1 (as approved on 3/16/2006).'' to ``Except
for paragraph 391-3-1-02(2)(a)1.''
    D. Under 391-3-1-.02(2)(nnn), ``NOX Emissions from Large
Stationary Gas Turbines,'' the state effective date is revised from
``2/16/2000'' to ``4/20/2003'' and the EPA approval date is revised
from ``7/10/2001, 66 FR 35906'' to ``5/28/2019, 84 FR 24393''
    E. Under 391-3-1-.02(5), ``Open Burning,'' the EPA approval date is
revised from ``2/9/2010, 75 FR 6309'' to ``5/28/2019, 84 FR 24393'' and
a note is added in the explanation column to read: ``Except
subparagraph 391-3-1-.02(5)(c), which was approved on July 10, 2001,
with a state effective date of August 16, 2000.''
    F. Under 391-3-1-.01, 391-3-1-.02(5), 391-3-1-.02(6), 391-3-
1-.03(13), the phrases ``State-effective'' and ``state-effective'' are
revised to remove the hyphen.

Changes Applicable to Paragraph (d), EPA Approved Georgia Source-
Specific Requirements

    A. Correcting the header of paragraph (d), from ``EPA Approved
Georgia Source-Specific Requirements'' to ``EPA-Approved Georgia
Source-Specific Requirements''
    B. The Plant Atkinson permits, specifically 4922-033-1319-0, 4911-
033-1320-0, 4911-033-1321-0, 4911-033-1322-0, and 4911-033-6949, have
been reordered to be in sequential order.

III. Good Cause Exemption

    EPA has determined that this action falls under the ``good cause''
exemption in the section 553(b)(3)(B) of the Administrative Procedure
Act (APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make an action effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved state programs, makes
typographical/ministerial revisions to the tables in the CFR, and makes
ministerial changes to the prefatory heading to the tables in the CFR.
Under section 553(b)(3)(B) of the APA, an agency may find good cause
where procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Public comment for this administrative action is
``unnecessary'' and ``contrary to the public interest'' since the
codification (and corrections) only reflect existing law. Immediate
notice of this action in the Federal Register benefits the public by
providing the public notice of the updated Georgia SIP Compilation and
notice of corrections to the Georgia ``Identification of Plan'' portion
of the CFR. Further, pursuant to section 553(d)(3), making this action
immediately effective benefits the public by immediately updating both
the SIP compilation and the CFR ``Identification of plan'' section
(which includes table entry corrections).

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of previously
EPA-approved regulations promulgated by Georgia and federally effective
prior to August 31, 2022. EPA has made, and will continue to make,
these materials generally 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 CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
final rule and notification of administrative change does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    EPA also believes that the provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial review are not applicable to
this action. This is because prior EPA rulemaking actions for each
individual component of the Georgia SIP compilations previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
believes judicial review of this action under section 307(b)(1) of the
CAA is not available.

List of Subjects in 40 CFR Part 52

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

    Dated: March 9, 2023.
Daniel Blackman,
Regional Administrator, Region 4.

    Accordingly, for reasons stated in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart L--Georgia

0
2. In Sec.  52.570 paragraphs (b), (c), and (d) are revised to read as
follows:

Sec.  52.570  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August
31, 2022, was approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraph (c) and (d) of this section
with EPA approval dates after August 31, 2022, for Georgia will be
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1) of
this section.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta,
GA 30303. To obtain the material, please call<PHONE_NUMBER>. You may
also inspect the material with an EPA approval date prior to August 31,
2022, for Georgia, at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
please email [email protected] or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA-Approved Georgia Regulations.

                           Table 1 to Paragraph (c)--EPA-Approved Georgia Regulations
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                                                          State
        State citation              Title/subject       effective     EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------
391-3-1-.01...................  Definitions..........    7/29/2020  4/5/2022, 87 FR 19643  Except the first
                                                                                paragraph, sections
                                                                                (a)-(nn), (pp)-
                                                                                (ccc), (eee)-(jjj),
                                                                                (nnn)-(bbbb), (dddd)-
                                                                                (kkkk), (mmmm),
                                                                                (rrrr)-(ssss),
                                                                                approved on 12/4/
                                                                                2018 with a state
                                                                                effective date of 7/
                                                                                20/2017; sections
                                                                                (ddd) and (cccc)
                                                                                approved on 2/2/1996
                                                                                with a state
                                                                                effective date of 11/
                                                                                20/1994; (nnnn),
                                                                                approved on 1/5/2017
                                                                                with a state
                                                                                effective date of 8/
                                                                                14/2016; and
                                                                                sections (oooo),
                                                                                (pppp), which are
                                                                                not in the SIP.
                               ---------------------------------------------------------------------------------
391-3-1-.02...................                                     Provisions
                               ---------------------------------------------------------------------------------
391-3-1-.02(1)................  General Requirements.    3/20/1979  9/18/1979, 44 FR
                                                                     54047.
                               ---------------------------------------------------------------------------------
391-3-1-.02(2)................                                 Emission Standards
                               ---------------------------------------------------------------------------------
391-3-1-.02(2)(a).............  General Provisions...     8/1/2013  7/28/2017, 82 FR       Except for paragraph
                                                                     35106.                 391-3-1-.02(2)(a)1.
391-3-1-.02(2)(b).............  Visible Emissions....    1/17/1979  9/18/1979, 44 FR
                                                                     54047.
391-3-1-.02(2)(c).............  Incinerators.........    7/23/2018  11/22/2019, 84 FR
                                                                     64427.
391-3-1-.02(2)(d).............  Fuel-burning             7/20/2005  2/9/2009, 75 FR 6309.
                                 Equipment.
391-3-1-.02(2)(e).............  Particulate Emission      8/1/2013  7/28/2017, 82 FR
                                 from Manufacturing                  35106.
                                 Processes.
391-3-1-.02(2)(f).............  Normal Superphosphate    1/17/1979  9/18/1979, 44 FR
                                 Manufacturing                       54047.
                                 Facilities.
391-3-1-.02(2)(g).............  Sulfur Dioxide.......    7/17/2002  7/9/2003, 68 FR 40786
391-3-1-.02(2)(h).............  Portland Cement          1/17/1979  9/18/1979, 44 FR
                                 Plants.                             54047.
391-3-1-.02(2)(i).............  Nitric Acid Plants...    1/17/1979  9/18/1979, 44 FR
                                                                     54047.
391-3-1-.02(2)(j).............  Sulfuric Acid Plants.    1/17/1979  9/18/1979, 44 FR
                                                                     54047.
391-3-1-.02(2)(k).............  Particulate Emission     1/17/1979  9/18/1979, 44 FR
                                 from Asphaltic                      54047.
                                 Concrete Hot Mix
                                 Plants.
391-3-1-.02(2)(n).............  Fugitive Dust........    1/17/1979  9/18/1979, 44 FR
                                                                     54047.
391-3-1-.02(2)(p).............  Particulate Emissions     8/1/2013  7/28/2017, 82 FR
                                 from Kaolin and                     35106.
                                 Fuller's Earth
                                 Processes.
391-3-1-.02(2)(q).............  Particulate Emissions     8/1/2013  7/28/2017, 82 FR
                                 from Cotton Gins.                   35106.
391-3-1-.02(2)(r).............  Particulate Emissions    1/27/1972  5/31/1972, 37 FR
                                 from Granular and                   10842.
                                 Mixed Fertilizer
                                 Manufacturing Units.
391-3-1-.02(2)(t).............  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Automobile and Light                59554.
                                 Duty Truck
                                 Manufacturing.
391-3-1-.02(2)(u).............  VOC Emissions from       9/16/1992  9/28/2012, 77 FR
                                 Can Coating.                        59554.
391-3-1-.02(2)(v).............  VOC Emissions from       9/16/1992  9/28/2012, 77 FR
                                 Coil Coating.                       59554.
391-3-1-.02(2)(w).............  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Paper Coating.                      59554.
391-3-1-.02(2)(x).............  VOC Emissions from       9/16/1992  9/28/2012, 77 FR
                                 Fabric and Vinyl                    59554.
                                 Coating.
391-3-1-.02(2)(y).............  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Metal Furniture                     59554.
                                 Coating.
391-3-1-.02(2)(z).............  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Large Appliance                     59554.
                                 Surface Coating.
391-3-1-.02(2)(aa)............  VOC Emissions from       9/16/1992  9/28/2012, 77 FR
                                 Wire Coating.                       59554.
391-3-1-.02(2)(bb)............  Petroleum Liquid          1/9/1991  10/13/1992, 57 FR
                                 Storage.                            46780.
391-3-1-.02(2)(cc)............  Bulk Gasoline             1/9/1991  10/13/1992, 57 FR
                                 Terminals.                          46780.
391-3-1-.02(2)(dd)............  Cutback Asphalt......    1/17/1979  9/18/1979, 44 FR
                                                                     54047.
391-3-1-.02(2)(ee)............  Petroleum Refinery...     1/9/1991  10/13/1992, 57 FR
                                                                     46780.
391-3-1-.02(2)(ff)............  Solvent Metal            5/29/1996  4/26/1999, 64 FR
                                 Cleaning.                           20186.
391-3-1-.02(2)(gg)............  Kraft Pulp Mills.....     8/1/2013  7/28/2017, 82 FR
                                                                     35106.
391-3-1-.02(2)(hh)............  Petroleum Refinery       6/24/1994  2/2/1996, 61 FR 3817.
                                 Equipment Leaks.
391-3-1-.02(2)(ii)............  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Surface Coating of                  59554.
                                 Miscellaneous Metal
                                 Parts and Products.
391-3-1-.02(2)(jj)............  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Surface Coating of                  59554.
                                 Flat Wood Paneling.
391-3-1-.02(2)(kk)............  VOC Emissions from      12/18/1980  11/24/1981, 46 FR
                                 Synthesized                         57486.
                                 Pharmaceutical
                                 Manufacturing.
391-3-1-.02(2)(ll)............  VOC Emissions from      12/18/1980  11/24/1981, 46 FR
                                 the Manufacture of                  57486.
                                 Pneumatic Rubber
                                 Tires.
391-3-1-.02(2)(mm)............  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Graphic Arts Systems.               59554.
391-3-1-.02(2)(nn)............  VOC Emissions from      12/18/1980  11/24/1981, 46 FR
                                 External Floating                   57486.
                                 Roof Tanks.
391-3-1-.02(2)(oo)............  Fiberglass Insulation   12/18/1980  11/24/1981, 46 FR
                                 Manufacturing Plants.               57486.
391-3-1-.02(2)(pp)............  Bulk Gasoline Plants.     6/8/2008  9/28/2012, 77 FR
                                                                     59554.
391-3-1-.02(2)(qq)............  VOC Emissions from        4/3/1991  10/13/1992, 57 FR
                                 Large Petroleum Dry                 46780.
                                 Cleaners.
391-3-1-.02(2)(rr)............  Gasoline Dispensing       6/8/2008  9/28/2012, 77 FR
                                 Facilities--Stage I.                59554.
391-3-1-.02(2)(ss)............  Gasoline Transport        8/1/2013  7/28/2017, 82 FR
                                 Systems and Vapor                   35106.
                                 Collection Systems.
391-3-1-.02(2)(tt)............  VOC Emissions from        6/8/2008  9/28/2012, 77 FR
                                 Major Sources.                      59554.
391-3-1-.02(2)(uu)............  Visibility Protection   10/31/1985  1/28/1986, 51 FR 3466
391-3-1-.02(2)(vv)............  Volatile Organic         4/12/2009  9/28/2012, 77 FR
                                 Liquid Handling and                 59554.
                                 Storage.
391-3-1-.02(2)(yy)............  Emissions of Nitrogen    4/12/2009  9/28/2012, 77 FR
                                 Oxides from Major                   59554.
                                 Sources.
391-3-1-.02(2)(ccc)...........  VOC Emissions from       4/12/2009  9/28/2012, 77 FR
                                 Bulk Mixing Tanks.                  59554.

391-3-1-.02(2)(ddd)...........  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Offset Lithography                  59554.
                                 and Letterpress.
391-3-1-.02(2)(eee)...........  VOC Emissions from       4/12/2009  9/28/2012, 77 FR
                                 Expanded Polystyrene                59554.
                                 Products
                                 Manufacturing.
391-3-1-.02(2)(fff)...........  Particulate Matter       6/15/1998  12/2/1999, 64 FR
                                 Emissions from Yarn                 67491.
                                 Spinning Operations.
391-3-1-.02(2)(hhh)...........  Wood Furniture           4/12/2009  9/28/2012, 77 FR
                                 Finishing and                       59554.
                                 Cleaning Operations.
391-3-1-.02(2)(jjj)...........  NOX Emissions from       3/12/2007  11/27/2009, 74 FR
                                 Electric Utility                    62249.
                                 Steam Generating
                                 Units.
391-3-1-.02(2)(kkk)...........  VOC Emissions from       2/17/2019  3/11/2020, 85 FR
                                 Aerospace                           14145.
                                 Manufacturing and
                                 Rework Facilities.
391-3-1-.02(2)(lll)...........  NOX Emissions from       4/12/2009  9/28/2012, 77 FR
                                 Fuel-burning                        59554.
                                 Equipment.
391-3-1-.02(2)(mmm)...........  NOX Emissions from        5/4/2014  9/1/2015, 80 FR 52627
                                 Stationary Gas
                                 Turbines and
                                 Stationary Engines
                                 used to Generate
                                 Electricity.
391-3-1-.02(2)(nnn)...........  NOX Emissions from       4/20/2003  5/28/2019, 84 FR
                                 Large Stationary Gas                24393.
                                 Turbines.
391-3-1-.02(2)(rrr)...........  NOX Emissions from       4/12/2009  9/28/2012, 77 FR
                                 Small Fuel-Burning                  59554.
                                 Equipment.
391-3-1-.02(2)(vvv)...........  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Coating                             59554.
                                 Miscellaneous
                                 Plastic Parts and
                                 Products.
391-3-1-.02(2)(yyy)...........  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 the Use of                          59554.
                                 Miscellaneous
                                 Industrial Adhesives.
391-3-1-.02(2)(zzz)...........  VOC Emissions from        3/7/2012  9/28/2012, 77 FR
                                 Fiberglass Boat                     59554.
                                 Manufacturing.
391-3-1-.02(2)(aaaa)..........  Industrial Cleaning       3/7/2012  9/28/2012, 77 FR
                                 Solvents.                           59554.
391-3-1-.02(3)................  Sampling.............    6/15/1998  12/2/1999, 64 FR
                                                                     67491.
391-3-1-.02(4)................  Ambient Air Standards    7/23/2018  10/29/2019, 84 FR      Except paragraphs
                                                                     57824.                 (a), (c), (d), (e),
                                                                                (f), (g), and (h),
                                                                                approved on 12/4/
                                                                                2018 with a state
                                                                                effective date of 7/
                                                                                20/2017.
391-3-1-.02(5)................  Open Burning.........    7/13/2006  5/28/2019, 84 FR       Except subparagraph
                                                                     24393.                 391-3-1-.02(5)(c),
                                                                                which was approved
                                                                                on July 10, 2001,
                                                                                with a state
                                                                                effective date of
                                                                                August 16, 2000.
391-3-1-.02(6)................  Source Monitoring....     8/1/2013  7/28/2017, 82 FR       Except paragraph
                                                                     35108.                 (a)4., approved on 3/
                                                                                9/2022, with a state
                                                                                effective date of 10/
                                                                                25/2021.
391-3-1-.02(7)................  Prevention of            7/20/2017  9/16/2020, 85 FR       Except for the
                                 Significant                         57707.                 automatic rescission
                                 Deterioration of Air                                       clause at 391-3-1-
                                 Quality (PSD).                                             .02(7)(a)(2)(iv),
                                                                                which EPA
                                                                                disapproved on March
                                                                                4, 2016.
                                                                                Except for portions
                                                                                of Rule 391-3-1-
                                                                                .02(7) incorporating
                                                                                by reference 40 CFR
                                                                                52.21(b)(2)(v), and
                                                                                40 CFR
                                                                                52.21(b)(3)(iii)(c),
                                                                                because those CFR
                                                                                provisions were
                                                                                indefinitely stayed
                                                                                by the Fugitive
                                                                                Emissions Rule in
                                                                                the March 30, 2011
                                                                                rulemaking and have
                                                                                not been approved
                                                                                into the Georgia
                                                                                SIP.
391-3-1-.02(11)...............  Compliance Assurance     6/15/1998  12/2/1999, 64 FR
                                 Monitoring.                         67491.
391-3-1-.02(12)...............  Cross State Air          7/23/2018  2/18/2020, 85 FR 8749
                                 Pollution Rule NOX
                                 Annual Trading
                                 Program.
391-3-1-.02(13)...............  Cross State Air          7/23/2018  2/18/2020, 85 FR 8749
                                 Pollution Rule SO2
                                 Annual Trading
                                 Program.
391-3-1-.02(14)...............  Cross State Air          7/23/2018  2/18/2020, 85 FR 8749
                                 Pollution Rule NOX
                                 Ozone Season Trading
                                 Program.
                               ---------------------------------------------------------------------------------
391-3-1-.03...................                                       Permits
                               ---------------------------------------------------------------------------------
391-3-1-.03(1)................  Construction (SIP)       8/17/1994  8/30/1995, 60 FR
                                 Permit.                             45048.
391-3-1-.03(2)................  Operating (SIP)         12/26/2001  7/11/2002, 67 FR       Except subparagraph
                                 Permit.                             45909.                 (e), which is not
                                                                                approved into the
                                                                                SIP.
391-3-1-.03(3)................  Revocation,              2/23/1979  9/18/1979, 44 FR
                                 Suspension,                         54047.
                                 Modification or
                                 Amendment of Permits.
391-3-1-.03(4)................  Permits Not             11/20/1975  8/20/1976, 41 FR
                                 Transferable.                       35184.
391-3-1-.03(5)................  Permits Public          10/28/1992  2/2/1996, 61 FR 3819.
                                 Records.
391-3-1-.03(6)................  Exemptions...........    7/29/2020  4/5/2022, 87 FR 19643  With the exception of
                                                                                Rule 391-3-1-
                                                                                .03(6)(b)16.
391-3-1-.03(7)................  Combined Permits and     2/23/1979  9/18/1979, 44 FR
                                 Applications.                       54047.
391-3-1-.03(8)................  Permit Requirements..    9/26/2019  9/16/2020, 85 FR
                                                                     57694.
391-3-1-.03(11)...............  Permit by Rule.......    7/23/2018  11/22/2019, 84 FR      Except sections (a)-
                                                                     64427.                 (b)(5) and (b)(7)-
                                                                                (b)(10), approved on
                                                                                2/9/2010 with a
                                                                                state effective date
                                                                                of 7/20/2005;
                                                                                section (b)(6),
                                                                                approved on 3/13/
                                                                                2000 with a state
                                                                                effective date of 12/
                                                                                25/1997; and the
                                                                                phrase ``or
                                                                                enforceable as a
                                                                                practical matter''
                                                                                in section
                                                                                .03(11)(b)11.(i),
                                                                                which is not in the
                                                                                SIP.
391-3-1-.03(12)...............  Generic Permit.......    8/17/1994  8/30/1995, 60 FR
                                                                     45048.

391-3-1-.03(13)...............  Emission Reduction       9/26/2019  9/22/2020, 85 FR       Except subparagraph
                                 Credits.                            59436.                 391-3-1-.03(13)(f),
                                                                                which was approved
                                                                                into the SIP with a
                                                                                state effective date
                                                                                of 7/18/2001, and
                                                                                subparagraphs (b),
                                                                                (c), (e), (g), and
                                                                                (i), which were
                                                                                approved into the
                                                                                SIP with a state
                                                                                effective date of 2/
                                                                                16/2000.
391-3-1-.04...................  Air Pollution           11/20/1975  8/20/1976, 41 FR
                                 Episodes.                           35184.
391-3-1-.07...................  Inspections and         11/20/1975  8/20/1976, 41 FR
                                 Investigations.                     35184.
391-3-1-.08...................  Confidentiality of      11/20/1975  8/20/1976, 41 FR
                                 Information.                        35184.
391-3-1-.09...................  Enforcement..........   11/22/1992  2/2/1996, 61 FR 3819.
391-3-1-.10...................  Continuance of Prior    11/22/1992  2/2/1996, 61 FR 3819.
                                 Rules.
391-3-1-.15...................  Georgia                  10/6/2010  6/15/2012, 77 FR
                                 Transportation                      35866.
                                 Conformity and
                                 Consultation
                                 Interagency Rule.
                               ---------------------------------------------------------------------------------
391-3-20......................                         Enhanced Inspection and Maintenance
                               ---------------------------------------------------------------------------------
391-3-20-.01..................  Definitions..........    4/13/2021  9/22/2022, 87 FR
                                                                     57834.
391-3-20-.02..................  Covered Counties.....     1/9/2005  5/24/2007, 72 FR
                                                                     29075.
391-3-20-.03..................  Covered Vehicles;        2/17/2019  8/24/2020, 85 FR
                                 Exemptions.                         52047.
391-3-20-.04..................  Emission Inspection      4/13/2021  9/22/2022, 87 FR
                                 Procedures.                         57834.
391-3-20-.05..................  Emission Standards...    4/13/2021  9/22/2022, 87 FR
                                                                     57834.
391-3-20-.06..................  On-Road Testing of       2/17/2019  8/24/2020, 85 FR
                                 Exhaust Emissions by                52047.
                                 Remote Sensing
                                 Technology or Other
                                 Means.
391-3-20-.07..................  Inspection Equipment     4/13/2021  9/22/2022, 87 FR
                                 System                              57834.
                                 Specifications.
391-3-20-.08..................  Quality Control and      3/28/2018  8/24/2020, 85 FR
                                 Equipment                           52047.
                                 Calibration
                                 Procedures.
391-3-20-.09..................  Inspection Station       4/13/2021  9/22/2022, 87 FR
                                 Requirements.                       57834.
391-3-20-.10..................  Certificates of          3/28/2018  8/24/2020, 85 FR
                                 Authorization.                      52047.
391-3-20-.11..................  Inspector                4/13/2021  9/22/2022, 87 FR
                                 Qualifications and                  57834.
                                 Certification.
391-3-20-.12..................  Schedules for            6/19/2014  4/10/2017, 82 FR
                                 Emission Inspections.               17128.
391-3-20-.13..................  Certificate of           3/28/2018  8/24/2020, 85 FR
                                 Emission Inspection.                52047.
391-3-20-.15..................  Repairs and Retests..    3/28/2018  8/24/2020, 85 FR
                                                                     52047.
391-3-20-.16..................  Extensions and           6/19/2014  4/10/2017, 82 FR
                                 Reciprocal                          17128.
                                 Inspections.
391-3-20-.17..................  Waivers..............    2/17/2019  8/24/2020, 85 FR
                                                                     52047.
391-3-20-.18..................  Sale of Vehicles.....    3/28/2018  8/24/2020, 85 FR
                                                                     52047.
391-3-20-.19..................  Management Contractor    6/19/2014  4/10/2017, 82 FR
                                                                     17128.
391-3-20-.20..................  Referee Program......    3/28/2018  8/24/2020, 85 FR
                                                                     52047.
391-3-20-.21..................  Inspection Fees......    6/19/2014  4/10/2017, 82 FR
                                                                     17128.
391-3-20-.22..................  Enforcement..........    6/19/2014  4/10/2017, 82 FR
                                                                     17128.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-Approved State Source Specific Requirements.

                   Table 2 to Paragraph (d)--EPA-Approved Georgia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                             State
         Name of source                 Permit No.         effective    EPA approval date         Comments
                                                              date
----------------------------------------------------------------------------------------------------------------
Georgia Power Plant Bowen......  EPD-AQC-180............   11/17/1980  8/17/1981, 46 FR
                                                                        41498.
Georgia Power Plant Harllee      4911-117-6716-0........    4/23/1980  5/5/1981, 46 FR
 Branch.                                                                25092.
ITT Rayonier, Inc..............  2631-151-7686-C........    11/4/1980  8/14/1981, 46 FR
                                                                        41050.
Georgia Power Plant Bowen......  EPD-AQC-163............    5/16/1979  1/3/1980, 45 FR
                                                                        781.
Union Camp.....................  2631-025-7379-0........   12/18/1981  4/13/1982, 47 FR
                                                                        15794.
Blue Bird Body Company.........  3713-111-8601..........    1/27/1984  1/7/1985, 50 FR
                                                                        765.
Plant McDonough................  4911-033-5037-0           12/27/1995  3/18/1999, 64 FR
                                  conditions 10 through                 13348.
                                  22.
Plant Yates....................  4911-038-4838-0           12/27/1995  3/18/1999, 64 FR
                                  conditions 19 through                 13348.
                                  32.
Plant Yates....................  4911-038-4839-0           12/27/1995  3/18/1999, 64 FR
                                  conditions 16 through                 13348.
                                  29.
Plant Yates....................  4911-038-4840-0           12/27/1995  3/18/1999, 64 FR
                                  conditions 16 through                 13348.
                                  29.
Plant Yates....................  4911-038-4841-0           12/27/1995  3/18/1999, 64 FR
                                  conditions 16 through                 13348.
                                  29.
Plant Atkinson.................  4911-033-1319-0           11/15/1994  3/18/1999, 64 FR
                                  conditions 8 through                  13348.
                                  13.
Plant Atkinson.................  4911-033-1320-0           11/15/1994  3/18/1999, 64 FR
                                  conditions 8 through                  13348.
                                  13.
Plant Atkinson.................  4911-033-1321-0           11/15/1994  3/18/1999, 64 FR
                                  conditions 8 through                  13348.
                                  13.
Plant Atkinson.................  4911-033-1322-0           11/15/1994  3/18/1999, 64 FR
                                  conditions 8 through                  13348.
                                  13.
Plant Atkinson.................  4911-033-6949             11/15/1994  3/18/1999, 64 FR
                                  conditions 5 through                  13348.
                                  10.
Plant McDonough................  4911-033-6951             11/15/1994  3/18/1999, 64 FR
                                  conditions 5 through                  13348.
                                  10.
Atlanta Gas Light Company......  4922-028-10902            11/15/1994  3/18/1999, 64 FR
                                  conditions 20 and 21.                 13348.
Atlanta Gas Light Company......  4922-031-10912            11/15/1994  3/18/1999, 64 FR
                                  conditions 27 and 28.                 13348.
Austell Box Board Corporation..  2631-033-11436            11/15/1994  3/18/1999, 64 FR
                                  conditions 1 through 5.               13348.
Emory University...............  8922-044-10094            11/15/1994  3/18/1999, 64 FR
                                  conditions 19 through                 13348.
                                  26.
General Motors Corporation.....  3711-044-11453            11/15/1994  3/18/1999, 64 FR
                                  conditions 1 through 6                13348.
                                  and Attachment A.
Georgia Proteins Company.......  2077-058-11226            11/15/1994  3/18/1999, 64 FR
                                  conditions 16 through                 13348.
                                  23 and Attachment A.
Owens-Brockway Glass Container,  3221-060-10576            11/15/1994  3/18/1999, 64 FR
 Inc.                             conditions 26 through                 13348.
                                  28 and Attachment A.

Owens-Corning Fiberglass         3296-060-10079            11/15/1994  3/18/1999, 64 FR
 Corporation.                     conditions 25 through                 13348.
                                  29.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-05241 Filed 3-17-23; 8:45 am]
BILLING CODE 6560-50-P


Eleven onsite incinerators for whom EPA did not have emissions data  for
use in calculating MACT standards, but are listed in EPAs Biennial
Reporting System (BRS) as combusting hazardous waste

An estimated six mobile incinerators operating at remediation sites

An estimated eight new HWCs (include a projected 3 new incinerators, one
new CK, three new liquid boilers, and one new HCl Production Furnaces)

This would increase the total number of sources impacted by this ICR to
238.

There may be a few other facilities not known to us through our
databases. However, we estimate that the number of such facilities will
be smaller than those that will cease burning hazardous waste because
they may find compliance with the replacement MACT standards to be
economically not feasible. (See Regulatory Impact analysis for HWC MACT
Rule for more information). So, the number of HWC units affected by this
ICR are estimated as below:

Table 2.  Estimated Total HWC Facilities Impacted by ICR

Combustion Unit Type	# of Units	# of

Facilities

Cement Kilns	24	14

Lightweight Aggregate Kilns	7	3

Commercial Incinerators	15	10

On-Site Incinerators	97	76

Liquid Fuel Boilers	77	56

Solid Fuel Boilers	7	4

HCl Production Furnaces	11	9

Total	238	170

TOTAL BURDEN AND COSTS

The following discusses the type and number of sources for which each of
the specific ICR requirements is estimated to apply.  Exhibit 1 shows
the labor hours and labor category estimates, and the O&M and annualized
capital costs, required for each of the specific ICR activities.

WHO IS SUBJECT TO THESE REGULATIONS

All HWCs will read the regulations at 40 CFR Part 63, Subparts A and
EEE.

STANDARDS FOR HAZARDOUS WASTE BURNING INCINERATORS, CEMENT KILNS, AND
LIGHTWEIGHT AGGREGATE KILNS

Emission Averaging for Cement Kilns with In-line Kiln Raw Mills

 tc \l4 "Emission Averaging for Cement Kilns with In-line Kiln Raw Mills

We estimate that 3 cement kilns with in-line kiln raw mills will comply
with the emission averaging requirements for kilns of this type.  Thus,
they will conduct a performance test when the raw mill is on-line and
when the mill is off-line, and include the averaging procedures in their
Notification of Compliance and operating record.  We note that these
procedures are similar to that currently required under RCRA BIF
regulations.

No specific additional recordkeeping or reporting requirements beyond
those required of the current RCRA regulations

COMPLIANCE WITH THE STANDARDS AND OPERATING REQUIREMENTS

Compliance with Alternative MACT Standards

For Phase I and Phase II sources, it is estimated that 5% of sources
will document in the operating record compliance with alternative
applicable Clean Air Act requirements and standards.

Extension of Compliance with Emission Standards

It is estimated that 20% of all sources will apply for an extension of
compliance with emission standards, of which 10% will be granted
extensions

Changes in Design, Operation, or Maintenance

It is estimated that 50% of the sources will be making design,
operation, and maintenance changes to comply with the MACT rule.  These
changes will not initiate additional comprehensive performance testing
beyond the initial testing that is required.

Use of Previous DRE Test Results to Demonstrate Compliance with DRE MACT
Standards

It is estimated that 75% of sources will request the use of previous DRE
test results for demonstrating compliance with the MACT DRE standard.

Applicability of Particulate Matter and Opacity Standards during
Particulate Matter CEMS Correlation Tests

Among all source categories, it is anticipated that about 39 sources
will conduct PM CEMS correlation testing and request a waiver of PM and
opacity standards during the testing. (This includes all units with
fabric filters and about 10% of sources with electrostatic precipitators
or Ionizing wet scrubbers). It is estimated that none of these sources
will request an extension of the 96 hours allowed for the waiver.

Alternative to the Particulate Matter Standard

It is estimated that 10% of onsite incinerators and 10% of liquid
boilers will petition for an alternative to the particulate matter
standard.

Hazardous Waste Residence Time

All sources will include an estimate of hazardous waste residence time
in the comprehensive performance test plan.

Startup, Shutdown, and Malfunction Plan

All sources will develop a startup, shutdown, and malfunction plan.

Automatic Waste Feed Cutoff (AWFCO)

It is estimated that:

All sources will have 1 AWFCO per year;

10% will have to file an excessive exceedances report (i.e., >10 AWFCOs
in any 60-day block period) per year;

50% will conduct weekly AWFCO system inspections, while 50% will conduct
monthly system testing.

All will document in the operating record the use of ramp down
procedures.

ESV Openings

For Phase II sources, it is estimated that none have ESVs, and none will
have to develop an ESV operating plan.

It is estimated that 50% of hazardous waste incinerators have ESVs, and
will  develop an ESV operating plan.  On average, each unit will have 6
ESV openings per year.

Combustion System Leaks

It is estimated that 50% of all sources will request approval to use an
alternative means to provide control of combustion system leaks (control
through a positively sealed combustion chamber). These facilities must
specify in their operating record and comprehensive performance test
plan the method used for control of combustion system leaks.

Operator Training and Certification

It is estimated that all commercial incinerators and 50% of other
sources currently have a sufficient operating training and certification
program.  Other facilities will likely develop a site-specific training
and certification program.

Operation and Maintenance Plan

All facilities will develop an operation an maintenance plan.  All units
with fabric filters (about 34 sources), will have to purchase, install,
and operate bag leak detection systems.  It is estimated that of the
sources with ESPs or IWSs (about 45 sources), 90% will request to use
operating parameter limits instead of continuous particulate detectors.

PERFORMANCE TESTING REQUIREMENTS

Comprehensive Performance Test

All HWCs will conduct a comprehensive performance testing to meet the
Replacement Rule.  This testing is similar to that required under
current RCRA BIF requirements although there may be some additional
costs.  Note that units that do not have a numerical PCDD/PCDF standards
(all HCl Production furnaces, solid boilers and liquid boilers that do
not have dry air pollution control devices) (and which have not yet made
PCDD/PCDF measurements) – 6 solid boilers and 37 liquid boilers, 1 HCl
Production Furnace -- will be required to conduct a one time PCDD/PCDF
test. Additionally, it is estimated that all LWAKs will choose to comply
with the requirement of rapidly quenching their exhaust gases to below
400°F at the kiln exit instead of the numerical dioxin/furan standards.
However, all these LWAKs have made PCDD/PCDF measurements and thus it is
estimated that they would not require an additional one time PCDD/PCDF
test.

Confirmatory Performance Test

For all sources that have a numerical PCDD/PCDF standard –
Incinerators, Cement Kilns and, and liquid boilers with dry APCDs (about
6 units) -- confirmatory testing for PCDD/PCDF is required.

Data in Lieu of the Comprehensive Performance Test

It is estimated that 10% of all facilities will submit a request to use
previous emissions test data to serve as documentation of compliance
with emission standards.

Notification of Performance Test and CMS Performance Evaluation, and
Approval of Test Plan and CMS Performance Evaluation Plan

All facilities will submit a notification of intent to conduct a
performance test.  These facilities will also be required to prepare and
submit and a site-specific comprehensive performance and CMS performance
test plan.

It is estimated that 1 source per year will reschedule their performance
test date and thus be required to submit a rescheduled notification of
intent to conduct a performance test.

Additionally, 50% of submitting a site-specific performance test plan
will be requested to submit additional relevant information.

Notification of Compliance

All facilities will submit a Notification of Compliance every time they
complete a comprehensive performance test.

Waiver or Time Extension of Performance Test

It is estimated that 10% of facilities conducting the comprehensive
performance test will apply for a waiver or time extension.

MONITORING REQUIREMENTS

Continuous Emissions Monitoring Systems (CEMS) and Continuous Opacity
Monitoring Systems (COMS)

All facilities are already required to monitor for carbon monoxide (CO)
or hydrocarbons (HC) and oxygen under current regulatory requirements,
thus there is no capital investment burden to the Replacement Rule MACT
requirements.

Continuous Monitoring Systems

All facilities are currently equipped with all CMS required with the
Replacement Rule.  Thus, there is no capital investment burden.  No
additional requirements for Phase I sources.

Feedstream Analysis Plan

All HWCs already have developed and implemented feedstream analysis
plans under current RCRA requirements (referred to as the waste analysis
plan). There is no incremental burden for this requirement.

Alternative Compliance Monitoring Requirements for Standards other than
those Monitored with a CEMS

It is estimated that 10% of all facilities will apply for and receive
approval to use alternative monitoring requirements to document
compliance with the emission standards of Subpart EEE other than CO or
HC which are monitored with a CEMS.

Use of CEMS in lieu of Operating Parameter Limits; or Alternative
Methods in lieu of CEMS

It is estimated that no facilities will make a request to use
alternatives to CEMS or CEMS in lieu of operating parameters.

Destruction and Removal Efficiency

It is estimated that all currently operating HWCs have equipment needed
for the MACT DRE monitoring requirements.

Dioxins and Furans

IT is estimated that all currently operating HWCs have equipment needed
for the MACT PCDD/PCDF monitoring requirements.  It is estimated that no
facilities will chose to use a CEMS for compliance monitoring.

Mercury

It is estimated that all currently operating HWCs have equipment needed
for the MACT Hg monitoring requirements.  It is estimated that no
facilities will chose to use a CEMS for compliance monitoring.  It is
estimated that 10% of facilities will make a request to set feedrate
limits with extrapolation.

Particulate Matter

For all sources, it is estimated that all currently operating HWCs have
the equipment needed to comply with the MACT PM monitoring requirements.
 It is estimated that no facilities will chose to use a CEMS for
compliance monitoring.

Semivolatile Metals and Low Volatile Metals

It is estimated that all currently operating HWCs have the equipment
needed to comply with the MACT SVM and LVM monitoring requirements.  It
is estimated that 10% of facilities will make a request to set feedrate
limits with extrapolation.  It is estimated that no facilities will
chose to use a CEMS for compliance monitoring.

Total Chlorine (HCl and Chlorine Gas)

It is estimated that all currently operating HWCs have the equipment
needed for the MACT total chlorine monitoring requirements.  It is
estimated that no facilities will chose to use a CEMS for compliance
monitoring.

Combustion Chamber Pressure

It is anticipated that all Phase II facilities will comply with the
combustion leak requirements through a request to keep the combustion
chamber fully sealed.  No additional requirements for Phase I sources.

Operating under Different Modes of Operation

It is estimated that 50% of all facilities will perform the
comprehensive performance test under two or more operating modes. These
facilities will be required to document what operating mode they are in
during subsequent on-going day to day operations.

CMS PERFORMANCE EVALUATION

As part of the comprehensive performance test, HWCs will submit a CMS
quality control program, notification of performance evaluation and
additional notification requirements, performance evaluation test plan,
and conduct a CMS performance test.  Also, it is estimated that EPA will
also request additional relevant information for the site-specific CMS
performance test plan from 10% of the facilities performing the test.

NOTIFICATION REQUIREMENTS

Notification of Intent to Comply

All Phase II and Phase I sources will prepare a draft NIC, notify the
public about a NIC meeting, conduct the NIC meeting, prepare a final NIC
with meeting comments, and submit the NIC to EPA.  All Phase II and
Phase I sources will complete the progress report.  Note that Phase I
sources have already gone through the NIC process for the 1999 HWC MACT
Rule; thus it will require less effort for the Replacement Rule.

Initial Notifications

All facilities will submit an initial notification.  Additionally, as
part of the initial notification, it is estimated that 5% of facilities
will apply for construction approval and 5% facilities will apply for
reconstruction approval.  It is anticipated that additional relevant
information will be requested from each facility.

Adjustment to Time Periods or Postmark Deadlines for Submittal and
Review of Required Communications

It is estimated that 25% of all facilities will submit a request for an
adjustment to a time period or postmark deadline.

Change in Information Already Provided

It is estimated that 25% of all facilities will submit change(s) to
information already provided.

Request to Reduce Frequency of Excess Emissions and CMS Performance
Reports

It is estimated that 10% of facilities will submit a request to reduce
frequency of excess emissions and continuous system performance reports
from a quarterly (or more frequent basis).

Waiver of Recordkeeping or Reporting Requirements

It is estimated that 1% of all facilities will submit a waiver of
recordkeeping or reporting requirements.

Data Compression

It is estimated that 25% of facilities will submit a request for
approval to use data compression techniques.

RECORDKEEPING AND REPORTING REQUIREMENTS

Periodic and Immediate Startup, Shutdown, and Malfunction Reports

It is anticipated that 25% of facilities will take actions during a
startup, shutdown, or malfunction that are consistent with the
procedures specified in the facility's startup, shutdown, or malfunction
plan. These facilities are required to submit a periodic startup,
shutdown, and malfunction report.  Another 10% of facilities will take
actions that are not consistent with procedures specified in their
plans. These facilities acquired to submit an immediate startup,
shutdown, and malfunction report.

Excess Emissions and Continuous Monitoring System Performance Report and
Summary Report

It is anticipated that all facilities will submit an excess emissions
and continuous monitoring system performance report and summary report.

General Recordkeeping Requirements

It is estimated that it will take 40 hours each year for each of the HWC
facilities to maintain copies of all required information (information
must be retained for five years). Additionally, it is estimated that to
maintain files for the required five years, facilities will purchase
file cabinets.

Additional Recordkeeping Requirements for Sources with Continuous
Monitoring Systems

All sources will need to maintain copies of all required information for
continuous monitoring systems.

Documentation of Compliance

It is anticipated that all facilities will develop a Documentation of
Compliance to be included in their operating records

COMPLIANCE DATE BE EXTENDED TO INSTALL POLLUTION PREVENTION OR WASTE
MINIMIZATION CONTROLS

It is estimated that 10% of sources will submit a one-time request for a
compliance extension due to the installation of controls, and that
another 10% will submit a one-time request for a compliance extension
for waste minimization purposes.

QUALITY ASSURANCE PROCEDURES FOR CONTINUOUS EMISSIONS MONITORS USED FOR
HAZARDOUS WASTE COMBUSTORS

Performance Evaluation

All sources must meet the QA requirements for CEMS.  These requirements
are very similar to those currently required under RCRA.

Use of Alternative CEMS Spans

It is estimated that no source will submit requests to use an
alternative CEMS span.

MISCELLANEOUS REQUIREMENTS

Alternative Risk Based Chlorine Standards

It is estimated that 25% of Phase I and Phase II facilities will request
to comply with the alternative risk based chlorine standards.

Additional HCl Production Furnaces Requirements

It is estimated that 10% of the HCl Production Furnaces will be required
to comply with HCl product management requirements of 40 CFR Part 63
Subpart NNNNN.

6(e). 	BOTTOM LINE BURDEN HOUR AND COST TABLES

Respondent Tally

Exhibit 1 shows the estimated total annual burden and cost to
respondents.  The annual respondent burden is 201,527 hours at a total
cost of $19,837,672 for a total of 238 respondents, requiring 3,975
responses.  These costs include capital/startup costs and O&M costs of
$107,742 and $5,159,129 respectively.  The incremental burden due to
this rule (above the previously approved ICR # 1773.06) is 50,188 hours.
The incremental Capital/Startup and O&M costs are $92,341 and $1,248,804
respectively.

Agency Tally

Exhibit 2 shows the estimated total annual burden and cost to the
Agency.  The estimated annual burden is 23,069 hours at a total cost of
$1,177,523.  The incremental burden due to this rule is 13,127 hours.

6(f). 	REASONS FOR CHANGE IN BURDEN

The increase in burden from the existing approved ICR #1773.06 is
primarily due to the addition of burden from Phase II sources.  The
final rule is now regulating boilers and hydrochloric acid production
furnaces under the MACT rule.  The universe of HWCs has now increased to
238 instead of 161 earlier.

6(g). 	BURDEN STATEMENT

  SEQ CHAPTER \h \r 1 	  The annual public reporting and recordkeeping
burden on each of the 238 units covered by this ICR is estimated to
average 847 hours.  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 currently
valid OMB control number.  The OMB control numbers for EPA's regulations
are listed in 40 CFR part 9.

  SEQ CHAPTER \h \r 1 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 RCRA-2002-0030, which is available for
public viewing at the EPA Resource Conservation and Recovery Act (RCRA)
Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW, 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
(202) 566-1744, and the telephone number for the EPA RCRA Docket is
(202) 566-0270. An electronic version of the public docket is available
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.  Use
EDOCKET to submit or view public comments, access the index listing of
the contents of the public 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 above.
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number RCRA-2002-0030 and OMB Control Number 2050-0171
in any correspondence.

 Numbers in the table do not include “sister” data-in-lieu units.
For these units, there will be no significant additional ICR costs
beyond those associated with the unit that is included in the Table 1

 Numbers in column do not add up to the total because some facilities
have more than one type of source category

 PAGE

 PAGE   iii


[Federal Register: November 23, 2007 (Volume 72, Number 225)]
[Notices]
[Page 65713-65714]
[DOCID:fr23no07-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-32-003]

Gulf South Pipeline Company, LP; Notice of Amendment

November 14, 2007.
    Take notice that on October 31, 2007, Gulf South Pipeline Company,
LP (Gulf South), filed in Docket No. CP07-32-003, an application
pursuant to section 7(c) of the Natural Gas Act (NGA) to amend the
September 28, 2007 Commission Order (120 FERC ] 61,291 (2007)) issuing
Gulf South a certificate to construct and operate its Southeast
Expansion Project. Specifically, to support the authorized Southeast
Expansion Project services, Gulf South states that due to changing
market conditions, it has identified that additional operational
efficiencies could be gained by facility modifications, and is now
proposing the construction of two smaller sized compressor units at the
new Delhi Compressor Station, rather than the four larger units
authorized in the September 28 Order, all as more fully set forth in
the application which is on file with the Commission and open to public
inspection.
    The instant filing may be also viewed on the web at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the

document. For assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Any questions regarding the application should be directed to J.
Kyle Stephens, Vice President of Regulatory Affairs, Boardwalk Pipeline
Partners, LP, 9 Greenway Plaza, Houston, Texas 77046; or fax to 713-
479-1846; or e-mail to<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: 5 p.m. Eastern Time on December 5, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-22830 Filed 11-21-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Notices]
[Page 27325]
[FR Doc No: 2018-12602]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-169-000]

Notice of Complaint: CPV Power Holdings, LP, Calpine Corporation,
Eastern Generation, LLC v. PJM Interconnection, LLC

    Take notice that on May 31, 2018, pursuant to sections 206 and 306
of the Federal Power Act, 16 U.S.C. 824e, 825e (2012), and Rule 206 of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206 (2017), CPV Power Holdings,
L.P., Calpine Corporation and Eastern Generation, LLC (collectively,
Complainants), filed a formal complaint against PJM Interconnection,
L.L.C. (Respondent) alleging that Respondent's Open Access Transmission
Tariff is unjust and unreasonable because it does not include any
provisions to effectively prevent the suppression of prices by
resources receiving state subsidies, all as more fully explained in the
complaint.
    Complainants certify that copies of the complaint were served on
the contacts for Respondent, as listed on the Commission's list of
Corporate Officials, and on persons listed on the official service
lists compiled by the Secretary in Docket Nos. EL16-49 and ER18-1314.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 20, 2018.

    Dated: June 1, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-12602 Filed 6-11-18; 8:45 am]
BILLING CODE 6717-01-P