that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or web coating/printing
operation that may affect emission capture or control device efficiency
are not violations if you demonstrate to the Administrator's
satisfaction that you were operating in accordance with Sec.
63.6(e)(1). * * *
* * * * *

Subpart PPPP--[Amended]

0
94. Section 63.4500 is amended by revising the first sentence in
paragraph (c) to read as follows:

Sec.  63.4500  What are my general requirements for complying with this
subpart?

* * * * *
    (c) If your affected source uses an emission capture system and
add-on control device, you must develop a written startup, shutdown,
and malfunction plan according to the provisions in Sec.  63.6(e)(3). *
* *

Sec.  63.4563  [Amended]

0
95. Section 63.4563 is amended by removing and reserving paragraph (g).

Section QQQQ--[Amended]

0
96. Section 63.4700 is amended by revising the first sentence in
paragraph (d) to read as follows:

Sec.  63.4700  What are my general requirements for complying with this
subpart?

* * * * *
    (d) If your affected source uses an emission capture system and
add-on control device, you must develop a written startup, shutdown,
and malfunction plan (SSMP) according to the provisions in Sec.
63.6(e)(3). * * *

0
97. Section 63.4763 is amended by:
0
a. Removing and reserving paragraph (g); and
0
b. Revising the first sentence in paragraph (h) to read as follows:

Sec.  63.4763  How do I demonstrate continuous compliance with the
emission limitations?

* * * * *
    (g) [Reserved]
    (h) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of SSM of the emission capture system, add-
on control device, or coating operation that may affect emission
capture or control device efficiency are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.  63.6(e)(1). * * *
* * * * *

Subpart RRRR--[Amended]

0
98. Section 63.4900 is amended by revising the first sentence in
paragraph (c) to read as follows:

Sec.  63.4900  What are my general requirements for complying with this
subpart?

* * * * *
    (c) If your affected source uses an emission capture system and
add-on control device to comply with the emission limitations in Sec.
63.4890, you must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3). * * *

Sec.  63.4962  [Amended]

0
99. Section 63.4962 is amended by removing and reserving paragraph (g).

Subpart UUUU--[Amended]

0
100. Section 63.5515 is amended by revising paragraph (c) to read as
follows:

Sec.  63.5515  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
(SSM) plan according to the provisions in Sec.  63.6(e)(3).
* * * * *

0
101. Section 63.5555 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising paragraph (d) to read as follows:

Sec.  63.5555  How do I demonstrate continuous compliance with the
emission limits, operating limits, and work practice standards?

* * * * *
    (c) [Reserved]
    (d) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1). The
Administrator will determine whether deviations that occur during a
period you identify as a startup, shutdown, or malfunction are
violations, according to the provisions in Sec.  63.6(e).

0
102. Table 10 to subpart UUUU of part 63 is amended by revising the
citation to Sec.  63.8(c)(1)(i) to read as follows:

Table 10 to Subpart UUUU of Part 63--Applicability of General
Provisions to Subpart UUUU

* * * * *

----------------------------------------------------------------------------------------------------------------
               Citation                        Subject             Brief description     Applies to subpart UUUU
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.8(c)(1)(i).................  Routine and Predictable  Keep parts for routine   Yes.
                                        SSM.                     repairs readily
                                                                 available; reporting
                                                                 requirements for SSM
                                                                 when action is
                                                                 described in SSM plan.

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

Subpart WWWW--[Amended]

0
103. Section 63.5835 is amended by revising paragraph (d) to read as
follows:

Sec.  63.5835  What are my general requirements for complying with this
subpart?

* * * * *
    (d) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.  63.6(e)(3) for any organic
HAP emissions limits you meet using an add-on control.

0
104. Section 63.5900 is amended by:
0
a. Revising paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:

Sec.  63.5900  How do I demonstrate continuous compliance with the
standards?

* * * * *
    (d) When you use an add-on control device to meet standards in
Sec.  63.5805, you are not required to meet those standards during
periods of startup, shutdown, or malfunction, but you must operate your
affected source to minimize emissions in accordance with Sec.
63.6(e)(1).
    (e) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of malfunction for those affected sources
and standards specified in paragraph (d) of this section are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1). * * *

Subpart XXXX--[Amended]

0
105. Section 63.5990 is amended by revising paragraph (d) to read as
follows:

Sec.  63.5990  What are my general requirements for complying with this
subpart?

* * * * *
    (d) For each affected source that complies with the emission limits
in Tables 1 through 3 to this subpart using a control device, you must
develop a written startup, shutdown, and malfunction plan according to
the provisions in Sec.  63.6(e)(3).
* * * * *

Subpart YYYY--[Amended]

0
106. Section 63.6140 is amended by revising paragraph (c) to read as
follows:

Sec.  63.6140  How do I demonstrate continuous compliance with the
emission and operating limitations?

* * * * *
    (c) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, and malfunction are
not violations if you have operated your stationary combustion turbine
in accordance with Sec.  63.6(e)(1)(i).

0
107. Section 63.6175 is amended by revising paragraph (4) under the
definition of deviation to read as follows:

Sec.  63.6175  What definitions apply to this subpart?

* * * * *
    Deviation * * *
* * * * *
    (4) Fails to satisfy the general duty to minimize emissions
established by Sec.  63.6(e)(1)(i).
* * * * *

Subpart ZZZZ--[Amended]

0
108. Section 63.6640 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising the first sentence in paragraph (d) to read as follows:

Sec.  63.6640  How do I demonstrate continuous compliance with the
emission limitations and operating limitations?

* * * * *
    (c) [Reserved]
    (d) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
from the emission or operating limitations that occur during a period
of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.  63.6(e)(1). * * *
* * * * *

0
109. Section 63.6675 is amended by revising paragraph (4) under the
definition of deviation and by revising the first sentence in the
definition of malfunction to read as follows:

Sec.  63.6675  What definitions apply to this subpart?

* * * * *
    Deviation * * *
* * * * *
    (4) Fails to satisfy the general duty to minimize emissions
established by Sec.  63.6(e)(1)(i).
* * * * *
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. * * *
* * * * *

Subpart AAAAA--[Amended]

0
110. Section 63.7100 is amended by revising paragraph (e) to read as
follows:

Sec.  63.7100  What are my general requirements for complying with this
subpart?

* * * * *
    (e) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).

0
111. Section 63.7121 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising the first sentence in paragraph (d) to read as follows:

Sec.  63.7121  How do I demonstrate continuous compliance with the
emission limitations standard?

* * * * *
    (c) [Reserved]
    (d) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1). * * *
* * * * *

Subpart BBBBB--[Amended]

0
112. Section 63.7185 is amended by revising the first sentence in
paragraph (c) to read as follows:

Sec.  63.7185  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan (SSMP). * * *
* * * * *

Sec.  63.7187  [Amended]

0
113. Section 63.7187 is amended by removing and reserving paragraph
(d).

Subpart CCCCC--[Amended]

0
114. Section 63.7310 is amended by revising paragraph (c) to read as
follows:

Sec.  63.7310  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.  63.6(e)(3).

0
115. Section 63.7336 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:

Sec.  63.7336  What other requirements must I meet to demonstrate
continuous compliance?

* * * * *
    (b) Startup, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.  63.6(e)(1).
* * * * *

Subpart DDDDD--[Amended]

0
116. Section 63.7505 is amended by revising paragraph (e) to read as
follows:

Sec.  63.7505  What are my general requirements for complying with this
subpart?

* * * * *
    (e) If you have an applicable emission limit or work practice
standard, you must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).

0
117. Section 63.7540 is amended by:
0
a. Revising the first sentence in paragraph (a)(9);
0
b. Removing and reserving paragraph (c); and
0
c. Revising the first sentence in paragraph (d) to read as follows:

Sec.  63.7540  How do I demonstrate continuous compliance with the
emission limits and work practice standards?

    (a) * * *
    (9) If your unit is controlled with a fabric filter, and you
demonstrate continuous compliance using a bag leak detection system,
you must initiate corrective action within 1 hour of a bag leak
detection system alarm and complete corrective actions as soon as
practical, and operate and maintain the fabric filter system such that
the alarm does not sound more than 5 percent of the operating time
during a 6-month period. * * *
* * * * *
    (c) [Reserved]
    (d) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you

demonstrate to the EPA Administrator's satisfaction that you were
operating in accordance with Sec.  63.6(e)(1). * * *
0
118. Table 10 to subpart DDDDD of part 63 is amended by revising the
citation to Sec.  63.8(c)(1)(iii) to read as follows:

Table 10 to Subpart DDDDD of Part 63--Applicability of General
Provisions to Subpart DDDDD

* * * * *

----------------------------------------------------------------------------------------------------------------
               Citation                        Subject             Brief description            Applicable
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.8(c)(1)(iii)...............  Compliance with          Must develop an SSMP     Yes.
                                        Operation and            for CMS.
                                        Maintenance.

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

Subpart EEEEE--[Amended]

0
119. Section 63.7720 is amended by revising the first sentence in
paragraph (c) to read as follows:

Sec.  63.7720  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.  63.6(e)(3). * * *
0
120. Section 63.7746 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:

Sec.  63.7746  What other requirements must I meet to demonstrate
continuous compliance?

* * * * *
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with the
requirements of Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that
occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1).
* * * * *

Subpart FFFFF--[Amended]

0
121. Section 63.7810 is amended by revising paragraph (c) to read as
follows:

Sec.  63.7810  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.  63.6(e)(3).

0
122. Section 63.7835 is amended by removing introductory text to
paragraph (b) and revising paragraph (b)(1) to read as follows:

Sec.  63.7835  What other requirements must I meet to demonstrate
continuous compliance?

* * * * *
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.  63.6(e)(1).
* * * * *

Subpart GGGGG--[Amended]

0
123. Section 63.7935 is amended by:
0
a. Revising paragraph (c);
0
b. Removing and reserving paragraph (d); and
0
c. Revising the first sentence in paragraph (f) to read as follows:

Sec.  63.7935  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).
    (d) [Reserved]
* * * * *
    (f) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1). * * *
* * * * *

0
124. Table 3 to subpart GGGGG of part 63 is amended by revising the
citation to Sec.  63.8(c)(1)(i) to read as follows:

Table 3 to Subpart GGGGG of Part 63--Applicability of General
Provisions to Subpart GGGGG

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                Applies to subpart
               Citation                        Subject             Brief description              GGGGG
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.8(c)(1)(i).................  Routine and Predictable  Keep parts for routine   Yes.
                                        SSM.                     repairs readily
                                                                 available; reporting
                                                                 requirements for SSM
                                                                 when action is
                                                                 described in SSM plan.

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

Subpart HHHHH--[Amended]

0
125. Table 10 to Subpart HHHHH is amended by adding in numerical order
a new entry for 63.6(e)(3)(ix) to read as follows:

Table 10 to Subpart HHHHH of Part 63--Applicability of General
Provisions to Subpart HHHHH

* * * * *

------------------------------------------------------------------------
          Citation                   Subject             Explanation
------------------------------------------------------------------------

                              * * * * * * *
Sec.   63.6(e)(3)(ix).......  Title V permit......  Yes.

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

Subpart IIIII--[Amended]

0
126. Section 63.8226 is amended by revising paragraph (b) to read as
follows:

Sec.  63.8226  What are my general requirements for complying with this
subpart?

* * * * *
    (b) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).

0
127. Section 63.8248 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:

Sec.  63.8248  What other requirements must I meet?

* * * * *
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.  63.6(e)(1).
* * * * *

Subpart JJJJJ--[Amended]

0
128. Section 63.8420 is amended by revising paragraph (c) to read as
follows:

Sec.  63.8420  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).
* * * * *

0
129. Section 63.8470 is amended by:
0
a. Removing and reserving paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:

Sec.  63.8470  How do I demonstrate continuous compliance with the
emission limitations?

* * * * *
    (d) [Reserved]
    (e) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1) and your OM&M
plan. * * *
* * * * *

Subpart KKKKK--[Amended]

0
130. Section 63.8570 is amended by revising paragraph (c) to read as
follows:

Sec.  63.8570  What are my general requirements for complying with this
subpart?

* * * * *
    (c) For each kiln that is subject to the emission limits specified
in Table 1 to this subpart, you must develop a written startup,
shutdown, and malfunction plan (SSMP) according to the provisions in
Sec.  63.6(e)(3).
* * * * *

0
131. Section 63.8620 is amended by:
0
a. Removing and reserving paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:

Sec.  63.8620  How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

* * * * *
    (d) [Reserved]
    (e) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1) and your OM&M
plan. * * *
* * * * *

Subpart LLLLL--[Amended]

0
132. Section 63.8685 is amended by revising paragraph (c) to read as
follows:

Sec.  63.8685  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).
* * * * *

0
133. Section 63.8691 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising the first sentence in paragraph (d) to read as follows:

Sec.  63.8691  How do I demonstrate continuous compliance with the
operating limits?

* * * * *
    (c) [Reserved]
    (d) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1). * * *

0
134. Table 7 to subpart LLLLL of part 63 is amended by revising the
citation to Sec.  63.8(c)(1)(i) to read as follows:

Table 7 to Subpart LLLLL of Part 63--Applicability of General
Provisions to Subpart LLLLL

----------------------------------------------------------------------------------------------------------------
                                                                                Applies to subpart
               Citation                        Subject             Brief description              LLLLL
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.8(c)(1)(i).................  Routine and predictable  1. Keep parts for        Yes.
                                        CMS malfunction.         routine repairs
                                                                 readily available.
                                                                2. Reporting
                                                                 requirements for CMS
                                                                 malfunction when
                                                                 action is described in
                                                                 SSM plan.

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

Subpart MMMMM--[Amended]

0
135. Section 63.8794 is amended by revising paragraph (e) to read as
follows:

Sec.  63.8794  What are my general requirements for complying with this
subpart?

* * * * *
    (e) For each new or reconstructed flame lamination affected source,
you must develop a written startup, shutdown, and malfunction plan
according to the provisions in Sec.  63.6(e)(3).
* * * * *

0
136. Section 63.8812 is amended by:
0
a. Removing and reserving paragraph (c); and
0
b. Revising the first sentence in paragraph (d) to read as follows:

Sec.  63.8812  How do I demonstrate continuous compliance with the
emission limitations?

* * * * *
    (c) [Reserved]
    (d) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur at a new or reconstructed flame lamination affected source
during a period of startup, shutdown, or malfunction are not violations
if you demonstrate to the Administrator's satisfaction that you were
operating in accordance with Sec.  63.6(e)(1). * * *
* * * * *

Subpart NNNNN--[Amended]

0
137. Section 63.9005 is amended by revising paragraph (c) to read as
follows:

Sec.  63.9005  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.  63.6(e)(3).
* * * * *

0
138. Section 63.9040 is amended by:
0
a. Removing and reserving paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:

Sec.  63.9040  How do I demonstrate continuous compliance with the
emission limitations and work practice standards?

* * * * *
    (d) [Reserved]
    (e) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1). * * *

Subpart PPPPP--[Amended]

0
139. Section 63.9305 is amended by revising the first sentence in
paragraph (c) to read as follows:

Sec.  63.9305  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written SSM plan (SSMP) for emission control
devices and associated monitoring equipment according to the provisions
in Sec.  63.6(e)(3). * * *

0
140. Section 63.9340 is amended by removing introductory text in
paragraph (c) and revising paragraph (c)(1) to read as follows:

Sec.  63.9340  How do I demonstrate continuous compliance with the
emission limitations?

* * * * *
    (c) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a
period of SSM of control devices and associated monitoring equipment
are not violations if you demonstrate to the Administrator's
satisfaction that you were operating in accordance with Sec.
63.6(e)(1).
* * * * *

0
141. Section 63.9375 is amended by revising the first sentence in the
definition of malfunction to read as follows:

Sec.  63.9375  What definitions apply to this subpart?

    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner which
causes, or has the potential to cause, the emission limitations in an
applicable standard to be exceeded. * * *
* * * * *

0
142. Table 7 to subpart PPPPP of part 63 is amended by revising the
citation to Sec.  63.8(c)(1)(i) to read as follows:

Table 7 to Subpart PPPPP of Part 63--Applicability of General
Provisions to Subpart PPPPP

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                Applies to subpart
               Citation                        Subject             Brief description              PPPPP
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.8(c)(1)(i).................  Routine and predictable  1. Keep parts for        Yes.
                                        CMS malfunctions.        routine repairs of CMS
                                                                 readily available.
                                                                2. Reporting
                                                                 requirements for SSM
                                                                 when action is
                                                                 described in SSMP.

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

Subpart QQQQQ--[Amended]

0
143. Section 63.9505 is amended by revising paragraph (c) to read as
follows:

Sec.  63.9505  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.  63.6(e)(3).

0
144. Section 63.9530 is amended by:
0
a. Removing and reserving paragraph (d); and
0
b. Revising the first sentence in paragraph (e) to read as follows:

Sec.  63.9530  How do I demonstrate continuous compliance with the
emission limitation that applies to me?

* * * * *
    (d) [Reserved]
    (e) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1). * * *

Subpart RRRRR--[Amended]

0
145. Section 63.9610 is amended by revising paragraph (c) to read as
follows:

Sec.  63.9610  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.  63.6(e)(3).

0
146. Section 63.9637 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:

Sec.  63.9637  What other requirements must I meet to demonstrate
continuous compliance?

* * * * *
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.  63.6(e)(1).
* * * * *

Subpart SSSSS--[Amended]

0
147. Section 63.9792 is amended by revising paragraph (c) to read as
follows:

Sec.  63.9792  What are my general requirements for complying with this
subpart?

* * * * *
    (c) You must develop a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec.  63.6(e)(3).
* * * * *
0
148. Section 63.9810 is amended by removing and reserving paragraph
(e)(1) and revising the first sentence in paragraph (e)(2) to read as
follows:

Sec.  63.9810  How do I demonstrate continuous compliance with the
emission limits, operating limits, and work practice standards?

* * * * *
    (e) * * *
    (1) [Reserved]
    (2) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with Sec.  63.6(e)(1) and your OM&M
plan. * * *

Subpart TTTTT--[Amended]

0
149. Section 63.9910 is amended by revising paragraph (b) to read as
follows:

Sec.  63.9910  What are my general requirements for complying with this
subpart?

* * * * *
    (b) You must develop a written startup, shutdown, and malfunction
plan according to the provisions in Sec.  63.6(e)(3).

0
150. Section 63.9925 is amended by removing introductory text in
paragraph (b) and revising paragraph (b)(1) to read as follows:

Sec.  63.9925  What other requirements must I meet to demonstrate
continuous compliance?

* * * * *
    (b) Startups, shutdowns, and malfunctions. (1) Consistent with
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a
period of startup, shutdown, or malfunction are not violations if you
demonstrate to the Administrator's satisfaction that you were operating
in accordance with Sec.  63.6(e)(1).
* * * * *

PART 65--[AMENDED]

0
151. The authority citation of part 65 continues to read as follows:

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

Subpart A--[Amended]

0
152. Section 65.2 is amended by revising the first sentence in the
definition of malfunction to read as follows:

Sec.  65.2  Definitions.

* * * * *
    Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, monitoring
equipment, process equipment, or a process to operate in a normal or
usual manner which causes, or has the potential to cause, the emission
limitations in an applicable standard to be exceeded. * * *
* * * * *

0
153. Section 65.3 is amended by
0
a. Revising the second sentence in paragraph (a)(3);
0
b. Revising the first sentence in paragraph (a)(4); and
0
c. Revising paragraph (b)(2)(i) to read as follows:

Sec.  65.3  Compliance with standards and operation and maintenance
requirements.

    (a) * * *
    (3) * * * The measures to be taken may include, but are not limited
to, air pollution control technologies, recovery technologies, work
practices, pollution prevention, monitoring, and/or changes in the
manner of operation of the regulated source. * * *
    (4) Malfunctions shall be corrected as soon as practical after
their occurrence. * * *
* * * * *
    (b) * * *
    (2) * * *
    (i) During periods of startup, shutdown, or malfunction (and the
source is operated during such periods in accordance with Sec.
65.3(a)(3)), a monitoring parameter is outside its established range or
monitoring data cannot be collected; or
* * * * *

0
154. Section 65.6 is amended by:
0
a. Revising the first and fourth sentences in paragraph (b)(1)
introductory text;
0
b. Revising paragraph (b)(2); and
0
c. Revising paragraph (c)(3) to read as follows:

Sec.  65.6  Startup, shutdown, and malfunction plan and procedures.

* * * * *
    (b) Startup, shutdown, and malfunction plan--(1) Description and
purpose of plan. The owner or operator of a regulated source shall
develop a written startup, shutdown, and malfunction plan that
describes, in detail, procedures for operating and maintaining the
regulated source during periods of startup, shutdown, and malfunction
and a program of corrective action for malfunctioning process and air
pollution control equipment used to comply with the relevant standard.
* * * The requirement to develop this plan shall be incorporated into
the source's title V permit. * * *
* * * * *
    (2) Operation of source. During periods of startup, shutdown, and
malfunction, the owner or operator of a regulated source shall operate
and maintain such source (including associated air pollution control
equipment and CPMS) in accordance with Sec.  65.3(a). The general duty
to minimize emissions during a period of startup, shutdown, or
malfunction does not require the owner or operator to achieve emission
levels that would be required by the applicable standard at other times
if this is not consistent with safety and good air pollution control
practices, nor does it require the owner or operator to make any
further efforts to reduce emissions if levels required by the
applicable standard have been achieved. Determination of whether such
operation and maintenance procedures are being used will be based on
information available to the

Administrator which may include, but is not limited to, monitoring
results, review of operation and maintenance procedures (including the
startup, shutdown, and malfunction plan required in paragraph (b)(1) of
this section), review of operation and maintenance records, and
inspection of the source.
* * * * *
    (c) * * *
    (3) If actions taken by an owner or operator during a startup,
shutdown, and malfunction of a regulated source, or of a control device
or monitoring system required for compliance (including actions taken
to correct a malfunction) are consistent with the procedures specified
in the source's startup, shutdown, and malfunction plan, then the owner
or operator shall state such information in a startup, shutdown, and
malfunction report, and describe the actions taken. Such description
can take the form of a checklist; only one checklist is necessary if
actions taken are the same for multiple events during the reporting
period.
* * * * *

0
155. Section 65.115 is amended by revising the last sentence in
paragraph (b)(1) and the last sentence in paragraph (b)(2) to read as
follows:

Sec.  65.115  Standards: Closed vent systems and control devices; or
emissions routed to a fuel gas system or process.

* * * * *
    (b) Compliance standard. (1) * * * Note that this includes the
startup, shutdown, and malfunction provisions of Sec.  65.6.
    (2) * * * Note that this includes the startup, shutdown, and
malfunction provisions of Sec.  65.6.

0
156. Section 65.156 is amended by revising paragraphs (d)(3)(i) and
(ii) to read as follows:

Sec.  65.156  General monitoring requirements for control and recovery
devices.

* * * * *
    (d) * * *
    (3) * * *
    (i) Excursions which occur during periods of startup, shutdown, and
malfunction, when the source is being operated during such periods to
minimize emissions in accordance with Sec.  65.3(a)(3).
    (ii) Excursions which occur due to failure to collect a valid hour
of data during periods of startup, shutdown, and malfunction, when the
source is being operated during such periods in accordance with Sec.
65.3(a)(3).
* * * * *

0
157. Section 65.161 is amended by revising paragraph (e)(2)(iv)(A) to
read as follows:

Sec.  65.161  Continuous records and monitoring data system handling.

* * * * *
    (e) * * *
    (2) * * *
    (iv) * * *
    (A) The daily average value during any startup, shutdown, or
malfunction shall not be considered an excursion for purposes of this
paragraph (e) if the owner or operator operates the source in
accordance with Sec.  65.3(a).
* * * * *

0
158. Section 65.163 is amended by revising paragraph (c)(2) to read as
follows:

Sec.  65.163  Other records.

* * * * *
    (c) * * *
    (2) For each startup, shutdown, and malfunction during which excess
emissions occur, records whether the procedures specified in the
source's startup, shutdown, and malfunction plan were followed, and a
description of actions taken to minimize emissions. For example, if a
startup, shutdown, and malfunction plan includes procedures for routing
control device emissions to a backup control device (for example, the
incinerator for a halogenated stream could be routed to a flare during
periods when the primary control device is out of service), records
must be kept of whether the plan was followed. These records may take
the form of a checklist or other form of recordkeeping that confirms
conformance with the startup, shutdown, and malfunction plan for the
event.
* * * * *
[FR Doc. 06-3312 Filed 4-19-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Proposed Rules]
[Pages 54223-54224]
[FR Doc No: 2014-21697]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter 1

[Docket Number No. FAA-2014-0463]

Policy on the Non-Aeronautical Use of Airport Hangars; Extension
for Comments

AGENCY: Federal Aviation Administration (FAA).

ACTION: Notice of proposed policy; 30 day extension for comments.

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

SUMMARY: The Federal Aviation Administration (FAA) has recently issued
a notice of proposed policy. Significant interest among the aviation
community, industry representatives, and congressional representatives
has compelled the FAA to extend the comment period by 30 days. FAA will
consider comments submitted to the docket by Monday, October 6, 2014.

DATES: Comments regarding this policy must be received on or before
October 6, 2014.

ADDRESSES: You may send comments [identified by Docket Number FAA-2014-
0463] using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Fax: 1-202-493-2251.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Manager, Airport
Compliance Division, ACO-100, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591, telephone (202) 267-
3085; facsimile:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Privacy: We will post all comments we
receive, without change, to http://www.regulations.gov, including any
personal information you provide. Using the search function of our
docket Web site, anyone can find and read the comments received into
any of our dockets, including the name of the individual sending the
comment (or signing the comment for an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477-78).

Statutory Authority

    This notice is published under the authority described in Title 49
of the United States Code, Subtitle VII, part B, chapter 471, section
47122(a).

    Issued in Washington, DC, on September 5, 2014.
Randall S. Fiertz,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2014-21697 Filed 9-10-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51834-51836]
[FR Doc No: 2018-22185]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-9378; Airspace Docket No. 17-ASW-13]
RIN 2120-AA66

Establishment of Class D and E Airspace, and Amendment of Class E
Airspace; Austin, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class D airspace, Class E surface
airspace, and amends Class E airspace extending upward from 700 feet
above the surface at Austin Executive Airport, Austin, TX. The FAA
conducted an airspace review and determined that airspace redesign is
necessary due to the establishment of an air traffic control tower at
the airport. Also, an editorial change is made removing the city
associated with the airport names in the exiting Class E airspace. This
action enhances the safety and management of instrument flight rules
(IFR) operations at these airports. Additionally, exclusionary language
is added, which was inadvertently left out of the Class D airspace
description, and the geographic coordinates are corrected for Lago
Vista-Rusty Allen Airport.

DATES: Effective 0901 UTC, January 3, 2019. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would support IFR operations at Austin Executive Airport, Austin,
TX.

History

    On February 1, 2018, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class D and Class E
surface airspace, and amend Class E airspace extending upward from 700
feet above the surface at Austin Executive Airport, Austin, TX (83 FR
4613) Docket No. FAA-2017-9378.
    Subsequent to publication, the FAA found the Class C airspace
exclusion was omitted from the Class D airspace description for Austin
Executive Airport. Also, the geographic coordinates for Lago Vista-
Rusty Allen Airport are updated in this rule.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. Five
comments were received in support of the proposal.
    In their comment, AOPA stated that the NPRM did not comply with FAA
guidance in FAA Order 7400.2L, Procedures for Handling Airspace
Matters, because a graphic was not included in the docket.
Additionally, AOPA encouraged the FAA to follow

their guidance in the Order by making the action effective date
coincidental to the sectional chart publication date.
    The FAA has determined AOPA's comments raised no substantive issues
with respect to the proposed changes to the airspace addressed in the
NPRM. To the extent the FAA failed to follow its policy guidance
reference publishing graphics in the docket and establishing the Class
D airspace effective date to match the sectional chart date, we note
the following.
    Specific to AOPA's comment regarding the FAA already creating a
graphical depiction of new or modified airspace overlaid on a Sectional
Chart for quality assurance purposes, this is not correct nor required
in all cases. During the airspace reviews, airspace graphics may be
created, if deemed necessary, to determine if there are any terrain
issues, or if cases are considered complex. However, in many cases when
developing an airspace amendment proposal, a graphic is not required.
    With respect to AOPA's comment addressing effective dates, FAA
Order 7400.2L, paragraph 2-3-7.a.4. states that, to the extent
practicable, Class D airspace area and restricted area rules should
become effective on a sectional chart date and that consideration
should be given to selecting a sectional chart date that matches a 56-
day en route chart cycle date. The FAA does consider Class D and E
airspace amendment effective dates to coincide with the publication of
sectional charts, to the extent practicable; however, this
consideration is accomplished after the NPRM comment period ends in the
final rule. Substantive comments received to NPRMs, flight safety
concerns, management of IFR operations at affected airports, and
immediacy of required proposed airspace amendments are some of the
factors that must be taken into consideration when selecting the
appropriate effective date. After considering all factors, the FAA may
determine that selecting an effective date that conforms to a 56-day en
route chart cycle date that is not coincidental to sectional chart
dates is better for the National Airspace System and its users than
awaiting the next sectional chart date.
    Class D and E airspace designations are published in paragraph
5000, 6002, and 6005, respectively, of FAA Order 7400.11C, dated August
13, 2018, and effective September 15, 2018, which is incorporated by
reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA amends Title 14 Code of Federal Regulations (14 CFR) part
71 by:
    Establishing Class D airspace at Austin Executive Airport, Austin,
TX, within a 4.1-mile radius of the airport, and adding to the airspace
description ``excluding the Austin Class C airspace''. Establishing
Class E surface airspace within a 4.1-mile radius of Austin Executive
Airport, Austin, TX; and
    Amending Class E airspace extending upward from 700 feet above the
surface to within a 6.3-mile radius (decreased from a 6.5-mile radius)
of Austin Executive Airport, and within 2 miles each side of the
131[deg] bearing (previously the 132[deg] bearing) from the airport
extending from the 6.3-mile radius to 11.3 miles (increased from a
10.4-miles) southeast of the airport, and within 2 miles each side of
the 311[deg] bearing from the airport extending from the 6.3-mile
radius to 10.5 miles (decreased from 11.2 miles) northwest of the
airport. Also, due to a change to FAA Order 7400.2L, Procedures for
Handling Airspace Matters, the city name is removed from Lakeway
Airpark, Austin Executive Airport, and Lago Vista-Rusty Allen Airport.
    Class D and E airspace areas are published in paragraph 5000, 6002,
and 6005, respectively, of FAA Order 7400.11C, dated August 13, 2018,
and effective September 15, 2018, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Austin, TX [New]

Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)

    That airspace extending upward from the surface to and including
3,000 feet MSL within a 4.1-mile radius of Austin Executive Airport,
excluding the Austin Class C airspace. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will

thereafter be continuously published in the Chart Supplement.
* * * * *

Paragraph 6002 Class E Surface Area Airspace.

ASW TX E2 Austin, TX [New]

Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)

    That airspace within a 4.1-mile radius of Austin Executive
Airport, excluding the Austin Class C airspace. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

ASW TX E5 Austin, TX [Amended]

Point of Origin
    (Lat. 30[deg]17'55'' N, long. 97[deg]42'06'' W)
Lakeway Airpark, TX
    (Lat. 30[deg]21'27'' N, long. 97[deg]59'40'' W)
Austin Executive Airport, TX
    (Lat. 30[deg]23'51'' N, long. 97[deg]33'59'' W)
Lago Vista-Rusty Allen Airport, TX
    (Lat. 30[deg]29'55'' N, long. 97[deg]58'10'' W)

    That airspace extending upward from 700 feet above the surface
within a 14-miles radius of the Point of Origin, and within a 6.4-
mile radius of Lakeway Airpark, and within a 6.4-mile radius of Lago
Vista-Rusty Allen Airport, and within a 6.3-mile radius of Austin
Executive Airport, and within 2 miles each side of the 131[deg]
bearing from Austin Executive Airport, extending from the 6.3-mile
radius to 11.3 miles southeast of the airport, and within 2 miles
each side of the 311[deg] bearing from Austin Executive Airport
extending from the 6.3-mile radius to 10.5 miles northwest of the
airport.

    Issued in Fort Worth, Texas, on October 3, 2018.
Walter Tweedy,
Manager (A), Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-22185 Filed 10-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14597-14603]
[FR Doc No: 2018-06876]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2017-0003; FRL-9976-40-OAR]

Air Quality Designations for the 2010 Sulfur Dioxide (SO2)
Primary National Ambient Air Quality Standard--Round 3--Supplemental
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is withdrawing the
designation of Unclassifiable for the Citrus County, Florida, area that
the EPA originally promulgated on December 21, 2017, and is
establishing a designation of Attainment/Unclassifiable for that area
as part of promulgating initial air quality designations for certain
areas in the United States (U.S.) for the 2010 sulfur dioxide
(SO2) primary National Ambient Air Quality Standard (NAAQS).
This action supplements our December 2017 action, which together
comprise the third of four expected rounds of actions to designate
areas of the U.S. for the 2010 SO2 NAAQS. This third round
of designations is based on application of the EPA's nationwide
analytical approach and technical analysis, including evaluation of
monitoring data and air quality modeling, to determine the appropriate
designation based on the weight of evidence for each area.

DATES: This final rule is effective on April 9, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2017-0003. All documents in the docket are
listed in the index at http://www.regulations.gov website. Although
listed in the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in the docket or in hard copy at the
Docket, WJC West Building, Room 3334, 1301 Constitution Avenue NW,
Washington, DC 20004. The hours of operation at the EPA Docket Center
are 8:30 a.m.- 4:30 p.m., Monday-Friday. The telephone number for the
Public Reading Room is<PHONE_NUMBER>. Air dispersion modeling input
and output files are too large to post in the docket or on the website
and must be requested from the EPA Docket Office or the Regional office
contacts listed in the FOR FURTHER INFORMATION CONTACT section.
    In addition, the EPA has established a website for the initial
SO2 designations rulemakings at: https://www.epa.gov/sulfur-dioxide-designations. The website includes the EPA's final
SO2 designations, as well as state and tribal recommendation
letters, the EPA's modification letters, technical support documents,
responses to comments and other related technical information.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this
action, please contact Liz Etchells, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality Policy Division, C539-01, Research
Triangle Park, NC 27709, telephone<PHONE_NUMBER>, email at
[email protected]. The following EPA contacts can answer
questions regarding areas in a particular EPA Regional office:
    U.S. EPA Regional Office Contact:
    Region IV--Twunjala Bradley, telephone<PHONE_NUMBER>, email at
[email protected].
    The public may inspect the rule and state-specific technical
support information at the following locations:

------------------------------------------------------------------------
            Regional offices                          States
------------------------------------------------------------------------
R. Scott Davis, Chief, Air Planning and  Alabama, Florida, Georgia,
 Implementation Branch, EPA Region IV,    Kentucky, Mississippi, North
 Sam Nunn Atlanta Federal Center, 61      Carolina, South Carolina and
 Forsyth, Street SW, 12th Floor,          Tennessee.
 Atlanta, GA 30303,<PHONE_NUMBER>.
------------------------------------------------------------------------

    The information can also be reviewed online at https://www.epa.gov/sulfur-dioxide-designations and in the public docket for these
SO2 designations at https://www.regulations.gov under Docket
ID No. EPA-HQ-OAR-2017-0003.

SUPPLEMENTARY INFORMATION:

Table of Contents

    The following is an outline of the Preamble.

I. Preamble Glossary of Terms and Acronyms
II. What is the purpose of this supplemental action?
III. Designation Decision Based on 2015-2017 Data
IV. Effective Date of This Action
V. Comments Received During the Third Round Public Comment Period
Regarding Changing Final Designations
VI. Environmental Justice Concerns
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Government.
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    L. Congressional Review Act (CRA)
    M. Judicial Review

I. Preamble Glossary of Terms and Acronyms

    The following are abbreviations of terms used in the preamble.

APA Administrative Procedure Act
CAA Clean Air Act
CFR Code of Federal Regulations
DC District of Columbia
E.O. Executive Order
EPA Environmental Protection Agency
FR Federal Register
NAAQS National Ambient Air Quality Standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
SO2 Sulfur Dioxide
RFA Regulatory Flexibility Act
UMRA Unfunded Mandate Reform Act of 1995
TAR Tribal Authority Rule
TSD Technical Support Document
U.S. United States

II. What is the purpose of this supplemental action?

    On December 21, 2017, the Administrator of the EPA promulgated a
third round of initial air quality designations for certain areas in
the U.S. for the 2010 SO2 primary NAAQS (83 FR 1098, January
9, 2018), in accordance with section 107(d) of the Clean Air Act (CAA).
The list of newly designated areas in each state, the boundaries of
each area, and the designation of each area, appear in the tables at
the end of that action. Six areas were designated as Nonattainment; 23
areas were designated Unclassifiable; and the rest of the areas covered
by the third round in all states, territories, and tribal lands were
designated Attainment/Unclassifiable. The purpose of this action is to
withdraw the SO2 designation for one area that we designated
as Unclassifiable in the December 2017 action and designate that area
as Attainment/Unclassifiable.
    The December 2017 action provided that these designations be
effective 90 days from the date of publication in the Federal Register
(i.e., April 9, 2018). Because the designations were promulgated so
close to the end of the 2017 calendar year, the EPA indicated in that
action that if any state were to submit complete, quality-assured,
certified 2017 data or related information about 2017 air quality to
the EPA by February 28, 2018, that supported a change of the
designation status for any area within that state, and if the EPA
agreed that a change of designation status is appropriate, then we
would withdraw the designation announced in the December 2017 action
for the area and issue the appropriate designation that reflects the
inclusion and analysis of such information. The EPA received such 2017
air quality information from the state of Florida prior to February 28,
2018, and this information is available in the docket for this
action.\1\ Based on our evaluation of these data, in this supplemental
action, the EPA is changing the designation status from Unclassifiable
to Attainment/Unclassifiable for one portion of Citrus County, Florida.
The portion of Citrus County affected by this surrounds the Crystal
River Power Plant.\2\
---------------------------------------------------------------------------

    \1\ Documents EPA-HQ-OAR-2017-0003-0701, EPA-HQ-OAR-2017-0003-
0702, EPA-HQ-OAR-2017-0003-0703, and EPA-HQ-OAR-2017-0003-0704 in
Docket ID No. EPA-HQ-OAR-2017-0003.
    \2\ Specifically, the boundary is comprised of census block
groups 4504004 and 4505002.
---------------------------------------------------------------------------

    The December 2017 action was based on application of the EPA's
nationwide analytical approach and technical analysis, including
evaluation of monitoring data and air quality modeling, to determine
the appropriate designation based on the weight of evidence for each
area, which are hereby incorporated by reference into this supplement
of that action (see 83 FR at 1099-1100).
    Modification to the initial designation for this area does not
represent a ``redesignation'' because this change is a withdrawal of
the initial designation prior to its effective date and issuance of a
new initial designation. We are making this change to reflect the most
recent 3 years of complete, quality-assured, and certified data that
have become available prior to the effective date of the designations.
    In the December 2017 action, we also stated that if certified 2017
data indicated a violation of the standard in an area we initially
designated as Attainment/Unclassifiable or Unclassifiable, the EPA
would evaluate the reason for the violation and determine the
appropriate course of action, including the possibility of
redesignation to Nonattainment. No states submitted certified 2017 data
by February 28, 2018, to indicate a violation of the standard in any
area initially designated as Attainment/Unclassifiable or
Unclassifiable.

III. Designation Decision Based on 2015-2017 Data

    On August 22, 2017, the EPA indicated an intent to designate a
portion of Citrus County, Florida as Nonattainment based on the most
recent three years, at that time, of complete, quality-assured,
certified data from a monitor (2014-2016) indicating a

violating 1-hr SO2 design value of 81 parts per billion
(ppb). The EPA explained in its Technical Support Document (TSD) for
the intended designations (See, Chapter 9, page 101) \3\ that if, prior
to the effective date of designations, the Citrus County SO2
monitor produced a valid attaining design value for the 2015-2017
period, and credible modeling was provided for the area that indicated
attainment for the current 3-year period, then the EPA would change the
designation of the area to Attainment/Unclassifiable and the designated
area would be Citrus County in its entirety. Prior to the final
designations in the December 2017 action, in October and November of
2017, Florida provided a new air quality modeling analysis to
characterize the maximum 1-hour SO2 concentrations in the
area and demonstrated attainment throughout the modeled area, (See,
Chapter 9, pages 4-49 of the TSD).\4\ That modeling utilized emissions
that are representative of actual emissions from the most recent
available 3-year period, July 2014 through June 2017. In December 2017,
Florida also submitted early-certified monitoring data through December
9, 2017, at monitoring AQS Site # 12-017-0006 in Citrus County,
Florida. The EPA indicated in the TSD that if the monitor did not
record 4 daily maximum 1-hour averages of 90 ppb or higher between
December 10 and December 31, 2017, then the 4th highest value would be
89 ppb or less and the design value calculation for 2015-2017 would be
lower than the NAAQS. Based on the above information, the EPA
determined there was uncertainty whether the area was meeting the 2010
SO2 primary NAAQS based on the available monitoring data and
modeling analyses, and designated a portion of Citrus County as
Unclassifiable in the December 2017 final action.
---------------------------------------------------------------------------

    \3\ Technical Support Document: Intended Round 3 Area
Designations for the 2010 1-Hour SO2 Primary National
Ambient Air Quality Standard for Florida, August 2017. https://www.epa.gov/sites/production/files/2017-08/documents/9_fl_so2_rd3-final.pdf.
    \4\ Technical Support Document: Final Round 3 Area Designations
for the 2010 1-Hour SO2 Primary National Ambient Air
Quality Standard for Florida, December 2017. https://www.epa.gov/sites/production/files/2017-12/documents/09-fl-so2-rd3-final.pdf.
---------------------------------------------------------------------------

    The state of Florida submitted complete, quality-assured, and
certified air quality monitoring data for calendar year 2017 to the EPA
by the prescribed deadline of February 28, 2018. The Florida Department
of Environmental Protection (DEP) submitted a data certification letter
and reports, which can be found in the docket,\5\ that show a valid,
attaining 1-hour SO2 design value of 58 ppb based on
complete, certified 2015-2017 data. The monitor at AQS Site # 12-017-
0006 is located 3.4 miles east of Crystal River Power Plant (CRPP). The
monitor has not been demonstrated to be located to characterize the
maximum 1-hour SO2 concentrations near CRPP or the area.
Combining Florida's October and November 2017 modeling, discussed
above, with the inclusion of the 2017 data submitted for the monitor
showing the attaining 3-year design values for 2015-2017, the EPA
agrees with changing the initial designation for this area with respect
to the 2010 SO2 primary NAAQS.
---------------------------------------------------------------------------

    \5\ Documents EPA-HQ-OAR-2017-0003-0701, EPA-HQ-OAR-2017-0003-
0702, EPA-HQ-OAR-2017-0003-0703, and EPA-HQ-OAR-2017-0003-0704 in
Docket ID No. EPA-HQ-OAR-2017-0003.
---------------------------------------------------------------------------

    Based on complete, quality-assured and certified air quality
monitoring data from 2017 submitted by Florida DEP prior to the
prescribed February 28, 2018, deadline, and modeling showing attainment
of the 1-hour SO2 primary NAAQS in the area, the EPA is
changing the initial designation status for this one area. As noted in
Section II of this preamble, the EPA provided a process in the December
2017 final action for considering 2017 air quality data in the event
that such data would support a change to the initial designation for an
area. Pursuant to this process, the EPA is withdrawing the initial
designation for the Unclassifiable area in one portion of Citrus
County, Florida. The EPA is changing the initial designation of this
portion of Citrus County from Unclassifiable to Attainment/
Unclassifiable, thereby designating the entirety of Citrus County as
Attainment/Unclassifiable. Procedurally, this change in the initial
designation is consistent with our early data certification and
evaluation process, as described earlier in this document and in the
December 2017 action. The table at the end of this final rule
(amendment to 40 CFR 81.310--Florida) lists the entire state, including
the area for which the EPA is changing the initial designation. This
action does not impact any areas of Indian country.

IV. Effective Date of This Action

    The effective date of designation of the area addressed in this
action is April 9, 2018, the same effective date as the December 2017
final action (83 FR 1098). The EPA is making these changes without
notice and comment in accordance with section 107(d)(2) of the CAA,
which exempts the promulgation of these designations from the notice
and comment provisions of the Administrative Procedure Act (APA).
Section 553(d) of the APA generally provides that rulemakings shall not
be effective less than 30 days after publication except where the
agency finds good cause for an earlier date. 5 U.S.C. 553(d)(1) and
(3). Were the EPA not to expedite the effective date of today's action,
and instead make the effective date 30 days after publication, there
would be confusion regarding the appropriate designation for the
affected area in Florida, and the state and the EPA would likely have
to expend unnecessary time and resources at a later time to resolve
that confusion. The effective date for this action is, therefore,
justified because the EPA finds that there is good cause to make the
rule effective immediately because it is in the public interest to
avoid the potential delay and waste of resources associated with
allowing the designations in the December 2017 action to go into effect
for this area and the rule does not contain new requirements for which
affected entities need time to prepare.

V. Comments Received During the Third Round Public Comment Period
Regarding Changing Final Designations

    During the public comment period for the third round of
designations, Sierra Club submitted comments alleging that once the EPA
provides a NAAQS designation for an area no later than December 31,
2017, it can only redesignate that area by following the applicable
legal provisions for redesignation in section 107(d)(3)(E) of the
CAA.\6\
---------------------------------------------------------------------------

    \6\ Sierra Club's comment on this issue also raised questions
regarding the relevant data for Citrus County. Those issues are
addressed by the technical information provided earlier in this
document and in the supporting TSD.
---------------------------------------------------------------------------

    The ``legal deadline'' of December 31, 2017, Sierra Club refers to
is a consent decree deadline by which the EPA must sign its notice of
promulgation of final designations for publication in the Federal
Register. The commenter is correct that section 107(d)(3)(E) of the CAA
provides the legal requirements and mechanism for redesignating an area
once it is designated. However, such redesignation hinges upon there
being such a final and effective designation in place for an area,
which is not at the time of signature by the EPA or publication of the
Federal Register notice promulgating such designations. Notably,
section 107(d)(2) of the CAA does not contain publication and effective
date requirements applicable for promulgation of

designations. The commenter, therefore, incorrectly asserts that the
December 31, 2017, consent decree deadline is when ``EPA makes its
designation.'' Accordingly, the redesignations process under section
107(d)(3)(E) of the CAA is not yet applicable at the legal deadline
referenced by commenter. The EPA implemented this approach previously
for the final designations for the 1997 and 2006 PM2.5 NAAQS
(70 FR 19844 and 80 FR 18535). Sierra Club's comment also addresses an
action that the EPA is not taking at this time, namely to revise a
designation from Nonattainment to Attainment or Unclassifiable, and,
thus, is not relevant to this supplemental designation action and not
addressed here.

VI. Environmental Justice Concerns

    When the EPA establishes a new or revised NAAQS, the CAA requires
the EPA to designate all areas of the U.S. as either Nonattainment,
Attainment, or Unclassifiable. Area designations address environmental
justice concerns by ensuring that the public is properly informed about
the air quality in an area. In locations where air quality does not
meet the NAAQS, the CAA requires relevant state authorities to initiate
appropriate air quality management actions to ensure that all those
residing, working, attending school, or otherwise present in those
areas are protected, regardless of minority and economic status. This
action includes a revision to the December 21, 2017, designation for
the Citrus County, Florida area based on the availability of recent air
quality data showing that the area meets the 2010 SO2
primary NAAQS.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and
Budget because it responds to the CAA requirement to promulgate air
quality designations after promulgation of a new or revised NAAQS.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because actions such as air quality designations after promulgating a
new or revised NAAQS are exempt under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. This action fulfills the non-discretionary duty for the EPA to
promulgate air quality designations after promulgation of a new or
revised NAAQS and does not contain any information collection
activities.

D. Regulatory Flexibility Act (RFA)

    This designation action under CAA section 107(d) is not subject to
the RFA. The RFA applies only to rules subject to notice-and-comment
rulemaking requirements under the APA, 5 U.S.C. 553, or any other
statute. Section 107(d)(2)(B) of the CAA explicitly provides that
designations are exempt from the notice-and-comment provisions of the
APA. In addition, designations under CAA section 107(d) are not among
the list of actions that are subject to the notice-and-comment
rulemaking requirements of CAA section 307(d).

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments, or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Government.

    This action does not have tribal implications, as specified in
Executive Order 13175. This action concerns the designation of certain
areas in the U.S. for the 2010 SO2 NAAQS. The CAA provides
for states, territories, and eligible tribes to develop plans to
regulate emissions of air pollutants within their areas, as necessary,
based on the designations. The Tribal Authority Rule (TAR) provides
tribes the opportunity to apply for eligibility to develop and
implement CAA programs, such as programs to attain and maintain the
SO2 NAAQS, but it leaves to the discretion of the tribe the
decision of whether to apply to develop these programs and which
programs, or appropriate elements of a program, the tribe will seek to
adopt. This rule does not have a substantial direct effect on one or
more Indian tribes. It would not create any additional requirements
beyond those of the SO2 NAAQS. This rule does not impact
areas of Indian country. Furthermore, this rule does not affect the
relationship or distribution of power and responsibilities between the
federal government and Indian tribes. The CAA and the TAR establish the
relationship of the federal government and tribes in developing plans
to attain the NAAQS, and this rule does nothing to modify that
relationship. Thus, Executive Order 13175 does not apply.

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

    The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
documentation for this determination is contained in Section VI of this
preamble, ``Environmental Justice Concerns.''

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

M. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of
Appeal have venue for petitions of review of final actions by the EPA.
This section provides, in part, that petitions for review must be filed
in the Court of Appeals for the District of Columbia Circuit: (i) When
the agency action consists of ``nationally applicable regulations
promulgated, or final actions taken, by the Administrator,'' or (ii)
when such action is locally or regionally applicable, if ``such action
is based on a determination of nationwide scope or effect and if in
taking such action the Administrator finds and publishes that such
action is based on such a determination.''
    This final action withdrawing the designation and promulgating a
new initial designation of one area for the 2010 SO2 primary
NAAQS is ``nationally applicable'' within the meaning of CAA section
307(b)(1). As explained in the preamble, this final action supplements
the December 2017 final action taken by the EPA to issue a third round
of designations for areas across the U.S. for the 2010 SO2
primary NAAQS. The EPA determined the December 2017 final action was
``nationally applicable'' within the meaning of CAA section 307(b)(1).
83 FR at 1104. The rulemaking docket, EPA-HQ-OAR-2017-0003, is the same
docket for both the December 2017 final action and for this
supplemental action, with the relevant difference being that in
addition to the materials it contained regarding this Florida area
generated through December 21, 2017--the date that action was signed by
the Administrator--it now also contains the supplemental information
submitted by Florida related to this area. Both the January 9, 2018,
action and this supplemental action were proposed in a single September
5, 2017, notice announcing the EPA's intended Round 3 designations and
were taken to discharge a duty under the court order to issue a round
of designations of areas with sources meeting common criteria in the
court order. As explained in the December 2017 final rule, at the core
of that final action and this supplemental final action is the EPA's
nationwide analytical approach and technical analysis, including
evaluation of monitoring data and air quality modeling, applied to the
available evidence for each area, including the EPA's interpretation of
statutory terms in the CAA such as the definitions of Nonattainment,
Attainment, and Unclassifiable under section 107(d)(1) of the CAA, and
its application of that interpretation to areas across the country.
Accordingly, the Administrator has determined that this supplemental
final action, which results from the same proposed action as the
December 2017 final action, is nationally applicable and is hereby
publishing that finding in the Federal Register.
    For the same reasons discussed above that make the final rule
nationally applicable, the Administrator also is finding that this
supplemental final action is based on a determination of nationwide
scope and effect for the purposes of CAA section 307(b)(1). As
previously explained in the December 2017 final action, in the report
on the 1977 Amendments that revised section 307(b)(1) of the CAA,
Congress noted that the Administrator's determination that an action is
of ``nationwide scope or effect'' would be appropriate for any action
that has a scope or effect beyond a single judicial circuit. H.R. Rep.
No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here,
the scope and effect of the December 2017 final action and this
supplemental final action combined will extend to numerous judicial
circuits since the designations will apply to areas across the country.
In these circumstances, CAA section 307(b)(1) and its legislative
history calls for the Administrator to find the action to be of
``nationwide scope or effect'' and for venue to be in the D.C. Circuit.
Therefore, like the final December 2017 final action it supplements,
see 83 FR at 1104, this supplement to that final action is based on a
determination by the Administrator of nationwide scope or effect, and
the Administrator is, hereby, publishing that finding in the Federal
Register.
    Thus, any petitions for review of this supplemental final action
must be filed in the U.S. Court of Appeals for the District of Columbia
Circuit within 60 days from the date this supplemental final action is
published in the Federal Register.

List of Subjects in 40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: March 28, 2018.
E. Scott Pruitt,
Administrator.
    For the reasons set forth in the preamble, 40 CFR part 81 is
amended as follows:

PART 81--DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.310 is amended by revising the table titled, ``Florida--
2010 Sulfur Dioxide NAAQS (Primary)'' to read as follows:

Sec.  81.310  Florida.

* * * * *

                                  Florida--2010 Sulfur Dioxide NAAQS (Primary)
----------------------------------------------------------------------------------------------------------------
                                                                        Designation
             Designated area              ----------------------------------------------------------------------
                                              Date \1\                              Type
----------------------------------------------------------------------------------------------------------------
Hillsborough County, FL \2\..............         10/4/13  Nonattainment.
    Hillsborough County (part)
        That portion of Hillsborough
         County encompassed by the
         polygon with the vertices using
         Universal Traverse Mercator
         (UTM) coordinates in UTM zone 17
         with datum NAD83 as follows: (1)
         Vertices-UTM Easting (m) 358581,
         UTM Northing 3076066; (2)
         vertices-UTM Easting (m) 355673,
         UTM Northing 3079275; (3) UTM
         Easting (m) 360300, UTM Northing
         3086380; (4) vertices-UTM
         Easting (m) 366850, UTM Northing
         3086692; (5) vertices-UTM
         Easting (m) 368364, UTM Northing
         3083760; and (6) vertices-UTM
         Easting (m) 365708, UTM Northing
         3079121
Hillsborough--Polk County, FL \3\........  ..............  Nonattainment.

    Hillsborough County (part)
    Polk County (part)
        That portion of Hillsborough and   ..............  .....................................................
         Polk Counties encompassed by the
         polygon with the vertices using
         Universal Traverse Mercator
         (UTM) coordinates in UTM zone 17
         with datum NAD83 as follows:
         390,500 E, 3,073,500 N; 390,500
         E, 3,083,500 N; 400,500 E,
         3,083,500 N; 400,500 E,
         3,073,500 N
Nassau County, FL \2\....................         10/4/13  Nonattainment.
    Nassau County (part)                   ..............  .....................................................
        That portion of Nassau County      ..............  .....................................................
         encompassing the circular
         boundary with the center being
         UTM Easting 455530 meters, UTM
         Northing 3391737 meters, UTM
         zone 17, using the NAD83 datum
         (the location of the violating
         ambient monitor) and the radius
         being 2.4 kilometers
Mulberry, FL Area \3\....................  ..............  Unclassifiable.
    Hillsborough County (part)             ..............  .....................................................
    Polk County (part)                     ..............  .....................................................
        That portion of Hillsborough and   ..............  .....................................................
         Polk Counties encompassed by the
         polygon with the vertices using
         Universal Traverse Mercator
         (UTM) coordinates in UTM zone 17
         with datum NAD83 starting with
         the Northwest Corner and
         proceeding to the Northeast as
         follows: 390,500 E, 3,083,500 N;
         410,700 E, 3,091,600 N; 412,900
         E, 3,089,800 N; 412,900 E,
         3,084,600 N; 400,500 E,
         3,073,500 N; 400,500 E,
         3,083,500 N
Rest of State: \3\
    Alachua County.......................  ..............  Attainment/Unclassifiable.
    Baker County.........................  ..............  Attainment/Unclassifiable.
    Bay County...........................  ..............  Attainment/Unclassifiable.
    Bradford County......................  ..............  Attainment/Unclassifiable.
    Brevard County.......................  ..............  Attainment/Unclassifiable.
    Broward County.......................  ..............  Attainment/Unclassifiable.
    Calhoun County.......................  ..............  Attainment/Unclassifiable.
    Charlotte County.....................  ..............  Attainment/Unclassifiable.
    Citrus County........................  ..............  Attainment/Unclassifiable.
    Clay County..........................  ..............  Attainment/Unclassifiable.
    Collier County.......................  ..............  Attainment/Unclassifiable.
    Columbia County......................  ..............  Attainment/Unclassifiable.
    DeSoto County........................  ..............  Attainment/Unclassifiable.
    Dixie County.........................  ..............  Attainment/Unclassifiable.
    Duval County.........................  ..............  Attainment/Unclassifiable.
    Escambia County......................  ..............  Attainment/Unclassifiable.
    Flagler County.......................  ..............  Attainment/Unclassifiable.
    Franklin County......................  ..............  Attainment/Unclassifiable.
    Gadsden County.......................  ..............  Attainment/Unclassifiable.
    Gilchrist County.....................  ..............  Attainment/Unclassifiable.
    Glades County........................  ..............  Attainment/Unclassifiable.
    Gulf County..........................  ..............  Attainment/Unclassifiable.
    Hamilton County......................  ..............  Attainment/Unclassifiable.
    Hardee County........................  ..............  Attainment/Unclassifiable.
    Hendry County........................  ..............  Attainment/Unclassifiable.
    Hernando County......................  ..............  Attainment/Unclassifiable.
    Highlands County.....................  ..............  Attainment/Unclassifiable.
    Hillsborough County (part)             ..............  Attainment/Unclassifiable.
     (remainder).
    Holmes County........................  ..............  Attainment/Unclassifiable.
    Indian River County..................  ..............  Attainment/Unclassifiable.
    Jackson County.......................  ..............  Attainment/Unclassifiable.
    Jefferson County.....................  ..............  Attainment/Unclassifiable.
    Lafayette County.....................  ..............  Attainment/Unclassifiable.
    Lake County..........................  ..............  Attainment/Unclassifiable.
    Lee County...........................  ..............  Attainment/Unclassifiable.
    Leon County..........................  ..............  Attainment/Unclassifiable.
    Levy County..........................  ..............  Attainment/Unclassifiable.
    Liberty County.......................  ..............  Attainment/Unclassifiable.
    Madison County.......................  ..............  Attainment/Unclassifiable.
    Manatee County.......................  ..............  Attainment/Unclassifiable.
    Marion County........................  ..............  Attainment/Unclassifiable.
    Martin County........................  ..............  Attainment/Unclassifiable.
    Miami-Dade County....................  ..............  Attainment/Unclassifiable.
    Monroe County........................  ..............  Attainment/Unclassifiable.
    Nassau County (part) (remainder).....  ..............  Attainment/Unclassifiable.
    Okaloosa County......................  ..............  Attainment/Unclassifiable.
    Okeechobee County....................  ..............  Attainment/Unclassifiable.
    Orange County........................  ..............  Attainment/Unclassifiable.

    Osceola County.......................  ..............  Attainment/Unclassifiable.
    Palm Beach County....................  ..............  Attainment/Unclassifiable.
    Pasco County.........................  ..............  Attainment/Unclassifiable.
    Pinellas County......................  ..............  Attainment/Unclassifiable.
    Polk County (part) (remainder).......  ..............  Attainment/Unclassifiable.
    Putnam County........................  ..............  Attainment/Unclassifiable.
    St. Johns County.....................  ..............  Attainment/Unclassifiable.
    St. Lucie County.....................  ..............  Attainment/Unclassifiable.
    Santa Rosa County....................  ..............  Attainment/Unclassifiable.
    Sarasota County......................  ..............  Attainment/Unclassifiable.
    Seminole County......................  ..............  Attainment/Unclassifiable.
    Sumter County........................  ..............  Attainment/Unclassifiable.
    Suwannee County......................  ..............  Attainment/Unclassifiable.
    Taylor County........................  ..............  Attainment/Unclassifiable.
    Union County.........................  ..............  Attainment/Unclassifiable.
    Volusia County.......................  ..............  Attainment/Unclassifiable.
    Wakulla County.......................  ..............  Attainment/Unclassifiable.
    Walton County........................  ..............  Attainment/Unclassifiable.
    Washington County....................  ..............  Attainment/Unclassifiable.
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\1\ This date is 4/9/2018, unless otherwise noted.
\2\ Excludes Indian country located in each area, if any, unless otherwise specified.
\3\ Includes any Indian country in each county or area, unless otherwise specified. The EPA is not determining
  the boundaries of any area of Indian country in this table, including any area of Indian country located in
  the larger designation area. The inclusion of any Indian country in the designation area is not a
  determination that the state has regulatory authority under the Clean Air Act for such Indian country.

* * * * *
[FR Doc. 2018-06876 Filed 4-4-18; 8:45 am]
 BILLING CODE 6560-50-P