EtiPM= Measured PM emissions for individual emission unit, or group of
co-controlled emission units, i;

Tti= The average feed rate for individual emission unit i during the
operating cycle or performance test period, or the sum of the average
feed rates for all emission units in the group of co-controlled emission
unit i; and

n= The number of individual emission units, and groups of co-controlled
emission units in the secondary aluminum processing unit.

(2) Use Equation 10 to compute the aluminum mass-weighted HCl or HF
emissions for the secondary aluminum processing unit. Compliance is
achieved if the mass-weighted emissions for the secondary aluminum
processing unit (EcHCl/HF) is less than or equal to the emission limit
for the secondary aluminum processing unit (LcHCl/HF) calculated using
Equation 2 in §63.1505(k).

Where,

EcHCl/HF= The mass-weighted HCl or HF emissions for the secondary
aluminum processing unit; and

EtiHCl/HF= Measured HCl or HF emissions for individual emission unit, or
group of co-controlled emission units i.

(3) Use Equation 11 to compute the aluminum mass-weighted D/F emissions
for the secondary aluminum processing unit. Compliance is achieved if
the mass-weighted emissions for the secondary aluminum processing unit
is less than or equal to the emission limit for the secondary aluminum
processing unit (LcD/F) calculated using Equation 3 in §63.1505(k).

Where,

EcD/F= The mass-weighted D/F emissions for the secondary aluminum
processing unit; and

EtiD/F= Measured D/F emissions for individual emission unit, or group of
co-controlled emission units i.

*	*	*	*	*

11. Section 63.1514 is revised to read as follows:

§63.1514 Change of Furnace Classification.

The requirements of this section are in addition to the other
requirement of this subpart that apply to group 1 and group 2 furnaces.

(a) Changing from a group 1 controlled furnace processing other than
clean charge to group 1 uncontrolled furnace processing other than clean
charge.

An owner or operator wishing to change operating modes must conduct
performance tests to demonstrate to the regulatory authority that
compliance can be achieved under both modes. Operating parameters
relevant to each mode of operation must be established during the
performance test.

(1) Operators of major sources must conduct performance tests for PM,
HCl and D/F, according to the procedures in §63.1512(d) with the
capture system and control device operating normally. Performance tests
must be repeated at least once every 5 years to demonstrate compliance
for each operating mode.

(i) The performance tests must be conducted with the scrap containing
the highest level of contamination expected to be processed, at the
highest throughput expected and using the highest rate of reactive flux
injection expected to be processed in controlled mode.

(ii)Parameters for capture, flux rate, and lime injection must be
established during these tests.

(iii) The emission factors for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(2) Operators of major sources must conduct additional performance tests
for PM, HCl, HF and D/F, according to the procedures in §63.1512(e)
without operating a control device. Performance tests must be repeated
at least once every 5 years to demonstrate compliance with each
operating mode.

(i) Testing under this paragraph may be conducted at any time after the
furnace has completed 1 or more charge to tap cycles, or 24 operating
hours with scrap of the highest level of contamination expected to be
processed in uncontrolled mode.

	(ii) Testing under this paragraph must be conducted with furnace
emissions captured in accordance with the provisions of §63.1512(e)(4)
and directed to the stack or vent tested.

(iii) Parameters for capture and flux rate must be established during
these tests.

(iv) The emission factors for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(3) Operators of area sources must conduct performance tests for D/F,
according to the procedures in §63.1512(d) with the capture system and
control device operating normally.

(i) The performance tests must be conducted with the scrap containing
the highest level of contamination expected to be processed, at the
highest throughput expected to be processes and using the highest rate
of reactive flux expected to be injected in controlled mode.

(ii) Parameters for capture, flux rate, and lime injection must be
established during these tests.

(iii) The emission factors for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(4) Operators of area sources must conduct performance tests for D/F,
according to the procedures in §63.1512(e) without operating a control
device.

(i) Testing under this paragraph may be conducted at any time after the
furnace has completed 1 or more charge to tap cycles, or 24 operating
hours with scrap of the highest level of contamination expected to be
processed in uncontrolled mode.

(ii) Testing under this paragraph must be conducted with furnace
emissions captured in accordance with the provisions of §63.1506(c) and
directed to the stack or vent tested.

(iii) Parameters for capture and flux rate must be established during
these tests. In addition, the number of cycles of furnace operation with
scrap of the highest level of contamination expected to be processed in
uncontrolled mode that elapsed prior to the performance test(s)
conducted in uncontrolled mode is established as a parameter.

(iv) The D/F emission factor for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(5) To change modes of operation from uncontrolled to controlled, the
owner or operator must, before charging scrap to the furnace that
exceeds the contaminant level established for uncontrolled mode,

(i) Change the label on the furnace to reflect controlled operation,

(ii) Direct the furnace emissions to the control device, and

(iii) Begin lime addition to the control device at the rate established
for controlled mode.

(6) To change modes of operation from controlled to uncontrolled, the
owner or operator must, before turning off or bypassing the control
device,

(i) Change the label on the furnace to reflect controlled operation,

(ii) Charge scrap with a level of contamination no greater than that
used in the performance test for uncontrolled furnaces for the number of
charge to tap cycles that elapsed with scrap of a contamination level no
higher than that used in the uncontrolled mode performance test(s), and

(iii) Decrease the flux addition rate to no higher than the flux
addition rate used in the uncontrolled mode performance test.

(7) In addition to the recordkeeping requirements of §63.1517, the
owner or operator must maintain records of the nature of each mode
change (controlled to uncontrolled, or uncontrolled to controlled), the
time the change is initiated, and the time the exhaust gas is diverted
from control device to bypass or bypass to control device.

(b) Changing from a group 1 controlled furnace processing other than
clean charge to a group 1 uncontrolled furnace processing clean charge.
An owner or operator wishing to operate under controlled mode with other
than clean charge and uncontrolled mode with clean charge must conduct
performance tests to demonstrate to the delegated regulatory authority
that compliance can be achieved in both modes. Operating parameters
relevant to each mode of operation must be established during the
performance test.

(1) Operators of major sources must conduct performance tests for PM,
HCl and D/F, according to the procedures in §63.1512 with the capture
system and control device operating normally. Performance tests must be
repeated at least once every 5 years to demonstrate compliance for each
operating mode.

(i) The performance tests must be conducted with the scrap containing
the highest level of contamination expected to be processed, at the
highest throughput expected to be processed and using the highest rate
of reactive flux injection expected in controlled mode.

(ii) Parameters for capture, flux rate, and lime injection must be
established during these tests.

(iii) The emission factors for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(2) Operators of major sources must conduct performance tests for PM,
HCl and D/F, according to the procedures in §63.1512 without operating
a control device. Performance tests must be repeated at least once every
5 years to demonstrate compliance for each operating mode.

(i) Testing under this paragraph may be conducted at any time after the
furnace has completed 1 or more charge to tap cycles with clean charge.

(ii) Testing under this paragraph must be conducted with furnace
emissions captured in accordance with the provisions of §63.1506(c) and
directed to the stack or vent tested.

(iii) Parameters for capture and flux rate must be established during
these tests.

(iv) Emissions of D/F during this test must not exceed 1.5 µg TEQ/Mg of
feed/charge processed, or this mode of operation is not allowed.

(v) The emission factors for PM, HCl and HF for this mode of operation,
for use in the demonstration of compliance with the emission limits for
SAPUs specified in §63.1505(k) must be determined.

(3) Operators of area sources must conduct additional performance tests
for D/F, according to the procedures in §63.1512 with the capture
system and control device operating normally.

(i) The performance tests must be conducted with the scrap containing
the highest level of contamination expected to be processed, at the
highest throughput expected to be processed and using the highest rate
of reactive flux injection expected in controlled mode.

(ii) Parameters for capture, flux rate, and lime injection must be
established during these tests.

(iii) The D/F emission factor for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(4) Operators of area sources must conduct additional performance tests
for D/F, according to the procedures in §63.1512(e) without operating a
control device.

(i) Testing may be conducted at any time after the furnace has completed
1 or more charge to tap cycles with scrap of the highest level of
contamination expected to be processed in uncontrolled mode at the
highest throughput expected to be processed in uncontrolled mode.

(ii) Testing under this paragraph must be conducted with furnace
emissions captured in accordance with the provisions of §63.1506(c) and
directed to the stack or vent tested.

(iii) Parameters for flux rate must be established during these tests.
In addition the number of cycles of furnace operation with scrap of the
highest level of contamination expected to be processed in uncontrolled
mode that elapsed prior to the performance test(s) conducted in
uncontrolled mode is established as a parameter.

(iv) The D/F emission factor for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(5) To change modes of operation from uncontrolled to controlled, the
owner or operator must, before charging scrap to the furnace that
exceeds the contaminant level established for uncontrolled mode,

(i) Change the label on the furnace to reflect controlled operation,

(ii)Direct the furnace emissions to the control device, and

(iii) Begin lime addition to the control device at the rate established
for controlled mode.

(6) To change modes of operation from controlled to uncontrolled, the
owner or operator must, before turning off or bypassing the control
device,

(i) Change the label on the furnace to reflect controlled operation,

(ii) Charge clean charge for the number of charge to tap cycles that
elapsed before the uncontrolled mode performance test was conducted, and

(iii) Decrease the flux addition rate to no higher than the flux
addition rate used in the uncontrolled mode performance test.

(7) In addition to the recordkeeping requirements of §63.1517, the
owner or operator must maintain records of the nature of each mode
change (controlled to uncontrolled, or uncontrolled to controlled), the
time the furnace operating mode change is initiated, and the time the
exhaust gas is diverted from control device to bypass or bypass to
control device.

(c) Changing from a group 1 controlled or uncontrolled furnace to a
group 2 furnace. An owner or operator wishing to change operating modes
must conduct additional performance tests to demonstrate to the
delegated regulatory authority that compliance can be achieved under
group 1 mode and establish the number of cycles of operation with clean
charge and no reactive flux addition necessary to elapse before changing
to group 2 mode. Operating parameters relevant to group 1 operation must
be established during the performance test.

(1) Operators of major sources must conduct additional performance tests
for PM, HCl, HF and D/F, according to the procedures in §63.1512.
Controlled group 1 furnaces must conduct performance tests with the
capture system and control device operating normally. Performance tests
must be repeated at least once every 5 years to demonstrate compliance
for each operating mode.

(i) The performance tests must be conducted with scrap containing the
highest level of contamination expected to be processed, at the highest
throughput expected to be processed and using the highest rate of
reactive flux expected to be injected in controlled mode.

(ii) Parameters for throughput, capture, flux rate, and lime injection
must be established during these tests.

(iii) The emission factors for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(2) While in compliance with the operating requirements of §63.1506(o)
for group 2 furnaces, operators of major sources must conduct additional
performance tests for PM, HCl, HF and D/F, according to the procedures
in §63.1512(e) without operating a control device. Performance tests
must be repeated at least once every 5 years to demonstrate compliance
for each operating mode.

(i) Testing under this paragraph may be conducted at any time after the
furnace has completed 1 or more charge-to-tap cycles, or 24 operating
hours with clean charge, and without reactive flux addition.

(ii) Testing under this paragraph must be conducted with furnace
emissions captured in accordance with the provisions of §63.1506(c) and
directed to the stack or vent tested.

(iii) Owners or operators must demonstrate that emissions are no greater
than:

(A) 1.5 µg D/F (TEQ) per ton of feed/charge,

(B) 0.04 lb HCl or HF per ton of feed/charge, and

(C) 0.04 lb PM per ton of feed/charge.

(iv) The number of charge-to-tap cycles, or operating hours elapsed
before the group 2 furnace performance tests were conducted is
established as an operating parameter to be met before changing to group
2 mode.

(3) Operators of area sources must conduct an additional performance
test for D/F, according to the procedures in §63.1512. Controlled group
1 furnaces must conduct performance tests with the capture system and
control device operating normally.

(i) The performance test must be conducted with the scrap containing the
highest level of contamination expected to be processed, at the highest
throughput expected to be processed and using the highest rate of
reactive flux expected to be injected in group 1 mode.

(ii) Parameters for throughput, flux rate, and lime injection must be
established during these tests.

(iii) If the furnace is equipped with a control device parameter(s) for
capture must be established.

(iv) The D/F emission factor for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(4) While in compliance with the operating standards of §63.1506(o) for
group 2 furnaces, operators of area sources must conduct an additional
performance test for D/F, according to the procedures in §63.1512(e),
without operating a control device.

(i) Testing under this paragraph may be conducted at any time after the
furnace has completed 1 or more charge-to-tap cycles, or 24 operating
hours with clean charge, and without reactive flux addition.

(ii) Testing under this paragraph must be conducted with furnace
emissions captured in accordance with the provisions of §63.1506(c) and
directed to the stack or vent tested.

(iii) Owners or operators must demonstrate that emissions are no greater
than 1.5 µg D/F (TEQ) per ton of feed/charge.

(iv) The number of charge-to-tap cycles, or operating hours elapsed
before the group 2 furnace performance tests were conducted is
established as an operating parameter to be met before changing to group
2 mode.

(5) To change modes of operation from a group 1 furnace to a group 2
furnace, the owner or operator must

(i) discontinue addition of other than clean charge;

(ii) discontinue addition of reactive flux;

(iii) change the label on the furnace to reflect group 2 operation;

(iv) and if the furnace is equipped with a control device, allow the
number of cycles of operation established in paragraph (c) of this
section to elapse before turning off the control device or diverting
emissions from the control device.  In addition control device
parameters related to lime addition, capture, and inlet temperature must
be maintained during this period.

(6) To change mode of operation from a group 2 furnace to group 1
furnace, the owner or operator must change the label to reflect group 1
operation.  If a control device is required for group 1 operation, the
owner or operator must direct the emissions to the control device and
maintain control device parameters related to lime addition, capture,
and inlet temperature.

(d) Changing from a group 1 controlled or uncontrolled furnace to group
2 furnace, for tilting reverberatory furnaces capable of completely
removing furnace contents between batches. An owner or operator of a
tilting reverberatory furnace capable of completely removing furnace
contents between batches, wishing to change operating modes, must
conduct additional performance tests to demonstrate that compliance can
be achieved under group 1 mode. Operating parameters relevant to group 1
operation must be established during the performance test.

(1) Operators of major sources must conduct additional performance tests
for PM, HCl, HF and D/F, according to the procedures in §63.1512.
Controlled group 1 furnaces must conduct performance tests with the
capture system and control device operating normally. The performance
tests must be conducted with the scrap containing the highest level of
contamination expected to be processed, at the highest throughput
expected to be processed and using the highest rate of reactive flux
expected to be injected in controlled mode. Performance tests must be
repeated at least once every 5 years to demonstrate compliance for each
operating mode.

(i) Parameters for throughput, capture, flux rate, and lime injection
must be established during these tests.

(ii) The emission factors for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(2) Operators of area sources must conduct an additional performance
test for D/F, according to the procedures in §63.1512. Operators of
controlled group 1 furnaces must conduct performance tests with the
capture system and control device operating normally. Performance tests
must be repeated at least once every 5 years to demonstrate compliance
for each operating mode.

(i) The performance test must be conducted with the scrap containing the
highest level of contamination expected to be processed, at the highest
throughput expected to be processed and using the highest rate of
reactive flux injection expected in group 1 mode.

(ii) Parameters for throughput, flux rate, and lime injection must be
established during these tests.

(iii) If the furnace is equipped with a control device parameter(s) for
capture must be established.

(iv) The D/F emission factor for this mode of operation, for use in the
demonstration of compliance with the emission limits for SAPUs specified
in §63.1505(k) must be determined.

(3) To change modes from group 1 to group 2 the operator must:

(i) Completely remove all aluminum from the furnace;

(ii) Change the furnace label;

(iii) Use only clean charge; and

(iv) Use no reactive flux;

(4) To change modes from group 2 to group 1 the owner or operator must,
before charging other than clean charge and before adding reactive flux
to the furnace;

(i) Change the label on the furnace to reflect group 1 operation,

(ii) Direct the furnace emissions to the control device, if any, and,

(iii) Begin lime addition to the control device, if any.

(5) In addition to the recordkeeping requirements of §63.1517, the
owner or operator must maintain records of the nature of each mode
change (group 1 to group 2, or group 2 to group 1), the time the change
is initiated, and, if the furnace is equipped with a control device, the
time the exhaust gas is diverted from control device to bypass or bypass
to control device.

(e) Frequency of changing furnace operating mode. Changing furnace
operating mode and reversion to the previous mode, as provided in
paragraphs (a) through (d) of this section may not be done more
frequently than once every 6 months, except that controlled furnaces may
change operating modes (and revert to prechange operating mode) without
restriction on frequency, when the air pollution control device must be
shut down for planned maintenance.

*	*	*	*	*

12. Section 63.1515 is amended by removing paragraph (b)(10).

13. Section 63.1516 is amended by:

a. By removing and reserving paragraph (a);

b. By revising paragraph (b);

c. By removing and reserving paragraph (b)(1)(v);

d. By revising paragraph (b)(2)(iii);

e. By adding paragraph (b)(3);

f. By revising paragraph (c); and

g. By adding paragraph(d)to read as follows:

§63.1516 Reports.

(a) [Reserved]

(b) Excess emissions/summary report. The owner or operator of a major or
area source must submit semiannual reports according to the requirements
in §63.10(e)(3). Except, the owner or operator must submit the
semiannual reports within 60 days after the end of each 6-month period
instead of within 30 days after the calendar half as specified in
§63.10(e)(3)(v). When no deviations of parameters have occurred, the
owner or operator must submit a report stating that no excess emissions
occurred during the reporting period.

*	*	*	*	*

(2) *	*	*

(iii) For each sidewell group 1 furnace with add-on air pollution
control devices: “Each furnace was operated such that the level of
molten metal remained above the top of the passage between the sidewell
and hearth during reactive fluxing, and reactive flux, except for cover
flux, was added only to the sidewell or to a furnace hearth equipped
with an add-on air pollution control device for PM, HCl, HF and D/F
emissions during this reporting period.”

*	*	*	*	*

(3) *	*	*

(i) Within 60 days after the date of completing each performance test
(defined in §63.2) as required by this subpart you must transmit the
results of the performance tests required by this subpart to EPA’s
WebFIRE database by using the Compliance and Emissions Data Reporting
Interface (CEDRI) that is accessed through EPA’s Central Data Exchange
(CDX)(www.epa.gov/cdx). Performance test data must be submitted in the
file format generated through use of EPA’s Electronic Reporting Tool
(ERT) (see http://www.epa.gov/ttn/chief/ert/index.html). Only data
collected using test methods on the ERT website are subject to this
requirement for submitting reports electronically to WebFIRE. Owners or
operators who claim that some of the information being submitted for
performance tests is confidential business information (CBI) must submit
a complete ERT file including information claimed to be CBI on a compact
disk or other commonly used electronic storage media (including, but not
limited to, flash drives) to EPA. The electronic media must be clearly
marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention:
WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC  27703.
The same ERT file with the CBI omitted must be submitted to EPA via CDX
as described earlier in this paragraph. At the discretion of the
delegated authority, you must also submit these reports, including the
confidential business information, to the delegated authority in the
format specified by the delegated authority.

(ii) All reports required by this subpart not subject to the
requirements in paragraphs (1)(i) and (ii) of this section must be sent
to the Administrator at the appropriate address listed in §63.13. The
Administrator or the delegated authority may request a report in any
form suitable for the specific case (e.g., by commonly used electronic
media such as Excel spreadsheet, on CD or hard copy). The Administrator
retains the right to require submittal of reports subject to paragraph
(1)(i) and (ii) of this section in paper format.

(c) Annual compliance certifications. For the purpose of annual
certifications of compliance required by 40 CFR part 70 or 71, the owner
or operator of a major or area source subject to this subpart must
certify continuing compliance based upon, but not limited to, the
following conditions:

*	*	*	*	*

(d) If there was a malfunction during the reporting period, the owner or
operator must submit a report that includes the number, duration, and a
brief description for each type of malfunction which occurred during the
reporting period and which caused or may have caused any applicable
emission limitation to be exceeded. The report must also include a
description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with §§63.1506(a)(5) and 63.1520(a)(8), including actions taken to
correct a malfunction.

*	*	*	*	*

14. Section 63.1517 is amended by:

a. By revising paragraph (b)(16)(i);

b. By adding paragraph (b)(18); and

c. By adding paragraph (c)to read as follows:

§63.1517 Records.

*	*	*	*	*

(b) *	*	*

(16) *	*	*

(i) [Reserved};

*	*	*	*	*

(18) For each malfunction for which the owner or operator chooses to
claim coverage under the affirmative defense provisions, the owner or
operator must maintain the following records;

(i) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control
equipment and monitoring equipment.

(ii) Records of actions taken during periods of malfunction to minimize
emissions in accordance with §§63.1506(a)(5) and 63.1520(a)(8),
including corrective actions to restore malfunctioning process and air
pollution control and monitoring equipment to its normal or usual manner
of operation.

(c) All reports required by this subpart not subject to the requirements
in paragraph (b) of this section must be sent to the Administrator at
the appropriate address listed in §63.13. If acceptable to both the
Administrator and the owner or operator of a source, these reports may
be submitted on electronic media. The Administrator retains the right to
require submittal of reports subject to paragraph (b) of this section in
paper format.

*	*	*	*	*

15. Section 63.1520 is revised to read as follows:

§63.1520 Affirmative defense for violation of emission limit during
malfunction.

In response to an action to enforce the standards set forth in this
subpart, you may assert an affirmative defense to a claim for civil
penalties for violations of such standards that are caused by
malfunction, as defined at §63.2. Appropriate penalties may be
assessed, however, if you fail to meet your burden of proving all of the
requirements in the affirmative defense. The affirmative defense shall
not be available for claims for injunctive relief.

(a) To establish the affirmative defense in any action to enforce such a
limit, you must timely meet the notification requirements in paragraph
(b) of this section, and must prove by a preponderance of evidence that:

(1) The excess emissions:

(i) Were caused by a sudden, infrequent and unavoidable failure of air
pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner; and

(ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and

(iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for.

(iv) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and

(2) Repairs were made as expeditiously as possible when the applicable
emission limitations were being exceeded. Off-shift and overtime labor
were used, to the extent practicable to make these repairs; and

(3) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and

(4) If the excess emissions resulted from a bypass of control equipment
or a process, then the bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage; and

(5) All possible steps were taken to minimize the impact of the excess
emissions on ambient air quality, the environment and human health; and

(6) All emissions monitoring and control systems were kept in operation
if at all possible, consistent with safety and good air pollution
control practices; and

(7) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and

(8) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and

(9) A written root cause analysis has been prepared, the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.

(b) Reports. The owner or operator seeking to assert an affirmative
defense shall submit a written report to the Administrator within 45
days of the initial occurrence of the violation of the standards in this
subpart, which may be the end of any applicable averaging period, to
demonstrate, with all necessary supporting documentation, that it has
met the requirements set forth in paragraph (a) of this section. The
owner or operator may seek an extension of this deadline for up to 30
additional days by submitting a written request to the Administrator
before the expiration of the 45 day period. Until a request for an
extension has been approved by the Administrator, the owner or operator
is subject to the requirement to submit such report within 45 days of
the initial occurrence of the violation.

*	*	*	*	*

16. Table 1 to Subpart RRR of part 63 is amended to read as follows:

Table 1 to Subpart RRR – Emission standards for New and Existing
Affected Sources

Affected source/Emission unit	Pollutant	Limit	Units

All new and existing affected sources and emission units that are
controlled with a PM add-on control device and that choose to monitor
with a COM; and all new and existing aluminum scrap shredders that
choose to monitor with a COM or to monitor visible emissions	Opacity	10
Percent

New and existing aluminum scrap shredder	PM	0.01	Gr/dscf

New and existing thermal chip dryer	THC	0.8	lb/ton of feed

	D/Fa	2.5	ug TEQ/Mg of feed

New and existing scrap dryer/delacquering kiln/decoating kiln

or	PM	0.08	lb/ton of feed

	HCl	0.8	lb/ton of feed

	THC	0.06	lb/ton of feed

	D/Fb	0.25	ug TEQ/Mg of feed

Alternative limits if afterburner has a design residence time of at
least 1 second and operates at a temperature of at least 1400 F	PM	0.3
lb/ton of feed

	HCl	1.5	lb/ton of feed

	THC	0.2	lb/ton of feed

	D/Fa	5	ug TEQ/Mg of feed

New or existing sweat furnace	D/Fa	0.8	ng TEQ/dscm @ 11% O2b

New or existing dross-only furnace	PM	0.3	lb/ton of feed

New or existing in-line fluxer 	HCL	0.04	lb/ton of feed

	PM	0.01	lb/ton of feed

New and existing in-line fluxer with no reactive fluxing

No limit	work practice: no reactive fluxing

New and existing rotary dross cooler	PM	0.04	gr/dscf

New and existing clean furnace (Group 2)

No limit	Work practices: clean charge only and no reactive fluxing

New and existing group 1 melting/holding furnace (processing only clean
charge)c	PM	0.8	lb/ton of feed

	HCL	0.4	lb/ton of feed

	HF	0.4	lb/ton of feed

or

	10	percent of the HCl upstream of the add-on control device

New and existing group 1 furnacec	PM	0.4	lb/ton of feed

	HCL	0.4	lb/ton of feed

	HF	0.4	lb/ton of feed

or

	10	percent of the HCl upstream of the add-on control device

	D/Fb	15	ug/TEQ/Mg of feed

New and existing group 1 furnace with clean charge onlyc	PM	0.4	lb/ton
of feed

	HCL	0.4	lb/ton of feed

	HF	0.4	lb/ton of feed

or

	10	percent of the HCl upstream of the add-on control device

	D/Fa	No limit	Clean charge only

New and existing secondary aluminum processing unita,d (consists of all
existing group 1 furnaces and existing in-line flux boxes at the
facility, or all simultaneously constructed new group 1 furnaces and new
in-lie fluxers)

	PMe

	HCl or HFf

	D/Fg

a D/F limit applies to a unit at a major or area source.

b Sweat furnaces equipped with afterburners meeting the specifications
of §63.1505(f)(1) are not required to conduct a performance test.

d These limits are also used to calculate the limits applicable to
secondary aluminum processing units.

d Equation definitions: LiPM = the PM emission limit for individual
emission unit i in the secondary aluminum processing unit [kg/Mg
(lb/ton) of feed]; Ti = the feed rate for individual emission unit i in
the secondary aluminum processing unit; LtPM = the overall PM emission
limit for the secondary aluminum processing unit [kg/Mg (lb/Ton of
feed)]; LiHCL/HF = the HCL or HF emission limit for individual emission
unit i in the secondary aluminum processing unit [kg/Mg (lb/Ton) of
feed]; LtHCl/HF = the overall HCl or HF emission limit for the secondary
aluminum processing unit [kg/Mg (lb/ton) of feed]; LiD/F = the D/F
emission limit for individual emission unit i [µg TEQ/Mg (gr TEQ/ton)
of feed]; LtD/F = the overall D/F emission limit for the secondary
aluminum processing unit [µg TEQ/Mg (gr TEQ/Ton) of feed]; n = the
number of units in the secondary aluminum processing unit. (Need to
check. These are slightly different that what is in the text of the
rule)

e In-line fluxers using no reactive flux materials cannot be included in
this calculation since they are not subject to the PM limit.

f In-line fluxers using no reactive flux materials cannot be included in
this calculation since they are not subject to the HCL and HF limits.

g Clean charge furnaces cannot be included in this calculation since
they are not subject to the D/F limit.

*	*	*	*	*

17. Table 2 to Subpart RRR of part 63 is amended by:

a. Revising the entry All affected sources and emission units with an
add-on air pollution control device;

b. Revising the entry Scrap dryer/delacquering kiln/decoating kiln with
afterburner and lime-injected fabric filter;

c. Revising the entry In-line fluxer with lime-injected fabric filter
(including those that are part of a secondary aluminum processing unit);

d. Revising entry Group 1 furnace with lime-injected fabric filter
(including those that are part of a secondary of aluminum processing
unit);

e. Adding the entry Thermal chip dryer, scrap dryer/delacquering
kiln/decoating kiln, sweat furnace, dross-only furnace, and group 1
furnace; and

f. Adding footnote d to Table 2 to read as follows:

Table 2 to Subpart RRR of Part 63—Summary of Operating Requirements
for New and Existing Affected Sources and Emission Units

Affected source/emission unit	Monitor type/operation/process	Operating
requirements

        *	     *	     *	     *	      *     *	      *

All affected sources and emission units with an add-on air pollution
control device	Emission capture and collection system	Design and install
in accordance with Industrial Ventilation: A Handbook of Recommended
Practice, 23rd or 27th edition; operate in accordance with OM&M plan.b

        *	     *	     *	     *	      *     *	      *

Scrap dryer/delacquering kiln/decoating kiln with afterburner and
lime-injected fabric filter	Afterburner operating temperature	Maintain
average temperature for each 3-hr period at or above average operating
temperature during the performance test.

  	Afterburner operation	Operate in accordance with OM&M plan.b

  	Bag leak detector or	Initiate corrective action within 1-hr of
alarm and complete in accordance with the OM&M plan;b operate such that
alarm does not sound more than 5% of operating time in 6-month period.

  	COM	Initiate corrective action within 1-hr of a 6-minute average
opacity reading of 5% or more and complete in accordance with the OM&M
plan.b

  	Fabric filter inlet temperature	Maintain average fabric filter
inlet temperature for each 3-hr period at or below average temperature
during the performance test +14 °C (+25 °F).

  	Lime injection rate	Maintain free-flowing lime in the feed hopper
or silo at all times for continuous injection systems; maintain feeder
setting at level established during the performance test for continuous
injection systems.

        *	     *	     *	     *	      *     *	      *

In-line fluxer with lime-injected fabric filter (including those that
are part of a secondary aluminum processing unit)	Bag leak detector or
Initiate corrective action within 1-hr of alarm and complete in
accordance with the OM&M plan;b operate such that alarm does not sound
more than 5% of operating time in 6-month period.

  	COM	Initiate corrective action within 1-hr of a 6-minute average
opacity reading of 5% or more and complete in accordance with the OM&M
plan.b

  	Lime injection rate	Maintain free-flowing lime in the feed hopper
or silo at all times for continuous injection systems; maintain feeder
setting at level established during performance test for continuous
injection systems.

  	Reactive flux injection rate	Maintain reactive flux injection rate
at or below rate used during the performance test for each operating
cycle or time period used in the performance test.

        *	     *	     *	     *	      *     *	      *

Group 1 furnace with lime-injected fabric filter (including those that
are part of a secondary of aluminum processing unit).	Bag leak detector
or	Initiate corrective action within 1-hr of alarm; operate such that
alarm does not sound more than 5% of operating time in 6-month period;
complete corrective action in accordance with the OM&M plan.b

  	COM	Initiate corrective action within 1-hr of a 6-minute average
opacity reading of 5% or more; complete corrective action in accordance
with the OM&M plan.b

  	Fabric filter inlet temperature	Maintain average fabric filter
inlet temperature for each 3-hour period at or below average temperature
during the performance test +14 °C (+25 °F).

  	Reactive flux injection rate	Maintain reactive flux injection rate
(kg/Mg) (lb/ton) at or below rate used during the performance test for
each furnace cycle.

  	Lime injection rate	Maintain free-flowing lime in the feed hopper
or silo at all times for continuous injection systems; maintain feeder
setting at level established at performance test for continuous
injection systems.

  	Maintain molten aluminum level	Operate sidewell furnaces such that
the level of molten metal is above the top of the passage between
sidewell and hearth during reactive flux injection, unless the hearth is
also controlled.

  	Fluxing in sidewell furnace hearth	Add reactive flux only to the
sidewell of the furnace unless the hearth is also controlled.

        *	     *	     *	     *	      *     *	      *

	Furnaces that will be idle for at least 24 hours and will burn clean
fuel only, will not receive new charge, flux or alloying material
Associated fans, hoods and APCD may be temporarily turned off.

Before charging resumes, all associated fans, hoods and APCD must be
turned on and operated continuously.

        *	     *	     *	     *	      *     *	      *

dAPCD – Air pollution control device.

*	*	*	*	*

18. Table 3 to Subpart RRR of part 63 is amended by:

a. Revising the entry All affected sources and emission units with an
add-on air pollution control device;

b. Revising the entry Aluminum scrap shredder with fabric filter;

c. Revising the entry Scrap dryer/delacquering kiln/decoating kiln with
afterburner and lime-injected fabric filter;

d. Revising entry Dross-only furnace with fabric filter;

e. Revising the entry Rotary dross cooler with fabric filter;

f. Revising the entry In-line fluxer with lime-injected fabric filter;

g. Revising the entry Group 1 furnace with lime-injected fabric filter;

h. Removing footnote c to Table 3; and

i. Revising footnote d to Table 3 to read as follows:

Table 3 to Subpart RRR of Part 63—Summary of Monitoring Requirements
for New and Existing Affected Sources and Emission Units

Affected source/Emission unit	Monitor type/Operation/Process	Monitoring
requirements

        *	     *	     *	     *	      *     *	      *

All affected sources and emission units with an add-on air pollution
control device	Emission capture and collection system	Annual inspection
of all emission capture, collection, and transport systems to ensure
that systems continue to operate in accordance with ACGIH standards.
Inspection includes volumetric flow rate measurements.

        *	     *	     *	     *	      *     *	      *

Aluminum scrap shredder with fabric filter	Bag leak detector or	Install
and operate in accordance with manufacturer’s operating instructions.

  	COM or	Design and install in accordance with PS–1; collect data
in accordance with subpart A of 40 CFR part 63; determine and record
6-minute block averages.

  	VE	Conduct and record results of 30-minute daily test in accordance
with Method 9.

        *	     *	     *	     *	      *     *	      *

Scrap dryer/delacquering kiln/decoating kiln with afterburner and
lime-injected fabric filter	Afterburner operating temperature.
Continuous measurement device to meet specifications in §63.1510(g)(1);
record temperature for each 15-minute block; determine and record 3-hr
block averages.

  	Afterburner operation	Annual inspection of afterburner internal
parts; complete repairs in accordance with the OM&M plan.

  	Bag leak detector or	Install and operate in accordance with
manufacturer’s operating instructions.

  	COM	Design and Install in accordance with PS–1; collect data in
accordance with subpart A of 40 CFR part 63; determine and record
6-minute block averages.

  	Lime injection rate	For continuous injection systems, inspect each
feed hopper or silo every 8 hours to verify that lime is free flowing;
record results of each inspection. If blockage occurs, inspect every 4
hours for 3 days; return to 8-hour inspections if corrective action
results in no further blockage during 3-day period, record feeder
setting daily.

Verify monthly that lime injection rate is no less than 90 percent of
the rate used during the compliance demonstration test.

  	Fabric filter inlet temperature.	Continuous measurement device to
meet specifications in §63.1510(h)(2); record temperatures in 15-minute
block averages; determine and record 3-hr block averages.

        *	     *	     *	     *	      *     *	      *

Dross-only furnace with fabric filter	Bag leak detector or	Install and
operate in accordance with manufacturer’s operating instructions.

  	COM	Design and install in accordance with PS–1; collect data in
accordance with subpart A of 40 CFR part 63; determine and record
6-minute block averages.

  	Feed/charge material	Record identity of each feed/charge; certify
charge materials every 6 months.

        *	     *	     *	     *	      *     *	      *

Rotary dross cooler with fabric filter	Bag leak detector or	Install and
operate in accordance with manufacturer’s operating instructions.

  	COM	Design and install in accordance with PS–1; collect data in
accordance with subpart A of 40 CFR part 63; determine and record
6-minute block averages.

        *	     *	     *	     *	      *     *	      *

In-line fluxer with lime-injected fabric filter	Bag leak detector or
Install and operate in accordance with manufacturer’s operating
instructions.

  	COM	Design and install in accordance with PS–1; collect data in
accordance with subpart A of 40 CFR part 63; determine and record
6-minute block averages

  	Reactive flux injection rate	Weight measurement device accuracy of
±1%b; calibrate according to manufacturer's specifications or at least
once every 6 months; record time, weight and type of reactive flux added
or injected for each 15-minute block period while reactive fluxing
occurs; calculate and record total reactive flux injection rate for each
operating cycle or time period used in performance test; or

Alternative flux injection rate determination procedure per
§63.1510(j)(5). For solid flux added intermittently, record the amount
added for each operating cycle or time period used in the performance
test.

  	Lime injection rate	For continuous injection systems, record feeder
setting daily and inspect each feed hopper or silo every 8 hrs to verify
that lime is free-flowing; record results of each inspection. If
blockage occurs, inspect every 4 hrs for 3 days; return to 8-hour
inspections if corrective action results in no further blockage during
3-day period.d

Verify monthly that the lime injection rate is no less than 90 percent
of the rate used during the compliance demonstration test.

        *	     *	     *	     *	      *     *	      *

Group 1 furnace with lime-injected fabric filter	Bag leak detector or
Install and operate in accordance with manufacturer’s operating
instructions.

  	COM	Design and install in accordance with PS–1; collect data in
accordance with subpart A of 40 part CFR 63; determine and record
6-minute block averages.

  	Lime injection rate	For continuous injection systems, record feeder
setting daily and inspect each feed hopper or silo every 8 hours to
verify that lime is free-flowing; record results of each inspection. If
blockage occurs, inspect every 4 hours for 3 days; return to 8-hour
inspections if corrective action results in no further blockage during
3-day period.d

Verify monthly that the lime injection rate is no less than 90 percent
of the rate used during the compliance demonstration test.

  	Reactive flux injection rate	Weight measurement device accuracy of
±1%b; calibrate every 3 months; record weight and type of reactive flux
added or injected for each 15-minute block period while reactive fluxing
occurs; calculate and record total reactive flux injection rate for each
operating cycle or time period used in performance test; or Alternative
flux injection rate determination procedure per §63.1510(j)(5). For
solid flux added intermittently, record the amount added for each
operating cycle or time period used in the performance test.

  	Fabric filter inlet temperature	Continuous measurement device to
meet specifications in §63.1510(h)(2); record temperatures in 15-minute
block averages; determine and record 3-hour block averages.

  	Maintain molten aluminum level in sidewell furnace	Maintain
aluminum level operating log; certify every 6 months. If visual
inspection of molten metal level is not possible, use physical
measurement methods.

        *	     *	     *	     *	      *     *	      *

Group 1 furnace without add-on controls	Fluxing in sidewell furnace
hearth	Maintain flux addition operating log; certify every 6 months.

  	Reactive flux injection rate	Weight measurement device accuracy of
+1%b; calibrate according to manufacturers specifications or at least
once every six months; record weight and type of reactive flux added or
injected for each 15-minute block period while reactive fluxing occurs;
calculate and record total reactive flux injection rate for each
operating cycle or time period used in performance test. For solid flux
added intermittently, record the amount added for each operating cycle
or time period used in the performance test.

  	OM&M plan (approved by permitting agency)	Demonstration of
site-specific monitoring procedures to provide data and show correlation
of emissions across the range of charge and flux materials and furnace
operating parameters.

  	Feed material (melting/holding furnace)	Record type of permissible
feed/charge material; certify charge materials every 6 months.

        *	     *	     *	     *	      *     *	      *

c Permitting agency may approve other alternatives including load cells
for lime hopper weight, sensors for carrier gas pressure, or HCl
monitoring devices at fabric filter outlet.

*	*	*	*	*

19. Appendix A to Subpart RRR of part 63 is amended by:

a. Removing entry 63.6(e)(1)-(2);

b. Adding entries 63.6(e)(1)(i) and 63.6(e)(1)ii);

c. Adding entry 63.6(e)(2);

d. Revising entry 63.6(e)(3)

e. Removing entry 63.6(f);

f. Adding entries 63.6(f)(1) and 63.6(f)(2);

g. Removing entries 63.6((h);

h. Adding entries 63.6(h)(1) and 63.6(h)(2);

i. Removing entries 63.7((e);

j. Adding entries 63.7(e)(1) and 63.7(e)(2);

k. Removing entries 63.8((c)(1)-(3);

l. Adding entries 63.8(c)(1)(i), 63.8(c)(1)(ii), 63.8(c)(1)(iii),
63.8(c)(1)(iv) and 63.7(e)(2)-(3);

m. Removing entries 63.10((b);

n. Adding entries 63.10(b)(1), 63.10(b)(2)(i),(ii), (iv) and (v), and
63.10(b)(2)(iii;

o. Revising entry 63.10(c)(10)-(13);

p. Revising entry 63.10(d)(4)-(5); and

q. Revising entries 63.14 to read as follows:

Appendix A to Subpart RRR of Part 63 – Applicability of General
Provisions 40 CFR 63, Subpart RRR

Citation	Requirement	Applies to RRR	Comment

        *	     *	     *	     *	      *     *	      *

63.6(e)(1)(i)

No.	See §63.1506(a)(5) for general duty requirement. Any other cross
reference to §63.6(3)(1)(i) in any other general provision incorporated
by reference shall be treated as a cross reference to §63.1506(a)(5).

63.6(e)(1)(ii)

No.

	        *	     *	     *	     *	      *     *	      *

63.6(e)(2))

Yes.

	        *	     *	     *	     *	      *     *	      *

§63.6(e)(3)	Startup, Shutdown Plan	No.

        *	     *	     *	     *	      *     *	      *

§63.6(f)(1)	Compliance with Emission Standards	No.

	§63.6(f)(2)	Compliance with Emission Standards	Yes.

	        *	     *	     *	     *	      *     *	      *

§63.6(h)(1)	Compliance with Opacity/VE Standards	No.

	§63.6(h)(2)-	Compliance with Opacity/VE Standards	Yes.

	        *	     *	     *	     *	      *     *	      *

§63.7(e)(1)	Conduct of Tests	No.	See 63.1511(a).

§63.7(e)(2)	Conduct of Tests	Yes.

	        *	     *	     *	     *	      *     *	      *

63.8(c)(1)(i)

No	See 63.1506(a)(5) for general duty requirement.

63.8(c)(1)(ii)

Yes.

	§63.8(c)(1)(iii)	CMS Operation and Maintenance	NO.

	        *	     *	     *	     *	      *     *	      *

§63.8(d)(3)	Quality Control	Yes, except for last sentence, which refers
to an SSM plan.  SSM plans are not required.

	        *	     *	     *	     *	      *     *	      *

§63.10(b)(1)	General Requirements	Yes	See 63.1517 includes additional
requirements

        *	     *	     *	     *	      *     *	      *

§63.10(b)(2)(i), (ii), (iv) and (v)	General Requirements	No	See
63.1517(b)(18) for recordkeeping of occurrence and duration of
malfunctions and recordkeeping of actions taken during malfunction

§63.10(b)(2)(iii) and (vi) to (ix)	General Requirements	Yes	See 63.1517
includes additional requirements

        *	     *	     *	     *	      *     *	      *

§63.10(c)(10)-(11)

No.	See 63.1517(b)(18) for recordkeeping of malfunctions.

        *	     *	     *	     *	      *     *	      *

§63.10(c)(15)	General Requirements	No

	        *	     *	     *	     *	      *     *	      *

§63.10(d)(4)–(5)	Progress Reports/Startup, Shutdown, and Malfunction
Reports	No.

	        *	     *	     *	     *	      *     *	      *

§63.14	Incorporation by Reference	Yes	ACGIH Industrial Ventilation
Manual for capture/collection systems; and Interim Procedures for
Estimating Risk Associated with Exposure to Mixtures of Chlorinated
Dibenzofurans (CDDs and CDFs) and 1989 Update (incorporated by reference
in §63.1502).

        *	     *	     *	     *	      *     *	      *

 “Adverse environmental effect” is defined in CAA section 112(a)(7)
as any significant and widespread adverse effect, which may be
reasonably anticipated to wildlife, aquatic life or natural resources,
including adverse impacts on populations of endangered or threatened
species or significant degradation of environmental qualities over broad
areas.

 Although defined as “maximum individual risk,” MIR refers only to
cancer risk. MIR, one metric for assessing cancer risk, is the estimated
risk were an individual to be exposed to the maximum level of a
pollutant for a lifetime.

 U.S. EPA SAB. Risk and Technology Review (RTR) Risk Assessment
Methodologies: For Review by the EPA’s Science Advisory Board with
Case Studies – MACT I Petroleum Refining Sources and Portland Cement
Manufacturing, May 2010.

 U.S. EPA. Revision to the Guideline on Air Quality Models: Adoption of
a Preferred General Purpose (Flat and Complex Terrain) Dispersion Model
and Other Revisions (70 FR 68218, November 9, 2005).

 A census block is generally the smallest geographic area for which
census statistics are tabulated.

 These classifications also coincide with the terms "known carcinogen,
probable carcinogen and possible carcinogen," respectively, which are
the terms advocated in the EPA's previous Guidelines for Carcinogen Risk
Assessment, published in 1986 (51 FR 33992, September 24, 1986). Summing
the risks of these individual compounds to obtain the cumulative cancer
risks is an approach that was recommended by the EPA's SAB in their 2002
peer review of EPA's NATA entitled, NATA - Evaluating the National-scale
Air Toxics Assessment 1996 Data -- an SAB Advisory, available at:
http://yosemite.epa.gov/sab/sabproduct.nsf/214C6E915BB04E14852570CA007A6
82C/$File/ecadv02001.pdf.

 NAS, 2001. Standing Operating Procedures for Developing Acute Exposure
Levels for Hazardous Chemicals, page 2.

 ERP Committee Procedures and Responsibilities. November 1, 2006.
American Industrial Hygiene Association.

 See http://www.tceq.state.tx.us/compliance/field_ops/eer/index.html or
docket to access the source of these data.

 The SAB peer review of RTR Risk Assessment Methodologies is available
at:
http://yosemite.epa.gov/sab/sabproduct.nsf/4AB3966E263D943A8525771F00668
381/$File/EPA-SAB-10-007-unsigned.pdf.

 Short-term mobility is movement from one micro-environment to another
over the course of hours or days. Long-term mobility is movement from
one residence to another over the course of a lifetime.

 U.S. EPA. National-Scale Air Toxics Assessment for 1996. (EPA
453/R–01–003; January 2001; page 85.)

 IRIS glossary (http://www.epa.gov/NCEA/iris/help_gloss.htm).

 An exception to this is the URE for benzene, which is considered to
cover a range of values, each end of which is considered to be equally
plausible and which is based on maximum likelihood estimates.

 According to the NRC report, Science and Judgment in Risk Assessment
(NRC, 1994) “[Default] options are generic approaches, based on
general scientific knowledge and policy judgment, that are applied to
various elements of the risk assessment process when the correct
scientific model is unknown or uncertain.” The 1983 NRC report, Risk
Assessment in the Federal Government: Managing the Process, defined
default option as “the option chosen on the basis of risk assessment
policy that appears to be the best choice in the absence of data to the
contrary” (NRC, 1983a, p. 63). Therefore, default options are not
rules that bind the Agency; rather, the Agency may depart from them in
evaluating the risks posed by a specific substance when it believes this
to be appropriate. In keeping with EPA’s goal of protecting public
health and the environment, default assumptions are used to ensure that
risk to chemicals is not underestimated (although defaults are not
intended to overtly overestimate risk). See EPA, 2004, An Examination of
EPA Risk Assessment Principles and Practices, EPA/100/B–04/001
available at:

http://www.epa.gov/osa/pdfs/ratf-final.pdf.

 Although defined as “maximum individual risk,” MIR refers only to
cancer risk.  MIR, one metric for assessing cancer risk, is the
estimated risk were an individual exposed to the maximum level of a
pollutant for a lifetime.

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Page   PAGE  155  of   NUMPAGES   236

Page   PAGE  1  of   NUMPAGES   1


[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]
[Page 8325]
[DOCID:fr24fe10-57]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-295-000]

E.ON U.S. LLC; Notice of Filing

February 17, 2010.
    Take notice that, on February 16, 2009, E.ON U.S. LLC filed to
supplement its filing in the above captioned docket with information
required under the Commission's regulations. Such filing served to
reset the filing date in this proceeding.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 9, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-3622 Filed 2-23-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Proposed Rules]
[Page 52028-52031]
[DOCID:fr12se07-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0479; FRL-8466-1]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments Extending the Applicability of Four Consumer and
Commercial Product Regulations to the Fredericksburg Volatile Organic
Compound (VOC) Emissions Control Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Virginia. This revision
extends the applicability of four consumer and commercial product
regulations--Portable Fuel Container Spillage, Mobile Equipment Repair
and Refinishing Operations, Architectural and Industrial Maintenance
Coatings, and Consumer Products--to the Fredericksburg VOC Emissions
Control Area. These amendments are necessary to implement VOC
contingency measures within the Fredericksburg VOC Emissions Control
Area. This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before October 12, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0479 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2007-0479, Marilyn Powers, Acting Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0479. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth,<PHONE_NUMBER> or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On May 14, 2007, the Virginia Department of
Environmental Quality (VADEQ) submitted a formal revision to its SIP.
This SIP revision consists of amendments to 9 VAC 5 Chapter 20, Part I,
Administrative, 9 VAC 5-20-21, Documents Incorporated by Reference, and
amendments to 9 VAC 5 Chapter 40, Part II, Emission Standards, Articles
42, 48, 49, and 50.

I. Background

    Chapter 40 of Virginia's Regulations for the Control and Abatement
of Air Pollution contains a number of rules used to enforce control
measures designed to attain and maintain the ozone air quality
standard. The geographic applicability of these rules is defined by
establishing VOC and NOX emissions control areas in a list
located in 9 VAC 5-20-206. The Commonwealth of Virginia's regulations
establish VOC and nitrogen oxide (NOX) emissions control
areas to provide the legal mechanism to define the geographic areas in
which Virginia implements control measures to attain and maintain the
air quality standards for ozone. The emissions control areas may or may
not coincide with the nonattainment areas found in 9 VAC 5-20-204,
depending upon the necessity of the planning requirements. Most of the
Chapter 40 regulations automatically apply within all of the VOC
emissions control areas. Some Chapter 40 rules (Articles 4, 36, 37, and
53) have provisions that apply only to certain existing VOC and
NOX emission control areas. Other Chapter 40 regulations
were originally adopted to apply only within certain emission control
areas.
    The original ozone air quality standard was a 1-hour standard.
Three VOC and NOX emission control areas, Northern Virginia,
Hampton Roads, and Richmond, were established in Virginia in order to
implement control measures to attain the 1-hour ozone air quality
standard. On July 18, 1997, EPA promulgated a revised 8-hour ozone
standard of 0.08 parts per million (ppm). This new standard is more
stringent than the previous 1-hour standard. On April 30, 2004 (69 FR
23858), EPA designated and classified areas for the 8-hour ozone
national ambient air quality standards (NAAQS). For most areas, these
designations became effective June 15, 2004. EPA designated, as
nonattainment, any area violating the 8-hour ozone NAAQS based upon the
air quality data for the three years of 2001-2003. These were the most
recent three years of data available at the time EPA designated 8-hour
areas. The 8-hour standard replaced the 1-hour standard on June 15,
2005 (69 FR 23996). Accordingly, the Virginia State Air Pollution
Control Board promulgated the State 8-hour ozone nonattainment areas
that took effect on August 25, 2004. In order to implement control
measures to attain and maintain the air quality standards for ozone,
the Board proposed to expand the VOC and NOX emissions
control areas in 9 VAC 5-20-206, and extend

the geographic applicability of the VOC and NOX regulatory
rules in Chapter 40 of the regulations into the new 8-hour
nonattainment areas. On March 2, 2007 (72 FR 9441), EPA published a
final rulemaking which established a new Fredericksburg VOC Emissions
Control Area, consisting of Spotsylvania County and Fredericksburg
City, and expanded the Richmond and Hampton Roads VOC and
NOX Emission Control Areas. On December 23, 2005 (70 FR
76165) EPA redesignated the 8-hour Fredericksburg nonattainment area to
attainment for the 8-hour NAAQS. This revision consists of regulation
amendments that extend the applicability of four consumer and
commercial product regulations into the new Fredericksburg VOC
Emissions Control Area. These amendments are necessary to implement VOC
contingency measures of the maintenance plan for the Fredericksburg VOC
Emissions Control Area.

II. Summary of the SIP Revision

    The May 14, 2007 SIP revision contains amendments to 9 VAC 5-20-21,
which incorporate by reference, two additional test methods and
procedures needed for 9 VAC 5 Chapter 40, Article 49, Architectural and
Industrial Maintenance Coatings. These are the American Society for
Testing and Materials (ASTM) D3912-95, ``Standard Test Method for
Chemical Resistance of Coatings Used in Light-Water Nuclear Power
Plants;'' and the American Society for Testing and Materials (ASTM) D
4082-02, ``Standard Test Method for Effects of Gamma Radiation on
Coatings for Use in Light-Water Nuclear Power Plants.''
    The May 14, 2007 revision also contains regulation amendments to 9
VAC 5 Chapter 40 that extend the applicability of four consumer and
commercial product regulations into the new Fredericksburg VOC
Emissions Control Area established in 9 VAC 5-20-206 (March 2, 2007, 72
FR 9441). These regulations presently apply only in the Northern
Virginia VOC Emissions Control Area and were based on the Ozone
Transport Commission (OTC) model rules. The OTC developed control
measures into model rules for a number of source categories and
estimated emission reduction benefits from implementing those model
rules. These amendments to Chapter 40 are discussed below.

(1) Emission Standards for Portable Fuel Container Spillage, Article 42

    Virginia's Portable Fuel Container Spillage regulation is being
amended to apply within the new Fredericksburg VOC Emissions Control
Area. At the present time this regulation applies only to sources
located in the Northern Virginia VOC Emissions Control Area (June 8,
2004, 69 FR 31893). The provisions of this regulation apply to any
source or person who sells, supplies, offers for sale, or manufactures
for sale portable fuel containers or spouts in the Northern Virginia
and Fredericksburg VOC Emissions Control Areas designated in 9 VAC 5-
20-206. The regulation does not apply to any portable fuel container or
spout manufactured for shipment, sale and use outside of the Northern
Virginia and Fredericksburg VOC Emission Control Areas. The regulation
requires each portable fuel container or spout sold in the Northern
Virginia and Fredericksburg VOC Emission Control Areas to meet the
following requirements: (1) Have an automatic shut-off and closure
device; (2) contain one opening for both filling and pouring; (3) meet
minimal fuel flow rate based on nominal capacity; (4) meet a permeation
standard; and (5) have a manufacturer's warranty against defects. The
regulation includes exemptions, standards, testing procedures,
recordkeeping, and administrative requirements. Compliance with the
provisions of this regulation is required no later than January 1, 2008
in the Fredericksburg VOC Emissions Control Area.

(2) Emission Standards for Mobile Equipment Repair and Refinishing,
Article 48

    Virginia's Mobile Equipment Repair and Refinishing regulation is
being amended to apply within the new Fredericksburg VOC Emissions
Control Area. At the present time, this regulation applies only to
sources located in the Northern Virginia VOC Emissions Control Area
(June 24, 2004, 69 FR 35253). The provisions of this regulation apply
to each mobile equipment repair and refinishing operation located in
the Northern Virginia and Fredericksburg VOC Emissions Control Areas
designated in 9 VAC 5-20-206. Certain provisions also apply to each
person providing or selling affected coatings. The provisions of this
regulation do not apply if the mobile equipment repair and refinishing
operation is subject to Article 28 (9 VAC 5-40-3860 et seq.) of Chapter
40, Emission Standards for Automobile and Light Duty Truck Application
Systems, or Article 34 (9 VAC 5-40-4760 et seq.) of Chapter 40,
Emission Standards for Miscellaneous Metal Parts and Products Coating
Application Systems. The provisions of this regulation also do not
apply to persons applying the coatings who do not receive compensation
for the application of the coatings, and to mobile equipment repair and
refinishing operations that use coatings required to meet military
specifications (MILSPEC) where no other existing coating can be used
that meets the provisions of this regulation. Also included in the
regulation are definitions, standards for VOCs, compliance, test
methods and procedures, monitoring, and reporting and recordkeeping
requirements. Compliance with the provisions of this regulation is
required no later than January 1, 2008 in the Fredericksburg VOC
Emissions Control Area.

(3) Emission Standards for Architectural and Industrial Maintenance
Coatings, Article 49

    Virginia's Architectural and Industrial Maintenance (AIM) Coatings
regulation is being amended to apply within the new Fredericksburg VOC
Emissions Control Area. At the present time, this regulation applies
only to sources located in the Northern Virginia VOC Emissions Control
Area (May 12, 2005, 70 FR 24970). This regulation applies to any person
who supplies, sells, offers for sale, or manufacturers any
architectural coating for use, as well as any person who applies or
solicits the application of any architectural coating, located in the
Northern Virginia and Fredericksburg VOC Emissions Control Areas
designated in 9 VAC 5-20-206. The provisions of this regulation do not
apply to the following: (1) Any architectural coating that is sold or
manufactured for use exclusively outside of the Northern Virginia and
Fredericksburg VOC Emission Control Areas, or for shipment to other
manufacturers for reformulation or repackaging; (2) any aerosol coating
product; or (3) any architectural coating that is sold in a container
with a volume of one liter (1.057 quart) or less. The regulation is
also being amended to add standards and definitions for six new coating
categories: calcimine recoaters, conversion varnishes, concrete surface
retarder, impacted immersion coatings; nuclear coatings; and
thermoplastic rubber coating and mastic. These new coatings are listed
in the Federal AIM regulation (63 FR 48848, September 11, 1998).
Virginia's regulation sets specific VOC content limits in grams per
liter for architectural and industrial maintenance coatings, and
contains administrative requirements for labeling and reporting. There
are a number of test methods that would be used to demonstrate
compliance with this rule. Some of these test methods include those
promulgated by EPA and published by the South Coast and Bay

Area Air Quality Management Districts of California, as well as the
American Society for Testing and Materials. The test methods used to
test coatings must be the most current approved method at the time
testing is performed. Compliance with the provisions of this regulation
is required no later than January 1, 2008 in the Fredericksburg VOC
Emissions Control Area.

(4) Emission Standards for Consumer Products, Article 50

    Virginia's Consumer Products Regulation is being amended to apply
within the new Fredericksburg VOC Emissions Control Area. At the
present time, this regulation applies only to sources located in the
Northern Virginia VOC Emissions Control Area (January 30, 2007, 72 FR
4207). The rule applies to a person who sells, supplies, offers for
sale, or manufactures consumer products that contain VOCs as defined in
9 VAC 5-10-20 throughout the Northern Virginia and Fredericksburg VOC
Emissions Control Areas designated in 9 VAC 5-20-206. This regulation
limits VOC emissions from consumer products such as adhesives, adhesive
removers, aerosol products, air fresheners, antiperspirants and
deodorants, facial toners and astringents, waxes and polishes (for cars
and floors, etc.), tile cleaners, tar removers, bug sprays, rug
cleaners, charcoal lighter fluid, disinfectants, cosmetics, and soaps.
This regulation does not apply to any consumer product manufactured in
the Northern Virginia and Fredericksburg VOC Emissions Control Areas
designated in 9 VAC 5-40-7240 for shipment and use outside of these
areas. The provisions also do not apply to a manufacturer or
distributor who sells, supplies, or offers for sale a consumer product
that does not comply with the VOC standards specified in 9 VAC 5-40-
7270 A, as long as the manufacturer or distributor can demonstrate that
both the consumer product is intended for shipment and use outside of
the Northern Virginia and Fredericksburg VOC Emission Control Areas,
and that the manufacturer or distributor has taken reasonable prudent
precautions to assure that the consumer product is not distributed to
those applicable VOC control areas. The regulation sets specific VOC
content limits in percent VOCs by weight for consumer products.
Exemptions from the VOC content limits are listed in the rule. Also
included in the regulation are definitions, innovative products,
standards and exemptions, requirements for waiver requests,
administrative requirements for labeling and reporting, test methods
for demonstrating compliance, compliance schedules, alternative control
plans, monitoring, and reporting and recordkeeping requirements.
Compliance with the provisions of this regulation is required no later
than January 1, 2008 in the Fredericksburg VOC Emissions Control Area.
Article 49 is also being amended to revise the definition of
``Automotive windshield washer fluid,'' to allow the higher VOC
automotive windshield washer fluid standards to also be applied to some
manual automotive windshield washing systems so that they may be used
in winter.

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. * * *'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

IV. Proposed Action

    EPA is proposing to approve the Virginia SIP revision submitted on
May 14, 2007 for regulation amendments to 9 VAC 5 Chapter 20 that
incorporate by reference test methods and procedures needed for 9 VAC 5
Chapter 40, Article 49, Emission Standards for Architectural and
Industrial Maintenance Coatings, and regulation amendments to Chapter
40 that extend the applicability of four consumer and commercial
product regulations into the new Fredericksburg VOC Emissions

Control Area. These amendments are necessary to implement VOC
contingency measures within the Fredericksburg VOC Emissions Control
Area. EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
    This proposed rule, extending the applicability of four consumer
and commercial product regulations into the new Fredericksburg VOC
Emissions Control Area, does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.

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

    Dated: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E7-17977 Filed 9-11-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31843-31844]
[FR Doc No: 2020-11411]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission Fixed Income Market Structure
Advisory Committee will hold a public meeting on June 1, 2020, at 9:30
a.m. (ET).

PLACE:  The meeting will be conducted by remote means. Members of the
public may watch the webcast of the meeting

on the Commission's website at www.sec.gov.

STATUS:  The meeting will begin at 9:30 a.m. and will be open to the
public via webcast. The Sunshine Act notice is being issued because a
majority of the Commission may attend the meeting.

MATTERS TO BE CONSIDERED:  On May 8, 2020, the Commission issued notice
of the Committee meeting (Release No. 34-88842), indicating that the
meeting is open to the public and inviting the public to submit written
comments to the Committee.
    The agenda for the meeting will include panel discussions and
potential recommendations from the subcommittees, including potential
recommendations concerning internal fund crosses and credit ratings, as
well as a panel discussing the role of bond pricing services.

CONTACT PERSON FOR MORE INFORMATION:  For further information, please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: May 21, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-11411 Filed 5-22-20; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81663-81664]
[FR Doc No: 2010-32597]

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DEPARTMENT OF LABOR

Office of the Secretary

Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Concrete and Masonry Construction Standard

ACTION: Notice.

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

SUMMARY: The Department of Labor (DOL) hereby announces the submission
of the Occupational Safety and Health Administration (OSHA) sponsored
information collection request (ICR) titled, ``Concrete and Masonry
Construction Standard'' to the Office of Management and Budget (OMB)
for review and approval for continued use in accordance with the
Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

DATES: Submit comments on or before January 27, 2011.

ADDRESSES: A copy of this ICR, with applicable supporting
documentation; including a description of the likely respondents,
proposed frequency of response, and estimated total burden may be
obtained from the RegInfo.gov Web site, http://www.reginfo.gov/public/do/PRAMain or by contacting Michel Smyth by telephone at<PHONE_NUMBER>
(this is not a toll-free number) or sending an e-mail to<EMAIL_ADDRESS>    Submit comments about this request to the Office of Information and
Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor,
Occupational Safety and Health Administration (OSHA), Office of
Management and Budget, Room 10235, Washington, DC 20503, Telephone:
202-395-6929/Fax:<PHONE_NUMBER> (these are not toll-free numbers), e-
mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Contact Michel Smyth by telephone at
202-693-4129 (this is not a toll-free number) or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Construction firms engaged in the erection
of concrete formwork are required to post warning signs/barriers in
accordance with 29 CFR 1926.701(c)(2) to reduce exposure of non-
essential employees to the hazards of post-tensioning operations.
Paragraphs 29 CFR 1926.702(a)(2), (j)(1), and (j)(2) are general
lockout/tagout measures to protect workers from injury associated with
equipment and machinery. Paragraph 29 CFR 1926.703(a)(2) requires
employers make available drawings or plans for jack

layout, formwork, working decks and scaffolds. Paragraph 1926.705(b)
requires employers to mark the rated capacity of jacks and lifting
units.
    This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless it is currently approved by the OMB under the PRA
and displays a currently valid OMB Control Number. In addition,
notwithstanding any other provisions of law, no person shall generally
be subject to penalty for failing to comply with a collection of
information if the collection of information does not display a
currently valid OMB control number. See 5 CFR 1320.5(a) and 1320.6. The
DOL obtains OMB approval for this information collection under OMB
Control Number 1218-0095. The current OMB approval is scheduled to
expire on December 31, 2010; however, it should be noted that
information collections submitted to the OMB receive a month-to-month
extension while they undergo review. For additional information, see
the related notice published in the Federal Register on September 30,
2010 (75 FR 60480).
    Interested parties are encouraged to send comments to the OMB,
Office of Information and Regulatory Affairs at the address shown in
the ADDRESSES section within 30 days of publication of this notice in
the Federal Register. In order to ensure the appropriate consideration,
comments should reference OMB Control Number 1218-0095. The OMB is
particularly interested in comments that:
     Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
     Enhance the quality, utility, and clarity of the
information to be collected; and
     Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
    Agency: Occupational Safety and Health Administration (OSHA).
    Title of Collection: Concrete and Masonry Standard.
    OMB Control Number: 1218-0095.
    Affected Public: Private sector: Businesses or other for-profits.
    Total Estimated Number of Respondents: 145,040.
    Total Estimated Number of Responses: 145,040.
    Total Estimated Annual Burden Hours: 11,603.
    Total Estimated Annual Costs Burden: $0.

    Dated: December 21, 2010.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2010-32597 Filed 12-27-10; 8:45 am]
BILLING CODE 4510-26-P