[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73854-73922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22044]



[[Page 73853]]

Vol. 85

Thursday,

No. 224

November 19, 2020

Part II





Environmental Protection Agency





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40 CFR Part 63





Reclassification of Major Sources as Area Sources Under Section 112 of 
the Clean Air Act; Final Rule

  Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / 
Rules and Regulations  

[[Page 73854]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2019-0282; FRL-10014-50-OAR]
RIN 2060-AM75


Reclassification of Major Sources as Area Sources Under Section 
112 of the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule finalizes amendments to the General Provisions that 
apply to National Emission Standards for Hazardous Air Pollutants 
(NESHAP). These amendments implement the plain language reading of the 
``major source'' and ``area source'' definitions of section 112 of the 
Clean Air Act (CAA) and provide that a major source can be reclassified 
to area source status at any time upon reducing its potential to emit 
(PTE) hazardous air pollutants (HAP) to below the major source 
thresholds (MST) of 10 tons per year (tpy) of any single HAP and 25 tpy 
of any combination of HAP. This rule also finalizes amendments to 
clarify the compliance dates, notification, and recordkeeping 
requirements that apply to sources choosing to reclassify to area 
source status and to sources that revert back to major source status, 
including a requirement for electronic notification.

DATES: This final rule is effective on January 19, 2021.

ADDRESSES: The Environmental Protection Agency (EPA) has established a 
docket for this action under Docket ID No. EPA-HQ-OAR-2019-0282. All 
documents in the docket are listed on the https://www.regulations.gov/ 
website. Although listed, some information is not publicly available, 
e.g., Confidential Business Information or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available electronically through https://www.regulations.gov/. Out of an abundance of caution for members of the 
public and our staff, the EPA Docket Center and Reading Room was closed 
to the public, with limited exceptions, to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. For further 
information and updates on EPA Docket Center services and the current 
status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this final rule, 
contact Ms. Elineth Torres, Sector Policies and Programs Division 
(D205-02), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-4347; fax number: (919) 541-4991; 
and email address: [email protected]. Questions concerning 
specific reclassifications should be directed to the appropriate 
Regional office.

SUPPLEMENTARY INFORMATION: 
    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:

CAA Clean Air Act
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
D.C. Cir. the United States Court of Appeals for the District of 
Columbia Circuit
EAV equivalent annualized value
EIA economic impact analysis
EPA Environmental Protection Agency
FIP Federal Implementation Plan
HAP hazardous air pollutant(s)
MACT maximum achievable control technology
MM2A Major MACT to Area
MRR monitoring, recordkeeping, and reporting
MST major source thresholds
NESHAP national emission standards for hazardous air pollutants
NMA National Mining Association
NSPS new source performance standards
NSR New Source Review
NTTAA National Technology Transfer and Advancement Act
OIAI Once In, Always In
OMB Office of Management and Budget
PRA Paperwork Reduction Act
PSD prevention of significant deterioration
PTE potential to emit
PV present value
RTO regenerative thermal oxidizers
RFA Regulatory Flexibility Act
RIA Regulatory Impact Analysis
RTR residual risk and technology review
SIP State Implementation Plan
TIP Tribal Implementation Plan
TSM technical support memorandum
tpy tons per year
UMRA Unfunded Mandates Reform Act
VOC volatile organic compound(s)

    Background information. On July 26, 2019, the EPA proposed 
revisions to the General Provisions that apply to the NESHAP to 
implement the plain language reading of the ``major source'' and ``area 
source'' definitions of CAA section 112 and provide that a major source 
can be reclassified to area source status at any time upon limiting its 
potential to emit HAP to below the MST of 10 tpy of any single HAP and 
25 tpy of any combination of HAP (also referred to herein as Major 
Maximum Achievable Control Technology (MACT) to Area or ``MM2A 
proposal'') (see 84 FR 36304). In this rule, we are taking final action 
on some of the amendments as proposed, and we are taking final action 
on other amendments as modified based on the public comments to clarify 
the requirements that apply to sources choosing to reclassify to area 
source status at any time, including reclassification that occurs after 
the first substantive compliance date of applicable major source NESHAP 
requirements and the requirements that apply to sources that reclassify 
from major to area source status and then revert back to their previous 
major source status. Regarding the proposed amendments to the PTE 
definition, we are not finalizing the definition of ``legally and 
practicably enforceable'' PTE limits or the effectiveness criteria for 
those limits in this action. We are, however, promulgating a 
ministerial amendment to the regulatory definition of ``potential to 
emit'' in the interim. We are also finalizing revisions to the General 
Provisions tables and initial notification requirements within most 
NESHAP subparts to account for the regulatory provisions we are 
finalizing in this rule. We summarize some of the more significant 
public comments we received regarding the proposed rule and provide our 
responses to those comments in this preamble. A summary of all other 
public comments on the proposal and the EPA's responses to those 
comments is available in the Response to Comments document available in 
the docket No. EPA-HQ-OAR-2019-0282. A ``track changes'' version of the 
regulatory language that incorporates the changes finalized in this 
rule is also available in the docket.
    Organization of this document. The information in this preamble is 
organized as follows:

I. Executive Summary
    A. Purpose of the Regulatory Action
    B. Summary of the Major Provisions of the Regulatory Action
    C. Impacts of the Final Regulatory Action
II. General Information
    A. Does this rule apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review and Administrative Reconsideration
III. Background
IV. Statutory Authority
V. Summary of Final Amendments
    A. Final Amendments to 40 CFR Part 63, Subpart A: General 
Provisions

[[Page 73855]]

    B. Amendments to Individual NESHAP General Provisions 
Applicability Tables
    C. Amendments to Individual NESHAP
VI. Other Considerations
    A. PTE Determination
    B. Reclassification Process and Permitting
VII. Interim Ministerial Revision of 40 CFR Part 63 PTE Definition
VIII. Summary of Cost, Environmental, and Economic Impacts
    A. Analytical Scenarios
    B. Cost Analysis
    C. Environmental Analysis
    D. Economic Analysis
IX. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulations and Regulatory Review
    B. Executive Order 13771: Reducing Regulation 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
    L. Determination Under CAA Section 307(d)
    M. Congress Review Act (CRA)

I. Executive Summary

A. Purpose of the Regulatory Action

    In this final rule (also referred to herein as ``final MM2A rule'' 
or final rule), the EPA is finalizing amendments to the General 
Provisions of the NESHAP regulations in 40 CFR part 63, subpart A to 
implement the plain language reading of the ``major source'' and ``area 
source'' statutory definitions of section 112 of the CAA and provide 
that a major source can be reclassified to area source status at any 
time upon reducing its emissions and PTE, as defined in 40 CFR 63.2, to 
below the MST of 10 tpy of any single HAP and 25 tpy of any combination 
of HAP. Prior to proposing these amendments, the EPA reviewed the 
statutory provisions that govern when a major source can reclassify to 
area source status, including after being subject to major source 
requirements under section 112 of the CAA (also referred to herein as 
``CAA section 112 requirements'' or ``requirements''). After further 
review of CAA section 112 provisions and public comments received on 
the MM2A proposal, the EPA is finalizing its conclusion that the 
statutory definitions of major source and area source contain no 
language fixing a source's status at any particular point in time and 
contain no language suggesting a cutoff date after which the source's 
status cannot change. Accordingly, the Agency is finalizing its reading 
that a major source may be reclassified as an area source at any time 
upon reducing its HAP emissions and PTE below the applicable CAA 
section 112 MST. Thus, major sources that reclassify to area source 
status at any time, including after the first substantive compliance 
date of an applicable major NESHAP, will no longer be subject to CAA 
section 112 major source NESHAP requirements and will be subject to any 
applicable area source NESHAP requirements. A full discussion of the 
statutory authority for this final MM2A rule can be found in section IV 
of this preamble.

B. Summary of the Major Provisions of the Regulatory Action

    The EPA is finalizing amendments to the General Provisions of the 
NESHAP regulations in 40 CFR part 63, subpart A to clarify the 
requirements that apply to sources choosing to reclassify to area 
source status at any time, including after being subject to major 
source requirements under section 112 of the CAA. The EPA is finalizing 
amendments to the applicability section found in 40 CFR 63.1 by adding 
a new paragraph (c)(6). This paragraph specifies that a major source 
may become an area source at any time upon reducing its emissions of 
and PTE HAP, as defined in this subpart, to below the major source 
thresholds established in 40 CFR 63.2.
    The EPA is finalizing in 40 CFR 63.1(c)(6) that a major source 
reclassifying to area source status remains subject to any applicable 
major source NESHAP requirements until the reclassification becomes 
effective. After the reclassification becomes effective, the source is 
subject to any applicable area source NESHAP requirements in 40 CFR 
part 63. For sources that reclassify from major to area source status 
and then revert back to their previous major source status, the EPA is 
also finalizing in 40 CFR 63.1(c)(6) that the source becomes subject to 
the applicable major source NESHAP requirements of 40 CFR part 63 
immediately upon becoming a major source again. The EPA is finalizing 
in 40 CFR 63.1(c)(6) regulatory text to address the interaction of the 
reclassification of sources with enforcement actions arising from 
violations that occurred before reclassification. Specifically, we are 
finalizing that the reclassification of a source does not affect the 
source's liability or any enforcement investigations or enforcement 
actions for a source's past conduct that occurred prior to the source's 
reclassification.
    To ensure that all sources that reclassify notify the EPA, the EPA 
is finalizing amendments clarifying the existing notification 
requirements in 40 CFR 63.9(b) and (j). With these amendments, the 
notification requirements of 40 CFR 63.9 will cover not only cases 
where a source switches from major to area source status, but also 
cases where an area source reverts to major source status. A source 
that reclassifies in either direction must notify the EPA of any 
changes in the applicability of the standards that the source was 
subject to per the notification requirements of 40 CFR 63.9(j). The EPA 
is also finalizing amendments to the notification requirements in 40 
CFR 63.9(b) and (j) to require in certain circumstances that the 
notification be submitted electronically through the Compliance and 
Emissions Data Reporting Interface (CEDRI). The final rule amends the 
General Provisions to add 40 CFR 63.9(k) to include the CEDRI 
submission procedures. The EPA is finalizing amendments to remove the 
time limit for record retention in 40 CFR 63.10(b)(3) so sources that 
obtain enforceable PTE limits after the effective date of this final 
rule are required to keep the applicability determination records as 
long as they rely on the PTE limits to be area sources. The EPA is also 
finalizing amendments to 40 CFR 63.12(c) to clarify that a source may 
not be exempted from electronic reporting requirements. Further, the 
EPA is finalizing amendments to 40 CFR 63.13 to clarify that when 
required by this part, or at the request of the EPA Regional office, 
submitting a report or notification to CEDRI fulfills the obligation to 
report to the EPA Regional office.
    This final action includes amendments to the General Provisions 
applicability tables contained within most subparts of 40 CFR part 63 
to add a reference to the new provision in 63.1(c)(6) discussed above. 
We are also finalizing revisions to several NESHAP subparts by removing 
the date limitation after which a major source cannot become an area 
source. The provisions amended are: 40 CFR part 63, subpart HH at 
63.760(a)(1); 40 CFR 63, subpart HHH at 63.1270(a); 40 CFR part 63, 
subpart QQQ at 63.1441; 40 CFR part 63, subpart QQQQQ at 63.9485; 40 
CFR

[[Page 73856]]

part 63, subpart RRRRR at 63.9581; and Table 2 of 40 CFR part 63, 
subpart WWWW. The final rule also includes amendments to the initial 
notification requirements of most NESHAP subparts because the date that 
was specified in the regulations has passed.
    The EPA is still considering the proposed effectiveness criteria 
for HAP PTE limits and the proposed changes to the definition of 
``potential to emit'' in 40 CFR 63.2 and is not taking any final action 
on those aspects of the proposed rule at this time. Thus, this final 
rule does not include responses to comments on proposed effectiveness 
criteria for PTE limits or comments related to the proposed changes to 
the PTE definition. The EPA is still reviewing comments received and 
will respond to them in a subsequent action. In the meantime, while we 
continue to consider what final action to take on the proposed 
amendments, the EPA is making an interim ministerial revision to the 
PTE definition to address the court decision in National Mining 
Association (NMA) v. EPA, 59 F.3d 1351, 1363-1365 (D.C. Cir. 1995). 
Specifically, this revision removes the word ``federally'' from the 
phrase ``federally enforceable'' in the PTE definition. This interim 
ministerial revision is also consistent with the EPA's long-standing 
policy \1\ that allows for any physical or operational limitation on 
the capacity of the stationary source to emit a pollutant to be treated 
as part of the source's design if the limitation or the effect it would 
have on emissions is, first, either federally enforceable or legally 
enforceable by a state or local permitting authority and, second, 
practicably enforceable.
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    \1\ See January 25, 1995, memorandum titled ``Options for 
Limiting the Potential to Emit (PTE) of a Stationary Source Under 
Section 112 and Title V of the Clean Air Act (Act)'' and December 
20, 1999, memorandum titled ``Third Extension of January 25, 1995 
Potential to Emit Transition Policy.'' Available at https://www.epa.gov/guidance/guidance-documents-managed-office-air-and-radiation and in the docket of this rule.
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C. Impacts of the Final Regulatory Action

    The final rule does not require any source to reclassify to area 
source status. An evaluation of the potential to reclassify from major 
source to area source status involves many source-specific 
considerations. Each source will assess its own circumstances to 
determine whether it is feasible and advantageous to undergo the 
reclassification process. The unique nature of each source's decision 
process makes it difficult for the EPA to determine the number and type 
of sources that may choose to reclassify under this rule. Because of 
this, the EPA is limited to presenting illustrative analyses concerning 
the impacts of this final rule. The illustrative assessment of impacts 
includes the potential net cost savings and potential emissions changes 
that may result from this final action. The illustrative impacts are 
estimated for the three analytical scenarios established for the rule 
and are estimated in relation to a baseline in which sources remain 
subject to major source NESHAP requirements after the first substantive 
compliance date of such standards. The potential impacts presented in 
the preamble reflect the results of the illustrative analysis of the 
primary scenario, which, for analytical purposes, is defined as 
including those facilities whose actual emissions are below 75 percent 
of the MST (i.e., 7.5 tpy for a single HAP and 18.75 tpy for all HAP). 
This scenario is further described in section VIII of this preamble, in 
the technical support memorandums (TSM),\2\ and the Regulatory Impact 
Analysis (RIA) that is available in the docket for this action. The 
memorandums and RIA also present an analysis of two alternative 
scenarios to provide a range of estimated potential cost impacts.\3\
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    \2\ See ``Documentation of the Data for Analytical Evaluations 
and Summary of Industries Potentially Impacted by the Final Rule 
titled Reclassification of Major Sources as Area Sources Under 
Section 112 of the Clean Air Act,'' and ``Analysis of Illustrative 
125% Scenario for MM2A Final--Potential Cost Impacts from HAP Major 
Sources Reducing Emissions as part of Reclassifying to HAP Area 
Sources.''
    \3\ Alternative scenario 1 analyzes those facilities whose 
actual emissions are below 50 percent of the MST (5 tpy for a single 
HAP and 12.5 tpy for all HAP). Alternative scenario 2 analyzes that 
sources below 125 percent of the MST (12.5 tpy for a single HAP and 
31.25 tpy for all HAP). Discussions of these scenarios and results 
can be found in the RIA for this final action.
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    The EPA estimates that this final action may result in substantial 
annual cost savings of $90.6 million (2017$) based on illustrative 
estimates of its potential reduction in administrative burden if 
sources reclassify to area source status.\4\ The voluntary actions 
taken by sources to reclassify will be carried out over a period of 
time, but once a source reclassifies, the cost savings will accrue for 
as long as the source continues to operate as an area source. While 
cost savings will accrue for the life of the facility, we present a 5-
year outlook of potential cost savings from this action to provide 
insight into the cost distribution over time. Results are also 
presented as the present value (PV) and equivalent annualized value 
(EAV) of the cost savings of the final MM2A rule in 2017 dollars. The 
PV is the one-time value of a stream of impacts over time, discounted 
to the current (or nearly current) day. The EAV is a measure of the 
annual cost that is calculated consistent with the PV. The illustrative 
cost savings of the final MM2A rule in 2017 dollars are presented in 
detail later in section VIII of this preamble and in the RIA.
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    \4\ Annual cost savings reflect impacts in Year 2 of the 
reclassification process for all sources that choose to reclassify 
under the primary scenario. All cost savings are net of any 
additional permitting and recordkeeping costs to state regulatory 
agencies and sources. These annual cost savings are those for 2025 
and subsequent years.
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    Table 1 presents a summary of key results from the RIA for the 
final MM2A rule. This table presents the PV and EAV, estimated in 2017 
dollars using discount rates of 7 and 3 percent and discounted to 2020, 
of the illustrative net cost savings of the final MM2A rule. The EAV 
estimates are consistent with the PV and reflect the illustrative total 
net cost savings of the rule from 2021, the first year after rule 
promulgation, and subsequent years.

                       Table 1--Illustrative Net Cost Savings Incremental to the Baseline
                                [(Including following years) (Billions 2017$) *]
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                                                          7 Percent                         3 Percent
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                                                                  Equivalent                        Equivalent
                                               Present value      annualized     Present value      annualized
                                                                    value                             value
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Potential Net Cost Savings..................           $0.86             0.07            $1.50             0.08
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* The overall analytic timeline begins in 2021 and continues thereafter for an indefinite period. The cost
  savings in 2016 dollars and discounted to 2016, as defined as a present value, are $0.654 billion at 7 percent
  and $1.13 billion at 3 percent. As equivalent annualized values, the cost savings are $52 million at 7 percent
  and $58 million at 3 percent.


[[Page 73857]]

    Impacts in Table 1 reflect the potential impacts of the final MM2A 
rule for the year in which all reclassifications are expected to have 
taken place (2025) and beyond.
    To assess the potential changes in emissions that may result from 
the reclassification of major sources to area sources under this rule, 
we reviewed the permits and other information from 69 sources that have 
reclassified since January 2018, consistent with the EPA's plain 
language reading of the CAA section 112 definitions of ``major'' and 
``area'' source, and also performed an illustrative analysis of 72 
source categories in detail. Because we do not have information on the 
major sources that may choose to reclassify to area source status in 
the future and the enforceable conditions they will take in order to 
reclassify, we are not able to provide an assessment of the emissions 
impacts for actual reclassifications beyond the 69 sources that have 
already reclassified.\5\ Therefore, we conducted a detailed 
illustrative analysis of 72 source categories to provide a broad 
characterization of the potential changes in emissions for all NESHAP 
source categories that could be impacted by this action. The assessment 
of the 69 reclassifications shows that 68 facilities have requirements 
in their operating permits that would continue to implement the 
compliance methods used to comply with the major source NESHAP 
requirements and prevent emissions increases. However, the EPA found 
that one of the 69 reclassified sources will not continue to employ the 
same compliance methods that it used to meet the major source NESHAP 
and thus it may increase its emissions. For the illustrative analysis 
of emissions impacts conducted, we find that 65 source categories in 
the major source NESHAP program will either not be impacted or will not 
increase emissions as a result of the rule. Based on the broad 
assumptions applied in the analysis, we found a potential for emissions 
increases for some facilities in seven source categories. While a 
majority of facilities are not anticipated to change emissions, 
approximately 3.1 percent of the facilities in the MM2A database that 
we were able to analyze could increase emissions if sources: (1) 
Voluntarily opt to reclassify and (2) were allowed to reduce operation 
of adjustable add-on controls. We also found a potential for emissions 
decreases in cases where sources choose to reduce emissions from above 
the MST to below the MST to reclassify. The facilities that we were 
able to assess for emission increases and decreases are located across 
the United States (i.e., in more than 10 states and in every region of 
the United States) and are not clustered in close proximity to each 
other. Further discussion of the impacts of the final rule are 
presented in section VIII of this preamble and presented in detail in 
the technical support memorandums, titled Documentation of the 
Emissions Analysis for the Final Rule ``Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act'' and 
the Analysis of the Illustrative 125% Scenario for MM2A Rule--Potential 
Cost Impacts from HAP Major Sources Reducing Emissions as part of 
Reclassifying to HAP Area Sources, and the RIA for the final rule, all 
of which are available in the docket for this action.
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    \5\ Of the 69 sources, 68 have already reclassified and one was 
undergoing the process of reclassification.
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II. General Information

A. Does this rule apply to me?

    Categories and entities potentially impacted by this rule include 
sources subject to NESHAP requirements under section 112 of the CAA.
    The final amendments are applicable to sources that reclassify from 
major source to area source status under section 112 of the CAA and 
sources that revert from their reclassified area source status to their 
previous major source status.
    Federal, state, local, and tribal governments may be affected by 
this rule if they own or operate sources that choose to request 
reclassification from major source status to area source status or if 
reclassified sources choose to revert to their previous major source 
status at some time in the future. The EPA is the permitting authority 
for issuing, rescinding, and amending permits for sources that request 
reclassification in Indian country, with four exceptions.\6\ State, 
local, or tribal regulatory authorities \7\ may receive requests to 
issue new permits or make changes to existing permits for sources in 
their jurisdiction to address reclassification-related activities 
(e.g., title V, synthetic minor permits, establishing limits on a 
source's PTE).
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    \6\ Two tribes have approved title V programs or delegation of 
40 CFR part 71. The tribes may have sources that request to no 
longer be covered by title V. Neither of these two tribes have 
approved minor source permitting programs but may in the future. In 
the meantime, the tribes will need to coordinate with the EPA, who 
is the permitting authority in Indian country for these requests. In 
addition, two other tribes have approved Tribal Implementation Plans 
(TIPs) authorizing the issuance of minor source permits. Only one of 
these tribes has a major source that would be eligible to request 
reclassification. If that source requests a new permit, the tribe 
may issue the minor source permit, but the EPA would need to be made 
aware of the request, as the EPA is the permitting authority for 
title V.
    \7\ The term regulatory authority is intended to be inclusive of 
the federal, state, tribal, or local air pollution control agency 
with authority to process reclassification requests and issuance of 
enforceable PTE limits.
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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 
the final MM2A rule is available on the internet. Following signature 
by the EPA Administrator, the EPA will post a copy of this final action 
at https://www.epa.gov/stationary-sources-air-pollution/reclassification-major-sources-area-sources-under-section-112-clean. 
Following publication in the Federal Register, the EPA will post the 
Federal Register version and key technical documents at this same 
website.
    A redline version of the regulatory language that incorporates the 
amendments finalized in this rule is available in the docket for this 
action (Docket ID No. EPA-HQ-OAR-2019-0282).

C. Judicial Review and Administrative Reconsideration

    Under CAA section 307(b)(1), judicial review of this final rule is 
available only by filing a petition for review in the United States 
Court of Appeals for the District of Columbia Circuit (DCCir.) by 
January 19, 2021. Under CAA section 307(b)(2), the requirements 
established by this final rule may not be challenged separately in any 
civil or criminal proceedings brought by the EPA to enforce the 
requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an 
objection to a rule or procedure that was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review. This section also 
provides a mechanism for the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within the period for public 
comment or if the grounds for such objection arose after the period for 
public comment (but within the time specified for judicial review) and 
if such objection is of central relevance to the outcome of the rule. 
Any person seeking to make such a demonstration should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South Building,

[[Page 73858]]

1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both 
the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT 
section, and the Associate General Counsel for the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave. NW, Washington, DC 20460.

III. Background

    Shortly after the EPA began implementing individual NESHAP 
resulting from the 1990 CAA Amendments, the Agency received multiple 
requests to clarify when a major source of HAP could avoid CAA section 
112 requirements applicable to major sources by taking enforceable 
limits on its PTE below the major source thresholds. In response, the 
EPA issued, on May 16, 1995, a memorandum from John Seitz, Director of 
the Office of Air Quality Planning and Standards, to the EPA Regional 
Air Division Directors (the May 1995 Seitz Memorandum).\8\ The May 1995 
Seitz Memorandum provided guidance on three timing issues related to 
avoidance of CAA section 112 requirements for major sources:
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    \8\ See ``Potential to Emit for MACT Standards-Guidance on 
Timing Issues.'' From John Seitz, Director, Office of Air Quality 
Planning and Standards, to the EPA Regional Air Division Directors. 
May 16, 1995, https://www.epa.gov/sites/production/files/2018-02/documents/pteguid.pdf. Also available in the docket of this rule.
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     ``By what date must a facility limit its PTE if it wishes 
to avoid major source requirements of a MACT standard?''
     ``Is a facility that is required to comply with a MACT 
standard permanently subject to that standard?''
    ``In the case of facilities with two or more sources in 
different source categories: If such a facility is a major source for 
purposes of one MACT standard, is the facility necessarily a major 
source for purposes of subsequently promulgated MACT standards?''
    In the May 1995 Seitz Memorandum, the EPA stated its interpretation 
of the relevant statutory language that facilities that are major 
sources of HAP may switch to area source status at any time until the 
``first compliance date'' of the standard.\9\ Under this 
interpretation, facilities that are major sources on the first 
substantive compliance date of an applicable major source NESHAP were 
required to comply permanently with that major source standard even if 
the source was subsequently to become an area source by limiting its 
PTE. This position was commonly referred to as the ``Once In, Always 
In'' (OIAI) policy. The May 1995 Seitz Memorandum provided that a 
source that is major for one NESHAP would not be considered major for a 
subsequent NESHAP if the source's potential to emit HAP emissions was 
reduced to below major source levels by complying with the first major 
source NESHAP. In the May 1995 Seitz Memorandum, the EPA set forth 
transitional policy guidance that was intended to remain in effect only 
until the Agency proposed and promulgated amendments to the 40 CFR part 
63 General Provisions.
---------------------------------------------------------------------------

    \9\ The ``first substantive compliance date'' is defined as the 
first date a source must comply with an emissions limitation or 
other substantive regulatory requirement (i.e., leak detection and 
repair programs, work practice measures, etc . . . , but not a 
notice requirement) in the applicable standard.
---------------------------------------------------------------------------

    After issuing the May 1995 Seitz Memorandum, the EPA twice proposed 
regulatory amendments that would have altered the OIAI policy. In 2003, 
the EPA proposed amendments that focused on HAP emissions reductions 
resulting from pollution prevention (P2) activities. Apart from certain 
provisions associated with the EPA's National Environmental Performance 
Track Program--a national voluntary program designed to recognize and 
encourage top environmental performers whose program participants go 
beyond compliance with regulatory requirements to attain levels of 
environmental performance that benefit people, communities, and the 
environment--that proposal was never finalized. See 68 FR 26249 (May 
15, 2003); 69 FR 21737 (April 22, 2004). In 2007, the EPA issued a 
proposed rule to replace the OIAI policy set forth in the May 1995 
Seitz Memorandum. See 72 FR 69 (January 3, 2007). In that proposal, the 
EPA reviewed the provisions in CAA section 112 relevant to the OIAI 
policy interpretation, applicable regulatory language, stakeholder 
concerns, and potential implications. Id. at 71-74. Based on that 
review, the EPA proposed an interpretation of the relevant statutory 
language that a major source that is subject to a major source NESHAP 
would no longer be subject to that major source standard if the source 
were to become an area source through enforceable limitations on its 
PTE HAP emissions. Id. at 72-73. Under the 2007 proposal, major sources 
could take such limits on their PTE and obtain ``area source'' status 
at any time and would not be limited to doing so only before the 
``first substantive compliance date,'' as the OIAI policy provided. Id. 
at 70. The EPA did not take final action on this 2007 proposal.
    In 2017, the EPA received public comments pursuant to Executive 
Order 13777, Enforcing the Regulatory Reform Agenda (February 24, 
2017), and the Presidential Memorandum on Streamlining Permitting and 
Reducing Regulatory Burdens for Domestic Manufacturing (January 24, 
2017) supporting the withdrawal of the OIAI policy.\10\ Per these 
comments, the OIAI policy imposed an artificial time limit on major 
sources obtaining area source status not found in the definitions of 
``major source'' and ``area source'' in CAA sections 112(a)(1) and (2). 
Commenters further stated that the temporal limitation imposed by the 
OIAI policy was inconsistent with the CAA and created an arbitrary date 
by which sources must determine whether their HAP PTE will exceed 
either of the major source thresholds.
---------------------------------------------------------------------------

    \10\ See Executive Order 13777 at 82 FR 12285 (February 24, 
2017) and request for comment at 82 FR 17793 (April 13, 2017), 
Docket ID No. EPA-HQ-OAR-2017-0190. See Presidential Memorandum at 
82 FR 8667 (January 24, 2017) and request for information at 82 FR 
12786 (March 7, 2017), Docket ID No. DOC-2017-0001.
---------------------------------------------------------------------------

    On January 25, 2018, the EPA issued a guidance memorandum from 
William L. Wehrum, Assistant Administrator of the Office of Air and 
Radiation, to the EPA Regional Air Division Directors titled 
``Reclassification of Major Sources as Area Sources Under Section 112 
of the Clean Air Act'' (MM2A Memorandum).\11\ The MM2A Memorandum 
discussed the statutory provisions that govern when a source subject to 
major source NESHAP requirements under section 112 of the CAA may be 
reclassified as an area source and thereby avoid being subject 
thereafter to major source NESHAP requirements and other requirements 
applicable to major sources under CAA section 112. In the MM2A 
Memorandum, the EPA discussed the plain language of CAA section 112(a) 
stating Congress's definitions of ``major source'' and ``area source'' 
and determined that the OIAI policy articulated in the 1995 Seitz 
Memorandum was contrary to the plain language of the CAA and, 
therefore, must be withdrawn. In the MM2A Memorandum, the EPA announced 
the future publication of a proposed rule to receive input from the 
public on adding regulatory text consistent with the plain reading of 
the statute as described in the MM2A Memorandum.
---------------------------------------------------------------------------

    \11\ See notice of issuance of this guidance memorandum at 83 FR 
5543 (February 8, 2018).
---------------------------------------------------------------------------

    On July 26, 2019, the EPA proposed regulatory text to implement the 
plain

[[Page 73859]]

language reading of the statute as discussed in the MM2A Memorandum. 
See 84 FR 36304. The 2019 MM2A proposal superseded and replaced the 
2007 proposal. See 72 FR 69 (January 3, 2007). The EPA solicited 
comment on all aspects of the MM2A proposal, including the EPA's 
position that the withdrawal of the OIAI policy and the proposed 
approach gives proper effect to the statutory definitions of ``major 
source'' and ``area source'' in CAA section 112(a) and is consistent 
with the plain language and structure of the CAA as well as the impacts 
of the proposal on costs, benefits, and emissions impacts. Publication 
of the MM2A proposal in the Federal Register opened comment on the 
proposal for an initial 60-day public comment period. The EPA held a 
public hearing on August 15, 2019, in Washington, DC. In response to 
requests for an extension of the comment period, the EPA reopened the 
public comment period for an additional 30 days through November 1, 
2019. The EPA received more than 16,000 comments on the MM2A proposal. 
After review and consideration of public comments, the EPA is 
finalizing the implementation of the plain language reading of the 
definitions of major source and area source under CAA section 112. Per 
CAA section 307(d)(6)(B), the EPA is providing a response to the to the 
most significant comments received on the MM2A proposal in this 
preamble, and responses to the other comments in the Response to 
Comments document available in the docket.

IV. Statutory Authority

    As discussed in the preamble of the MM2A proposal at 84 FR 36304, 
36309-36313 (July 26, 2019), CAA section 112 distinguishes between 
major and area sources of HAP emissions. Indeed, the very first 
provisions in CAA section 112 are the major source definition in CAA 
section 112(a)(1) and area source definition in CAA section 112(a)(2)) 
that create the major/area distinction. Major sources emit more HAP 
than area sources and, generally, different requirements apply to major 
sources and area sources. For some section 112 source categories, the 
EPA has promulgated requirements for only major sources, and HAP 
emissions from area sources are not regulated under the NESHAP program.
    Whether a source is a ``major source'' or an ``area source'' 
depends on the amount of HAP emitted by the source based on its actual 
and potential emissions. Congress defined ``major source'' to mean a 
source that emits or has the potential to emit at or above either of 
the statutory thresholds of 10 tpy of any one HAP or 25 tpy of total 
HAP. CAA section 112(a)(1). An ``area source'' is defined as any source 
of HAP that is not a major source. CAA section 112(a)(2). If a source 
does not emit or does not have the potential to emit at or above either 
of the major source thresholds, then it is an ``area source.'' The 
statutory definitions of ``major source'' and ``area source'' do not 
contain any language that fixes a source's status as a major source or 
area source at any particular point in time, nor do they otherwise 
contain any language suggesting that there is a cutoff date after which 
a source's status cannot change.
    Congress did, however, create a distinction based on timing in CAA 
section 112 in defining and creating provisions related to ``new 
sources'' and ``existing sources.'' Specifically, Congress defined 
``new source'' to mean a source that is constructed or reconstructed 
after the EPA first proposes regulations covering the source. CAA 
section 112(a)(4). An ``existing source'' is defined as any source 
other than a new source. CAA section 112(a)(10). A source will be 
subject to different requirements depending on whether it is a new 
source or an existing source. See, e.g., CAA section 112(d)(3) 
(identifying different minimum levels of stringency (known as ``MACT 
floors'') for new and existing sources).
    The emissions-based distinction (arising from the definitions of 
major source and area source) and the timing-based distinction (arising 
from the definitions of new source and existing source) are 
independent, and neither is tied to the other. For example, the 
statutory definition of ``major source'' does not provide that major 
source status is determined based on a source's emissions or PTE as of 
the date that the EPA first proposes regulations applicable to that 
source or any other point in time. As noted above, the plain language 
of the ``major source'' and ``area source'' definitions create a 
distinction that is based solely on amount of emissions and PTE, and 
not timing. Similarly, with respect to the timing-based distinction, a 
source is a ``new source'' or an ``existing source'' based entirely on 
the timing of its construction or reconstruction and without 
consideration of its actual emissions or PTE. The contrast between the 
temporal distinction in the contrasting definitions of existing and new 
sources on the one hand, and the absence of any temporal dimension to 
the contrasting definitions of major and area sources on the other, is 
further evidence that Congress did not intend to place a temporal 
limitation on a source's ability to be classified as an area source 
(including a source's ability to be classified as an area source 
through the permitting authority's ``considering controls'' that may 
have been imposed after the source was initially classified as major).
    Notwithstanding the independence of the two distinctions that the 
statute created based on amount of emissions and timing (and without 
addressing that independence or otherwise addressing the plain language 
of the statutory definitions of ``major source'' and ``area source''), 
the EPA issued the May 1995 Seitz Memorandum, which set forth the OIAI 
policy. Under the OIAI policy, a source's status as a major source for 
the purpose of applying a specific major source MACT standard issued 
under the requirements of CAA section 112 was deemed to be unalterably 
fixed on the first substantive compliance date of the specific 
applicable major source requirements. Thus, a source that was a major 
source on that first compliance date would continue to be subject to 
the major source requirements for that specific NESHAP even if the 
source reduced its emissions of and PTE HAP to below the statutory 
thresholds in the definition of ``major source,'' and, thus, fell 
within the definition of ``area source.''
    On January 25, 2018, the EPA issued the MM2A Memorandum. The MM2A 
Memorandum discussed the statutory definitions of ``major source'' and 
``area source'' and explained that the OIAI policy articulated in the 
May 1995 Seitz Memorandum was contrary to the plain language of the 
CAA, and, therefore, must be withdrawn.
    As discussed above, Congress expressly defined the terms ``major 
source'' and ``area source'' in CAA section 112(a) in unambiguous 
language. Nonetheless, under the OIAI policy, a source that reduced its 
emissions of and PTE HAP to below the statutory thresholds for major 
source status after the relevant compliance date would continue to be 
subject to the requirements applicable to major sources. This policy 
was applied notwithstanding that the statutory definitions of ``major 
source'' and ``area source'' lack any reference to the compliance date 
of major source requirements or any other text that indicates a time 
limit for changing between major source status and area source status. 
In short, Congress placed no temporal limitations on the determination 
of whether a source emits or has the potential to emit HAP in 
sufficient quantity to be a major source

[[Page 73860]]

under CAA section 112. Because the OIAI policy imposed such a temporal 
limitation (before the ``first compliance date''), the EPA had no 
authority for the OIAI policy under the plain language of the CAA. 
Under the plain language of the statute, a major source that takes 
enforceable limits on its PTE to bring its HAP emissions below the CAA 
section 112 major source thresholds, no matter when it may choose to do 
so, becomes an area source under Congress's definition in CAA section 
112(a)(2). In this final action, we are implementing the plain language 
of CAA section 112 and making clear that such a source can reclassify 
to area source status at any time, and after reclassification, will no 
longer be subject to the CAA section 112 requirements applicable to the 
source as a major source under CAA section 112--so long as the source's 
actual and PTE HAP emissions remain below the CAA section 112 
thresholds--and will instead be subject to any applicable area source 
requirements.
    A discussion of the statutory definitions of ``new source'' and 
``existing source'' in CAA section 112(a)(4) and (10) further 
demonstrates that the OIAI policy was inconsistent with the language of 
the statute. As discussed above, the major source/area source 
distinction and the new source/existing source distinction are two 
separate and independent features of the statute. Significantly, the 
statutory definitions of ``new source'' and ``existing source'' dictate 
that the new source/existing source distinction is determined by when a 
source commences construction or reconstruction and says nothing about 
the source's volume of emissions. No one can reasonably suggest that 
this silence concerning volume of emissions indicates that Congress 
intended to give the EPA the discretion to conclude that sources should 
be classified as new or existing based, in part, on how much they emit. 
For example, if the EPA were to say that a source is only a new source 
if it both (1) commences construction after regulations are first 
proposed (as stated in CAA section 112(a)(4)), and (2) emits more than 
20 tpy of any single HAP (which is not stated anywhere in the statute), 
that second element would be contrary to the plain language of the 
statute. Similarly, the OIAI policy of considering timing as part of 
the major source/area source distinction is contrary to the plain 
language of the statute, because it interjects timing into the major/
area distinction when Congress provided that such distinction would be 
based only on the source's actual and potential emissions. In short, 
Congress's creation of the timing distinction in the new source and 
existing source definitions shows that Congress was explicit when it 
wanted to classify sources based on timing, and it did not do so in 
creating the major/area source distinction.
    Some commenters have argued that the EPA's plain language reading 
cannot be correct in light of various provisions in CAA section 112. 
The EPA has considered these comments and concluded that the EPA's 
plain language reading is the correct reading, for the reasons 
discussed below, in the Response to Comments document and elsewhere in 
the record.
    CAA section 112(i)(3)(A)--Some commenters assert that the EPA's 
plain language reading of the definitions of ``major source'' and 
``area source'' is contradicted by CAA section 112(i)(3)(A). 
Specifically, they contend that the first phrase in CAA section 
112(i)(3)(A) precludes a major source from reclassifying to area source 
status after the source has become subject to a major source standard 
and that this statutory text compels the OIAI policy. The EPA disagrees 
with this contention. The first phrase in CAA section 112(i)(3)(A) 
states: ``After the effective date of any emissions standard, 
limitation or regulation promulgated under this section and applicable 
to a source, no person may operate such source in violation of such 
standard, limitation or regulation . . . .'' As discussed in the 
proposal (84 FR 36311), the EPA reads this phrase to have the same 
meaning as similar ``effective date'' provisions in the CAA, such as 
CAA section 111(e), notwithstanding that CAA section 112(i)(3)(A) has 
somewhat different phrasing. In short, this text simply provides that, 
after the effective date of a CAA section 112 rule, sources to which a 
standard is applicable must comply with that standard. This text is not 
reasonably read to say that, once a standard is applicable to a source, 
that standard continues to be applicable to the source for all time, 
even if the source's potential to emit changes such that it no longer 
meets the applicability criteria for the standard. Such a reading would 
produce some results that are clearly incorrect. For example, if the 
first phrase in CAA section 112(i)(3)(A) were read to say that a 
source's applicable requirements are determined at the point in time 
that a source first becomes subject to CAA section 112 requirements, 
then an area source would continue to be subject to area source 
requirements even if that source increased its potential to emit above 
either of the major source thresholds. Such a result would be contrary 
to the EPA regulations, which provide that an area source that 
increases its emissions or PTE above the MST becomes subject to the 
applicable major source requirements. 40 CFR 63.6(a)(2), 63.6(b)(7), 
63.6(c)(5).
    Further, reliance on CAA 112(i)(3)(A) to argue against the EPA's 
plain language reading and for a return to the OIAI policy ignores that 
the ``effective date'' of a CAA section 112 standard is not the same as 
the ``compliance date.'' CAA section 112(i)(3)(A) expressly provides 
that the EPA may set the ``compliance date'' for existing sources up to 
3 years after the ``effective date.'' Similarly, CAA section 112(i)(5) 
(which is applicable in certain circumstances for sources that make 
early reductions in HAP emissions) provides for a delayed compliance 
date that will be after the effective date. This is significant because 
the cutoff deadline for reclassification that the commenters say is 
required under CAA section 112(i)(3)(A) is not the effective date. 
Under the OIAI policy, the cutoff date for reclassification was the 
first substantive compliance date, which (as just discussed) is clearly 
distinguished from the effective date in CAA section 112(i)(3)(A) in 
the statute. Thus, commenters' reading of CAA section 112(i)(3)(A) 
would not only be contrary to the EPA's plain language reading but 
would also be contrary to the OIAI policy under which sources could 
reclassify after the effective date as long as they did so before the 
first substantive compliance date.
    In sum, the EPA has concluded that the CAA section 112 definitions 
of ``major source'' and ``area source'' and the ``effective date'' 
provision in CAA section 112(i)(3)(A) are properly read together to say 
that sources must comply with the applicable requirements corresponding 
to their major source or area source status, and that if this status 
changes, then the source becomes subject to the requirements 
corresponding to its status after the change.
    CAA sections 112(c)(3) and (6)--Some commenters argue that CAA 
sections 112(c)(3) and (6) reflect a Congressional intent that sources 
be subject to continuous, permanent compliance with major source 
standards and that these provisions are, therefore, inconsistent with 
the EPA's plain language reading. But there is no inconsistency here. 
Those provisions required the EPA to ensure that sources accounting for 
90 percent of the emissions of specific pollutants were listed and 
regulated by November 2000. The premise of the commenters' argument 
based on CAA

[[Page 73861]]

sections 112(c)(3) and (6) is that these provisions do not simply 
require the EPA to list and regulate sufficient source categories to 
meet the 90-percent requirement at a given point in time; rather, they 
require that the EPA's regulations ensure that 90 percent of emissions 
are subject to regulation on an ongoing basis. This is not a reasonable 
reading of CAA sections 112(c)(3) and (6) because, as explained in 
greater detail in the proposed rule preamble at 84 FR 36311, the 
requirements of the statute and subsequent standards will result in the 
emissions from the listed source categories falling below the 90-
percent threshold once those source categories are regulated. If 
commenters' interpretation were correct, CAA sections 112(c)(3) and (6) 
would create a never-ending cycle of listing and regulation in order to 
achieve an unattainable goal of ensuring that 90 percent of emissions 
are regulated. See 84 FR 36311.
    In response to the EPA's discussion in the proposed rule preamble, 
commenters have stated that the statutory text in CAA sections 
112(c)(3) and (6) is properly read not to focus on the source 
categories that those provisions require to be listed but on the 
individual sources that are within those categories--specifically, that 
these provisions require the EPA to regulate the sources that produced 
those emissions. But if the listing and regulation required pursuant to 
CAA sections (c)(3) and (6) were read to apply to the sources that 
produced the emissions as of the time of the listing of the categories, 
then that would mean that new sources within the listed source 
categories would not be regulated. The EPA does not think this is a 
reasonable reading of those provisions. Instead, the proper reading of 
these provisions is that the EPA is to list and regulate source 
categories, and then a source is regulated pursuant to the standard 
applicable to a given source category to the extent that, and as long 
as, the source remains within the source category. Thus, under a proper 
reading of CAA sections 112(c)(3) and (6), those provisions do not 
prevent reclassification, so there is no conflict between the EPA's 
plain language reading of CAA sections 112(a)(1)-(2) and the 
requirements of CAA sections 112(c)(3) and (6).
    CAA section 112(f)(2)--Commenters also point to CAA section 
112(f)(2) (commonly referred to as the residual risk provision) and 
contend that the EPA's plain language reading allows reclassified 
sources to avoid the review required under that provision. But this 
argument fails to refute the discussion that the EPA provided in the 
proposed rule preamble (at 84 FR 36311-36312). First, as a general 
matter, Congress in CAA section 112 plainly distinguished between major 
sources emitting above the MST and area sources emitting below the MST 
and subjected them to different requirements. Second, with regard to 
CAA section 112(f), CAA section 112(f)(5) contains an express exemption 
from the CAA section (f)(2) review for area sources, and there is no 
statutory basis or logical reason for treating an area source 
differently just because it is a former major source. For these 
reasons, CAA section 112(f) is not inconsistent with the EPA's plain 
language reading.
    CAA section 112(d)--Some commenters have pointed to the 
requirements of CAA section 112(d) as requiring sources that are at any 
point subjected to major source standards must continue to be subject 
to major source standards permanently. These commenters have argued 
that the EPA's plain language reading undermines the emissions 
reductions required by these CAA section 112 standards. Section 
112(d)--and in particular, sections 112(d)(2) and (3) of the CAA--
addresses how the EPA sets MACT standards for major sources (based on 
the maximum degree of emissions reduction the EPA determines is 
achievable, which may be a complete prohibition on emissions). But the 
question of what standard is applicable to major sources in a source 
category--whether MACT floor standards or otherwise--logically cannot 
determine which sources are major sources . Instead, the text and 
structure of CAA section 112 demonstrate that whether a source is 
classified as a major source or an area source is the threshold 
question under CAA section 112, and what requirements apply to the 
source flows from how the source is classified, with major sources and 
area sources facing significantly different regulation.
    As noted above, the very first provisions in CAA section 112 are 
the major source definition in CAA section 112(a)(1) and area source 
definition in CAA section 112(a)(2) that create the major/area 
distinction. Following from this threshold distinction, CAA section 112 
treats major sources and area sources differently in fundamental ways. 
To state a few examples that illustrate this:
    (1) The EPA must list all categories of major sources of HAP 
pursuant to CAA section 112(c)(1), but only has to list categories of 
area sources representing 90 percent of HAP under CAA section 
112(c)(3). This distinction is then carried over to what sources are 
regulated, as provided in CAA section 112(d)(1), which provides that 
the EPA will regulate those categories listed under CAA section 112(c).
    (2) Major sources are subject to MACT standards under CAA section 
112(d)(2) and (3), but area sources may be subject to generally 
available control technology (GACT) standards under CAA section 
112(d)(5).
    (3) Area source categories and subcategories listed under CAA 
section 112(c)(3) and for which standards are set under CAA section 
112(d)(5) are not subject to residual risk review under CAA section 
112(f)(2), pursuant to CAA section 112(f)(5).
    In short, to the extent that major sources become area sources by 
reducing their emissions of and PTE HAP below the MST, and, thus, are 
no longer subject to major source requirements, that is not a 
``loophole'' or an ``end-run'' around the major source requirements. 
That is simply the result of the provisions and structure of CAA 
section 112 that Congress enacted and reflects the fundamental 
distinction between how CAA section 112 addresses major sources and 
area sources.
    Further, allowing a major source to take a PTE limit below the 
major source threshold and thereby avoid having to comply with major 
source requirements is not a new concept under MM2A. Indeed, that is 
precisely what happened under the OIAI policy. The only change under 
MM2A is one of timing. Under the OIAI policy, major sources could 
reclassify if they took the PTE limit before the first substantive 
compliance date. Under MM2A, sources can reclassify at any time. 
Nothing in the statute says, and there is no logical reason why, a 
major source that could reclassify to area source status on the day 
before its first substantive compliance date (as allowed under the OIAI 
policy) is foreclosed from doing so on the day after its first 
substantive compliance date.
    Similarly, having a source reclassify after the first substantive 
compliance date is not a new concept under MM2A. During the time that 
the OIAI policy was in effect, area sources were reclassified to major 
source status at any time that they increased emissions or their PTE 
above the major source threshold, even if the increase occurred after 
the first substantive compliance date under the applicable area source 
rule.
    For these reasons, the EPA concludes that the standard-setting 
provisions in CAA sections 112(d)(2) and (3) do not contradict the 
plain language of the major source and area source definitions

[[Page 73862]]

on the issue of whether a source can reclassify at any time.
    Parties opposed to the EPA's plain language reading also suggest 
that the EPA's reading is inconsistent with the purpose and provisions 
of CAA section 112 because it will lead major sources that reclassify 
to area source status to increase their emissions above what they could 
emit if they continued to be major sources. The EPA disagrees with the 
suggestion that a source's reclassification from major source to area 
source will necessarily lead to an increase in emissions from the 
source above what would have been allowed to emit under the major 
source standard. As discussed in section VIII of the preamble, there 
are a number of reasons why reclassified sources are generally not 
expected to increase their emissions. The EPA's analysis of the sources 
that have reclassified to date and sources that might reclassify from 
various source categories shows that in 68 out of 69 operating permits 
for sources that have already reclassified to area source status since 
January 2018, sources achieved and maintain area source status by 
operating the emission controls or continuing to implement the 
practices they used to comply with the major source NESHAP 
requirements. However, the EPA found that one of the 69 reclassified 
sources will not continue to employ the same compliance method that it 
used to meet the major source standard, and thus may increase its 
emissions. In addition to this review of actual reclassification 
actions since January 2018, the EPA also prepared an illustrative 
analysis for 72 source categories in the major source NESHAP program 
(114 total) to evaluate the potential emissions impacts. After 
considering the information and data available for the illustrative 
emissions analysis, we found that 65 source categories will not change 
emissions as a result of the rule. For the other seven, there was a 
potential for (but not a certainty of) emissions increases based on 
conservative assumptions that are likely to overstate the change in 
emissions at some facilities. Sources in these in seven source 
categories assessed in the primary scenario could increase emissions if 
those facilities (1) opted to reclassify and (2) were permitted to 
change the operation of adjustable add-on controls. Further details of 
this illustrative analysis and the results are provided below in 
section VIII.
    Further, allowing major sources to reclassify to area source status 
after the first substantive compliance date may create an incentive for 
sources to evaluate their operations and consider changes that can 
further reduce their HAP emissions to below the MST if the source views 
those changes as an opportunity to reduce costs of production, increase 
productivity, or reduce the costs of complying with major source NESHAP 
requirements. For example, sources using surface coatings may see the 
opportunity to become an area source as an extra incentive to invest in 
the development of new low- or no-HAP content coatings, inks, and 
binders. Similarly, sources with boilers and engines may benefit from 
replacing old boilers and engines with new, more efficient, and clean 
technologies. Such a replacement not only could help a source reduce 
HAP to below the MST but could also reduce fuel use and associated 
costs. To assess the opportunity for such emission decreases, we looked 
at an alternative scenario and determined that some sources operating 
between 75 and 125 percent of the MST could decrease emissions if those 
sources were to reclassify. Further details of this illustrative 
analysis and the results are provided below in section VIII.
    In the MM2A proposal, the EPA took comment on whether it can and 
should promulgate regulatory provisions that would prevent a source 
that has reclassified from major to area source status from increasing 
emissions above what the source was allowed to emit when it was a major 
source. See 84 FR 36312-36313. Upon further consideration of this issue 
and the comments received, the EPA has concluded that the plain 
language of CAA section 112 precludes the promulgation of such 
provisions. As discussed above, the plain language of CAA section 112 
provides that a source is an area source if its emissions and PTE are 
below the thresholds of 10 tpy of any one HAP and 25 tpy of any 
combination of HAP. Just as there is nothing in the statutory 
definitions in CAA sections 112(a)(1) and (2) or elsewhere in CAA 
section 112 that sets, or gives the EPA the authority to set, a cut-off 
date after which a major source cannot classify to area source status, 
there is nothing in CAA section 112 that imposes, or gives the EPA the 
authority to impose, a requirement that a source can only be an area 
source if it limits its emissions to some level below the MST. Congress 
clearly identified the thresholds of 10 tpy of any one HAP and 25 tpy 
of all combined HAP as the dividing line between major source status 
and area source status. The EPA cannot impose a different dividing line 
from what Congress wrote into CAA section 112. See Utility Air 
Regulatory Group v. EPA, 573 U.S. 302, 325-326 (2014) (where Congress 
created precise numerical thresholds in the statute, the EPA's 
rewriting of the statutory thresholds is impermissible).
    Further, even if there were some ambiguity in the text and 
structure of CAA section 112 that gave the EPA the discretion to impose 
such a requirement, the EPA's conclusion in light of both the statute 
and policy considerations is that such a requirement should not be 
imposed. As discussed above, whether a source is classified as a major 
source or an area source is the threshold question under CAA section 
112, and what requirements apply to the source flows from how the 
source is classified, with major sources and area sources facing 
significantly different statutory requirements. If the EPA were to 
mandate that a reclassified area source maintain its emissions below 
the level that the source was subject to as a major source, that would 
be contrary to the fundamental structure that Congress created in CAA 
section 112. Further, as discussed below in section VIII, even in the 
absence of any provisions preventing emissions above what a 
reclassified source was allowed to emit as a major source, most sources 
are not expected to increase emissions and those that do would have 
only modest increases. Thus, as a matter of policy judgment, the EPA 
would not interpret any ambiguity in the statute to allow the 
imposition of a new limit on reclassified area sources more stringent 
than the limit applied to other area sources.
    For these reasons, the EPA is not promulgating provisions that 
would prevent a source that has reclassified from major to area source 
status from increasing emissions above what the source was allowed to 
emit when it was a major source.

V. Summary of Final Amendments

    To implement the plain language reading of the statute as discussed 
in section IV above, the EPA is finalizing amendments to the General 
Provisions of 40 CFR part 63, subpart A. The EPA is also finalizing 
amendments to the General Provisions tables contained within most 
subparts of 40 CFR part 63 to account for the regulatory provisions we 
are finalizing in the General Provisions of 40 CFR part 63, subpart A. 
Finally, the EPA is finalizing changes to several individual NESHAP 
intended to remove rule-specific OIAI provisions. For all comments not 
discussed in this preamble, comment summaries and the EPA's responses 
can be found in the Response to Comments document available in the 
docket.

[[Page 73863]]

A. Final Amendments to 40 CFR Part 63, Subpart A: General Provisions

1. Applicability
    The EPA is finalizing amendments to the applicability section of 
the General Provisions of 40 CFR part 63.1 by adding a new provision 40 
CFR 63.1(c)(6) to implement the plain language reading of the ``major 
source'' and ``area source'' statutory definitions of section 112 of 
the CAA and provide that a major source can be reclassified to area 
source status at any time upon reducing its actual emissions of and 
potential to emit HAP to below the MST of 10 tpy of any single HAP and 
25 tpy of any combination of HAP. At proposal, this new applicability 
provision also included regulatory language addressing the compliance 
date with applicable NESHAP requirements for reclassification and 
interactions with enforcement actions. We received comments on all 
aspects of the new applicability provision. Below we discuss each 
aspect of the proposed MM2A applicability provision and what we are 
finalizing after considering public comments.
a. Reclassification Provision
    The EPA proposed to amend 40 CFR 63.1 by adding a new paragraph 
(c)(6). As proposed, this paragraph specifies that a major source can 
become an area source at any time by limiting its PTE HAP to below the 
major source thresholds established in 40 CFR 63.2, provided certain 
conditions are met. We received comments in support of and against the 
proposed text in 40 CFR 63.1(c)(6) and comments requesting changes to 
or clarification on the proposed provision. Comments against the 
proposed reclassification provision based on the statutory text or 
other legal issues (such as legal comments opposing the EPA's plain 
language reading of CAA section 112 definitions of major and area 
sources allowing sources to reclassify at any time) are addressed in 
section IV of this preamble and in the Response to Comments document 
available in the docket. The comments requesting changes to or 
clarification on the new provision are summarized below.
    Some commenters recommended that the EPA add language to the new 
provision in 40 CFR 63.1(c)(6) to specify that the provision applies to 
sources that reclassify to area source status after being subject to 
major source NESHAP requirements. The EPA disagrees that the language 
only applies to reclassification by a major source after the source has 
been subject to major source NESHAP requirements. The regulatory 
language in this provision implements the EPA's plain language reading 
of the definition of major and area sources in section 112 of the CAA, 
as discussed in length in section IV of this preamble, allowing sources 
to reclassify at any time. This provision allows for reclassification 
to area source status regardless of whether the reclassification occurs 
before or after the first substantive compliance date of a major source 
NESHAP.
    Other commenters stated that the proposed provision in 40 CFR 
63.1(c)(6) could be read to require all types of sources to obtain PTE 
limits in order to be reclassified to area source status. These 
commenters stated that this could be problematic for sources that were 
major at the first substantive compliance date of a particular NESHAP 
but are no longer within the definition of ``major source'' at the time 
of reclassification because the source's emissions of and PTE HAP are 
below the MST even in the absence of a governmental restriction on 
emissions in a PTE limit. The EPA agrees with the commenters that the 
language in the proposed provision can be clarified and has amended the 
language of 40 CFR 63.1(c)(6) in the final rule to read: ``A major 
source may become an area source at any time upon reducing its 
emissions of and potential to emit (PTE) hazardous air pollutants, as 
defined in this subpart, to below the major source thresholds 
established in 40 CFR 63.2, subject to the provisions in paragraphs 
(c)(6)(i) and (ii) of this section.'' The provisions in 40 CFR 
63.1(c)(6)(i) and (ii) as finalized in this action are discussed later 
in this preamble.
    In the final regulatory language of 40 CFR 63.1(c)(6), the EPA 
replaced the phrase ``limiting its potential to emit (PTE) hazardous 
air pollutants . . .'' with the phrase ``reducing its emissions of and 
potential to emit (PTE) hazardous air pollutants . . .''. This updated 
language removes the ambiguity in the proposed language and makes it 
clear that PTE limits would be needed for area source reclassification 
for sources with PTE HAP at or above the MST. In contrast, consistent 
with the statutory definitions of ``major source'' and ``area source'' 
and the regulatory definition of PTE in 40 CFR 63.2, so called ``true'' 
area sources,\12\ which in this preamble means sources that do not have 
the capacity to emit HAP at major source levels under their physical 
and operational design (even if the source owner and regulatory agency 
disregard any enforceable limitations), are not within the definition 
of ``major source.'' These ``true'' area sources do not need to obtain 
enforceable PTE limits to be reclassified to area source status. 
Accordingly, sources that have permanently removed equipment, changed 
their processes, or by other means currently do not have a maximum 
capacity to emit HAP at major source levels are ``true'' area sources 
(i.e., enforceable limits are not needed on the source's physical or 
operational design to restrict the source's PTE HAP below MST) and do 
not need to adopt PTE limits to be reclassified. Any source that adopts 
a physical or operational limit on its maximum capacity to emit 
(including requirements for the use of air pollution control equipment 
or restrictions on the hours of operations or on the type or amount of 
material combusted, stored, or processed) to limit its PTE HAP below 
the MST is not a true area source. These are often referred to as 
``synthetic'' area sources.\13\
---------------------------------------------------------------------------

    \12\ This preamble follows the convention about the meaning of 
these terms adopted in an EPA memorandum titled ``Potential to Emit 
(PTE) Guidance for Specific Source Categories'' (April 14, 1998), 
available at https://www.epa.gov/sites/production/files/2015-07/documents/lowmarch.pdf.
    \13\ We note that in the Oil and Natural Gas Federal 
Implementation Plan (O&NG FIP) in Indian County, ``true area 
sources'' include the reductions due to compliance with various 
NESHAP and new source performance standards (NSPS) standards, which 
are applicable requirements of the O&NG FIP. True minor sources in 
the oil and natural gas production and natural gas processing 
segments of the oil and natural gas sector are required to comply 
with the O&NG FIP instead of obtaining a source-specific minor 
source permit, unless a source chooses to opt out of the FIP and to 
obtain a source-specific minor New Source Review (NSR) permit 
instead under the ``Federal Minor New Source Review (NSR) Program in 
Indian Country.'' See FIP for True Minor Sources in Indian Country 
in the Oil and Natural Gas Production and Natural Gas Processing 
Segments of the Oil and Natural Gas Sector. 81 FR 35944 (June 3, 
2016).
---------------------------------------------------------------------------

    Relatedly, commenters claimed that the MM2A proposal did not appear 
to explain that the definition of ``potential to emit'' does not 
require enforceable limitations for restrictions on HAP emissions that 
are inherent in the physical or operational design of the production 
process. Note that the EPA recognizes that, on a case-by-case basis, a 
situation may warrant an assessment of whether a given device or 
strategy should be considered as air pollution control equipment or as 
an inherent part of the process.\14\ That said, the final rule is not 
revising the EPA's view on how to determine ``the maximum capacity of a 
stationary source to emit a pollutant under its physical and 
operational design.'' Sources with questions about the proper way to 
determine PTE HAP or whether they should obtain PTE limits for 
reclassification to area source

[[Page 73864]]

status are encouraged to consult applicable permitting program 
regulations and work with their corresponding regulatory authorities on 
a determination that considers their situation. See also, 40 CFR 
63.10(b)(3), which explains in detail the analysis and contents of the 
records to be kept for applicability determinations made by a source 
for purposes of 40 CFR part 63.
---------------------------------------------------------------------------

    \14\ See https://www.epa.gov/sites/production/files/2015-07/documents/readymix2.pdf.
---------------------------------------------------------------------------

    Multiple commenters objected to the EPA's proposed viewpoint that a 
major source that had been complying with a NESHAP as of the first 
substantive compliance date of the standard, but reduced its PTE HAP 
below the MST by complying with non-section 112 CAA requirements, would 
be required to obtain HAP PTE limits to ensure that HAP emissions 
remain below the MST. These commenters argued the EPA should make clear 
in the final rule that a limitation on another pollutant or parameter 
can be recognized as a limitation on the source's potential to emit HAP 
if the limitation on the other pollutant emissions or parameter 
results, as a practical matter, in a restriction on the source's HAP 
emissions. The commenters noted that limits that qualify to reduce a 
source's PTE HAP emissions do not need to be ``HAP PTE limits,'' i.e., 
a requirement need not place limits directly on a HAP to have the 
effect of limiting a HAP. The commenters cited as example that volatile 
organic compound (VOC) limits could reduce HAP emissions and further 
stated that the EPA provided no explanation why requiring the source to 
obtain HAP PTE limits is essential to ensure that the area source's HAP 
emissions are effectively limited. The EPA recognizes that the proposal 
may have caused confusion about whether the EPA recognizes HAP 
reductions due to surrogate criteria pollutant controls for purposes of 
reclassifying to area source status.\15\ That said, the EPA has 
concluded that it does not need to revise the regulatory text to make 
this specific point because the definition of PTE (as revised in this 
final rule) allows for the effect of such limitations to count toward 
limiting the PTE HAP. A source relying on the effect of non-HAP 
enforceable limitation to constrain its PTE HAP below the MST may need 
to show the regulatory authority processing the reclassification the 
effect of such limitation on the source's PTE HAP to confirm that such 
source has a PTE HAP that allows it to reclassify to area source 
status.\16\ As explained before, the determination of a source's PTE 
HAP under the PTE definition in 40 CFR 63.2 requires consideration of 
any enforceable controls, including ``nested'' HAP usage limits in 
permits intended as enforceable VOC limits, and other enforceable non-
HAP limitations within a permit that have the effect of reducing HAP 
emissions. To the extent that a source's PTE considering controls 
exceeds the MST, a source would need to obtain enforceable limitations 
constraining its PTE HAP below the MST in order to be reclassified to 
area source status. Finally, the revised language in 40 CFR 63.1(c)(6) 
that now states ``reducing emissions and its potential to emit (PTE) 
hazardous air pollutants . . .'' (as opposed to the proposed language 
stating ``limiting its potential to emit (PTE) hazardous air pollutants 
. . .'') supports the EPA's conclusion that the PTE regulatory 
definition means that enforceable limits on other pollutants can have 
the effect of reducing PTE HAP and can be the basis for 
reclassification. See also 40 CFR 63.10(b)(3) about the analysis and 
record contents.
---------------------------------------------------------------------------

    \15\ See, e.g., January 25, 1995, memorandum titled ``Options 
for Limiting the Potential to Emit (PTE) of a Stationary Source 
Under Section 112 and Title V of the Clean Air Act (Act),'' also, 
memorandum, ``Crediting of Maximum Achievable Control Technology 
(MACT) Emission Reductions for New Source Review (NSR) Netting and 
Offsets,'' available at https://www.epa.gov/sites/production/files/2015-07/documents/netnoff.pdf. See, also, 81 FR 35944, explaining 
that HAP compliance reductions of volatile organic HAP to meet MACT 
may also result in emissions reductions of VOC.
    \16\ The EPA expects that state and local and tribal agencies 
will exercise care when drafting enforceable permit conditions in 
the situation where the ``effect'' of criteria pollutant limits will 
not be straight forward. See January 25, 1995, memorandum titled 
``Options for Limiting the Potential to Emit (PTE) of a Stationary 
Source Under Section 112 and Title V of the Clean Air Act (Act).''
---------------------------------------------------------------------------

    Finally, some commenters asked the EPA to clarify what requirements 
apply to sources that reclassified before the effective date of this 
rule. These commenters asked the EPA to state in the final rule that 
sources that reclassified to area source status prior to the MM2A final 
rule would not be required to undertake any additional actions. To the 
extent that sources have reclassified before the effective date of this 
final rule, their ability to reclassify is governed by the plain 
language reading of the statute. We discuss the notification and 
recordkeeping requirements for sources that reclassified before the 
effective date of this final rule later in this preamble. In contrast, 
sources that reclassify after the effective date of this final rule are 
governed by the plain language reading of the statute and by the 
provisions being finalized in this final rule. In either case, a 
reclassification is not a safe harbor for the source if the limits 
taken do not effectively limit the HAP emissions and the source emits 
HAP in excess of the MST.
b. Compliance Dates for Applicable Standards
    In the proposed language of 40 CFR 63.1(c)(6), the EPA included 
regulatory text addressing applicability of standards and other 
requirements under 40 CFR part 63 for sources that reclassify to area 
source status, including dates for compliance with standards and 
notifications requirements. Because sources must comply with 
requirements corresponding to their status, the proposed provision in 
40 CFR 63.1(c)(6) specified, ``Until the PTE limitations become 
effective, the source remains subject to major source requirements. 
After the PTE limitations become effective, the source is subject to 
any applicable requirements for area sources.'' In response to comments 
and to clarify the requirements associated with applicability of NESHAP 
requirements and the compliance dates for sources reclassifying to area 
source status, both before and after compliance with applicable major 
source NESHAP requirements, and for reclassified area sources that 
subsequently become major sources again, the EPA is consolidating these 
requirements in the final regulatory text at 40 CFR 63.1(c)(6)(i). The 
final provision also addresses the notification requirements for these 
sources. We discuss notification requirements below in section V.A.2 of 
the preamble.
    The final regulatory text in 40 CFR 63.1(c)(6)(i)(A) addresses the 
applicability of standards and compliance dates for sources 
reclassifying to area source status either before or after being 
subject to major source requirements under 40 CFR part 63. The final 
regulatory text in 40 CFR 63.1(c)(6)(i)(B) addresses the applicability 
of standards and compliance dates for reclassified area sources that 
subsequently become major sources again. These final provisions are 
discussed below.
    In this final rule, the EPA is updating the regulatory language in 
40 CFR 63.1(c)(6)(i)(A) to include the applicability of standards and 
compliance dates for sources reclassifying to area source status. The 
final amended text in 40 CFR 63.1(c)(6)(i)(A) reads as follows: ``A 
major source reclassifying to area source status under this part 
remains subject to any applicable major source requirements established 
under this part until the reclassification becomes

[[Page 73865]]

effective. After the reclassification becomes effective, the source 
must comply with any applicable area source requirements established 
under this part immediately, provided the compliance date for the area 
source requirements has passed. The owner or operator of a major source 
that becomes an area source subject to newly applicable area source 
requirements under this part must comply with the initial notification 
pursuant to Sec.  63.9(b). The owner or operator of a reclassified 
source must also provide to the Administrator notification of the 
change in the information already provided under Sec.  63.9(b) per 
Sec.  63.9(j).''
    As stated in this provision, sources remain subject to any 
applicable major source requirements under 40 CFR part 63 ``until the 
reclassification becomes effective'' instead of the proposed language 
``until the PTE limitations become effective.'' In the MM2A proposal, 
the EPA explained that reclassification to area source status is a 
voluntary action on the part of a source, and sources are required to 
apply with their corresponding regulatory authority and follow the 
corresponding authority's procedures to be reclassified to area source 
status. This includes sources that, at the time of reclassification, 
are no longer within the definition of ``major source'' because they 
are true area sources (as described above in the preamble), because 
they had already obtained PTE limits below the MST, or due to other 
enforceable compliance obligations under a permit, permit by rule, or 
State Implementation Plan (SIP). As explained elsewhere in this 
preamble, such sources are area sources under the CAA section 112 
definition, but as a result of our previous policy they may continue to 
have enforceable permit conditions, including major source NESHAP 
requirements, for example, until their title V permit is revised or 
revoked in agreement with their permitting authority procedures.
    Because reclassification to area source status currently occurs 
under a regulatory authority's area or minor source program, the 
reclassification of a source to area source status is effective when 
the corresponding regulatory authority grants a source's request to be 
considered an area source via a permit registration, permit by rule, 
applicability determination, etc. (As explained in this preamble, 40 
CFR part 63 separately requires notification of the applicability of a 
standard and recordkeeping of information on the applicability 
determination decision.) We expect that the process for sources to 
reclassify to area source status for HAP will rely on existing programs 
(e.g., minor source programs, title V permitting procedures, and/or 
approved programs for issuing PTE limits under CAA section 112(l)). 
Consistent with how regulation of area sources is currently implemented 
under CAA programs, the EPA expects that determinations of area source 
status or major source status, as requested by a source for 
reclassification, will occur in a single action or concurrently with 
permitting actions needed to reconcile the revised requirements for the 
source under the newly acquired status or as appropriate for permit 
closure or revocation. (A permitting authority program may have 
simpler, less burdensome processes for specific groups of sources.) The 
language finalized about the effective date of reclassification 
equitably considers the current implementation mechanisms and sources 
situation.
    As proposed, the regulatory language in 40 CFR 63.1(c)(6)(i) stated 
that ``[a] major source that becomes an area source must meet all 
applicable area source requirements promulgated under this part 
immediately upon becoming an area source, provided the first 
substantive compliance date for the area source standard has passed, . 
. .'' Some commenters requested that the EPA include language in the 
final rule providing that sources reclassifying to area source status 
may meet the major source NESHAP requirements as a means of complying 
with newly applicable area source NESHAP requirements. The EPA is not 
including such language in the final rule. Any source that reclassifies 
to area source status is no longer subject to major source NESHAP 
requirements and is subject to area source NESHAP requirements instead. 
That said, the area source is not precluded from streamlining the 
applicable area source NESHAP requirements with permit terms from a 
previously applicable major source NESHAP standard if compliance with 
applicable area source NESHAP requirements is assured. Because the 
reclassification to area source status is a voluntary action on the 
part of the source, the source must evaluate the area source NESHAP 
requirements that will become applicable to the source at the time of 
the reclassification to area source status and be in a position to meet 
such requirements at the time it reclassifies.
    In the regulatory language of 40 CFR 63.1(c)(6)(i)(A), the EPA is 
finalizing the proposed immediate compliance rule for major sources 
that reclassify to area source status. These sources will be subject to 
applicable area source NESHAP requirements in 40 CFR part 63 
immediately upon reclassification to area source status, provided the 
compliance date for the area source requirements has passed. In the 
MM2A proposal, the EPA proposed to allow for additional time for 
compliance with applicable area source NESHAP requirements for 
particular situations. For reclassifications from major source to area 
source status, the EPA proposed that additional time (not to exceed 3 
years) may be granted by the EPA (or a delegated authority) in a 
compliance schedule where an area source standard would apply to an 
existing source upon reclassification and different emission points 
would need controls or different emission controls would be necessary 
to comply with the area source standard or other physical changes would 
be needed to comply with the standard.
    The EPA received many comments on the proposed immediate compliance 
rule, compliance extension provisions, and the process for obtaining a 
compliance extension. Some commenters agreed with the proposed 
immediate compliance rule for sources that reclassify to area source 
status, while others opposed the immediate compliance rule if the EPA 
did not include provisions to obtain a compliance extension. Commenters 
supporting the immediate compliance rule without compliance extension 
provisions argued that sources should be aware of applicable 
requirements and plan for timely compliance at the time they request 
reclassification. These commenters opposed the proposed compliance 
extension provision, noting that any provision to allow compliance at 
periods later than 3 years from a standard's effective date was 
unlawful and unnecessary. The commenters argued that CAA section 
112(i)(3)(A) requires that compliance must be within 3 years of the 
effective date of the standard; furthermore, CAA section 112(i)(3)(A) 
requires compliance ``as expeditiously as practicable.'' The commenters 
argued that just because physical changes may be required for a source 
to comply with newly applicable area source NESHAP requirements, it 
does not mean that compliance cannot be achieved immediately upon 
reclassification. The commenters emphasized that CAA section 112(i)(3) 
is clear on the compliance schedule for existing sources; that the 
schedule is determined by the effective date of any emission standard, 
limitation, or regulation promulgated under CAA section 112; and that 
compliance has to be as expeditious as practicable, but in no event 
later than 3 years after the

[[Page 73866]]

effective date of such standard. On the other hand, some commenters 
stated that there may be a short period of time when a stationary 
source needs to discontinue compliance with a major source NESHAP 
requirement before complying with the area source NESHAP requirements 
to conduct testing and verify monitoring protocols or to physically 
install emission controls. These commenters argued that the rule should 
recognize the need for such exceptions to the requirement to comply 
immediately with the area source NESHAP requirements and that the 
regulatory authority must be able to consider all the relevant factors 
in allowing for a compliance extension. While the commenters stated 
that a stationary source would want an exception to discontinue 
compliance with major source NESHAP requirements for a short period of 
time in order to come into compliance with the new area source NESHAP 
requirements to which they will be subject immediately after 
reclassification, the commenters did not provide supporting evidence or 
concrete examples showing that there are real situations where such 
compliance exception is needed.
    The EPA agrees with the commenters that the statutory language in 
CAA section 112(i)(3)(A) precludes the compliance extension as 
proposed. For this reason, the EPA is not finalizing the proposed 
compliance extension for sources reclassifying to area source status. 
If a source reclassifies to area source status in a source category for 
which there are applicable area source NESHAP requirements, and the 
effective date of such requirements has passed, the source must comply 
immediately upon reclassification. If the compliance date of the 
applicable area source NESHAP requirements is in the future, the source 
must comply by the future compliance date specified in the individual 
subpart. Because reclassification is a voluntary action on the part of 
the source, the immediate compliance requirement does not represent a 
compliance issue because a source could delay their reclassification 
until such time as they are able and equipped to meet the applicable 
area source NESHAP requirements.
    In the MM2A proposal, the EPA included in the proposed provision at 
40 CFR 63.1(c)(6)(ii) regulatory language addressing the compliance 
schedule for sources that reclassify between major and area source 
status more than once. The EPA proposed that ``A major source subject 
to standards under part 63 that subsequently becomes an area source, 
and then later becomes a major source again by increasing its emissions 
to at or above the major source thresholds, must comply with the 
previous applicable major source requirements of this part immediately 
upon becoming a major source again . . .'' The EPA also proposed a 
compliance extension provision for these sources: If the previously 
applicable standard has been revised since the source was last subject 
to the standard and, in order to comply, the source must undergo a 
physical change, install additional emission controls, and/or implement 
new control measures, the source will have up to the same amount of 
time to comply as the amount of time allowed for existing sources 
subject to the revised standard. The EPA received multiple comments on 
the proposed compliance schedule and compliance extension provision for 
reclassified area sources reverting to major source status.
    Some commenters argued that there was no need for the EPA to 
address compliance timelines in the context of the MM2A rulemaking for 
sources that reclassify to area source status and then revert back to 
major source status. These commenters noted that the existing General 
Provisions in 40 CFR 63.6(c)(5) already include compliance dates for 
area sources that become major sources, and that by including 
compliance dates within the provision in 40 CFR 63.1(c)(6), the EPA was 
creating disparate compliance schedule requirements. Several other 
commenters agreed with the proposed immediate compliance rule for area 
sources reverting to major source status, stating that sources should 
be aware of applicable requirements and plan for timely compliance at 
the time they request reclassification. These commenters opposed the 
proposed compliance extension provision, noting that any provision to 
allow compliance at periods later than 3 years from a standard's 
effective date is unlawful and unnecessary. The commenters argued that 
CAA section 112(i)(3)(A) requires that compliance must be within 3 
years of the effective date of the standard. In addition, the 
commenters pointed out that CAA section 112(i)(3)(A) does not allow 
additional time for a source that reverts to major source status when 
the applicable major source NESHAP has increased in stringency; thus, 
there is no reason for the proposed extension. The commenters noted 
that CAA section 112(g)(2) requires that any entity that modifies or 
constructs a major source first secure a determination that applicable 
maximum-achievable standards will be met. The commenters argued that 
any source that proposes to increase its emissions to exceed the MST 
should be required to plan sufficiently to comply with the applicable 
major source NESHAP requirements before it increases its emissions. 
These commenters stressed that it would be inappropriate to allow 
stationary sources to prolong compliance with applicable standards, and 
that allowing sources additional time for compliance could incentivize 
sources to continually shift stationary source applicability status to 
avoid complying with applicable NESHAP requirements. These commenters 
objected to any compliance extension, stating that any extension or 
consideration of special conditions would remove the protections in 
existing rules, allowing the public and environment to be exposed to 
increased HAP emissions.
    Other commenters argued that the proposed immediate compliance 
provisions for sources that revert back to their previous major source 
status are onerous and seem to be designed to discourage sources from 
opting to become area sources. These commenters supported the proposed 
compliance extension provisions but noted that there is no 
justification to conditioning any extension to the immediate compliance 
requirement for these sources on an intervening change to the major 
source standard. They argued that this appeared to be a backdoor 
attempt to force sources opting to become area sources to continue 
using major NESHAP add-on controls in case they might need to become a 
major source again, and that this is something for which the EPA lacks 
authority. Some commenters supported the immediate compliance rule if 
appropriate exceptions are made in the final rule and it includes a 
reasonable process for requesting an extension. The commenters 
recommended that the compliance extensions be left to the air pollution 
control agencies and that the EPA should not try to define what changes 
would be eligible for a longer compliance period, thus, eliminating 
unnecessary EPA oversight of the process for area sources and 
simplifying the procedures for acquiring additional compliance time. 
Finally, the commenters stated that a source that once was a major 
source may, for example, maintain its area source status for 20 years 
before seeking to become a major source again; for this source, many 
things may have changed while it was an area source, including process 
changes that render the previous compliance approach inapplicable or

[[Page 73867]]

require the source to comply in different ways.
    The EPA agrees with the commenters that stated that the statutory 
language in CAA section 112(i)(3)(A) is properly read to preclude the 
proposed compliance extension for sources that revert back to their 
previous major source status and are subject to major source 
requirements for which the compliance date of such requirements has 
passed. These sources must comply with the major source requirements 
immediately, even if faced with the circumstances listed in the 
proposal (needing to ``undergo a physical change, install additional 
emissions controls and/or implement new control measures'' in order to 
meet the applicable NESHAP requirements). In the circumstance where a 
source is reverting back to major source status for which there are 
applicable major source NESHAP requirements and the compliance date of 
such requirements at the time of reclassification is still in the 
future, the source needs to comply with such requirements by the future 
compliance date specified in the individual subpart. In sum, a source 
should not reclassify (in either direction) until it is ready to meet 
the requirements that are imposed by the new classification.
    For the reasons explained above, the final regulatory text included 
in 40 CFR 63.1(c)(6)(i)(B) addresses the applicability of standards and 
compliance dates for reclassified area sources that subsequently become 
major sources again. In this provision, the EPA is finalizing the 
proposed immediate compliance rule for area sources that become major 
sources again, if they were previously major sources under 40 CFR part 
63. The EPA has amended the language to read as follows: ``An area 
source that previously was a major source under this part and that 
becomes a major source again must comply with the applicable major 
source requirements established under this part immediately upon 
becoming a major source again, provided the compliance date for the 
major source requirements has passed, notwithstanding any other 
provision within the applicable subparts. The owner or operator of a 
source that becomes a major source again must comply with the initial 
notification pursuant to Sec.  63.9(b). The owner or operator must also 
provide to the Administrator any change in the information already 
provided under Sec.  63.9(b) per Sec.  63.9(j).'' This updated final 
provision in 40 CFR 63.1(c)(6)(i)(B) for reclassified area sources that 
subsequently become major sources again covers both situations of 
sources that reclassify back to major source status: (1) Major sources 
that reclassify to area source status prior to being subject to major 
NESHAP requirements (including sources that reclassified under the OIAI 
policy) and then return to major source status and (2) major sources 
that reclassify to area source status after being subject to major 
NESHAP requirements and then return to major source status. On the 
other hand, the compliance dates for area sources that never operated 
as major sources previously (including sources constructed with 
enforceable controls or other type of enforceable PTE limits) but that 
increase emissions or PTE and become major sources for the first time 
are governed by the provisions in the individual NESHAP (which are not 
being amended in this rule) and not the provisions applicable to 
reclassified area sources that return to major source status that are 
being finalized in this action. The EPA is also finalizing amendments 
to 40 CFR 63.6(c)(1) to account for the immediate compliance rule as 
included in the final revisions to 40 CFR 63.1(c)(6)(i)(A) and (B) as 
discussed above.
    Finally, while some commenters requested assurance that if sources 
revert back to their previous major source status, sources will not be 
considered new sources, others argued the EPA should expressly provide 
that relaxation or elimination of a PTE limit that results in the 
source becoming a major source requires that the source comply with CAA 
section 112 NESHAP requirements for a new source. These commenters 
asserted that as a result of a loophole in the existing 40 CFR part 63 
regulations, some sources and states are currently under the impression 
that a source can have its original PTE limit taken at the time of 
construction relaxed or eliminated without triggering the requirement 
to comply with major source NESHAP requirements that would have 
otherwise applied to the source when it was built. This confusion could 
have arisen from the text in 40 CFR 63.6(c)(5) stating that ``the owner 
or operator of an area source that increases its emissions of (or its 
potential to emit) hazardous air pollutants such that the source 
becomes a major source shall be subject to relevant standards for 
existing sources.'' As explained in section IV of this preamble, the 
CAA section 112 definitions of ``new source'' and ``existing source'' 
dictate that the new source/existing source distinction is determined 
by when the affected source commences construction or reconstruction 
with respect to the date of proposal of the standard and say nothing 
about the source's volume of emissions. For this reason, the EPA 
disagrees that a source reclassifying to major source status after 
having previously been subject to the major source standards would 
necessarily be classified as an existing source. The EPA also disagrees 
with commenters that a reclassifying source would necessarily be a new 
source for purposes of determining which standard applies. Whether an 
affected source is new or existing for purposes of compliance with an 
applicable NESHAP is dictated by when the source commenced construction 
or reconstruction in relation to when the applicable NESHAP was 
proposed and not whether the status of the source is major or area.
    Moreover, the regulatory text at 40 CFR 63.6(c)--Compliance dates 
for existing sources--applies only to ``existing sources.'' Therefore, 
the regulatory language at 40 CFR 63.6(c)(5) states that ``the owner or 
operator of an [existing] area source that increases its emissions . . 
. shall be subject to relevant standards for existing sources.'' The 
intent of 40 CFR 63.6(b)(7) and (c)(5) was further explained in the 
preamble for the March 23, 2001, rule that proposed revisions to 40 CFR 
63.6(b)(7) and (c)(5) (66 FR 16328),\17\ ``[w]e are proposing to revise 
63.6(b)(7) and (c)(5) to require new source MACT only on affected 
sources that commenced construction or reconstruction after the 
proposal date of the NESHAP . . . Affected sources at former area 
sources that become major that have not constructed or reconstructed 
after the proposal date of the NESHAP (emphasis added) would be subject 
only to existing source MACT . . . .'' Again, each NESHAP provides the 
dates that determine whether a source is a new source or an existing 
source. A source's status of new or existing is determined by dates 
given in each individual NESHAP, and that does not change when a source 
reclassifies. If a major source reclassifies to area source status 
after being subject to new major source NESHAP requirements and then 
returns back to major source status, the sources that were originally 
subject to new source requirements would once again be subject to new 
source requirements. In light of these comments, the EPA is including 
in the final rule amendments to 40 CFR 63.6(b)(7) and (c)(5) to reflect 
the new or existing status of sources that become major sources as 
being determined by

[[Page 73868]]

the dates provided in the applicable subparts and to also reflect the 
immediate compliance rule as finalized in 40 CFR 63.1(c)(6)(i)(B) for 
reclassified area sources that revert back to major source status. The 
amendments to 40 CFR 63.6(b)(7) read as follows: ``When an area source 
increases its emissions of (or its potential to emit) hazardous air 
pollutants such that the source becomes a major source, the portion of 
the facility that meets the definition of a new affected source must 
comply with all requirements of that standard applicable to new 
sources. The source owner or operator must comply with the relevant 
standard upon startup.'' The amendments to 40 CFR 63.6(c)(5) read as 
follows: ``Except as provided in paragraph (b)(7) of this section, the 
owner or operator of an area source that increases its emissions of (or 
its potential to emit) hazardous air pollutants such that the source 
becomes a major source and meets the definition of an existing source 
in the applicable major source standard shall be subject to relevant 
standards for existing sources. Except as provided in Sec.  
63.1(c)(6)(i)(B), such sources must comply by the date specified in the 
standards for existing area sources that become major sources. If no 
such compliance date is specified in the standards, the source shall 
have a period of time to comply with the relevant emission standard 
that is equivalent to the compliance period specified in the relevant 
standard for existing sources in existence at the time the standard 
becomes effective.''
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    \17\ These provisions were finalized on April 5, 2002 (See 67 FR 
16582).
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c. Reclassifications and Enforcement Actions
    In the MM2A proposal, the EPA included regulatory language in the 
MM2A applicability provision in 40 CFR 63.1(c) to address the 
interaction of the reclassification of sources and potential 
enforcement actions. Specifically, we noted reclassification of a 
source from major to area source status would not absolve a source of 
prior liability for noncompliance. Although sources that are the 
subject of an investigation or enforcement action may still seek area 
source status for purposes of future applicability, such sources remain 
liable for any previous or pending violations of the CAA that occurred 
prior to the reclassification. Enforcement of major source requirements 
could include penalties, mitigation for illegal emissions, and/or other 
remedies to address noncompliance. Accordingly, a source cannot use its 
new area source status as a defense for major source NESHAP violations 
that occurred prior to its reclassification. Similarly, becoming a 
major source does not absolve a source subject to an enforcement action 
or investigation for area source violations from the consequences of 
any actions occurring when the source was an area source.
    Multiple commenters agreed with the premise that a major source 
that reclassifies should not be absolved from potential enforcement 
actions that occurred prior to the reclassification. However, some 
commenters argued that if a major source is rightfully an area source 
at the time of an alleged violation, then the source should not be 
subject to enforcement as a major source. Other commenters argued that 
it is also appropriate for the EPA to consider the misclassification of 
a major source instead of the appropriate area source classification, 
and the requirements for major sources versus area sources, and to 
examine a past violation to determine if the source actually violated 
the requirements of the classification under which the firm should have 
been registered.
    One commenter recommended that the EPA add language to 40 CFR 
63.1(c)(6) that would allow for modification of an enforcement order 
affecting a reclassified source if the enforcement order was based on 
the enforcement authority's finding that the source was a major source 
or based on the application of the OIAI policy. The commenter argued 
that the EPA's proposed new language in 40 CFR 63.1(c)(6) would leave 
unclear whether it is the EPA's intent that: (1) Such a source can 
never apply to the enforcement authority for relief from such 
obligations (which often include obligations imposed pursuant to a 
court's equity jurisdiction or that otherwise fall outside the universe 
of obligations specified in the NESHAP) in exchange for accepting 
restrictions on its PTE in order to become a synthetic HAP area source; 
or (2) the enforcement authority can never enter into a modification of 
the order, settlement, or decree that grants such relief. The commenter 
argued that this lack of clarity could result in foreclosure of such 
relief in future proceedings that are informed by the final rules, 
depending on the EPA's posture at the time and the deference that is 
sometimes given to agencies' interpretations of their own regulations.
    The commenter argued that because the EPA has withdrawn the OIAI 
policy on the grounds that it was inconsistent with ``the plain 
language reading of the `major source' and `area source' definitions of 
section 112'' of the CAA, then it stands to reason that: (1) No 
historical application of the OIAI policy in the formulation of 
enforcement orders and negotiation of settlement agreements and consent 
decrees was ever lawful or appropriate; and (2) orders, agreements, and 
decrees that were imposed or negotiated based materially on the OIAI 
policy ought to be subject to retroactive review, on a case-by-case 
basis and subject to the needs of the particular case, upon application 
by the respondent for a modification of the instrument. Finally, a 
commenter argued that the EPA should explicitly state in its 
regulations that the consequence of violating PTE limitations is the 
requirement to comply with the applicable major source NESHAP 
requirements--in addition to an appropriate penalty for violating the 
PTE limitations.
    In the MM2A proposal, the EPA included regulatory language in the 
proposed MM2A applicability provision in 40 CFR 63.1(c)(6) stating that 
reclassification from major source to area source does not affect a 
source's liability or any enforcement investigations or enforcement 
actions for a source's past conduct or violations of major source 
requirements that occurred prior to the effective date of the source's 
enforceable limitations (i.e., the reclassification). This rule 
revision underscores the importance of a source's PTE in determining 
NESHAP, 40 CFR part 63, applicability. The plain language reading of 
the definitions of ``major'' and ``area'' source in section 112 of the 
CAA as explained in the 2018 MM2A Memorandum and implemented through 
this rulemaking does not change the Agency's position that a source may 
take enforceable production and/or operational limits to effectively 
constrain its PTE and, thereby, avoid applicability. Rather, it 
eliminates the timing constraint imposed by the OIAI policy as to when 
a source may take such limits to avoid applicability. If, before taking 
such limits to avoid applicability, a source emitted a single HAP in an 
amount of 10 tpy or greater, or emitted any collection of HAP in an 
amount of 25 tpy or greater, or it is determined that the source has 
(or had) a PTE that meets or exceeds these amounts, the source would be 
considered a major source and subject to the requirements of 40 CFR 
part 63 (as applicable) up and until the effectiveness of the limits. 
The same holds true after taking such limits to avoid applicability. 
That is, even after taking such limits, if a source emits a single HAP 
in an amount of 10 tpy or greater, or emits any collection of HAP in an 
amount of 25 tpy or greater, or it is determined that the source has 
(or

[[Page 73869]]

had) a PTE that meets or exceeds these amounts, the source would be 
considered a major source and subject to the requirements of 40 CFR 
part 63 (as applicable). Now, as before, any time a source operates as 
a major source, it must meet the applicable major source requirements 
in 40 CFR part 63. Neither this rule, nor the 2018 MM2A Memorandum, 
intends to allow a source that emits (or has the PTE) greater than the 
MST to avoid compliance with applicable requirements for major sources. 
Any source that operates without complying with the applicable 
requirements is subject to enforcement. The revision proposed at 40 CFR 
63.1(c)(6) underscores the EPA's position that unless, and until, a 
source has enforceable production and/or operational limits that 
effectively limit a source's PTE (and are not just chimeras that do not 
really restrain an operator from emitting pollution in amounts equal to 
or exceeding the major source thresholds), the source is a major source 
and must comply with the major source requirements (as applicable). The 
D.C. Cir. said as much in its review of the 2018 MM2A Memorandum, 
California Communities Against Toxics, et al. v. EPA, 934 F.3d. 627, 
638-639 (D.C. Cir. 2019), (``Major sources must obtain a permit in 
order to operate, and unless and until that permit is amended or set 
aside, the stringent requirements set forth therein must be complied 
with while that equipment is operational. The [MM2A Memorandum]itself 
does not revoke or amend a single permit.'')
    Any order, settlement, or decree (collectively, agreements) issued 
or entered into addressing a source's compliance with the requirements 
of NESHAP, 40 CFR part 63, is not affected by this rule or the 2018 
MM2A Memorandum. Those agreements were entered into based on the 
specifics of each case. Reopening or modification of settlements 
approved by, or orders issued by, federal courts is governed by the 
Federal Rules of Civil Procedure (F. R. Civ. P. Rule 60). Nothing in 
this final rule is intended to suggest that any of the prerequisites 
for reopening any judicial or administrative settlement or modifying a 
prior order of a court (including orders approving settlements) have 
been met. There is no additional clarification needed regarding these 
authorities. While the OIAI policy may have informed the contours of 
those agreements, it did not (and, in fact, could not) change the 
statutory basis for those enforcement actions. These agreements reflect 
a mutual understanding of the parties that settlement is in the 
interest of all involved after taking into account the legal and 
factual circumstances at the time of the settlement. Accordingly, the 
EPA is finalizing the regulatory language in 40 CFR 63.1(c)(6)(ii) 
addressing the interaction of the reclassification of sources with 
enforcement actions as proposed.
d. Reclassifications and Operation of Add-On Pollution Control 
Equipment
    After the issuance of the MM2A Memorandum, some stakeholders were 
concerned that if sources were to reclassify to area source status, 
they could stop using the add-on emission control equipment or emission 
reduction practices implemented for major source NESHAP compliance or 
no longer maintain the same level of control efficiency as before. At 
proposal, the EPA requested comments on whether facility owners or 
operators of sources that reclassify will cease to properly operate 
their add-on control devices where the operation of the add-on control 
device is needed to restrict the PTE and appropriate monitoring, 
recordkeeping, and reporting (MRR) are established as enforceable 
conditions.
    In the proposal, the EPA explained that a source seeking 
reclassification because it has reduced its HAP emissions to below the 
MST through use of add-on control devices or emission reduction 
practices implemented for compliance with major source NESHAP 
requirements will need to demonstrate to the regulatory authority 
issuing the PTE limits the degree to which the add-on control devices 
and emission reduction practices are needed to restrict the source's 
PTE. In the absence of the applicability of the major source NESHAP 
requirements, if the source relies on its existing NESHAP add-on 
control devices and/or emission reduction practices to limit its HAP 
PTE below the MST, the use of these control devices and/or emission 
reduction practices must be made enforceable under a permitting 
authority's legal mechanism. Alternatively, if a source intends to stop 
using the add-on control device equipment or emission reduction 
practices used to comply with a previously applicable major source 
NESHAP requirement, the source must demonstrate that other physical 
controls or operational limits that the source adopts will restrict the 
source's actual emissions and maximum capacity to emit HAP below the 
MST and that these limits are or can be made enforceable to ensure that 
the source will not emit or have the potential to emit HAP at or above 
the MST.
    Some commenters argued that there is no reason to believe that 
facility owners or operators would cease to properly operate their add-
on control devices where the operation of the control is needed to 
restrict the PTE and appropriate MRR are established as enforceable 
conditions. Similarly, some commenters asserted that sources that 
achieve area source status through compliance with MACT have 
significant disincentives to alter their control measures to increase 
emissions thereafter. They argued that HAP emissions control devices 
are not designed to achieve partial emissions reductions; rather, they 
are designed to reduce emissions by a specified efficiency rate and a 
source that already has invested in controls for the purpose of major 
source MACT compliance is unlikely to cease using them or remove them 
in favor of less-effective measures to limit its HAP emissions--
especially if the source's reclassification to area source status is 
contingent upon compliance with an enforceable PTE limit.
    On the other hand, other commenters expressed concern with the EPA 
statement in the proposal saying that ``it has no reason to believe, 
and does not anticipate'' that sources will cease operating their 
control devices and hence increase emissions as a result of the MM2A 
action. One commenter argued that the EPA has collected insufficient 
data and included no explanation to support what the commenter called 
an ``economically irrational conclusion.'' The commenter argued that 
the EPA has not acknowledged the financial incentives to reduce usage 
of expensive control devices.
    Commenters arguing that sources will reduce control device 
operation and emission monitoring if the major source NESHAP 
requirements no longer apply stated the EPA must include in the final 
rule conditions requiring the continued use of add-on controls and 
conditions ensuring that monitoring and parametric limits are adequate 
to meet the required destruction efficiencies needed for sources to 
constrain their PTE and emissions at area source levels. These 
commenters argued that without such requirements, sources that 
reclassify are likely to operate the control device only part of the 
year. They claim sources will make cost-saving business decisions to 
turn off controls for several months a year or use less-effective 
controls to remain just below the MST. Some commenters summarized, as 
an example, the information collected by the EPA to justify the 
monitoring requirements for flares in the NESHAP

[[Page 73870]]

for Petroleum Refineries and described how, without rigorous 
monitoring, flare efficiency could be highly variable and substantially 
lower than 98 percent. The commenters also argued that the EPA cannot 
assume that other control devices, such as fabric filter baghouses and 
electrostatic precipitators, would be as effective once the major 
source NESHAP operating limits or monitoring requirements no longer 
apply. The commenters argued that the EPA must require the facility to 
periodically perform source tests to verify that the restriction 
actually correlates with emissions that are below the MST. The 
commenters further argued that without requirements ensuring proper 
operation, maintenance, and monitoring of add-on controls, sources will 
stop consistently operating the control devices that limit the release 
of HAP and allow the sources to reclassify to area source status.
    The EPA sees these comments as pertaining to the proposed 
effectiveness criteria of PTE limits. In particular, the EPA may 
consider provisions concerning the operation and monitoring of add-on 
controls in the context of the criteria for ensuring that a PTE limit 
used to reclassify from major source to area source status is 
practicably enforceable. As discussed later in section VII of the 
preamble, the EPA is not taking action on the proposed amendments to 40 
CFR 63.2 at this time and is continuing to consider the comments 
received on this aspect of the MM2A proposal. The EPA intends to take 
final action on this aspect of the MM2A proposal in a separate final 
action at a later date.
2. 40 CFR 63.9 Notification Requirements
    In the MM2A proposal, the EPA included language in the 
reclassification provision in 40 CFR 63.1(c)(6) specifying that sources 
reclassifying must comply with the notification requirements of 40 CFR 
63.9(b) and (j). The EPA also proposed to clarify the notification 
requirements for sources reclassifying by amending 40 CFR 63.9(b) so 
that an owner or operator of a facility must notify the Administrator 
of any standards to which it becomes subject. The proposed amendment 
covers situations where a source reclassifies from major to area source 
status and where a source reclassifies from major to area and 
subsequently reverts back to major source status. The EPA also proposed 
to clarify that a source that reclassifies must notify the EPA of any 
changes in the applicability of the standards to which the source was 
subject per the notification requirements of 40 CFR 63.9(j).
    Most of the commenters supported the proposed amendments to the 
notification provisions in 40 CFR 63.9(b) and (j), but a few disagreed 
that the established General Provisions require notification when going 
from being subject to not being subject. Other commenters requested 
that the EPA reduce the number of duplicative notifications and 
simplify the regulatory authorities that must review 40 CFR 63.9(j). 
Other commenters requested clarification between notification 
provisions within individual NESHAP that allow for 120 days for 
notification versus the 15-day notification in the General Provisions 
in 40 CFR 63.9(b) and (j). These commenters asked the EPA to clarify 
the differences between these requirements, harmonize the reporting 
requirements, and minimize duplicative requirements. The EPA disagrees 
that the General Provisions do not require a notification when a source 
is no longer subject to a standard. The provisions of 40 CFR 63.9(j) 
are applicable to a change in information already provided. The change 
in a source's status from major to area (or vice versa) is a change in 
the information provided that determined the initial status of the 
source as subject to the major or area source standards. This is 
different from the initial notification required by 40 CFR 63.9(b), as 
that provides the relevant information to the Administrator of the 
newly governed provisions and is required to be submitted, per 40 CFR 
63.9(b)(2), no later than 120 days after the source becomes subject. 
The notification of a change in information already required within 15 
days is a result of the previously applicable standard. There are cases 
for which there is no applicable area source standard; the notification 
required by 40 CFR 63.9(j) is the only notification that would be 
submitted in those cases. These requirements in two provisions do not 
require harmonizing, as they are due to different NESHAP subparts being 
applicable and are not duplicative.
    The EPA is finalizing the reclassification provision in 40 CFR 
63.1(c)(6) notification requirements as proposed for both major sources 
that reclassify to area source status and area sources that revert back 
to major source status. The EPA is also finalizing the proposed 
amendments to 40 CFR 63.9(b) so that an owner or operator of a facility 
must notify the Administrator of any standards to which it becomes 
subject. Further, for clarity, the EPA has finalized at 40 CFR 
63.9(j)(i)-(iv) the data elements that a reclassifying source must 
provide in the notification of a ``change in information already 
provided'' required under 40 CFR 63.9(j). Finally, the EPA is 
clarifying that the notification requirement of 40 CFR 63.9(j) is an 
existing requirement. Thus, the EPA requires any source that 
reclassified after January 2018 (issuance of the 2018 MM2A Memorandum) 
and before the effective date of this final rule that has not yet 
provided the notification of a change in information per 40 CFR 63.9(j) 
to provide such notification within 15 calendar days after the 
effective date of this final rule.
    For the notification requirements in 40 CFR 63.9(b) and (j), the 
EPA also proposed to require sources that reclassify to submit the 
notification electronically through CEDRI. The EPA proposed amending 
the General Provisions to add 40 CFR 63.9(k) to include the CEDRI 
submission procedures. Several commenters support using CEDRI for 
notification of status changes. Some commenters requested the EPA to 
clarify that the new requirements in 40 CFR 63.9(k) only apply when a 
facility is reclassifying from a major source to an area source or from 
an area source to a major source, so regulatory authorities could not 
conclude that all notifications or reports should be done using CEDRI. 
Some commenters strongly supported the Agency providing this 
information to the public. While the EPA agrees that the provisions of 
40 CFR 63.9(k) only apply when specifically directed there from another 
provision, as stated in 40 CFR 63.9(k), ``[i]f you are required to 
submit notifications or reports following the procedures specified in 
this paragraph (k),'' (emphasis added), we do not believe that further 
clarification within the regulatory language is necessary. We are 
finalizing this provision as proposed requiring sources that reclassify 
to submit the notification electronically through CEDRI. Additionally, 
the EPA has clarified that sources that reclassify between January 25, 
2018, and the effective date of this final rule also must submit the 
notification through CEDRI. The EPA acknowledges the support for the 
public availability of the notifications and notes that the submitted 
notifications, along with any other notifications and reports submitted 
through CEDRI, become available to the public through the WebFIRE 
database (https://www.epa.gov/electronic-reporting-air-emissions/webfire) after time for review and approval by the regulatory agencies.
    Multiple commenters recommended that the EPA should clarify CEDRI 
reporting. One commenter indicated that notification is not delegable 
and

[[Page 73871]]

needs to adjust the language in 40 CFR 63.13 that requires submittal of 
information to Regional offices at specific addresses. The commenter 
pointed out that the proposed CEDRI reporting makes this requirement 
excessive and the regulatory text should be fixed to remedy the 
requirement of reporting in triplicate (Regional offices, CEDRI, 
Administrator/state). The commenter noted that the last sentence of 40 
CFR 63.12(c) does not address this issue and should be deleted/altered 
to avoid reporting in triplicate. Another commenter indicated that a 
separate notification to state agencies should be sent directly to the 
permitting agency. The commenter requested that the following paragraph 
be added to 40 CFR 63.9(k):

    ``If a state or local permitting agency has received delegation 
for a Part 63 standard that requires you to submit notifications or 
reports and that permitting agency requires, by way of statute, 
rule, policy, guidance, permit, or other mechanism, that such 
notifications or reports must be submitted also to the permitting 
agency, then such notifications and reports must be submitted to the 
permitting agency as well as to CEDRI.''

    The EPA agrees with the commenters that the language at 40 CFR 
63.13 and 63.12(c) was not clear that submission to CEDRI, when 
required by regulation, fulfills the obligation of submittal to the EPA 
Regional office. Therefore, the EPA is finalizing at 40 CFR 63.13 a 
clarifying statement that when required by 40 CFR part 63, the 
submission of a report or notification to CEDRI fulfills the obligation 
of reporting to the EPA Regional office. The EPA does not agree that 
additional language to reflect that reporting to a delegated agency is 
required in addition to reporting to CEDRI, as that is implicit in 40 
CFR 63.12(c), which requires that all information required to be 
submitted to the EPA be submitted to the delegated authority. The 
manner of submission is at the discretion of the delegated authority, 
but the reports and notifications that are required to be submitted to 
the EPA electronically through CEDRI must be delivered to the EPA 
through CEDRI. However, delegated authorities have the discretion to 
consider the submission to CEDRI as meeting the requirement to submit 
the report to them.
    In the MM2A proposal, the EPA identified two broad circumstances in 
which extensions of the timeframe for electronic submittal may be 
provided. In both circumstances, the decision to accept the claim of 
needing additional time to submit is within the discretion of the 
Administrator, and submittal should occur as soon as possible. The EPA 
provided these potential extensions to protect owners or operators from 
noncompliance in cases where they cannot successfully submit a 
notification by the submittal deadline for reasons outside of their 
control. The situation where an extension may be warranted due to 
outages of the EPA's Central Data Exchange or CEDRI that preclude an 
owner or operator from accessing the system and submitting a required 
notification is addressed in 40 CFR 63.9(k)(1). The situation where an 
extension may be warranted due to a force majeure event, which is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents an owner or 
operator from complying with the requirement to submit electronically 
as required by this rule, is addressed in 40 CFR 63.9(k)(2). Examples 
of such events are acts of nature, acts of war or terrorism, or 
equipment failure or safety hazards beyond the control of the facility. 
Finally, the EPA also proposed to amend 40 CFR 63.12(c) to specify that 
a delegated authority may not exempt sources from reporting 
electronically to the EPA when stipulated by this part.
    One commenter recommended that the CEDRI late-notification language 
in proposed 40 CFR 63.9(k)(1) and (2) should be stricken because air 
pollution control agencies already have experience in using enforcement 
discretion for addressing late notifications and that discretion should 
not be codified or limited by regulation. The commenter also argued 
that the full range of circumstances that could legitimately cause a 
late notification cannot be covered by the regulation, and the 
discretion to grant an extension should not be solely within the 
discretion of the Administrator. Another commenter did not support the 
proposed additional requirements detailing when late notifications are 
forgiven for a force majeure event or federal EPA computer glitch but 
not in other meritorious situations. Another commenter suggested that 
time extensions for electronic reporting should be allowed for 
circumstances other than CEDRI outage and force majeure events, which 
allow for other situation-specific reasons that may impact the 
reasonable ability of a facility to achieve timely electronic 
reporting.
    The EPA disagrees with the commenter that the reporting extension 
allowance for force majeure and CEDRI outage should be stricken. 
Granting an extension is at the discretion of the Administrator, which 
is defined in 40 CFR 63.2 to be ``the Administrator of the United 
States Environmental Protection Agency or his or her authorized 
representative (e.g., a State that has been delegated authority to 
implement the provisions of this part).'' The extension provision does 
not remove the authority of an air pollution control agency to grant an 
extension for those subparts for which they have been delegated 
authority. Further, the EPA disagrees with the commenters that other 
situations that are not included in these provisions are excluded from 
obtaining an extension to their reporting deadline. The extension 
provisions as proposed and finalized are limited to those circumstances 
out of control of the facility and provide clear direction on the 
process for requesting an extension. Facilities may still engage with 
the Administrator on any delays in submittal not specifically covered 
under the CEDRI outage or force majeure provisions. After consideration 
of public comments, the EPA is finalizing the extension provisions as 
proposed.
    The electronic submittal of the notifications addressed in this 
rulemaking will increase the usefulness of the notification; is in 
keeping with current trends in data availability and transparency; will 
further assist in the protection of public health and the environment; 
will improve compliance by facilitating the ability of delegated state, 
local, tribal, and territorial air agencies and the EPA to assess and 
determine compliance and the applicability of major and area source 
standards to a facility; and will ultimately reduce burden on regulated 
facilities, delegated air agencies, and the EPA. Electronic submittal 
also eliminates paper-based, manual processes, thereby saving time and 
resources and providing data quickly and accurately to the affected 
facilities, air agencies, the EPA, and the public. Moreover, electronic 
reporting is consistent with the EPA's plan \18\ to implement Executive 
Order 13563 and is in keeping with the EPA's Agency-wide policy \19\ 
developed in response to the White House's Digital Government 
Strategy.\20\ For more information on the

[[Page 73872]]

benefits of electronic reporting, see the memorandum, ``Electronic 
Reporting Requirements for New Source Performance Standards (NSPS) and 
National Emission Standards for Hazardous Air Pollutants (NESHAP) 
Rules,'' available in Docket ID No. EPA-HQ-OAR-2019-0282.
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    \18\ The EPA's ``Final Plan for Periodic Retrospective 
Reviews,'' August 2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \19\ ``E-Reporting Policy Statement for EPA Regulations,'' 
September 2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \20\ ``Digital Government: Building a 21st Century Platform to 
Better Serve the American People,'' May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
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3. 40 CFR 63.10 Recordkeeping and Reporting Requirements
    In the MM2A proposal, the EPA proposed to amend the recordkeeping 
requirements for applicability determinations in 40 CFR 63.10(b)(3) by 
adding text to clarify that this requirement applies to an owner or 
operator with an existing or new stationary source that is in a source 
category regulated by a standard established pursuant to CAA section 
112 but that is not subject to the relevant standard because of 
enforceable limitations on the source's PTE. Specifically, the EPA 
proposed removing the time limit for record retention in 40 CFR 
63.10(b)(3) and requiring that the records be maintained until the 
source becomes an affected major source subject to major source 
requirements under 40 CFR part 63.
    Many commenters supported the proposed amendment to remove the time 
limit for record retention such that sources that obtain new 
enforceable PTE limits are required to keep the required record of the 
applicability determinations for as long as the source continues to be 
an area source based on PTE limitations. While many commenters agreed 
with the removal of time limit in 40 CFR 63.10(b)(3), some commenters 
argued that major sources that reclassify to area sources should not be 
subject to additional recordkeeping requirements that do not apply to 
other area sources. These commenters argued that the EPA should not 
revise the 5-year record requirement for the applicability 
determinations because the EPA has not provided a proper justification 
for adding this requirement for ``reclassified'' area sources. The 
commenter noted that the EPA has not described any issue with respect 
to compliance of PTE limits and emission-standard applicability that 
arose from the existing 5-year recordkeeping requirement, nor has the 
EPA explained why area source recordkeeping requirements should differ 
based on temporal considerations. The commenters noted that title V 
major sources are subject to a 5-year records requirement for all 
applicability determinations used to support identification of 
applicable requirements and application of the title V permit shield, 
and this is consistent with the statute of limitations that generally 
allows only a 5-year period to enforce against alleged violations. The 
commenter argued that the EPA has not explained why area sources should 
be subject to more stringent recordkeeping requirements. These 
commenters stated that the change in the requirement would impose a 
burden on the facility without additional environmental protection, 
because 5 years is sufficient time considering that sources still need 
to report annually that they are in compliance. Some commenters also 
noted that if the EPA or an air pollution control agency has reason to 
doubt any source's exempt status, they can take action under CAA 
sections 113 and 114 or state/local/tribal ``Open Records'' analogs to 
obtain the necessary information.
    The EPA disagrees that the extended recordkeeping requirement as 
proposed applies disproportionately to reclassifying area sources or 
has any temporal consideration. The requirement to retain the 
applicability determination applies to all area sources that require an 
enforceable limitation on the source's potential to emit to not be 
subject to a relevant standard or other requirement established 
pursuant to CAA section 112. The requirement for an applicability 
determination is only relevant to these sources; the applicability 
determination itself, rather than the recordkeeping requirement, is the 
determining factor. The extension of the recordkeeping requirement is 
in the best interest of the source relying on an applicability 
determination to avoid CAA section 112 major source requirements, as 
many sources will rely on such determination for an extended period of 
time that can last beyond the 5 years. The EPA disagrees with the 
commenters that the revised record retention requirements are 
unnecessary due to annual reporting requirements. While many sources 
may have annual or semiannual reporting requirements after 
reclassifying into an area source rule, there are some major source 
NESHAP that do not have a corresponding area source standard. For these 
sources, the retention of the applicability determination enables the 
source to easily demonstrate that the major source standard does not 
apply without the potential additional burden of re-creating the 
applicability determination. The EPA agrees with the commenter that the 
EPA under CAA sections 113 or 114, and air pollution control agencies 
under their analogs, have the authority to request the necessary 
information; however, the retention of the applicability determination 
while the source continues to be an area source based upon that PTE 
limit and applicability determination provides a lesser burden to 
facilities compared to potentially re-creating the applicability 
determination. For the reasons presented above, the EPA is finalizing 
removing the time limit for record retention in 40 CFR 63.10(b)(3) and 
requiring that the records be maintained for as long as the source 
continues to be an area source based on PTE limitations.
    Other commenters requested clarification as to whether the amended 
recordkeeping requirement applies to sources that became area sources 
prior to the first substantive compliance date of a NESHAP standard or 
that reclassified after the 2018 MM2A Memorandum. In the preamble of 
the MM2A proposal, the EPA stated that this amendment was directed to 
sources that obtain new enforceable PTE limits. The EPA agrees that the 
proposed language was unclear as to the applicability of the 
recordkeeping provisions on sources with applicability determinations 
preceding the date of proposal. We have amended the regulatory text in 
40 CFR 63.10(b)(3) clarifying that the owner or operator must keep a 
record of the applicability determination on site at the source for a 
period of 5 years or until the source changes its operation to become 
an affected source subject to the relevant standard or other 
requirement established under this part, whichever comes first if the 
determination is made prior to January 19, 2021. For a determination 
made on or after January 19, 2021, the owner or operator must keep a 
record of the applicability determination until the source changes its 
operations to become an affected source subject to the relevant 
standard or other requirement established under this part. The EPA 
does, however, strongly recommend that all facilities retain their 
applicability determination for the time that the source continues to 
be an area source based upon that PTE limit and such applicability 
determination.
    In addition to the removal of the time limit for record retention, 
the proposal amended the text that describes the record of the 
applicability determination. In particular, the proposal clarified that 
the record must include an ``emissions'' analysis (or other 
information) that demonstrates the owner or operator's conclusion that 
the source is not subject to major source requirements. The analysis 
(or other

[[Page 73873]]

information) must be sufficiently detailed to allow the Administrator 
to make an ``applicability'' finding for the source with regard to the 
relevant standard or other requirements.
    With regard to the analysis for applicability determinations, some 
commenters expressed concern with the language that the applicability 
determinations ``should be performed in accordance with EPA guidance 
materials.'' The commenters stated that the language is vague and could 
create binding requirements that are not legislative rules and have not 
gone through required notice[hyphen]and[hyphen]comment rulemaking. The 
commenter suggested that the EPA should indicate that this is a 
recommendation rather than a requirement by stating: ``EPA recommends 
that the analysis be performed in accordance with EPA guidance 
materials . . . .'' The EPA disagrees that further clarification is 
necessary regarding the use of guidance documents in this context, as 
the use of EPA guidance materials was an element of the existing 
provisions of 40 CFR 63.10(b)(3). However, to avoid creating the 
impression of additional requirements being imposed due to the proposed 
edits to the language, the EPA is retaining the sentence of 40 CFR 
63.10(b)(3), which states: ``If relevant, the analysis should be 
performed in accordance with EPA guidance materials published to assist 
sources in making applicability determinations under CAA section 112, 
if any,'' as currently exists in the existing provision without 
finalizing the changes proposed to it.
    The commenters also suggested that the EPA clarify the 
applicability determination analysis for specific situations, and 
others advised that additional guidance could be incorporated into the 
regulation or the preamble to the final rule to recognize that sources 
often need to use best engineering judgment to estimate emissions from 
minor sources when assessing the PTE of a whole facility. The 
commenters then recommended that the EPA indicate that the level of 
detail and precision for potential to emit calculations can be lower 
for operations that contribute a relatively small amount to total 
facility HAP emissions. The wording in the proposed amendments are 
intended to clarify and to promote better understanding of the current 
recordkeeping requirements. The EPA did not propose a new view on how 
to estimate PTE and, relatedly, on how to do major source applicability 
determinations. In section VII of this preamble, we include references 
to our PTE guidance that may be of help to parties with questions about 
the EPA's views on these issues.
    The EPA also proposed to amend the recordkeeping requirements for 
records submitted through CEDRI by adding 40 CFR 63.10(g) to clarify 
that the records submitted through CEDRI may be maintained in 
electronic format. As proposed, this provision does not remove the 
requirement for facilities to make records, data, and reports available 
upon request by a delegated air agency or the EPA. We are not 
finalizing the proposed addition of 40 CFR 63.10(g) because the 
provision is redundant with 40 CFR 63.10(b)(1), which allows for 
storage of records on computer.

B. Amendments to Individual NESHAP General Provisions Applicability 
Tables

    The EPA proposed to amend the General Provisions applicability 
tables contained within most subparts of 40 CFR part 63 to add a 
reference to a new reclassification provision contained in 40 CFR 
63.1(c)(6) discussed in the section V.A of this preamble and add a 
reference to reflect the proposed CEDRI submission procedures of 40 CFR 
63.9(k) discussed above in section V.A of this preamble. We are 
finalizing the amendments to the General Provisions applicability 
tables as proposed. Additionally, the EPA identified four subparts 
containing the General Provision applicability requirements which did 
not properly reference the notification provisions. These subparts are 
40 CFR part 63 subparts G, H, II, and YY. Accordingly, we are also 
finalizing revisions to these applicability requirements of 40 CFR part 
63 subparts G, H, II, and YY to account for the final amendments to the 
General Provisions as described above in section V.A.

C. Amendments to Individual NESHAP

    At proposal, the EPA identified one general category of regulatory 
provisions in several NESHAP subparts that reflect the 1995 OIAI policy 
that requires revision pursuant to this action. This category of 
provisions addresses the date by which a major source can become an 
area source. We proposed to revise the following provisions: 40 CFR 
part 63, subpart QQQ at 63.1441; 40 CFR part 63, subpart QQQQQ at 
63.9485; 40 CFR part 63, subpart RRRRR at 63.9581; and Table 2 of 40 
CFR part 63, subpart WWWW. We solicited comment on whether there are 
any other regulatory provisions in any of the individual subparts that 
include OIAI provisions that should be revised pursuant to this action. 
The EPA received comments regarding multiple provisions in 40 CFR part 
63, subpart F at 63.100(b)(4); subpart I at 63.190(b)(7); subpart HH at 
63.760(a)(1); and subpart HHH at 63.1270. The EPA reviewed the 
provisions raised by commenters in these subparts and is including in 
this final rule revisions to the provisions in subpart HH at 
63.760(a)(1) and subpart HHH at 63.1270(a). The EPA is not making 
changes with respect to the identified provisions in subparts F and I 
at 63.100(b)(4) and 63.190(b)(7). The EPA sees these provisions as 
expired exclusion provisions, not OIAI provisions, that do not prevent 
a source from reclassifying to area source status.
    At proposal, we also identified several area source NESHAP 
containing notification provisions (i.e., initial notification) 
applicable to existing sources for which the dates have passed. We 
proposed to amend the following area source NESHAP that contain 
notification requirements for existing sources with specific deadlines 
that are in the past: 40 CFR part 63, subpart HHHHHH at 63.11175; 40 
CFR part 63, subpart XXXXXX at 63.11519; 40 CFR part 63, subpart YYYYYY 
at 63.11529; 40 CFR part 63, subpart AAAAAAA at 63.11564; 40 CFR part 
63, subpart BBBBBBB at 63.11585; 40 CFR part 63, subpart CCCCCCC at 
63.11603. Consistent with other area source NESHAP notification 
requirements, we proposed that, for an existing source that 
reclassifies from major to area source status, the notification shall 
be submitted no later than 120 calendar days after the source becomes 
subject to the relevant area source NESHAP requirements. Regarding 
whether there are any other individual subparts that would warrant 
modification because initial notification requirements are in the past, 
commenters pointed at the initial notification requirements in many of 
the major source NESHAP subparts. They stated that if an area source 
were to revert back to major source status, these initial notification 
requirements would have been in the past. The EPA reviewed the initial 
notification provisions of all NESHAP subparts and is including in this 
final rule amendments to the initial notification requirements within 
most NESHAP subparts to include additional language so that the 
notification shall be submitted no later than 120 calendar days after 
the source becomes subject to the relevant NESHAP requirements. The EPA 
is amending the initial notification requirements in the following 
subparts: 40 CFR part 63, subpart G at 63.151(b)(2) (i), (ii) and (ii); 
subpart H at 63.182(b)(2)(i), (ii), and (iii); subpart L at 63.311(a); 
subpart M at 63.324(g); subpart N at 63.347(c)(1); subpart Q at

[[Page 73874]]

63.405(a)(1) and (2); subpart S at 63.455(a); subpart T at 63.468(a), 
(b), (c), and (d); subpart Y at 63.567(b)(2) and (3); subpart DD at 
63.697(a)(1); subpart EE Table 1; subpart HH at 63.77(c)(1); subpart JJ 
Table 1; subpart KK at 63.830(b)(1)(i), subpart CCC at 63.1163(a)(3); 
subpart PPP at 63.1434(d) and (e), and at 63.1439(e)(3)(ii)(B) and (C); 
subpart QQQ at 63.1454(b); subpart UUU at 63.1574(b); subpart VVV at 
63.1591(a)(1) and (2); subpart DDDD at 63.2280(b); subpart EEEE at 
63.2382(b)(1) and (2); subpart FFFF at 63.2515(b); subpart GGGG at 
63.2860(a); subpart IIII at 63.3110(b); subpart JJJJ at 63.3400(b)(1); 
subpart KKKK at 63.3510(b); subpart MMMM at 63.3910(b); subpart NNNN at 
63.4110(a)(1); subpart OOOO at 63.4310(b); subpart PPPP at 63.4510(b); 
subpart QQQQ at 63.4710(b); subpart RRRR at 63.4910(b); subpart SSSS at 
63.5180(b)(1); subpart TTTT at 63.5415(b); subpart UUUU, Table 7; 
subpart XXXX at 63.6009(b); subpart YYYY at 63.6145(b); subpart ZZZZ at 
63.6645(b) and (d), subpart AAAAA at 63.7130(b) and (c); subpart BBBBB 
at 63.7189(b); subpart CCCCC at 63.7340; subpart DDDDD at 63.7545(b) 
and (c), subpart EEEEE at 63.7750(b); subpart FFFFF at 63.7840(b); 
subpart GGGGG at 63.7950(b) and (c); subpart HHHHH at 63.8070(b)(1); 
subpart IIIII at 63.8252(b); subpart JJJJJ, Table 8; subpart KKKKK, 
Table 9; subpart LLLLL at 63.8692(b), subpart MMMMM at 63.8816(b); 
subpart NNNNN at 63.9045(b), subpart PPPPP at 63.9345(b)(1); subpart 
QQQQQ at 63.9535(c); subpart RRRRR at 63.9640(b); subpart SSSSS at 
63.9812(b); subpart TTTTT at 63.9930(b); subpart BBBBBB at 63.11086(e) 
and Table 3; subpart CCCCCC at 63.11124(a)(1), (b)(1), and Table 3; 
subpart HHHHHH at 63.11175(a); subpart PPPPPP at 63.11425(b) and (c); 
subpart QQQQQQ at 63.11432(b) and (c); subpart RRRRRR at 63.11441(a); 
subpart TTTTTT at 63.11469(a); subpart WWWWWW at 63.11509(a)(3); 
subpart XXXXXX at 63.11519(a)(1); subpart YYYYYY at 63.11529 (a); 
subpart AAAAAAA at 63.11564(a)(2); subpart BBBBBBB at 63.11585(b)(1); 
and subpart CCCCCCC at 63.11603(a)(1).

VI. Other Considerations

A. PTE Determination

    In the MM2A proposal, the EPA included a background discussion 
associated with the HAP PTE determination. The discussion was intended 
to provide context for evaluating whether the EPA should include in the 
General Provisions to 40 CFR part 63 certain elements of the Federal 
Minor New Source Review Program in Indian Country, which included 
application content requirements in those rules as well as the proposed 
hierarchy of acceptable data and methods a source seeking 
reclassification would use to calculate and determine the source PTE. 
We received many comments regarding PTE determinations, including 
suggestions for clarification on how to do these calculations, which 
are already addressed in guidance. See section VII of this preamble for 
additional information regarding implementation of PTE limits and the 
EPA guidance addressing related topics. Importantly, at this time, the 
EPA is not taking final action on whether to include in the General 
Provisions a hierarchy of data and methods for calculating PTE. The EPA 
will continue to evaluate whether there is a need to issue guidance or 
rulemaking for such hierarchy and methods in the future.
    In the MM2A proposal, the EPA requested comments on whether it 
would be appropriate to include in the General Provisions of 40 CFR 
part 63 the minimum requirements for the information that a major 
source of HAP must submit to its regulatory authority when seeking to 
obtain PTE limitations to reclassify as area sources under section 112 
of the CAA, similar to the information included in a synthetic minor 
source permit application under Tribal Minor New Source Review. Most of 
the industry and state commenters asserted that regulatory authorities 
should retain authority to determine what a major source must submit to 
reclassify. They argued that these requirements already exist in 
federal, state, and local rules, and asking state and local governments 
to add new regulatory requirements onto programs that already provide 
for the creation and enforcement of synthetic minor limits would be an 
unnecessarily burdensome administrative resource drain. The EPA agrees 
with commenters that the addition of minimum requirements for the 
information that a major source of HAP must submit to its regulatory 
authority when seeking to obtain PTE limitations to reclassify as area 
sources under section 112 of the CAA ignores that permitting 
authorities already have permit application requirements under their 
programs. Also, the EPA has reconsidered that permit application 
requirements for PTE programs would be more appropriate under 40 CFR 
part 63, subpart E and is not including such requirements in the final 
rule. See section VII of this preamble. This position does not, 
however, alter how the EPA will apply the policy that the Agency has 
been following since 1995, which allows for any physical or operational 
limitation on the capacity of the stationary source to emit a pollutant 
(such as air pollution control equipment and restrictions on hours of 
operation or on the type or amount of material combusted, stored, or 
processed), to be treated as part of its design if the limitation or 
the effect it would have on emissions is federally enforceable or 
legally enforceable by a state or local permitting authority and 
practicably enforceable.

B. Reclassification Process and Permitting

    The proposal addressed questions from sources and permitting 
authorities regarding permit process, mechanisms, and the requirements 
for reclassifying to area source status for 40 CFR part 70 sources. 
These questions were brought to our attention per our request in the 
MM2A Memorandum about specific situations that may need to be 
considered at proposal. The purpose of the discussion was to inform 
stakeholders about our expectations on how the reclassification process 
will work in those specific circumstances. The EPA did not propose 
changes to any of the rules for the permitting programs or to their 
interpretation. Below, we clarify the related proposal preamble 
discussion, since it may have introduced ambiguity about our 
interpretation of the regulations.
    Stakeholders asked the EPA to clarify whether a reclassified source 
continues to have an obligation to comply with the major source 
requirements in their title V permit that were included solely to 
comply with the OIAI policy. These scenarios consisted of sources that 
no longer have the maximum capacity to emit HAP in amounts that exceed 
major source thresholds because of physical or operational limitations 
but whose title V permit still includes major source NESHAP 
requirements. (Often, the operational limitations are enforceable 
limitations the source has taken to avoid major source requirements in 
the future, in agreement with the OIAI policy.) The proposal's preamble 
acknowledged that in that case the source is an area source under the 
CAA section 112 definition, but it still must comply with its title V 
permit terms and conditions until the permit is revised or revoked in 
agreement with the title V permitting authority that issued the permit. 
The proposal's preamble advised that sources must follow the permitting 
authority's procedures for permit modification or closure. We continue 
to stand by our view that the permitting

[[Page 73875]]

authority will be in the best position to help a source decide on the 
appropriate procedures under the specific program rules to reconcile 
permitting obligations.
    The preamble illustrated, with examples, how situations may differ 
and that we expect those differences to require different procedures. 
The proposal concluded that in a hypothetical situation when the major 
source NESHAP permit terms are relied upon to demonstrate compliance 
with some other applicable requirement (e.g., in the case of 
streamlining the permit conditions), concurrently with their removal, 
the permitting authority may need to reevaluate the MRR for applicable 
requirements remaining in the permit and that the regulations in 40 CFR 
part 71 would require a significant modification to add these 
requirements to a title V permit. With regard to this advice, 
commenters argued that the EPA misspoke in the proposal as to the 
appropriate process for 40 CFR part 71 sources. The commenters argued 
that revising the 40 CFR part 71 permit to reflect a change in 
applicable requirements may not always require a significant 
modification to a title V permit, and the EPA provided no explanation 
in the proposal for this cursory conclusion relative to 40 CFR part 71. 
The EPA first clarifies that the explanation in the proposal about the 
procedures that apply to the changes in the scenarios presented reflect 
the EPA's current view regarding the 40 CFR part 71 permitting 
authority for a general case and does not imply that a particular 
situation may not merit a different treatment based on the facts and 
the 40 CFR part 71 regulations. The basis for the EPA conclusion in the 
preamble is that removing non-applicable NESHAP requirements would 
almost always involve significant changes to monitoring, recordkeeping, 
and/or reporting, and, thus, the modification would not qualify as a 
minor modification under 40 CFR 71.7(e)(1)(i)(2). This is especially 
true if revised monitoring requirements must be added to substitute for 
removed NESHAP monitoring requirements. However, we recognize that the 
procedures will generally depend on the program regulations and the 
facts of the situation. While the commenter does not provide a 
compelling argument to change our view on the permit modification 
procedures that would most likely apply for removing no-longer-
applicable requirements from a 40 CFR part 71 permit, a source is free 
to show that in its situation the changes to existing monitoring, 
reporting, or recordkeeping, etc., due to the removal of the no-longer-
applicable requirements are not significant. Importantly, the EPA did 
not propose changes to, and this final rule does not make any changes 
to, the 40 CFR part 70 or 71 rules and is not prejudging any future 
proposed process for modifying any 40 CFR part 71 permits.
    The EPA received multiple comments regarding the public notice and 
comment procedures associated with reclassification. As discussed below 
in section VII, the EPA is not taking action on the proposed 
effectiveness criteria for PTE limits at this time and is continuing to 
consider the comments received on this aspect of the MM2A proposal. The 
EPA intends to take final action on this aspect of the MM2A proposal in 
a separate final action at a later date. Notwithstanding this, on the 
issue of public notice and comment procedures currently in use for 
reclassifications, the EPA reiterates that, consistent with our long-
standing policy, regulatory agencies implement public notice and 
comment procedures for state, local, and tribal programs as required 
under their regulations and statutes. The authority under which the PTE 
limits are issued contain issuance procedures, including any procedures 
for public notice and comment. Importantly, regulatory authorities use 
different issuing mechanisms depending on the complexity of the PTE 
limits required for the situation and the pollutants addressed. 
Typically, states issue enforceable PTE limits for individual sources 
in a SIP construction permit or a synthetic minor type of operating 
permit (e.g., operating permits other than title V permit). States can 
also utilize less burdensome mechanisms for limiting PTE, such as 
general permits for source categories, permits by rule, or registration 
programs, as appropriate. Regardless of the mechanism used to issue an 
enforceable PTE limit, the regulatory agency must follow the applicable 
procedures for that mechanism, including providing for public notice 
and comment when required.
    Some commenters on the proposal asserted that the EPA had failed to 
analyze federalism implications of the proposal. According to the 
commenters, states also rely on title V permitting fees to support 
permitting, monitoring, and enforcement of title V sources, and the EPA 
had not considered how states will do so with the loss of title V funds 
since area sources are frequently exempted from title V. The commenters 
stated that the EPA had a duty to consult with state and local 
governments for proposed rules with federalism implications and 
substantial compliance costs. The EPA disagrees that this action 
imposes substantial compliance costs to state and local governments. As 
the EPA explained in section IV of this preamble, the OIAI policy 
imposed a time constraint on the ability of a source to change its 
status for purposes of applicability with CAA section 112 standards 
that is not found in the statute. This action simply implements the 
plain language reading of the statutory definitions of major source and 
area source which contain no language fixing a source's status at any 
particular point in time and contain no language suggesting a cutoff 
date after which the source's status cannot change. This rule explains 
what sources must do if and when they elect to reclassify and does not 
change the standards established under CAA section 112 nor it changes 
the permitting authority programs that are used for processing 
reclassifications.

VII. Interim Ministerial Revision of 40 CFR Part 63 PTE Definition

    The definition of PTE in 40 CFR 63.2 interprets the statutory term 
``potential to emit'' found in the definition of a major source in 
section 112 of the CAA and provides a legal mechanism for sources that 
wish to restrain their emissions to avoid triggering major source 
requirements. Under the PTE definition in 40 CFR 63.2 promulgated in 
1994, any physical or operational limitation on the capacity of the 
stationary source to emit a pollutant, including air pollution control 
equipment and restrictions on hours of operation or on the type or 
amount of material combusted, stored, or processed, shall be treated as 
part of its design if the limitation or the effect it would have on 
emissions is federally enforceable.\21\ In National Mining Association 
(NMA) v. EPA, 59 F.3d 1351 (D.C. Cir. 1995), the D.C. Cir. remanded the 
definition of ``potential to emit'' found in 40 CFR 63.2 to the EPA to 
justify the requirement that physical or operational limits be 
``federally enforceable.'' The NMA decision confirmed that the EPA has 
an obligation to ensure that limits considered in determining a 
source's PTE are effective, but it stated that the Agency had not 
adequately explained how ``federal enforceability'' furthered 
effectiveness. 59 F.3d at 1363-1365.
---------------------------------------------------------------------------

    \21\ See 40 CFR 63.2 definition of ``federally enforceable'' 
available at https://ecfr.io/Title-40/se40.11.63_12.
---------------------------------------------------------------------------

    In the MM2A proposal, the EPA proposed specific criteria that PTE 
limits must meet for these limits to be effective. The EPA also 
proposed to amend the definition of ``potential to

[[Page 73876]]

emit'' in 40 CFR 63.2 accordingly by removing the requirement for 
federally enforceable PTE limits and requiring instead that HAP PTE 
limits meet the effectiveness criteria of being both legally 
enforceable and practicably enforceable. The EPA also proposed to amend 
40 CFR 63.2 to include the definitions of ``legally enforceable'' and 
``practicably enforceable'' described in the MM2A proposal. The EPA 
then took comment on the effectiveness criteria and the proposed 
amendments to 40 CFR 63.2.
    The EPA received significant comments from many stakeholders on the 
proposed effectiveness criteria and proposed amendments to 40 CFR 63.2. 
One of the main concerns raised by stakeholders in their comments is 
the interactions and effects of the proposed amendments with other CAA 
programs, including prevention of significant deterioration (PSD), NSR, 
SIP, and title V, and the impacts of the proposed amendments to 
existing state, local, and tribal agency rules. The EPA is not taking 
action on the proposed amendments to 40 CFR 63.2 at this time and is 
continuing to consider the comments received on this aspect of the MM2A 
proposal. The EPA intends to take final action on this aspect of the 
MM2A proposal in a separate final action at a later date.
    In the meantime, the EPA is making an interim ministerial revision 
to the definition of ``potential to emit'' in 40 CFR 63.2. 
Specifically, the Agency is removing the word ``federally'' from the 
phrase ``federally enforceable'' in the definition of ``potential to 
emit.'' A few points need to be made to explain what this interim 
ministerial revision is and what it is not. First, this revision is not 
the EPA's final decision and should not be read to suggest that the EPA 
is leaning towards or away from any particular final action on this 
aspect of the proposal. This revision is simply an interim revision to 
cover the period of time while the EPA continues to consider the 
comments on this aspect of the proposal and until the Agency takes 
final action with respect to the proposed amendments concerning the 
proposed effectiveness criteria and proposed amendments to 40 CFR 63.2. 
Second, this revision is ministerial because it merely reflects the NMA 
decision, which held that the EPA had not explained why a PTE limit had 
to be ``federally enforceable'' to be considered as the basis for 
reclassifying a major source to area source status. See NMA v. EPA, 59 
F.3d at 1363-1365.\22\ Again, this revision does not represent a final 
decision by the EPA or signal any direction that the EPA is intending 
to take in a future final action. It simply makes a ministerial change 
to the regulatory text that appears in the CFR to reflect the NMA 
decision.
---------------------------------------------------------------------------

    \22\ The EPA notes that in two subsequent decisions, the D.C. 
Cir. relied on the NMA decision and presented no additional legal 
analysis. In Chemical Manufacturers Assoc, v. EPA, 70 F.3d 637 (D.C. 
Cir. 1995), the D.C. Cir. reviewed a ``federally enforceable'' 
limitation in the PTE definition in the PSD and NSR regulations and 
both vacated and remanded the federal enforceability requirement in 
those provisions with a three sentence decision that provided no 
additional analysis and simply referenced the NMA decision: 
``Petitioners challenge regulations of the Environmental Protection 
Agency that define the term ``potential to emit'' to exclude 
controls and limitations on a source's maximum emissions capacity 
unless those controls are federally enforceable. We recently decided 
a similar challenge in National Mining Association v. EPA, 313 U.S. 
App. D.C. 363, 59 F.3d 1351 (D.C. Cir. 1995). Accordingly, it is 
ordered and adjudged that the regulations are vacated and the case 
is remanded to the Environmental Protection Agency for 
reconsideration in light of National Mining Association.'' In Clean 
Air Implementation Project v. EPA, No 96-1224 1996 WL 393118 (D.C. 
Cir., Jun. 28, 1996) (CAIP), the D.C. Cir. also vacated and remanded 
the federal enforceability requirement in the title V (40 CFR part 
70) regulations.
---------------------------------------------------------------------------

    Further, this interim ministerial revision does not alter any 
rights or legal consequences and simply preserves the status quo that 
has been in effect since the late 1990s. This revision will not change 
how the EPA will apply the transitional policy that the Agency has been 
following since 1995. By removing the word ``federally,'' the EPA hopes 
to avoid any ongoing confusion about how the transitional policy is 
applied. This transitional policy allows for any physical or 
operational limitation on the capacity of the stationary source to emit 
a pollutant (such as air pollution control equipment and restrictions 
on hours of operation or on the type or amount of material combusted, 
stored, or processed) to be treated as part of its design if the 
limitation or the effect it would have on emissions is federally 
enforceable or legally enforceable by a state or local permitting 
authority and practicably enforceable.
    For implementing reclassifications in the interim, state programs 
may use PTE guidance they have developed for their programs and/or may 
also continue to rely on the EPA PTE guidance. As noted in the proposal 
preamble, there is a substantial body of EPA guidance and 
administrative decisions relating to PTE and PTE limits.\23\
---------------------------------------------------------------------------

    \23\ There is a substantial body of EPA guidance and 
administrative decisions relating to PTE and PTE limits. E.g., see 
generally, Terrell E. Hunt and John S. Seitz, ``Limiting Potential 
to Emit in New Source Permitting'' (June 13, 1989); John S. Seitz, 
``Options for Limiting the Potential to Emit (PTE) of a Stationary 
Source Under Section 112 and Title V of the Clean Air Act'' (January 
25, 1995); Kathie Stein, ``Guidance on Enforceability Requirements 
for Limiting Potential to Emit through SIP and Sec.  112 Rules and 
General Permits'' (January 25, 1995); John Seitz and Robert Van 
Heuvelen, ``Release of Interim Policy on Federal Enforceability of 
Limitations on Potential to Emit'' (January 22, 1996); ``In the 
Matter of Orange Recycling and Ethanol Production Facility, Pencor-
Masada Oxynol, LLC,'' Order on Petition No. II-2001-05 (April 8, 
2002) at 4-7.
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VIII. Summary of Cost, Environmental, and Economic Impacts

    In this section, the EPA summarizes the findings of several 
analyses that we conducted to assess the cost, environmental, and 
economic impacts of the final rule. It is important to restate that the 
final rule does not require any source to reclassify to area source 
status. Each source must assess its own circumstances to determine 
whether it is feasible and advantageous to undergo the reclassification 
process. The unique nature of each source's decision process makes it 
difficult for the EPA to determine the number and type of sources that 
may choose to reclassify under this rule. Because of this, the EPA can 
only present illustrative analyses concerning the impacts of this final 
rule.
    For the final rule analyses, based on comments received on the data 
used for the overall analyses for the MM2A proposal, the EPA updated 
the MM2A database, removed double counting of facilities, and expanded 
the number of source categories evaluated for cost, environmental, and 
economic impacts. The updated MM2A database contains data from the 2017 
National Emissions Inventory (NEI), data collected to conduct residual 
risk and technology reviews (RTR) under sections 112(d)(6) and 112(f) 
of the CAA (henceforth referred to as RTR modeling file data), and data 
from the EPA's Enforcement and Compliance History On-line (ECHO) 
database. The EPA used the RTR modeling file data and NEI data to 
estimate the number of facilities in each of 74 source categories and 
the number of sources within those facilities that could be eligible to 
reclassify from major to area source status. We used the ECHO data to 
estimate the number of facilities in 27 additional source categories 
for which we did not have RTR modeling file data, and we then used an 
extrapolation methodology to approximate the number of facilities 
within these 27 source categories that could be eligible to reclassify 
from major to area source status.\24\
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    \24\ There are about 114 major source categories subject to 
NESHAP. The EPA determined that 13 source categories are not 
impacted by this rule and did not include these categories in the 
costs or impacts analyses. For the remaining categories, 74 were 
analyzed using RTR modeling file data while 27 were analyzed using 
an extrapolation approach.

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[[Page 73877]]

    As a result of updates to the MM2A database, the number of 
facilities estimated to be subject to major source NESHAP has been 
reduced from 7,920 at proposal to 7,187. The detailed methods applied 
to update the MM2A database and estimate the number of facilities 
subject to major source NESHAP for purposes of the final rule analyses 
are described in the TSM titled ``Documentation of the Data for 
Analytical Evaluations and Summary of Industries Potentially Impacted 
by the Final Rule titled Reclassification of Major Sources as Area 
Sources Under Section 112 of the Clean Air Act,'' which is included in 
the docket for this action.

A. Analytical Scenarios

    The potential costs and cost savings presented in the final cost 
memorandum and RIA are the result of an illustrative assessment. It is 
unknown how many major sources would choose to take enforceable PTE 
limits to levels below the MST and reclassify to area source status. If 
a source voluntarily chooses to reclassify to area source status, it 
will no longer be subject to previously applicable major source NESHAP, 
which may result in compliance cost savings for the source. However, 
the source will be required to comply with any applicable area source 
NESHAP in response to reclassification, which could result in some 
compliance costs. Facilities will also have costs associated with 
applying to modify the facility's operating permit when they reclassify 
from major to area source status. Regulatory agencies will also have 
costs to process those applications. Overall, the sum of costs and cost 
savings of all actions taken to reclassify under this rule is expected 
to be a net annual cost savings.
    To illustrate the potential emissions changes, costs, and economic 
impacts of the final rule, we analyzed the same three illustrative 
analytical scenarios as at proposal. The primary analytical scenario 
analyzes the sources with actual emissions below 75 percent of the MST 
(7.5 tpy of a single HAP or 18.75 tpy of all combined HAP). Alternative 
scenario 1 analyzes facilities with actual emissions below 50 percent 
of the MST (5 tpy for a single HAP and 12.5 tpy for all HAP). 
Alternative scenario 2 analyzes sources with actual emissions between 
75 percent and 125 percent of the MST (12.5 tpy for a single HAP and 
31.25 tpy for all HAP).
    The primary analytical scenario considers that sources will 
normally build a compliance margin into their operations to ensure that 
their emissions remain below the MST and they do not revert to major 
source status. Some commenters suggested that the EPA should conduct 
its analyses based on the assumption that all sources will emit up to 
the MST, or the Agency should analyze a scenario with a smaller 
compliance margin (i.e., at 90 percent of the MST). The appropriate 
compliance margin to apply is specific to each facility and its 
operating experience. Some reclassified sources may choose to operate 
10 percent below the MST while others may choose to maintain a larger 
compliance margin to ensure they do not jeopardize their area source 
status. In addition, some facilities operating slightly above the MST 
may opt for reclassification to area source status by taking PTE 
limitations and reducing emissions to a level below the MST. Therefore, 
we provide illustrative analyses of potential changes in costs and 
emissions at various compliance margins. The level of actual emissions 
relative to the MST at which facilities may consider participating in 
the MM2A reclassification process is actually a continuous line from 
some level below the MST to a reasonable level above the MST, and our 
illustrative analyses include three points on this continuous line to 
estimate the potential impacts of different compliance margins on 
participation under this final rule. In this section, we present the 
primary illustrative scenario and two alternative scenarios, one above 
and one below the primary scenario.
    While different compliance margins could be evaluated, the EPA has 
greater confidence in the primary illustrative scenario where sources 
at or below 75 percent of the MST can maintain emissions below the MST 
and thus may be more likely to opt for reclassification. Sources in the 
MM2A database operating between 50 and 75 percent of the MST, and those 
operating between 75 and 125 percent of the MST, are also addressed in 
our analyses, in the first and second alternative scenarios, 
respectively. These alternative scenarios address the impacts of 
sources at alternative compliance margins as suggested by commenters. 
In addition to these analytical scenarios, the updates to the MM2A 
database detailed in the TSM titled ``Documentation of the Data for 
Analytical Evaluations and Summary of Industries Potentially Impacted 
by the Final Rule titled Reclassification of Major Sources as Area 
Sources Under Section 112 of the Clean Air Act'' presents the 
incremental count of facilities at 90 and 100 percent of the MST to 
illustrate a comparison of the difference between the number of 
facilities in the database operating in the primary scenario and these 
alternative views suggested by commenters.\25\
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    \25\ See the Response to Comments document for a detailed 
rationale for the selection of analytical scenarios for the final 
rule and the EPA's reasoning for not evaluating impacts at 90 
percent of the MST.
---------------------------------------------------------------------------

B. Cost Analysis

    For the illustrative cost analysis conducted for the final rule, 
the EPA analyzed: (1) Facilities with actual emissions below each 
analytical threshold, (2) the costs that we estimated to be incurred by 
the facilities associated with permitting actions necessary to obtain 
area source status, (3) the costs that we estimated to be incurred by 
permitting authorities associated with permitting actions necessary to 
process permit applications for facilities requesting reclassification, 
and (4) cost-savings estimates based solely on estimated reductions in 
labor burden related to MRR requirements that would either no longer 
apply or would change based on the specific requirements in the major 
source NESHAP rules and any area source NESHAP rules that apply to a 
particular source category. As part of the overall analysis of the 125-
percent alternative scenario, we examined the potential control costs 
for major sources in eight source categories that may opt to further 
reduce HAP emissions in order to reclassify to area source status. 
Details of this potential control cost analysis are presented in the 
TSM titled ``Analysis of Illustrative 125% Scenario for MM2A Final--
Potential Cost Impacts from HAP Major Sources Reducing Emissions as 
part of Reclassifying to HAP Area Sources'' which is available in the 
docket for this action. The details of the cost analysis are presented 
in the TSM titled ``Documentation of the Compliance Cost Savings 
Analysis for the Final Rulemaking Reclassification of Major Sources as 
Area Sources Under Section 112 of the Clean Air Act'' and also are 
summarized in the RIA. All of these documents are available in the 
docket for this action.
    The illustrative cost analysis presents estimates of the final 
rule's net costs (or savings) over two time periods. The first estimate 
assumes that all potential reclassifications that might occur as a 
result of this rulemaking with take place within 1 year of promulgation 
(i.e., by 2021). The second estimate assumes that not all the 
reclassifications will occur within 1 year after the MM2A rule is 
finalized, and instead are assumed to occur over a more extended period 
of time.

[[Page 73878]]

    For the first illustrative cost analysis, Year 1 costs include the 
cost for each facility to apply for and obtain an area source or 
synthetic minor permit or a title V permit modification and for the 
regulatory agencies to review and approve those applications and issue 
the permits. These permitting costs to the facilities and state 
agencies are one-time costs and occur only in Year 1 when a facility 
reclassifies. Then, in Year 2 and beyond, facilities do not incur the 
cost to process a reclassification and the net costs (or savings) are 
the sum of the projected annual cost savings from not having to comply 
with the major source NESHAP MRR requirements and the estimated cost of 
compliance with applicable area source NESHAP requirements. These 
projected savings are expected to continue for each reclassified 
facility each year beyond the second year, for there is no time 
specified for review of reclassifications under the CAA. The permitting 
costs to the facilities and the permitting costs to the regulatory 
agencies are not included in the second year because it is assumed the 
permitting changes are all completed in the year the source submits an 
application for reclassification and no action is needed in subsequent 
years in relation to this action.
    However, based on the number of potential reclassifications 
discussed in this analysis, we can confidently conclude that not all of 
the reclassifications will occur in the first year after the rule is 
issued. The timing of a reclassification is influenced by several 
considerations, including time for facilities to determine whether it 
is in their best interest to reclassify, time to prepare applications 
for reclassification, and time for permitting authorities to review 
applications and process reclassification requests. There is also time 
allotted for the EPA to review determinations by permitting authorities 
and for public participation in the process. Therefore, it is 
reasonable to assume that not all the reclassifications will occur 
within 1 year after the MM2A rule is finalized, and instead the 
reclassifications assessed in the cost analysis are assumed to occur 
over a more extended period of time. To illustrate the spread of costs 
over time, the EPA also presents a 5-year outlook of costs and cost 
savings.
    A summary of the results of the potential costs and cost savings 
across different types of source categories from the illustrative cost 
analysis for Year 1 and Year 2 and beyond is presented in Table 2. 
Results are presented for the 74 source categories evaluated using RTR 
modeling data and the 27 source categories that were evaluated using 
the extrapolation approach.

    Table 2--Illustrative Net Costs (or Cost Savings) of Final MM2A Rule for the Primary Analytical Scenario
----------------------------------------------------------------------------------------------------------------
                                                                                                 Potential net
                                                                                                annual costs (or
                                                          Total number of    Facilities with    cost savings) in
                Source category coverage                     facilities      actual emissions  2017$ for Year  1
                                                          subject to major   below 75 percent   2 4 and Year 2 3
                                                           source NESHAP       of the MST 1       4 and beyond
 
----------------------------------------------------------------------------------------------------------------
Source categories with RTR data (74 categories)........              4,068              1,614        $10,147,526
                                                                                                    (56,137,515)
Extrapolated source categories (24 categories) \5\.....              1,294                266          1,680,049
                                                                                                     (9,030,684)
Industrial, commercial, and institutional boilers and                1,821                687          4,319,300
 process heaters (3 categories) \5\....................                                             (25,456,533)
                                                        --------------------------------------------------------
    Total (101 source categories)......................              7,183              2,567         16,146,875
                                                                                                    (90,624,732)
----------------------------------------------------------------------------------------------------------------
\1\ Results are for sources with actual emissions below 75 percent of the MST (i.e., 7.5 tpy for one HAP and
  18.75 tpy for combined HAP).
\2\ Costs incurred by sources and permitting authority assumed in year 1.
\3\ Year 2 impacts are also representative of annual impacts to all reclassified major sources in all subsequent
  years in the future. Numbers in parenthesis are negative and reflect cost savings.
\4\ The analytic timeline begins in 2021 and continues thereafter for an indefinite period. Year 1 impacts are
  those for 1 year after reclassification of a major source with reclassifications beginning in 2021, and year 2
  impacts are those for the second year after reclassification of a major source and annually afterwards.
\5\ Extrapolated using the EPA's ECHO data.

    Table 3 presents the illustrative potential cost (or cost savings) 
impact of the final rule over time for the primary analytical scenario. 
We present the impacts over a 5-year outlook that assumes all sources 
in our analysis will reclassify over that timeframe and that the 
reclassifications will be evenly distributed over that period.

                Table 3--Illustrative Net Costs (or Cost Savings) of the Final MM2A Rule Over Time for the Primary Analytical Scenario *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Distribution of costs (or cost savings) over a 5-year period ($2017)
                 Source category coverage                 ----------------------------------------------------------------------------------------------
                                                                  2021               2022               2023               2024              2025+
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source categories with RTR data (74 categories)..........         $2,536,882      $(11,497,497)      $(25,531,875)      $(39,566,254)      $(56,137,515)
Extrapolated Source Categories (24 categories)...........            420,012        (1,837,658)        (4,095,329)        (6,353,000)        (9,030,684)

[[Page 73879]]

 
Industrial, Commercial, and Institutional Boilers and              1,079,825        (5,284,308)       (11,648,441)       (18,012,574)       (25,456,533)
 Process Heaters (3 categories)..........................
                                                          ----------------------------------------------------------------------------------------------
    Total (101 Source categories)........................          4,036,719       (18,619,464)       (41,275,647)       (63,931,830)       (90,624,732)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* These results reflect the aggregate of costs and cost savings for all facilities by year of impact.
Estimates for 2025 are also representative of all subsequent years.

    The EPA also calculated the PV of the illustrative cost savings for 
the main illustrative scenario. The PV is the value of a stream of 
impacts over time, discounted to the current (or nearly current) year. 
The PV of the cost savings for the primary illustrative scenario is 
$0.86 billion (in 2017 dollars) at a discount rate of 7 percent, which 
is discounted to 2020. At a discount rate of 3 percent, the PV is $1.50 
billion (in 2017 dollars), again discounted to 2020. Another measure of 
the annual cost savings to complement the estimates in Table 2 is the 
EAV. This annual impact estimate is calculated consistent with the PV. 
The EAV is $67 million (2017 dollars) at a 7-percent discount rate for 
the primary scenario. At a 3-percent discount rate, the EAV is $75 
million (2017 dollars). The PVs and EAVs for each alternative scenario 
and discount rate in 2017 and 2016 dollars can be found in the RIA for 
the final rule.

C. Environmental Analysis

    At proposal, to assess the potential environmental emissions 
impacts associated with the reclassification of sources, the EPA 
reviewed permits and other information for 34 sources that had 
reclassified to area source status consistent with the EPA's plain 
language reading of the CAA section 112 definitions of ``major'' and 
``area'' source since January 2018. The review of these 
reclassifications provided a representation of the potential real-world 
impacts on emissions by looking at the facts and circumstances of 
actual reclassification actions. In addition to the evaluation of the 
reclassification actions, at proposal the EPA also performed an 
illustrative assessment for six source categories: Wood Furniture 
Manufacturing Operations, Surface Coating of Metal Cans, Surface 
Coating of Miscellaneous Metal Parts and Products, Wet-Formed 
Fiberglass Mat Production, Hydrochloric Acid Production, and Non-
Gasoline Organic Liquids Distribution. The analysis of these six source 
categories was informative in some respects but was only illustrative 
and speculative in nature and only presented a range of possible 
outcomes dependent on the assumptions that we made in the assessment. 
The EPA received numerous comments on the emissions analyses presented 
at proposal. Many commenters argued that the EPA had failed to 
adequately assess the effects of the rule on HAP emissions and did not 
perform any health impact analysis. These commenters argued the EPA did 
not include enough source categories in the emissions analysis at 
proposal to draw reasonable conclusions. Commenters also opined that 
the analysis of the actual reclassifications relied on a small sample, 
and a few speculated that we had ``cherry picked'' permits to review.
    For the final rule, the EPA expanded the emissions impact analysis 
in several ways to address these comments. We enhanced the MM2A 
database to include more source categories with detailed data and 
improved the methodology for analysis based on public comments. We also 
expanded the review of reclassification actions to include the review 
of 35 additional reclassifications received from March 2019 through 
February 2020.\26\ This allowed us to more than double the number of 
reclassifications reviewed for the final rule. The details and results 
of the analysis of 69 reclassification actions are summarized below and 
presented in detail in the Review of Reclassification Actions TSM for 
the final rule, which is available in the docket for this action.\27\ 
The EPA received several comments on the permit reviews completed for 
the proposal; we have considered the input from commenters in the 
review of the reclassifications included in the final analysis. 
Finally, we also expanded the illustrative analysis of impacts on the 
program from the six source categories reviewed at proposal to 72 
source categories. The 72 source categories included in the 
illustrative analysis represent a broad array of the sources subject to 
major source NESHAP requirements and the types of sources that could 
seek reclassification to area source status under this final rule. We 
discuss the reclassification actions reviewed and the illustrative 
analyses of source categories in detail below. Our analysis indicates 
that 68 of the 69 sources that have reclassified will not increase 
emissions. In addition to this review of actual reclassification 
actions, the EPA also prepared an illustrative analysis for 72 source 
categories in the major source NESHAP program (114 total) to evaluate 
the potential emissions impacts. After consideration of the information 
and data available for the illustrative emissions analysis, we found 
that 65 source categories will not change emissions as a result of the 
rule. For the other seven source categories, there was a potential for 
(but not a certainty of) emissions increases based on conservative 
assumptions that are likely to overstate the change in emissions at 
some facilities. As is discussed throughout this preamble and in the 
TSMs and RIA, any analysis of impacts includes uncertainties, and each 
subsequent level of analysis compounds the uncertainties to a much 
greater level. Given the compounding of uncertainty and illustrative 
nature of the analysis, further quantification of effects of these 
emissions increases would not be reliable or informative. Instead, we 
present a qualitative discussion of benefits and disbenefits in the 
benefits/disbenefits subsection of impacts below. Further information 
of the analyses and findings are presented below.
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    \26\ The EPA obtained information about these reclassifications 
through the normal course of business with the permitting 
authorities that notify us of permitting actions within their 
jurisdictions.
    \27\ See TSM titled ``Review of Reclassification Actions for the 
Final Rulemaking ``Reclassification of Major Sources as Area Sources 
under Section 112 of the Clean Air Act'' available in the docket of 
this rulemaking.
---------------------------------------------------------------------------

    To assess the potential for emissions impacts for the 69 
reclassified sources, the EPA focused its review on the

[[Page 73880]]

enforceable conditions associated with the PTE limitations applicable 
to the emission units previously subject to major source NESHAP 
requirements. The EPA review focused on whether these emission units at 
these facilities continue to have enforceable conditions that are 
either the same as or consistent with the previous applicable major 
source NESHAP compliance obligations. Summaries of the permit reviews 
and emissions evaluations are presented in the Review of 
Reclassification Actions TSM, which is available in the docket for this 
action.
    The EPA's findings from its review of permits for the 
reclassifications indicate that of the 69 sources that reclassified to 
area source status, 68 achieved and maintain area source status by 
operating the emission controls or continuing to implement the 
practices they used to comply with the major source NESHAP 
requirements; we expect no emissions increases due to reclassification 
for these sources. While permitting authorities could allow for changes 
in the enforceable conditions or practices that the sources used to 
comply with major source NESHAP requirements that could lead to 
emissions increases, this happened for only one source out of the 69 
actual reclassifications. Below is an overview of the EPA's findings 
from the permit reviews for these 69 reclassifications.\28\
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    \28\ The analysis of the actual reclassifications includes 
representation of some of the source categories subject to major 
source NESHAP requirements. While the actual reclassifications 
demonstrate a cross-section of the types of industries that have 
reclassified, we are unable to determine if this cross-section of 
industries is representative of all types of sources that may seek 
reclassification in the future. The illustrative emissions analysis 
includes a broader selection of source categories across similar 
sectors of the economy as these actual reclassifications (i.e., 
chemical, energy, combustion, coatings, and heavy industry/
manufacturing). While the illustrative analysis is representative 
with respect to a broader selection of industries in the major 
source program, we are unable to definitively determine whether the 
sources within those categories will seek reclassification. Thus, we 
cannot make a determination of the representativeness of the actual 
reclassifications.
---------------------------------------------------------------------------

    Of the 69 sources that have reclassified, 45 sources are in a 
coating type source category; 11 are chemical sources; six are fuel 
combustion/boiler sources; five are oil and gas sources and two are 
heavy industry sources. (See Tables 3 and 4 of Review of 
Reclassification Actions TSM available in the docket for this action). 
Of the 69 reclassifications reviewed, 14 sources are classified as true 
area sources because these sources are no longer physically or 
operationally able to emit HAP above the MST. Of the 55 sources with 
enforceable PTE limitations, 15 sources had obtained those enforceable 
PTE limitations before January 2018 (pre-existing PTE limitations) 
while 40 obtained the PTE limitations after January 2018 in order to 
reclassify to area source status (new PTE limitations).
    Of the 45 coating sources reviewed, 39 used compliant materials 
(low-HAP/no-HAP) to meet applicable major source requirements before 
reclassification, and their continued use of compliant materials is an 
enforceable condition after reclassification. Five sources relied on 
the use of regenerative thermal oxidizers (RTOs) to meet applicable 
major source requirements and maintain enforceable conditions requiring 
the operation of the RTOs after reclassification. As described in 
detail in the TSM, the EPA does not expect emissions increases from 
these sources due to reclassification to area source status. Finally, 
one source used compliant materials to meet applicable major source 
requirements, but after reclassification requested a change to use a 
HAP-containing formulation with accompanying process limitations to 
maintain area source status. Had the change in formulation happened 
while the source was a major source, the source would have had to use 
an add-on control device to comply with the applicable NESHAP. For this 
source, the change in formulation after reclassification could lead to 
emissions increases of 4.3 tpy of xylene or 18.75 tpy of combined HAP.
    Of the 11 chemical sources reviewed, four sources are miscellaneous 
organic chemical manufacturing facilities; these relied on a variety of 
control technologies (including RTOs, scrubbers, and flares) and work 
practices to maintain compliance before reclassifying and continue to 
have enforceable conditions requiring the control technologies after 
reclassification. Three sources are gasoline distribution sources that 
relied on vapor collection and vapor flare/vapor combustion to meet 
applicable major source requirements before reclassification, and these 
controls are enforceable conditions to maintain compliance after 
reclassification. Three sources are off-site waste recovery facilities 
that relied on control technologies such as vapor balance/recovery 
systems, condensers, and scrubbers to meet applicable major source 
requirements before reclassification. All these sources continue to 
rely on the same (or additional) requirements as enforceable conditions 
to maintain compliance after reclassification and the EPA does not 
expect emissions increases due to reclassification to area source 
status. Finally, one source is a former hazardous waste combustor and 
cement facility that until 2015 fueled its cement kiln using collected 
hazardous and non-hazardous waste, using various control technologies 
to maintain compliance. This facility permanently removed all equipment 
associated with Portland cement manufacturing and took on a new primary 
role as a hazardous waste storage/transfer facility, using throughput 
limits and a carbon adsorption system to maintain compliance.
    Of the six combustion/boiler sources reviewed, four made permanent 
operational changes (ceased combustion of coal and/or ceased operation 
of boilers) allowing the sources to reclassify to area source status. 
Another source had material and operational limitations prior to 
reclassification, both of which continue to be enforceable conditions 
after reclassification, and one source took additional operational 
restrictions on the usage of natural gas as the mechanism to constrain 
their emissions and PTE and reclassify to area source status. Three of 
these sources had emissions above MST before reclassifying; the 
reclassification of these three sources resulted in a HAP reduction of 
56.9 tpy single HAP and 78.8 tpy total HAP.
    All five oil and gas production and transmission sources reviewed 
relied on the use of control technologies (oxidation catalyst [enclosed 
combustion device] and flares) to meet applicable major source 
requirements before reclassification, and their continued use is an 
enforceable condition to maintain compliance after reclassification. 
One of these sources took additional restrictions on the amount of gas 
vented to the atmosphere to reclassify to area source status. Also, the 
reclassification of this facility prevented additional emissions that 
would have occurred if the source had remained a major source. As 
described in detail in the TSM, the EPA does not expect emissions 
increases from these sources due to reclassification to area source 
status.
    Of the two heavy industry sources reviewed, one is a lime 
manufacturing plant and the other is a flexible polyurethane foam 
fabrication facility. The lime manufacturing facility, after 
reclassification, remains subject to other regulatory requirements, 
including PM emission limitations, the use of a baghouse, and monitored 
opacity as an operating limit via operation of a continuous opacity 
monitoring system. The flexible polyurethane foam fabrication facility 
relied on compliant

[[Page 73881]]

materials, control technology (carbon adsorption systems), work 
practices, and operational limitations to meet applicable major source 
standards before reclassification and continues to rely on these as 
enforceable conditions to maintain compliance after reclassification. 
See the Review of Reclassification Actions TSM available in the docket 
for the detailed permit reviews and emissions evaluations.
    In response to comments, for the final rule's illustrative 
emissions impact analysis, we have also updated the assessment 
conducted at proposal for six source categories and expanded our 
assessment to numerous additional source categories. We identified 
several source categories that are unlikely to experience a change in 
emissions as a result of MM2A. We also conducted an in-depth analysis 
of potential changes in emissions upon reclassification for many source 
categories where we have information. We also reviewed the updated 
operating permits for a variety of industrial processes to interpret 
likely response to the final MM2A rule. The details and results of the 
emissions analysis are summarized below and presented in detail in the 
illustrative emissions impact analysis TSM titled, ``Documentation of 
the Emissions Analysis for the Final Rule Reclassification of Major 
Sources as Area Sources Under Section 112 of the Clean Air Act,'' which 
is available in the docket for this action.\29\
---------------------------------------------------------------------------

    \29\ See TSM, ``Documentation of the Illustrative Emissions 
Analysis for the Final Rule Reclassification of Major Sources as 
Area Sources Under Section 112 of the Clean Air Act,'' available in 
the docket of this rulemaking.
---------------------------------------------------------------------------

    The EPA considered many factors in assessing the potential 
emissions impacts from the various NESHAP source categories if 
facilities in these source categories were to reclassify to area source 
status. These factors include backstop measures from regulatory and 
technological limits, as well as limitations on growth for economic 
reasons. As for regulatory reasons, the EPA assessed, if sources were 
to reclassify, whether they would be subject to the same NESHAP 
requirements as before reclassification (which would be the case where 
the area source requirements are the same as the major source 
requirements), whether new area source NESHAP requirements will be 
applicable and how they impact emissions, whether there are NSPS 
requirements that apply to the source and control emissions at the same 
levels as the major source NESHAP requirements, and whether there are 
PSD/NSR/SIP requirements the effect of which will continue to control 
HAP emissions to the same extent. As for the technological and economic 
reasons, the EPA reviewed whether the measures used by the source to 
reduce emissions could be reversed or discontinued if sources were to 
reclassify to area source status. This includes, but is not limited to, 
changes in coating/adhesive formulations, fuel combustion technologies, 
and some level of backstop for emissions from add-on control 
technologies. Commenters stated that there are also other factors that 
will prevent emissions increases, including environmental management 
systems with which sources are engaged that require them to identify 
environmental impacts, set performance objectives, implement of 
standards for training and work practices, audit implementation of such 
standards, and take corrective action when deviations occur. Other 
commenters also mentioned that many sources are also required to meet 
Leadership in Energy and Environmental Design standards that 
incentivize efficient operations to minimize waste and energy usage, 
Occupational Safety and Health Administration requirements that protect 
workers from exposures to HAP and other pollutants, and toxics release 
inventory requirements. The commenters pointed out that these 
regulatory requirements continue to apply even if the source 
reclassifies, providing additional incentives for sources to not 
increase emissions. The EPA agrees with the commenters in that 
environmental management systems, even though they are voluntary and 
not regulatory in nature, will also provide additional incentive for 
some sources to maintain compliance with environmental legal 
obligations and not increase emissions.
    Based on the EPA's illustrative analysis of potential emissions 
impacts from the 72 source categories, 65 source categories will either 
not be impacted by MM2A or are unlikely to experience any emissions 
changes for the reasons discussed in the above paragraph. After 
considering the information available for this illustrative analysis, 
we found that some facilities in seven source categories represented by 
detailed information from RTR modeling files in the MM2A database could 
increase emissions if they were to reclassify and were allowed to 
reduce operation of adjustable add-on controls. These facilities 
represent 7.9 percent of the facilities illustrated in the primary 
analytical scenario (i.e., 128 facilities out of a total of 1,614 
facilities in the primary analytical scenario), and 3.1 percent of all 
the facilities included in the analysis of the 72 source categories 
(i.e., 128 facilities out of a total of 4,068 facilities operating in 
72 source categories). Several of the source categories have only one 
or two facilities impacted, while three source categories have several 
facilities impacted. The facilities that we were able to assess are 
located in several states and are not clustered in close proximity to 
each other. The EPA was unable to evaluate the source categories 
included in the extrapolated approach used for the cost assessment due 
to insufficient information. Under alternative scenario 2, we 
determined that some facilities operating between 75 and 125 percent of 
the MST might opt to decrease emissions to reclassify to area source 
status as a result of the MM2A rule.
    The EPA made several conservative assumptions when estimating the 
potential effect on emissions resulting from sources reclassifying from 
area to major source status. By ``conservative,'' we mean that these 
assumptions are likely to result in an overestimate of emissions 
changes. We detail these assumptions in the TSM referenced above.\30\ 
Based on these conservative assumptions, the potential change in 
emissions in the illustrative analyses for seven source categories 
could be an increase ranging from 919 tpy to 956 tpy of HAP across the 
NESHAP program under the primary scenario.\31\ In

[[Page 73882]]

addition, we also include an alternative set of assumptions in the 
coatings sector to reflect the findings from the review of 
reclassification permits that shows one facility could increase 
emissions. For this alternative coating scenario, we extrapolate those 
findings to other facilities in the coatings sector using a percentage 
that represents the portion of the reclassified facilities that might 
increase emissions (i.e., 2.3 percent of the reclassified coatings 
facilities are assumed to increase emissions). Using this alternative 
assumption, we estimate a potential emissions increase of 302 tpy of 
combined HAP. The total range of potential emissions increases is, 
therefore, 919 tpy to 1258 tpy. Again, it is important to note that 
this is likely an overestimate of actual emissions increases, as we 
explain in more detail in the technical support memorandum. Under the 
alternative scenario 2, we estimate a potential reduction in HAP 
emissions of 183 tpy.
---------------------------------------------------------------------------

    \30\ In general, the change in emissions is measured as the 
difference between PTE with compliance with the major source NESHAP 
and 75 percent of the MST (the maximum emissions assumed with a 
compliance margin for the primary scenario). Where the EPA does not 
have information on the PTE, we estimated the potential change in 
emissions as the difference between actual emissions and 75 percent 
of the MST. However, in some cases it is inappropriate to assume 
changes from minimal amounts of HAP (i.e. less than 1 tpy) up 75 
percent of the MST as it represents a 100 times to 1,000 times 
increase in emissions (and production to the extent that production 
and emissions correlate). Given the production capacities at 
existing facilities along with economic constraints on growth, it is 
highly unlikely a facility would seek to increase emissions (and 
hence production) by 100-times to 1,000-times. Most mature 
industries will not experience tremendous economic growth, and some 
may experience a declining rate of production that impacts growth. 
Therefore, we assume a conservative measure of increase for 
facilities operating at very low levels of HAP of 10 times (e.g., a 
facility operating at 0.5 tpy with not information on PTE would 
increase to 5 tpy). The measure for emission change in these 
instances could be higher or lower, but we selected 10 times to 
demonstrate a conservatively high level of potential emissions 
increase.
    \31\ The EPA also identified some facilities in the primary 
scenario that have an estimated PTE that is above the MST, yet their 
actual emissions are well below 75 percent of the MST. If these 
facilities opt to reclassify by taking a limit on their PTE down to 
a level below the MST, they will forego allowable emissions under 
the major source program (i.e., the reduction in PTE that the 
facility must take to modify their PTE to down to 18.75 tpy). This 
reduction in emissions can be viewed as foregone emissions under 
PTE. For the facilities analyzed where PTE (or allowable emissions) 
were identified, the foregone allowable emissions totals a reduction 
of about -227 tpy. Therefore, the potential change in emissions for 
the seven source categories with potential increases is a net change 
in emissions of 692-729 tpy.
---------------------------------------------------------------------------

    In addition to approximating the response to the MM2A rule, we 
present information regarding the magnitude of potential changes in HAP 
emissions and discuss changes in health impacts for benefit categories 
of criteria pollutants. The combination of these evaluations represents 
our assessment of benefits as defined in Office of Management and 
Budget (OMB) Circular A-4. Based on the results of the EPA's analysis 
of the reclassifications of 69 sources and the illustrative emissions 
analysis of 72 source categories, this final rule may potentially 
result in both emission reductions and increases from a broad array of 
affected sources. For the 69 sources that have already reclassified, we 
conclude there are no potential emissions increases (except for one 
source as discussed in section VIII above) and, therefore, no health 
impacts associated with nearly all of the known reclassification 
actions. For the one facility with a potential for an emissions 
increase, the change in emissions would be modest and is not likely to 
result in significant health impacts. Because the sources that the EPA 
has identified as having a potential for some level of emissions change 
(given the uncertainties stated throughout this preamble) are located 
across the United States, we do not observe a concentration of 
emissions changes in any particular location. However, to understand 
the potential impact of this rulemaking on tribal and environmental 
justice communities, we conducted two analyses on the 69 sources that 
have reclassified to area source status as described above (from which 
we found only one facility that could increase emissions).
    In the first analysis, we looked at sources that were within 50 
miles of an area of Indian country. Of the 69 sources that we analyzed, 
30 are within 50 miles of at least one area of Indian country. Eleven 
of these are within 10 miles of an area of Indian country and three are 
in Indian country. However, after reviewing the reclassification of 
these sources, only one of these sources could have an increase in 
emissions. The potential increase will be minimal because the source 
has limited its emissions of and PTE HAP below the MST. Therefore, the 
EPA expects there will be no additional impact from reclassification to 
most areas of Indian country.
    Second, we conducted a demographic analysis of the populations 
within 5 miles of these same 69 sources. We then compared the average 
concentrations of low-income and minority populations within that 5-
mile radius and compared them to the national average to determine if 
these populations will be disproportionality impacted. In this 
analysis, we found that the 5-mile radius around 13 of the 69 sources 
has a minority population above the national average, and the area 
surrounding 39 sources has a low-income population above the national 
average. Although these results would suggest that low-income 
populations may be more impacted by this rule, as stated above, only 
one of these sources could have an increase in emissions. Therefore, 
the EPA expects there will be no additional impact to most of these 
communities.
    Based on the results of the EPA's analysis of the reclassifications 
of 69 sources and the illustrative emissions impact analysis of 72 
source categories, this final rule could result in both emissions 
reductions and increases from a broad array of sources located in 
different geographic areas. Uncertainties in estimating the number of 
sources that will seek reclassification, and the resulting permit 
conditions that will impact emissions are discussed at length in this 
section of this preamble. Therefore, we illustrate impacts using 
certain assumptions to allow readers to better understand the potential 
impacts of the MM2A rule associated with HAP pollutants. However, 
changes in HAP emissions may also impact other pollutants as well.
    Benefits/disbenefits. Although the illustrative emissions analysis 
suggests that there may be both emissions increases and decreases, we 
are uncertain of the magnitude and geographic distribution of the 
changes in emissions resulting from this rulemaking across the broad 
array of sources that could reclassify. As discussed in the docket of 
this final rule, the emissions from different sources will be impacted 
in different ways, and small changes in certain non-HAP pollutants, 
such as fine particulate matter, can lead to significant changes in 
monetized benefits/disbenefits. Due to the voluntary nature of this 
action, we are unable to quantify changes in non-HAP emissions across 
these sources. In place of quantitative estimates of the number and 
economic value of the non-HAP pollutant changes, we instead discuss 
potential impacts in qualitative terms. Similar uncertainties related 
to the potential distribution of changes in HAP emissions resulting 
from this rulemaking also exist. As such, we also present a qualitative 
assessment of the potential impacts to human health and the environment 
from changes in selected HAP emissions. For more information on the 
qualitative characterization of benefits/disbenefits, please refer to 
the benefits analysis included in the RIA for this final action.

D. Economic Analysis

    The economic impact analysis (EIA), an analysis that is included in 
the RIA, focuses on impacts at an industry level, and impacts are only 
calculated for the scenario that includes facilities with actual 
emissions below 75 percent of the MST. As part of the EIA, the EPA 
considered the impact of this rulemaking on small entities (small 
businesses, governments, and nonprofit organizations). Impacts are 
calculated as compliance costs (savings, in this instance) as a 
percentage of sales for businesses, and of budgets for other 
organizations. For informational purposes, the RIA includes the Small 
Business Administration's definition of small entities by affected 
industry categories (defined as North American Industry Classification 
System) and potential burden reductions from title V and other 
permitting programs. Since this rule significantly lessens the 
regulatory burden that resulted from the OIAI policy, no compliance 
costs are directly imposed upon industry categories as a result of this 
rule. We do, however, consider the potential costs some sources may 
incur to show

[[Page 73883]]

compliance with applicable area source NESHAP after they reclassify to 
area source status. These avoided costs accrue because some 
reclassified sources will not be required to obtain or maintain a title 
V permit or continue meeting major source administrative requirements 
under section 112 of the CAA. Some of the facilities benefitting from 
this action are owned by small entities, and these entities may 
experience a more beneficial impact than the large entities that will 
also experience a reduction in costs from the burden reductions that 
would take place as a result of this rule.
    The results of the EIA for the primary scenario show that the 
annual cost savings per sales for all affected industries is around 
0.05 percent, using the median of these annual cost savings per sales 
estimates calculated by industry, with sales averaging approximately 
$9.3 billion per affected industry, to determine average impact. The 
details of the EIA and impacts on employment, as well as results of the 
EIA for the other two alternative scenarios, are presented in the RIA 
of the final rule, which is available in the docket for this action.

IX. 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 and 13563: Improving Regulation and Regulatory Review

    This action is an economically significant regulatory action that 
was submitted to OMB for review. Any changes made in response to OMB 
recommendations have been documented in the docket. The EPA prepared an 
analysis of the potential costs and benefits associated with this 
action. This analysis, the RIA for the final MM2A rule, is available in 
the docket and is summarized in section I of this preamble.

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

    This action is considered an Executive Order 13771 deregulatory 
action. Details on the estimated potential net cost savings of this 
final rule can be found in the EPA's analysis of the potential costs 
and benefits associated with this action (see the RIA for the final 
rule, which is in the docket for this action).

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information-collection burden 
under the PRA. Specifically, this rule requires the electronic 
reporting of the one-time notification already required in 40 CFR 
63.9(j) in the case where the facility is notifying of a change in 
major source status. OMB has previously approved the information 
collection activities contained in the existing regulations. These 
amendments would neither require additional reports nor require that 
additional content be added to already required reports. Therefore, 
this action would not impose any new information-collection burden. 
Furthermore, approval of an Information Collection Request (ICR) is not 
required in connection with these final amendments. This is because the 
General Provisions do not themselves require any reporting and 
recordkeeping activities, and no ICR was submitted in connection with 
their original promulgation or their subsequent amendment. Any 
recordkeeping and reporting requirements are imposed only through the 
incorporation of specific elements of the General Provisions in the 
individual NESHAP, which are promulgated for particular source 
categories that have their own ICRs.

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 no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule.
    Small entities that are subject to major source NESHAP requirements 
would not be required to take any action under this final rule; any 
action a source takes to reclassify as an area source would be 
voluntary. We expect that sources that reclassify will experience cost 
savings that will outweigh any additional cost of achieving area source 
status. The only cost that would be incurred by regulatory authorities 
would be the cost of reviewing a sources' application for area source 
status and issuing enforceable PTE limits, as appropriate. No small 
government jurisdictions operate their own air pollution control 
permitting agencies, so none would be required to incur costs under the 
final rule. In addition, any costs associated with the reclassification 
of major sources as area sources (i.e., application reviews and PTE 
issuance) are expected to be offset by reduced reporting and 
recordkeeping obligations for sources that no longer must meet major 
source NESHAP requirements.
    Based on the considerations above, we have, therefore, concluded 
that this action will relieve regulatory burden for all regulated small 
entities that reclassify to area source status. We also note that a 
small-entity analysis, prepared at the discretion of the EPA and 
reflecting the relief in regulatory burden, was prepared for this final 
rule and is included in the RIA, which is available in the public 
docket for this rulemaking. The results of this small-entity analysis 
show relatively small reductions in burden estimate annual costs (about 
0.10 percent) as a percentage of sales using the median estimate as the 
average of impacts.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. This action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector. Since the impacts of this action are merely 
illustrative of potential outcomes, it precludes identifying additional 
costs to states as an unfunded mandate.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the federal government and the states, or on 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 has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. There are two tribes that 
currently implement title V permit programs and one that implements an 
approved TIP for minor source permitting, the latter of which also has 
a major source. As a result, these tribes may have additional permit 
actions if sources in their jurisdiction seek reclassification to area 
source status. Any tribal government that owns or operates a source 
subject to major

[[Page 73884]]

source NESHAP requirements would not be required to take action under 
this final rule; the reclassification provisions in the final rule 
would be strictly voluntary. In addition, achieving area source status 
would result in reduced burden on any source that no longer must meet 
major source NESHAP requirements. Under the final rule, a tribal 
government with an air pollution control agency to which we have 
delegated CAA section 112 authority would be required to review permit 
applications and to modify permits as necessary. However, any burden 
associated with the review and modification of permits will be offset 
by reduced Agency oversight obligations for sources no longer required 
to meet major source requirements.
    For sources located within Indian country, where the EPA is the 
reviewing authority, unless the EPA has approved a non-federal minor 
source permitting program or a delegation of the Federal Indian Country 
Minor NSR Rule, the Federal Indian Country Minor NSR Rule at 40 CFR 
49.151 through 49.165 provides a mechanism for an otherwise major 
source to voluntarily accept restrictions on its PTE to become a 
synthetic source, among other provisions. The Federal Indian Country 
Minor NSR Rule applies to sources located within the exterior 
boundaries of an Indian reservation or other lands as specified in 40 
CFR part 49, collectively referred to as ``Indian country.'' See 40 CFR 
49.151(c) and 49.152(d). This mechanism may also be used by an 
otherwise major source of HAP to voluntarily accept restrictions on its 
PTE to become a synthetic area HAP source. The EPA's FIP program, which 
includes the Federal Indian Country Minor NSR Rule, provides additional 
options for particular situations, such as general permits for specific 
source categories, to facilitate minor source emissions management in 
Indian country. Existing sources in Indian country may have PTE limits 
that preceded the EPA's FIP for minor sources and, for that reason, 
were issued in a 40 CFR part 71 permit or FIP permitting provision 
applicable to the Indian reservation.
    At proposal, the EPA specifically solicited comment from tribal 
officials and, consistent with EPA policy, offered to consult with the 
potentially impacted tribes and other tribes upon their request. On 
June 27, 2019, the EPA sent consultation letters to four tribes that 
may be impacted by this action. The EPA also gave an overview of the 
proposed action on a call with the National Tribal Air Association on 
June 27, 2019, and held an informational webinar for tribes on July 24, 
2019. In addition, we sent consultation letters to the 573 federally 
recognized tribes on September 27, 2019, and held an informational call 
with one tribe on October 21, 2019. The EPA did not receive any 
requests for tribal consultation on this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it implements the plain reading of the 
definitions of major source and area source as established by Congress 
in section 112 of the CAA.

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

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. We have concluded that this final 
action is not likely to have any adverse energy effects.

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) 
because it does not establish an environmental health or safety 
standard. The final amendments to the General Provisions are procedural 
changes and do not impact the technology performance nor level of 
control of the NESHAP governed by the General Provisions.

L. Determination Under CAA Section 307(d)

    Pursuant to CAA section 307(d)(1)(V), the Administrator determines 
that this action is subject to the provisions of CAA section 307(d). 
Section 307(d)(1)(V) of the CAA provides that the provisions of CAA 
section 307(d) apply to ``such other actions as the Administrator may 
determine.''

M. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Area sources, General provisions, 
Hazardous air pollutants, Major sources, Potential to emit.

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 63 as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation part 63 continues to read as follows:

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

Subpart A--General Provisions

0
2. Amend Sec.  63.1 by adding paragraph (c)(6) to read as follows:


Sec.  63.1  Applicability.

* * * * *
    (c) * * *
    (6) A major source may become an area source at any time upon 
reducing its emissions of and potential to emit hazardous air 
pollutants, as defined in this subpart, to below the major source 
thresholds established in Sec.  63.2, subject to the provisions in 
paragraphs (c)(6)(i) and (ii) of this section.
    (i) A major source reclassifying to area source status is subject 
to the applicability of standards, compliance dates and notification 
requirements specified in (c)(6)(i)(A) of this section. An area source 
that previously was a major source and becomes a major source again is 
subject to the applicability of standards, compliance dates, and 
notification requirements specified in (c)(6)(i)(B) of this section:
    (A) A major source reclassifying to area source status under this 
part remains subject to any applicable major source requirements 
established under this part until the reclassification becomes 
effective. After the reclassification becomes effective, the source is 
subject to any applicable area

[[Page 73885]]

source requirements established under this part immediately, provided 
the compliance date for the area source requirements has passed. The 
owner or operator of a major source that becomes an area source subject 
to newly applicable area source requirements under this part must 
comply with the initial notification requirements pursuant to Sec.  
63.9(b). The owner or operator of a major source that becomes an area 
source must also provide to the Administrator any change in the 
information already provided under Sec.  63.9(b) per Sec.  63.9(j).
    (B) An area source that previously was a major source under this 
part and that becomes a major source again is subject to the applicable 
major source requirements established under this part immediately upon 
becoming a major source again, provided the compliance date for the 
major source requirements has passed, notwithstanding any provision 
within the applicable subparts. The owner or operator of an area source 
that becomes a major source again must comply with the initial 
notification pursuant to Sec.  63.9(b). The owner or operator must also 
provide to the Administrator any change in the information already 
provided under Sec.  63.9(b) per Sec.  63.9(j).
    (ii) Becoming an area source does not absolve a source subject to 
an enforcement action or investigation for major source violations or 
infractions from the consequences of any actions occurring when the 
source was major. Becoming a major source does not absolve a source 
subject to an enforcement action or investigation for area source 
violations or infractions from the consequences of any actions 
occurring when the source was an area source.
* * * * *

0
3. Amend Sec.  63.2 by revising the definition ``Potential to emit'' to 
read as follows:


Sec.  63.2  Definitions.

* * * * *
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions 
is enforceable.
* * * * *

0
4. Amend Sec.  63.6 by revising paragraphs (b)(7) and (c)(1) and (5) to 
read as follows:


Sec.  63.6  Compliance with standards and maintenance requirements.

* * * * *
    (b) * * *
    (7) When an area source increases its emissions of (or its 
potential to emit) hazardous air pollutants such that the source 
becomes a major source, the portion of the facility that meets the 
definition of a new affected source must comply with all requirements 
of that standard applicable to new sources. The source owner or 
operator must comply with the relevant standard upon startup.
* * * * *
    (c) * * *
    (1) After the effective date of a relevant standard established 
under this part pursuant to section 112(d) or 112(h) of the Act, the 
owner or operator of an existing source shall comply with such standard 
by the compliance date established by the Administrator in the 
applicable subpart(s) of this part, except as provided in Sec.  
63.1(c)(6)(i). Except as otherwise provided for in section 112 of the 
Act, in no case will the compliance date established for an existing 
source in an applicable subpart of this part exceed 3 years after the 
effective date of such standard.
* * * * *
    (5) Except as provided in paragraph (b)(7) of this section, the 
owner or operator of an area source that increases its emissions of (or 
its potential to emit) hazardous air pollutants such that the source 
becomes a major source and meets the definition of an existing source 
in the applicable major source standard shall be subject to relevant 
standards for existing sources. Except as provided in paragraph Sec.  
63.1(c)(6)(i)(B), such sources must comply by the date specified in the 
standards for existing area sources that become major sources. If no 
such compliance date is specified in the standards, the source shall 
have a period of time to comply with the relevant emission standard 
that is equivalent to the compliance period specified in the relevant 
standard for existing sources in existence at the time the standard 
becomes effective.
* * * * *

0
5. Amend Sec.  63.9 by revising paragraphs (b)(1)(ii) and (j) and 
adding paragraph (k) to read as follows:


Sec.  63.9  Notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (ii) If an area source subsequently becomes a major source that is 
subject to the emission standard or other requirement, such source 
shall be subject to the notification requirements of this section. Area 
sources previously subject to major source requirements that become 
major sources again are also subject to the notification requirements 
of this paragraph and must submit the notification according to the 
requirements of paragraph (k) of this section.
* * * * *
    (j) Change in information already provided. Any change in the 
information already provided under this section shall be provided to 
the Administrator within 15 calendar days after the change. The owner 
or operator of a major source that reclassifies to area source status 
is also subject to the notification requirements of this paragraph. The 
owner or operator may use the application for reclassification with the 
regulatory authority (e.g., permit application) to fulfill the 
requirements of this paragraph. A source which reclassified after 
January 25, 2018, and before January 19, 2021, and has not yet provided 
the notification of a change in information is required to provide such 
notification no later than February 2, 2021, according to the 
requirements of paragraph (k) of this section. Beginning January 19, 
2021, the owner or operator of a major source that reclassifies to area 
source status must submit the notification according to the 
requirements of paragraph (k) of this section. A notification of 
reclassification must contain the following information:
    (1) The name and address of the owner or operator;
    (2) The address (i.e., physical location) of the affected source;
    (3) An identification of the standard being reclassified from and 
to (if applicable); and
    (4) Date of effectiveness of the reclassification.
    (k) Electronic submission of notifications or reports. If you are 
required to submit notifications or reports following the procedure 
specified in this paragraph (k), you must submit notifications or 
reports to the EPA via CEDRI, which can be accessed through the EPA's 
Central Data Exchange (CDX) (https://cdx.epa.gov/). The notification or 
report must be submitted by the deadline specified. The EPA will make 
all the information submitted through CEDRI available to the public 
without further notice to you. Do not use CEDRI to submit information 
you claim as confidential business information (CBI). Anything 
submitted using CEDRI cannot later be claimed to

[[Page 73886]]

be CBI. Although we do not expect persons to assert a claim of CBI, if 
persons wish to assert a CBI, submit a complete notification or report, 
including information claimed to be CBI, to the EPA. Submit the file on 
a compact disc, flash drive, or other commonly used electronic storage 
medium and clearly mark the medium as CBI. Mail the electronic medium 
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted must be submitted to the EPA via the EPA's 
CDX as described earlier in this paragraph (k). All CBI claims must be 
asserted at the time of submission. Furthermore, under section 114(c) 
of the Act emissions data is not entitled to confidential treatment and 
requires EPA to make emissions data available to the public. Thus, 
emissions data will not be protected as CBI and will be made publicly 
available.
    (1) If you are required to electronically submit a notification or 
report by this paragraph (k) through CEDRI in the EPA's CDX, you may 
assert a claim of EPA system outage for failure to timely comply with 
the electronic submittal requirement. To assert a claim of EPA system 
outage, you must meet the requirements outlined in paragraphs (k)(1)(i) 
through (vii) of this section.
    (i) You must have been or will be precluded from accessing CEDRI 
and submitting a required notification or report within the time 
prescribed due to an outage of either the EPA's CEDRI or CDX systems.
    (ii) The outage must have occurred within the period of time 
beginning 5 business days prior to the date that the notification or 
report is due.
    (iii) The outage may be planned or unplanned.
    (iv) You must submit notification to the Administrator in writing 
as soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (v) You must provide to the Administrator a written description 
identifying:
    (A) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (B) A rationale for attributing the delay in submitting beyond the 
regulatory deadline to EPA system outage;
    (C) Measures taken or to be taken to minimize the delay in 
submitting; and
    (D) The date by which you propose to submit, or if you have already 
met the electronic submittal requirement in this paragraph (k) at the 
time of the notification, the date you submitted the notification or 
report.
    (vi) The decision to accept the claim of EPA system outage and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (vii) In any circumstance, the notification or report must be 
submitted electronically as soon as possible after the outage is 
resolved.
    (2) If you are required to electronically submit a notification or 
report by this paragraph (k) through CEDRI in the EPA's CDX, you may 
assert a claim of force majeure for failure to timely comply with the 
electronic submittal requirement. To assert a claim of force majeure, 
you must meet the requirements outlined in paragraphs (k)(2)(i) through 
(v) of this section.
    (i) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior 
to the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, 
its contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a 
notification or report electronically within the time period 
prescribed. Examples of such events are acts of nature (e.g., 
hurricanes, earthquakes, or floods), acts of war or terrorism, or 
equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage).
    (ii) You must submit notification to the Administrator in writing 
as soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in submitting through CEDRI.
    (iii) You must provide to the Administrator:
    (A) A written description of the force majeure event;
    (B) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (C) Measures taken or to be taken to minimize the delay in 
reporting; and
    (D) The date by which you propose to submit the notification or 
report, or if you have already met the electronic submittal requirement 
in this paragraph (k) at the time of the notification, the date you 
submitted the notification or report.
    (iv) The decision to accept the claim of force majeure and allow an 
extension to the submittal deadline is solely within the discretion of 
the Administrator.
    (v) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

0
6. Amend Sec.  63.10 by revising paragraph (b)(3) to read as follows:


Sec.  63.10  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (3) If an owner or operator determines that his or her existing or 
new stationary source is in the source category regulated by a standard 
established pursuant to section 112 of the Act, but that source is not 
subject to the relevant standard (or other requirement established 
under this part) because of enforceable limitations on the source's 
potential to emit, or the source otherwise qualifies for an exclusion, 
the owner or operator must keep a record of the applicability 
determination. The applicability determination must be kept on site at 
the source for a period of 5 years after the determination, or until 
the source changes its operations to become an affected source subject 
to the relevant standard (or other requirement established under this 
part), whichever comes first if the determination is made prior to 
January 19, 2021. The applicability determination must be kept until 
the source changes its operations to become an affected source subject 
to the relevant standard (or other requirement established under this 
part) if the determination was made on or after January 19, 2021. The 
record of the applicability determination must be signed by the person 
making the determination and include an emissions analysis (or other 
information) that demonstrates the owner or operator's conclusion that 
the source is unaffected (e.g., because the source is an area source). 
The analysis (or other information) must be sufficiently detailed to 
allow the Administrator to make an applicability finding for the source 
with regard to the relevant standard or other requirement. If 
applicable, the analysis must be performed in accordance with 
requirements established in relevant subparts of this part for this 
purpose for particular categories of stationary sources. If relevant, 
the analysis should be performed in accordance with EPA guidance 
materials published to assist sources in making applicability 
determinations under section 112 of the Act, if any. The requirements 
to

[[Page 73887]]

determine applicability of a standard under Sec.  63.1(b)(3) and to 
record the results of that determination under this paragraph (b)(3) of 
this section shall not by themselves create an obligation for the owner 
or operator to obtain a title V permit.
* * * * *

0
7. Amend Sec.  63.12 by revising paragraph (c) to read as follows:


Sec.  63.12  State authority and delegations.

* * * * *
    (c) All information required to be submitted to the EPA under this 
part also shall be submitted to the appropriate state agency of any 
state to which authority has been delegated under section 112(l) of the 
Act, provided that each specific delegation may exempt sources from a 
certain federal or state reporting requirement. Any information 
required to be submitted electronically by this part via the EPA's 
CEDRI may, at the discretion of the delegated authority, satisfy the 
requirements of this paragraph. The Administrator may permit all or 
some of the information to be submitted to the appropriate state agency 
only, instead of to the EPA and the state agency with the exception of 
federal electronic reporting requirements under this part. Sources may 
not be exempted from federal electronic reporting requirements.

0
8. Amend Sec.  63.13 by revising paragraph (a) introductory text to 
read as follows:


Sec.  63.13  Addresses of State air pollution control agencies and EPA 
Regional Offices.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted to the appropriate Regional Office of the U.S. Environmental 
Protection Agency indicated in the following list of EPA Regional 
offices. If a request, report, application, submittal, or other 
communication is required by this part to be submitted electronically 
via the EPA's CEDRI then such submission satisfies the requirements of 
this paragraph (a).
* * * * *

Subpart F--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing 
Industry

0
9. Amend table 3 to subpart F of part 63 by adding in numerical order 
an entry for Sec.  63.1(c)(6), revising the entry for Sec.  63.9(j), 
and adding in numerical order an entry for Sec.  63.9(k) to read as 
follows:

  Table 3 to Subpart F of Part 63--General Provisions Applicability to
                   Subparts F, G, and H a to Subpart F
------------------------------------------------------------------------
                                    Applies to
           Reference              subparts F, G,          Comment
                                      and H
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(j).......................  Yes..............  Only as related to
                                                    change to major
                                                    source status.
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  necessarily required.

* * * * *

Subpart G--National Emission Standards for Organic Hazardous Air 
Pollutants From the Synthetic Organic Chemical Manufacturing 
Industry for Process Vents, Storage Vessels, Transfer Operations, 
and Wastewater

0
10. Amend Sec.  63.151 by revising paragraphs (b)(2)(i) through (iii) 
to read as follows:


Sec.  63.151  Initial notification.

* * * * *
    (b) * * *
    (2) * * *
    (i) For an existing source, the Initial Notification shall be 
submitted within 120 calendar days after the date of promulgation, or 
no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
    (ii) For a new source that has an initial start-up 90 calendar days 
after the date of promulgation of this subpart or later, the 
application for approval of construction or reconstruction required by 
Sec.  63.5(d) of subpart A shall be submitted in lieu of the Initial 
Notification. The application shall be submitted as soon as practicable 
before construction or reconstruction is planned to commence (but it 
need not be sooner than 90 calendar days after the date of promulgation 
of this subpart). For a new source that reclassifies to major source 
status after January 19, 2021 and greater than 90 days after the 
initial start-up, the source shall submit the initial notification 
required by Sec.  63.9(b) no later than 120 days after the source 
becomes subject to this subpart.
    (iii) For a new source that has an initial start-up prior to 90 
calendar days after the date of promulgation, the Initial Notification 
shall be submitted within 90 calendar days after the date of 
promulgation of this subpart, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later. The 
application for approval of construction or reconstruction described in 
Sec.  63.5(d) of subpart A is not required for these sources.
* * * * *

0
11. Amend table 1A to subpart G by revising the entry for Sec.  63.9 to 
read as follows:

   Table 1A to Subpart G of Part 63--Applicable 40 CFR Part 63 General
                               Provisions
------------------------------------------------------------------------
      40 CFR part 63, subpart A, provisions applicable to subpart G
-------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(a)(2), (b)(4)(i),\a\ (b)(4)(ii), (b)(4)(iii), (b)(5),\a\
 (c), (d), (j), and (k).
 

[[Page 73888]]

 
                              * * * * * * *
------------------------------------------------------------------------
\a\ The notifications specified in Sec.   63.9(b)(4)(i) and (b)(5) shall
  be submitted at the times specified in 40 CFR part 65.

* * * * *

Subpart H--National Emission Standards for Organic Hazardous Air 
Pollutants for Equipment Leaks

0
12. Amend Sec.  63.182 by revising paragraphs (b)(2)(i) through (iii) 
to read as follows:


Sec.  63.182  Reporting requirements.

* * * * *
    (b) * * *
    (2) * * *
    (i) For an existing source, the Initial Notification shall be 
submitted within 120 calendar days after the date of promulgation or no 
later than 120 calendar days after the source becomes subject to this 
subpart, whichever is later.
    (ii) For a new source that has an initial start-up 90 days after 
the date of promulgation of this subpart or later, the application for 
approval of construction or reconstruction required by Sec.  63.5(d) of 
subpart A of this part shall be submitted in lieu of the Initial 
Notification. The application shall be submitted as soon as practicable 
before the construction or reconstruction is planned to commence (but 
it need not be sooner than 90 days after the date of promulgation of 
the subpart that references this subpart). For a new source that 
reclassifies to major source status after January 19, 2021 and greater 
than 90 days after the initial start-up, the source shall submit the 
initial notification required by Sec.  63.9(b) no later than 120 days 
after the source becomes subject to this subpart.
    (iii) For a new source that has an initial start-up prior to 90 
days after the date of promulgation of the applicable subpart, the 
Initial Notification shall be submitted within 90 days after the date 
of promulgation of the subpart that references this subpart, or no 
later than 120 calendar days after the source becomes subject to this 
subpart, whichever is later.
* * * * *

0
13. Amend table 4 to subpart H by revising entry for Sec.  63.9 to read 
as follows:

   Table 4 to Subpart H of Part 63--Applicable 40 CFR Part 63 General
                               Provisions
------------------------------------------------------------------------
      40 CFR part 63, subpart A, provisions applicable to subpart H
-------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(a)(2), (b)(4)(i),\a\ (b)(4)(ii), (b)(4)(iii), (b)(5),\a\
 (c), (d), (j) and (k).
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ The notifications specified in Sec.   63.9(b)(4)(i) and (b)(5) shall
  be submitted at the times specified in 40 CFR part 65.

Subpart J--National Emission Standards for Hazardous Air Pollutants 
for Polyvinyl Chloride and Copolymers Production

0
14. Amend Sec.  63.215 by revising paragraph (b) introductory text and 
adding paragraph (b)(4) to read as follows:


Sec.  63.215  What General Provisions apply to me?

* * * * *
    (b) The provisions in subpart A of this part also apply to this 
subpart as specified in paragraphs (b)(1) through (4) of this section.
* * * * *
    (4) The specific notification procedure of Sec.  63.9(j) and (k) 
relating to a change in major source status.

Subpart L--National Emission Standards for Coke Oven Batteries

0
15. Amend Sec.  63.311 by revising paragraph (a) to read as follows:


Sec.  63.311  Reporting and recordkeeping requirements.

    (a) General requirements. After the effective date of an approved 
permit in a state under part 70 of this chapter, the owner or operator 
shall submit all notifications and reports required by this subpart to 
the state permitting authority except a source that reclassifies to an 
area source must follow the notification procedures of Sec.  63.9(j) 
and (k). Use of information provided by the certified observer shall be 
a sufficient basis for notifications required under Sec.  70.5(c)(9) of 
this chapter and the reasonable inquiry requirement of Sec.  70.5(d) of 
this chapter.
* * * * *

Subpart M--National Perchloroethylene Air Emission Standards for 
Dry Cleaning Facilities

0
16. Amend Sec.  63.324 by adding paragraph (g) to read as follows:


Sec.  63.324  Reporting and recordkeeping requirements.

* * * * *
    (g) Each owner or operator of a dry cleaning facility that 
reclassifies from a major source to an area source must follow the 
procedures of Sec.  63.9(j) and (k) to provide notification of the 
change in status.

Subpart N--National Emission Standards for Chromium Emissions From 
Hard and Decorative Chromium Electroplating and Chromium Anodizing 
Tanks

0
17. Amend Sec.  63.347 by revising paragraph (c)(1) introductory text 
to read as follows:


Sec.  63.347  Reporting requirements.

* * * * *
    (c) * * *
    (1) The owner or operator of an affected source that has an initial 
startup before January 25, 1995, shall notify the Administrator in 
writing that the source is subject to this subpart. The notification 
shall be submitted no later than 180 calendar days after January 25, 
1995, or no later than 120 days after the source becomes subject to 
this subpart,

[[Page 73889]]

whichever is later, and shall contain the following information:
* * * * *

0
18. Amend table 1 to subpart N of part 63 by adding in numerical order 
entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

  Table 1 to Subpart N of Part 63--General Provisions Applicability to
                                Subpart N
------------------------------------------------------------------------
                                    Applies to
 General provisions reference       subpart N             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart O--Ethylene Oxide Emissions Standards for Sterilization 
Facilities

0
19. Amend Sec.  63.360 in table 1 of Sec.  63.360 by adding in 
numerical order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read 
as follows:


Sec.  63.360  Applicability.

* * * * *

                     Table 1 of Sec.   63.360--General Provisions Applicability to Subpart O
----------------------------------------------------------------------------------------------------------------
                                          Applies to sources       Applies to sources
              Reference                    using 10 tons in      using 1 to 10 tons in           Comment
                                            subpart O \a\            subpart O \a\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................                         Yes
 
                                                  * * * * * * *
63.9(k)..............................                         Yes                        Only as specified in
                                                                                          Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ See definition.

* * * * *

Subpart Q--National Emission Standards for Hazardous Air Pollutants 
for Industrial Process Cooling Towers

0
20. Amend Sec.  63.405 by revising paragraphs (a)(1) introductory text, 
(a)(2), and (b)(1) to read as follows:


Sec.  63.405  Notification requirements.

    (a) * * *
    (1) In accordance with Sec.  63.9(b) of subpart A, owners or 
operators of all affected IPCT's that have an initial startup before 
September 8, 1994, shall notify the Administrator in writing. The 
notification, which shall be submitted not later than 12 months after 
September 8, 1994, or no later than 120 days after the source becomes 
subject to this subpart, whichever is later, shall provide the 
following information:
* * * * *
    (2) In accordance with Sec.  63.9(b) of subpart A, owners or 
operators of all affected IPCT's that have an initial startup on or 
after September 8, 1994, shall notify the Administrator in writing that 
the source is subject to the relevant standard no later than 12 months 
after initial startup or no later than 120 days after the source 
becomes subject to this subpart, whichever is later. The notification 
shall provide all the information required in paragraphs (a)(1)(i) 
through (iv) of this section.
    (b) * * *
    (1) In accordance with Sec.  63.9(h) of subpart A, owners or 
operators of affected IPCT's shall submit to the Administrator a 
notification of compliance status within 60 days of the date on which 
the IPCT is brought into compliance with Sec.  63.402 of this subpart 
and not later than 18 months after September 8, 1994, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
* * * * *

0
21. Amend table 1 to subpart Q of part 63 by revising the entry for 
Sec.  63.9 to read as follows:

  Table 1 to Subpart Q of Part 63--General Provisions Applicability to
                                Subpart Q
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart Q             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.9(a), (b)(1), (b)(3), (c),   Yes..............  Sec.   63.9(k) only
 (h)(1), (h)(3), (h)(6), (j),                       as specified in
 and (k).                                           63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 73890]]

Subpart R--National Emission Standards for Gasoline Distribution 
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

0
22. Amend table 1 to subpart R of part 63 by adding in numerical order 
entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

  Table 1 to Subpart R of Part 63--General Provisions Applicability to
                                Subpart R
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart R             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart S--National Emission Standards for Hazardous Air Pollutants 
From the Pulp and Paper Industry

0
23. Amend Sec.  63.455 by revising paragraph (a) to read as follows:


Sec.  63.455  Reporting requirements.

    (a) Each owner or operator of a source subject to this subpart 
shall comply with the reporting requirements of subpart A of this part 
as specified in Table 1 to subpart S of part 63 and all the following 
requirements in this section. The initial notification report specified 
under Sec.  63.9(b)(2) of subpart A of this part shall be submitted by 
April 15, 1999, or no later than 120 days after the source becomes 
subject to this subpart, whichever is later.
* * * * *

0
24. Amend table 1 to subpart S of part 63 by adding in numerical order 
entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

  Table 1 to Subpart S of Part 63--General Provisions Applicability to
                               Subpart S a
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart S             Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.

Subpart T--National Emission Standards for Halogenated Solvent 
Cleaning

0
25. Amend Sec.  63.468 by revising the introductory text of paragraphs 
(a), (b), (c), and (d) to read as follows:


Sec.  63.468  Reporting requirements.

    (a) Each owner or operator of an existing solvent cleaning machine 
subject to the provisions of this subpart shall submit an initial 
notification report to the Administrator no later than August 29, 1995, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. This report shall include the information 
specified in paragraphs (a)(1) through (6) of this section.
* * * * *
    (b) Each owner or operator of a new solvent cleaning machine 
subject to the provisions of this subpart shall submit an initial 
notification report to the Administrator. New sources for which 
construction or reconstruction had commenced and initial startup had 
not occurred before December 2, 1994, shall submit this report as soon 
as practicable before startup but no later than January 31, 1995, or no 
later than 120 days after the source becomes subject to this subpart, 
whichever is later. New sources for which the construction or 
reconstruction commenced after December 2, 1994, shall submit this 
report as soon as practicable before the construction or reconstruction 
is planned to commence or for sources which reclassify to major source 
status, no later than 120 days after the source becomes subject to this 
subpart. This report shall include all of the information required in 
Sec.  63.5(d)(1) of subpart A (General Provisions), with the revisions 
and additions in paragraphs (b)(1) through (b)(3) of this section.
* * * * *
    (c) Each owner or operator of a batch cold solvent cleaning machine 
subject to the provisions of this subpart shall submit a compliance 
report to the Administrator. For existing sources, this report shall be 
submitted to the Administrator no later than 150 days after the 
compliance date specified in Sec.  63.460(d), or no later than 120 days 
after the source becomes subject to this subpart, whichever is later. 
For new sources, this report shall be submitted to the Administrator no 
later than 150 days after startup or May 1, 1995, or no later than 120 
days after the source becomes subject to this subpart, whichever is

[[Page 73891]]

later. This report shall include the requirements specified in 
paragraphs (c)(1) through (4) of this section.
* * * * *
    (d) Each owner or operator of a batch vapor or in-line solvent 
cleaning machine complying with the provisions of Sec.  63.463 shall 
submit to the Administrator an initial statement of compliance for each 
solvent cleaning machine. For existing sources, this report shall be 
submitted to the Administrator no later than 150 days after the 
compliance date specified in Sec.  63.460(d), or no later than 120 days 
after the source becomes subject to this subpart, whichever is later. 
For new sources, this report shall be submitted to the Administrator no 
later than 150 days after startup or May 1, 1995, or no later than 120 
days after the source becomes subject to this subpart, whichever is 
later. This statement shall include the requirements specified in 
paragraphs (d)(1) through (6) of this section.
* * * * *

0
26. Amend appendix B to subpart T of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

                Appendix B to Subpart T of Part 63--General Provisions Applicability to Subpart T
----------------------------------------------------------------------------------------------------------------
                                                     Applies to subpart T
              Reference               --------------------------------------------------         Comments
                                                 BCC                      BVI
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Yes....................  Yes....................
 
                                                  * * * * * * *
63.9(k)..............................  Yes....................  Yes....................  Only as specified in
                                                                                          Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart U--National Emission Standards for Hazardous Air Pollutant 
Emissions: Group I Polymers and Resins

0
27. Amend table 1 to subpart U of part 63 by adding in numerical order 
an entry for Sec.  63.1(c)(6), revising the entry for Sec.  63.9(j), 
and adding in numerical order an entry for Sec.  63.9(k) to read as 
follows:

 Table 1 to Subpart U of Part 63--Applicability of General Provisions to
                       Subpart U Affected Sources
------------------------------------------------------------------------
                                  Applies to subpart
            Reference                      U              Explanation
------------------------------------------------------------------------
 
                                * * * * *
Sec.   63.1(c)(6)...............  Yes...............
 
                                * * * * *
Sec.   63.9(j)..................  Yes...............  For change in
                                                       major source
                                                       status only.
Sec.   63.9(k)..................  Yes...............  Only as specified
                                                       in Sec.
                                                       63.9(j).
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

Subpart W--National Emission Standards for Hazardous Air Pollutants 
for Epoxy Resins Production and Non-Nylon Polyamides Production

0
28. Amend table 1 to subpart W of part 63 by adding in numerical order 
entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

                 Table 1 to Subpart W of Part 63--General Provisions Applicability to Subpart W
----------------------------------------------------------------------------------------------------------------
                                                     Applies to subpart W
                                 ------------------------------------------------------------
                                                                            WSR alternative
                                                                           standard, and BLR
            Reference                                                       equipment leak          Comment
                                          BLR                 WSR          standard  (40 CFR
                                                                           part 63, subpart
                                                                                  H)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)...............  Yes...............  Yes...............  Yes...............
 
                                                  * * * * * * *
Sec.   63.9(k)..................  Yes...............  Yes...............  Yes...............  Only as specified
                                                                                               in Sec.
                                                                                               63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73892]]

Subpart X--National Emission Standards for Hazardous Air Pollutants 
From Secondary Lead Smelting

0
29. Amend table 1 to subpart X of part 63 by adding in numerical order 
an entry for Sec.  63.9(k) to read as follows:

  Table 1 to Subpart X of Part 63--General Provisions Applicability to
                                Subpart X
------------------------------------------------------------------------
                                  Applies to subpart
            Reference                      X                Comment
------------------------------------------------------------------------
 
                                * * * * *
63.9(k).........................  Yes...............  Only as specified
                                                       in 63.9(j).
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

Subpart Y-National Emission Standards for Marine Tank Vessel 
Loading Operations

0
30.Amend Sec.  63.567 by revising paragraphs (b)(2) introductory text 
and (b)(3) to read as follows:


Sec.  63.567  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (2) Initial notification for sources with startup before the 
effective date. The owner or operator of a source with initial startup 
before the effective date shall notify the Administrator in writing 
that the source is subject to the relevant standard. The notification 
shall be submitted not later than 365 days after the effective date of 
the emissions standards or no later than 120 days after the source 
becomes subject to this subpart, whichever is later, and shall provide 
the following information:
* * * * *
    (3) Initial notification for sources with startup after the 
effective date. The owner or operator of a new or reconstructed source 
or a source that has been reconstructed such that it is subject to the 
emissions standards that has an initial startup after the effective 
date but before the compliance date, and for which an application for 
approval of construction or reconstruction is not required under Sec.  
63.5(d) of subpart A of this part and Sec.  63.566 of this subpart, or 
a sources which reclassifies to major source status after the effective 
date, shall notify the Administrator in writing that the source is 
subject to the standard no later than 365 days, 120 days after initial 
startup, or no later than 120 days after the source becomes subject to 
this subpart, whichever occurs before notification of the initial 
performance test in Sec.  63.9(e) of subpart A of this part. The 
notification shall provide all the information required in paragraph 
(b)(2) of this section, delivered or postmarked with the notification 
required in paragraph (b)(4) of this section.
* * * * *

0
31. Amend table 1 of Sec.  63.560 by adding in numerical order entries 
for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:


Sec.  63.560  Applicability and designation of affected sources.

* * * * *

 Table 1 to Sec.   63.560--General Provisions Applicability to Subpart Y
------------------------------------------------------------------------
                                      Applies to
            Reference              affected sources         Comment
                                     in subpart Y
------------------------------------------------------------------------
 
                                * * * * *
63.1(c)(6)......................  Yes...............
 
                                * * * * *
63.9(k).........................  Yes...............  Only as specified
                                                       in Sec.
                                                       63.9(j).
 
                                * * * * *
------------------------------------------------------------------------

Subpart AA--National Emission Standards for Hazardous Air 
Pollutants From Phosphoric Acid Manufacturing Plants

0
32. Amend appendix A to subpart AA of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

 Appendix A to Subpart AA of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       AA
----------------------------------------------------------------------------------------------------------------
           40 CFR citation                   Requirement         Applies to subpart AA           Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  .......................  Yes....................  None.
 
                                                  * * * * * * *
Sec.   63.9(k).......................  .......................  Yes....................  Only as specified in
                                                                                          Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart BB--National Emission Standards for Hazardous Air 
Pollutants From Phosphate Fertilizers Production Plants

0
33. Amend appendix A to subpart BB of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

[[Page 73893]]



 Appendix A to Subpart BB of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       BB
----------------------------------------------------------------------------------------------------------------
           40 CFR citation                   Requirement         Applies to subpart BB           Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  .......................  Yes....................  None.
 
                                                  * * * * * * *
Sec.   63.9(k).......................  .......................  Yes....................  Only as specified in
                                                                                          Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart CC-National Emission Standards for Hazardous Air Pollutants 
From Petroleum Refineries

0
34. Amend appendix to subpart CC of part 63 in table 6 by adding in 
numerical order an entry for Sec.  63.1(c)(6) revising the entry for 
Sec.  63.9(j), and adding in numerical order an entry for Sec.  63.9(k) 
to read as follows:

Appendix to Subpart CC of Part 63-Tables

* * * * *

        Table 6--General Provisions Applicability to Subpart CC a
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart CC            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(j).......................  Yes..............  .....................
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
  sent by methods other than the U.S. Mail (e.g., by fax or courier).
  Submittals shall be sent by the specified dates, but a postmark is not
  required.

* * * * *

Subpart DD--National Emission Standards for Hazardous Air 
Pollutants From Off-Site Waste and Recovery Operations

0
35. Amend Sec.  63.697 by revising paragraph (a)(1) introductory text 
to read as follows:


Sec.  63.697  Reporting requirements.

    (a) * * *
    (1) The owner or operator of an affected source must submit notices 
to the Administrator in accordance with the applicable notification 
requirements in 40 CFR 63.9 as specified in Table 2 of this subpart. 
For the purpose of this subpart, an owner or operator subject to the 
initial notification requirements under 40 CFR 63.9(b)(2) must submit 
the required notification on or before October 19, 1999, or no later 
than 120 days after the source becomes subject to this subpart, 
whichever is later.
* * * * *

0
36. Amend table 2 to subpart DD of part 63 by adding in numerical order 
an entry for Sec.  63.1(c)(6) in numerical order, revising the entry 
for Sec.  63.9(j), and adding in numerical order an entry for Sec.  
63.9(k) to read as follows:

Table 2 to Subpart DD of Part 63--Applicability of Paragraphs in Subpart
           A of This Part 63--General Provisions to Subpart DD
------------------------------------------------------------------------
                                    Applies to
      Subpart A reference           subpart DD          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(j).......................  Yes..............  For change in major
                                                    source status only.
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 73894]]

* * * * *

Subpart EE-National Emission Standards for Magnetic Tape 
Manufacturing Operations

0
37. Amend table 1 to subpart EE of part 63 by revising the entry for 
63.9(b)(2) and adding in numerical order entries for Sec. Sec.  
63.1(c)(6) and 63.9(k) to read as follows:

Table 1 to Subpart EE of Part 63--Applicability of General Provisions to
                               Subpart EE
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart EE            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(b)(2)....................  Yes..............  Sec.   63.753(a)(1)
                                                    requires submittal
                                                    of the initial
                                                    notification at
                                                    least 1 year prior
                                                    to the compliance
                                                    date or as specified
                                                    in Sec.
                                                    63.9(b)(2); Sec.
                                                    63.753(a)(2) allows
                                                    a title V or part 70
                                                    permit application
                                                    to be substituted
                                                    for the initial
                                                    notification in
                                                    certain
                                                    circumstances.
 
                              * * * * * * *
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart GG-National Emission Standards for Aerospace Manufacturing 
and Rework Facilities

0
38. Amend table 1 to subpart GG of part 63 by adding in numerical order 
entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

  Table 1 to Subpart GG of Part 63--General Provisions Applicability to
                               Subpart GG
------------------------------------------------------------------------
                                    Applies to
           Reference             affected sources         Comment
                                  in subpart GG
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(k).......................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart HH--National Emission Standards for Hazardous Air 
Pollutants From Oil and Natural Gas Production Facilities

0
39. Amend Sec.  63.760 by revising paragraph (a)(1) introductory text 
to read as follows:


Sec.  63.760  Applicability and designation of affected source.

    (a) * * *
    (1) Facilities that are major or area sources of hazardous air 
pollutants (HAP) as defined in Sec.  63.761. Emissions for major source 
determination purposes can be estimated using the maximum natural gas 
or hydrocarbon liquid throughput, as appropriate, calculated in 
paragraphs (a)(1)(i) through (iii) of this section. As an alternative 
to calculating the maximum natural gas or hydrocarbon liquid 
throughput, the owner or operator of a new or existing source may use 
the facility's design maximum natural gas or hydrocarbon liquid 
throughput to estimate the maximum potential emissions. Other means to 
determine the facility's major source status are allowed, provided the 
information is documented and recorded to the Administrator's 
satisfaction in accordance with Sec.  63.10(b)(3). A facility that is 
determined to be an area source, but subsequently increases its 
emissions or its potential to emit above the major source levels, and 
becomes a major source, must comply with all provisions of this subpart 
applicable to a major source starting on the applicable compliance date 
specified in paragraph (f) of this section. Nothing in this paragraph 
is intended to preclude a source from limiting its potential to emit 
through other appropriate mechanisms that may be available through the 
permitting authority.
* * * * *

0
40. Amend Sec.  63.775 by revising paragraph (c)(1) to read as follows:


Sec.  63.775  Reporting requirements.

* * * * *
    (c) * * *
    (1) The initial notifications required under Sec.  63.9(b)(2) not 
later than January 3, 2008, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later. In addition to 
submitting your initial notification to the addressees specified under 
Sec.  63.9(a), you must also submit a copy of the initial notification 
to the EPA's Office of Air Quality Planning and Standards. Send your 
notification via email to Oil

[[Page 73895]]

and Gas [email protected] or via U.S. mail or other mail delivery service 
to U.S. EPA, Sector Policies and Programs Division/Fuels and 
Incineration Group (E143-01), Attn: Oil and Gas Project Leader, 
Research Triangle Park, NC 27711.
* * * * *

0
41. Amend appendix to subpart HH of part 63 in table 2 by adding in 
numerical order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read 
as follows:

Appendix to Subpart HH of Part 63--Tables

* * * * *

    Table 2 to Subpart HH of Part 63--Applicability of 40 CFR Part 63
                    General Provisions to Subpart HH
------------------------------------------------------------------------
                                     Applicable to
  General provisions reference        subpart HH          Explanation
------------------------------------------------------------------------
 
                                * * * * *
Sec.   63.1(c)(6)...............  Yes...............
 
                                * * * * *
Sec.   63.9(k)..................  Yes...............  Only as specified
                                                       in Sec.
                                                       63.9(j).
 
                                * * * * *
------------------------------------------------------------------------

Subpart II--National Emission Standards for Shipbuilding and Ship 
Repair (Surface Coating)

0
42. Amend table 1 to subpart II of part 63 by removing the entry for 
Sec.  63.9(i)-(j) and adding in its place Sec.  63.9(i)-(k).
    The addition reads as follows:

Table 1 to Subpart II of Part 63--General Provisions of Applicability to
                               Subpart II
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart II            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.9(i)-(k)...................  Yes..............  Sec.   63.9(k) only
                                                    as specified in Sec.
                                                      63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart JJ--National Emission Standards for Wood Furniture 
Manufacturing Operations

0
43. Amend table 1 to subpart JJ of part 63 by revising the entry for 
Sec.  63.9(b) and adding in numerical order entries for Sec. Sec.  
63.1(c)(6) and 63.9(k) to read as follows:

  Table 1 to Subpart JJ of Part 63--General Provisions Applicability to
                               Subpart JJ
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart JJ            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
63.1(c)(6)....................  Yes..............
 
                              * * * * * * *
63.9(b).......................  Yes..............  Existing sources are
                                                    required to submit
                                                    initial notification
                                                    report within 270
                                                    days of the
                                                    effective date or no
                                                    later than 120 days
                                                    after the source
                                                    becomes subject to
                                                    this subpart,
                                                    whichever is later.
 
                              * * * * * * *
63.9(k).......................  Yes..............  Only as specified in
                                                    63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart KK--National Emission Standards for the Printing and 
Publishing Industry

0
44. Amend Sec.  63.830 by revising (b)(1)(i) to read as follows:


Sec.  63.830  Reporting requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) Initial notifications for existing sources shall be submitted 
no later than one year before the compliance date specified in Sec.  
63.826(a), or no later than 120 days after the source becomes subject 
to this subpart, whichever is later.
* * * * *

0
45. Amend table 1 to subpart KK of part 63 by adding in numerical order 
entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

[[Page 73896]]



Table 1 to Subpart KK of Part 63--Applicability of General Provisions to
                               Subpart KK
------------------------------------------------------------------------
                                  Applicable to
 General provisions reference       subpart KK            Comment
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............  Only as specified in
                                                    63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart LL--National Emission Standards for Hazardous Air 
Pollutants for Primary Aluminum Reduction Plants

0
46. Amend appendix A to subpart LL of part 63 adding in numerical order 
entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

                    Appendix A to Subpart LL of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
        Reference sections(s)                Requirement         Applies to subpart LL           Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
63.9(k)..............................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart MM--National Emission Standards for Hazardous Air 
Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, 
Sulfite, and Stand-Alone Semichemical Pulp Mills

0
47. Amend table 1 to subpart MM of part 63 by adding in numerical order 
entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

                Table 1 to Subpart MM of Part 63--General Provisions Applicability to Subpart MM
----------------------------------------------------------------------------------------------------------------
     General provisions reference      Summary of requirements   Applies to subpart MM         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
63.9(k)..............................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart YY--National Emission Standards for Hazardous Air 
Pollutants for Source Categories: Generic Maximum Achievable 
Control Technology Standards

0
48. Amend Sec.  63.1100 by revising paragraph (b) to read as follows:


Sec.  63.1100  Applicability.

* * * * *
    (b) Subpart A requirements. The following provisions of subpart A 
of this part (General Provisions), Sec. Sec.  63.1 through 63.5, and 
Sec. Sec.  63.12 through 63.15, apply to owners or operators of 
affected sources subject to this subpart. For sources that reclassify 
from major source to area source status, the applicable provisions of 
Sec.  63.9(j) and (k) apply. Beginning no later than the compliance 
dates specified in Sec.  63.1102(c), for ethylene production affected 
sources, Sec. Sec.  63.7(a)(4), (c), (e)(4), and (g)(2) and 
63.10(b)(2)(vi) also apply.
* * * * *

[[Page 73897]]

Subpart CCC--National Emission Standards for Hazardous Air 
Pollutants for Steel Pickling--HCl Process Facilities and 
Hydrochloric Acid Regeneration Plants

0
49. Amend Sec.  63.1163 by revising paragraph (a)(3) to read as 
follows:


Sec.  63.1163  Notification requirements.

    (a) * * *
    (3) As required by Sec.  63.9(b)(3) of subpart A of this part, the 
owner or operator of a new or reconstructed affected source, or a 
source that has been reconstructed such that it is an affected source, 
that has an initial startup after the effective date and for which an 
application for approval of construction or reconstruction is not 
required under Sec.  63.5(d) of subpart A of this part, shall notify 
the Administrator in writing that the source is subject to the 
standards no later than 120 days after initial startup, or no later 
than 120 days after the source becomes subject to this subpart, 
whichever is later. The notification shall contain the information 
specified in Sec. Sec.  63.9(b)(2)(i) through (v) of subpart A of this 
part, delivered or postmarked with the notification required in Sec.  
63.9(b)(5) of subpart A of this part.
* * * * *

0
50. Amend table 1 to subpart CCC of part 63 by adding in numerical 
order entries for Sec. Sec.  63.9(j) and 63.9(k) to read as follows:

 Table 1 to Subpart CCC of Part 63--Applicability of General Provisions
               (40 CFR Part 63, Subpart A) to Subpart CCC
------------------------------------------------------------------------
                                  Applies to subpart
            Reference                     CCC             Explanation
------------------------------------------------------------------------
 
                                * * * * *
63.9(j).........................  Yes...............
63.9(k).........................  Yes...............  Only as specified
                                                       in Sec.
                                                       63.9(j).
 
                                * * * * *
------------------------------------------------------------------------

Subpart DDD--National Emission Standards for Hazardous Air 
Pollutants for Mineral Wool Production

0
51. Amend table 1 to subpart DDD of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

  Table 1 to Subpart DDD of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                 DDD of Part 63
----------------------------------------------------------------------------------------------------------------
     General provisions citation             Requirement        Applies to subpart DDD?        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  .......................  Yes....................  Only as specified in
                                                                                          Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart EEE--National Emission Standards for Hazardous Air 
Pollutants from Hazardous Waste Combustors

0
52. Amend table 1 to subpart EEE of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

   Table 1 to Subpart EEE of Part 63--General Provisions Applicable to
                               Subpart EEE
------------------------------------------------------------------------
                                  Applies to subpart
            Reference                     EEE             Explanation
------------------------------------------------------------------------
 
                                * * * * *
63.9(k).........................  Yes...............  Only as specified
                                                       in Sec.
                                                       63.9(j).
 
                                * * * * *
------------------------------------------------------------------------

Subpart GGG--National Emission Standards for Pharmaceuticals 
Production

0
53. Amend table 1 to subpart GGG of part 63 is amended by adding in 
numerical order an entry for Sec.  63.1(c)(6), revising the entry for 
Sec.  63.9(j), and adding in numerical order an entry for Sec.  63.9(k) 
to read as follows:

               Table 1 to Subpart GGG of Part 63--General Provisions Applicability to Subpart GGG
----------------------------------------------------------------------------------------------------------------
     General provisions reference      Summary of requirements   Applies to subpart GGG          Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
63.9(j)..............................  Change in information    Yes....................  For change in major
                                        provided.                                         source status only.
63.9(k)..............................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73898]]

Subpart HHH--National Emission Standards for Hazardous Air 
Pollutants From Natural Gas Transmission and Storage Facilities

0
54. Amend Sec.  63.1270 by revising paragraph (a) introductory text to 
read as follows:


Sec.  63.1270  Applicability and designation of affected source.

    (a) This subpart applies to owners and operators of natural gas 
transmission and storage facilities that transport or store natural gas 
prior to entering the pipeline to a local distribution company or to a 
final end user (if there is no local distribution company), and that 
are major sources of hazardous air pollutants (HAP) emissions as 
defined in Sec.  63.1271. Emissions for major source determination 
purposes can be estimated using the maximum natural gas throughput 
calculated in either paragraph (a)(1) or (2) of this section and 
paragraphs (a)(3) and (4) of this section. As an alternative to 
calculating the maximum natural gas throughput, the owner or operator 
of a new or existing source may use the facility design maximum natural 
gas throughput to estimate the maximum potential emissions. Other means 
to determine the facility's major source status are allowed, provided 
the information is documented and recorded to the Administrator's 
satisfaction in accordance with Sec.  63.10(b)(3). A compressor station 
that transports natural gas prior to the point of custody transfer or 
to a natural gas processing plant (if present) is not considered a part 
of the natural gas transmission and storage source category. A facility 
that is determined to be an area source, but subsequently increases its 
emissions or its potential to emit above the major source levels 
(without obtaining and complying with other limitations that keep its 
potential to emit HAP below major source levels), and becomes a major 
source, must comply with all applicable provisions of this subpart 
starting on the applicable compliance date specified in paragraph (d) 
of this section. Nothing in this paragraph is intended to preclude a 
source from limiting its potential to emit through other appropriate 
mechanisms that may be available through the permitting authority.
* * * * *

0
55. Amend table 2 to subpart HHH of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

Appendix: Table 2 to Subpart HHH of Part 63-Applicability of 40 CFR part
                  63 General Provisions to Subpart HHH
------------------------------------------------------------------------
                                     Applicable to
  General provisions Reference        subpart HHH         Explanation
------------------------------------------------------------------------
 
                                * * * * *
Sec.   63.1(c)(6)...............  Yes...............
 
                                * * * * *
Sec.   63.9(k)..................  Yes...............  Only as specified
                                                       in Sec.
                                                       63.9(j).
 
                                * * * * *
------------------------------------------------------------------------

Subpart III--National Emission Standards for Hazardous Air 
Pollutants for Flexible Polyurethane Foam Production

0
56. Amend table 1 to subpart III of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

 Table 1 to Subpart III of Part 63--Applicability General Provisions (40
                 CFR Part 63, Subpart A) to Subpart III
------------------------------------------------------------------------
                                  Applies to Subpart
       Subpart A reference                III               Comment
------------------------------------------------------------------------
 
                                * * * * *
Sec.   63.9(k)..................  Yes...............  Only as specified
                                                       in Sec.
                                                       63.9(j).
 
                                * * * * *
------------------------------------------------------------------------

Subpart JJJ--National Emission Standards for Hazardous Air 
Pollutant Emissions: Group IV Polymers and Resins

0
57. Amend table 1 to subpart JJJ of part 63 is amended by adding in 
numerical order an entry for Sec.  63.1(c)(6), revising the entry for 
Sec.  63.9(j), and adding in numerical order an entry for Sec.  63.9(k) 
to read as follows:

     Table 1 to Subpart JJJ of Part 63--Applicability of General Provisions to Subpart JJJ Affected Sources
----------------------------------------------------------------------------------------------------------------
                                      Applies to Subpart
             Reference                       JJJ                                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6).................  Yes..................
 
                                                  * * * * * * *
Sec.   63.9(j)....................  Yes..................  For change in major source status only.
Sec.   63.9(k)....................  Yes..................  Only as specified in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart LLL--National Emission Standards for Hazardous Air 
Pollutants From the Portland Cement Manufacturing Industry

0
58. Amend table 1 to subpart LLL of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

[[Page 73899]]



                     Table 1 to Subpart LLL of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement         Applies to subpart LLL        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)...........................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
63.9(k)..............................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart MMM--National Emission Standards for Hazardous Air 
Pollutants for Pesticide Active Ingredient Production

0
59. Amend table 1 to subpart MMM of part 63 by adding in numerical 
order an entry for Sec.  63.1(c)(6), revising the entry for Sec.  
63.9(j), and adding in numerical order an entry for Sec.  63.9(k) to 
read as follows:

 Table 1 to Subpart MMM of Part 63--General Provisions Applicability to
                               Subpart MMM
------------------------------------------------------------------------
                                    Applies to
    Reference to subpart A         subpart MMM          Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(j)................  Yes..............  For change in major
                                                    source status only,
                                                    Sec.   63.1368(h)
                                                    specifies procedures
                                                    for other
                                                    notification of
                                                    changes.
Sec.   63.9(k)................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart NNN--National Emission Standards for Hazardous Air 
Pollutants for Wool Fiberglass Manufacturing

0
60. Amend table 1 to subpart NNN of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

  Table 1 to Subpart NNN of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                       NNN
----------------------------------------------------------------------------------------------------------------
     General provisions citation             Requirement        Applies to subpart NNN?        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  .......................  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Yes....................  Only as specified in
                                                                 Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart OOO--National Emission Standards for Hazardous Air 
Pollutant Emissions: Manufacture of Amino/Phenolic Resins

0
61. Amend table 1 to subpart OOO of part 63 by adding in numerical 
order an entry for Sec.  63.1(c)(6), revising the entry for Sec.  
63.9(j), and adding in numerical order an entry for Sec.  63.9(k) to 
read as follows:

[[Page 73900]]



     Table 1 to Subpart OOO of Part 63--Applicability of General Provisions to Subpart OOO Affected Sources
----------------------------------------------------------------------------------------------------------------
                                      Applies to subpart
             Reference                       OOO                                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)........................  Yes..................
 
                                                  * * * * * * *
63.9(j)...........................  Yes..................  For change in major source status only.
63.9(k)...........................  Yes..................  Only as specified in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart PPP--National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyether Polyols Production

0
62. Amend Sec.  63.1434 by revising paragraphs (d) and (e) to read as 
follows:


Sec.  63.1434  Equipment leak provisions.

* * * * *
    (d) When the HON equipment leak Initial Notification requirements 
contained in Sec. Sec.  63.182(a)(1) and 63.182(b) are referred to in 
40 CFR part 63, subpart H, the owner or operator shall comply with the 
Initial Notification requirements contained in Sec.  63.1439(e)(3), for 
the purposes of this subpart. The Initial Notification shall be 
submitted no later than June 1, 2000, or no later than 120 days after 
the source becomes subject to this subpart, whichever is later, for 
existing sources.
    (e) The HON equipment leak Notification of Compliance Status 
required by Sec. Sec.  63.182(a)(2) and 63.182(c) shall be submitted 
within 150 days (rather than 90 days) of the applicable compliance date 
specified in Sec.  63.1422 for the equipment leak provisions. The 
Initial Notification shall be submitted no later than June 1, 2000, or 
no later than 120 days after the source becomes subject to this 
subpart, whichever is later, for existing sources.
* * * * *

0
63. Amend Sec.  63.1439 by revising paragraphs (e)(3)(ii)(B) and (C) to 
read as follows:


Sec.  63.1439  General recordkeeping and reporting provisions.

* * * * *
    (e) * * *
    (3) * * *
    (ii) * * *
    (B) For a new source that has an initial start-up on or after 
August 30, 1999, the application for approval of construction or 
reconstruction required by the General Provisions in Sec.  63.5(d) 
shall be submitted in lieu of the Initial Notification. The application 
shall be submitted as soon as practical before construction or 
reconstruction is planned to commence (but it need not be sooner than 
August 30, 1999). For a new source that reclassifies to major source 
status after January 19, 2021, and greater than 90 days after the 
initial start-up, the source shall submit the initial notification 
required by 63.9(b) no later than 120 days after the source becomes 
subject to this subpart.
    (C) For a new source that has an initial start-up prior to August 
30, 1999, the Initial Notification shall be submitted no later than 
August 30, 1999, or no later than 120 days after the source becomes 
subject to this subpart, whichever is later. The application for 
approval of construction or reconstruction described in the General 
Provisions' requirements in Sec.  63.5(d) is not required for these 
sources.
* * * * *

0
64. Amend table 1 to subpart PPP of part 63 by adding in numerical 
order an entry for Sec.  63.1(c)(6), revising the entry for Sec.  
63.9(j), and adding in numerical order an entry for Sec.  63.9(k) to 
read as follows:

     Table 1 to Subpart PPP of Part 63--Applicability of General Provisions to Subpart PPP Affected Sources
----------------------------------------------------------------------------------------------------------------
                                      Applies to subpart
             Reference                       PPP                                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.1(c)(6)........................  Yes..................
 
                                                  * * * * * * *
63.9(j)...........................  Yes..................  For change in major source status only.
63.9(k)...........................  Yes..................  Only as specified in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart QQQ--National Emission Standards for Hazardous Air 
Pollutants for Primary Copper Smelting

0
65. Revise Sec.  63.1441 to read as follows:


Sec.  63.1441  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a primary 
copper smelter that is (or is part of) a major source of hazardous air 
pollutant (HAP) emissions and your primary copper smelter uses batch 
copper converters as defined in Sec.  63.1459. Your primary copper 
smelter is a major source of HAP if it emits or has the potential to 
emit any single HAP at the rate of 10 tons or more per year or any 
combination of HAP at a rate of 25 tons or more per year.

0
66. Amend Sec.  63.1454 by revising paragraph (b) to read as follows:


Sec.  63.1454  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start your affected 
source before June 12,

[[Page 73901]]

2002, you must submit your initial notification not later than October 
10, 2002, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later.
* * * * *

Subpart RRR--National Emission Standards for Hazardous Air 
Pollutants for Secondary Aluminum Production

0
67. Amend appendix A to subpart RRR of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

              Appendix A to Subpart RRR of Part 63--General Provisions Applicability to Subpart RRR
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement         Applies to subpart RRR          Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart TTT--National Emission Standards for Hazardous Air 
Pollutants for Primary Lead Smelting

0
68. Amend table 1 to subpart TTT of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

               Table 1 to Subpart TTT of Part 63--General Provisions Applicability to Subpart TTT
----------------------------------------------------------------------------------------------------------------
               Reference                  Applies to subpart TTT                      Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
63.9(k)...............................  Yes......................  Only as specified in 63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart UUU--National Emission Standards for Hazardous Air 
Pollutants for Petroleum Refineries: Catalytic Cracking Units, 
Catalytic Reforming Units, and Sulfur Recovery Units

0
69. Amend Sec.  63.1574 by revising paragraph (b) to read as follows:


Sec.  63.1574  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you startup your new 
affected source before April 11, 2002, you must submit the initial 
notification no later than August 9, 2002, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
* * * * *

0
70. Amend table 44 to subpart UUU of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:
* * * * *

          Table 44 to Subpart UUU of Part 63--Applicability of NESHAP General Provisions to Subpart UUU
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject           Applies to subpart UUU        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73902]]

Subpart VVV--National Emission Standards for Hazardous Air 
Pollutants: Publicly Owned Treatment Works

0
71. Amend Sec.  63.1591 by revising paragraphs (a)(1) and (2) to read 
as follows:


Sec.  63.1591  What are my notification requirements?

    (a) * * *
    (1) If you have an existing Group 1 or Group 2 POTW treatment 
plant, you must submit an initial notification by October 26, 2018, or 
no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
    (2) If you have a new Group 1 or Group 2 POTW treatment plant, you 
must submit an initial notification upon startup, or when the source 
becomes subject to this subpart, whichever is later.
* * * * *

0
72. Amend table 1 to subpart VVV of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

      Table 1 to Subpart VVV of Part 63--Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
----------------------------------------------------------------------------------------------------------------
     General provisions reference       Applicable to subpart VVV                   Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6).....................  Yes......................
 
                                                  * * * * * * *
Sec.   63.9(k)........................  Yes......................  Only as specified in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart XXX--National Emission Standards for Hazardous Air 
Pollutants for Ferroalloys Production: Ferromanganese and 
Silicomanganese

0
73. Amend table 1 to subpart XXX of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

               Table 1 to Subpart XXX of Part 63--General Provisions Applicability to Subpart XXX
----------------------------------------------------------------------------------------------------------------
               Reference                  Applies to subpart XXX                      Comment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k)........................  Yes......................  Only as specified in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart DDDD--National Emission Standards for Hazardous Air 
Pollutants: Plywood and Composite Wood Products

0
74. Amend Sec.  63.2280 by revising paragraph (b) to read as follows:


Sec.  63.2280  What notifications must I submit and when?

* * * * *
    (b) You must submit an Initial Notification no later than 120 
calendar days after September 28, 2004, 120 calendar days after initial 
startup, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later, as specified in Sec.  63.9(b)(2). 
Initial Notifications required to be submitted after August 13, 2020, 
for affected sources that commence construction or reconstruction after 
September 6, 2019, and on and after August 13, 2021, for all other 
affected sources submitting initial notifications required in Sec.  
63.9(b) must be submitted following the procedure specified in Sec.  
63.2281(h), (k), and (l).
* * * * *

0
75. Amend table 10 to subpart DDDD of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

            Table 10 to Subpart DDDD of Part 63--Applicability of General Provisions to Subpart DDDD
----------------------------------------------------------------------------------------------------------------
                                                                                                Applies to this
                                                                            Applies to this     subpart on and
                                                                            subpart before     after August 13,
            Citation                    Subject        Brief description   August 13, 2021,     2021, except as
                                                                          except as noted in   noted in footnote
                                                                           footnote ``1'' to     ``1'' to this
                                                                              this table             table
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k)..................  Electronic          Electronic          Yes, only as        Yes, only as
                                   reporting           reporting           specified in Sec.   specified in Sec.
                                   procedures.         procedures.           63.9(j).            63.9(j).
 

[[Page 73903]]

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

Subpart EEEE--National Emission Standards for Hazardous Air 
Pollutants: Organic Liquids Distribution (Non-Gasoline)

0
76. Amend Sec.  63.2382 by revising paragraphs (b)(1) and (2) to read 
as follows:


Sec.  63.2382  What notifications must I submit and when and what 
information should be submitted?

* * * * *
    (b) Initial Notification. (1) If you startup your affected source 
before February 3, 2004, you must submit the Initial Notification no 
later than 120 calendar days after February 3, 2004, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
    (2) If you startup your new or reconstructed affected source on or 
after February 3, 2004, you must submit the Initial Notification no 
later than 120 days after initial startup, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
* * * * *

0
77. Amend table 12 to subpart EEEE of part 63 by revising the entry for 
Sec.  63.9(j) and adding in numerical order an entry for Sec.  63.9(k) 
to read as follows:

Table 12 to Subpart EEEE of Part 63--Applicability of General Provisions
                             to Subpart EEEE
                              * * * * * * *
------------------------------------------------------------------------
                                             Brief          Applies to
       Citation            Subject        description      subpart EEEE
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(j).......  Change in        Must submit      Yes for change
                        Previous         within 15 days   to major
                        Information.     after the        source status,
                                         change.          other changes
                                                          are reported
                                                          in the first
                                                          and subsequent
                                                          compliance
                                                          reports.
Sec.   63.9(k).......  Electronic       Procedure to     Yes, only as
                        reporting        report           specified in
                        procedures.      electronically   Sec.
                                         for              63.9(j).
                                         notification
                                         in Sec.
                                         63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart FFFF--National Emission Standards for Hazardous Air 
Pollutants: Miscellaneous Organic Chemical Manufacturing

0
78. Amend Sec.  63.2515 by designating the text of paragraph (b) 
introductory text after the subject heading as paragraph (b)(1) and 
revising newly designated paragraph (b)(1) to read as follows:


Sec.  63.2515  What notifications must I submit and when?

* * * * *
    (b) * * *
    (1) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before November 10, 2003, you must submit an initial 
notification not later than 120 calendar days after November 10, 2003, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
* * * * *

0
79. Amend table 12 to subpart FFFF of part 63 by revising the entry for 
Sec.  63.9(j) and adding in numerical order an entry for Sec.  63.9(k) 
to read as follows:

Table 12 to Subpart FFFF of Part 63--Applicability of General Provisions
                             to Subpart FFFF
                              * * * * * * *
------------------------------------------------------------------------
         Citation                Subject               Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(j)...........  Change in previous   Yes, for change in major
                            information.         source status,
                                                 otherwise Sec.
                                                 63.2520(e) specifies
                                                 reporting requirements
                                                 for process changes.
Sec.   63.9(k)...........  Electronic           Yes, as specified in
                            reporting            Sec.   63.9(j).
                            procedures.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 73904]]

Subpart GGGG--National Emission Standards for Hazardous Air 
Pollutants: Solvent Extraction for Vegetable Oil Production

0
80. Amend Sec.  63.2860 by revising paragraph (a) introductory text to 
read as follows:


Sec.  63.2860  What notifications must I submit and when?

* * * * *
    (a) Initial notification for existing sources. For an existing 
source, submit an initial notification to the agency responsible for 
these NESHAP no later than 120 days after the effective date of this 
subpart, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later. In the notification, include the 
items in paragraphs (a)(1) through (5) of this section:
* * * * *

0
81. Amend Sec.  63.2870 in table 1 to Sec.  63.2870 by adding in 
numerical order entries for Sec.  63.9(j) and (k) to read as follows:


Sec.  63.2870   What Parts of the General Provisions apply to me?

* * * * *

     Table 1 to Sec.   63.2870--Applicability of 40 CFR Part 63, Subpart A, to 40 CFR Part 63, Subpart GGGG
----------------------------------------------------------------------------------------------------------------
    General provisions                           Brief description of
         citation           Subject of citation       requirement       Applies to subpart       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(j)...........  Notification          Change in previous    Yes.................
                            requirements.         information.
Sec.   63.9(k)...........  Notification          Electronic reporting  Yes.................  Only as specified
                            requirements.         procedures.                                 in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HHHH--National Emission Standards for Hazardous Air 
Pollutants for Wet-Formed Fiberglass Mat Production

0
82. Amend table 2 to subpart HHHH of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

 Table 2 to Subpart HHHH of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                      HHHH
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart HHHH        Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart IIII--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Automobiles and Light-Duty Trucks

0
83. Amend Sec.  63.3110 by revising paragraph (b) to read as follows:


Sec.  63.3110  What notifications must I submit?

* * * * *
    (b) You must submit the Initial Notification required by Sec.  
63.9(b) for a new or reconstructed affected source no later than 120 
days after initial startup, 120 days after the source becomes subject 
to this subpart, or 120 days after June 25, 2004, whichever is later. 
For an existing affected source, you must submit the Initial 
Notification no later than 1 year after April 26, 2004, or no later 
than 120 days after the source becomes subject to this subpart, 
whichever is later. Existing sources that have previously submitted 
notifications of applicability of this rule pursuant to section 112(j) 
of the CAA are not required to submit an Initial Notification under 
Sec.  63.9(b) except to identify and describe all additions to the 
affected source made pursuant to Sec.  63.3082(c). If you elect to 
include the surface coating of new other motor vehicle bodies, body 
parts for new other motor vehicles, parts for new other motor vehicles, 
or aftermarket repair or replacement parts for other motor vehicles in 
your affected source pursuant to Sec.  63.3082(c) and your affected 
source has an initial startup before February 20, 2007, then you must 
submit an Initial Notification of this election no later than 120 days 
after initial startup or February 20, 2007, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
* * * * *

0
84. Amend table 2 to subpart IIII of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

[[Page 73905]]



       Table 2 to Subpart IIII of Part 63--Applicability of General Provisions to Subpart IIII of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    IIII                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart JJJJ--National Emission Standards for Hazardous Air 
Pollutants: Paper and Other Web Coating

0
85. Amend Sec.  63.3400 by revising paragraph (b)(1) to read as 
follows:


Sec.  63.3400  What notifications and reports must I submit?

* * * * *
    (b) * * *
    (1) Initial notification for existing affected sources must be 
submitted no later than 1 year before the compliance date specified in 
Sec.  63.3330(a), or no later than 120 days after the source becomes 
subject to this subpart, whichever is later.
* * * * *

0
86. Amend table 2 to subpart JJJJ of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

   Table 2 to Subpart JJJJ of Part 63--Applicability of 40 CFR Part 63
                   General Provisions to Subpart JJJJ
                              * * * * * * *
------------------------------------------------------------------------
                                  Applicable to
 General provisions reference      subpart JJJJ         Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.1(c)(6).............  Yes..............
 
                              * * * * * * *
Sec.   63.9(k)................  Yes..............  Only as specified in
                                                    Sec.   63.9(j).
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart KKKK--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Cans

0
87. Amend Sec.  63.3510 by revising paragraph (b) to read as follows:


Sec.  63.3510  What notifications must I submit?

* * * * *
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, no later than 120 days after 
the source becomes subject to this subpart, or 120 days after November 
13, 2003, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than November 13, 2004, or no 
later than 120 days after the source becomes subject to this subpart, 
whichever is later.
* * * * *

0
88. Amend table 5 to subpart KKKK of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

             Table 5 to Subpart KKKK of Part 63--Applicability of General Provisions to Subpart KKKK
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    KKKK                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73906]]

Subpart MMMM--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Miscellaneous Metal Parts and 
Products

0
89. Amend Sec.  63.3910 by revising paragraph (b) to read as follows:


Sec.  63.3910  What notifications must I submit?

* * * * *
    (b) Initial notification. You must submit the initial notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after January 2, 
2004, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later. For an existing affected source, you 
must submit the initial notification no later than 1 year after January 
2, 2004, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later. If you are using compliance with the 
Surface Coating of Automobiles and Light-Duty Trucks NESHAP (subpart 
IIII of this part) as provided for under Sec.  63.3881(d) to constitute 
compliance with this subpart for any or all of your metal parts coating 
operations, then you must include a statement to this effect in your 
initial notification, and no other notifications are required under 
this subpart in regard to those metal parts coating operations. If you 
are complying with another NESHAP that constitutes the predominant 
activity at your facility under Sec.  63.3881(e)(2) to constitute 
compliance with this subpart for your metal parts coating operations, 
then you must include a statement to this effect in your initial 
notification, and no other notifications are required under this 
subpart in regard to those metal parts coating operations. If you own 
or operate an existing loop slitter or flame lamination affected 
source, submit an initial notification no later than 120 days after 
April 14, 2003, or no later than 120 days after the source becomes 
subject to this subpart.
* * * * *

0
90. Amend table 2 to subpart MMMM of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

       Table 2 to Subpart MMMM of Part 63--Applicability of General Provisions to Subpart MMMM of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    MMMM                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart NNNN--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Large Appliances

0
91. Amend Sec.  63.4110 by revising paragraph (a)(1) to read as 
follows:


Sec.  63.4110  What notifications must I submit.

    (a) * * *
    (1) You must submit the Initial Notification required by Sec.  
63.9(b) for an existing affected source no later than July 23, 2003, or 
no later than 120 days after the source becomes subject to this 
subpart. For a new or reconstructed affected source, you must submit 
the Initial Notification no later than 120 days after initial startup, 
November 20, 2002, or no later than 120 days after the source becomes 
subject to this subpart, whichever is later.
* * * * *

0
92. Amend table 2 to subpart NNNN of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

             Table 2 to Subpart NNNN of Part 63--Applicability of General Provisions to Subpart NNNN
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable  to subpart
               Citation                        Subject                    NNNN                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73907]]

Subpart OOOO--National Emission Standards for Hazardous Air 
Pollutants: Printing, Coating, and Dyeing of Fabrics and Other 
Textiles

0
93. Amend Sec.  63.4310 by revising paragraph (b) to read as follows:


Sec.  63.4310  What notifications must I submit?

* * * * *
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after May 29, 2003, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than 1 year after May 29, 
2003, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later.
* * * * *

0
94. Amend table 3 to subpart OOOO of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

             Table 3 to Subpart OOOO of Part 63--Applicability of General Provisions to Subpart OOOO
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable  to subpart
               Citation                        Subject                    OOOO                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart PPPP--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Plastic Parts and Products

0
95. Amend Sec.  63.4510 by revising paragraph (b) to read as follows:


Sec.  63.4510  What notifications must I submit?

* * * * *
    (b) Initial notification. You must submit the initial notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after April 19, 
2004, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later. For an existing affected source, you 
must submit the initial notification no later than 1 year after April 
19, 2004, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later. If you are using compliance with the 
Surface Coating of Automobiles and Light-Duty Trucks NESHAP (subpart 
IIII of this part) as provided for under Sec.  63.4481(d) to constitute 
compliance with this subpart for any or all of your plastic parts 
coating operations, then you must include a statement to this effect in 
your initial notification, and no other notifications are required 
under this subpart in regard to those plastic parts coating operations. 
If you are complying with another NESHAP that constitutes the 
predominant activity at your facility under Sec.  63.4481(e)(2) to 
constitute compliance with this subpart for your plastic parts coating 
operations, then you must include a statement to this effect in your 
initial notification, and no other notifications are required under 
this subpart in regard to those plastic parts coating operations.
* * * * *

0
96. Amend table 2 to subpart PPPP of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

       Table 2 to Subpart PPPP of Part 63--Applicability of General Provisions to Subpart PPPP of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable  to subpart
               Citation                        Subject                    PPPP                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart QQQQ--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Wood Building Products

0
97. Amend Sec.  63.4710 by revising paragraph (b) to read as follows:


Sec.  63.4710  What notifications must I submit?

* * * * *
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after May 28, 2003, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than 120 days after May 28, 
2003, or no

[[Page 73908]]

later than 120 days after the source becomes subject to this subpart, 
whichever is later.
* * * * *

0
98. Amend table 4 to subpart QQQQ of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

       Table 4 to Subpart QQQQ of Part 63--Applicability of General Provisions to Subpart QQQQ of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable  to subpart
               Citation                        Subject                    QQQQ                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart RRRR--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Furniture

0
99. Amend Sec.  63.4910 by revising paragraph (b) to read as follows:


Sec.  63.4910  What notifications must I submit?

* * * * *
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup, 120 days after May 23, 2003, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than 1 year after May 23, 
2003, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later.
* * * * *

0
100. Amend table 2 to subpart RRRR of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

             Table 2 to Subpart RRRR of Part 63--Applicability of General Provisions to Subpart RRRR
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject           Applicable  to subpart        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart SSSS--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Coil

0
101. Amend Sec.  63.5180 by revising paragraph (b)(1) to read as 
follows:


Sec.  63.5180  What reports must I submit

* * * * *
    (b) * * *
    (1) Submit an initial notification for an existing source no later 
than 2 years after June 10, 2002, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
* * * * *

0
102. Amend table 2 to subpart SSSS of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

             Table 2 to Subpart SSSS of Part 63--Applicability of General Provisions to Subpart SSSS
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Applicable  to subpart
     General provisions  reference                 SSSS                             Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6).....................  Yes......................
 
                                                  * * * * * * *
Sec.   63.9(k)........................  Yes......................  Only as specified in Sec.   63.9(j).
 

[[Page 73909]]

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

Subpart TTTT--National Emission Standards for Hazardous Air 
Pollutants for Leather Finishing Operations

0
103. Amend Sec.  63.5415 by revising paragraph (b) to read as follows:


Sec.  63.5415  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before February 27, 2002, you must submit an Initial 
Notification not later than June 27, 2002, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
* * * * *

0
104. Amend table 2 to subpart TTTT of part 63 by adding in numerical 
order entries for Sec. Sec.  63.9(j) and (k) to read as follows:

             Table 2 to Subpart TTTT of Part 63--Applicability of General Provisions to Subpart TTTT
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Subject of       Brief description
   General provisions citation         citation         of requirement    Applies to subpart      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(j)..................  Notification        Change in previous  Yes...............
                                   requirements.       information.
Sec.   63.9(k)..................  Notification        Electronic          Yes...............  Only as specified
                                   requirements.       reporting                               in Sec.
                                                       procedures.                             63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart UUUU--National Emission Standards for Hazardous Air 
Pollutants for Cellulose Products Manufacturing

0
105. Amend table 7 to subpart UUUU of part 63 by revising entry 4 to 
read as follows:

            Table 7 to Subpart UUUU of Part 63--Notifications
                              * * * * * * *
------------------------------------------------------------------------
              If you . . .                     then you must . . .
------------------------------------------------------------------------
 
                              * * * * * * *
4. start up your affected source before  submit an initial notification
 June 11, 2002.                           no later than 120 days after
                                          June 11, 2002, or no later
                                          than 120 after the source
                                          becomes subject to this
                                          subpart, whichever is later,
                                          as specified in Sec.
                                          63.9(b)(2).
 
                              * * * * * * *
------------------------------------------------------------------------


0
106. Amend table 8 to subpart UUUU of part 63 by revising entry 7 to 
read as follows:

[[Page 73910]]



       Table 8 to Subpart UUUU of Part 63--Reporting Requirements
                              * * * * * * *
------------------------------------------------------------------------
  You must submit a compliance report,
    which must contain the following      and you must submit the report
           information . . .                          . . .
------------------------------------------------------------------------
 
                              * * * * * * *
7. the report must contain any changes   ...............................
 in information already provided, as
 specified in Sec.   63.9(j), except
 changes in major source status must be
 reported per Sec.   63.9(j);
 
                              * * * * * * *
------------------------------------------------------------------------


0
107. Table 10 to subpart UUUU of part 63 is amended by revising the 
entry for Sec.  63.9(j) and adding an entry for Sec.  63.9(k), in 
numerical order, to read as follows:

            Table 10 to Subpart UUUU of Part 63--Applicability of General Provisions to Subpart UUUU
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                        Subject             Brief description     Applies to subpart UUUU
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(j).......................  Change in previous       Must submit within 15    Yes, except the
                                        information.             days of the change.      notification for all
                                                                                          but change in major
                                                                                          source status must be
                                                                                          submitted as part of
                                                                                          the next semiannual
                                                                                          compliance report, as
                                                                                          specified in Table 8
                                                                                          to this subpart.
Sec.   63.9(k).......................  Electronic reporting     Procedure for            Yes, as specified in
                                        procedures.              electronically           Sec.   63.9(j).
                                                                 reporting the
                                                                 notification required
                                                                 by Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart VVVV--National Emission Standards for Hazardous Air 
Pollutants for Boat Manufacturing

0
108. Amend table 8 to subpart VVVV of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

 Table 8 to Subpart VVVV of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart
                                                      VVVV
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart VVVV        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart WWWW--National Emissions Standards for Hazardous Air 
Pollutants: Reinforced Plastic Composites Production

0
109. Amend table 2 to subpart WWWW of part 63 by revising entry 1 to 
read as follows:

[[Page 73911]]



    Table 2 to Subpart WWWW of Part 63--Compliance Dates for New and
            Existing Reinforced Plastic Composites Facilities
                              * * * * * * *
------------------------------------------------------------------------
                                                          Then you must
   If your facility is . . .           And . . .         comply by this
                                                           date . . .
------------------------------------------------------------------------
1. An existing source.........  a. Is a major source    April 21, 2006.
                                 on or before the
                                 publication date of
                                 this subpart.
 
                              * * * * * * *
------------------------------------------------------------------------


0
110. Amend table 15 to subpart WWWW of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

 Table 15 to Subpart WWWW of Part 63--Applicability of General Provisions (Subpart A) to Subpart WWWW of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                              Subject to the
   The general provisions reference         That addresses       And applies to subpart    following additional
                                                                    WWWW of part 63            information
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................  .......................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart XXXX--National Emissions Standards for Hazardous Air 
Pollutants: Rubber Tire Manufacturing

0
111. Amend Sec.  63.6009 by revising paragraph (b) to read as follows:


Sec.  63.6009  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before July 9, 2002, you must submit an Initial Notification not 
later than November 6, 2002, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later.
* * * * *

0
112. Amend table 17 to subpart XXXX of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

          Table 17 to Subpart XXXX of Part 63--Applicability of General Provisions to This Subpart XXXX
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                Applicable to subpart XXXX?
                                                       Brief description ---------------------------------------
            Citation                    Subject          of applicable      Using a control       Not using a
                                                           sections             device          control device
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k)..................  Notification......  Electronic          Yes, as specified   Yes, as specified
                                                       reporting           in Sec.   63.9(j).  in Sec.
                                                       procedures.                             63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart YYYY--National Emission Standards for Hazardous Air 
Pollutants for Stationary Combustion Turbines

0
113. Amend Sec.  63.6145 by revising paragraph (b) to read as follows:


Sec.  63.6145  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your new or 
reconstructed stationary combustion turbine before March 5, 2004, you 
must submit an Initial Notification not later than 120 calendar days 
after March 5, 2004, or no later than 120 days after the source becomes 
subject to this subpart, whichever is later.
* * * * *

0
114. Amend table 7 to subpart YYYY of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

[[Page 73912]]



             Table 7 to Subpart YYYY of Part 63--Applicability of General Provisions to Subpart YYYY
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart YYYY        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart ZZZZ--National Emissions Standards for Hazardous Air 
Pollutants for Stationary Reciprocating Internal Combustion Engines

0
115. Amend Sec.  63.6645 by revising paragraphs (b) and (d) to read as 
follows:


Sec.  63.6645  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions before the effective date of this 
subpart, you must submit an Initial Notification not later than 
December 13, 2004, or no later than 120 days after the source becomes 
subject to this subpart, whichever is later.
* * * * *
    (d) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE with a site rating of equal to or less than 500 brake 
HP located at a major source of HAP emissions before the effective date 
of this subpart and you are required to submit an initial notification, 
you must submit an Initial Notification not later than July 16, 2008, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
* * * * *

0
116. Amend table 8 to subpart ZZZZ of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:
* * * * *

             Table 8 to Subpart ZZZZ of Part 63--Applicability of General Provisions to Subpart ZZZZ
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
     General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart AAAAA--National Emission Standards for Hazardous Air 
Pollutants for Lime Manufacturing Plants

0
117. Amend Sec.  63.7130 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  63.7130  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before January 5, 2004, you must submit an initial notification 
not later than 120 calendar days after January 5, 2004, or no later 
than 120 days after the source becomes subject to this subpart, 
whichever is later.
    (c) If you startup your new or reconstructed affected source on or 
after January 5, 2004, you must submit an initial notification not 
later than 120 calendar days after you start up your affected source, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
* * * * *

0
118. Amend table 8 to subpart AAAAA of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:

            Table 8 to Subpart AAAAA of Part 63--Applicability of General Provisions to Subpart AAAAA
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                  Am I subject to this
               Citation                 Summary of requirement        requirement?             Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73913]]

Subpart BBBBB--National Emission Standards for Hazardous Air 
Pollutants for Semiconductor Manufacturing

0
119. Amend Sec.  63.7189 by revising paragraph (b) to read as follows:


Sec.  63.7189  What applications and notifications must I submit and 
when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before May 22, 2003, you must submit an Initial Notification not 
later than 120 calendar days after May 22, 2003, or no later than 120 
days after the source becomes subject to this subpart, whichever is 
later.
* * * * *

Subpart CCCCC--National Emission Standards for Hazardous Air 
Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks

0
120. Amend Sec.  63.7340 by revising paragraph (b) to read as follows:


Sec.  63.7340  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before April 14, 2003, you must submit your initial notification 
no later than August 12, 2003, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
* * * * *

Subpart DDDDD--National Emission Standards for Hazardous Air 
Pollutants for Major Sources: Industrial, Commercial, and 
Institutional Boilers and Process Heaters

0
121. Amend Sec.  63.7545 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  63.7189  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before January 31, 2013, you must submit an Initial Notification 
not later than 120 days after January 31, 2013, or no later than 120 
days after the source becomes subject to this subpart, whichever is 
later.
    (c) As specified in Sec.  63.9(b)(4) and (5), if you startup your 
new or reconstructed affected source on or after January 31, 2013, you 
must submit an Initial Notification not later than 15 days after the 
actual date of startup of the affected source. For a new or 
reconstructed affected source that has reclassified to major source 
status, you must submit an Initial Notification not later 120 days 
after the source becomes subject to this subpart.
* * * * *

Subpart EEEEE--National Emission Standards for Hazardous Air 
Pollutants for Iron and Steel Foundries

0
122. Amend Sec.  63.7750 by revising paragraph (b) to read as follows:


 Sec.  63.7750   What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your iron and 
steel foundry before April 22, 2004, you must submit your initial 
notification no later than August 20, 2004, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
* * * * *

Subpart FFFFF--National Emission Standards for Hazardous Air 
Pollutants for Integrated Iron and Steel Manufacturing Facilities

0
123. Amend Sec.  63.7840 by revising paragraph (b) to read as follows:


Sec.  63.7840  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before May 20, 2003, you must submit your initial notification 
no later than September 17, 2003, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
* * * * *

Subpart GGGGG--National Emission Standards for Hazardous Air 
Pollutants: Site Remediation

0
124. Amend Sec.  63.7950 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  63.7950  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before October 8, 2003, you must submit an Initial Notification 
not later than 120 calendar days after October 8, 2003, or no later 
than 120 calendar days after the source becomes subject to this 
subpart, whichever is later.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after the effective date, you must 
submit an Initial Notification no later than 120 calendar days after 
initial startup, or no later than 120 calendar days after the source 
becomes subject to this subpart, whichever is later.
* * * * *

0
125. Amend table 3 to subpart GGGGG of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

            Table 3 to Subpart GGGGG of Part 63--Applicability of General Provisions to Subpart GGGGG
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              GGGGG
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Electronic reporting     Yes.
                                        procedures.              procedures for
                                                                 notifications per Sec.
                                                                   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73914]]

Subpart HHHHH--National Emission Standards for Hazardous Air 
Pollutants: Miscellaneous Coating Manufacturing

0
126. Amend Sec.  63.8070 by revising paragraph (b)(1) to read as 
follows:


Sec.  63.8070  What notifications must I submit and when?

* * * * *
    (b) * * *
    (1) As specified in Sec.  63.9(b)(2), if you have an existing 
affected source on December 11, 2003, you must submit an initial 
notification not later than 120 calendar days after December 11, 2003, 
or no later than 120 calendar days after the source becomes subject to 
this subpart, whichever is later.
* * * * *

0
127. Amend table 10 to subpart HHHHH of part 63 by revising the entry 
for Sec.  63.9(j) and adding in numerical order an entry for Sec.  
63.9(k) to read as follows:

     Table 10 to Subpart HHHHH of Part 63--Applicability of General
                       Provisions to Subpart HHHHH
                              * * * * * * *
------------------------------------------------------------------------
           Citation                  Subject            Explanation
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   63.9(j)................  Change in          Yes, for change in
                                 previous           major source status,
                                 information.       otherwise Sec.
                                                    63.8075(e)(8)
                                                    specifies reporting
                                                    requirements for
                                                    process changes.
Sec.   63.9(k)................  Electronic         Yes, as specified in
                                 reporting          Sec.   63.9(j).
                                 procedures.
 
                              * * * * * * *
------------------------------------------------------------------------

Subpart IIIII--National Emission Standards for Hazardous Air 
Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants

0
128. Amend Sec.  63.8252 by revising paragraph (b) to read as follows:


Sec.  63.825  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before December 19, 2003, you must submit an Initial 
Notification no later than 120 calendar days after December 19, 2003, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
* * * * *

0
129. Amend table 10 to subpart IIIII of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

           Table 10 to Subpart IIIII of Part 63--Applicability of General Provisions to Subpart IIIII
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   IIIII                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart JJJJJ--National Emission Standards for Hazardous Air 
Pollutants for Brick and Structural Clay Products Manufacturing

0
130. Amend table 8 to subpart JJJJJ of part 63 by revising entry 1 to 
read as follows:

[[Page 73915]]



                   Table 8 to Subpart JJJJJ of Part 63--Deadlines for Submitting Notifications
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
            If you . . .                 You must . . .          No later than . . .       As specified in . . .
----------------------------------------------------------------------------------------------------------------
1. Start up your affected source     Submit an Initial       June 22, 2016, or no later   Sec.   63.9(b)(2).
 before December 28, 2015.            Notification.           than 120 days after the
                                                              source becomes subject to
                                                              this subpart, whichever is
                                                              later.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
131. Amend table 10 to subpart JJJJJ of part 63 adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

           Table 10 to Subpart JJJJJ of Part 63--Applicability of General Provisions to Subpart JJJJJ
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description               JJJJJ?
----------------------------------------------------------------------------------------------------------------
Sec.   63.9(k).....................  Electronic reporting    Electronic reporting         Yes.
                                      procedures.             procedures for
                                                              notifications per Sec.
                                                              63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart KKKKK--National Emission Standards for Hazardous Air 
Pollutants for Clay Ceramics Manufacturing

0
132. Amend table 9 to subpart KKKKK of part 63 by revising entry 1 to 
read as follows:

                   Table 9 to Subpart KKKKK of Part 63--Deadlines for Submitting Notifications
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             If you . . .                   You must . . .        No later than . . .     As specified in . . .
----------------------------------------------------------------------------------------------------------------
1. Start up your affected source       Submit an Initial        June 22, 2016, or no     Sec.   63.9(b)(2).
 before December 28, 2015.              Notification.            later than 120 days
                                                                 after the source
                                                                 becomes subject to
                                                                 this subpart,
                                                                 whichever is later.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
133. Amend table 11 to subpart KKKKK of part 63 adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

           Table 11 to Subpart KKKKK of Part 63--Applicability of General Provisions to Subpart KKKKK
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              KKKKK?
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Electronic reporting     Yes.
                                        procedures.              procedures for
                                                                 notifications per Sec.
                                                                   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73916]]

Subpart LLLLL--National Emission Standards for Hazardous Air 
Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing

0
134. Amend Sec.  63.8692 by revising paragraph (b) to read as follows:


Sec.  63.8692  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before April 29, 2003, you must submit an Initial Notification 
not later than 120 calendar days after April 29, 2003, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
* * * * *

0
135. Amend table 7 to subpart LLLLL of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

            Table 7 to Subpart LLLLL of Part 63--Applicability of General Provisions to Subpart LLLLL
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description                LLLLL
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).....................  Electronic reporting    Electronic reporting         Yes.
                                      procedures.             procedures for
                                                              notifications per Sec.
                                                              63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart MMMMM--National Emission Standards for Hazardous Air 
Pollutants: Flexible Polyurethane Foam Fabrication Operations

0
136. Amend Sec.  63.8816 by revising paragraph (b) to read as follows:


Sec.  63.8816  What notifications must I submit and when?

* * * * *
    (b) If you own or operate an existing loop slitter or flame 
lamination affected source, submit an initial notification no later 
than 120 days after April 14, 2003, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
* * * * *

0
137. Amend table 7 to subpart MMMMM of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

            Table 7 to Subpart MMMMM of Part 63--Applicability of General Provisions to Subpart MMMMM
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                      Requirement                 MMMMM                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart NNNNN--National Emission Standards for Hazardous Air 
Pollutants: Hydrochloric Acid Production

0
138. Amend Sec.  63.9045 by revising paragraph (b) to read as follows:


Sec.  63.9045  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before April 17, 2003, you must submit an Initial Notification 
not later than 120 calendar days after April 17, 2003, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
* * * * *

0
139. Amend table 7 to subpart NNNNN of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

            Table 7 to Subpart NNNNN of Part 63--Applicability of General Provisions to Subpart NNNNN
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                      Requirement                 NNNNN                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73917]]

Subpart PPPPP--National Emission Standards for Hazardous Air 
Pollutants for Engine Test Cells/Stands

0
140. Amend Sec.  63.9345 by revising paragraph (b)(1) to read as 
follows:


Sec.  63.9345  What notifications must I submit and when?

* * * * *
    (b) * * *
    (1) As specified in Sec.  63.9(b)(2), if you start up your new or 
reconstructed affected source before the effective date of this 
subpart, you must submit an Initial Notification not later than 120 
calendar days after May 27, 2003, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
* * * * *

0
141. Amend table 7 to subpart PPPPP of part 63 by adding in numerical 
order entries for Sec. Sec.  63.1(c)(6) and 63.9(k) to read as follows:
* * * * *

            Table 7 to Subpart PPPPP of Part 63--Applicability of General Provisions to Subpart PPPPP
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              PPPPP
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Applicability..........  Reclassification.......  Yes.
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Notifications..........  Electronic reporting     Yes, only as specified
                                                                 procedures.              in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart QQQQQ--National Emission Standards for Hazardous Air 
Pollutants for Friction Materials Manufacturing Facilities

0
142. Amend Sec.  63.9485 by revising paragraph (a) to read as follows:


Sec.  63.9485  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
friction materials manufacturing facility (as defined in Sec.  63.9565) 
that is (or is part of) a major source of hazardous air pollutants 
(HAP) emissions. Your friction materials manufacturing facility is a 
major source of HAP if it emits or has the potential to emit any single 
HAP at a rate of 9.07 megagrams (10 tons) or more per year or any 
combination of HAP at a rate of 22.68 megagrams (25 tons) or more per 
year.
* * * * *

0
143. Amend Sec.  63.9535 by revising paragraph (c) to read as follows:


Sec.  63.9535  What notifications must I submit and when?

* * * * *
    (c) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before October 18, 2002, you must submit your initial 
notification no later than 120 calendar days after October 18, 2002, or 
no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
* * * * *

0
144. Amend table 1 to subpart QQQQQ of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:
* * * * *

            Table 1 to Subpart QQQQQ of Part 63--Applicability of General Provisions to Subpart QQQQQ
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   QQQQQ?                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart RRRRR--National Emission Standards for Hazardous Air 
Pollutants: Taconite Iron Ore Processing

0
145. Revise Sec.  63.9581 to read as follows:


Sec.  63.9581  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a taconite 
iron ore processing plant that is (or is part of) a major source of 
hazardous air pollutant (HAP) emissions. Your taconite iron ore 
processing plant is a major source of HAP if it emits or has the 
potential to emit any single HAP at a rate of 10 tons or more per year 
or any combination of HAP at a rate of 25 tons or more per year.

0
146. Amend Sec.  63.9640 by revising paragraph (b) to read as follows:


Sec.  63.9640  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before October 30, 2003, you must submit your initial 
notification no later than 120 calendar days after October 30, 2003, or 
no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
* * * * *

0
147. Amend table 2 to subpart RRRRR of part 63 by adding in numerical 
order entries for Sec.  63.1(c)(6) and Sec.  63.9(k) to read as 
follows:
* * * * *

[[Page 73918]]



      Table 2 to Subpart RRRRR of Part 63--Applicability of General Provisions to Subpart RRRRR of Part 63
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   RRRRR                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.1(c)(6)....................  Reclassification.......  Yes....................
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart SSSSS--National Emission Standards for Hazardous Air 
Pollutants for Refractory Products Manufacturing

0
148. Amend Sec.  63.9812 by revising paragraph (b) to read as follows:


Sec.  63.9812  What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before April 16, 2003, you must submit an Initial Notification 
no later than 120 calendar days after April 16, 2003, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
* * * * *

0
149. Amend table 11 to subpart SSSSS of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:
* * * * *

           Table 11 to Subpart SSSSS of Part 63--Applicability of General Provisions to Subpart SSSSS
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
               Citation                        Subject             Brief description              SSSSS
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Notifications..........  Electronic reporting     Yes, only as specified
                                                                 procedures.              in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart TTTTT--National Emissions Standards for Hazardous Air 
Pollutants for Primary Magnesium Refining

0
150. Amend Sec.  63.9930 by revising paragraph (b) to read as follows:


Sec.  63.9930   What notifications must I submit and when?

* * * * *
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before October 10, 2003, you must submit your initial 
notification no later than 120 calendar days after October 10, 2003, or 
no later than 120 days after the source becomes subject to this 
subpart, whichever is later.
* * * * *

Subpart WWWWW--National Emission Standards for Hospital Ethylene 
Oxide Sterilizers

0
151. Amend table 1 to subpart WWWWW of part 63 by removing the entry 
for Sec.  63.9(d)-(j) and adding in numerical order entries for 
Sec. Sec.  63.9(d)-(i) and 63.9(j)-(k).
    The additions read as follows:
* * * * *

            Table 1 to Subpart WWWWW of Part 63--Applicability of General Provisions to Subpart WWWWW
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   WWWWW                 Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(d)-(i)...................  Other notifications....  No.....................
Sec.   63.9(j)-(k)...................  Change in information    Yes....................
                                        already submitted
                                        Electronic reporting.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 73919]]

Subpart BBBBBB--National Emission Standards for Hazardous Air 
Pollutants for Source Category: Gasoline Distribution Bulk 
Terminals, Bulk Plants, and Pipeline Facilities

0
152. Amend Sec.  63.11086 by revising paragraph (e) introductory text 
to read as follows:


Sec.  63.11086  What requirements must I meet of my facility is a bulk 
gasoline plant?

* * * * *
    (e) You must submit an Initial Notification that you are subject to 
this subpart by May 9, 2008, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later unless you meet the 
requirements in paragraph (g) of this section. The Initial Notification 
must contain the information specified in paragraphs (e)(1) through (4) 
of this section. The notification must be submitted to the applicable 
EPA Regional Office and the delegated state authority, as specified in 
Sec.  63.13.
* * * * *

0
153. Amend table 3 to subpart BBBBBB of part 63 by revising the entry 
for Sec.  63.9(b) and adding in numerical order an entry for Sec.  
63.9(k) to read as follows:

                    Table 3 to Subpart BBBBBB of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description               BBBBBB
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(b) (1)-(2), (4)-(5)....  Initial Notifications.  Submit notification within   Yes.
                                                              120 days after effective
                                                              date, or no later than 120
                                                              days after the source
                                                              becomes subject to this
                                                              subpart, whichever is
                                                              later; notification of
                                                              intent to construct/
                                                              reconstruct, notification
                                                              of commencement of
                                                              construction/
                                                              reconstruction,
                                                              notification of startup;
                                                              contents of each.
 
                                                  * * * * * * *
Sec.   63.9(k).....................  Notifications.........  Electronic reporting         Yes, only as specified
                                                              procedures.                  by Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart CCCCCC--National Emission Standards for Hazardous Air 
Pollutants for Source Category: Gasoline Dispensing Facilities

0
154. Amend Sec.  63.11124 by revising paragraphs (a)(1) introductory 
text and (b)(1) introductory text to read as follows:


Sec.  63.11124  What notifications must I submit and when?

    (a) * * *
    (1) You must submit an Initial Notification that you are subject to 
this subpart by May 9, 2008, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later, or at the time you 
become subject to the control requirements in Sec.  63.11117, unless 
you meet the requirements in paragraph (a)(3) of this section. If your 
affected source is subject to the control requirements in Sec.  
63.11117 only because it loads gasoline into fuel tanks other than 
those in motor vehicles, as defined in Sec.  63.11132, you must submit 
the Initial Notification by May 24, 2011, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later. 
The Initial Notification must contain the information specified in 
paragraphs (a)(1)(i) through (iii) of this section. The notification 
must be submitted to the applicable EPA Regional office and delegated 
state authority as specified in Sec.  63.13.
* * * * *
    (b) * * *
    (1) You must submit an Initial Notification that you are subject to 
this subpart by May 9, 2008, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later, or at the time you 
become subject to the control requirements in Sec.  63.11118. If your 
affected source is subject to the control requirements in Sec.  
63.11118 only because it loads gasoline into fuel tanks other than 
those in motor vehicles, as defined in Sec.  63.11132, you must submit 
the Initial Notification by May 24, 2011, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later. 
The Initial Notification must contain the information specified in 
paragraphs (b)(1)(i) through (iii) of this section. The notification 
must be submitted to the applicable EPA Regional office and delegated 
state authority as specified in Sec.  63.13.
* * * * *

0
155. Amend table 3 to subpart CCCCCC of part 63 by revising the entry 
for Sec.  63.9(b) and adding in numerical order an entry for Sec.  
63.9(k) to read as follows:

                    Table 3 to Subpart CCCCCC of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description               CCCCCC
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(b)(1)-(2), (4)-(5).....  Initial Notifications.  Submit notification within   Yes.
                                                              120 days after effective
                                                              date, or no later than 120
                                                              days after the source
                                                              becomes subject to this
                                                              subpart, whichever is
                                                              later; notification of
                                                              intent to construct/
                                                              reconstruct, notification
                                                              of commencement of
                                                              construction/
                                                              reconstruction,
                                                              notification of startup;
                                                              contents of each.

[[Page 73920]]

 
 
                                                  * * * * * * *
Sec.   63.9(k).....................  Notifications.........  Electronic reporting         Yes, only as specified
                                                              procedures.                  in Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HHHHHH--National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources

0
156. Amend Sec.  63.11175 by revising paragraph (a) introductory text 
to read as follows:


Sec.  63.11175  What notifications must I submit?

    (a) Initial Notification. If you are the owner or operator of a 
paint stripping operation using paint strippers containing MeCl and/or 
a surface coating operation subject to this subpart, you must submit 
the initial notification required by Sec.  63.9(b). For a new affected 
source, you must submit the Initial Notification no later than 180 days 
after initial startup, or no later than 120 days after the source 
becomes subject to this subpart, or July 7, 2008, whichever is later. 
For an existing affected source, you must submit the initial 
notification no later than January 11, 2010, or no later than 120 days 
after the source becomes subject to this subpart. The initial 
notification must provide the information specified in paragraphs 
(a)(1) through (8) of this section.
* * * * *

0
157. Amend table 1 to subpart HHHHHH of part 63 by adding in numerical 
order an entry for Sec.  63.9(k) to read as follows:

     Table 1 to Subpart HHHHHH of Part 63--Applicability of General Provisions to Subpart HHHHHH of Part 63
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                   HHHHHH                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart PPPPPP--National Emission Standards for Hazardous Air 
Pollutants for Lead Acid Battery Manufacturing Area Sources

0
158. Amend Sec.  63.11425 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  63.11425  What General Provisions apply to this subpart?

* * * * *
    (b) For existing sources, the initial notification required by 
Sec.  63.9(b) must be submitted not later than November 13, 2007, or no 
later than 120 days after the source becomes subject to this subpart, 
whichever is later.
    (c) For existing sources, the initial notification of compliance 
required by Sec.  63.9(h) must be submitted not later than March 13, 
2009, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later.

Subpart QQQQQQ--National Emission Standards for Hazardous Air 
Pollutants for Wood Preserving Area Sources

0
159. Amend Sec.  63.11432 by revising paragraphs (b) introductory text 
and (c) to read as follows:


Sec.  63.11432  What General Provisions apply to this subpart?

* * * * *
    (b) If you own or operate a new or existing affected source that 
uses any wood preservative containing chromium, arsenic, dioxins, or 
methylene chloride, you must submit an initial notification of 
applicability required by Sec.  63.9(b)(2) no later than 90 days after 
the applicable compliance date specified in Sec.  63.11429, or no later 
than 90 days after the source becomes subject to this subpart, 
whichever is later. The initial notification may be combined with the 
notification of compliance status required in paragraph (c) of this 
section. The notification of applicability must include the following 
information:
* * * * *
    (c) If you own or operate a new or existing affected source that 
uses any wood preservative containing chromium, arsenic, dioxins, or 
methylene chloride, you must submit a notification of compliance status 
required by Sec.  63.9(h) no later than 90 days after the applicable 
compliance date specified in Sec.  63.11429, or no later than 90 days 
after the source becomes subject to this subpart, whichever is later. 
Your notification of compliance status must include this certification 
of compliance, signed by a responsible official, for the standards in 
Sec.  63.11430: ``This facility complies with the management practices 
to minimize air emissions from the preservative treatment of wood in 
accordance with Sec.  63.11430.''
* * * * *

Subpart RRRRRR--National Emission Standards for Hazardous Air 
Pollutants for Clay Ceramics Manufacturing Area Sources

0
160. Amend Sec.  63.11441 by revising paragraph (a) to read as follows:


Sec.  63.11441  What are the notification requirements?

    (a) You must submit an Initial Notification required by Sec.  
63.9(b)(2) no later than 120 days after the applicable compliance date 
specified in Sec.  63.11437, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later. The Initial 
Notification must include the

[[Page 73921]]

information specified in Sec. Sec.  63.9(b)(2)(i) through (iv) and may 
be combined with the Notification of Compliance Status required in 
paragraph (b) of this section.
* * * * *

Subpart TTTTTT--National Emission Standards for Hazardous Air 
Pollutants for Secondary Nonferrous Metals Processing Area Sources

0
161. Amend Sec.  63.11469 by revising paragraph (a) to read as follows:


Sec.  63.11469  What are the notification requirements?

    (a) You must submit the Initial Notification required by Sec.  
63.9(b)(2) no later than 120 days after the applicable compliance date 
specified in Sec.  63.11464, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later. The Initial 
Notification must include the information specified in Sec.  
63.9(b)(2)(i) through (iv) and may be combined with the Notification of 
Compliance Status required in Sec.  63.11467 and paragraph (b) of this 
section if you choose to submit both notifications within 120 days.
* * * * *

Subpart WWWWWW--National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Plating and Polishing 
Operations

0
162. Amend Sec.  63.11509 by revising paragraph (a)(3) to read as 
follows:


Sec.  63.11509  What are my notification, reporting, and recordkeeping 
requirements?

    (a) * * *
    (3) If you start up your affected source on or before July 1, 2008, 
you must submit an Initial Notification not later than 120 calendar 
days after July 1, 2008, or no later than 120 days after the source 
becomes subject to this subpart, whichever is later.
* * * * *

Subpart XXXXXX--National Emission Standards for Hazardous Air 
Pollutants Area Source Standards for Nine Metal Fabrication and 
Finishing Source Categories

0
163. Amend Sec.  63.11519 by revising paragraph (a)(1) introductory 
text to read as follows:


Sec.  63.11519  What are my notifications, recordkeeping, and reporting 
requirements?

    (a) * * *
    (1) Initial notification. If you are the owner or operator of an 
area source in one of the nine metal fabrication and finishing source 
categories, as defined in Sec.  63.11514, you must submit the initial 
notification required by Sec.  63.9(b), for a new affected source no 
later than 120 days after initial startup, or no later than 120 days 
after the source becomes subject to this subpart, or November 20, 2008, 
whichever is later. For an existing affected source, you must submit 
the initial notification no later than July 25, 2011, or 120 days after 
the source becomes subject to this subpart, whichever is later. Your 
initial notification must provide the information specified in 
paragraphs (a)(1)(i) through (iv) of this section.
* * * * *

Subpart YYYYYY--National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Ferroalloys Production Facilities

0
164. Amend Sec.  63.11529 by revising paragraph (a) to read as follows:


Sec.  63.11529  What are the notification, reporting, and recordkeeping 
requirements?

    (a) Initial Notification. You must submit the Initial Notification 
required by Sec.  63.9(b)(2) no later than 120 days after December 23, 
2008, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later. The Initial Notification must include 
the information specified in Sec.  63.9(b)(2)(i) through (iv).
* * * * *

Subpart AAAAAAA--National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing 
Manufacturing

0
165. Amend Sec.  63.11564 by revising paragraph (a)(2) to read as 
follows:


Sec.  63.11564  What are my notification, recordkeeping, and reporting 
requirements?

    (a) * * *
    (2) As specified in Sec.  63.9(b)(2), if you have an existing 
affected source, you must submit an Initial Notification not later than 
120 calendar days after December 2, 2009, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
* * * * *

Subpart BBBBBBB--National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Chemical Preparations Industry

0
166. Amend Sec.  63.11585 by revising paragraph (b)(1) to read as 
follows:


Sec.  63.11585  What are my notification, recordkeeping, and reporting 
requirements?

* * * * *
    (b) * * *
    (1) Initial Notification of Applicability. If you own or operate an 
existing affected source, you must submit an initial notification of 
applicability as required by Sec.  63.9(b)(2) no later than April 29, 
2010, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later. If you own or operate a new affected 
source, you must submit an initial notification of applicability 
required by Sec.  63.9(b)(2) no later than 120 days after initial 
start-up of operation, or no later than 120 days after the source 
becomes subject to this subpart, or April 29, 2010, whichever is later. 
The initial notification of applicability must include the information 
specified in Sec. Sec.  63.9(b)(2)(i) through (iii).
* * * * *

Subpart CCCCCCC--National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Paints and Allied Products 
Manufacturing

0
167. Amend Sec.  63.11603 by revising paragraph (a)(1) introductory 
text to read as follows:


Sec.  63.11603  What are the notification, recordkeeping, and reporting 
requirements?

    (a) * * *
    (1) Initial Notification of Applicability. If you own or operate an 
existing affected source, you must submit an initial notification of 
applicability required by Sec.  63.9(b)(2) no later than June 1, 2010, 
or no later than 120 days after the source becomes subject to this 
subpart, whichever is later. If you own or operate a new affected 
source, you must submit an initial notification of applicability 
required by Sec.  63.9(b)(2) no later than 180 days after initial 
start-up of the operations, or no later than 120 days after the source 
becomes subject to this subpart, or June 1, 2010, whichever is later. 
The notification of applicability must include the information 
specified in paragraphs (a)(1)(i) through (iii) of this section.
* * * * *

Subpart HHHHHHH--National Emission Standards for Hazardous Air 
Pollutant Emissions for Polyvinyl Chloride and Copolymers 
Production

0
168. Amend table 4 to subpart HHHHHHH of part 63 by revising the entry 
for Sec.  63.1 and adding in numerical

[[Page 73922]]

order an entry for Sec.  63.9(k) to read as follows:

              Table 4 to Subpart HHHHHHH of Part 63--Applicability of General Provisions to Part 63
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                  HHHHHHH                  Comment
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(a)(4), (a)(6),      Applicability..........  Yes....................
 (a)(10)-(a)(12), (b)(1), (b)(3),
 (c)(1), (c)(2), (c)(5), (c)(6), (e).
 
                                                  * * * * * * *
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-22044 Filed 11-10-20; 4:15 pm]
BILLING CODE P