[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Rules and Regulations]
[Pages 29455-29458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13446]



[[Page 29455]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0385; FRL-9979-80--Region 4]


Air Plan Approval; SC: Multiple Revisions to Air Pollution 
Control Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve changes to the South Carolina State Implementation 
Plan (SIP) to revise miscellaneous rules covering air pollution control 
standards. EPA is approving portions of SIP revisions submitted by the 
State of South Carolina, through the South Carolina Department of 
Health and Environmental Control (SC DHEC), on the following dates: 
October 1, 2007, July 18, 2011, June 17, 2013, August 8, 2014, July 27, 
2016, and November 4, 2016. These actions are being taken pursuant to 
the Clean Air Act (CAA or Act).

DATES: This rule will be effective July 25, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0385. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. 
The telephone number is (404) 562-8726. Mr. Wong can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2007, July 18, 2011, June 17, 2013, August 8, 2014, 
July 27, 2016, and November 4, 2016, SC DHEC submitted SIP revisions to 
EPA for approval that involve changes to South Carolina's SIP 
regulations to make administrative and clarifying amendments, revise 
regulations, and correct typographical errors. These SIP submittals 
make changes to several air quality rules in the South Carolina Code of 
Regulations Annotated (S.C. Code Ann. Regs.). The changes EPA is 
approving into the SIP in this action modify portions of Regulation 61-
62.5, Standard No. 1--Emissions From Fuel Burning Operations and 
Regulation 61-62.5, Standard No. 4--Emissions From Process Industries. 
EPA is not acting on other changes that are included in these 
submittals. EPA will act on those changes in separate actions.

II. Analysis of South Carolina's Submittals

A. Regulation 61-62.5, Standard No. 1--Emissions From Fuel Burning 
Operations

    South Carolina is amending multiple sections at Regulation 61-62.5, 
Standard No. 1--Emissions from Fuel Burning Operations. The August 8, 
2014, submittal makes the following changes: (1) Clarifies sulfur 
dioxide (SO2) maximum allowable discharge limits at Section 
III--Sulfur Dioxide Emissions; and (2) makes administrative and 
clarifying edits throughout Standard No. 1. The revision in Section 
III--Sulfur Dioxide Emissions streamlines the requirement by setting a 
maximum SO2 limit of 2.3 pounds per million British thermal 
units (lb/MMBtu) from fuel burning operations. The current approved 
Standard sets two SO2 limits, 2.3 lb/MMBtu or 3.5 lb/MMBtu 
across various classification categories. Therefore, this revision 
would streamline the rule to the lower of the two limits allowed for 
such sources. Lastly, this submittal makes administrative and 
clarifying edits in Section I--Visible Emissions,\1\ Section II--
Particulate Matter Emissions, Section III--Sulfur Dioxide Emissions, 
Section IV--Opacity Monitoring Requirements,\2\ and Section VI--
Periodic Testing.
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    \1\ EPA is taking final action to approve the revisions in 
Section I, with a state effective date of June 27, 2014. EPA has two 
revisions pertaining to subparagraph C ``Special Provisions'' 
submitted by the State on July 18, 2011, and August 12, 2015, with 
state effective dates of May 27, 2011 and June 26, 2015, 
respectively, and will address these changes in a separate action.
    \2\ EPA is taking final action to approve the revisions in 
Section IV, with the exception of subparagraph B ``Continuous 
Opacity Monitor Reporting Requirements,'' submitted by the State on 
August 8, 2014 with a state effective date of June 27, 2014. EPA 
will address revisions in subparagraph B, also in an August 12, 
2015, submittal, in a separate action.
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    The November 4, 2016, submittal makes typographical corrections 
under Section IV--Opacity Reporting Requirements.\3\ EPA has reviewed 
the aforementioned changes to South Carolina's Regulation 61-62.5, 
Standard No. 1 and is approving the changes into the SIP pursuant to 
CAA section 110.
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    \3\ The November 4, 2016, submittal with a state effective date 
of September 23, 2016, would supersede the 2014 revision with the 
exception of subparagraph B as mentioned in footnote #2.
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B. Regulation 61-62.5, Standard No. 4--Emissions From Process 
Industries

    South Carolina is amending multiple sections at Regulation 61-62.5, 
Standard No. 4--Emissions from Process Industries. The October 1, 2007, 
submittal removes Section IV--Portland Cement Manufacturing from the 
SIP. This rule contains particulate matter (PM) emission limits for 
cement kilns with a production rate of up to 120 tons per hour and it 
establishes a 20 percent allowable stack opacity limit for certain 
components of Portland cement plants. SC DHEC states that there are no 
Portland cement plants operating at 120 tons per hour or less in the 
State because it is not economically feasible. SC DHEC asserts that 
removing this rule would not create a relaxation as there are no 
applicable sources subject to this regulation. Additionally, should 
such a source start operation, it would be subject to more stringent PM 
emissions limits in New Source Performance Standards (NSPS) subpart F 
(Standards of Performance for Portland Cement Plants).
    The July 18, 2011, submittal amends Section V--Cotton Gins by 
removing established specific emission limits based on production rate 
(output) of bales of cotton per hour and replacing that with specific, 
measurable performance requirements and operating standards.\4\ SC DHEC 
considered CAA section 110(l) in

[[Page 29456]]

making this change. SC DEHC explains that the rule development is based 
on best management practices outlined in the United States Department 
of Agriculture's Cotton Ginners Handbook, staff experience with 
effective emission reduction techniques, the review of other state 
regulations on cotton gins, and several discussions with the affected 
industry. The new rule assures a greater degree of control of these 
emissions than that which would result from the existing process weight 
rate curve and also allows the State to more effectively determine 
compliance. The revised rule requires enforceable control of emissions 
from specific point sources in the ginning process rather than an 
allowable emission rate, and it establishes requirements to minimize 
fugitive emissions from various sources at cotton ginning facilities. 
The revised rule also sets applicable requirements for good 
housekeeping practices in the gin yard, weekly monitoring of control 
efficiency, recordkeeping, and reporting. The revised regulation will 
provide for improved emissions control through practicably enforceable 
control of emissions, use of state of the art pollution control 
devices, and minimization of fugitive emissions. The June 17, 2013, 
submittal makes a subsequent typographical correction to Section V.
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    \4\ SC DHEC's July 18, 2011 submittal makes a change to Section 
XII, subparagraph B regarding Total Reduced Solids (TRS). The August 
8, 2014, submittal would supersede the 2011 revision.
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    The August 8, 2014, submittal makes the following changes: (1) 
Removes a PM emissions limit at Section III--Kraft Pulp and Paper 
Manufacturing; (2) revises the frequency required for reporting excess 
emissions at Section XI--Total Reduced Sulfur Emissions of Kraft Pulp 
Mills; (3) removes the periodic testing requirement for TRS at Section 
XII--Periodic Testing; and (4) makes administrative and clarifying 
edits throughout Standard No. 4. At Section III, the submittal removes 
the table column ``Maximum Allowable Emissions of PM in pounds/
equivalent Ton of Air Dried, Unbleached Pulp Produced'' and retains the 
``Maximum Allowable Stack Opacity.'' SC DEHC asserts that this will not 
result in a relaxation of emission limits because the subject sources 
are covered under more stringent PM limits under the NESHAP (subpart 
S--National Emission Standards for Hazardous Air Pollutants from the 
Pulp and Paper Industry). Additionally, the word ``opacity'' replaces 
``rate of emissions.''
    At Section XI, the August 8, 2014, submittal changes the required 
excess emissions reporting frequency in subparagraph D.3. from 
quarterly to semi-annual. SC DHEC considered CAA sections 110(l) and 
193 in making the change and asserts changing reporting from quarterly 
to semi-annual will not affect the level of emissions or compromise the 
national ambient air quality standards. SC DHEC cites to several 
Federal and state regulations that address excess emissions reporting, 
including NSPS subpart BB Standards of Performance for Kraft Pulp 
Mills; South Carolina Regulation 61-62.5, Standard No. 4 Section 
XI(D)(3) Total Reduced Sulfur Emissions of Kraft Pulp Mills; South 
Carolina Regulations 61-62.1, Section II(J)(2) Permit Requirements; and 
South Carolina Regulation 61-62.70 Title V Operating Permit Program.
    At Section XII, the August 8, 2014, submittal removes the periodic 
testing requirement for TRS. SC DHEC states that most sources are 
required to test under NSPS or NESHAP rules. The few sources that are 
not required to test have enough historical test data to develop an 
allowable operating range which can be handled during the permitting 
process. Additionally, the S.C. Pollution Control Act (48-1-50, Powers 
of the Department) makes provision for SC DHEC to ask for a source test 
and permits are often drafted with language allowing SC DEHC to ask for 
source tests. Therefore, the requirements will be no less stringent 
than what is allowed through current regulatory and permitting 
authority to review testing requirements.
    Lastly, the August 8, 2014, submittal makes minor typographical, 
renumbering, and clarifying edits to Standard No. 4 in Section II--
Sulfuric Acid Manufacturing, Section V--Cotton Gins, Section XI--Total 
Reduced Sulfur Emissions of Kraft Pulp Mills, and Section XII--Periodic 
Testing.
    The July 27, 2016, submittal changes Section VIII--Other 
Manufacturing by excluding Kraft Pulp and Paper Manufacturing 
facilities. This Section sets PM emission limits for source categories 
not specified elsewhere in Standard No. 4. The change to exclude Kraft 
Pulp and Paper Manufacturing facilities aligns with the August 8, 2014, 
revision, as previously discussed in this notice. The submittal also 
makes minor typographical, renumbering, and clarifying edits to Section 
XII--Periodic Testing.
    EPA has reviewed the aforementioned changes to South Carolina's 
Regulation 61-62.5, Standard No. 4 and is approving the revisions into 
the SIP pursuant to CAA section 110, and where applicable CAA section 
193.

III. Response to Comments

    EPA previously proposed to approve these changes, and others, to 
the South Carolina SIP on August 16, 2017 (82 FR 38874) along with a 
direct final rule published the same date (82 FR 38828). The proposed 
rule stated that if EPA received adverse comment on the direct final 
rule, the direct final rule would be withdrawn and all public comments 
received would be addressed in a subsequent final rule based on the 
proposed rule. EPA received one adverse comment from a Commenter 
regarding the portion of the SIP submittals that EPA is addressing in 
this action, specifically regarding revision of Regulation 61-62.5, 
Standard No. 4--Emissions from Process Industries, Section IV--Portland 
Cement Manufacturing. EPA accordingly withdrew those portions of the 
direct final rule on October 13, 2017 (82 FR 47640).\5\ EPA has 
considered the adverse comment received and is now approving the change 
to Regulation 61-62.5, Section IV.
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    \5\ The Commenter also made a comment on Regulation 61-62.5, 
Standard No. 1--Emissions From Fuel Burning Operations, subparagraph 
C of Section I--Visible Emissions. EPA will address that in a 
separate action.
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    Comment: The Commenter states EPA needs to ensure that no 
mothballed facilities would be able to restart under the new standard. 
The Commenter also states that mothballed facilities may still maintain 
operating permits and may restart under these permits without becoming 
new sources and subject to NSPS requirements.
    Response: EPA notes that operating permits are not issued in 
perpetuity. A source must renew the permit to continue operations and 
is required to operate within the emissions limitations established in 
the permit. If operations resume at a source that has ceased operations 
for more than two \6\ years, that source is subject to new source 
requirements, regardless of whether that source had previously 
indicated that it would cease operations permanently. Additionally, SC 
DHEC provided a letter on February 22, 2018,\7\ stating there are no 
mothballed sources below the 120 tons per hour level anywhere in the 
State.
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    \6\ U.S. EPA Applicability Determination Index for NSPS on 
August 29, 1990, for Florida Portland Cement. Document is available 
in the Docket.
    \7\ Letter is located in the Federal Docket.
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IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of South 
Carolina Regulation 61-62.5, Standard No. 1 Section I--Visible 
Emissions, Section II--Particulate Matter Emissions,

[[Page 29457]]

Section III--Sulfur Dioxide Emissions, Section VI--Periodic Testing, 
state effective June 27, 2014, and Section IV--Opacity Monitoring 
Requirements state effective September 23, 2016, which makes 
administrative and clarifying changes for consistency, removes log 
reporting requirements, revises monitoring requirements, and Regulation 
61-62.5, Standard No. 4 Section II--Sulfuric Acid Manufacturing, 
Section III--Kraft Pulp and Paper Manufacturing, Section V--Cotton 
Gins, Section XI--Total Reduced Sulfur Emissions of Kraft Pulp Mills 
state effective June 27, 2014, and Section VIII--Other Manufacturing, 
Section XII--Periodic Testing state effective June 24, 2016, which 
makes administrative and clarifying changes for consistency, removes 
specific emission rates, and reporting requirements. EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated in the 
next update to the SIP compilation.\8\
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    \8\ 62 FR 27968 (May 22, 1997).
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V. Final Action

    This is a final action based on the proposed rule (82 FR 38874). 
For the reasons discussed above, EPA is approving the aforementioned 
changes to the South Carolina SIP, submitted on October 1, 2007, July 
18, 2011, June 17, 2013, August 8, 2014, July 27, 2016, and November 4, 
2016, because they are consistent with the CAA and federal regulations.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. These actions merely 
approve state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this final action for the State of South Carolina does 
not have Tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), because it does not have substantial 
direct effects on an Indian Tribe. The Catawba Indian Nation 
Reservation is located within the State of South Carolina. Pursuant to 
the Catawba Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, 
``all state and local environmental laws and regulations apply to the 
[Catawba Indian Nation] and Reservation and are fully enforceable by 
all relevant state and local agencies and authorities.'' EPA notes this 
action will not impose substantial direct costs on Tribal governments 
or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 24, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: June 12, 2018.
Onis ``Trey'' Glenn III,
Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart PP--South Carolina

0
2. Section 52.2120, paragraph (c) is amended by:
0
a. Revising the entries under Regulation No. 62.5, Standard No. 1, for 
``Section I,'' ``Section II,'' ``Section III,'' ``Section IV,'' and 
``Section VI;''

[[Page 29458]]

0
b. Revising the entries under Regulation No. 62.5, Standard No. 4, for 
``Section II,'' ``Section III,'' ``Section V,'' ``Section VIII,'' 
``Section XI,'' and ``Section XII''; and
0
c. Removing the entry under Regulation No. 62.5, Standard No. 4, for 
``Section IV''
    The revisions read as follows:


Sec.  52.2120  Identification of plan.

* * * * *
    (c) * * *

                              Air Pollution Control Regulations for South Carolina
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                                                            State
         State citation              Title/subject     effective date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Regulation No. 62.5............  Air Pollution
                                  Control Standards.
Standard No. 1.................  Emissions from Fuel
                                  Burning Operations.
Section I......................  Visible Emissions...       6/27/2014  6/25/2018, [Insert    Except for
                                                                        citation of           subparagraph C
                                                                        publication].         ``Special
                                                                                              Provisions,''
                                                                                              including those
                                                                                              versions submitted
                                                                                              by the State on
                                                                                              July 18, 2011 and
                                                                                              August 12, 2015.
                                                                                              Therefore,
                                                                                              subparagraph C
                                                                                              retains the
                                                                                              version that was
                                                                                              state effective
                                                                                              October 26, 2001.
Section II.....................  Particulate Matter         6/27/2014  6/25/2018, [Insert
                                  Emissions.                            citation of
                                                                        publication].
Section III....................  Sulfur Dioxide             6/27/2014  6/25/2018, [Insert
                                  Emissions.                            citation of
                                                                        publication].
Section IV.....................  Opacity Monitoring         9/23/2016  6/25/2018, [Insert    Except subparagraph
                                  Requirements.                         citation of           B ``Continuous
                                                                        publication].         Opacity Monitor
                                                                                              Reporting
                                                                                              Requirements,''
                                                                                              including those
                                                                                              versions submitted
                                                                                              by the State on
                                                                                              August 8, 2014 and
                                                                                              August 12, 2015.
                                                                                              Therefore,
                                                                                              subparagraph B
                                                                                              retains the
                                                                                              version that was
                                                                                              state effective
                                                                                              September 28,
                                                                                              2012.
 
                                                  * * * * * * *
Section VI.....................  Periodic Testing....       6/27/2014  6/25/2018, [Insert
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
Standard No. 4.................  Emissions From
                                  Process Industries.
 
                                                  * * * * * * *
Section II.....................  Sulfuric Acid              6/27/2014  6/25/2018, [Insert
                                  Manufacturing.                        citation of
                                                                        publication].
Section III....................  Kraft Pulp and Paper       6/27/2014  6/25/2018, [Insert
                                  Manufacturing                         citation of
                                  Plants.                               publication].
Section V......................  Cotton Gins.........       6/27/2014  6/25/2018, [Insert
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
Section VIII...................  Other Manufacturing.       6/24/2016  6/25/2018, [Insert
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
Section XI.....................  Total Reduced Sulfur       6/27/2014  6/25/2018, [Insert
                                  Emissions of Kraft                    citation of
                                  Pulp Mills.                           publication].
Section XII....................  Periodic Testing....       6/24/2016  6/25/2018, [Insert
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
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* * * * *
[FR Doc. 2018-13446 Filed 6-22-18; 8:45 am]
 BILLING CODE 6560-50-P