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[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Rules and Regulations]
[Pages 89928-89933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25968]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0156; FRL-7547.4-02-OAR]
RIN 2060-AW27

Other Solid Waste Incinerators: Air Curtain Incinerators Title V 
Permitting Provisions; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting a 
final rule that appeared in the Federal Register (FR) on April 17, 
2024. The EPA finalized the Other Solid Waste Incinerators (OSWI); 
Title V Permitting Provisions rule which removed title V permitting 
requirements for air curtain incinerators that burn only wood waste, 
clean lumber, yard waste, or a mixture of these three types of waste. 
Following publication of this final rule, the EPA discovered 
inadvertent errors in the

[[Page 89929]]

regulatory text and is correcting them in this action.

DATES: The final rule is effective on November 14, 2024.

ADDRESSES: The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2003-0156. 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 (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available 
electronically through https://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Dr. Felica Davis, Sector Policies and 
Programs Division (E143-05), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander 
Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-4857; and email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. Throughout this document the 
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. 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
CFR Code of Federal Regulations
EPA Environmental Protection Agency
FR Federal Register
NAICS North American Industry Classification System
OSWI other solid waste incineration
VSMWC very small municipal waste combustion

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Statutory Authority
    D. Judicial Review and Administrative Reconsideration
II. Summary of Final Action
    A. Summary of Technical Corrections in 40 CFR Part 60, Subpart 
EEEE
    B. Summary of Technical Corrections in 40 CFR Part 60, Subpart 
FFFF
III. Summary of Cost, Environmental, and Economic Impacts
IV. Rulemaking Procedures
V. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by this action are 
shown in table 1 of this preamble.

                       Table 1--Industrial Source Categories Affected by This Final Action
----------------------------------------------------------------------------------------------------------------
                                                                           Examples of potentially regulated
             Source category                     NAICS code \1\                         entities
----------------------------------------------------------------------------------------------------------------
Any State, local, or Tribal government    562213, 92411..............  Solid waste combustion units burning
 using a VSMWC unit.                                                    municipal solid waste.
Any correctional institution using an     922, 7213..................  Correctional institutions.
 institutional waste incineration unit.
Any nursing or residential care facility  623........................  Any nursing care, residential
 using an OSWI unit.                                                    intellectual and developmental
                                                                        disability, residential mental health
                                                                        and substance abuse, or assisted living
                                                                        facilities.
Any Federal government agency using an    928, 7121..................  Department of Defense (labs, military
 OSWI unit.                                                             bases, munition facilities) and National
                                                                        Parks.
Any educational institution using an      6111, 6112, 6113...........  Primary and secondary schools,
 OSWI unit.                                                             universities, colleges, and community
                                                                        colleges.
Any church or convent using an OSWI unit  8131.......................  Churches and convents.
Any civic or religious organization       8134.......................  Civic associations and fraternal
 using an OSWI unit.                                                    associations.
Any industrial or commercial facility     114, 211, 212, 221, 486....  Oil and gas exploration operations;
 using a VSMWC unit.                                                    mining; pipeline operators; utility
                                                                        providers; fishing operations.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).

    Table 1 is not intended to be exhaustive, but rather to provide a 
guide for readers regarding entities likely to be affected by this 
final action. To determine whether your entity is affected by this 
action, you should carefully examine the applicability criteria found 
in 40 Code of Federal Regulations (CFR) 60.2885, 60.2981, and 60.2991. 
If you have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble, your delegated authority, 
or your EPA Regional representative listed in 40 CFR 60.4 (General 
Provisions).

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final action will also be 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/other-solid-waste-incinerators-oswi-new-source-performance. Following 
publication in the Federal Register (FR), the EPA will post the FR 
version and key technical documents at the same website.

C. Statutory Authority

    Section 129 of the CAA, entitled ``Solid Waste Combustion,'' 
requires the EPA to establish performance standards and other 
requirements for each category of solid waste incineration unit. Such 
standards must include emissions limitations applicable to new units 
(CAA section 129(a)) and guidelines applicable to existing units (CAA 
section 129(b)). Statutory authority for the rulemaking procedures 
followed in this action is provided by Administrative Procedure Act 
(APA) section 553(b)(B), 5 U.S.C. 553(b)(B) (good cause exception to 
notice and comment rulemaking).

D. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States

[[Page 89930]]

Court of Appeals for the District of Columbia Circuit by January 13, 
2025.

II. Summary of Final Action

    The EPA finalized the Other Solid Waste Incinerators (OSWI); Title 
V Permitting Provisions rule which removed title V permitting 
requirements for air curtain incinerators that burn only wood waste, 
clean lumber, yard waste, or a mixture of these 3 types of waste on 
April 17, 2024. Following publication of this final rule, the EPA 
discovered inadvertent errors in the regulatory text and is correcting 
them in this action. These technical corrections correct the regulatory 
text to read as described in the preamble of the April 17, 2024, final 
rule. 89 FR 27392 (April 17,2024). As such, the EPA is not making 
corrections to the preamble of the April 17, 2024, final rule. The EPA 
finds that there is good cause for finalizing these technical 
corrections without public notice or hearing, as explained in greater 
detail in section IV of this preamble. Notice and comment procedures 
are unnecessary here because the public is already aware of this action 
and its contents. See 5 U.S.C. 553(b)(B).
    In the Federal Register notice finalizing the removal of title V 
permit requirements for units that burn only wood waste, yard waste, 
clean lumber, or a mixture of these three types of waste, and which are 
not located at title V major sources or subject to title V for other 
reasons, the EPA made seven inadvertent errors in the amendatory text: 
three in 40 CFR part 60, subpart EEEE, and four in 40 CFR part 60, 
subpart FFFF. See 89 FR 27397. A memorandum showing these technical 
corrections to the regulatory text is available in the docket (Docket 
ID No. EPA-HQ-OAR-2003-0156).

A. Summary of Technical Corrections in 40 CFR Part 60, Subpart EEEE

    First, the EPA is revising 40 CFR 60.2966, ``Am I required to apply 
for and obtain a title V operating permit for my unit?'', to conform 
with what was described in the April 17, 2024, final rule preamble. As 
described in that preamble, the owner or operator of an OSWI 
incinerator is required to apply for and obtain a title V operating 
permit unless the incinerator is excluded under 40 CFR 60.2887 or 
unless the incinerator is an air curtain incinerator that burns only 
wood waste, yard waste, clean lumber, or a mixture of these 3 types of 
waste, as long as the air curtain incinerator is not located at a title 
V facility or otherwise required to obtain a title V operating permit.
    Second, in 40 CFR 60.2967, ``When must I submit a title V permit 
application for my new unit?'', paragraphs (a) and (b) were 
inadvertently revised and paragraph (c) was unintentionally reserved. 
In this action, the EPA is restoring 40 CFR 60.2967 paragraphs (a) 
through (c) to the text displayed in the electronic CFR (eCFR) as of 
April 16, 2024, and adding paragraph (d) reiterating that a title V 
operating permit is not needed for an air curtain incinerator that 
burns only wood waste, yard waste, clean lumber, or a mixture of these 
3 types of waste as long as the air curtain incinerator is not located 
at a title V facility or otherwise required to obtain a title V 
operating permit.
    Third, 40 CFR 60.2969, ``What are the requirements for air curtain 
incinerators used in disaster recovery?'', was inadvertently removed 
and the section reserved. In this action, the EPA is restoring 40 CFR 
60.2969 to the text displayed in the eCFR as of April 16, 2024. This 
section exempts temporary-use incinerators and air curtain incinerators 
used in disaster recovery from OSWI requirements if they meet the 
conditions set out in this provision.

B. Summary of Technical Corrections in 40 CFR Part 60, Subpart FFFF

    First, a typo removed a portion of the title of 40 CFR part 60, 
subpart FFFF. In this action, the EPA is restoring the entire title of 
40 CFR part 60, subpart FFFF, ``Emission Guidelines and Compliance 
Times for Other Solid Waste Incineration Units that Commenced 
Construction On or Before December 9, 2004.''
    Second, the EPA is revising 40 CFR 60.3059, ``Am I required to 
apply for and obtain a title V operating permit for my unit?'', to 
conform with what was described in the April 17, 2024, final rule 
preamble. The requirements for owners and operators to obtain title V 
operating permits are discussed in more detail above in section II.A of 
this preamble.
    Third, 40 CFR 60.3060, ``When must I submit a title V application 
for my existing unit?'', was inadvertently removed and the section 
reserved. In this action, the EPA is restoring 40 CFR 60.3060 
paragraphs (a) through (c) to the text displayed in the eCFR as of 
April 16, 2024, making a minor clarification in (a)(1) specifying the 
title V permit application deadline, and adding paragraph (d) 
reiterating that a title V operating permit is not needed for an air 
curtain incinerator that burns only wood waste, yard waste, clean 
lumber, or a mixture of these 3 types of waste as long as the air 
curtain incinerator is not located at a title V facility or otherwise 
required to obtain a title V operating permit.
    Fourth, in 40 CFR part 60, subpart FFFF, 40 CFR 60.3069, ``Am I 
required to apply for and obtain a title V operating permit for my air 
curtain incinerator that burns only wood waste, clean lumber, and yard 
waste?'', was inadvertently left in the regulatory text. In this action 
the EPA is removing and reserving 40 CFR 60.3069.
    These corrections make the regulatory text consistent with the 
description in the April 17, 2024, final rule preamble. Thus, the EPA 
finds good cause to make these corrections in this final action (see 
Section IV, Rulemaking Procedures, below).

III. Summary of Cost, Environmental, and Economic Impacts

    This action will have no cost, environmental, or economic impacts 
beyond the impacts presented in the April 17, 2024, Other Solid Waste 
Incinerators; Title V Permitting Provisions final rule (89 FR 27392).

IV. Rulemaking Procedures

    The EPA's authority for the rulemaking procedures followed in this 
action is provided by the Administrative Procedure Act, 5 U.S.C. 553. 
In general, an agency issuing a rule must provide prior notice and an 
opportunity for public comment, but APA section 553(b)(B) includes an 
exemption from notice-and-comment requirements ``when the agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefore in the rule issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' This action is being issued without prior notice or 
opportunity for public comment because the EPA finds that the APA 
``good cause'' exemption from notice-and-comment requirements applies 
here.
    Following notice-and-comment procedures is unnecessary for this 
action. This action corrects purely technical errors resulting in the 
inadvertent deletion and inclusion of certain regulatory text that was 
neither proposed nor envisioned in the notice for the April 17, 2024, 
rule, thus ensuring the regulatory text comports with the description 
of the rule in the final rule preamble. Thus, it is critical to timely 
correct the identified errors to avoid confusion over the regulatory 
text.
    This action is effective immediately upon publication. Although the 
APA typically requires publication of the final rule to precede the 
effective date by at least 30 days unless, as relevant

[[Page 89931]]

here, the rule relieves a restriction (section 553(d)(1)), or the 
agency finds good cause to make the rule effective sooner (section 
553(d)(3)). Under APA section 553(d)(1), an exception applies to a rule 
that ``grants or recognizes an exemption or relieves a restriction.'' 
Part of this rule reinstates 40 CFR 60.2969, which provides for 
exemptions from OSWI requirements for temporary-use incinerators and 
air curtain incinerators used in disaster recovery. A secondary good 
cause basis for immediate effectiveness exists under APA section 
553(d)(3). The additional corrections and clarifications under this 
action are both necessary and beneficial to regulated entities in 
understanding and complying with the final rule's requirements. 
Further, because the rule does not impose any new regulatory 
requirements, the regulated community does not need time to prepare for 
the rule to come into effect. See Omnipoint Corp. v. Fed. Commc'n 
Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996) (in determining whether good 
cause exists to make a rule immediately effective, an agency should 
``balance the necessity for immediate implementation against principles 
of fundamental fairness which require that all affected persons be 
afforded a reasonable amount of time to prepare for the effective date 
of its ruling'').
    Good cause exists for this rule to be made immediately effective. 
The EPA has balanced the necessity for immediate implementation against 
the benefits of delaying implementation. Because this rule makes 
technical corrections to a rule that has already been promulgated, the 
public is aware of the content of the rule. Making these technical 
corrections effective immediately would make the regulatory text 
consistent with what the proposed rule and the preamble to the final 
rule have described.

V. Statutory and Executive Order Reviews

    For a complete discussion of all the statutes, executive orders, 
and administrative requirements applicable to this action, see the 
final rule published in the Rules and Regulations section of the 
Federal Register (89 FR 27392).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting, and recordkeeping 
requirements.

Michael S. Regan,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart EEEE--Standards of Performance for Other Solid Waste 
Incineration Units for Which Construction Is Commenced After 
December 9, 2004, or for Which Modification or Reconstruction Is 
Commenced on or After June 16, 2006

0
2. Revise Sec.  60.2966 to read as follows:

Sec.  60.2966  Am I required to apply for and obtain a title V permit 
for my unit?

    (a) Yes, if you are subject to this subpart, you are required to 
apply for and obtain a title V operating permit unless you meet the 
relevant requirements for an exemption specified in Sec.  60.2887, or 
unless your unit is an air curtain incinerator exempt under paragraph 
(b) of this section.
    (b) If you own or operate an air curtain incinerator that burns 
only wood waste; clean lumber; yard waste; or a mixture of wood waste, 
clean lumber, and/or yard waste and that is subject only to the 
requirements in Sec. Sec.  60.2970 through 60.2973, you are exempt from 
the obligation to obtain a title V operating permit, provided that your 
air curtain incinerator is not otherwise required to obtain a title V 
operating permit.

0
3. Revise Sec.  60.2967 to read as follows:

Sec.  60.2967  When must I submit a title V permit application for my 
new unit?

    (a) If your new unit subject to this subpart is not subject to an 
earlier permit application deadline, a complete title V permit 
application must be submitted on or before one of the dates specified 
in paragraphs (a)(1) or (2) of this section. (See section 503(c) of the 
Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i).)
    (1) For a unit that commenced operation as a new source as of 
December 16, 2005, then a complete title V permit application must be 
submitted not later than December 18, 2006.
    (2) For a unit that does not commence operation as a new source 
until after December 16, 2005, then a complete title V permit 
application must be submitted not later than 12 months after the date 
the unit commences operation as a new source.
    (b) If your new unit subject to this subpart is subject to title V 
as a result of some triggering requirement(s) other than this subpart 
(for example, a unit subject to this subpart may be a major source or 
part of a major source), then your unit may be required to apply for a 
title V permit prior to the deadlines specified in paragraph (a) of 
this section. If more than one requirement triggers a source's 
obligation to apply for a title V permit, the 12-month timeframe for 
filing a title V permit application is triggered by the requirement 
that first causes the source to be subject to title V. (See section 
503(c) of the Clean Air Act and 40 CFR 70.3(a) and (b), 40 CFR 
70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority 
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 
CFR 71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. (See sections 503(d) and 502(a) of the 
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)
    (d) If you own or operate an air curtain incinerator that burns 
only wood waste; clean lumber; yard waste; or a mixture of wood waste, 
clean lumber, and/or yard waste and that is subject only to the 
requirements in Sec. Sec.  60.2970 through 60.2973, you are exempt from 
the obligation to obtain a title V operating permit, provided that your 
air curtain incinerator is not otherwise required to obtain a title V 
operating permit.

0
4. Add Sec.  60.2969 to read as follows:

Sec.  60.2969  What are the requirements for temporary-use incinerators 
and air curtain incinerators used in disaster recovery?

    Your incinerator or air curtain incinerator is excluded from the 
requirements of this subpart if it is used on a temporary basis to 
combust debris from a disaster or emergency such as a tornado, 
hurricane, flood, ice storm, high winds, or act of bioterrorism. To 
qualify for this exclusion, the incinerator or air curtain incinerator 
must be used to combust debris in an area declared a State of Emergency 
by a local or State government, or the President, under the authority 
of the

[[Page 89932]]

Stafford Act, has declared that an emergency or a major disaster exists 
in the area, and you must follow the requirements specified in 
paragraphs (a) through (c) of this section.
    (a) If the incinerator or air curtain incinerator is used during a 
period that begins on the date the unit started operation and lasts 8 
weeks or less within the boundaries of the same emergency or disaster 
declaration area, then it is excluded from the requirements of this 
subpart. You do not need to notify the Administrator of its use or meet 
the emission limitations or other requirements of this subpart.
    (b) If the incinerator or air curtain incinerator will be used 
during a period that begins on the date the unit started operation and 
lasts more than 8 weeks within the boundaries of the same emergency or 
disaster declaration area, you must notify the Administrator that the 
temporary-use incinerator or air curtain incinerator will be used for 
more than 8 weeks and request permission to continue to operate the 
unit as specified in paragraphs (b)(1) and (2) of this section.
    (1) The notification must be submitted in writing by the date 8 
weeks after you start operation of the temporary-use incinerator or air 
curtain incinerator within the boundaries of the current emergency or 
disaster declaration area.
    (2) The notification must contain the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, identification of the 
disaster or emergency for which the incinerator or air curtain 
incinerator is being used, a description of the types of materials 
being burned in the incinerator or air curtain incinerator, a brief 
description of the size and design of the unit (for example, an air 
curtain incinerator or a modular starved-air incinerator), the reasons 
the incinerator or air curtain incinerator must be operated for more 
than 8 weeks, and the amount of time for which you request permission 
to operate including the date you expect to cease operation of the 
unit.
    (c) If you submitted the notification containing the information in 
paragraph (b)(2) of this section, by the date specified in paragraph 
(b)(1) of this section, you may continue to operate the incinerator or 
air curtain incinerator for another 8 weeks, which is a total of 16 
weeks from the date the unit started operation within the boundaries of 
the current emergency or disaster declaration area. You do not have to 
meet the emission limitations or other requirements of this subpart 
during this period.
    (1) At the end of 16 weeks from the date the incinerator or air 
curtain incinerator started operation within the boundaries of the 
current emergency or disaster declaration area, you must cease 
operation of the unit or comply with all requirements of this subpart, 
unless the Administrator has approved in writing your request to 
continue operation.
    (2) If the Administrator has approved in writing your request to 
continue operation, then you may continue to operate the incinerator or 
air curtain incinerator within the boundaries of the current emergency 
or disaster declaration area until the date specified in the approval, 
and you do not need to comply with any other requirements of this 
subpart during the approved time period.

Subpart FFFF--Emission Guidelines and Compliance Times for Other 
Solid Waste Incineration Units That Commenced Construction On or 
Before December 9, 2004

0
5. Revise the heading of Subpart FFFF to read as set forth above.

0
6. Revise Sec.  60.3059 to read as follows:

Sec.  60.3059  Am I required to apply for and obtain a title V 
operating permit for my unit?

    (a) Yes, if your OSWI unit is an existing incineration unit subject 
to an applicable EPA-approved and effective Clean Air Act section 
111(d)/129 State or Tribal plan or an applicable and effective Federal 
plan, you are required to apply for and obtain a title V operating 
permit unless you meet the relevant requirements for an exemption 
specified in Sec.  60.2993, or unless your unit is an air curtain 
incinerator exempt under paragraph (b) of this section.
    (b) If you own or operate an air curtain incinerator that burns 
only wood waste; clean lumber; yard waste; or a mixture of wood waste, 
clean lumber, and/or yard waste and is subject only to the requirements 
in Sec. Sec.  60.3062 through 60.3068, you are exempt from the 
obligation to obtain a title V operating permit, provided that your air 
curtain incinerator is not otherwise required to obtain a title V 
operating permit.

0
7. Add Sec.  60.3060 to read as follows:

Sec.  60.3060  When must I submit a title V permit application for my 
existing unit?

    (a)(1) If your existing unit is not subject to an earlier title V 
permit application deadline, a complete title V permit application must 
be submitted on or before the earlier of the dates specified in 
paragraphs (a)(1)(i) through (iii) of this section. (See sections 
129(e), 503(c), 503(d), and 502(a) of the Clean Air Act and 40 CFR 
70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i).)
    (i) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 State or Tribal plan.
    (ii) 12 months after the effective date of any applicable Federal 
plan.
    (iii) December 16, 2008.
    (2) For any existing unit not subject to an earlier permit 
application deadline, the application deadline of 36 months after the 
promulgation of 40 CFR part 60, subpart FFFF, applies regardless of 
whether or when any applicable Federal plan is effective, or whether or 
when any applicable Clean Air Act section 111(d)/129 State or Tribal 
plan is approved by EPA and becomes effective.
    (b) If your existing unit is subject to title V as a result of some 
triggering requirement(s) other than those specified in paragraph (a) 
of this section (for example, a unit may be a major source or part of a 
major source), then your unit may be required to apply for a title V 
permit prior to the deadlines specified in paragraph (a) of this 
section. If more than one requirement triggers a source's obligation to 
apply for a title V permit, the 12-month timeframe for filing a title V 
permit application is triggered by the requirement which first causes 
the source to be subject to title V. (See section 503(c) of the Clean 
Air Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 
71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority 
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 
CFR 71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with Federal law. (See sections 503(d) and 502(a) of the 
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)
    (d) If you own or operate an air curtain incinerator that burns 
only wood waste; clean lumber; yard waste; or a mixture of wood waste, 
clean lumber, and/or yard waste and is subject only to the requirements 
in Sec. Sec.  60.3062 through 60.3068, you are exempt from the 
obligation to obtain a title V operating permit, provided that your air 
curtain incinerator is not otherwise required to obtain a title V 
operating permit.

[[Page 89933]]

Sec.  60.3069  [Removed and Reserved]

0
8. Remove and reserve Sec.  60.3069.

[FR Doc. 2024-25968 Filed 11-13-24; 8:45 am]
BILLING CODE 6560-50-P
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