[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Proposed Rules]
[Pages 31939-31944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14736]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2010-0682; FRL-9980-66-OAR]
RIN 2060-AU12
National Emission Standards for Hazardous Air Pollutants and New
Source Performance Standards: Petroleum Refinery Sector Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes amendments to the National Emission
Standards for Hazardous Air Pollutants (NESHAP) Refinery MACT 1, which
was published in the Federal Register on December 1, 2015, and
subsequently amended on July 13, 2016. The December 1, 2015, action was
the result of a risk and technology review in which the Environmental
Protection Agency (EPA) finalized amendments to Refinery MACT 1 and
Refinery MACT 2. The July 13, 2016, action finalized technical
corrections and clarifications, as well as changes to compliance dates
for various emission sources, including the maintenance vent standards
that apply during periods of startup, shutdown, maintenance, or
inspection. In this action, the EPA is proposing to amend the
compliance dates for maintenance vents to January 30, 2019. These
proposed revisions do not affect any other requirements in the December
1, 2015, or July 13, 2016, final actions. This proposed action will
have an insignificant effect on emissions reductions and no effect on
costs.
DATES:
Comments. Comments must be received on or before August 9, 2018.
Public Hearing. If a public hearing is requested by July 16, 2018,
then we will hold a public hearing on July 25, 2018 at the location
described in the ADDRESSES section. The last day to pre-register in
advance to speak at the public hearing will be July 23, 2018.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2010-0682, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. See SUPPLEMENTARY
INFORMATION for detail about how the EPA treats submitted comments.
Regulations.gov is our preferred method of receiving comments. However,
the following
[[Page 31940]]
other submission methods are also accepted:
Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2010-0682 in the subject line of the message.
Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2010-0682.
Mail: To ship or send mail via the United States Postal
Service, use the following address: U.S. Environmental Protection
Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2010-0682, Mail
Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
Hand/Courier Delivery: Use the following Docket Center
address if you are using express mail, commercial delivery, hand
delivery, or courier: EPA Docket Center, EPA WJC West Building, Room
3334, 1301 Constitution Avenue NW, Washington, DC 20004. Delivery
verification signatures will be available only during regular business
hours.
FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Ms. Brenda Shine, Sector Policies and Programs Division
(E143-01), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-3608; fax number: (919) 541-0516;
and email address: [email protected].
SUPPLEMENTARY INFORMATION:
Public Hearing. If a public hearing is requested, it will be held
at the EPA WJC East Building, 1201 Constitution Avenue NW, Washington,
DC 20004. If a public hearing is requested, then we will provide
details about the public hearing on our website at: https://www.epa.gov/stationary-sources-air-pollution/petroleum-refinery-sector-risk-and-technology-review-and-new-source. The EPA does not intend to
publish another document in the Federal Register announcing any updates
on the request for a public hearing. Please contact Ms. Virginia Hunt
at (919) 541-0832 or by email at [email protected] to request a
public hearing, to register to speak at the public hearing, or to
inquire as to whether a public hearing will be held.
The EPA will make every effort to accommodate all speakers who
arrive and register. If a hearing is held at a U.S. government
facility, individuals planning to attend should be prepared to show a
current, valid state- or federal-approved picture identification to the
security staff in order to gain access to the meeting room. An expired
form of identification will not be permitted. Please note that the Real
ID Act, passed by Congress in 2005, established new requirements for
entering federal facilities. If your driver's license is issued by a
noncompliant state, you must present an additional form of
identification to enter a federal facility. Acceptable alternative
forms of identification include: Federal employee badge, passports,
enhanced driver's licenses, and military identification cards.
Additional information on the Real ID Act is available at https://www.dhs.gov/real-id-frequently-asked-questions.
Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2010-0682. All documents in the docket are
listed in Regulations.gov. Although listed, some information is not
publicly available, e.g., Confidential Business Information (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. Publicly
available docket materials are available either electronically in
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334,
EPA WJC West Building, 1301 Constitution Avenue NW, Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1742.
Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0682. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI or
otherwise protected through https://www.regulations.gov or email. This
type of information should be submitted by mail as discussed below.
The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
The https://www.regulations.gov website allows you to submit your
comments anonymously, which means the EPA will not know your identity
or contact information unless you provide it in the body of your
comment. If you send an email comment directly to the EPA without going
through https://www.regulations.gov, your email 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, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any digital storage media you submit. If the EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should not include special characters or any form of
encryption and be free of any defects or viruses. For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/dockets.
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you submit any digital storage media that does not contain
CBI, mark the outside of the digital storage media clearly that it does
not contain CBI. Information not marked as CBI will be included in the
public docket and the EPA's electronic public docket without prior
notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Send or deliver information identified as CBI only to the
following
[[Page 31941]]
address: OAQPS Document Control Officer (C404-02), OAQPS, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, Attention Docket ID No. EPA-HQ-OAR-2010-0682.
Preamble Acronyms and Abbreviations. We use multiple acronyms and
terms in this preamble. While this list may not be exhaustive, to ease
the reading of this preamble and for reference purposes, the EPA
defines the following terms and acronyms here:
AFPM American Fuel and Petrochemical Manufacturers
API American Petroleum Institute
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
EPA Environmental Protection Agency
HAP hazardous air pollutant(s)
LEL lower explosive limit
MACT maximum achievable control technology
NESHAP national emission standards for hazardous air pollutants
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act
Organization of this Document. The information in this preamble is
organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
II. Background
III. What actions are we proposing?
IV. Summary of Cost, Environmental, and Economic Impacts
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations.
I. General Information
A. Does this action apply to me?
Table 1 of this preamble lists the NESHAP and associated regulated
industrial source categories that are the subject of this proposal.
Table 1 is not intended to be exhaustive, but rather provides a guide
for readers regarding the entities that this proposed action is likely
to affect. The proposed standards, once promulgated, will be directly
applicable to the affected sources. Federal, state, local, and tribal
government entities would not be affected by this proposed action. As
defined in the Initial List of Categories of Sources Under Section
112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR 31576,
July 16, 1992), the category titled Petroleum Refineries--Other Sources
Not Distinctly Listed includes any facility engaged in producing
gasoline, napthas, kerosene, jet fuels, distillate fuel oils, residual
fuel oils, lubricants, or other products from crude oil or unfinished
petroleum derivatives. This category includes all refinery emission
sources except for three process vent sources listed in the Petroleum
Refineries--Catalytic Cracking (Fluid and Other) Units, Catalytic
Reforming Units, and Sulfur Plant Units source category. The refinery
process units in the Petroleum Refineries--Other Sources Not Distinctly
Listed source category include, but are not limited to, thermal
cracking, vacuum distillation, crude distillation, hydroheating/
hydrorefining, isomerization, polymerization, lube oil processing, and
hydrogen production.
Table 1--NESHAP and Industrial Source Categories Affected by This
Proposed Action
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Source category NESHAP NAICS code \1\
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Petroleum Refineries........... 40 CFR part 63, subpart 324110
CC.
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\1\ North American Industry Classification System.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this action is available on the internet. Following signature by the
EPA Administrator, the EPA will post a copy of this proposed action at
https://www.epa.gov/stationary-sources-air-pollution/petroleum-refinery-sector-risk-and-technology-review-and-new-source. Following
publication in the Federal Register, the EPA will post the Federal
Register version of the proposal and key technical documents at this
same website.
A redline version of the regulatory language that incorporates the
proposed changes in this action is available in the docket for this
action (Docket ID No. EPA-HQ-OAR-2010-0682).
II. Background
The EPA initially promulgated NESHAP pursuant to the Clean Air Act
(CAA) sections 112(d)(2) and (3) for major sources in the Petroleum
Refineries--Other Sources Not Distinctly Listed source category on
August 18, 1995, in 40 CFR part 63, subpart CC. These standards are
also referred to as maximum achievable control technology (MACT)
standards and this NESHAP for petroleum refineries is commonly referred
to as Refinery MACT 1. The 1995 Refinery MACT 1 rule regulates
miscellaneous process vents, storage vessels, wastewater, equipment
leaks, gasoline loading racks, and marine tank vessel loading. On
October 28, 2009, the EPA promulgated amendments to Refinery MACT 1 to
include MACT standards for heat exchange systems, which were not
originally addressed in Refinery MACT 1. This same rulemaking included
updating cross-references to the General Provisions in 40 CFR part 63.
The EPA completed a residual risk and technology review of Refinery
MACT 1, publishing final amendments on December 1, 2015. The December
1, 2015, final amendments included revisions to the Refinery MACT 1
requirements for process vents designated as ``maintenance vents.''
Maintenance vents are used only during startup, shutdown, maintenance,
or inspection of equipment activities during which the equipment is
emptied, depressurized, degassed, or placed into service. The December
1, 2015, final amendments require that the hydrocarbon content of the
vapor in the equipment served by the maintenance
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vent to be less than or equal to 10 percent of the lower explosive
limit (LEL) prior to venting to the atmosphere. The December 1, 2015,
final rule also provides specific allowances for situations when the
10-percent LEL cannot be demonstrated or is technically infeasible. The
compliance date included in the December 1, 2015, final rule for
maintenance vents located at sources constructed on or before June 30,
2014, was February 1, 2016 (the effective date of the December 1, 2015,
final amendments).
On January 19, 2016, the EPA received a petition for
reconsideration from the American Petroleum Institute (API) and the
American Fuel and Petrochemical Manufacturers (AFPM) formally
requesting that the EPA reconsider the compliance date for maintenance
vents located at sources constructed on or before June 30, 2014, among
other issues.
In response to this petition, on July 13, 2016, the EPA revised the
compliance date for maintenance vents located at sources constructed on
or before June 30, 2014, from February 1, 2016, to August 1, 2017 (81
FR 45232; July 13, 2016).
III. What actions are we proposing?
In this action, the EPA is proposing to revise the compliance date
for maintenance vents located at sources constructed on or before June
30, 2014, from August 1, 2017, to January 30, 2019. This proposed
compliance date would provide petroleum refinery owners or operators
with an additional 18 months to achieve compliance. The EPA is aware
that many refineries have made good faith efforts to achieve
compliance, including applying for and receiving an additional 12-month
compliance extension. This makes their compliance deadline August 1,
2018, under the procedures provided in the General Provisions at 40 CFR
63.6(i). The compliance date included in this proposal (i.e., January
30, 2019) is 3 years from the effective date of the December 1, 2015,
final rule (i.e., February 1, 2016). This proposed compliance date is
consistent with CAA section 112(i)(3)(A), which specifies that the EPA
provide a compliance date no more than 3 years after the effective date
of the standard.
The EPA is proposing to amend the compliance date due to challenges
petroleum refinery owners or operators have experienced in attempting
to comply with the December 1, 2015, final rule requirements
notwithstanding the additional compliance time provided in the July 13,
2016, final rule (i.e., August 1, 2017) and the compliance extension
procedure in 40 CFR 63.6(i) (i.e., August 1, 2018). The new
requirements for maintenance vents promulgated in the December 1, 2015,
rule resulted in the need for completing the ``management of change
process'' for affected sources (81 FR 45232, 45237, July 13, 2016). The
management of change process includes evaluating the change, forming an
internal team to accomplish the change, engineering the change which
could include developing new set points, installing new controls or
alarms, conducting risk assessments, updating associated plans and
procedures, providing training, performing pre-startup safety reviews,
and implementing the change as required by other regulatory programs.
Some refinery owners or operators have also indicated the need to
install additional control equipment to meet the new requirements,
which would require additional engineering design, site preparation,
and installation.
Additionally, the EPA has received various requests from industry
stakeholders for clarification regarding the maintenance vent
provisions.\1\ \2\ \3\ \4\ In consideration of these submissions, the
EPA has proposed technical corrections and clarifications for
maintenance vents in a proposed rule which was published in the Federal
Register on April 10, 2018. The public comment period for this proposed
rule closed on May 25, 2018. The April 10, 2018, proposed rule directly
affects compliance for maintenance vents and, therefore, creates
uncertainty for affected sources, affecting the ability of refinery
owners or operators to fully invest in compliance solutions.
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\1\ Supplemental Request for Administrative Reconsideration of
Targeted Elements of the EPA's Final Rule ``Petroleum Refinery
Sector Risk and Technology Review and New Source Performance
Standards; Final Rule'' Howard Feldman, API, and David Friedman,
AFPM. February 1, 2016. Docket Item No.: EPA-HQ-OAR-2010-0682-0892.
\2\ Letter from Matt Todd, API, and David Friedman, AFPM, to P.
Lassiter, EPA. July 12, 2016. Available in Docket ID: EPA-HQ-OAR-
2010-0682-0914.
\3\ Letter from Matt Todd, API, and David Friedman, AFPM, to P.
Lassiter, EPA. March 28, 2017. Available in Docket ID: EPA-HQ-OAR-
2010-0682-0915.
\4\ Todd, Matt. ``Examples.'' Message to Brenda Shine. September
11, 2017. Email. Available in Docket ID: EPA-HQ-OAR-2010-0682-0927.
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A compliance date of January 30, 2019, will provide sufficient time
for the EPA to take final action on the April 10, 2018, proposal, and
sufficient time for sources to complete the management of change
process and to fully invest in compliance solutions.
IV. Summary of Cost, Environmental, and Economic Impacts
The additional compliance time will have an insignificant effect on
emission reductions and no effect on costs. The amount of time the
maintenance vents are used are relatively infrequent and are usually of
short duration (81 FR 45237, July 13, 2016). In addition, the proposed
compliance date only provides approximately 6 months additional time
beyond the August 1, 2018, compliance date for facilities that received
a compliance extension under the procedure in 40 CFR 63.6(i).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. The OMB has previously approved the information
collection activities contained in the existing regulations at 40 CFR
part 63, subparts CC and UUU under the provisions of the PRA, 44 U.S.C.
3501 et seq., and has assigned the OMB control numbers 2060-0340 and
2060-0554. The proposed amendments are revisions to compliance dates
that do not affect the estimated burden of the existing rule.
Therefore, we have not revised the information collection request for
the existing rule.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities, if the rule relieves regulatory burden, has
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no net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. The action consists of revisions to
compliance dates which do not change the expected economic impact
analysis performed for the existing rule. We have, therefore, concluded
that this action will have no net regulatory burden for all directly
regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, the relationship between the
national government and the states, or the distribution of power and
responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effect on
tribal governments, 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 in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. The proposed amendments revise compliance dates. The
additional compliance time will have an insignificant effect on
emission reductions as many refiners already have measures in place due
to state and other federal requirements to minimize emissions during
these periods. Further, these periods are relatively infrequent and are
usually of short duration. Therefore, the proposed amendments should
not appreciably increase risk for any populations.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
proposed amendments revise compliance dates. The additional compliance
time will have an insignificant effect on emission reductions as many
refiners already have measures in place due to state and other federal
requirements to minimize emissions during these periods. Further, these
periods are relatively infrequent and are usually of short duration.
Additionally, the proposed compliance date only provides approximately
6 months beyond the August 1, 2018, compliance date for facilities
operating under the compliance extension procedure in 40 CFR 63.6(i).
Therefore, the proposed amendments should not appreciably increase risk
for any populations.
List of Subjects in 40 CFR Parts 60 and 63
Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: July 3, 2018.
E. Scott Pruitt,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is proposed to be amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart CC--National Emission Standards for Hazardous Air
Pollutants From Petroleum Refineries
0
2. The appendix to subpart CC is amended by revising items 2(iv), 3(iv)
and 4(v) in table 11 to read as follows:
Appendix to Subpart CC of Part 63--Tables
* * * * *
Table 11--Compliance Dates and Requirements
* * * * *
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Then the owner or And the owner or
If the construction/ reconstruction operator must comply operator must achieve Except as provided in .
date is . . . with . . . compliance . . . . .
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* * * * * * *
(2) * * *............................ (iv) Requirements for On or before January Sec. Sec. 63.640(k),
existing sources in 30, 2019. (l), and (m) and
Sec. 63.643(c). 63.643(d).
* * * * * * *
(3) * * *............................ (iv) Requirements for On or before January Sec. Sec. 63.640(k),
existing sources in 30, 2019. (l), and (m) and
Sec. 63.643(c). 63.643(d).
* * * * * * *
(4) * * *............................ (v) Requirements for On or before January Sec. Sec. 63.640(k),
existing sources in 30, 2019. (l), and (m) and
Sec. 63.643(c). 63.643(d).
[[Page 31944]]
* * * * * * *
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[FR Doc. 2018-14736 Filed 7-9-18; 8:45 am]
BILLING CODE 6560-50-P