96106 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 

Air Quality Management District: Rule 

472. 

* * * * * 

(37) * * * 

(i) * * * 

(E) Previously approved on June 14, 

1978, in paragraph (c)(37)(i)(A) of this 

section and now deleted with 

replacement in paragraph 

(c)(621)(i)(A)(1) of this section for 

implementation in the Mojave Desert 

Air Quality Management District: Rule 

468. 

(F) Previously approved on June 14, 

1978, in paragraph (c)(37)(i)(A) of this 

section and now deleted with 

replacement in paragraph 

(c)(621)(i)(A)(2) of this section for 

implementation in the Mojave Desert 

Air Quality Management District: Rule 

469. 

* * * * * 

(39) * * * 

(ii) * * * 

(M) Previously approved on 

September 8, 1978, in paragraph 

(c)(39)(ii)(C) of this section and now 

deleted with replacement in paragraph 

(c)(620)(i)(A)(1) of this section: Rule 

407. 

(N) Previously approved on 

September 8, 1978, in paragraph 

(c)(39)(ii)(C) of this section and now 

deleted with replacement in paragraph 

(c)(610)(i)(D)(3) of this section: Rule 

408. 

(O) Previously approved on 

September 8, 1978, in paragraph 

(c)(39)(ii)(C) of this section and now 

deleted with replacement in paragraph 

(c)(610)(i)(D)(4) of this section: Rule 

409. 

(P) Previously approved on September 

8, 1978, in paragraph (c)(39)(ii)(C) of 

this section and now deleted with 

replacement in paragraph 

(c)(610)(i)(D)(5) of this section: Rule 

443. 

(Q) Previously approved on 

September 8, 1978, in paragraph 

(c)(39)(ii)(C) of this section and now 

deleted with replacement in paragraph 

(c)(621)(i)(A)(1) of this section: Rule 

468. 

(R) Previously approved on 

September 8, 1978, in paragraph 

(c)(39)(ii)(C) of this section and now 

deleted with replacement in paragraph 

(c)(621)(i)(A)(2) of this section: Rule 

469. 

(S) Previously approved on September 

8, 1978, in paragraph (c)(39)(ii)(C) of 

this section and now deleted with 

replacement in paragraph 

(c)(610)(i)(D)(6) of this section: Rule 

472. 

* * * * * 

(42) * * * 

(xiii) * * * 

(E) Previously approved on December 

21, 1978, in paragraph (c)(42)(xiii)(A) of 

this section and now deleted with 

replacement in paragraph 

(c)(610)(i)(D)(1) of this section: Rule 

404. 

(F) Previously approved on December 

21, 1978, in paragraph (c)(42)(xiii)(A) of 

this section and now deleted with 

replacement in paragraph 

(c)(610)(i)(D)(2) of this section: Rule 

405. 

* * * * * 

(179) * * * 

(i) * * * 

(B) * * * 

(4) Previously approved on November 

27, 1990, in paragraph (c)(179)(i)(B)(1) 

of this section and now deleted with 

replacement in paragraph 

(c)(622)(i)(A)(1) of this section: Rule 

104, amended on December 19, 1988. 

* * * * * 

(610) * * * 

(i) * * * 

(D) Mojave Desert Air Quality 

Management District. 

(1) Rule 404, ‘‘Particulate Matter— 

Concentration,’’ readopted on July 25, 

1977. 

(2) Rule 405, ‘‘Solid Particulate 

Matter—Weight,’’ readopted on July 25, 

1977. 

(3) Rule 408, ‘‘Circumvention,’’ 

readopted on July 25, 1977. 

(4) Rule 409, ‘‘Combustion 

Contaminants,’’ readopted on July 25, 

1977. 

(5) Rule 443, ‘‘Labeling of Solvents,’’ 

readopted on July 25, 1977. 

(6) Rule 472, ‘‘Reduction of Animal 

Matter,’’ readopted on July 25, 1977. 

* * * * * 

(620) The following regulations were 

submitted on September 23, 2022, by 

the Governor’s designee. 

(i) Incorporation by reference. (A) 

Mojave Desert Air Quality Management 

District. 

(1) Rule 407, ‘‘Liquid and Gaseous Air 

Contaminants,’’ readopted on July 25, 

1977. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

(621) The following regulations were 

submitted electronically on November 

30, 2022, by the Governor’s designee as 

an attachment to a letter dated 

November 22, 2022. 

(i) Incorporation by reference. (A) 

Mojave Desert Air Quality Management 

District. 

(1) Rule 468, ‘‘Sulfur Recovery Units,’’ 

readopted on July 25, 1977. 

(2) Rule 469, ‘‘Sulfur Acid Units,’’ 

readopted on July 25, 1977. 

(B) [Reserved] 

(ii) [Reserved] 

(622) The following regulations were 

submitted on October 13, 2023, by the 

Governor’s designee. 

(i) Incorporation by reference. (A) 

Mojave Desert Air Quality Management 

District. 

(1) Rule 104, ‘‘Reporting of Source 

Test Data and Analyses,’’ amended on 

December 19, 1988. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

* * * * * 

[FR Doc. 2024–27627 Filed 12–3–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2017–0015; FRL–5948.2– 

02–OAR] 

RIN 2060–AV59 

National Emission Standards for 

Hazardous Air Pollutants: Lime 

Manufacturing Plants Technology 

Review; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making corrections to 

the National Emission Standards for 

Hazardous Air Pollutants for Lime 

Manufacturing Plants (Lime 

Manufacturing NESHAP) technology 

review final rule that appeared in the 

Federal Register on July 16, 2024. 

Following publication of this final rule, 

the EPA discovered inadvertent errors 

in the regulatory text and is correcting 

them in this action. 

DATES: The final rule is effective on 

December 4, 2024. 

ADDRESSES: The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2017–0015. 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: Mr. 

Brian Storey, Mail Drop: D243–04, 109 


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Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96107 

T.W. Alexander Drive, P.O. Box 12055, 

RTP, North Carolina 27711; telephone 

number: (919) 541–1103; and email 

address: storey.brian@epa.gov. 

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: 

APA Administrative Procedure Act 

BTF beyond the floor 

CAA Clean Air Act 

CFR Code of Federal Regulations 

EPA Environmental Protection Agency 

FR Federal Register 

HAP hazardous air pollutants 

MACT Maximum Achievable Control 

Technology 

NAICS North American Industry 

Classification System 

NESHAP National Emission Standards for 

Hazardous Air Pollutants 

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 

III. Summary of Cost, Environmental, and 

Economic Impacts 

IV. Rulemaking Procedures 

V. Statutory and Executive Order Reviews 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Regulated entities. Categories and 

entities potentially affected by this 

action are shown in table 1 of this 

preamble. 

TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION

Source category and NESHAP NAICS code 1

Lime Manufacturing .................................................................................. 32741, 33111, 3314. 

1 North American Industry Classification System (NAICS). 

Table 1 of this preamble is not 

intended to be exhaustive, but rather to 

provide a guide for readers regarding 

entities likely to be affected by the final 

action for the source category listed. To 

determine whether your facility is 

affected, you should examine the 

applicability criteria in the Lime 

Manufacturing NESHAP. If you have 

any questions regarding the 

applicability of any aspect of this 

NESHAP, please contact the appropriate 

person listed in the preceding FOR

FURTHER INFORMATION CONTACT section of 

this preamble. 

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-airpollution/lime-manufacturing-plantsnational-emission-standards-hazardous. 

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 

For major sources, the Clean Air Act 

(CAA) section 112(d)(2) provides that 

the technology-based NESHAP must 

reflect the maximum degree of emission 

reductions of hazardous air pollutants 

(HAP) achievable after considering cost, 

energy requirements, and non-air 

quality health and environmental 

impacts. These standards are commonly 

referred to as Maximum Achievable 

Control Technology (MACT) standards. 

CAA section 112(d)(3) also establishes a 

minimum control level for MACT 

standards, known as the MACT ‘‘floor.’’ 

The EPA must also consider control 

options that are more stringent than the 

floor, commonly referred to as ‘‘beyondthe-floor’’ (BTF) standards. Costs may 

not be considered when setting the 

MACT floor and may only be 

considered when determining whether 

BTF standards are appropriate. 

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 

Court of Appeals for the District of 

Columbia Circuit by February 3, 2025. 

II. Summary of Final Action 

The EPA finalized MACT standards 

for the lime manufacturing industry 

under CAA section 112(d) for 4 

previously unregulated pollutants on 

July 16, 2024. The 4 pollutants regulated 

in the final rule included hydrogen 

chloride, mercury, total organic HAP, 

and dioxin/furans. Following 

publication of this final rule, the EPA 

discovered errors in the regulatory text 

and is correcting them in this action. 

Specifically, the EPA is revising the 

Lime Manufacturing NESHAP July 16, 

2024, final rule to correctly reference 40 

CFR 63.7083(g). In the July 16, 2024, 

final rule amendatory text, 40 CFR 

63.7083 was revised to include new 

compliance dates associated with the 

July 16, 2024, final rule. These additions 

were added to the section as paragraphs 

(c) and (d). The additions caused 40 

CFR 63.7083(e) to be redesignated as 

63.7083(g) in the July 16, 2024, final 

rule amendatory text. This action 

revises all applicable references in the 

rule that previously referenced 40 CFR 

63.7083(e) to correctly reference 40 CFR 

63.7083(g). 

Additionally, the EPA is correcting 40 

CFR 63.7083(h)(2) to correct the 

compliance date of the hydrogen 

chloride, mercury, total organic HAP, 

and dioxin/furan emissions limitations 

for new sources. The July 16, 2024, final 

rule inadvertently set the compliance 

date for these sources as the date the 

final rule was published in the Federal 

Register (89 FR 57738, July 16, 2024). 

This date is being revised to correctly 

identify the compliance date for these 

sources as January 5, 2023, or the date 

of initial startup, whichever is later. 

This date represents the date that these 

sources must be in compliance, and is 

based on the date the proposed 

amendments were published in the 

Federal Register (88 FR 805, January 5, 

2023). 

Lastly, the EPA is correcting 40 CFR 

63.7112(o), which inadvertently 

referenced ‘‘total hydrocarbons’’ in the 

introductory paragraph and equation 5 

of paragraph (o) in the July 16, 2024, 

final rule. The EPA is correcting these 

errors by revising 40 CFR 63.7112(o) to 

reference ‘‘total organic HAP’’ instead. 

These corrections make the regulatory 

text consistent with what the preamble 

to the final rule describes. The EPA 

finds that there is good cause for 

finalizing these technical corrections 

without public notice or hearing, as 


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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). 

III. Summary of Cost, Environmental, 

and Economic Impacts 

This action will have no cost, 

environmental, or economic impacts 

beyond the impacts presented in the 

July 16, 2024, Lime Manufacturing 

NESHAP final rule (89 FR 57738). 

IV. Rulemaking Procedures 

The EPA’s authority for the 

rulemaking procedures followed in this 

action is provided by the Administrative 

Procedure Act (APA), 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 therefor 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 technical 

errors, correctly referencing 40 CFR 

63.7083(g), correctly referencing the 

compliance date for new or 

reconstructed sources in 40 CFR 

63.7083(h)(2) and correcting the 

references to ‘‘total hydrocarbons’’ in 

the text and in equation 5 of 40 CFR 

63.7112(o) in the July 16, 2024, rule. It 

is critical to timely correct the identified 

error to avoid confusion. 

This action is effective immediately 

upon publication. The APA typically 

requires publication of a final rule to 

precede its effective date by at least 30 

days unless, as relevant here, the agency 

finds good cause to make the rule 

effective sooner. APA section 553(b)(B). 

Under APA section 553(d), these 

technical corrections both necessary and 

beneficial to regulated entities in 

understanding and complying with the 

final rule’s requirements. Further, 

because this rule does not impose any 

new regulatory requirements, the 

regulated community does not need 

time to prepare for it 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 the 

technical corrections effective 

immediately will 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 

57738). 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Hazardous substances, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, the EPA amends title 40, 

chapter I, part 63 of the Code of Federal 

Regulations as follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart AAAAA—National Emission 

Standards for Hazardous Air Pollutants 

for Lime Manufacturing Plants 

■ 2. Amend § 63.7083 by revising 

paragraph (h)(2) to read as follows: 

§ 63.7083 When do I have to comply with 

this subpart? 

* * * * * 

(h) * * * 

(2) If your affected source commenced 

construction or reconstruction after July 

16, 2024, then the compliance date for 

HCl, mercury, total organic HAP, and D/ 

F emissions limitations is January 5, 

2023, or the date of initial startup, 

whichever is later. 

■ 3. Amend § 63.7090 by revising 

paragraph (c) to read as follows: 

§ 63.7090 What emission limitations must I 

meet? 

* * * * * 

(c) On or after the relevant 

compliance date for your source as 

specified in § 63.7083(g), you must meet 

each startup and shutdown period 

emission limit in table 2 to this subpart 

that applies to you. 

* * * * * 

■ 4. Revise § 63.7100 to read as follows: 

§ 63.7100 What are my general 

requirements for complying with this 

subpart? 

(a) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), you must be in compliance 

with the emission limitations (including 

operating limits) in this subpart at all 

times, except during periods of startup, 

shutdown, and malfunction. On and 

after the relevant compliance date for 

your source as specified in § 63.7083(g), 

you must be in compliance with the 

applicable emission limitations 

(including operating limits) at all times. 

You may operate outside of the 

established operating parameter limit(s) 

during performance tests in order to 

establish new operating limits. 

(b) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), you must be in compliance 

with the opacity and visible emission 

(VE) limits in this subpart at all times, 

except during periods of startup, 

shutdown, and malfunction. On and 

after the relevant compliance date for 

your source as specified in § 63.7083(g), 

you must be in compliance with the 

applicable opacity and VE limits at all 

times. 

(c) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), you must always operate 

and maintain your affected source, 

including air pollution control and 

monitoring equipment, according to the 

provisions in § 63.6(e)(1)(i). On and after 

the relevant compliance date for your 

source as specified in § 63.7083(g), you 

must always operate and maintain any 

affected source, including associated air 

pollution control equipment and 

monitoring equipment, in a manner 

consistent with safety and good air 

pollution control practices for 

minimizing emissions. The general duty 

to minimize emissions does not require 


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Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96109 

the owner or operator to make any 

further efforts to reduce emissions if 

levels required by the applicable 

standard have been achieved. 

Determination of whether such 

operation and maintenance procedures 

are being used will be based on 

information available to the 

Administrator which may include, but 

is not limited to, monitoring results, 

review of operation and maintenance 

procedures, review of operation and 

maintenance records, and inspection of 

the source. 

(d) You must prepare and implement 

for each LMP, a written operations, 

maintenance, and monitoring (OM&M) 

plan. You must submit the plan to the 

applicable permitting authority for 

review and approval as part of the 

application for a 40 CFR part 70 or 40 

CFR part 71 permit. Any subsequent 

changes to the plan must be submitted 

to the applicable permitting authority 

for review and approval. Pending 

approval by the applicable permitting 

authority of an initial or amended plan, 

you must comply with the provisions of 

the submitted plan. Each plan must 

contain the following information: 

(1) Process and control device 

parameters to be monitored to 

determine compliance, along with 

established operating limits or ranges, as 

applicable, for each emission unit. 

(2) A monitoring schedule for each 

emission unit. 

(3) Procedures for the proper 

operation and maintenance of each 

emission unit and each air pollution 

control device used to meet the 

applicable emission limitations and 

operating limits in tables 1, 2, and 3 to 

this subpart, respectively. On and after 

the relevant compliance date for your 

source as specified in § 63.7083(g), your 

OM&M plan must address periods of 

startup and shutdown. 

(4) Procedures for the proper 

installation, operation, and maintenance 

of monitoring devices or systems used 

to determine compliance, including: 

(i) Calibration and certification of 

accuracy of each monitoring device; 

(ii) Performance and equipment 

specifications for the sample interface, 

parametric signal analyzer, and the data 

collection and reduction systems; 

(iii) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), ongoing operation and 

maintenance procedures in accordance 

with the general requirements of 

§ 63.8(c)(1)(i) and (ii), (c)(3), and 

(c)(4)(ii). On and after the relevant 

compliance date for your source as 

specified in § 63.7083(g), ongoing 

operation and maintenance procedures 

in accordance with the general 

requirements of paragraph (c) of this 

section and §§ 63.8(c)(1)(ii), (c)(3), and 

(c)(4)(ii); and 

(iv) Ongoing data quality assurance 

procedures in accordance with the 

general requirements of § 63.8(d). 

(5) Procedures for monitoring process 

and control device parameters. 

(6) Corrective actions to be taken 

when process or operating parameters or 

add-on control device parameters 

deviate from the operating limits 

specified in table 3 to this subpart, 

including: 

(i) Procedures to determine and 

record the cause of a deviation or 

excursion, and the time the deviation or 

excursion began and ended; and 

(ii) Procedures for recording the 

corrective action taken, the time 

corrective action was initiated, and the 

time and date the corrective action was 

completed. 

(7) A maintenance schedule for each 

emission unit and control device that is 

consistent with the manufacturer’s 

instructions and recommendations for 

routine and long-term maintenance. 

(e) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), you must develop a written 

startup, shutdown, and malfunction 

plan (SSMP) according to the provisions 

in § 63.6(e)(3). 

■ 5. Amend § 63.7112 by revising 

paragraphs (b), (c), (m), and (o) to read 

as follows: 

§ 63.7112 What performance tests, design 

evaluations, and other procedures must I 

use? 

* * * * * 

(b) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), each performance test must 

be conducted according to the 

requirements in § 63.7(e)(1) and under 

the specific conditions specified in table 

5 to this subpart. Beginning July 16, 

2024, each performance test must 

include the methods specified in rows 

19–24 of table 5 to this subpart. On and 

after the relevant compliance date for 

your source as specified in § 63.7083(g), 

each performance test must be 

conducted based on representative 

performance (i.e., performance based on 

normal operating conditions) of the 

affected source and under the specific 

conditions in table 5 to this subpart. 

Representative conditions exclude 

periods of startup and shutdown. The 

owner or operator may not conduct 

performance tests during periods of 

malfunction. The owner or operator 

must record the process information 

that is necessary to document operating 

conditions during the test and include 

in such record an explanation to 

support that such conditions represent 

normal operation. Upon request, the 

owner or operator shall make available 

to the Administrator such records as 

may be necessary to determine the 

conditions of performance tests. 

(c) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), you may not conduct 

performance tests during periods of 

startup, shutdown, or malfunction, as 

specified in § 63.7(e)(1). On and after 

the relevant compliance date for your 

source as specified in § 63.7083(g), you 

may not conduct performance tests 

during periods of startup, shutdown, or 

malfunction, as specified in 

§ 63.7112(b). 

* * * * * 

(m) On and after the relevant 

compliance date for your source as 

specified in § 63.7083(g), during startup, 

kilns must be tested hourly to determine 

when lime product meets the definition 

of on-specification lime product. 

* * * * * 

(o) The concentration of total organic 

HAP and dioxins/furans shall be 

corrected to 7 percent oxygen using 

equation 5 to this paragraph (o): 

Equation 5 to Paragraph (o) 


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13.9 

(Eq. 5) 
96110 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 

Where: 

C7% = concentration of total organic HAP, 

ppmv on a dry basis or dioxins/furans in 

ng/dscm corrected to 7 percent oxygen. 

Cunc = uncorrected total organic HAP, ppmv 

on a dry basis or dioxins/furans in ng/ 

dscm. 

CO2 = concentration of oxygen (percent). 

■ 6. Amend § 63.7121 by revising 

paragraph (d) to read as follows: 

§ 63.7121 How do I demonstrate 

continuous compliance with the emission 

limitations standard? 

* * * * * 

(d) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), consistent with §§ 63.6(e) 

and 63.7(e)(1), deviations that occur 

during a period of startup, shutdown, or 

malfunction are not violations if you 

demonstrate to the Administrator’s 

satisfaction that you were operating in 

accordance with § 63.6(e)(1). The 

Administrator will determine whether 

deviations that occur during a period of 

startup, shutdown, or malfunction are 

violations, according to the provisions 

in § 63.6(e). 

* * * * * 

■ 7. Amend § 63.7130 by revising 

paragraph (e) introductory text to read 

as follows: 

§ 63.7130 What notifications must I submit 

and when? 

* * * * * 

(e) If you are required to conduct a 

performance test, design evaluation, 

opacity observation, VE observation, or 

other initial compliance demonstration 

as specified in table 4 or 5 to this 

subpart, you must submit a Notification 

of Compliance Status according to 

§ 63.9(h)(2)(ii). Beginning on the 

relevant compliance date for your 

source as specified in § 63.7083(g), 

submit all subsequent Notification of 

Compliance Status following the 

procedure specified in § 63.7131(h). 

* * * * * 

■ 8. Amend § 63.7131 by revising 

paragraphs (b)(6), (c)(4) through (6), (d) 

introductory text, and (e) introductory 

text to read as follows: 

§ 63.7131 What reports must I submit and 

when? 

* * * * * 

(b) * * * 

(6) Beginning on the relevant 

compliance date for your source as 

specified in § 63.7083(g), submit all 

subsequent compliance reports 

following the procedure specified in 

paragraph (h) of this section. 

(c) * * * 

(4) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), if you had a startup, 

shutdown or malfunction during the 

reporting period and you took actions 

consistent with your SSMP, the 

compliance report must include the 

information in § 63.10(d)(5)(i). 

(5) If there were no deviations from 

any emission limitations (emission 

limit, operating limit, opacity limit, and 

VE limit) that apply to you, the 

compliance report must include a 

statement that there were no deviations 

from the emission limitations during the 

reporting period. 

(6) If there were no periods during 

which the continuous monitoring 

systems (CMS) were out-of-control as 

specified in § 63.8(c)(7), a statement that 

there were no periods during which the 

CMS were out-of-control during the 

reporting period. 

* * * * * 

(d) For each deviation from an 

emission limitation (emission limit, 

operating limit, opacity limit, and VE 

limit) that occurs at an affected source 

where you are not using a CMS to 

comply with the emission limitations in 

this subpart, the compliance report must 

contain the information specified in 

paragraphs (c)(1) through (4) and (d)(1) 

and (2) of this section. The deviations 

must be reported in accordance with the 

requirements in § 63.10(d) prior to the 

relevant compliance date for your 

source as specified in § 63.7083(g) and 

the requirements in § 63.10(d)(1) 

through (4) beginning on the relevant 

compliance date for your source as 

specified in § 63.7083(g). 

* * * * * 

(e) For each deviation from an 

emission limitation (emission limit, 

operating limit, opacity limit, and VE 

limit) occurring at an affected source 

where you are using a CMS to comply 

with the emission limitation in this 

subpart, you must include the 

information specified in paragraphs 

(c)(1) through (4) and (e)(1) through (11) 

of this section, except that beginning on 

the relevant compliance date for your 

source as specified in § 63.7083(g), the 

semiannual compliance report must also 

include the information included in 

paragraph (e)(12) of this section. This 

includes periods of startup, shutdown, 

and malfunction. 

* * * * * 

■ 9. Amend § 63.7132 by revising 

paragraph (a)(2) introductory text to 

read as follows: 

§ 63.7132 What records must I keep? 

(a) * * * 

(2) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), the records in 

§ 63.6(e)(3)(iii) through (v) related to 

startup, shutdown, and malfunction. On 

and after the relevant compliance date 

for your source as specified in 

§ 63.7083(g), the records in paragraphs 

(a)(2)(i) and (ii) of this section. 

* * * * * 

■ 10. Amend § 63.7143 by revising the 

definition of ‘‘deviation’’ to read as 

follows: 

§ 63.7143 What definitions apply to this 

subpart? 

* * * * * 

Deviation means any instance in 

which an affected source, subject to this 

subpart, or an owner or operator of such 

a source: 

(1) Fails to meet any requirement or 

obligation established by this subpart, 

including but not limited to any 

emission limitation (including any 

operating limit); 

(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any affected source required 

to obtain such a permit; or 

(3) Prior to the relevant compliance 

date for your source as specified in 

§ 63.7083(g), fails to meet any emission 

limitation (including any operating 

limit) in this subpart during startup, 

shutdown, or malfunction, regardless of 

whether or not such failure is allowed 

by this subpart. 

■ 11. Revise table 2 to subpart AAAAA 

to read as follows: 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96111 

TABLE 2 TO SUBPART AAAAA OF PART 63—STARTUP AND SHUTDOWN EMISSION LIMITS FOR KILNS AND COOLERS

[As required in § 63.7090(b), on and after the relevant compliance date for your source as specified in § 63.7083(g), you must meet each 

emission limit in the following table that applies to you.] 

For . . . You must meet the following emission limit You have demonstrated compliance, if after following 

the requirements in § 63.7112 . . . 

1. All new and existing lime 

kilns and their associated 

coolers equipped with an 

FF or an ESP during each 

startup.

Emissions must not exceed 15 percent opacity (based 

on startup period block average).

i. Installed, maintained, calibrated and operated a 

COMS as required by 40 CFR part 63, subpart A, 

General Provisions and according to PS–1 of appendix B to part 60 of this chapter, except as specified in 

§ 63.7113(g)(2); 

ii. Collected the COMS data at a frequency of at least 

once every 15 seconds, determining block averages 

for each startup period and demonstrating for each 

startup block period the average opacity does not exceed 15 percent. 

2. All existing lime kilns and 

their associated coolers 

that have a wet scrubber 

during each startup.

See item 2.b of table 3 of subpart AAAAA for emission 

limit.

See item 1 of table 6 of subpart AAAAA for requirements for demonstrating compliance. 

3. All new and existing lime 

kilns and their associated 

coolers equipped with an 

FF or an ESP during shutdown.

Emissions must not exceed 15 percent opacity (based 

on 6-minute average opacity for any 6-minute block 

period does not exceed 15 percent).

i. Installed, maintained, calibrated and operated a 

COMS as required by 40 CFR part 63, subpart A, 

General Provisions and according to PS–1 of appendix B to part 60 of this chapter, except as specified in 

§ 63.7113(g)(2); 

ii. Collecting the COMS data at a frequency of at least 

once every 15 seconds, determining block averages 

for each 6-minute period and demonstrating for each 

6-minute block period the average opacity does not 

exceed 15 percent. 

4. All existing lime kilns and 

their associated coolers 

that have a wet scrubber 

during shutdown.

See item 2.b of table 3 of subpart AAAAA for emission 

limit.

See item 1 of table 6 of subpart AAAAA for requirements for demonstrating compliance. 

■ 12. Revise tables 5 and 6 to subpart 

AAAAA to read as follows: 

TABLE 5 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR PERFORMANCE TESTS

[As required in § 63.7112, you must conduct each performance test in the following table that applies to you.] 

For . . . You must . . . Using . . . According to the following requirements . . . 

1. Each lime kiln and each associated lime cooler, if there 

is a separate exhaust to the 

atmosphere from the associated lime cooler.

Select the location of the sampling ports and the number 

of traverse points.

Method 1 or 1A of appendix A 

to part 60 of this chapter; 

and § 63.6(d)(1)(i).

Sampling sites must be located at the outlet of the control device(s) and prior to any releases to the atmosphere. 

2. Each lime kiln and each associated lime cooler, if there 

is a separate exhaust to the 

atmosphere from the associated lime cooler.

Determine velocity and volumetric flow rate.Method 2, 2A, 2C, 2D, 2F, or 

2G in appendix A to part 60 

of this chapter.

Not applicable. 

3. Each lime kiln and each associated lime cooler, if there 

is a separate exhaust to the 

atmosphere from the associated lime cooler.

Conduct gas molecular weight 

analysis.

Method 3, 3A, or 3B in appendix A to part 60 of this chapter.You may use manual procedures (but not instrumental procedures) of ASME PTC 19.10–1981—Part 10 (available for 

purchase from Three Park Avenue, New York, NY 10016– 

5990) as an alternative to using Method 3B. 

4. Each lime kiln and each associated lime cooler, if there 

is a separate exhaust to the 

atmosphere from the associated lime cooler.

Measure moisture content of 

the stack gas.

Method 4 in appendix A to part 

60 of this chapter.

Not applicable. 

5. Each lime kiln and each associated lime cooler, if there 

is a separate exhaust to the 

atmosphere from the associated lime cooler, and which 

uses a negative pressure PM 

control device.

Measure PM emissions ............ Method 5 in appendix A to part 

60 of this chapter.

Conduct the test(s) when the source is operating at representative operating conditions in accordance with § 63.7(e) before the relevant compliance date for your source as specified in § 63.7083(g) and § 63.7112(b) on and after the relevant compliance date for your source as specified in 

§ 63.7083(g); the minimum sampling volume must be 0.85 

dry standard cubic meter (dscm) (30 dry standard cubic foot 

(dscf)); if there is a separate lime cooler exhaust to the atmosphere, you must conduct the Method 5 test of the cooler 

exhaust concurrently with the kiln exhaust test. 


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96112 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 

TABLE 5 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR PERFORMANCE TESTS—Continued 

[As required in § 63.7112, you must conduct each performance test in the following table that applies to you.] 

For . . . You must . . . Using . . . According to the following requirements . . . 

6. Each lime kiln and each associated lime cooler, if there 

is a separate exhaust to the 

atmosphere from the associated lime cooler, and which 

uses a positive pressure FF 

or ESP.

Measure PM emissions ............ Method 5D in appendix A to 

part 60 of this chapter.

Conduct the test(s) when the source is operating at representative operating conditions in accordance with § 63.7(e) before the relevant compliance date for your source as specified in § 63.7083(g) and § 63.7112(b) on and after the relevant compliance date for your source as specified in 

§ 63.7083(g); If there is a separate lime cooler exhaust to 

the atmosphere, you must conduct the Method 5 or 5D test 

of the separate cooler exhaust concurrently with the kiln exhaust test. Refer to item 5 of this table for sampling time and 

volume requirements. 

7. Each lime kiln ........................ Determine the mass rate of 

stone feed to the kiln during 

the kiln performance test.

Any suitable device .................. Calibrate and maintain the device according to manufacturer’s 

instructions; the measuring device used must be accurate to 

within ±5 percent of the mass rate of stone feed over its operating range. 

8. Each lime kiln equipped with 

a wet scrubber.

Establish the operating limit for 

the average gas stream 

pressure drop across the wet 

scrubber during the PM and 

HCl performance test(s).

Data for the gas stream pressure drop measurement device during the kiln performance test.The continuous pressure drop measurement device must be 

accurate within plus or minus 1 percent; you must collect the 

pressure drop data during the period of the performance test 

and determine the operating limit according to § 63.7112(j). 

9. Each lime kiln equipped with 

a wet scrubber.

Establish the operating limit for 

the average liquid flow rate 

to the scrubber during the 

PM and HCl performance 

test(s).

Data from the liquid flow rate 

measurement device during 

the kiln performance test.

The continuous scrubbing liquid flow rate measuring device 

must be accurate within plus or minus 1 percent; you must 

collect the flow rate data during the period of the performance test and determine the operating limit according to 

§ 63.7112(j). 

10. Each lime kiln equipped with 

a FF or ESP that is monitored 

with a PM detector.

Have installed and have operating the BLDS or PM detector prior to the PM performance test.Standard operating procedures 

incorporated into the OM&M 

plan.

According to the requirements in § 63.7113(d) or (e), respectively. 

11. Each lime kiln equipped with 

a FF or ESP that is monitored 

with a COMS.

Have installed and have operating the COMS prior to the 

performance test.

Standard operating procedures 

incorporated into the OM&M 

plan and as required by 40 

CFR part 63, subpart A, 

General Provisions and according to PS–1 of appendix 

B to part 60 of this chapter, 

except as specified in 

§ 63.7113(g)(2).

According to the requirements in § 63.7113(g). 

12. Each stack emission from a 

PSH operation, vent from a 

building enclosing a PSH operation, or set of multiple storage bins with combined stack 

emissions, which is subject to 

a PM emission limit.

Measure PM emissions ............ Method 5 or Method 17 in appendix A to part 60 of this 

chapter.

The sample volume must be at least 1.70 dscm (60 dscf); for 

Method 5, if the gas stream being sampled is at ambient 

temperature, the sampling probe and filter may be operated 

without heaters; and if the gas stream is above ambient temperature, the sampling probe and filter may be operated at a 

temperature high enough, but no higher than 121 °C (250 

°F), to prevent water condensation on the filter (Method 17 

may be used only with exhaust gas temperatures of not 

more than 250 °F). 

13. Each stack emission from a 

PSH operation, vent from a 

building enclosing a PSH operation, or set of multiple storage bins with combined stack 

emissions, which is subject to 

an opacity limit.

Conduct opacity observations .. Method 9 in appendix A to part 

60 of this chapter.

The test duration must be for at least 3 hours and you must 

obtain at least thirty, 6-minute averages. 

14. Each stack emissions 

source from a PSH operation 

subject to a PM or opacity 

limit, which uses a wet scrubber.

Establish the average gas 

stream pressure drop across 

the wet scrubber during the 

PM and HCl performance 

test(s).

Data for the gas stream pressure drop measurement device during the PSH operation stack performance test.The pressure drop measurement device must be accurate 

within plus or minus 1 percent; you must collect the pressure 

drop data during the period of the performance test and determine the operating limit according to § 63.7112(j). 

15. Each stack emissions 

source from a PSH operation 

subject to a PM or opacity 

limit, which uses a wet scrubber.

Establish the operating limit for 

the average liquid flow rate 

to the scrubber during the 

PM and HCl performance 

test(s).

Data from the liquid flow rate 

measurement device during 

the PSH operation stack performance test.

The continuous scrubbing liquid flow rate measuring device 

must be accurate within plus or minus 1 percent; you must 

collect the flow rate data during the period of the performance test and determine the operating limit according to 

§ 63.7112(j). 

16. Each FF that controls emissions from only an individual, 

enclosed, new or existing 

storage bin.

Conduct opacity observations .. Method 9 in appendix A to part 

60 of this chapter.

The test duration must be for at least 1 hour and you must obtain ten 6-minute averages. 

17. Fugitive emissions from any 

PSH operation subject to an 

opacity limit.

Conduct opacity observations .. Method 9 in appendix A to part 

60 of this chapter.

The test duration must be for at least 3 hours, but the 3-hour 

test may be reduced to 1 hour if, during the first 1-hour period, there are no individual readings greater than 10 percent 

opacity and there are no more than three readings of 10 

percent during the first 1-hour period. 

18. Each building enclosing any 

PSH operation, that is subject 

to a VE limit.

Conduct VE check ................... The specifications in 

§ 63.7112(k).

The performance test must be conducted while all affected 

PSH operations within the building are operating; the performance test for each affected building must be at least 75 

minutes, with each side of the building and roof being observed for at least 15 minutes. 


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TABLE 5 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR PERFORMANCE TESTS—Continued 

[As required in § 63.7112, you must conduct each performance test in the following table that applies to you.] 

For . . . You must . . . Using . . . According to the following requirements . . . 

19. Each lime kiln ...................... Measure hydrogen chloride ..... Method 320 or 321 of appendix 

A of this part or ASTM 6348– 

12e1 (Note 1).

The test duration must be at least one hour. HCl must be used 

for the analyte spiking. For a positive pressure FF or ESP, 

determine the number of sampling points per the stratification check procedures of section 8.1.2 of Method 7E using 

the sample points determined using the procedures of Section 8 of EPA Method 5D. 

20. Each lime kiln ...................... Measure mercury ..................... Method 29 or 30B Appendix A 

to part 60 of this chapter or 

ASTM D6784–16.

For Method 29 and ASTM D6784–16 the test duration must be 

at least two hours and the sample volume must be at least 

1.70 dscm (60 dscf). For Method 30B, the test duration must 

be at least one hour and the sample volume at least 100 liters. For a positive pressure FF or ESP, use the procedures 

of Section 8 of EPA Method 5D for sampling points. 

21. Each lime kiln ...................... Measure total organic HAP2 .... Method 18 and/or 320 in appendix A to part 60 of this 

chapter and/or ASTM 

D6348–12e1 1.

The test duration must be at least 1 hour. For EPA Method 

320 and ASTM D6348–12e1, for a positive pressure FF or 

ESP, determine the number of sampling points per the stratification check procedures of section 8.1.2 of Method 7E 

using the sample points determined using the procedures of 

Section 8 of EPA Method 5D. 

22. Each lime kiln ...................... Measure dioxins/furans ............ Method 23 in Appendix A to 

part 60 of this chapter.

The test duration must be at least 3 hours and the must be at 

least 3 dscm (106 dscf). For a positive pressure FF or ESP, 

use the procedures of Section 8 of EPA Method 5D for sampling points. When calculating TEQ, zero may be used for 

congeners that are below the EDL. 

23. Each lime kiln equipped with 

dry sorbent injection.

Establish the operating limit for 

the dry sorbent flow rate during the HCl performance test.

Data for the dry sorbent flow 

rate device during the HCl 

performance test.

The flow monitor must meet the criteria in § 63.7113(h); you 

must collect the dry sorbent flow rate data during the period 

of the HCl performance test and determine the operating 

limit according to § 63.7112(j). 

24. Each lime kiln equipped with 

a thermal oxidizer.

Establish the operating limit for 

the combustion chamber 

temperature during the total 

organic HAP and D/F performance test(s).

Data for the temperature device during the total organic 

HAP and dioxin/furan performance test(s).

The temperature device must meet the criteria in § 63.7113(i); 

you must collect the temperature data during the period of 

the total organic HAP and D/F performance test(s) and determine the operating limit according to § 63.7112(j). 

25. Each lime kiln equipped with 

activated carbon injection.

Establish the operating limit for 

the combustion chamber 

temperature during the total 

organic HAP, D/F, and mercury performance test(s).

Data for the activated carbon 

flow rate device during the 

total organic HAP, dioxin/ 

furan, and mercury performance test(s).

The flow monitor must meet the criteria in § 63.7113(h); you 

must collect the activated carbon flow rate data during the 

period of the total organic HAP, D/F, and mercury performance test(s)and determine the operating limit according to 

§ 63.7112(j). 

1 When using ASTM D6348–12e1 (1) the test plan preparation and implementation in the Annexes to ASTM D6348–12e1, sections A1 through A8 are mandatory, 

(2) In ASTM D6348–12e1 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (Equation A5.5). In order for the test 

data to be acceptable for a compound, %R must be 70% ≥ R ≤ 130%. If the %R value does not meet this criterion for a target compound, the test data is not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R 

value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound according to: Reported Results = ((Measured Concentration in Stack))/(%R) × 100. 2 Total Organic HAP is the sum of the concentrations of compounds of formaldehyde, acetaldehyde, toluene, benzene, m-xylene, p-xylene, o-xylene, styrene, ethyl 

benzene, and naphthalene. 

TABLE 6 TO SUBPART AAAAA OF PART 63—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS

[As required in § 63.7121, you must demonstrate continuous compliance with each operating limit listed in table 3 to subpart AAAAA that applies 

to you, according to the following table.] 

For . . . For the following operating limit . . . You must demonstrate continuous compliance by . . . 

1. Each lime kiln controlled by a 

wet scrubber.

Maintain the 3-hour block average exhaust 

gas stream pressure drop across the wet 

scrubber greater than or equal to the pressure drop operating limit established during 

the performance test; and maintain the 3- 

hour block average scrubbing liquid flow 

rate greater than or equal to the flow rate 

operating limit established during the performance test.

Collecting the wet scrubber operating data according to all 

applicable requirements in § 63.7113 and reducing the data 

according to § 63.7113(a); maintaining the 3-hour block average exhaust gas stream pressure drop across the wet 

scrubber greater than or equal to the pressure drop operating limit established during the performance test; and 

maintaining the 3-hour block average scrubbing liquid flow 

rate greater than or equal to the flow rate operating limit 

established during the performance test (the continuous 

scrubbing liquid flow rate measuring device must be accurate within ±1% and the continuous pressure drop measurement device must be accurate within ±1%). 


ddrumheller on DSK120RN23PROD with RULES1
96114 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 

TABLE 6 TO SUBPART AAAAA OF PART 63—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—Continued 

[As required in § 63.7121, you must demonstrate continuous compliance with each operating limit listed in table 3 to subpart AAAAA that applies 

to you, according to the following table.] 

For . . . For the following operating limit . . . You must demonstrate continuous compliance by . . . 

2. Each lime kiln or lime cooler 

equipped with a FF and using 

a BLDS, and each lime kiln 

equipped with an ESP or FF 

using a PM detector.

a. Maintain and operate the FF or ESP such 

that the bag leak or PM detector alarm, is 

not activated and alarm condition does not 

exist for more than 5 percent of the total 

operating time in each 6-month period.

(i) Operating the FF or ESP so that the alarm on the bag leak 

or PM detection system is not activated and an alarm condition does not exist for more than 5 percent of the total 

operating time in each 6-month reporting period; and continuously recording the output from the BLD or PM detection system; and 

(ii) Each time the alarm sounds and the owner or operator initiates corrective actions within 1 hour of the alarm, 1 hour 

of alarm time will be counted (if the owner or operator 

takes longer than 1 hour to initiate corrective actions, alarm 

time will be counted as the actual amount of time taken by 

the owner or operator to initiate corrective actions); if inspection of the FF or ESP system demonstrates that no 

corrective actions are necessary, no alarm time will be 

counted. 

3. Each stack emissions source 

from a PSH operation subject 

to an opacity limit, which is 

controlled by a wet scrubber.

Maintain the 3-hour block average exhaust 

gas stream pressure drop across the wet 

scrubber greater than or equal to the pressure drop operating limit established during 

the performance test; and maintain the 3- 

hour block average scrubbing liquid flow 

rate greater than or equal to the flow rate 

operating limit established during the performance test.

Collecting the wet scrubber operating data according to all 

applicable requirements in § 63.7113 and reducing the data 

according to § 63.7113(a); maintaining the 3-hour block average exhaust gas stream pressure drop across the wet 

scrubber greater than or equal to the pressure drop operating limit established during the performance test; and 

maintaining the 3-hour block average scrubbing liquid flow 

rate greater than or equal to the flow rate operating limit 

established during the performance test (the continuous 

scrubbing liquid flow rate measuring device must be accurate within ±1% and the continuous pressure drop measurement device must be accurate within ±1%). 

4. For each lime kiln or lime 

cooler equipped with a FF or 

an ESP that uses a COMS 

as the monitoring device.

a. Maintain and operate the FF or ESP such 

that the average opacity for any 6-minute 

block period does not exceed 15 percent.

i. Installing, maintaining, calibrating and operating a COMS as 

required by 40 CFR part 63, subpart A, General Provisions 

and according to PS–1 of appendix B to part 60 of this 

chapter, except as specified in § 63.7113(g)(2); and 

ii. Collecting the COMS data at a frequency of at least once 

every 15 seconds, determining block averages for each 6- 

minute period and demonstrating for each 6-minute block 

period the average opacity does not exceed 15 percent. 

5. Each lime kiln equipped with 

dry sorbent injection.

Maintain the 3-hour block dry sorbent and/or 

activated carbon flow rate greater than or 

equal to the injection flow rate operating 

limit established during the most recent performance test..

Collecting the dry sorbent and/or activated carbon injection 

operating data according to all applicable requirements in 

§ 63.7113 and reducing the data according to § 63.7113(a); 

maintaining the 3-hour block average injection flow rate 

greater than or equal to the injection flow rate operating 

limit established during the performance test 

6. Each lime kiln equipped with 

a thermal oxidizer.

Maintain the 3-hour block average combustion 

chamber temperature greater or equal to 

the combustion chamber operating limit established in the most recent performance 

test.

Collecting the thermal oxidizer operating data according to all 

applicable requirements in § 63.7113 and reducing the data 

according to § 63.7113(a); maintaining the 3-hour block average combustion chamber temperature greater than or 

equal to the combustion chamber operating limit established during the performance test. 

13. Revise table 8 to subpart AAAAA 

to read as follows: 

TABLE 8 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR REPORTS

[As required in § 63.7131, you must submit each report in this table that applies to you.] 

You must submit a . . . The report must contain . . . You must submit the report . . . 

1. Compliance report .......................................... a. If there are no deviations from any emission limitations (emission limit, operating 

limit, opacity limit, and VE limit) that applies 

to you, a statement that there were no deviations from the emission limitations during 

the reporting period;.

Semiannually according to the requirements 

in § 63.7131(b). 


ddrumheller on DSK120RN23PROD with RULES1
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TABLE 8 TO SUBPART AAAAA OF PART 63—REQUIREMENTS FOR REPORTS—Continued 

[As required in § 63.7131, you must submit each report in this table that applies to you.] 

You must submit a . . . The report must contain . . . You must submit the report . . . 

b. If there were no periods during which the 

CMS, including any operating parameter 

monitoring system, was out-of-control as 

specified in § 63.8(c)(7), a statement that 

there were no periods during which the 

CMS was out-of-control during the reporting 

period;.

Semiannually according to the requirements 

in § 63.7131(b). 

c. If you have a deviation from any emission 

limitation (emission limit, operating limit, 

opacity limit, and VE limit) during the reporting period, the report must contain the information in § 63.7131(d);.

Semiannually according to the requirements 

in § 63.7131(b). 

d. If there were periods during which the 

CMS, including any operating parameter 

monitoring system, was out-of-control, as 

specified in § 63.8(c)(7), the report must 

contain the information in § 63.7131(e); and.

Semiannually according to the requirements 

in § 63.7131(b). 

e. Before the relevant compliance date for 

your source as specified in § 63.7083(g), if 

you had a startup, shutdown or malfunction 

during the reporting period and you took actions consistent with your SSMP, the compliance report must include the information 

in § 63.10(d)(5)(i). On and after the relevant 

compliance date for your source as specified in § 63.7083(g), if you had a startup, 

shutdown or malfunction during the reporting period and you failed to meet an applicable standard, the compliance report must 

include the information in § 63.7131(c)(3)..

Semiannually according to the requirements 

in § 63.7131(b). 

2. Before the relevant compliance date for your 

source as specified in § 63.7083(g), an immediate startup, shutdown, and malfunction report if you had a startup, shutdown, or malfunction during the reporting period that is not 

consistent with your SSMP.

Actions taken for the event .............................. By fax or telephone within 2 working days 

after starting actions inconsistent with the 

SSMP. 

3. Before the relevant compliance date for your 

source as specified in § 63.7083(g), an immediate startup, shutdown, and malfunction report if you had a startup, shutdown, or malfunction during the reporting period that is not 

consistent with your SSMP.

The information in § 63.10(d)(5)(ii) .................. By letter within 7 working days after the end 

of the event unless you have made alternative arrangements with the permitting authority. See § 63.10(d)(5)(ii). 

4. Performance Test Report ............................... The information required in § 63.7(g) and 

§ 63.7112(h).

According to the requirements of § 63.7131. 

■ 14. Revise table 10 to subpart AAAAA 

to read as follows: 

TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA 

[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.] 

Citation Summary of requirement Am I subject to this requirement? Explanations 

§ 63.1(a)(1)–(4) .............................. Applicability ................................... Yes ................................................

§ 63.1(a)(5) ..................................... No .................................................

§ 63.1(a)(6) ..................................... Applicability ................................... Yes ................................................

§ 63.1(a)(7)–(a)(9) .......................... No .................................................

§ 63.1(a)(10)–(a)(14) ...................... Applicability ................................... Yes ................................................

§ 63.1(b)(1) ..................................... Initial Applicability Determination .. Yes ................................................ §§ 63.7081 and 63.7142 specify 

additional applicability determination requirements. 

§ 63.1(b)(2) ..................................... No .................................................

§ 63.1(b)(3) ..................................... Initial Applicability Determination .. Yes ................................................

§ 63.1(c)(1) ..................................... Applicability After Standard Established.Yes ................................................


ddrumheller on DSK120RN23PROD with RULES1
96116 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 

TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued 

[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.] 

Citation Summary of requirement Am I subject to this requirement? Explanations 

§ 63.1(c)(2) ..................................... Permit Requirements .................... No ................................................. Area sources not subject to subpart AAAAA, except all sources 

must make initial applicability 

determination. 

§ 63.1(c)(3)–(4) .............................. No .................................................

§ 63.1(c)(5) ..................................... Area Source Becomes Major ....... Yes ................................................

§ 63.1(c)(6) ..................................... Reclassification ............................. Yes ................................................

§ 63.1(d) ......................................... No .................................................

§ 63.1(e) ......................................... Applicability of Permit Program .... Yes ................................................

§ 63.2 ............................................. Definitions ..................................... Yes ................................................ Additional definitions in § 63.7143. 

§ 63.3(a)–(c) ................................... Units and Abbreviations ............... Yes ................................................

§ 63.4(a)(1)–(a)(2) .......................... Prohibited Activities ...................... Yes ................................................

§ 63.4(a)(3)–(a)(5) .......................... No .................................................

§ 63.4(b)–(c) ................................... Circumvention, Severability .......... Yes ................................................

§ 63.5(a)(1)–(2) .............................. Construction/Reconstruction ......... Yes ................................................

§ 63.5(b)(1) ..................................... Compliance Dates ........................ Yes ................................................

§ 63.5(b)(2) ..................................... No .................................................

§ 63.5(b)(3)–(4) .............................. Construction Approval, Applicability.Yes ................................................

§ 63.5(b)(5) ..................................... No .................................................

§ 63.5(b)(6) ..................................... Applicability ................................... Yes ................................................

§ 63.5(c) ......................................... No .................................................

§ 63.5(d)(1)–(4) .............................. Approval of Construction/Reconstruction.Yes ................................................

§ 63.5(e) ......................................... Approval of Construction/Reconstruction.Yes ................................................

§ 63.5(f)(1)–(2) ............................... Approval of Construction/Reconstruction.Yes ................................................

§ 63.6(a) ......................................... Compliance for Standards and 

Maintenance.

Yes ................................................

§ 63.6(b)(1)–(5) .............................. Compliance Dates ........................ Yes ................................................

§ 63.6(b)(6) ..................................... No .................................................

§ 63.6(b)(7) ..................................... Compliance Dates ........................ Yes ................................................

§ 63.6(c)(1)–(2) .............................. Compliance Dates ........................ Yes ................................................

§ 63.6(c)(3)–(c)(4) .......................... No .................................................

§ 63.6(c)(5) ..................................... Compliance Dates ........................ Yes ................................................

§ 63.6(d) ......................................... No .................................................

§ 63.6(e)(1)(i) ................................. General Duty to Minimize Emissions.Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

On and after the relevant compliance date for your source as 

specified in § 63.7083(g), see 

§ 63.7100 for general duty requirement. 

§ 63.6(e)(1)(ii) ................................. Requirement to Correct Malfunctions ASAP.Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

§ 63.6(e)(1)(iii) ................................ Operation and Maintenance Requirements.Yes ................................................

§ 63.6(e)(2) ..................................... No ................................................. [Reserved] 

§ 63.6(e)(3) ..................................... Startup, Shutdown Malfunction 

Plan.

Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(e).

On and after the relevant compliance date for your source as 

specified in § 63.7083(g), the 

OM&M plan must address periods of startup and shutdown. 

See § 63.7100(d). 

§ 63.6(f)(1) ...................................... SSM exemption ............................ No ................................................. See § 63.7100. For periods of 

startup and shutdown, see 

§ 63.7090(c). 

§ 63.6(f)(2)–(3) ............................... Methods for Determining Compliance.Yes ................................................

§ 63.6(g)(1)–(g)(3) .......................... Alternative Standard ..................... Yes ................................................

§ 63.6(h)(1) ..................................... SSM exemption ............................ No ................................................. See § 63.7100. For periods of 

startup and shutdown, see 

§ 63.7090(c). 

§ 63.6(h)(2) ..................................... Methods for Determining Compliance.Yes ................................................

§ 63.6(h)(3) ..................................... No .................................................


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96117 

TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued 

[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.] 

Citation Summary of requirement Am I subject to this requirement? Explanations 

§ 63.6(h)(4)–(h)(5)(i) ....................... Opacity/VE Standards .................. Yes ................................................ This requirement only applies to 

opacity and VE performance 

checks required in table 5 to 

subpart AAAAA. 

§ 63.6(h)(5) (ii)–(iii) ......................... Opacity/VE Standards .................. No ................................................. Test durations are specified in 

subpart AAAAA; subpart 

AAAAA takes precedence. 

§ 63.6(h)(5)(iv) ................................ Opacity/VE Standards .................. No .................................................

§ 63.6(h)(5)(v) ................................ Opacity/VE Standards .................. Yes ................................................

§ 63.6(h)(6) ..................................... Opacity/VE Standards .................. Yes ................................................

§ 63.6(h)(7) ..................................... COM Use ...................................... Yes ................................................

§ 63.6(h)(8) ..................................... Compliance with Opacity and VE Yes ................................................

§ 63.6(h)(9) ..................................... Adjustment of Opacity Limit ......... Yes ................................................

§ 63.6(i)(1)–(i)(14) .......................... Extension of Compliance .............. Yes ................................................

§ 63.6(i)(15) .................................... No .................................................

§ 63.6(i)(16) .................................... Extension of Compliance .............. Yes ................................................

§ 63.6(j) .......................................... Exemption from Compliance ........ Yes ................................................

§ 63.7(a)(1)–(a)(3) .......................... Performance Testing Requirements.Yes ................................................ § 63.7110 specifies deadlines; 

§ 63.7112 has additional specific requirements. 

§ 63.7(b) ......................................... Notification .................................... Yes ................................................

§ 63.7(c) ......................................... Quality Assurance/Test Plan ........ Yes ................................................

§ 63.7(d) ......................................... Testing Facilities ........................... Yes ................................................

§ 63.7(e)(1) ..................................... Conduct of Tests .......................... Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

On and after the relevant compliance date for your source as 

specified in § 63.7083(g), see 

§ 63.7112(b). 

§ 63.7(e)(2)–(4) .............................. Conduct of Tests .......................... Yes ................................................

§ 63.7(f) .......................................... Alternative Test Method ............... Yes ................................................

§ 63.7(g) ......................................... Data Analysis ................................ Yes ................................................

§ 63.7(h) ......................................... Waiver of Tests ............................ Yes ................................................

§ 63.8(a)(1) ..................................... Monitoring Requirements ............. Yes ................................................ See § 63.7113. 

§ 63.8(a)(2) ..................................... Monitoring ..................................... Yes ................................................

§ 63.8(a)(3) ..................................... No .................................................

§ 63.8(a)(4) ..................................... Monitoring ..................................... No ................................................. Flares not applicable. 

§ 63.8(b)(1)–(3) .............................. Conduct of Monitoring .................. Yes ................................................

§ 63.8(c)(1)(i) .................................. CMS Operation/Maintenance ....... Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(e).

On and after the relevant compliance date for your source as 

specified in § 63.7083(g), see 

§ 63.7100 for OM&M requirements. 

§ 63.8(c)(1)(ii) ................................. CMS Spare Parts ......................... Yes ................................................

§ 63.8(c)(1)(iii) ................................ Requirement to Develop SSM 

Plan for CMS.

Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

On and after the relevant compliance date for your source as 

specified in § 63.7083(g), no 

longer required. 

§ 63.8(c)(2)–(3) .............................. CMS Operation/Maintenance ....... Yes ................................................

§ 63.8(c)(4) ..................................... CMS Requirements ...................... No ................................................. See § 63.7121. 

§ 63.8(c)(4)(i)–(ii) ............................ Cycle Time for COM and CEMS .. Yes ................................................ No CEMS are required under 

subpart AAAAA; see § 63.7113 

for CPMS requirements. 

§ 63.8(c)(5) ..................................... Minimum COM procedures .......... Yes ................................................ COM not required. 

§ 63.8(c)(6) ..................................... CMS Requirements ...................... No ................................................. See § 63.7113. 

§ 63.8(c)(7)–(8) .............................. CMS Requirements ...................... Yes ................................................

§ 63.8(d)(1)–(2) .............................. Quality Control .............................. Yes ................................................ See also § 63.7113. 

§ 63.8(d)(3) ..................................... Quality Control .............................. Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

§ 63.8(e) ......................................... Performance Evaluation for CMS Yes ................................................ See also § 63.7113 

§ 63.8(f)(1)–(f)(5) ............................ Alternative Monitoring Method ...... Yes ................................................

§ 63.8(f)(6) ...................................... Alternative to Relative Accuracy 

Test for CEMS.

No ................................................. No CEMS required in subpart 

AAAAA. 


ddrumheller on DSK120RN23PROD with RULES1
96118 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 

TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued 

[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.] 

Citation Summary of requirement Am I subject to this requirement? Explanations 

§ 63.8(g)(1)–(g)(5) .......................... Data Reduction; Data That Cannot Be Used.No ................................................. See data reduction requirements 

in §§ 63.7120 and 63.7121. 

§ 63.9(a) ......................................... Notification Requirements ............ Yes ................................................ See § 63.7130. 

§ 63.9(b) ......................................... Initial Notifications ......................... Yes ................................................

§ 63.9(c) ......................................... Request for Compliance Extension.Yes ................................................

§ 63.9(d) ......................................... New Source Notification for Special Compliance Requirements.Yes ................................................

§ 63.9(e) ......................................... Notification of Performance Test .. Yes ................................................

§ 63.9(f) .......................................... Notification of VE/Opacity Test .... Yes ................................................ This requirement only applies to 

opacity and VE performance 

tests required in table 5 to subpart AAAAA. Notification not required for VE/opacity test under 

table 7 to subpart AAAAA. 

§ 63.9(g) ......................................... Additional CMS Notifications ........ No ................................................. Not required for operating parameter monitoring. 

§ 63.9(h)(1)–(h)(3) .......................... Notification of Compliance Status Yes ................................................

§ 63.9(h)(4) ..................................... No .................................................

§ 63.9(h)(5)–(h)(6) .......................... Notification of Compliance Status Yes ................................................

§ 63.9(i) .......................................... Adjustment of Deadlines .............. Yes ................................................

§ 63.9(j) .......................................... Change in Previous Information ... Yes ................................................

§ 63.9(k) ......................................... Electronic reporting procedures ... Yes ................................................ Only as specified in § 63.9(j) 

§ 63.10(a) ....................................... Recordkeeping/Reporting General 

Requirements.

Yes ................................................ See §§ 63.7131 through 63.7133. 

§ 63.10(b)(1) ................................... Records ........................................ Yes ................................................

§ 63.10(b)(2)(i) ............................... Recordkeeping of Occurrence and 

Duration of Startups and Shutdowns.

Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

§ 63.10(b)(2)(ii) ............................... Recordkeeping of Failures to 

Meet a Standard.

Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

On and after the relevant compliance date for your source as 

specified in § 63.7083(g), see 

§ 63.7132 for recordkeeping of 

(1) date, time and duration; (2) 

listing of affected source or 

equipment, and an estimate of 

the quantity of each regulated 

pollutant emitted over the 

standard; and (3) actions to 

minimize emissions and correct 

the failure. 

§ 63.10(b)(2)(iii) .............................. Maintenance Records ................... Yes ................................................

§ 63.10(b)(2)(iv)–(v) ....................... Actions Taken to Minimize Emissions During SSM.Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(e).

On and after the relevant compliance date for your source as 

specified in § 63.7083(g), see 

§ 63.7100 for OM&M requirements. 

§ 63.10(b)(2)(vi)–(xii) ...................... Recordkeeping for CMS ............... Yes ................................................

§ 63.10(b)(2)(xiii) ............................ Records for Relative Accuracy 

Test.

No .................................................

§ 63.10(b)(2)(xiv) ............................ Records for Notification ................ Yes ................................................

§ 63.10(b)(3) ................................... Applicability Determinations ......... Yes ................................................

§ 63.10(c) ....................................... Additional CMS Recordkeeping ... No ................................................. See § 63.7132. 

§ 63.10(d)(1) ................................... General Reporting Requirements Yes ................................................

§ 63.10(d)(2) ................................... Performance Test Results ............ Yes ................................................

§ 63.10(d)(3) ................................... Opacity or VE Observations ......... Yes ................................................ For the periodic monitoring requirements in table 7 to subpart 

AAAAA, report according to 

§ 63.10(d)(3) only if VE observed and subsequent visual 

opacity test is required. 

§ 63.10(d)(4) ................................... Progress Reports .......................... Yes ................................................


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations 96119 

TABLE 10 TO SUBPART AAAAA OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART AAAAA—Continued 

[As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table.] 

Citation Summary of requirement Am I subject to this requirement? Explanations 

§ 63.10(d)(5)(i) ............................... Periodic Startup, Shutdown, Malfunction Reports.Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

On and after the relevant compliance date for your source as 

specified in § 63.7083(g), see 

§ 63.7131 for malfunction reporting requirements. 

§ 63.10(d)(5)(ii) ............................... Immediate Startup, Shutdown, 

Malfunction Reports.

Yes before the relevant compliance date for your source as 

specified in § 63.7083(g).

No on and after the relevant compliance date for your source as 

specified in § 63.7083(g).

§ 63.10(e) ....................................... Additional CMS Reports ............... No ................................................. See specific requirements in subpart AAAAA, see § 63.7131. 

§ 63.10(f) ........................................ Waiver for Recordkeeping/Reporting.Yes ................................................

§ 63.11(a)–(b) ................................. Control Device and Work Practice 

Requirements.

No ................................................. Flares not applicable. 

§ 63.12(a)–(c) ................................. State Authority and Delegations ... Yes ................................................

§ 63.13(a)–(c) ................................. State/Regional Addresses ............ Yes ................................................

§ 63.14(a)–(b) ................................. Incorporation by Reference .......... No .................................................

§ 63.15(a)–(b) ................................. Availability of Information and 

Confidentiality.

Yes ................................................

§ 63.16 ........................................... Performance Track Provisions ..... Yes ................................................

[FR Doc. 2024–27874 Filed 12–3–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 52i 

[Docket No. NIH–2022–0001] 

RIN 0925–AA70 

National Institute on Minority Health 

and Health Disparities Research 

Endowment Programs 

AGENCY: National Institutes of Health, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Department of Health and 

Human Services (HHS or Department), 

through the National Institutes of Health 

(NIH), is amending the regulation 

governing the National Institute on 

Minority Health and Health Disparities 

(NIMHD) Research Endowment 

Programs (REP) to update the heading of 

the regulation to reflect the new name 

of the program, the eligibility 

requirements for the program to indicate 

the new expanded eligibility for 

research endowment awards that is 

mandated by statute, the heading of one 

section of the regulation, and certain 

references to regulations and policies 

cited in the regulation that apply to 

program grant awards. 

DATES: This final rule is effective 

January 3, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Hernandez, NIH Regulations 

Officer, Office of Management 

Assessment, NIH, Rockledge 1, 6705 

Rockledge Drive, Suite 601, Room 601– 

T, Bethesda, MD 20817, MSC 7901, by 

email at dhernandez@mail.nih.gov, or 

by telephone at 301–435–3343 (not a 

toll-free number). For program 

information contact: Dr. Nathan Stinson, 

Director, Division of Community Health 

and Population Sciences, NIMHD, by 

email stinsonn@nih.gov, or telephone 

301–594–8704. Information concerning 

the requirements, application deadline 

dates, and an on-line application for 

NIMHD REP awards may be obtained 

from the NIMHD via https://

www.nimhd.nih.gov/programs/ 

extramural/research-endowment.html. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Mandate 

On March 18, 2022, the President 

signed into law the John Lewis NIMHD 

Research Endowment Revitalization Act 

of 2021, Public Law (Pub. L.) 117–104. 

Section 2 of this law amended section 

464z–3(h) of the Public Health Service 

(PHS) Act, as amended (42 U.S.C. 

285t(h)) by revising program eligibility 

requirements to include eligible current 

or former Health Resources and Services 

Administration (HRSA) centers of 

excellence under section 736 of the PHS 

Act and eligible current or former 

NIMHD centers of excellence under 

section 464z–4 of the PHS Act. 

The program was originally 

authorized under the Minority Health 

and Health Disparities Research and 

Education Act of 2000 (Pub. L. 106– 

525). The law provided annual funding 

for up to five years to the endowments 

of active eligible HRSA centers of 

excellence. In 2010, the Patient 

Protection and Affordable Care Act 

(Pub. L. 111–148) expanded eligibility 

to include active eligible NIMHD 

centers of excellence. Public Law 117– 

104, enacted in 2022, expanded the 

eligibility for NIMHD Research 

Endowment Program awards to eligible 

current or former HRSA and NIMHD 

centers of excellence. Endowment funds 

must be invested and maintained for at 

least 20 years after the award period 

ends. 

The objective of the program and its 

awards is to build research and training 

capacity and infrastructure at eligible 

HRSA or NIMHD centers of excellence 

to facilitate minority health and other 

health disparities research and to close 

the disparity gap in the burden of illness 

and death experienced by racial and 

ethnic minority Americans and other 

health disparity populations. Program 

activities may include strengthening the 

research infrastructure through the 

renovation of facilities, purchasing of 

state-of-the-art instruments and 

equipment, and enhancing information 

technology; enhancing the academic 

environment by recruiting faculty and 

creating relevant training courses 

focused on minority health and health 


ddrumheller on DSK120RN23PROD with RULES1