[Federal Register: September 30, 2009 (Volume 74, Number 188)]
[Rules and Regulations]
[Page 50115-50118]
[DOCID:fr30se09-4]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2004-0014; FRL-8937-8]

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Reconsideration of Inclusion of Fugitive
Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of grant of reconsideration and
administrative stay of regulation.

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

SUMMARY: The Environmental Protection Agency (EPA or Agency) is
providing notice that through a letter signed by the Administrator on
April 24, 2009, EPA granted a petition for reconsideration of the final
rule titled, ``Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Reconsideration of Inclusion of
Fugitive Emissions,'' published on December 19, 2008 (Fugitive
Emissions Rule). EPA's decision to reconsider was in response to a
request made by Natural Resources Defense Council (NRDC) in a letter
dated February 17, 2009.

DATES: The amendments to 40 CFR parts 51 and 52 in this rule are
effective from September 30, 2009 through December 30, 2009. Effective
September 30, 2009, the following CFR sections are administratively
stayed until December 30, 2009: 40 CFR 51.165(a)(1)(v)(G),
(a)(1)(vi)(C)(3), (a)(1)(ix), (a)(1)(xxviii)(B)(2),
(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1),
(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii),
(a)(6)(iv), and (f)(4)(i)(D); 40 CFR 51.166, (a)(7)(iv)(b), (b)(2)(v),
(b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20), (b)(40)(ii)(b),
(b)(40)(ii)(d), (b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii),
(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d); 40 CFR part
51, Appendix S, paragraphs II.A.5(vii), II.A.6(iii), II.A.9,
II.A.24(ii)(b), II.A.24(ii)(d), II.A.30(i)(a), II.A.30(ii)(a),
II.A.30(iii), II.A.30(iv), IV.I.1(ii), IV.J.3, IV.J.4, and
IV.K.4(i)(d); and 40 CFR 52.21, (a)(2)(iv)(b), (b)(2)(v),
(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b),
(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), (b)(48)(iii),
(b)(48)(iv), (r)(6)(iii), (r)(6)(iv), and (aa)(4)(i)(d).

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Wheeler, Air Quality Policy
Division, (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC, 27711; telephone number:<PHONE_NUMBER>; or e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background Information

    In addition to granting the petition for reconsideration in the
April 24, 2009 letter, EPA indicated that it was administratively
staying the rule for three months from the date of the letter. Since
the initial decision to grant the stay, EPA has learned that under the
present circumstances and in accordance with the Office of Federal
Register's regulations, the effective date of the administrative stay
of the Fugitive Emissions Rule must be a date on or after publication
of notice announcing the stay in the Federal Register. As a result, EPA
is announcing that the corrected effective date of the stay is the date
of publication of this notice. This stay of the Fugitives Emissions
Rule will be effective for a period of three months beginning with the
publication of this document in the Federal Register. To effectuate
this stay of the December 19, 2008 rule, we are reinstating previous
provisions on a temporary basis. The EPA will publish a document in the
Federal Register establishing a comment period and opportunity for a
public hearing for the reconsideration proceeding.
    The petition for reconsideration and request for administrative
stay can be found in the docket for the December 19, 2008 rule. EPA's
April 24, 2009 letter responding to NRDC's request for reconsideration
is also in the docket. EPA considered the petition for reconsideration
and request for stay, along with information contained in the
rulemaking docket, in reaching a decision on both the reconsideration

and the stay of the Fugitives Emissions Rule.

II. How Can I Get Copies of This Document and Other Related
Information?

    This Federal Register document, the petition for reconsideration
and the letter granting reconsideration and an administrative stay of
the effectiveness of the Fugitive Emissions Rule are available in the
docket for the final rule titled ``Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions,'' published on
December 19, 2008 at 73 FR 77882, under Docket ID No. EPA-HQ-OAR-2004-
0014. The table below identifies the petitioner, the date EPA received
the petition, the document identification number for the petition, the
date of EPA's response, and the document identification number for
EPA's response.

----------------------------------------------------------------------------------------------------------------
                                                                  Petition:                       EPA response:
                 Petitioner                       Date of      Document No. in    Date of EPA    Document No. in
                                              petition to EPA       docket          response          docket
----------------------------------------------------------------------------------------------------------------
Natural Resources Defense Council...........       2/17/2009             0060        4/24/2009             0062
----------------------------------------------------------------------------------------------------------------

Note that all document numbers listed in the table are in the form of
``EPA-HQ-OAR-2004-0014-xxxx.''

    All documents in the docket are listed on the http://
www.regulations.gov Web site. Although listed in the index, some
information may not be publicly available, i.e., 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 through http://www.regulations.gov or in hard copy at
the EPA Docket Center, Docket ID No. EPA-HQ-OAR-2004-0014, EPA West,
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the EPA
Docket Center is<PHONE_NUMBER>.
    In addition to being available in the docket, an electronic copy of
this Federal Register notice and EPA's response letter to the
petitioners are also available on the World Wide Web at http://
www.epa.gov/nsr.

III. Judicial Review

    Under Clean Air Act section 307(b), judicial review of the Agency's
decision concerning the stay is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit on or before November 30, 2009.

    Dated: July 24, 2009.
Lisa P. Jackson,
Administrator.

0
For the reasons discussed in the preamble, the EPA amends 40 CFR parts
51 and 52 as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Sec.  51.165  [Amended]

0
2. Effective September 30, 2009, 40 CFR 51.165(a)(1)(v)(G),
(a)(1)(vi)(C)(3), (a)(1)(ix), (a)(1)(xxviii)(B)(2),
(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1),
(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii),
(a)(6)(iv), and (f)(4)(i)(D) are administratively stayed until December
30, 2009.

0
3. Effective September 30, 2009 through December 30, 2009, amend 40 CFR
51.165 to add paragraph (a)(4) to read as follows:

Sec.  51.165  Permit requirements.

    (a) * * *
    (4) Each plan may provide that the provisions of this paragraph do
not apply to a source or modification that would be a major stationary
source or major modification only if fugitive emission to the extent
quantifiable are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
    (i) Coal cleaning plants (with thermal dryers);
    (ii) Kraft pulp mills;
    (iii) Portland cement plants;
    (iv) Primary zinc smelters;
    (v) Iron and steel mills;
    (vi) Primary aluminum ore reduction plants;
    (vii) Primary copper smelters;
    (viii) Municipal incinerators capable of charging more than 250
tons of refuse per day;
    (ix) Hydrofluoric, sulfuric, or citric acid plants;
    (x) Petroleum refineries;
    (xi) Lime plants;
    (xii) Phosphate rock processing plants;
    (xiii) Coke oven batteries;
    (xiv) Sulfur recovery plants;
    (xv) Carbon black plants (furnace process);
    (xvi) Primary lead smelters;
    (xvii) Fuel conversion plants;
    (xviii) Sintering plants;
    (xix) Secondary metal production plants;
    (xx) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
    (xxi) Fossil-fuel boilers (or combination thereof) totaling more
than 250 million British thermal units per hour heat input;
    (xxii) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
    (xxiii) Taconite ore processing plants;
    (xxiv) Glass fiber processing plants;
    (xxv) Charcoal production plants;
    (xxvi) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
    (xxvii) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
* * * * *

Sec.  51.166  [Amended]

0
4. Effective September 30, 2009, 40 CFR 51.166 (a)(7)(iv)(b),
(b)(2)(v), b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20), (b)(40)(ii)(b),
(b)(40)(ii)(d), (b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii),
(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d) are
administratively stayed until December 30, 2009.
    5. Effective September 30, 2009 through December 30, 2009, amend 40
CFR 51.166 to add paragraph (i)(l)(ii) to read as follows:

Sec.  51.166  Prevention of significant deterioration of air quality.

* * * * *
    (i) * * *
    (1) * * *

    (ii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of
the stationary source or modification and such source does not belong
to any following categories:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons
of refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
* * * * *

Appendix S to 40 CFR Part 51  [Amended]

0
6. Effective September 30, 2009, 40 CFR part 51, Appendix S, paragraphs
II.A.5(vii), II.A.6(iii), II.A.9, II.A.24(ii)(b), II.A.24(ii)(d),
II.A.30(i)(a), II.A.30(ii)(a), II.A.30(iii), II.A.30(iv), IV.I.1(ii),
IV.J.3, IV.J.4, and IV.K.4(i)(d) are administratively stayed until
December 30, 2009.

0
7. Effective September 30, 2009 through December 30, 2009, amend
Appendix S to part 51 to add II.F to read as follows:

Appendix S to Part 51--Emission Offset Interpretative Ruling

* * * * *
    II. * * *
    F. Fugitive emission sources. Section IV. A. of this Ruling
shall not apply to a source or modification that would be a major
stationary source or major modification only if fugitive emissions,
to the extent quantifiable, are considered in calculating the
potential to emit of the stationary source or modification and such
source does not belong to any following categories:
    (1) Coal cleaning plants (with thermal dryers);
    (2) Kraft pulp mills;
    (3) Portland cement plants;
    (4) Primary zinc smelters;
    (5) Iron and steel mills;
    (6) Primary aluminum ore reduction plants;
    (7) Primary copper smelters;
    (8) Municipal incinerators capable of charging more than 250
tons of refuse per day;
    (9) Hydrofluoric, sulfuric, or nitric acid plants;
    (10) Petroleum refineries;
    (11) Lime plants;
    (12) Phosphate rock processing plants;
    (13) Coke oven batteries;
    (14) Sulfur recovery plants;
    (15) Carbon black plants (furnace process);
    (16) Primary lead smelters;
    (17) Fuel conversion plants;
    (18) Sintering plants;
    (19) Secondary metal production plants;
    (20) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol
by natural fermentation included in NAICS codes 325193 or 312140;
    (21) Fossil-fuel boilers (or combination thereof) totaling more
than 250 million British thermal units per hour heat input;
    (22) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
    (23) Taconite ore processing plants;
    (24) Glass fiber processing plants;
    (25) Charcoal production plants;
    (26) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
    (27) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
* * * * *

PART 52--[AMENDED]

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

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

Sec.  52.21  [Amended]

0
9. Effective September 30, 2009, 40 CFR 52.21 (a)(2)(iv)(b), (b)(2)(v),
(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b),
(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), (b)(48)(iii),
(b)(48)(iv), (r)(6)(iii), (r)(6)(iv), and (aa)(4)(i)(d), December 30,
2009.

0
10. Effective September 30, 2009 through December 30, 2009, amend 40
CFR 52.21 to add (i)(l)(vii) to read as follows:

Sec.  52.21  Prevention of significant deterioration of air quality.

* * * * *
    (i) * * *
    (1) * * *
    (vii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of
the stationary source or modification and the source does not belong to
any of the following categories:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons
of refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7,
1980, is

being regulated under section 111 or 112 of the Act; or
* * * * *

[FR Doc. E9-23503 Filed 9-29-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Page 10508]
[FR Doc No: 2023-03551]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. This filing may be viewed
on the Commission's website at http://www.ferc.gov using the eLibrary
link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document. For assistance, please
contact FERC Online Support at [email protected] or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                       Presenter or
            Docket Nos.               File date          requester
------------------------------------------------------------------------
Prohibited:
  1. CP16-454-000..................     2-9-2023  FERC Staff.\1\
  2. CP22-2-000....................    2-14-2023  FERC Staff.\2\
Exempt:
  NONE.............................
------------------------------------------------------------------------
\1\ Memo dated 2/9/2023 regarding telephone communication on 2/6/2023
  with Jerry Schafer from NextDecade.
\2\ Emailed comments dated 2/14/23 from an individual.

    Dated: February 14, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-03551 Filed 2-17-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Notices]
[Pages 38059-38060]
[FR Doc No: 2013-15102]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0001]

Tobacco Products Scientific Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Tobacco Products Scientific Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on August 16, 2013, from
8:30 a.m. to 3 p.m.
    Location: Sheraton Silver Spring Hotel, 8777 Georgia Ave., Silver
Spring, MD 20910.
    Contact Person: Caryn Cohen, Center for Tobacco Products, Food and
Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 1-877-
287-1373 (choose option 5), email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to
the appropriate advisory committee meeting link, or call the advisory
committee information line, to learn about possible modifications
before coming to the meeting.
    Agenda: On August 16, 2013, the Committee will discuss possible
approaches for evaluating information on the risks and potential
benefits of a proposed modified risk tobacco product (MRTP) to the
population as a whole. MRTPs are tobacco products that are sold or
distributed for use to reduce harm or the risk of tobacco-related
disease associated with commercially marketed tobacco products. Before
an MRTP can be introduced or delivered for introduction into interstate
commerce, an order from FDA under section 911(g) (21 U.S.C. 387k(g)) of
the Federal Food, Drug, and Cosmetic Act must be in effect with respect
to the tobacco product. 21 U.S.C. 387k(a).
    In reviewing MRTP applications, among other things, FDA must
evaluate the effects of a proposed product on the health of individual
tobacco users and the population as a whole, taking into account: (1)
The relative health risks to individuals of the MRTP; (2) the increased
or decreased likelihood that existing users of tobacco products who
would otherwise stop using such products will switch to the MRTP; (3)
the increased or decreased likelihood that persons who do not use
tobacco products will start using the MRTP; (4) the risks and benefits
to persons from the use of the MRTP compared to the use of smoking
cessation drug or device products approved by FDA to treat nicotine
dependence; and (5) comments, data, and information submitted to FDA by
interested persons. 21 U.S.C. 387k(g)(4).
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
August 1, 2013. Oral presentations from the public will be scheduled
between approximately 11 a.m. and 12 noon. Those individuals interested
in making formal oral presentations should notify the contact person
and submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before July 25, 2013. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by July 26, 2013.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Caryn Cohen at least
7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: June 19, 2013.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2013-15102 Filed 6-24-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10059-10060]
[FR Doc No: 2021-03275]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP21-468-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Third GMS Filing--Intermediate
to be effective 3/12/2021.
    Filed Date: 2/10/21.
    Accession Number: 20210210-5033.
    Comments Due: 5 p.m. ET 2/22/21.

    Docket Numbers: RP21-469-000.
    Applicants: Chevron U.S.A. Inc., Noble Energy, Inc.
    Description: Joint Petition For Temporary Waiver, et al. of Noble
Energy, Inc., et al. under RP21-469.
    Filed Date: 2/10/21.
    Accession Number: 20210210-5133.
    Comments Due: 5 p.m. ET 2/15/21.

    Docket Numbers: RP21-470-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate PAL
Amendments--Clearwater & Mercuria to be effective 2/10/2021.
    Filed Date: 2/10/21.
    Accession Number: 20210210-5134.
    Comments Due: 5 p.m. ET 2/22/21.

    Docket Numbers: RP21-471-000.
    Applicants: Tourmaline Oil Corp., Tourmaline Oil Marketing Corp.
    Description: Joint Petition For Temporary Waiver, et al. of
Tourmaline Oil Corp., et al. under RP21-471.
    Filed Date: 2/10/21.
    Accession Number: 20210210-5143.
    Comments Due: 5 p.m. ET 2/15/21.

    Docket Numbers: RP21-472-000.
    Applicants: RH energytrans, LLC.
    Description: Request for Waiver of Requirement to File FL&U
Percentage Adjustment of RH energytrans, LLC under RP21-472.
    Filed Date: 2/10/21.
    Accession Number: 20210210-5147.
    Comments Due: 5 p.m. ET 2/22/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but

intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 11, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-03275 Filed 2-17-21; 8:45 am]
BILLING CODE 6717-01-P


    Source: 67 FR 64506, Oct. 18, 2002, unless otherwise noted.
What This Subpart Covers
§63.9480   What is the purpose of this subpart?
    This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for friction materials manufacturing facilities that use a solvent-based process. This subpart also establishes requirements to demonstrate initial and continuous compliance with all applicable emission limitations in this subpart.
§63.9485   Am I subject to this subpart?
    (a) You are subject to this subpart if you own or operate a friction materials manufacturing facility (as defined in §63.9565) that is (or is part of) a major source of hazardous air pollutants (HAP) emissions on the first compliance date that applies to you, as specified in §63.9495. Your friction materials manufacturing facility is a major source of HAP if it emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.
    (b) The requirements in this subpart do not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act.
§63.9490   What parts of my plant does this subpart cover?
    (a) This subpart applies to each new, reconstructed, or existing affected source at your friction materials manufacturing facility.
    (b) The affected source covered by this subpart is each new, reconstructed, or existing solvent mixer (as defined in §63.9565) at your friction materials manufacturing facility.
    (c) A solvent mixer at your friction materials manufacturing facility is new if you commence construction of the solvent mixer after October 18, 2002. An affected source is reconstructed if it meets the definition of "reconstruction" in §63.2, and reconstruction is commenced after October 18, 2002.
    (d) A solvent mixer at your friction materials manufacturing facility is existing if it is not new or reconstructed.
§63.9495   When do I have to comply with this subpart?
    (a) If you have an existing solvent mixer, you must comply with each of the requirements for existing sources no later than October 18, 2005., except as otherwise specified at §§63.9495, 63.9505, 63.9530, 63.9540, 63.9545, and Table 1 of this subpart QQQQQ.
    (b) If you have a new or reconstructed solvent mixer for which construction or reconstruction commenced  and its initial startup date is after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF THE PROPOSED RULE IN THE FEDERAL REGISTER] you must comply with the requirements for new and reconstructed sources upon initial startup, except as otherwise specified at §63.9495, 63.9505, 63.9530, 63.9540, 63.9545, and Table 1 of this subpart QQQQQ.
    (c) If your friction materials manufacturing facility is an area source that increases its emissions or its potential to emit such that it becomes a (or part of a) major source of HAP emissions, then paragraphs (c)(1) and (2) of this section apply.
    (1) For any portion of the area source that becomes a new or reconstructed affected source, you must comply with the requirements for new and reconstructed sources upon startup or no later than October 18, 2002, whichever is later.
    (2) For any portion of the area source that becomes an existing affected source, you must comply with the requirements for existing sources no later than 1 year after the area source becomes a major source or no later than October 18, 2005, whichever is later.
    (d) You must meet the notification and schedule requirements in §63.9535. Several of the notifications must be submitted before the compliance date for your affected source.
    (e) Solvent mixers constructed or reconstructed after [DATE OF PUBLICATION OF THE PROPOSED RULE IN THE FEDERAL REGISTER] must be in compliance with this subpart QQQQQ at startup or by [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later.
Emission Limitations
§63.9500   What emission limitations must I meet?
    (a) For each new, reconstructed, or existing large solvent mixer at your friction materials manufacturing facility, you must limit HAP solvent emissions to the atmosphere to no more than 30 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution, based on a 7-day block average.
    (b) For each new, reconstructed, or existing small solvent mixer at your friction materials manufacturing facility, you must limit HAP solvent emissions to the atmosphere to no more than 15 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution, based on a 7-day block average.
General Compliance Requirements
§63.9505   What are my general requirements for complying with this subpart?
    (a) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source and each new or reconstructed source for which construction or reconstruction commenced after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER] Yyou must be in compliance with the emission limitations in this subpart at all times, except during periods of startup, shutdown, or malfunction. After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each such source you must be in compliance with the emission limitations in this subpart at all times.  For new and reconstructed sources for which construction or reconstruction commenced after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], you must be in compliance with the emissions limitations in this subpart at all times.
     (b) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which constructed or reconstructed commenced after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], Yyou must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in §63.6(e)(1)(i). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for each such source, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new and reconstructed sources for which construction or reconstruction commenced after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], at all times you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements 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, review of operation and maintenance records, and inspection of the source.
    (c) Before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], for each existing source, and for each new or reconstructed source for which construction commenced after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], Yyou must develop a written startup, shutdown, and malfunction plan according to the provisions in §63.6(e)(3). For each such source, a startup, shutdown, and malfunction plan is not required after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].  No startup, shutdown, and malfunction plan is required for any new or reconstructed source for which construction or reconstruction commenced after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER].
[67 FR 64506, Oct. 18, 2002, as amended at 71 FR 20470, Apr. 20, 2006]
Initial Compliance Demonstration Requirements
§63.9510   By what date must I conduct my initial compliance demonstration?
    (a) If you use a solvent recovery system and/or solvent substitution, you must conduct your initial compliance demonstration within 7 calendar days after the compliance date that is specified for your source in §63.9495.
    (b) If you use a control technique other than a solvent recovery system and/or solvent substitution, you must comply with the provisions in §63.9570.
§63.9515   How do I demonstrate initial compliance with the emission limitation that applies to me?
    (a) You have demonstrated initial compliance for each new, reconstructed, or existing large solvent mixer subject to the emission limitation in §63.9500(a) if the HAP solvent discharged to the atmosphere during the first 7 days after the compliance date, determined according to the provisions in §63.9520, does not exceed a 7-day block average of 30 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution.
    (b) You have demonstrated initial compliance for each new, reconstructed, or existing small solvent mixer subject to the emission limitation in §63.9500(b) if the HAP solvent discharged to the atmosphere during the first 7 days after the compliance date, determined according to the provisions in §63.9520, does not exceed a 7-day block average of 15 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution.
    (c) You must submit a notification of compliance status containing the results of the initial compliance demonstration according to §63.9535(e).
§63.9520   What procedures must I use to demonstrate initial compliance?
    (a) If you use a solvent recovery system, you must use the procedures in paragraphs (a)(1) through (8) of this section to demonstrate initial compliance with the emission limitations in §63.9500(a) and (b).
    (1) Record the date and time of each mix batch.
    (2) Record the identity of each mix batch using a unique batch ID, as defined in §63.9565.
    (3) Measure and record the weight of HAP solvent loaded into the solvent mixer for each mix batch.
    (4) Measure and record the weight of HAP solvent recovered for each mix batch.
    (5) If you use a solvent recovery system, you must determine the percent of HAP solvent discharged to the atmosphere for each mix batch according to Equation 1 of this section as follows:
(Eq. 1)

Where:
Pb = Percent of HAP solvent discharged to the atmosphere for each mix batch, percent;
Srec = Weight of HAP solvent recovered for each mix batch, lb;
Smix = Weight of HAP solvent loaded into the solvent mixer for each mix batch, lb.
    (6) If you use solvent substitution for a mix batch, you must record the use of a non-HAP material as a substitute for a HAP solvent for that mix batch and assign a value of 0 percent to the percent of HAP solvent discharged to the atmosphere for that mix batch (Pb).
    (7) Determine the 7-day block average percent of HAP solvent discharged to the atmosphere according to Equation 2 of this section as follows:

Where:
%P7 = 7-day block average percent of HAP solvent discharged to the atmosphere, percent;
i = mix batch;
n = number of mix batches in 7-day block average.
    (8) Have valid data for at least 90 percent of the mix batches over the 7-day averaging period.
    (b) If you use a control technique other than a solvent recovery system and/or solvent substitution, you may apply to EPA for approval to use an alternative method of demonstrating compliance with the emission limitations for solvent mixers in §63.9500(a) and (b), as provided in §63.9570.
§63.9525   What are the installation, operation, and maintenance requirements for my weight measurement device?
    (a) If you use a solvent recovery system, you must install, operate, and maintain a weight measurement device to measure the weight of HAP solvent loaded into the solvent mixer and the weight of HAP solvent recovered for each mix batch.
    (b) For each weight measurement device required by this section, you must develop and submit for approval a site-specific monitoring plan that addresses the requirements of paragraphs (b)(1) through (6) of this section:
    (1) Procedures for installing the weight measurement device;
    (2) The minimum accuracy of the weight measurement device in pounds and as a percent of the average weight of solvent to be loaded into the solvent mixer;
    (3) Site-specific procedures for how the measurements will be made;
    (4) How the measurement data will be recorded, reduced, and stored;
    (5) Procedures and acceptance criteria for calibration of the weight measurement device; and
    (6) How the measurement device will be maintained, including a routine maintenance schedule and spare parts inventory list.
    (c) The site-specific monitoring plan required in paragraph (b) of this section must include, at a minimum, the requirements of paragraphs (c)(1) through (3) of this section:
    (1) The weight measurement device must have a minimum accuracy of +-0.05 kilograms (+-0.1 pounds) or +-1 percent of the average weight of solvent to be loaded into the solvent mixer, whichever is greater.
    (2) An initial multi-point calibration of the weight measurement device must be made using 5 points spanning the expected range of weight measurements before the weight measurement device can be used. The manufacturer's calibration results can be used to meet this requirement.
    (3) Once per day, an accuracy audit must be made using a single Class F calibration weight that corresponds to 20 to 80 percent of the average weight of solvent to be loaded into the solvent mixer. If the weight measurement device cannot reproduce the value of the calibration weight within +-0.05 kilograms (0.1 pounds) or +-1 percent of the average weight of solvent to be loaded into the solvent mixer, whichever is greater, the scale must be recalibrated before being used again. The recalibration must be performed with at least five Class F calibration weights spanning the expected range of weight measurements.
    (d) You must operate and maintain the weight measurement device according to the site-specific monitoring plan.
    (e) You must maintain records of all maintenance activities, calibrations, and calibration audits.
Continuous Compliance Requirements
§63.9530   How do I demonstrate continuous compliance with the emission limitation that applies to me?
    (a) If you use a solvent recovery system and/or solvent substitution, you must demonstrate continuous compliance with the emission limitations for solvent mixers in §63.9500(a) and (b) according to the provisions in paragraphs (a)(1) through (3) of this section.
    (1) For existing sources and for new or reconstructed sources for which construction or reconstruction commenced after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], Eexcept for during malfunctions of your weight measurement device and associated repairs, you must collect and record the information required in §63.9520(a)(1) through (8) at all times that the affected source is operating and record all information needed to document conformance with these requirements. After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for such sources, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new or reconstructed sources that commenced construction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], you must collect and record the information required in §63.9520(a)(1) through (8) at all times that the affected source is operating and record all information needed to document conformance with these requirements.
    (2) For new, reconstructed, or existing large solvent mixers, maintain the 7-day block average percent of HAP solvent discharged to the atmosphere at or below 30 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution.
    (3) For new, reconstructed, or existing small solvent mixers, maintain the 7-day block average percent of HAP solvent discharged to the atmosphere at or below 15 percent of that which would otherwise be emitted in the absence of solvent recovery and/or solvent substitution.
    (b) If you use a control technique other than a solvent recovery system and/or solvent substitution, you must demonstrate continuous compliance with the emission limitations for solvent mixers in §63.9500(a) and (b) according to the provisions in §63.9570.
    (c) You must report each instance in which you did not meet the emission limitations for solvent mixers in §63.9500(a) and (b). This includes periods of startup, shutdown, or malfunction. These instances are deviations from the emission limitations in this subpart. These deviations must be reported according to the requirements in §63.9540.
    (d) [Reserved]
    (e) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER],C consistent with §§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 §63.6(e)(1). The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in §63.6(e). After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for such sources, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new or reconstructed sources which commence construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], all deviations are considered violations.
[67 FR 64506, Oct. 18, 2002, as amended at 71 FR 20470, Apr. 20, 2006]
Notifications, Reports, and Records
§63.9535   What notifications must I submit and when?
    (a) You must submit all of the notifications in §§63.8(f)(4) and 63.9(b), (c), (d), and (h) that apply to you by the specified dates.
    (b) If you use a control technique other than a solvent recovery system and/or solvent substitution, you must comply with the provisions in §63.9570.
    (c) As specified in §63.9(b)(2), if you start up your affected source before October 18, 2002, you must submit your initial notification no later than 120 calendar days after October 18, 2002.
    (d) As specified in §63.9(b)(3), if you start up your new affected source on or after October 18, 2002, you must submit your initial notification no later than 120 calendar days after you become subject to this subpart.
    (e) You must submit a notification of compliance status according to §63.9(h)(2)(ii). You must submit the notification of compliance status before the close of business on the 30th calendar day following the completion of the initial compliance demonstration.
§63.9540   What reports must I submit and when?
    (a) Unless the Administrator has approved a different schedule, you must submit each semiannual compliance report according to the requirements in paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in §63.9495 and ending on June 30 or December 31, whichever date comes first after the compliance date that is specified for your source in §63.9495.
    (2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date comes first after your first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date comes first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 71 of this chapter, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A) of this chapter, you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (a)(1) through (4) of this section.
    (b) Each compliance report must include the information in paragraphs (b)(1) through (3) of this section, and if applicable, paragraphs (b)(4) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with the official's name, title, and signature, certifying that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting period.
    (4) For existing sources and for new or reconstructed sources for which construction or reconstruction commenced after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], Iif you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in §63.10(d)(5)(i). A startup, shutdown, and malfunction plan is not required for such sources after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
    (5) If there were no deviations from the emission limitations for solvent mixers in §63.9500(a) and (b), a statement that there were no deviations from the emission limitations during the reporting period.
    (6) If there were no periods during which a monitoring system was out-of-control as specified in §63.8(c)(7), a statement that there were no periods during which a monitoring system was out-of-control during the reporting period.
    (c) For each deviation from an emission limitation occurring at an affected source, you must include the information in paragraphs (b)(1) through (4) and (c)(1) and (2) of this section. This includes periods of startup, shutdown, or malfunction.
    (1) The total operating time of each affected source during the reporting period.
    (2) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], Iinformation on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. After [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for such sources, and after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new or reconstructed sources which commenced construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], information on the number of deviations to meet an emission limitation. For each instance, include the date, time, duration, and cause of deviations (including unknown cause, if applicable), as applicable, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions, and the corrective action taken.
    (d) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], Iif you had a startup, shutdown, or malfunction during the semiannual reporting period that was not consistent with your startup, shutdown, and malfunction plan, you must submit an immediate startup, shutdown, and malfunction report according to the requirements in §63.10(d)(5)(ii). An immediate startup, shutdown, and malfunction report is not required for such sources after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
    (e) If you have obtained a title V operating permit for an affected source pursuant to 40 CFR part 70 or 71 of this chapter, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A) of this chapter. If you submit a compliance report for an affected source along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A) of this chapter, and the compliance report includes all the required information concerning deviations from any emission limitation in this subpart, then submission of the compliance report satisfies any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report does not otherwise affect any obligation you may have to report deviations from permit requirements to your permitting authority.
§63.9545   What records must I keep?
    (a) You must keep the records in paragraphs (a)(1) and (2) of this section that apply to you.
    (1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any initial notification or notification of compliance status that you submitted, according to the requirements in §63.10(b)(2)(xiv).
     (2) For existing sources and for new or reconstructed sources which commenced construction or reconstruction after October 18, 2002, but before [DATE 1 DAY AFTER PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], Tthe records in §63.6(e)(3)(iii) through (v) related to startup, shutdown, or malfunction. For such sources, it is not required to keep records in §63.6(e)(3)(iii) through (v) related to startup, shutdown, or malfunction after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER].
    (3) After [DATE of PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for new or reconstructed sources which commenced construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER], and after [DATE 180 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] for all other affected sources, in the event that an affected unit fails to meet an applicable standard, record the number of deviations. For each deviation, record the date, time and duration of each deviation.
      (i) For each deviation, record and retain cause of deviations (including unknown cause, if applicable), a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions.
      (ii) Record actions taken to minimize emissions in accordance with 63.9505, and any corrective actions taken to return the affected unit to its normal or usual manner of operation.
     (b) You must keep the records required in §63.9525 to show proper operation and maintenance of the weight measurement device.
    (c) You must keep the records required in §63.9530 to show continuous compliance with the emission limitations for solvent mixers in §63.9500(a) and (b).
§63.9550   In what form and how long must I keep my records?
    (a) You must keep your records in a form suitable and readily available for expeditious review, according to §63.10(b)(1).
    (b) As specified in §63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to §63.10(b)(1). You can keep the records offsite for the remaining 3 years.
Other Requirements and Information
§63.9555   What parts of the General Provisions apply to me?
    Table 1 to this subpart shows which parts of the General Provisions in §§63.1 through 63.15 apply to you.
§63.9560   Who implements and enforces this subpart?
    (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraphs (c)(1) through (4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local or tribal agencies are as follows:
    (1) Approval of alternatives to the emission limitations in §63.9500(a) and (b) under §63.6(g).
    (2) Approval of major alternatives to test methods under §63.7(e)(2)(ii) and (f) and as defined in §63.90.
    (3) Approval of major alternatives to monitoring under §63.8(f) and as defined in §63.90.
    (4) Approval of major alternatives to recordkeeping and reporting under §63.10(f) and as defined in §63.90.
§63.9565   What definitions apply to this subpart?
    Terms used in this subpart are defined in the Clean Air Act, in §63.2, and in this section as follows:
    Batch ID means a unique identifier used to differentiate each individual mix batch.
    Deviation means any instance in which an affected source subject to this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limitation (including any operating limit);
    (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or
    (3) Fails to meet any emission limitation (including any operating limit) in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.
    Friction ingredients means any of the components used in the manufacture of friction materials, excluding the HAP solvent. Friction ingredients include, but are not limited to, reinforcement materials, property modifiers, resins, and other additives.
    Friction materials manufacturing facility means a facility that manufactures friction materials using a solvent-based process. Friction materials are used in the manufacture of products used to accelerate or decelerate objects. Products that use friction materials include, but are not limited to, disc brake pucks, disc brake pads, brake linings, brake shoes, brake segments, brake blocks, brake discs, clutch facings, and clutches.
    HAP solvent means a solvent that contains 10 percent or more of any one HAP, as listed in section 112(b) of the Clean Air Act, or any combination of HAP that is added to a solvent mixer. Examples include hexane, toluene, and trichloroethylene.
    Initial startup means the first time that equipment is put into operation. Initial startup does not include operation solely for testing equipment. Initial startup does not include subsequent startups (as defined in this section) following malfunction or shutdowns or following changes in product or between batch operations.
    Large solvent mixer means a solvent mixer with a design capacity greater than or equal to 2,000 pounds, including friction ingredients and HAP solvent.
    Mix batch means each batch of friction materials manufactured in a solvent mixer.
    Responsible official means responsible official as defined in §63.2.
    7-day block average means an averaging technique for a weekly compliance determination where the calculated values for percent HAP solvent discharged to the atmosphere are averaged together for all mix batches (for which there are valid data) in a 7-day block period according to the equation provided in §63.9520(a)(6).
    Small solvent mixer means a solvent mixer with a design capacity less than 2,000 pounds, including friction ingredients and HAP solvent.
    Solvent mixer means a mixer used in the friction materials manufacturing process in which HAP solvent is used as one of the ingredients in at least one batch during a semiannual reporting period. Trace amounts of HAP solvents in resins or other friction ingredients do not qualify mixers as solvent mixers.
    Solvent recovery system means equipment used for the purpose of recovering the HAP solvent from the exhaust stream. An example of a solvent recovery system is a condenser.
    Solvent substitution means substitution of a non-HAP material for a HAP solvent.
    Startup means bringing equipment online and starting the production process.
    Startup, shutdown, and malfunction plan means a plan developed according to the provisions of §63.6(e)(3).
§63.9570   How do I apply for alternative compliance requirements?
    (a) If you use a control technique other than a solvent recovery system and/or solvent substitution, you may request approval to use an alternative method of demonstrating compliance with the emission limitations in §63.9500(a) and (b) according to the procedures in this section.
    (b) You can request approval to use an alternative method of demonstrating compliance in the initial notification for existing sources, the notification of construction or reconstruction for new sources, or at any time.
    (c) You must submit a description of the proposed testing, monitoring, recordkeeping, and reporting that will be used and the proposed basis for demonstrating compliance.
    (1) If you have not previously performed testing, you must submit a proposed test plan. If you are seeking permission to use an alternative method of compliance based on previously performed testing, you must submit the results of testing, a description of the procedures followed in testing, and a description of pertinent conditions during testing.
    (2) You must submit a monitoring plan that includes a description of the control technique, test results verifying the performance of the control technique, the appropriate operating parameters that will be monitored, and the frequency of measuring and recording to establish continuous compliance with the emission limitations in §63.9500(a) and (b). You must also include the proposed performance specifications and quality assurance procedures for the monitors. The monitoring plan is subject to the Administrator's approval. You must install, calibrate, operate, and maintain the monitors in accordance with the monitoring plan approved by the Administrator.
    (d) Use of the alternative method of demonstrating compliance must not begin until approval is granted by the Administrator.
§§63.9571-63.9579   [Reserved]
Table 1 to Subpart QQQQQ of Part 63 -- Applicability of General Provisions to Subpart QQQQQ
    As required in §63.9505, you must comply with each applicable General Provisions requirement according to the following table:
                                   Citation
                                    Subject
                           Applies to subpart
QQQQQ?
                                  Explanation
§63.1
Applicability
Yes

§63.2
Definitions
Yes

§63.3
Units and Abbreviations
Yes

§63.4
Prohibited Activities
Yes

§63.5
Construction/Reconstruction
Yes

§63.6(a)-(c),(e)-(f), (i)-(j)
Compliance with Standards and Maintenance Requirements
Yes

§63.6(d)
[Reserved]

§63.6(e)(1)(i)-(ii)
SSM Operation and Maintenance Requirements
No, for new or reconstructed sources which commenced construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER]. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and
No thereafter.
Subpart QQQQQ requires affected units to meet emissions standards at all times. See 63.9505 for general duty requirement.
§63.6(e)(1)(iii), (2)
Operation and Maintenance
Yes

§63.6(e)(3)
SSM Plan Requirements
No, for new or reconstructed sources which commenced construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER]. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and
No thereafter.
Subpart QQQQQ requires affected units to meet emissions standards at all times
§63.6(f)(1)
SSM Exemption
No, for new or reconstructed sources which commenced construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER]. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and
No thereafter.
Subpart QQQQQ requires affected units to meet emissions standards at all times
§63.6(f)(2)-(3)
Compliance with Nonopacity Emission Standards
Yes

§63.6(g)
Use of an Alternative Nonopacity Emission Standard
No
Subpart QQQQQ contains no work practice standards.
§63.6(h)
Compliance with Opacity and Visible Emission Standards
No
Subpart QQQQQ contains no opacity or VE limits.
§63.7(a)(1)-(2)
Applicability and Performance Test Dates
No
Subpart QQQQQ includes dates for initial compliance demonstrations.
§63.7(a)(3), (b)-(h)
Performance Testing Requirements
No
Subpart QQQQQ does not require performance tests.
§63.8(a)(1)-(2), (b), (c)(1)-(3), (f)(1)-(5)
Applicability and Relevant Standards for CMS
Yes

§63.8(a)(3)
[Reserved]

§63.8(a)(4)
Additional Monitoring Requirements for Control Devices in §63.11
No
Subpart QQQQQ does not require flares.
§63.8(b)
Conduct of Monitoring
Yes

§63.8(c)(1)(i),(iii)
Continuous Monitoring System (CMS) SSM Requirements
No, for new or reconstructed sources which commenced construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER]. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and
No thereafter.

§63.8(c)(1)(ii), (2),(3)
CMS Repairs, Operating Paramaters, and Performance Tests
Yes

§63.8(c)(4)
Continuous Monitoring System (CMS) Requirements
No
Subpart QQQQQ does not require CMS.
§63.8(c)(5)
Continuous Opacity Monitoring System (COMS) Minimum Procedures
No
Subpart QQQQQ does not require COMS.
§63.8(c)(6)
Zero and High Level Calibration Check Requirements
No
Subpart QQQQQ specifies calibration requirements.
§63.8(c)(7)-(8)
Out-of-Control Periods
No
Subpart QQQQQ specifies out-of-control periods and reporting requirements.
§63.8(d)
CMS Quality Control
No
Subpart QQQQQ requires a monitoring plan that specifies CMS quality control procedures.
§63.8(e)
CMS Performance Evaluation
No
Subpart QQQQQ does not require CMS performance evaluations.
§63.8(f)(1)-(5)
Alternative Monitoring Procedure
Yes

§63.8(f)(6)
Relative Accuracy Test Audit (RATA) Alternative
No
Subpart QQQQQ does not require continuous emissions monitoring systems (CEMS).
§63.8(g)(1)-(5)
Data Reduction
No
Subpart QQQQQ specifies data reduction requirements.
§63.9(a)-(d), (h)-(j)
Notification Requirements
Yes
Except that subpart QQQQQ does not require performance tests or CMS performance evaluations.
§63.9(e)
Notification of Performance Test
No
Subpart QQQQQ does not require performance tests.
§63.9(f)
Notification of VE/Opacity Test
No
Subpart QQQQQ contains no opacity or VE limits.
§63.9(g)
Additional Notifications When Using CMS
No
Subpart QQQQQ does not require CMS performance evaluations.
§63.10(a), (b)(1), (d)(1), (d)(4)-(5), (e)(3), (f)
Recordkeeping and Reporting Requirements
Yes

§63.10(b)(2)(i),(ii),(iv),(v)
Recordkeeping for Startup, Shutdown and Malfunction
No, for new or reconstructed sources which commenced construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER]. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and
No thereafter.
See 63.9545 for recordkeeping requirements.
§63.10(b)(2)(iii), (vi)-(xiv)
Owner/Operator Recordkeeping Requirements
Yes

§63.10(c)(1)-(6), (9)-(15)
Additional Records for CMS
No
Subpart QQQQQ specifies record requirements.
§63.10(c)(7)-(8)
Records of Excess Emissions and Parameter Monitoring Exceedances for CMS
No
Subpart QQQQQ specifies record requirements.
§63.10(d)(2)
Reporting Results of Performance Tests
No
Subpart QQQQQ does not require performance tests.
§63.10(d)(3)
Reporting Opacity or VE Observations
No
Subpart QQQQQ contains no opacity or VE limits.
§63.10(d)(5)
SSM reports
No, for new or reconstructed sources which commenced construction or reconstruction after [DATE OF PUBLICATION OF PROPOSED RULE IN THE FEDERAL REGISTER]. Yes, for all other affected sources before [DATE 181 DAYS AFTER PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], and
No thereafter.
See 63.9540 for malfunction reporting requirements.
§63.10(e)(1)-(2)
Additional CMS Reports
No
Subpart QQQQQ does not require CMS.
§63.10(e)(4)
Reporting COMS Data
No
Subpart QQQQQ does not require COMS.
§63.11
Control Device Requirements
No
Subpart QQQQQ does not require flares.
§§63.12-63.15
Delegation, Addresses, Incorporation by Reference Availability of Information
Yes