86094 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, revised 

January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region IX, August 21, 2001 (the Little 

Bluebook). 

4. ‘‘Control Techniques Guidelines for the 

Oil and Natural Gas Industry,’’ EPA–453/B– 

16–001, October 2016. 

B. Does the rule meet the evaluation 

criteria? 

This rule meets CAA requirements 

and is consistent with relevant guidance 

regarding enforceability and SIP 

revisions. The TSD has more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD includes recommendations 

for the next time VCAPCD modifies the 

rule. 

D. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rule because it 

fulfills all relevant requirements. We 

will accept comments from the public 

on this proposal until January 11, 2024. 

If we take final action to approve the 

submitted rule, our final action will 

incorporate this rule into the federally 

enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

VCAPCD Rule 71, revised on May 11, 

2021, which regulates definitions of 

terms. The EPA has made, and will 

continue to make, these materials 

available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. Consideration of EJ is not required 

as part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: December 2, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–27108 Filed 12–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R04–OAR–2023–0535; FRL–11589– 

01–R4] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

North Carolina 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; consistency 

update. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to update a 

portion of the Outer Continental Shelf 

(OCS) Air Regulations. Requirements 

applying to OCS sources located within 

25 miles of States’ seaward boundaries 

must be updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (COA), as 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 86095 

1Each COA which has been delegated the 

authority to implement and enforce 40 CFR part 55 

will use its administrative and procedural rules as 

onshore. However, in those instances where EPA 

has not delegated authority to implement and 

enforce 40 CFR part 55, EPA will use its own 

administrative and procedural requirements to 

implement the substantive requirements. See 40 

CFR 55.14(c)(4). 

mandated by section 328(a)(1) of the 

Clean Air Act (CAA). The portion of the 

OCS air regulations that is being 

updated pertains to the requirements for 

OCS sources for which North Carolina 

is the designated COA. North Carolina’s 

requirements discussed in this 

document are proposed to be 

incorporated by reference into the Code 

of Federal Regulations and listed in the 

appendix to the OCS air regulations. 

DATES: Written comments must be 

received on or before January 11, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2023–0535 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Weil, Air Permits Section, Air 

Planning and Implementation Branch, 

Air and Radiation Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. The telephone 

number is (404) 562–9170. Ms. Weil can 

also be reached via electronic mail at 

weil.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 4, 1992, EPA 

promulgated 40 CFR part 55, which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain Federal and State 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the CAA. The regulations at 40 

CFR part 55 apply to all OCS sources 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

See 40 CFR 55.3(a). Section 328 of the 

CAA requires that for such sources 

located within 25 miles of a State’s 

seaward boundary, the requirements 

shall be the same as would be 

applicable if the sources were located in 

the COA. Because the OCS requirements 

are based on onshore requirements, and 

onshore requirements may change, 

section 328(a)(1) requires that EPA 

update the OCS requirements as 

necessary to maintain consistency with 

onshore requirements. 

Pursuant to 40 CFR 55.12, consistency 

reviews will occur: (1) At least annually 

where an OCS activity is occurring 

within 25 miles of a State seaward 

boundary; (2) upon receipt of a Notice 

of Intent (NOI) under 40 CFR 55.4; or (3) 

when a State or local agency submits a 

rule to EPA to be considered for 

incorporation by reference in 40 CFR 

part 55. This proposed action is being 

taken in preparation for a potential 

upcoming OCS project due to receipt of 

an NOI. Public comments received in 

writing within 30 days of publication of 

this document will be considered by 

EPA before publishing a final rule. 

Section 328(a) of the CAA requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of States’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. This limits EPA’s flexibility in 

deciding which requirements will be 

incorporated into 40 CFR part 55 and 

prevents EPA from making substantive 

changes to the requirements it 

incorporates. As a result, EPA may be 

incorporating rules into 40 CFR part 55 

that do not conform to all of EPA’s State 

Implementation Plan (SIP) guidance or 

certain requirements of the CAA. 

Consistency updates may result in the 

inclusion of State or local rules or 

regulations into 40 CFR part 55, even 

though the same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the CAA for SIP approval, nor does 

it imply that the rule will be approved 

by EPA for inclusion in the SIP. 

II. EPA Analysis 

EPA reviewed North Carolina’s rules 

for inclusion in 40 CFR part 55 to 

ensure that they are rationally related to 

the attainment or maintenance of 

Federal or State ambient air quality 

standards and compliance with part C of 

title I of the CAA, that they are not 

designed expressly to prevent 

exploration and development of the 

OCS, and that they are potentially 

applicable to OCS sources. See 40 CFR 

55.1. EPA has also evaluated the rules 

to ensure they are not arbitrary or 

capricious. See 40 CFR 55.12(e). In 

addition, EPA has excluded 

administrative or procedural rules, and 

requirements that regulate toxics which 

are not related to the attainment and 

maintenance of Federal and State 

ambient air quality standards.1

III. Proposed Action 

EPA last did a consistency update for 

North Carolina on March 3, 2009 (74 FR 

9166). In that action, EPA incorporated 

by reference into 40 CFR part 55 all 

North Carolina regulations that EPA 

believed were relevant to the OCS 

requirements. For this proposed action, 

EPA has reviewed changes that North 

Carolina has made to its underlying 

regulatory programs since the last 

consistency update. This proposed 

action will have no effect on any 

provisions that were not subject to 

changes by North Carolina and were 

also previously incorporated by 

reference into Part 55 through EPA’s 

March 3, 2009, rulemaking. The rules 

that EPA proposes to incorporate are 

applicable provisions of the North 

Carolina Administrative Code (NCAC) 

and are listed in detail at the end of this 

Notice. The intended effect of proposing 

approval of the OCS requirements for 

the North Carolina Department of 

Environmental Quality (NCDEQ) is to 

regulate emissions from OCS sources in 

accordance with the requirements for 

onshore sources. EPA is soliciting 

public comments on the issues 

discussed in this document. These 

comments will be considered before 

taking final action. 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, and as 

discussed in Sections II and III of this 

preamble, EPA is proposing to 

incorporate by reference the North 

Carolina rules set forth below. EPA has 

made, and will continue to make, these 

materials available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER


ddrumheller on DSK120RN23PROD with PROPOSALS1
86096 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 

2OMB’s approval of the ICR can be viewed at 

www.reginfo.gov. 

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore air pollution 

control requirements. To comply with 

this statutory mandate, the EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. See 42 U.S.C. 7627(a)(1); 40 

CFR 55.12. Thus, in promulgating OCS 

consistency updates, EPA’s role is to 

maintain consistency between OCS 

regulations and the regulations of 

onshore areas, provided that they meet 

the criteria of the CAA. Accordingly, 

this proposed action simply proposes to 

update the existing OCS requirements 

that have been revised since the last 

consistency review to make them 

consistent with requirements onshore, 

without the exercise of any policy 

direction by EPA. For that reason, this 

proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (PRA) 

(44 U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

Additionally, Executive Order 12898 

(59 FR 7629, February 16, 1994) directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations (people of color and/or 

Indigenous peoples) and low-income 

populations. 

EPA believes that this specific 

proposed action does not concern 

human health or environmental 

conditions and therefore cannot be 

evaluated with respect to potentially 

disproportionate and adverse effects on 

people of color, low-income populations 

and/or Indigenous peoples. This 

proposed action simply fulfills EPA’s 

statutory mandate to ensure regulatory 

consistency between the COA and inner 

OCS consistent with the Stated 

objectives of CAA section 328(a)(1). 

Specifically, section 328(a)(1) requires 

EPA to establish requirements to control 

air pollution from OCS sources ‘‘to 

attain and maintain Federal and State 

ambient air quality standards and to 

comply with the provisions of part C of 

[title I of the CAA]’’ and, for inner OCS 

sources (located within 25 miles of the 

seaward boundary of such States), to 

establish requirements that are ‘‘the 

same as would be applicable if the 

source were located in the COA.’’ This 

section of the Act also States that ‘‘the 

Administrator shall update such 

requirements as necessary to maintain 

consistency with onshore regulations 

and this chapter.’’ As noted in the 

preamble, compliance with this 

requirement limits EPA’s discretion in 

deciding what will be incorporated into 

40 CFR part 55. 

The State regulations relevant to the 

OCS that are proposed for incorporation 

into the CFR went through North 

Carolina’s public rulemaking process, 

including public notice and comment. 

This proposed action seeks to 

incorporate into the CFR those State 

regulations, which are already effective 

onshore, to ensure regulatory 

consistency with the COA as mandated 

by CAA section 328(a)(1). This is a 

routine and ministerial consistency 

update that does not directly affect any 

human health or environmental 

conditions. In addition, EPA is 

providing for meaningful public 

involvement on this rule through the 

notice and comment process. 

This proposed rule to incorporate by 

reference sections of the NCAC into the 

CFR does not apply on any Indian 

reservation land as defined in 18 U.S.C. 

1151 or in any other area where EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this rule incorporating 

by reference sections of the NCAC does 

not have Tribal implications and will 

not impose substantial direct costs on 

Tribal governments or preempt Tribal 

law as specified by Executive Order 

13175 (65 FR 67249, November 9, 2000). 

This proposed action does not impose 

any new information collection burden 

under the PRA. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection activities contained in the 

existing regulations at 40 CFR part 55 

and, by extension, this update to Part 

55, and has assigned OMB control 

number 2060–0249. This proposed 

action does not impose a new 

information burden under PRA because 

this proposed action only proposes to 

update the State rules that are 

incorporated by reference into 40 CFR 

part 55, Appendix A.2

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Outer continental 

shelf, Ozone, Particulate matter, 

Permits, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 5, 2023. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

Part 55 of Chapter I, title 40 of the 

Code of Federal Regulations is proposed 

to be amended as follows: 

PART 55—OUTER CONTINENTAL 

SHELF AIR REGULATIONS 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Clean Air Act 

(42 U.S.C. 7401 et seq.) as amended by Public 

Law 101–549. 

■ 2. Amend § 55.14 by revising 

paragraph (e)(17)(i)(A) to read as 

follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(17) * * * 

(i) * * * 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 86097 

(A) State of North Carolina Air Pollution 

Control Requirements Applicable to 

OCS Sources, November 8, 2023 

* * * * * 

■ 3. Appendix A to part 55 is amended 

by revising paragraph (a)(1) under the 

heading ‘‘North Carolina’’ to read as 

follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

North Carolina: 

(a) * * * 

(1) The following State of North Carolina 

requirements are applicable to OCS sources, 

November 8, 2023, State of North Carolina— 

Department of Environmental Quality. 

The following sections of subchapter 02D 

and 02Q: 

15A NCAC Subchapter 02D—Air Pollution 

Control Requirements 

Section .0100—Definitions and References 

02D. 0101 Definitions (Effective 01/01/ 

2018) 

02D. 0103 Copies of Referenced Federal 

Regulations (Effective 09/01/2023) 

02D. 0104 Incorporation by reference 

(Effective 01/01/2018) 

02D. 0105 Mailing List (Effective 01/01/ 

2018) 

Section .0200—Air Pollution Sources 

02D. 0201 Classification of air pollution 

sources (Effective 01/01/2018) 

02D. 0202 Registration of air pollution 

sources (Effective 01/01/2018) 

Section .0300—Air Pollution Emergencies 

02D. 0301 Purpose (Effective 01/01/2018) 

02D. 0302 Episode criteria (Effective 01/01/ 

2018) 

02D. 0303 Emission reduction plans 

(Effective 01/01/2018) 

02D. 0304 Preplanned abatement program 

(Effective 01/01/2018) 

02D. 0305 Emission reduction plan: Alert 

Level (Effective 01/01/2018) 

02D. 0306 Emission reduction plan: 

Warning Level (Effective 01/01/2018) 

02D. 0307 Emission reduction plan: 

Emergency Level (Effective 01/01/2018) 

Section .0400—Ambient Air Quality 

Standards 

02D. 0401 Purpose (Effective 01/01/2018) 

02D. 0402 Sulfur oxides (Effective 01/01/ 

2018) 

02D. 0403 Total suspended particulates 

(Effective 11/01/2020) 

02D. 0404 Carbon monoxide (Effective 01/ 

01/2018) 

02D. 0405 Ozone (Effective 01/01/2018) 

02D. 0407 Nitrogen dioxide (Effective 01/ 

01/2018) 

02D. 0408 Lead (Effective 01/01/2018) 

02D. 0409 PM10 particulate matter 

(Effective 01/01/2018) 

02D. 0410 PM2.5 particulate matter 

(Effective 01/01/2018) 

Section .0500—Emission Control Standards 

02D. 0501 Compliance with emission 

control standards (Effective 09/01/2023) 

02D. 0502 Purpose (Effective 11/01/2020) 

02D. 0503 Particulates from fuel burning 

indirect heat exchangers (Effective 11/01/ 

2023) 

02D. 0504 Particulates from wood burning 

indirect heat exchangers (Effective 11/01/ 

2020) 

02D. 0506 Particulates from hot mix asphalt 

plants (Effective 11/01/2023) 

02D. 0507 Particulates from chemical 

fertilizer manufacturing plants (Effective 

11/01/2020) 

02D. 0508 Particulates from pulp and paper 

mills (Effective 11/01/2020) 

02D. 0509 Particulates from Mica or 

Feldspar processing plants (Effective 11/ 

01/2020) 

02D. 0510 Particulates from sand, gravel, or 

crushed stone operations (Effective 11/01/ 

2020) 

02D. 0511 Particulates from lightweight 

aggregate processes (Effective 11/01/2020) 

02D. 0512 Particulates from wood products 

finishing plants (Effective 11/01/2020) 

02D. 0513 Particulates from portland 

cement plants (Effective 11/01/2020) 

02D. 0514 Particulates from ferrous jobbing 

foundries (Effective 11/01/2020) 

02D. 0515 Particulates from miscellaneous 

industrial processes (Effective 11/01/2020) 

02D. 0516 Sulfur dioxide emissions from 

combustion sources (Effective 6/1/2023) 

02D. 0517 Emissions from plants producing 

sulfuric acid (Effective 11/01/2020) 

02D. 0519 Control of nitrogen dioxide and 

nitrogen oxides emissions (Effective 11/01/ 

2020) 

02D. 0521 Control of visible emissions 

(Effective 11/01/2020) 

02D. 0524 New Source Performance 

Standards (Effective 11/01/2020) 

02D. 0527 Emissions from spodumene ore 

roasting (Effective 11/01/2020) 

02D. 0528 Total reduced sulfur from kraft 

pulp mills (Effective 11/01/2020) 

02D. 0529 Fluoride emissions from primary 

aluminum reduction plants (Effective 11/ 

01/2020) 

02D. 0530 Prevention of significant 

deterioration (Effective 10/01/2020) 

02D. 0531 Sources in nonattainment areas 

(Effective 11/01/2020) 

02D. 0532 Sources contributing to an 

ambient violation (Effective (11/01/2023) 

02D. 0533 Stack height (Effective 11/01/ 

2020) 

02D. 0534 Fluoride emissions from 

phosphate fertilizer industry (Effective 11/ 

01/2020) 

02D. 0535 Excess emissions reporting and 

malfunctions (Effective 11/01/2020) 

02D. 0537 Control of mercury emissions 

(Effective 11/01/2020) 

02D. 0538 Control of ethylene oxide 

emissions (Effective 11/01/2020) 

02D. 0539 Odor control of feed ingredient 

manufacturing plants (Effective 11/01/ 

2020) 

02D. 0540 Particulates from fugitive dust 

emission sources (Effective 09/01/2019) 

02D. 0541 Control of emissions from 

abrasive blasting (Effective 11/01/2020) 

02D. 0542 Control of particulate emissions 

from cotton ginning operations (Effective 

11/01/2020) 

02D. 0543 Best Available Retrofit 

Technology (Effective 11/01/2020) 

02D. 0544 Prevention of Significant 

Deterioration Requirements for Greenhouse 

Gases (Effective 11/01/2020) 

02D. 0546 Control of Emissions from Log 

Fumigation Operations (Effective 09/01/ 

2023) 

Section .0600—Monitoring: Recordkeeping: 

Reporting 

02D. 0601 Purpose and scope (Effective 11/ 

01/2019) 

02D. 0602 Definitions (Effective 11/01/ 

2019) 

02D. 0604 Exceptions to monitoring and 

reporting requirements (Effective 11/01/ 

2019) 

02D. 0605 General recordkeeping and 

reporting requirements (Effective 09/01/ 

2023) 

02D. 0606 Sources covered by appendix P 

of 40 CFR part 51 (Effective 11/01/2019) 

02D. 0607 Large wood and wood-fossil fuel 

combination units (Effective 11/01/2019) 

02D. 0608 Other large coal or residual oil 

burners (Effective 10/01/2022) 

02D. 0610 Federal monitoring requirements 

(Effective 11/01/2019) 

02D. 0611 Monitoring emissions from other 

sources (Effective 11/01/2019) 

02D. 0612 Alternative monitoring and 

reporting procedures (Effective 11/01/ 

2019) 

02D. 0613 Quality assurance program 

(Effective 11/01/2019) 

02D. 0614 Compliance assurance 

monitoring (Effective 11/01/2023) 

Section .0900—Volatile Organic Compounds 

02D. 0901 Definitions (Effective 11/01/ 

2020) 

02D. 0902 Applicability (Effective 11/01/ 

2020) 

02D. 0903 Recordkeeping: reporting: 

monitoring (Effective 11/01/2020) 

02D. 0906 Circumvention (Effective 11/01/ 

2020) 

02D. 0909 Compliance schedules for 

sources in ozone nonattainment and 

maintenance areas (Effective 11/01/2020) 

02D. 0912 General provisions on test 

methods and procedures (Effective 11/01/ 

2020) 

02D. 0918 Can coating (Effective 11/01/ 

2023) 

02D. 0919 Coil coating (Effective 11/01/ 

2020) 

02D. 0922 Metal furniture coatings 

(Effective 11/01/2020) 

02D. 0923 Surface coating of large 

appliances (Effective 11/01/2020) 

02D. 0924 Magnet wire coating (Effective 

11/01/2020) 

02D. 0925 Petroleum liquid storage in fixed 

roof tanks (Effective 11/01/2020) 

02D. 0926 Bulk gasoline plants (Effective 

11/01/2023) 

02D. 0927 Bulk gasoline terminals 

(Effective 11/01/2023) 

02D. 0928 Gasoline service stations stage I 

(Effective 11/01/2023) 

02D. 0930 Solvent metal cleaning (Effective 

11/01/2020) 


ddrumheller on DSK120RN23PROD with PROPOSALS1
86098 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 

02D. 0931 Cutback asphalt (Effective 11/01/ 

2020) 

02D. 0932 Gasoline cargo tanks and vapor 

collection systems (Effective 11/01/2023) 

02D. 0933 Petroleum liquid storage in 

external floating roof tanks (Effective 11/ 

01/2020) 

02D. 0935 Factory surface coating of flat 

wood paneling (Effective 11/01/2020) 

02D. 0937 Manufacture of pneumatic 

rubber tires (Effective 11/01/2020) 

02D. 0943 Synthetic organic chemical and 

polymer manufacturing (Effective 10/01/ 

2022) 

02D. 0944 Manufacture of polyethylene: 

polypropylene and polystyrene (Effective 

10/01/2020) 

02D. 0945 Petroleum dry cleaning (Effective 

10/01/2020) 

02D. 0947 Manufacture of synthesized 

pharmaceutical products (Effective 11/01/ 

2020) 

02D. 0948 VOC emissions from transfer 

operations (Effective 11/01/2020) 

02D. 0949 Storage of miscellaneous volatile 

organic compounds (Effective 10/1/2022) 

02D. 0951 RACT for sources of volatile 

organic compounds (Effective 11/01/2020) 

02D. 0952 Petition for alternative controls 

for RACT (Effective 11/01/2020) 

02D. 0955 Thread bonding manufacturing 

(Effective 11/01/2020) 

02D. 0956 Glass Christmas ornament 

manufacturing (Effective 11/01/2020) 

02D. 0957 Commercial bakeries (Effective 

11/01/2020) 

02D. 0958 Work practices for sources of 

volatile organic compounds (Effective 11/ 

01/2020) 

02D. 0959 Petition for superior alternative 

controls (Effective 11/01/2020) 

02D. 0960 Cargo Tank Leak Tester Report 

(Effective 11/01/2023) 

02D. 0961 Offset Lithographic Printing and 

Letterpress Printing (Effective 11/01/2023) 

02D. 0962 Industrial Cleaning Solvents 

(Effective 11/01/2020) 

02D. 0963 Fiberglass Boat Manufacturing 

Materials (Effective 11/01/2020) 

02D. 0964 Miscellaneous Industrial 

Adhesives (Effective 11/01/2023) 

02D. 0965 Flexible Package Printing 

(Effective 11/01/2020) 

02D. 0966 Paper, Film and Foil Coatings 

(Effective 11/01/2020) 

02D. 0967 Miscellaneous Metal and Plastic 

Parts Coatings (Effective 11/01/2020) 

02D. 0968 Automobile and Light Duty 

Truck Assembly Coatings (Effective 11/01/ 

2020) 

Section .1000—Motor Vehicle Emission 

Control Standard 

02D. 1001 Purpose (Effective 07/01/2018) 

02D. 1002 Applicability (Effective 07/01/ 

2018) 

02D. 1003 Definitions (Effective 07/01/ 

2018) 

02D. 1005 On-Board Diagnostic Standards 

(Effective 07/01/2018) 

02D. 1006 Sale and Service of Analyzers 

(Effective 07/01/2018) 

02D. 1008 Heavy Duty Diesel Engine 

Requirements (Effective 07/01/2018) 

Section .1100—Control of Toxic Air 

Pollutants 

02D. 1101 Purpose (Effective 07/01/2018) 

02D. 1102 Applicability (Effective 07/01/ 

2018) 

02D. 1103 Definition (Effective 07/01/2018) 

02D. 1104 Toxic air pollutant guidelines 

(Effective 07/01/2018) 

02D. 1105 Facility reporting, recordkeeping 

(Effective 07/01/2018) 

02D. 1106 Determination of ambient air 

concentration (Effective 07/01/2018) 

02D. 1107 Multiple facilities (Effective 07/ 

01/2018) 

02D. 1108 Multiple pollutants (Effective 07/ 

01/2018) 

02D. 1109 112(j) case-by-case maximum 

achievable control technology (Effective 

07/01/2018) 

02D. 1110 National Emission Standards for 

Hazardous Air Pollutants (Effective 07/01/ 

2018) 

02D. 1111 Maximum Achievable Control 

Technology (Effective 07/01/2018) 

02D. 1112 112(g) case by case maximum 

achievable control technology (Effective 

07/01/2018) 

Section .1200—Control of Emissions From 

Incinerators 

02D. 1201 Purpose and scope (Effective 07/ 

01/2018) 

02D. 1202 Definitions (Effective 07/01/ 

2018) 

02D. 1204 Sewage sludge and sludge 

incinerators (Effective 12/01/2021) 

02D. 1206 Hospital, medical, and infectious 

waste incinerators (Effective 07/01/2018) 

02D. 1208 Other incinerators (Effective 07/ 

01/2018) 

02D. 1210 Commercial and industrial solid 

waste incineration units (Effective 07/01/ 

2018) 

Section .1400—Nitrogen Oxides 

02D. 1401 Definitions (Effective 05/01/ 

2022) 

02D. 1402 Applicability (Effective 05/01/ 

2022) 

02D. 1403 Compliance schedules (Effective 

11/01/2023) 

02D. 1404 Recordkeeping: Reporting: 

Monitoring: (Effective 10/01/2020) 

02D. 1405 Circumvention (Effective 10/01/ 

2020) 

02D. 1407 Boilers and indirect-fired process 

heaters (Effective 10/01/2020) 

02D. 1408 Stationary combustion turbines 

(Effective 10/01/2020) 

02D. 1409 Stationary internal combustion 

engines (Effective 10/01/2020) 

02D. 1410 Emissions averaging (Effective 

10/01/2020) 

02D. 1411 Seasonal fuel switching 

(Effective 10/01/2020) 

02D. 1412 Petition for alternative 

limitations (Effective 10/01/2020) 

02D. 1413 Sources not otherwise listed in 

this section (Effective 10/01/2020) 

02D. 1414 Tune-up requirements (Effective 

10/01/2020) 

02D. 1415 Test methods and procedures 

(Effective 10/01/2020) 

02D. 1418 New electric generating units, 

large boilers, and large I/C engines 

(Effective 10/01/2022) 

02D. 1423 Large Internal Combustion 

Engines (Effective 10/01/2020) 

02D. 1424 Large Non-Electric Generating 

Units (Effective 05/01/2022) 

02D. 1425 NOX SIP Call Budget (Effective 

05/01/2022) 

Section .1900—Open Burning 

02D. 1901 Open burning: Purpose: Scope 

(Effective 09/01/2019) 

02D. 1902 Definitions (Effective 09/01/ 

2019) 

02D. 1903 Open burning without an air 

quality permit (Effective 09/01/2023) 

02D. 1904 Air curtain incinerators 

(Effective 09/01/2023) 

02D. 1905 Regional office locations 

(Effective 9/01/2023) 

02D. 1906 Delegation to county 

governments (Effective 09/01/2019) 

02D. 1907 Multiple violations arising from 

a single episode (Effective 09/01/2019) 

Section .2000—Transportation Conformity 

02D. 2001 Purpose, scope, and applicability 

(Effective 01/01/2018) 

02D. 2002 Definitions (Effective 01/01/ 

2018) 

02D. 2003 Transportation conformity 

determination (Effective 01/01/2018) 

02D. 2004 Determining transportationrelated emissions (Effective 01/01/2018) 

02D. 2005 Memorandum of agreement 

(Effective 01/01/2018) 

Section .2100—Risk Management Program 

02D. 2101 Applicability (Effective 11/01/ 

2019) 

02D. 2102 Definitions (Effective 11/01/ 

2019) 

02D. 2103 Requirements (Effective 11/01/ 

2019) 

02D. 2104 Implementation (Effective 11/01/ 

2019) 

Section .2200—Special Orders 

02D. 2201 Purpose (Effective 01/01/2018) 

02D. 2202 Definitions (Effective 01/01/ 

2018) 

02D. 2203 Public notice (Effective 01/01/ 

2023) 

02D. 2204 Final action on consent orders 

(Effective 01/01/2018) 

02D. 2205 Notification of right to contest 

special orders issued without consent 

(Effective 01/01/2018) 

Section .2300—Banking Emission Reduction 

Credits 

02D. 2301 Purpose (Effective 11/01/2019) 

02D. 2302 Definitions (Effective 11/01/ 

2019) 

02D. 2303 Applicability and eligibility 

(Effective 11/01/2019) 

02D. 2304 Qualification of emission 

reduction credits (Effective 11/01/2019) 

02D. 2305 Creating and banking emission 

reduction credits (Effective 11/01/2019) 

02D. 2306 Duration of emission reduction 

credits (Effective 11/01/2019) 

02D. 2307 Use of emission reduction credits 

(Effective 11/01/2019) 

02D. 2308 Certificates and registry 

(Effective 11/01/2019) 

02D. 2309 Transferring emission reduction 

credits (Effective 11/01/2019) 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 86099 

02D. 2310 Revocation and changes of 

emission reduction credits (Effective 11/ 

01/2019) 

02D. 2311 Monitoring (Effective 11/01/ 

2019) 

Section .2600—Source Testing 

02D. 2601 Purpose and scope (Effective 11/ 

01/2019) 

02D. 2602 General provisions on test 

methods and procedures (Effective 11/01/ 

2019) 

02D. 2603 Testing protocol (Effective 11/01/ 

2019) 

02D. 2604 Number of test points (Effective 

11/01/2019) 

02D. 2605 Velocity and volume flow rate 

(Effective 11/01/2019) 

02D. 2606 Molecular weight (Effective 11/ 

01/2019) 

02D. 2607 Determination of moisture 

content (Effective 11/01/2019) 

02D. 2608 Number of runs and compliance 

determination (Effective 10/01/2022) 

02D. 2609 Particulate testing methods 

(Effective 11/01/2019) 

02D. 2610 Opacity (Effective 11/01/2019) 

02D. 2611 Sulfur dioxide testing methods 

(Effective 11/01/2019) 

02D. 2612 Nitrogen oxide testing methods 

(Effective 11/01/2019) 

02D. 2613 Volatile organic compound 

testing methods (Effective 11/01/2019) 

02D. 2614 Determination of VOC emission 

control system efficiency (Effective 11/01/ 

2019) 

02D. 2615 Determination of leak tightness 

and vapor leaks (Effective 10/01/2020) 

02D. 2616 Fluorides (Effective 11/01/2019) 

02D. 2617 Total reduced sulfur (Effective 

11/01/2019) 

02D. 2618 Mercury (Effective 11/01/2019) 

02D. 2619 Arsenic, beryllium, cadmium, 

hexavalent chromium (Effective 11/01/ 

2019) 

02D. 2620 Dioxins and furans (Effective 11/ 

01/2019) 

02D. 2621 Determination of pollutant 

emissions using the f-factor (Effective 11/ 

01/2019) 

Subchapter 02Q—Air Quality Permits 

Procedures 

Section .0100—General Provisions 

02Q. 0101 Required air quality permits 

(Effective 4/1/18) 

02Q. 0102 Activities exempted from permit 

requirements (Effective 11/01/2023) 

02Q. 0103 Definitions (Effective 09/01/ 

2022) 

02Q. 0104 Where to obtain and file permit 

applications (Effective 09/01/2023) 

02Q. 0105 Copies of referenced documents 

(Effective 09/01/2023) 

02Q. 0106 Incorporation by reference 

(Effective 04/01/2018) 

02Q. 0107 Confidential information 

(Effective 04/01/2018) 

02Q. 0108 Delegation of authority (Effective 

04/01/2018) 

02Q. 0109 Compliance schedule for 

previously exempted activities (Effective 

04/01/2018) 

02Q. 0110 Retention of permit at permitted 

facility (Effective 04/01/2018) 

02Q. 0111 Applicability determinations 

(Effective 04/01/2018) 

02Q. 0112 Applications requiring 

professional engineer seal (Effective 04/01/ 

2018) 

02Q. 0113 Notification in areas without 

zoning (Effective 04/01/2018) 

Section .0200—Permit Fees 

02Q. 0201 Applicability (Effective 04/01/ 

2018) 

02Q. 0202 Definitions (Effective 04/01/2018) 

02Q. 0203 Permit and application fees 

(Effective 11/18/2021) 

02Q. 0204 Inflation adjustment (Effective 04/ 

01/2018) 

02Q. 0205 Other adjustments (Effective 04/ 

01/2018) 

02Q. 0206 Payment of fees (Effective 09/01/ 

2023) 

02Q. 0207 Annual emissions reporting 

(Effective 04/01/2018) 

Section .0300—Construction and Operation 

Permits 

02Q. 0301 Applicability (Effective 04/01/ 

2018) 

02Q. 0303 Definitions (Effective 04/01/ 

2018) 

02Q. 0304 Applications (Effective 09/01/ 

2023) 

02Q. 0305 Application submittal content 

(Effective 09/01/2023) 

02Q. 0306 Permits requiring public 

participation (Effective 04/01/2018) 

02Q. 0307 Public participation procedures 

(Effective 09/01/2023) 

02Q. 0308 Final action on permit 

applications (Effective 04/01/2018) 

02Q. 0309 Termination, modification, and 

revocation of permits (Effective 04/01/ 

2018) 

02Q. 0310 Permitting of numerous similar 

facilities (Effective 04/01/2018) 

02Q. 0311 Permitting of facilities at 

multiple temporary sites (Effective 04/01/ 

2018) 

02Q. 0312 Application processing schedule 

(Effective 04/01/2018) 

02Q. 0313 Expedited application processing 

schedule (Effective 04/01/2018) 

02Q. 0314 General requirements for all 

permits (Effective 04/01/2018) 

02Q. 0315 Synthetic minor facilities 

(Effective 04/01/2018) 

02Q. 0316 Administrative permit 

amendments (Effective 04/01/2018) 

02Q. 0317 Avoidance conditions (Effective 

04/01/2018) 

02Q. 0318 Changes Not Requiring Permit 

Revisions (Effective 04/01/2018) 

Section .0400—Acid Rain Procedures 

02Q. 0401 Purpose and applicability 

(Effective 04/01/2018) 

02Q. 0402 Acid rain permitting procedures 

(Effective 04/01/2018) 

Section .0500—Title V Procedures 

02Q. 0501 Purpose of section and 

requirement for a permit (Effective 04/01/ 

2018) 

02Q. 0502 Applicability (Effective 04/01/ 

2018) 

02Q. 0503 Definitions (Effective 9/01/2022) 

02Q. 0504 Option for obtaining 

construction and operation permit 

(Effective 9/01/2022) 

02Q. 0505 Application submittal content 

(Effective 09/01/2023) 

02Q. 0507 Application (Effective 09/01/ 

2023) 

02Q. 0508 Permit content (Effective 09/01/ 

2023) 

02Q. 0509 Permitting of numerous similar 

facilities (Effective 09/01/2022) 

02Q. 0510 Permitting of facilities at 

multiple temporary sites (Effective 04/01/ 

2018) 

02Q. 0512 Permit shield and application 

shield (Effective 04/01/2018) 

02Q. 0513 Permit renewal and expiration 

(Effective 04/01/2018) 

02Q. 0514 Administrative permit 

amendments (Effective 09/01/2022) 

02Q. 0515 Minor permit modifications 

(Effective 04/01/2018) 

02Q. 0516 Significant permit modification 

(Effective 09/01/2022) 

02Q. 0517 Reopening for cause (Effective 

04/01/2018) 

02Q. 0518 Final action (Effective 09/01/ 

2022) 

02Q. 0519 Termination, modification, 

revocation of permits (Effective 04/01/ 

2018) 

02Q. 0520 Certification by responsible 

official (Effective 04/01/2018) 

02Q. 0521 Public participation (Effective 

09/01/2022) 

02Q. 0522 Review by EPA and affected 

States (Effective 09/01/2022) 

02Q. 0523 Changes not requiring permit 

revisions (Effective 04/01/2018) 

02Q. 0524 Ownership change (Effective 04/ 

01/2018) 

02Q. 0525 Application processing schedule 

(Effective 09/01/2022) 

02Q. 0526 112(j) case-by-case MACT 

procedures (Effective 08/01/2022) 

02Q. 0527 Expedited application processing 

schedule (Effective 04/01/2018) 

02Q. 0528 112(g) case-by-case MACT 

procedures (Effective 04/01/2018) 

Section .0700—Toxic Air Pollutant 

Procedures 

02Q. 0701 Applicability (Effective 07/01/ 

2018) 

02Q. 0702 Exemptions (Effective 07/01/ 

2018) 

02Q. 0703 Definitions (Effective 07/01/ 

2018) 

02Q. 0704 New facilities (Effective 07/01/ 

2018) 

02Q. 0706 Modifications (Effective 11/01/ 

2023) 

02Q. 0707 Previously permitted facilities 

(Effective 07/01/2018) 

02Q. 0708 Compliance schedule for 

previously unknown toxic air pollutant 

emissions (Effective 07/01/2018) 

02Q. 0709 Demonstrations (Effective 07/01/ 

2018) 

02Q. 0710 Public notice and opportunity 

for public hearing (Effective 09/01/2023) 

02Q. 0711 Emission rates requiring a permit 

(Effective 07/01/2018) 

02Q. 0712 Calls by the director (Effective 

07/01/2018) 

Section .0800—Exclusionary Rules 

02Q. 0801 Purpose and scope (Effective 04/ 

01/2018) 


ddrumheller on DSK120RN23PROD with PROPOSALS1
86100 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 

02Q. 0802 Gasoline service stations and 

dispensing facilities (Effective 04/01/2018) 

02Q. 0803 Coating, solvent cleaning, 

graphic arts operations (Effective 04/01/ 

2018) 

02Q. 0804 Dry cleaning facilities (Effective 

04/01/2018) 

02Q. 0805 Grain elevators (Effective 04/01/ 

2018) 

02Q. 0806 Cotton gins (Effective 04/01/ 

2018) 

02Q. 0807 Emergency generators (Effective 

04/01/2018) 

02Q. 0808 Peak shaving generators 

(Effective 04/01/2018) 

02Q. 0810 Air curtain burners (Effective 04/ 

01/2018) 

Section .0900—Permit Exemptions 

02Q. 0901 Purpose and scope (Effective 04/ 

01/2018) 

02Q. 0902 Portable crushers (Effective 04/ 

01/2018) 

02Q. 0903 Emergency generators (Effective 

04/01/2018) 

* * * * * 

[FR Doc. 2023–27091 Filed 12–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2021–0431; FRL–8828– 

04–R9] 

Arizona: Authorization of State 

Hazardous Waste Management 

Program Revisions; Proposed 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) approved revisions to 

Arizona’s federally authorized 

hazardous waste program by publishing 

proposed and direct final rules in the 

Federal Register on September 28, 2021. 

EPA inadvertently omitted a citation to 

Checklist 233 in the text of the proposed 

and direct final rule. With this 

correction, EPA is clarifying that 

Arizona has adopted Checklist 233 and 

is authorized for the Response to 

Vacatur of Certain Provisions of the 

Definition of Solid Waste Rule 

published on May 30, 2018. 

Additionally, EPA is clarifying that 

Arizona is not required to adopt 

Checklist 224: Withdrawal of the 

Emission Comparable Fuel Exclusion. 

Arizona did not adopt the exclusion 

contained in Checklist 221, and thus, 

does not have the exclusion as part of 

its authorized state program. We are 

proposing to correct these and related 

errors. EPA seeks public comment prior 

to taking final action. 

DATES: Comments on this proposed 

correction must be received by January 

11, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

RCRA–2021–0431, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Sorcha Vaughan, EPA Region 9, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4217 or by 

email at vaughan.sorcha@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are corrections to the revised 

state program authorization necessary? 

States that have received final 

authorization from EPA under Section 

3006(b) of the Resource Conservation 

and Recovery Act (RCRA), 42 U.S.C. 

6926(b), must maintain a hazardous 

waste program that is equivalent to, 

consistent with, and no less stringent 

than the federal program. As the federal 

program changes, states must change 

their programs to maintain consistency 

and stringency with the federal rules 

and must ask EPA to authorize the 

changes. EPA’s Federal Register notices 

regarding proposed authorization of 

revisions to state hazardous waste 

management programs provide the 

public with an opportunity to comment 

and also offer details with respect to the 

scope of the revised program 

authorizations on which both the 

general public and the regulated 

community may rely. Where these 

notices omit critical information or fail 

to clearly delineate the scope of 

authorized program revisions, 

corrections may be necessary and/or 

appropriate. 

B. What corrections is EPA making to 

this rule? 

EPA authorized changes to Arizona’s 

hazardous waste program with the 

proposed and direct to final rule on 

September 28, 2021 (86 FR 53558). EPA 

is now proposing to correct this updated 

authorization by: (1) clarifying that 

Arizona has adopted and is authorized 

for Response to Vacatur of Certain 

Provisions of the Definition of Solid 

Waste Rule 83 FR 24664 (May 5, 2018); 

and (2) recognizing that because 

Arizona did not adopt the exclusion 

contained in Checklist 221 the adoption 

of Checklist 224 is unnecessary. These 

proposed corrections to the scope of 

Arizona’s authorized hazardous waste 

program would become effective if 

finalized. 

C. What happens if EPA receives 

comments that oppose this proposed 

action? 

EPA will consider all comments 

received during the comment period 

and address them in a final rule. You 

may not have another opportunity to 

comment. If you want to comment on 

the corrections proposed here, you must 

do so at this time. 

D. What has Arizona previously been 

authorized for? 

Arizona initially received final 

authorization to implement its base 

hazardous waste management program 

on November 20, 1985. Arizona 

received authorization for revisions to 

its program on August 6, 1991 (56 FR 

37290 effective October 7, 1991), July 

13, 1992 (57 FR 30905 effective 

September 11, 1992), November 23, 

1992 (57 FR 54932 effective January 22, 

1993), October 27, 1993 (58 FR 57745 

effective December 27, 1993), July 18, 

1995 (60 FR 36731 effective June 12, 

1995), March 7, 1997 (62 FR 10464 

effective May 6, 1997), October 28, 1998 

(63 FR 57605–57608 effective December 

28, 1998), March 17, 2004 (69 FR 12544 

effective March 17, 2004, originally 

published on October 27, 2000 (65 FR 

64369)), December 20, 2017 (82 FR 

60550 effective January 20, 2018), and 

September 28, 2021 (86 FR 53558 

effective November 29, 2021). 

E. What changes is EPA proposing to 

authorize with this action? 

EPA proposes to correct and clarify 

the terms of the September 28, 2021, 

authorization of Arizona’s hazardous 

waste program with respect to the 

definition of a solid waste. EPA also 

proposes to acknowledge that Arizona is 


ddrumheller on DSK120RN23PROD with PROPOSALS1