9166 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 

(iv) Invoicing Related Standards 

(Version 1.8, September 30, 2006); 

(v) Quadrant Electronic Delivery 

Mechanism Related Standards (Version 

1.8, September 30, 2006) with the 

exception of Standard 4.3.4; 

(vi) Capacity Release Related 

Standards (Version 1.8, September 30, 

2006 (with minor corrections applied 

December 13, 2006); and 

(vii) Internet Electronic Transport 

Related Standards (Version 1.8, 

September 30, 2006) with the exception 

of Standard 10.3.2. 

* * * * * 

(b) Business practices and electronic 

communication requirements. An 

interstate pipeline that transports gas 

under subparts B or G of this part must 

comply with the following 

requirements. The regulations in this 

paragraph adopt the abbreviations and 

definitions contained in the North 

American Energy Standards Board 

Wholesale Gas Quadrant standards 

incorporated by reference in paragraph 

(a)(1) of this section. 

* * * * * 

Note: The following text will not appear in 

the Code of Federal Regulations. 

United States of America 

Federal Energy Regulatory Commission 

Docket No. RM96–1–029. 

Standards for Business Practices for 

Interstate Natural Gas Pipelines 

(Issued February 24, 2009.) 

MOELLER, Commissioner, concurring: 

The American Gas Association (AGA), in 

its comments, contends that the NAESB 

process takes too long to complete. Because 

of that, AGA urges the Commission to review 

its procedures and relationship with NAESB 

with the goal of streamlining the process by 

which business practices standards are 

developed, approved and incorporated into 

the Commission’s regulations. In particular, 

AGA identifies delays that have occurred in 

NAESB’s technical implementation as well as 

in development and publication of standards. 

I recognize that some of the delay may be 

attributable to the Commission’s own 

processes and priorities; however, AGA has 

identified areas, such as technical 

development, in which NAESB can improve 

its procedures. I appreciate the Wholesale 

Gas Quadrant’s current efforts as referenced 

in the final rule (as well as the dedication of 

NAESB staff) to improve its procedures, and 

I urge NAESB and its volunteers to continue 

its work to find and identify areas in which 

its processes can become more efficient and 

timely. 

Philip D. Moeller, 

Commissioner. 

[FR Doc. E9–4295 Filed 3–2–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R04–OAR–2008–0681; FRL–8769–6] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

North Carolina 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule—consistency update. 

SUMMARY: EPA is finalizing the update 

of the Outer Continental Shelf (OCS) Air 

Regulations proposed in the Federal 

Register on November 5, 2008. 

Requirements applying to OCS sources 

located within 25 miles of states’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (COA), as mandated by the 

Clean Air Act (‘‘CAA’’ or ‘‘the Act’’). 

The portion of the OCS air regulations 

that is being updated pertains to the 

requirements for OCS sources for which 

the State of North Carolina has been 

designated COA. The effect of approving 

the OCS requirements for the State of 

North Carolina is to regulate emissions 

from OCS sources in accordance with 

the requirements onshore. The change 

to the existing requirements discussed 

below will be incorporated by reference 

into the Code of Federal Regulations 

(CFR) and is listed in the appendix to 

the OCS air regulations. This action is 

an annual update of the North 

Carolina’s OCS Air Regulations. These 

rules include revisions to existing rules 

that already apply to OCS sources. No 

comments were received on the 

November 5, 2008, proposal. 

DATES: Effective Date: This rule is 

effective on April 2, 2009. The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of April 2, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R04–OAR–2008–0681 for 

this action. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Permits Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can also be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. The following outline is provided 

to aid in locating information in this 

preamble. 

I. Background and Purpose 

II. EPA Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On November 5, 2008, EPA 

promulgated 40 CFR part 55, which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the Act. Part 55 applies to all 

OCS sources offshore of the states 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the Act requires that for 

such sources located within 25 miles of 

a state’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the COA. Because the OCS 

requirements are based on onshore 

requirements, and onshore requirements 

may change, section 328(a)(1) of the Act 

requires that EPA update the OCS 

requirements as necessary to maintain 

consistency with onshore requirements. 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of states’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. This 

process is distinct from the State 

Implementation Plan (SIP) process and 


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Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 9167 

incorporation of a rule into part 55 as 

part of the OCS consistency update 

process does not ensure such a rule 

would be appropriate for inclusion into 

the SIP. EPA proposed approval of 

North Carolina’s rules for OCS 

consistency update on November 5, 

2008 (73 FR 65804), and received no 

comments. 

II. EPA Action 

In this document, EPA takes final 

action to incorporate the proposed 

changes into 40 CFR part 55. No 

changes were made to the proposed 

action. EPA is approving the proposed 

action under section 328(a)(1) of the 

Act. Section 328(a) of the Act requires 

that EPA establish requirements to 

control air pollution from OCS sources 

located within 25 miles of states’ 

seaward boundaries that are the same as 

onshore requirements. To comply with 

this statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to establish requirements to 

control air pollution from OCS sources 

located within 25 miles of States’ 

seaward boundaries that are the same as 

onshore air control requirements. To 

comply with this statutory mandate, 

EPA must incorporate applicable 

onshore rules into part 55 as they exist 

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

55.12. Thus, in promulgating OCS 

consistency updates, EPA’s role is to 

maintain consistency between OCS 

regulations and the regulations of 

onshore areas, provided that they meet 

the criteria of the CAA. Accordingly, 

this action simply updates the existing 

OCS requirements to make them 

consistent with requirements onshore, 

without the exercise of any policy 

discretion by EPA. For that reason, this 

action: 

(1) Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget (OMB) 

under Executive Order 12866 (58 FR 

51735, October 4, 1993); 

(2) Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

(3) Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

(4) Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

(5) Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

(6) Is not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

(7) Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

(8) Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. 

Under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., OMB has approved the 

information collection requirements 

contained in 40 CFR part 55 and, by 

extension, this update to the rules, and 

has assigned OMB control number 

2060–0249. Notice of OMB’s approval of 

EPA Information Collection Request 

(‘‘ICR’’) No. 1601.06 was published in 

the Federal Register on March 1, 2006 

(71 FR 10499–10500). The approval 

expires January 31, 2009. As EPA 

previously indicated (70 FR 65897– 

65898 (November 1, 2005)), the annual 

public reporting and recordkeeping 

burden for collection of information 

under 40 CFR part 55 is estimated to 

average 549 hours per response. Burden 

means the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9 and are 

identified on the form and/or 

instrument, if applicable. In addition, 

the table in 40 CFR part 9 of currently 

approved OMB control numbers for 

various regulations lists the regulatory 

citations for the information 

requirements contained in 40 CFR part 

55. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 4, 2009. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Continental Shelf, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 


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Dated: January 20, 2009. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ Accordingly, 40 CFR part 55 is 

amended as follows: 

PART 55—[AMENDED] 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Act (42 

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

Law 101–549. 

■ 2. Section 55.14 is amended by 

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

as follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(17) * * * 

(i) * * * 

(A) State of North Carolina Air 

Pollution Control Requirements 

Applicable to OCS Sources, January 2, 

2008. 

* * * * * 

■ 3. Appendix A to part 55 is amended 

by revising paragraph (a)(1) under the 

heading ‘‘North Carolina’’ to read as 

follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, By State 

* * * * * 

North Carolina 

(a) State requirements. 

(1) The following requirements are 

contained in State of North Carolina Air 

Pollution Control Requirements Applicable to 

OCS Sources, January 2, 2008: The following 

sections of subchapter 2D, 2H and 2Q. 

15A NCAC SUBCHAPTER 2D—AIR 

POLLUTION CONTROL REQUIREMENTS 

SECTION .0100—DEFINITIONS AND 

REFERENCES 

2D.0101 Definitions (Effective 12/01/2005) 

2D.0104 Incorporation by reference 

(Effective 07/01/1998) 

SECTION .0200—AIR POLLUTION 

SOURCES 

2D.0201 Classification of air pollution 

sources (Effective 07/01/1984) 

2D.0202 Registration of air pollution 

sources (Effective 07/01/1998) 

SECTION .0300—AIR POLLUTION 

EMERGENCIES 

2D.0301 Purpose (Effective 02/01/1976) 

2D.0302 Episode criteria (Effective 07/01/ 

1998) 

2D.0303 Emission reduction plans 

(Effective 07/01/1984) 

2D.0304 Preplanned abatement program 

(Effective 07/01/1998) 

2D.0305 Emission reduction plan: Alert 

Level (Effective 07/01/1984) 

2D.0306 Emission reduction plan: Warning 

Level (Effective 07/01/1984) 

2D.0307 Emission reduction plan: 

Emergency Level (Effective 07/01/1984) 

SECTION .0400—AMBIENT AIR QUALITY 

STANDARDS 

2D.0401 Purpose (Effective 12/01/1992) 

2D.0402 Sulfur oxides (Effective 07/01/ 

1984) 

2D.0403 Total suspended particulates 

(Effective 07/01/1988) 

2D.0404 Carbon monoxide (Effective 10/01/ 

1989) 

2D.0405 Ozone (Effective 04/01/1999) 

2D.0407 Nitrogen dioxide (Effective 10/01/ 

1989) 

2D.0408 Lead (Effective 07/01/1984) 

2D.0409 PM10 particulate matter (Effective 

04/01/1999) 

2D.0410 PM2.5 particulate matter (Effective 

04/01/1999) 

SECTION .0500—EMISSION CONTROL 

STANDARDS 

2D.0501 Compliance with emission control 

standards (Effective 06/01/2008) 

2D.0502 Purpose (Effective 06/01/1981) 

2D.0503 Particulates from fuel burning 

indirect heat exchangers (Effective 04/01/ 

1999) 

2D.0504 Particulates from wood burning 

indirect heat exchangers (Effective 08/01/ 

2002) 

2D.0506 Particulates from hot mix asphalt 

plants (Effective 08/01/2004) 

2D.0507 Particulates from chemical 

fertilizer manufacturing plants (Effective 

04/01/2003) 

2D.0508 Particulates from pulp and paper 

mills (Effective 07/10/1998) 

2D.0509 Particulates from MICA or 

FELDSPAR processing plants (Effective 04/ 

01/2003) 

2D.0510 Particulates from sand, gravel, or 

crushed stone operations (Effective 07/01/ 

1998) 

2D.0511 Particulates from lightweight 

aggregate processes (Effective 07/01/1998) 

2D.0512 Particulates from wood products 

finishing plants (Effective 01/01/1985) 

2D.0513 Particulates from portland cement 

plants (Effective 07/01/1998) 

2D.0514 Particulates from ferrous jobbing 

foundries (Effective 07/01/1998) 

2D.0515 Particulates from miscellaneous 

industrial processes (Effective 04/01/2003) 

2D.0516 Sulfur dioxide emissions from 

combustion sources (Effective 07/01/2007) 

2D.0517 Emissions from plants producing 

sulfuric acid (Effective 01/01/1985) 

2D.0519 Control of nitrogen dioxide and 

nitrogen oxides emissions (Effective 07/01/ 

2007) 

2D.0521 Control of visible emissions 

(Effective 07/01/2007) 

2D.0524 New Source Performance 

Standards (Effective 07/01/2007) 

2D.0527 Emissions from spodumene ore 

roasting (Effective 01/01/1985) 

2D.0528 Total reduced sulfur from kraft 

pulp mills (Effective 07/01/1988) 

2D.0529 Fluoride emissions from primary 

aluminum reduction plants (Effective 06/ 

01/2008) 

2D.0530 Prevention of significant 

deterioration (Effective 05/01/2008) 

2D.0531 Sources in nonattainment areas 

(Effective 05/01/2008) 

2D.0532 Sources contributing to an ambient 

violation (Effective (07/01/1994) 

2D.0533 Stack height (Effective 07/01/1994) 

2D.0534 Fluoride emissions from 

phosphate fertilizer industry (Effective 11/ 

01/1982) 

2D.0535 Excess emissions reporting and 

malfunctions (Effective 06/01/2008) 

2D.0536 Particulate emissions from electric 

utility boilers (Effective 06/10/2008) 

2D.0537 Control of mercury emissions 

(Effective 07/01/1996) 

2D.0538 Control of ethylene oxide 

emissions (Effective 06/01/2004) 

2D.0539 Odor control of feed ingredient 

manufacturing plants (Effective 04/01/ 

2001) 

2D.0540 Particulates from fugitive dust 

emission sources (Effective 08/01/2007) 

2D.0541 Control of emissions from abrasive 

blasting (Effective 07/01/2000) 

2D.0542 Control of particulate emissions 

from cotton ginning operations (Effective 

06/01/2008) 

2D.0543 Best Available Retrofit Technology 

(Effective 05/01/2007) 

SECTION .0600—MONITORING: 

RECORDKEEPING: REPORTING 

2D.0601 Purpose and scope (Effective 04/ 

01/1999) 

2D.0602 Definitions (Effective 04/01/1999) 

2D.0604 Exceptions to monitoring and 

reporting requirements (Effective 04/01/ 

1999) 

2D.0605 General recordkeeping and 

reporting requirements (Effective 01/01/ 

2007) 

2D.0606 Sources covered by appendix P of 

40 CFR part 51 (Effective 06/01/2008) 

2D.0607 Large wood and wood-fossil fuel 

combination units (Effective 07/01/1999) 

2D.0608 Other large coal or residual oil 

burners (Effective 06/01/2008) 

2D.0610 Federal monitoring requirements 

(Effective 04/01/1999) 

2D.0611 Monitoring emissions from other 

sources (Effective 04/01/1999) 

2D.0612 Alternative monitoring and 

reporting procedures (Effective 04/01/ 

1999) 

2D.0613 Quality assurance program 

(Effective 04/01/1999) 

2D.0614 Compliance assurance monitoring 

(Effective 04/01/1999) 

2D.0615 Delegation (Effective 04/01/1999) 

SECTION .0900—VOLATILE ORGANIC 

COMPOUNDS 

2D.0901 Definitions (Effective 06/01/2008) 

2D.0902 Applicability (Effective 07/01/ 

2007) 

2D.0903 Recordkeeping: reporting: 

monitoring (Effective 04/01/1999) 

2D.0906 Circumvention (Effective 01/01/ 

1985) 

2D.0909 Compliance schedules for sources 

in nonattainment areas (Effective 07/01/ 

2007) 

2D.0912 General provisions on test methods 

and procedures (Effective 06/01/2008) 

2D.0917 Automobile and light-duty truck 

manufacturing (Effective 07/01/1996) 

2D.0918 Can coating (Effective 07/01/1996) 


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2D.0919 Coil coating (Effective 07/01/1996) 

2D.0920 Paper coating (Effective 07/01/ 

1996) 

2D.0921 Fabric and vinyl coating (Effective 

07/01/1996) 

2D.0922 Metal furniture coating (Effective 

07/01/1996) 

2D.0923 Surface coating of large appliances 

(Effective 07/01/1996) 

2D.0924 Magnet wire coating (Effective 07/ 

01/1996) 

2D.0925 Petroleum liquid storage in fixed 

roof tanks (03/01/1991) 

2D.0926 Bulk gasoline plants (Effective 07/ 

01/1996) 

2D.0927 Bulk gasoline terminals (Effective 

01/01/2007) 

2D.0928 Gasoline service stations stage I 

(Effective 07/01/1996) 

2D.0930 Solvent metal cleaning (Effective 

03/01/1991) 

2D.0931 Cutback asphalt (Effective 12/01/ 

1989) 

2D.0932 Gasoline truck tanks and vapor 

collection systems (Effective 08/01/2008) 

2D.0933 Petroleum liquid storage in 

external floating roof tanks (Effective 06/ 

01/2004) 

2D.0934 Coating of miscellaneous metal 

parts and products (Effective 07/01/1996) 

2D.0935 Factory surface coating of flat 

wood paneling (Effective 07/01/1996) 

2D.0936 Graphic arts (Effective 12/01/1993) 

2D.0937 Manufacture of pneumatic rubber 

tires (Effective 07/01/1996) 

2D.0943 Synthetic organic chemical and 

polymer manufacturing (Effective 06/01/ 

2008) 

2D.0944 Manufacture of polyethylene: 

polypropylene and polystyrene (Effective 

05/01/1985) 

2D.0945 Petroleum dry cleaning (Effective 

06/01/2008) 

2D.0947 Manufacture of synthesized 

pharmaceutical products (Effective 07/01/ 

1994) 

2D.0948 VOC emissions from transfer 

operations (Effective 07/01/2000) 

2D.0949 Storage of miscellaneous volatile 

organic compounds (Effective 07/01/2000) 

2D.0951 Miscellaneous volatile organic 

compound emissions (Effective 07/01/ 

2000) 

2D.0952 Petition for alternative controls for 

RACT (Effective 04/01/2003) 

2D.0953 Vapor return piping for stage II 

vapor recovery (Effective 07/01/1998) 

2D.0954 Stage II vapor recovery (Effective 

04/01/2003) 

2D.0955 Thread bonding manufacturing 

(Effective 05/01/1995) 

2D.0956 Glass Christmas ornament 

manufacturing (Effective 05/01/1995) 

2D.0957 Commercial bakeries (Effective 05/ 

01/1995) 

2D.0958 Work practices for sources of 

volatile organic compounds (Effective 07/ 

01/2000) 

2D.0959 Petition for superior alternative 

controls (Effective 04/01/2003) 

2D.0960 Certification of leak tightness tester 

(Effective 07/01/2007) 

SECTION .1100—CONTROL OF TOXIC AIR 

POLLUTANTS 

2D.1101 Purpose (Effective 05/01/1990) 

2D.1102 Applicability (Effective 07/01/ 

1998) 

2D.1103 Definition (Effective 04/01/2001) 

2D.1104 Toxic air pollutant guidelines 

(Effective 06/01/2008) 

2D.1105 Facility reporting, recordkeeping 

(Effective 04/01/1999) 

2D.1106 Determination of ambient air 

concentration (Effective 07/01/1998) 

2D.1107 Multiple facilities (Effective 07/01/ 

1998) 

2D.1108 Multiple pollutants (Effective 05/ 

01/1990) 

2D.1109 112(j) case-by-case maximum 

achievable control technology (Effective 

02/01/2004) 

2D.1110 National Emission Standards for 

Hazardous Air Pollutants (Effective 06/01/ 

2008) 

2D.1111 Maximum Achievable Control 

Technology (Effective 01/01/2007) 

2D.1112 112(g) case by case maximum 

achievable control technology (Effective 

07/01/1998) 

SECTION .1200—CONTROL OF EMISSIONS 

FROM INCINERATORS 

2D.1201 Purpose and scope (Effective 07/ 

01/2007) 

2D.1202 Definitions (Effective 07/01/2007) 

2D.1203 Hazardous waste incinerators 

(Effective 06/01/2008) 

2D.1204 Sewage sludge and sludge 

incinerators (Effective 06/01/2008) 

2D.1205 Municipal waste combustors 

(Effective 04/01/2004) 

2D.1206 Hospital, medical, and infectious 

waste incinerators (Effective 06/01/2008) 

2D.1207 Conical incinerators (Effective 07/ 

01/2000) 

2D.1208 Other incinerators (Effective 08/ 

01/2008) 

2D.1210 Commercial and industrial solid 

waste incineration units (Effective 06/01/ 

2008) 

2D.1211 Other solid waste incineration 

units (Effective 07/01/2007) 

SECTION .1300—OXYGENATED 

GASOLINE STANDARD 

2D.1301 Purpose (Effective 09/01/1996) 

2D.1302 Applicability (Effective 09/01/ 

1996) 

2D.1303 Definitions (Effective 09/01/1992) 

2D.1304 Oxygen content standard (Effective 

09/01/1996) 

2D.1305 Measurement and enforcement 

(Effective 07/01/1998) 

SECTION .1400—NITROGEN OXIDES 

2D.1401 Definitions (Effective 07/18/2002) 

2D.1402 Applicability (Effective 06/01/ 

2008) 

2D.1403 Compliance schedules (Effective 

07/01/2007) 

2D.1404 Recordkeeping: Reporting: 

Monitoring: (Effective 12/01/2005) 

2D.1405 Circumvention (Effective 04/01/ 

1995) 

2D.1407 Boilers and indirect-fired process 

heaters (Effective 06/01/2008) 

2D.1408 Stationary combustion turbines 

(Effective 06/01/2008) 

2D.1409 Stationary internal combustion 

engines (Effective 06/01/2008) 

2D.1410 Emissions averaging (Effective 07/ 

18/2002) 

2D.1411 Seasonal fuel switching (Effective 

06/01/2008) 

2D.1412 Petition for alternative limitations 

(Effective 06/01/2008) 

2D.1413 Sources not otherwise listed in this 

section (Effective 07/18/2002) 

2D.1414 Tune-up requirements (Effective 

07/18/2002) 

2D.1415 Test methods and procedures 

(Effective 07/18/2002) 

2D.1416 Emission allocations for utility 

companies (Effective 06/01/2004) 

2D.1417 Emission allocations for large 

combustion sources (Effective 06/01/2004) 

2D.1418 New electric generating units, large 

boilers, and large I/C engines (Effective 06/ 

01/2004) 

2D.1419 Nitrogen oxide budget trading 

program (Effective 06/01/2004) 

2D.1420 Periodic review and reallocations 

(Effective 07/18/2002) 

2D.1421 Allocations for new growth of 

major point sources (Effective 07/18/2002) 

2D.1422 Compliance supplement pool 

credits (Effective 06/01/2004) 

2D.1423 Large internal combustion engines 

(Effective 07/18/2002) 

SECTION .1600—GENERAL CONFORMITY 

2D.1601 Purpose, scope and applicability 

(Effective 04/01/1999) 

2D.1602 Definitions (Effective 04/01/1995) 

2D.1603 General conformity determination 

(Effective 07/01/1998) 

SECTION .1900—OPEN BURNING 

2D.1901 Open burning: Purpose: Scope 

(Effective 07/01/2007) 

2D.1902 Definitions (Effective 07/01/2007) 

2D.1903 Open burning without an air 

quality permit (Effective 07/01/2007) 

2D.1904 Air curtain burners (Effective 07/ 

01/2007) 

2D.1905 Regional office locations (Effective 

12/01/2005) 

2D.1906 Delegation to county governments 

(Effective 12/01/2005) 

2D.1907 Multiple violations arising from a 

single episode (Effective 07/01/2007) 

SECTION .2000—TRANSPORTATION 

CONFORMITY 

2D.2001 Purpose, scope and applicability 

(Effective 12/01/2005) 

2D.2002 Definitions (Effective 04/01/1999) 

2D.2003 Transportation conformity 

determination (Effective 04/01/1999) 

2D.2004 Determining transportation-related 

emissions (Effective 04/01/1999) 

2D.2005 Memorandum of agreement 

(Effective 04/01/1999) 

SECTION .2100—RISK MANAGEMENT 

PROGRAM 

2D.2101 Applicability (Effective 07/01/ 

2000) 

2D.2102 Definitions (Effective 07/01/2000) 

2D.2103 Requirements (Effective 07/01/ 

2000) 

2D.2104 Implementation (Effective 07/01/ 

2000) 

SECTION .2200—SPECIAL ORDERS 

2D.2201 Purpose (Effective 04/01/2004) 

2D.2202 Definitions (Effective 04/01/2004) 

2D.2203 Public notice (Effective 04/01/ 

2004) 


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2D.2204 Final action on consent orders 

(Effective 04/01/2004) 

2D.2205 Notification of right to contest 

special orders issued without (Effective 04/ 

01/2004) 

SECTION .2300—BANKING EMISSION 

REDUCTION CREDITS 

2D.2301 Purpose (Effective 12/01/2005) 

2D.2302 Definitions (Effective 12/01/2005) 

2D.2303 Applicability and eligibility 

(Effective 07/01/2007) 

2D.2304 Qualification of emission 

reduction credits (Effective 12/01/2005) 

2D.2305 Creating and banking emission 

reduction credits (Effective 12/01/2005) 

2D.2306 Duration of emission reduction 

credits (Effective 12/01/2005) 

2D.2307 Use of emission reduction credits 

(Effective 12/01/2005) 

2D.2308 Certificates and registry (Effective 

12/01/2005) 

2D.2309 Transferring emission reduction 

credits (Effective 12/01/2005) 

2D.2310 Revocation and changes of 

emission reduction credits (Effective 12/ 

01/2005) 

2D.2311 Monitoring (Effective 12/01/2005) 

SECTION .2400—CLEAN AIR INTERSTATE 

RULES 

2D.2401 Purpose and applicability 

(Effective 05/01/2008) 

2D.2402 Definitions (Effective 05/01/2008) 

2D.2403 Nitrogen oxide emissions 

(Effective 05/01/2008) 

2D.2404 Sulfur dioxide (Effective 05/01/ 

2008) 

2D.2405 Nitrogen oxide emissions during 

ozone season (Effective 05/01/2008) 

2D.2406 Permitting (Effective 07/01/2006) 

2D.2407 Monitoring, reporting, and 

recordkeeping (Effective 05/01/2008) 

2D.2408 Trading program and banking 

(Effective 07/01/2006) 

2D.2409 Designated representative 

(Effective 05/01/2008) 

2D.2410 Computation of time (Effective 07/ 

01/2006) 

2D.2411 Opt-in provisions (Effective 07/01/ 

2006) 

2D.2412 New unit growth (Effective 05/01/ 

2008) 

2D.2413 Periodic review and reallocations 

(Effective 07/01/2006) 

SECTION .2500—MERCURY RULES FOR 

ELECTRIC GENERATORS 

2D.2501 Purpose and applicability 

(Effective 01/01/2007) 

2D.2502 Definitions (Effective 01/01/2007) 

2D.2503 Mercury emission (Effective 01/01/ 

2007) 

2D.2504 Permitting (Effective 01/01/2007) 

2D.2505 Monitoring, Reporting, and 

Recordkeeping (Effective 01/01/2007) 

2D.2506 Designated representative 

(Effective 01/01/2007) 

2D.2507 Computation of time time periods 

shall be determined as described in 40 CFR 

60.4107 (Effective 01/01/2007) 

2D.2508 New source growth (Effective 01/ 

01/2007) 

2D.2509 Periodic review and reallocations 

(Effective 01/01/2007) 

2D.2510 Trading program and banking 

(Effective 01/01/2007) 

2D.2511 Mercury emission limits (Effective 

01/01/2007) 

SECTION .2600—SOURCE TESTING 

2D.2601 Purpose and scope (Effective 06/ 

01/2008) 

2D.2602 General provisions on test methods 

and procedures (Effective 07/01/2008) 

2D.2603 Testing protocol (Effective 07/01/ 

2008) 

2D.2604 Number of test points (Effective 

06/01/2008) 

2D.2605 Velocity and volume flow rate 

(Effective 06/01/2008) 

2D.2606 Molecular weight (Effective 06/01/ 

2008) 

2D.2607 Determination of moisture content 

(Effective 06/01/2008) 

2D.2608 Number of runs and compliance 

determination (Effective 06/01/2008) 

2D.2609 Particulate testing methods 

(Effective 06/01/2008) 

2D.2610 Opacity (Effective 06/01/2008) 

2D.2611 Sulfur dioxide testing methods 

(Effective 06/01/2008) 

2D.2612 Nitrogen oxide testing methods 

(Effective 06/01/2008) 

2D.2613 Volatile organic compound testing 

methods (Effective 06/01/2008) 

2D.2614 Determination of voc emission 

control system efficiency (Effective 06/01/ 

2008) 

2D.2615 Determination of leak tightness 

and vapor leaks (Effective 06/01/2008) 

2D.2616 Fluorides (Effective 06/01/2008) 

2D.2617 Total reduced sulfur (Effective 06/ 

01/2008) 

2D.2618 Mercury (Effective 06/01/2008) 

2D.2619 Arsenic, beryllium, cadmium, 

hexavalent chromium (Effective 06/01/ 

2008) 

2D.2620 Dioxins and furans (Effective 06/ 

01/2008) 

2D.2621 Determination of fuel heat content 

using f-factor (Effective 06/01/2008) 

SUBCHAPTER 02Q—AIR QUALITY 

PERMITS PROCEDURES 

SECTION .0100—GENERAL PROVISIONS 

2Q.0101 Required air quality permits 

(Effective 12/01/2005) 

2Q.0102 Activities exempted from permit 

requirements (Effective 07/01/2007) 

2Q.0103 Definitions (Effective 12/01/2005) 

2Q.0104 Where to obtain and file permit 

applications (Effective 08/01/2002) 

2Q.0105 Copies of referenced documents 

(Effective 12/01/2005) 

2Q.0106 Incorporation by reference 

(Effective 07/01/1994) 

2Q.0107 Confidential information (Effective 

04/01/1999) 

2Q.0108 Delegation of authority (Effective 

07/01/1998) 

2Q.0109 Compliance schedule for 

previously exempted activities (Effective 

04/01/2001) 

2Q.0110 Retention of permit at permitted 

facility (Effective 07/01/1994) 

2Q.0111 Applicability determinations 

(Effective 07/01/1994) 

2Q.0112 Applications requiring 

professional engineer seal (Effective 02/01/ 

1995) 

2Q.0113 Notification in areas without 

zoning (Effective 04/01/2004) 

SECTION .0200—PERMIT FEES 

2Q.0201 Applicability (Effective 07/01/ 

1998) 

2Q.0202 Definitions (Effective 04/01/2004) 

2Q.0203 Permit and application fees 

(Effective 03/01/2008) 

2Q.0204 Inflation adjustment (Effective 03/ 

01/2008) 

2Q.0205 Other adjustments (Effective 07/ 

01/1994) 

2Q.0206 Payment of fees (Effective 07/01/ 

1994) 

2Q.0207 Annual emissions reporting 

(Effective 07/01/2007) 

SECTION .0300—CONSTRUCTION AND 

OPERATION PERMITS 

2Q.0301 Applicability (Effective 12/01/ 

2005) 

2Q.0302 Facilities not likely to contravene 

demonstration (Effective 07/01/1998) 

2Q.0303 Definitions (Effective 07/01/1994) 

2Q.0304 Applications (Effective 12/01/ 

2005) 

2Q.0305 Application submittal content 

(Effective 12/01/2005) 

2Q.0306 Permits requiring public 

participation (Effective 07/01/2007) 

2Q.0307 Public participation procedures 

(Effective 07/01/1998) 

2Q.0308 Final action on permit 

applications (Effective 07/01/1994) 

2Q.0309 Termination, modification and 

revocation of permits (Effective 07/01/ 

1999) 

2Q.0310 Permitting of numerous similar 

facilities (Effective 07/01/1994) 

2Q.0311 Permitting of facilities at multiple 

temporary sites (Effective 07/01/1996) 

2Q.0312 Application processing schedule 

(Effective 07/01/1998) 

2Q.0313 Expedited application processing 

schedule (Effective 07/01/1998) 

2Q.0314 General permit requirements 

(Effective 07/01/1999) 

2Q.0315 Synthetic minor facilities 

(Effective 07/01/1999) 

2Q.0316 Administrative permit 

amendments (Effective 04/01/2001) 

2Q.0317 Avoidance conditions (Effective 

04/01/2001) 

2Q.0401 Purpose and applicability 

(Effective 04/01/2001) 

2Q.0402 Acid rain permitting procedures 

(Effective 04/01/1999) 

SECTION .0500—TITLE V PROCEDURES 

2Q.0501 Purpose of section and 

requirement for a permit (Effective 07/01/ 

1998) 

2Q.0502 Applicability (Effective 07/01/ 

2000) 

2Q.0503 Definitions (Effective 01/01/2007) 

2Q.0504 Option for obtaining construction 

and operation permit (Effective 07/01/ 

1994) 

2Q.0505 Application submittal content 

(Effective 04/01/2004) 

2Q.0507 Application (Effective 04/01/2004) 

2Q.0508 Permit content (Effective 08/01/ 

2008) 

2Q.0509 Permitting of numerous similar 

facilities (Effective 07/01/1994) 

2Q.0510 Permitting of facilities at multiple 

temporary sites (Effective 07/01/1994) 

2Q.0512 Permit shield and application 

shield (Effective 07/01/1997) 


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2Q.0513 Permit renewal and expiration 

(Effective 07/01/1994) 

2Q.0514 Administrative permit 

amendments (Effective 01/01/2007) 

2Q.0515 Minor permit modifications 

(Effective 07/01/1997) 

2Q.0516 Significant permit modification 

(Effective 07/01/1994) 

2Q.0517 Reopening for cause (Effective 07/ 

01/1997) 

2Q.0518 Final action (Effective 02/01/1995) 

2Q.0519 Termination, modification, 

revocation of permits (Effective 07/01/ 

1994) 

2Q.0520 Certification by responsible official 

(Effective 07/01/1994) 

2Q.0521 Public participation (Effective 07/ 

01/1998) 

2Q.0522 Review by EPA and affected states 

(Effective 07/01/1994) 

2Q.0523 Changes not requiring permit 

revisions (Effective 06/01/2008) 

2Q.0524 Ownership change (Effective 07/ 

01/1994) 

2Q.0525 Application processing schedule 

(Effective 07/01/1998) 

2Q.0526 112(j) case-by-case MACT 

procedures (Effective 02/01/2004) 

2Q.0527 Expedited application processing 

schedule (Effective 07/01/1998) 

2Q.0528 112(g) case-by-case MACTt 

procedures (Effective 07/01/1998) 

SECTION .0600—TRANSPORTATION 

FACILITY PROCEDURES 

2Q.0601 Purpose of section and 

requirement for a permit (Effective 07/01/ 

1994) 

2Q.0602 Definitions (Effective 07/01/1994) 

2Q.0603 Applications (Effective 02/01/ 

2005) 

2Q.0604 Public participation (Effective 07/ 

01/1994) 

2Q.0605 Final action on permit 

applications (Effective 02/01/2005) 

2Q.0606 Termination, modification and 

revocation of permits (Effective 07/01/ 

1994) 

2Q.0607 Application processing schedule 

(Effective 07/01/1998) 

SECTION .0700—TOXIC AIR POLLUTANT 

PROCEDURES 

2Q.0701 Applicability (Effective 02/01/ 

2005) 

2Q.0702 Exemptions (Effective 04/01/2005) 

2Q.0703 Definitions (Effective 04/01/2001) 

2Q.0704 New facilities (Effective 07/01/ 

1998) 

2Q.0705 Existing facilities and sic calls 

(Effective 07/01/1998) 

2Q.0706 Modifications (Effective 12/01/ 

2005) 

2Q.0707 Previously permitted facilities 

(Effective 07/01/1998) 

2Q.0708 Compliance schedule for 

previously unknown toxic air pollutant 

emissions (Effective 07/01/1998) 

2Q.0709 Demonstrations (Effective 02/01/ 

2005) 

2Q.0710 Public notice and opportunity for 

public hearing (Effective 07/01/1998) 

2Q.0711 Emission rates requiring a permit 

(Effective 06/01/2008) 

2Q.0712 Calls by the director (Effective 07/ 

01/1998) 

2Q.0713 Pollutants with otherwise 

applicable federal standards or 

requirements (Effective 07/01/1998) 

SECTION .0800—EXCLUSIONARY RULES 

2Q.0801 Purpose and scope (Effective 04/ 

01/1999) 

2Q.0802 Gasoline service stations and 

dispensing facilities (Effective 08/01/1995) 

2Q.0803 Coating, solvent cleaning, graphic 

arts operations (Effective 04/01/2001) 

2Q.0804 Dry cleaning facilities (Effective 

08/01/1995) 

2Q.0805 Grain elevators (Effective 04/01/ 

2001) 

2Q.0806 Cotton gins (Effective 06/01/2004) 

2Q.0807 Emergency generators (Effective 

04/01/2001) 

2Q.0808 Peak shaving generators (Effective 

12/01/2005) 

2Q.0809 Concrete batch plants (Effective 

06/01/2004) 

2Q.0810 Air curtain burners (Effective 12/ 

01/2005) 

SECTION .0900—PERMIT EXEMPTIONS 

2Q.0901 Purpose and scope (Effective 01/ 

01/2005) 

2Q.0902 Portable crushers (Effective 01/01/ 

2005) 

2Q.0903 Emergency generators (Effective 

06/01/2008) 

* * * * * 

[FR Doc. E9–4131 Filed 3–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 302, 303 and 307 

RIN 0970–AC01 

State Parent Locator Service; 

Safeguarding Child Support 

Information: Proposed Delay of 

Effective Date 

AGENCY: Office of Child Support 

Enforcement (OCSE), Administration for 

Children and Families (ACF), 

Department of Heath and Human 

Services 

ACTION: Proposed delay of effective date. 

SUMMARY: In accordance with the 

memorandum of January 20, 2009, from 

the Assistant to the President and Chief 

of Staff, entitled ‘‘Regulatory Review,’’ 

published in the Federal Register on 

January 26, 2009, the Department is 

seeking public comment on a 

contemplated delay of 60 days in the 

effective date of the rule entitled ‘‘State 

Parent Locator Service; Safeguarding 

Child Support Information,’’ published 

in the Federal Register on September 

26, 2008 [73 FR 56422]. That rule 

addresses requirements for State Parent 

Locator Service responses to authorized 

location requests, State IV–D program 

safeguarding of confidential 

information, authorized disclosures of 

this information, and restrictions on the 

use of confidential data and information 

for child support purposes with 

exceptions for certain disclosures 

permitted by statute. The Department is 

considering a temporary 60-day delay in 

effective date to allow Department 

officials the opportunity for further 

review and consideration of new 

regulations, consistent with the Chief of 

Staff’s memorandum of January 20, 

2009. 

The Department solicits comments 

specifically on the contemplated delay 

in effective date. 

DATES: Comments must be received on 

or before March 12, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Interested persons are invited 

to submit written comments via regular 

postal mail to: Office of Child Support 

Enforcement, Administration for 

Children and Families, 370 L’Enfant 

Promenade, SW., 4th floor, Washington, 

DC 20447, Attention: Division of Policy; 

Mail Stop: ACF/OCSE/DP. 

FOR FURTHER INFORMATION CONTACT: 

Yvette Riddick, Office of Child Support 

Enforcement, Division of Policy, (202) 

401–4885. 

Dated: February 26, 2009. 

Charles E. Johnson, 

Acting Secretary. 

[FR Doc. E9–4527 Filed 2–27–09; 4:15 pm] 

BILLING CODE 4184–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–411; MB Docket No. 08–122; RM– 

11440] 

Television Broadcasting Services; 

Indianapolis, IN 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by LeSEA 

Broadcasting of Indianapolis, Inc., the 

licensee of station WHMB–DT, to 

substitute DTV channel 20 for its 

assigned post-transition DTV channel 16 

at Indianapolis, Indiana. 

DATES: This rule is effective April 2, 

2009. 


rmajette on PRODPC74 with RULES