Pages 11373±11754 Vol. 64 3±9±99 eDt 3MR9 24 a 8 99Jt134 O000Fm001Ft41 ft41 :F\M0MW.X fm4PsN:09MRWS pfrm04 E:\FR\FM\09MRWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 22:47Mar08, 1999 VerDate 03-MAR-99 No. 45 federal register March 9,1999 Tuesday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onhowtousetheFederalRegister 1 II Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. 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How To Cite This Publication: Use the volume number and the page number. Example: 64 FR 12345.

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Contents Federal Register Vol. 64, No. 45

Tuesday, March 9, 1999

Agriculture Department Defense Department See Animal and Plant Health Inspection Service See Army Department See Foreign Agricultural Service See Engineers Corps NOTICES Animal and Plant Health Inspection Service Federal Acquisition Regulation (FAR): PROPOSED RULES Agency information collection activities— Plant-related quarantine, domestic: Submission for OMB review; comment request, 11445– Karnal bunt disease— 11450 Regulated areas reclassification, 11392–11401 Grants and cooperative agreements; availability, etc.: NOTICES Local educational agencies program, 11450–11451 Agency information collection activities: Meetings: Proposed collection; comment request, 11433 Electron Devices Advisory Group, 11451–11452 Environmental statements; availability, etc.: Genetically engineered organisms; field test permits— Economic Development Administration Monsanto Co.; corn, 11434 NOTICES Nonregulated status determinations— Trade adjustment assistance eligibility determination Monsanto Co.; genetically engineered potatoes, 11434– petitions: 11435 P.C. Boards, Inc., et al., 11437–11438

Army Department Education Department See Engineers Corps NOTICES NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 11454–11455 Armament Retooling and Manufacturing Support Grants and cooperative agreements; availability, etc.: Executive Advisory Committee, 11452–11453 Child Care Access Means Parents in School Program, Patent licenses; non-exclusive, exclusive, or partially 11455–11456 exclusive: Indian education programs— Multilayered ferroelectric composite waveguides, etc., Strengthening Institutions Program et al., 11751–11754 11453 National Institute on Disability and Rehabilitation Self-imaging waveguide splitters, etc., 11453 Research— Disability and Rehabilitation Research Projects and Children and Families Administration Centers Program, 11747–11749 NOTICES Agency information collection activities: Energy Department Proposed collection; comment request, 11474 See Federal Energy Regulatory Commission Submission for OMB review; comment request, 11474– NOTICES 11475 Atomic energy agreements; subsequent arrangements; correction, 11456 Coast Guard Meetings: NOTICES Environmental Management Site-Specific Advisory Meetings: Board— National Offshore Safety Advisory Committee, 11530 Los Alamos National Laboratory, NM, 11456 Secretary of Energy Advisory Committee, 11456–11457 Commerce Department Presidential permit applications: See Economic Development Administration Frontera Generation L.P., 11457–11458 See Export Administration Bureau See International Trade Administration Engineers Corps See National Oceanic and Atmospheric Administration RULES See Technology Administration Administrative appeal process, 11707–11721 NOTICES NOTICES Agency information collection activities: Environmental statements; notice of intent: Submission for OMB review; comment request, 11437 Great Egg Harbor Inlet to Townsends Inlet, Cape May County, NJ; storm damage reduction project, 11453– Customs Service 11454 RULES Trademarks, tradenames, and copyrights: Environmental Protection Agency Technical amendment, 11376 RULES NOTICES Air pollutants, hazardous; national emission standards: Customhouse broker license cancellation, suspension, etc.: Polymer and resin production facilities (Groups I and IV) Perroncino, John S., et al., 11531–11532 and volatile organic compound (VOC) emissions Trevilcock, Cleopatra D., et al.; correction, 11532 from polymer manufacturing industry, 11535–11554

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PROPOSED RULES Transcontinental Gas Pipe Line Corp., 11467 Air pollutants, hazardous; national emission standards: Transwestern Pipeline Co., 11467 Polymer and resin production facilities (Groups I and IV) Trunkline Gas Co., 11468 and volatile organic compound (VOC) emissions Viking Gas Transmission Co., 11468 from polyether polyols production, 11559–11705 Williston Basin Interstate Pipeline Co., 11468 Polymer and resin production facilities (Groups I and IV) and volatile organic compound (VOC) emissions Federal Highway Administration from polymer manufacturing industry, 11555–11557 PROPOSED RULES Motor carrier safety standards: Executive Office of the President Transportation Equity Act for 21st Century; See Presidential Documents implementation— Commercial motor carrier safety assistance program; Export Administration Bureau State responsibility, 11414–11431 NOTICES Meetings: Federal Reserve System Presindent’s Export Council, 11438–11439 NOTICES Banks and bank holding companies: Federal Aviation Administration Change in bank control, 11473 RULES Formations, acquisitions, and mergers, 11473 Airworthiness directives: Permissible nonbanking activities, 11473–11474 Boeing; correction, 11533 Eurocopter France, 11375–11376 Federal Trade Commission PROPOSED RULES NOTICES Airworthiness directives: Agency information collection activities: Bell Helicopter Textron Canada, 11401–11402 Submission for OMB review; comment request; Class D and Class E airspace; correction, 11533 correction, 11533 Class E airspace; correction, 11533 Fish and Wildlife Service Federal Communications Commission NOTICES NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities: Habitat conservation planning and incidental take Reporting and recordkeeping requirements, 11471–11472 permitting process; handbook addendum, 11485– 11490 Federal Emergency Management Agency RULES Food and Drug Administration Flood elevation determinations: RULES Various States, 11378–11389 Mutual recognition agreements: PROPOSED RULES U.S.-European Community— Flood elevation determinations: Pharmaceutical good manufacturing practices and Various States, 11403–11414 medical devices; public docket and FDA contact NOTICES points establishment, 11376–11377 Agency information collection activities: Submission for OMB review; comment request, 11472– Foreign Agricultural Service 11473 NOTICES Uruguay Round Agreements Act (URAA); agricultural Federal Energy Regulatory Commission safeguard trigger levels, 11435–11437 NOTICES Meetings; Sunshine Act, 11469–11471 General Services Administration Applications, hearings, determinations, etc.: NOTICES ANR Pipeline Co., 11458–11459 Federal Acquisition Regulation (FAR): CNG Transmission Corp., 11459 Agency information collection activities— Colorado Interstate Gas Co., 11459 Submission for OMB review; comment request, 11445– Columbia Gas Transmission Corp., 11459–11460 11450 Columbia Gulf Transmission Co., 11460–11461 Destin Pipeline Co., L.L.C., 11461 Health and Human Services Department Dynegy Midstream Pipeline, Inc., 11458 See Children and Families Administration KO Transmission Co., 11461–11462 See Food and Drug Administration Milford Power L.P., 11462 See Health Resources and Services Administration Panhandle Eastern Pipe Line Co., 11462 See Substance Abuse and Mental Health Services PG&E Gas Transmission, Northwest Corp., 11462–11463 Administration Reliant Energy Gas Transmission Co., 11463 Sea Robin Pipeline Co., 11463 Health Resources and Services Administration Shenandoah Gas Co., 11463–11465 NOTICES Southern Natural Gas Co., 11465 , 11465 Meetings: South Georgia Natural Gas Co., 11465 Nurse Education and Practice National Advisory Council, Southwest Gas Storage Co., 11466 11476 Tennessee Gas Pipeline Co., 11466 National vaccine injury compensation program: Texas Eastern Transmission Corp., 11466–11467 Petitions received, 11476–11478

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Organization, functions, and authority delegations: National Oceanic and Atmospheric Administration Facilities and Loans Division, 11478 RULES Fishery conservation and management: Housing and Urban Development Department Alaska; fisheries of Exclusive Economic Zone— NOTICES Crab and scallop fisheries; overfishing, maximum Agency information collection activities: sustainable yield, and optimum yield, 11390– Submission for OMB review; comment request, 11483– 11391 11484 PROPOSED RULES Fishery conservation and management: Immigration and Naturalization Service Northeastern United States fisheries— RULES Sea scallop management, 11431–11432 NOTICES Immigration: Meetings: Aliens— Mid-Atlantic Fishery Management Council, 11443 Employment eligibility verification; acceptable receipts; Modernization Transition Committee, 11443 correction, 11533 New England Fishery Management Council, 11443–11444 Permits: Indian Affairs Bureau Endangered and threatened species, 11444–11445 NOTICES Reports and guidance documents; availability, etc.: Indian Child Welfare Act: Habitat conservation planning and incidental take Designated tribal agents; annual list, 11490–11499 permitting process; handbook addendum, 11485– 11490 Interior Department See Fish and Wildlife Service See Indian Affairs Bureau National Park Service See National Park Service RULES NOTICES Historic preservation program procedures; State, Tribal, and Meetings: local governments, 11735–11746 American Samoa Economic Advisory Commission, 11484 NOTICES Meetings: Internal Revenue Service Cape Cod National Seashore Advisory Commission, RULES 11499 Income taxes, etc.: National Register of Historic Places: Witholding of tax on certain U.S. source income paid to Pending nominations, 11499–11500 foreign persons and related collection, refunds, and credits, etc.; correction, 11378 National Science Foundation NOTICES International Trade Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 11505 Antidumping: Year 2000 computer readiness; public’s views and attitudes; Chloropicrin from— data collection, 11505–11506 China, 11440–11442 Tapered roller bearings and parts, finished and Nuclear Regulatory Commission unfinished, from— NOTICES China, 11442 Environmental statements; availability, etc.: Antidumping and countervailing duties: Commonwealth Edison Co., 11506–11507 Administrative review requests, 11439–11440 Meetings; Sunshine Act, 11507–11508 Applications, hearings, determinations, etc.: Reports and guidance documents; availability, etc.: Johns Hopkins University, 11442–11443 Materials licenses, consolidated guidance— Commercial radiopharmacy licenses; program-specific Justice Department guidance, 11509–11510 See Immigration and Naturalization Service NRC enforcement actions; generally licensed devices containing byproduct material, 11508–11509 Labor Department See Occupational Safety and Health Administration Occupational Safety and Health Administration National Aeronautics and Space Administration NOTICES NOTICES Nationally recognized testing laboratories, etc.: Federal Acquisition Regulation (FAR): Electro-Test, Inc., 11500–11501 Agency information collection activities— Entela, Inc., 11501–11502 Submission for OMB review; comment request, 11445– MET Laboratories, Inc., 11502–11503 11450 Southwest Research Institute, 11503–11505

National Highway Traffic Safety Administration Personnel Management Office RULES NOTICES Consumer information: Meetings: Utility vehicle label, 11723–11734 Federal Prevailing Rate Advisory Committee, 11510

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Postal Service NOTICES PROPOSED RULES Aviation proceedings: Domestic Mail Manual: Agreements filed; weekly receipts, 11528 Flat-size periodicals and standard mail; packaging Certificates of public convenience and necessity and material standards, 11402–11403 foreign air carrier permits; weekly applications, 11528 Presidential Documents Hazardous materials transportation: PROCLAMATIONS Department-wide program evaluation, 11484 Special observances: Blackmun, Harry A., death, 11373 Treasury Department See Customs Service Public Health Service See Internal Revenue Service See Food and Drug Administration NOTICES See Health Resources and Services Administration Agency information collection activities: See Substance Abuse and Mental Health Services Proposed collection; comment request, 11531 Administration United States Information Agency Research and Special Programs Administration NOTICES NOTICES Art objects; importation for exhibition: Hazardous materials transportation: Projects 68: William Kentridge, 11532 Department-wide program evaluation, 11484 Securities and Exchange Commission NOTICES Separate Parts In This Issue Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 11510–11523 Part II Chicago Board Options Exchange, Inc., 11523–11527 Environmental Protection Agency, 11535–11557 Cincinnati Stock Exchange, Inc., 11527–11528 Part III Substance Abuse and Mental Health Services Environmental Protection Agency, 11559–11705 Administration NOTICES Part IV Grants and cooperative agreements; availability, etc.: Department of Defense, Department of the Army, Corps of Center for Substance Abuse Treatment activities, 11478– Engineers, 11707–11721 11483 Part V Surface Transportation Board Department of Transportation, National Highway NOTICES Administration, 11723–11734 Railroad services abandonment: Norfolk Southern Railway Co., 11530–11531 Part VI Department of Interior, National Park Service, 11735–11746 Technology Administration NOTICES Part VII Committees; establishment, renewal, termination, etc.: Department of Education, 11747–11749 National Medal of Technology Nomination Evaluation Committee, 11445 Part VIII Transportation Department Department of Education, 11751–11754 See Coast Guard See Federal Aviation Administration See Federal Highway Administration Reader Aids See National Highway Traffic Safety Administration Consult the Reader Aids section at the end of this issue for See Research and Special Programs Administration phone numbers, online resources, finding aids, reminders, See Surface Transportation Board and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 7172...... 11373 7 CFR Proposed Rules: 301...... 11392 8 CFR 274a...... 11533 14 CFR 39 (2 documents) ...... 11375, 11533 Proposed Rules: 39...... 11401 71 (2 documents) ...... 11533 19 CFR 133...... 11376 21 CFR 26...... 11376 26 CFR 1...... 11378 33 CFR 320...... 11708 326...... 11708 331...... 11708 36 CFR 61...... 11736 39 CFR Proposed Rules: 111...... 11402 40 CFR 60...... 11536 63...... 11536 Proposed Rules: 60...... 11555 63 (2 documents) ...... 11555, 11560 44 CFR 65 (4 documents) ...... 11378, 11380, 11382, 11384 67 (2 documents) ...... 11386, 11388 Proposed Rules: 67 (2 documents) ...... 11403, 11409 49 CFR 571...... 11724 575...... 11724 Proposed Rules: 350...... 11414 50 CFR 679...... 11390 Proposed Rules: 648...... 11431

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Federal Register Presidential Documents Vol. 64, No. 45

Tuesday, March 9, 1999

Title 3— Proclamation 7172 of March 4, 1999

The President Death of Harry A. Blackmun

By the President of the United States of America

A Proclamation As a mark of respect for the memory of Harry A. Blackmun, retired Associate Justice of the Supreme Court of the United States, I hereby order, by the authority vested in me as President by the Constitution and the laws of the United States of America, that the flag of the United States shall be flown at half-staff on the day of his interment. On such day the flag shall be flown at half-staff until sunset upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions; and at all U.S. embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of March, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-third. œ–

[FR Doc. 99–5953 Filed 3–8–99; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 64, No. 45

Tuesday, March 9, 1999

This section of the FEDERAL REGISTER and N2 helicopters was published in the List of Subjects in 14 CFR Part 39 contains regulatory documents having general Federal Register on June 5, 1998 (63 FR Air transportation, Aircraft, Aviation applicability and legal effect, most of which 30662). That action proposed to require safety, Safety. are keyed to and codified in the Code of inspecting for certain frequency Federal Regulations, which is published under Adoption of the Amendment 50 titles pursuant to 44 U.S.C. 1510. adapters and if they are installed, replacing them with airworthy Accordingly, pursuant to the The Code of Federal Regulations is sold by frequency adapters. authority delegated to me by the the Superintendent of Documents. Prices of Interested persons have been afforded Administrator, the Federal Aviation new books are listed in the first FEDERAL Administration amends part 39 of the REGISTER issue of each week. an opportunity to participate in the making of this amendment. No Federal Aviation Regulations (14 CFR comments were received on the part 39) as follows: DEPARTMENT OF TRANSPORTATION proposal or the FAA’s determination of PART 39ÐAIRWORTHINESS the cost to the public. The FAA has DIRECTIVES Federal Aviation Administration determined that air safety and the public interest require the adoption of 1. The authority citation for part 39 14 CFR Part 39 the rule as proposed. continues to read as follows: [Docket No. 97±SW±64±AD; Amendment The FAA estimates that 91 helicopters Authority: 49 U.S.C. 106(g), 40113, 44701. 39±11067; AD 99±06±03] of U.S. registry will be affected by this § 39.13 [Amended] AD, that it will take approximately 6 RIN 2120±AA64 2. Section 39.13 is amended by work hours per helicopter to accomplish adding a new airworthiness directive Airworthiness Directives; Eurocopter the required actions, and that the (AD) to read as follows: France Model AS±365N, N1, and N2 average labor rate is $60 per work hour. Helicopters Required parts will cost approximately AD 99–06–03 Eurocopter France: $5,200 per helicopter. Based on these Amendment 39–11067. Docket No. 97– AGENCY: Federal Aviation SW–64–AD. figures, the total cost impact of this AD Administration, DOT. on U.S. operators is estimated to be Applicability: Model AS–365N, N1, and N2 helicopters, certificated in any category. ACTION: Final rule. $505,960. Note 1: This AD applies to each helicopter SUMMARY: This amendment adopts a The regulations adopted herein will identified in the preceding applicability new airworthiness directive (AD), not have substantial direct effects on the provision, regardless of whether it has been applicable to Eurocopter France Model States, on the relationship between the modified, altered, or repaired in the area AS–365N, N1, and N2 helicopters, that national government and the States, or subject to the requirements of this AD. For requires inspecting the helicopter to on the distribution of power and helicopters that have been modified, altered, or repaired so that the performance of the determine if a certain main rotor head responsibilities among the various requirements of this AD is affected, the frequency adapter (frequency adapter) is levels of government. Therefore, in owner/operator must use the authority installed and, if so, replacing it with an accordance with Executive Order 12612, provided in paragraph (c) to request approval airworthy frequency adapter. This it is determined that this final rule will from the FAA. This approval may address amendment is prompted by a report of not have sufficient federalism either no action, if the current configuration disbonding of the metal center section implications to warrant the preparation eliminates the unsafe condition, or different of a frequency adapter from the of a Federalism Assessment. actions necessary to address the unsafe condition described in this AD. Such a elastomer on a main rotor head caused For the reasons discussed above, I by a lack of adherence during the request should include an assessment of the certify that this action (1) is not a effect of the changed configuration on the production process. The actions ‘‘significant regulatory action’’ under unsafe condition addressed by this AD. In no specified by this AD are intended to Executive Order 12866; (2) is not a case does the presence of any modification, prevent increased vibrations caused by ‘‘significant rule’’ under the DOT alteration, or repair remove any helicopter disbonding of the center section of a Regulatory Policies and Procedures (44 from the applicability of this AD. frequency adapter from the elastomer FR 11034, February 26, 1979); and (3) if Compliance: Required within the next 100 and subsequent reduced controllability promulgated, will not have a significant hours time-in-service or 6 calendar months, whichever occurs first, unless accomplished of the helicopter. economic impact, positive or negative, EFFECTIVE DATE: April 13, 1999. previously. on a substantial number of small entities To prevent vibrations caused by FOR FURTHER INFORMATION CONTACT: under the criteria of the Regulatory disbonding of the center section of a Mike Mathias, Aerospace Engineer, Flexibility Act. A copy of the draft frequency adapter from the elastomer on the Rotorcraft Standards Staff, Rotorcraft regulatory evaluation prepared for this main rotor head and subsequent reduced Directorate, FAA, 2601 Meacham Blvd., action is contained in the Rules Docket. controllability of the helicopter, accomplish Fort Worth, Texas 76137, telephone A copy of it may be obtained by the following: (817) 222–5123, fax (817) 222–5961. contacting the Rules Docket at the FAA, (a) Determine the part number, serial number, and date of manufacture of the main SUPPLEMENTARY INFORMATION: Office of the Regional Counsel, A rotor head frequency adapter (frequency proposal to amend part 39 of the Federal Southwest Region, Attention: Rules adapter). Aviation Regulations (14 CFR part 39) to Docket No. 97–SW–64–AD, 2601 (b) If a frequency adapter part number (P/ include an AD that is applicable to Meacham Blvd., Room 663, Fort Worth, N) 704A33–640–031 (E1T2624–01A), or Eurocopter France Model AS–365N, N1, Texas 76137. delivered in pairs under the P/N 365A31–

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1858–01, manufactured before April 1, 1991, SUPPLEMENTARY INFORMATION: Amendment to the Regulations with a serial number (S/N) equal to or less than 8188, or P/N 704A33–640–046 Background Part 133, Customs Regulations (19 (E1T3023–01), or delivered in pairs under the CFR part 133), is amended as set forth P/N 365A31–1858–02, manufactured before The general and specific sectional below. April 1, 1991, with a S/N equal to or less authority citations for part 133, Customs than 3122, is installed, remove the frequency Regulations (19 CFR part 133), are set PART 133ÐTRADEMARKS, TRADE adapter and replace it with an airworthy forth at the beginning of the part NAMES, AND COPYRIGHTS frequency adapter. following its table of contents. Note 2: Eurocopter France AS 365 Service 1. The authority citation for part 133 Bulletin No. 01.00.44, dated May 9, 1996, However, the specific statutory continues to read in part as follows: pertains to the subject of this AD. authority citations for certain sections in part 133 are also repeated immediately Authority: 17 U.S.C. 101, 601, 602, 603; 19 (c) An alternative method of compliance or U.S.C. 66, 1624; 31 U.S.C. 9701. adjustment of the compliance time that following the text of the sections. * * * * * provides an acceptable level of safety may be Also, it is observed that 31 U.S.C. used if approved by the Manager, FAA, 2. Part 133 is amended by removing 483a is cited as authority for a number the statutory authority citations that Rotorcraft Directorate, Rotorcraft Standards of sections in part 133 following the text Staff. Operators shall submit their requests appear in parentheses immediately through an FAA Principal Maintenance of such sections. However, by Pub. L. below the texts of §§ 133.1, 133.2–133.7, Inspector, who may concur or comment and 97–258 (September 13, 1982), 31 U.S.C. 133.11–133.13, 133.15, 133.33, 133.35, then send it to the Manager, Rotorcraft 483a was revised and replaced with 31 133.36, 133.46, and 133.53. Standards Staff. U.S.C. 9701 which is included under Dated: March 3, 1999. Note 3: Information concerning the the general authority citation for part existence of approved alternative methods of 133. Harold M. Singer, compliance with this AD, if any, may be Accordingly, to eliminate unnecessary Chief, Regulations Branch. obtained from the Rotorcraft Standards Staff. repetition and to make sure that the [FR Doc. 99–5715 Filed 3–8–99; 8:45 am] (d) Special flight permits may be issued in statutory authority listed for part 133 is BILLING CODE 4820±02±P accordance with sections 21.197 and 21.199 correct and current, the statutory of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the helicopter citations that appear in parentheses to a location where the requirements of this below the text of any regulatory sections DEPARTMENT OF HEALTH AND AD can be accomplished. in subparts A, B, D, E and F of part 133 HUMAN SERVICES (e) This amendment becomes effective on will be deleted. It is noted that a April 13, 1999. document amending subpart C of part Food and Drug Administration Note 4: The subject of this AD is addressed 133 that was published in the Federal 21 CFR Part 26 in Direction General De L’Aviation Civile Register (64 FR 9058) on February 24, (France) AD 96–117–040(B), dated June 19, 1999, as T.D. 99–21, effective as of [Docket No. 98S±1064] 1996. March 26, 1999, no longer sets forth any Issued in Fort Worth, Texas, on March 1, statutory authority citations following Implementation of the Mutual 1999. the text of the regulatory sections in that Recognition Agreement Between the Eric Bries, subpart. United States and the European Acting Manager, Rotorcraft Directorate, Community; Pharmaceutical GMP's Aircraft Certification Service. Inapplicability of Public Notice and and Medical Devices; Establishment of [FR Doc. 99–5726 Filed 3–8–99; 8:45 am] Comment and Delayed Effective Date a Public Docket and FDA Contact BILLING CODE 4910±13±U Requirements, the Regulatory Points Flexibility Act and Executive Order 12866 AGENCY: Food and Drug Administration, HHS. DEPARTMENT OF THE TREASURY Because this amendment is merely of ACTION: Establishment of a public docket a minor editorial nature, and conforms and FDA contact points. Customs Service to existing law, notice and public SUMMARY: The Food and Drug 19 CFR Part 133 procedure in this case are inapplicable and unnecessary pursuant to 5 U.S.C. Administration (FDA) is announcing the [T.D. 99±24] 553(b)(B), and pursuant to 5 U.S.C. establishment of a public docket for the 553(d)(3), a delayed effective date is not submission and public availability of Technical Amendment to the Customs required. Since this document is not information concerning the Regulations subject to the requirements of 5 U.S.C. implementation of the Mutual AGENCY: U.S. Customs Service, 553, it is not subject to the provision of Recognition Agreement (MRA) between Department of the Treasury. the Regulatory Flexibility Act (5 U.S.C. the United States and the European ACTION: Final rule. 601 et seq.). Nor does the amendment Community (EC) in the areas of result in a ‘‘significant regulatory pharmaceutical good manufacturing SUMMARY: This document makes a minor action’’ under E.O. 12866. practices (GMP’s) and medical devices. technical change to the Customs FDA is also establishing contact points Regulations, in accordance with List of Subjects in 19 CFR Part 133 for information covering particular Customs policy of periodically Copyright, Customs duties and subjects under the MRA reviewing its regulations to make sure inspection, Fees assessment, Imports, implementation, and the agency is that they are current, and to eliminate Penalties, Prohibited merchandise, making appropriate information needless repetition. Reporting and recordkeeping available on the FDA web site. EFFECTIVE DATE: March 9, 1999. requirements, Restricted merchandise DATES: Written comments may be FOR FURTHER INFORMATION CONTACT: (counterfeit goods), Seizures and submitted at any time. Russell Berger, Office of Regulations forfeitures, Trade names, Trademarks, ADDRESSES: Submit written comments and Rulings, 202–927–1605. Unfair competition. to the Dockets Management Branch

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(HFA–305), Food and Drug Administration, 1350 Piccard Dr., 26, Appendix D of subpart A and their Administration, 5630 Fishers Lane, rm. Rockville, MD 20850, 301–443– application to authorities listed in 1061, Rockville, MD 20852. Documents 7491, FAX: 301–443–8818, or E- Appendix B of subpart A of part 26. The concerning FDA’s implementation of mail: ‘‘[email protected]’’. notice instructed persons to send their the MRA are available for public SUPPLEMENTARY INFORMATION: On information to docket 98N–0185 (the examination in the Dockets November 6, 1998, FDA published a rulemaking docket). Management Branch. final rule in the Federal Register (63 FR 60122) that amended its regulations FDA is particularly interested in FOR FURTHER INFORMATION CONTACT: obtaining the following types of Pharmaceutical GMP’s: under an international agreement between the United States and the EC by information from any interested For information regarding human persons: drug GMP’s: Brian J. Hasselbalch, adding part 26 (21 CFR part 26), Division of Manufacturing and subparts A through C entitled ‘‘Mutual (a) Information relevant to Product Quality (HFD–325), Office Recognition of Pharmaceutical Good determining the equivalence of EC of Compliance, Center for Drug Manufacturing Practice Inspection Member State regulatory authorities that Evaluation and Research, Food and Reports, Medical Device Quality System may provide pharmaceutical GMP Drug Administration, 7520 Standish Audit Reports, and Certain Medical inspection reports to FDA under the Pl., Rockville, MD 20855–2737, Device Product Evaluation Reports MRA, and Between the United States and the 301–827–7285, FAX: 301–594– (b) Information relevant to the 2202, or E-mail: European Community.’’ This rule became effective on December 7, 1998. assessment procedures of CAB’s that ‘‘[email protected]’’. Under the terms of subpart A of part 26, may provide medical device quality For information regarding animal the importing country authority may system evaluation reports and certain drug GMP’s: Judith A. Gushee, normally endorse pharmaceutical GMP medical device product evaluation Office of Surveillance and inspection reports provided by reports to the FDA under the MRA. Compliance (HFV–232), Center for exporting authorities determined to be Veterinary Medicine, Food and Because FDA desires to separate the equivalent. Under the terms of subpart Drug Administration, 7500 Standish administrative record of the rulemaking B of part 26, the importing country Pl., Rockville, MD 20855–2773, for part 26 from the administrative authority may endorse quality system 301–827–0150, FAX: 301–594– records covering implementation of part audits performed according to the 26, FDA hereby requests that all 1807, or E-mail: importing country authority’s ‘‘[email protected]’’. requirements and procedures. In information relevant to the For information regarding human addition, certain medical device implementation of part 26 be sent to the biologic GMP’s: Jennifer A. Thomas, product evaluation reports performed by docket established under this notice Office of Compliance and Biologics the exporting country’s conformity (Docket No. 98S–1064). Furthermore, Quality (HFM–600), Center for assessment bodies (CAB’s), according to any information concerning Biologics Evaluation and Research, the importing country authority’s implementation of part 26 and any Food and Drug Administration, requirements and procedures, may information pertaining to the 1401 Rockville Pike, Rockville, MD normally be endorsed. equivalence or listing criteria described 20852–1448, 301–827–6190, FAX: In response to comments on FDA’s previously that has already been sent to 301–594–1944, or E-mail: proposed rule published in the Federal the rulemaking docket will be ‘‘[email protected]’’. Register of April 10, 1998 (63 FR transferred to the new docket Medical Devices: 17744), FDA stated that it plans to make established for part 26 implementation. For information regarding 510(k)’s: public summaries of key meetings held FDA will also make appropriate Eric J. Rechen, Office of Device with its EC counterparts concerning Evaluation (HFZ–402), Center for implementation of the MRA and FDA’s information concerning the Devices and Radiological Health, regulation, and that it will make implementation of the MRA and part 26 Food and Drug Administration, available to the public the available to the public on FDA’s website 9200 Corporate Blvd., Rockville, administrative file that constitutes the at ‘‘http://www.fda.gov’’ under the MD 20850, 301–594–2186, FAX: basis for any of FDA’s equivalence ‘‘International’’ section. 301–594–2977, or E-mail: determinations or listings, subject to Dated: March 2, 1999. ‘‘[email protected]’’. exemptions from disclosure provided in William K. Hubbard, For information regarding device the Freedom of Information Act, the quality systems and GMP’s: Privacy Act, and FDA’s regulations (see Acting Deputy Commissioner for Policy. Kimberly A. Trautman, Office of comment 1 in section II.C at 60122 at [FR Doc. 99–5681 Filed 3–8–99; 8:45 am] Compliance (HFZ–340), Center for 60127). BILLING CODE 4160±01±F Devices and Radiological Health, Through this notice, FDA is Food and Drug Administration, establishing a new docket (Docket No. 2094 Gaither Rd., Rockville, MD 98S–1064) in order to make available at 20850, 301–594–4646, FAX: 301– a convenient location public 594–4672, or E-mail: information concerning the ‘‘[email protected]’’. implementation of part 26. For information regarding third-party Also, in the proposed rule (63 FR program administrative matters and 17744), FDA requested (see also general MRA issues: John F. Stigi, comment 1 in section II.C at 60122 at Division of Small Manufacturers 60127) that all interested persons send Assistance (HFZ–220), Office of to FDA information that is: (1) Generally Health and Industry Programs, relevant to implementation of part 26, Center for Devices and Radiological and (2) of particular relevance to Health, Food and Drug equivalence criteria described in part

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DEPARTMENT OF THE TREASURY ACTION: Correction to technical sections 1441, 1442, and 1443 of the amendments. Internal Revenue Code. Internal Revenue Service SUMMARY: This document contains a Need for Correction 26 CFR Part 1 correction to final regulations (TD 8804), which were published in the As published, TD 8804 contains errors [TD 8804] Federal Register Thursday, December which may prove to be misleading and are in need of clarification. RIN 1545±AW39 31, 1998 (63 FR 72183), relating to the withholding of income tax on certain Correction of Publication General Revision of Regulations U.S. source income payments to foreign Relating to Withholding of Tax on persons. Accordingly, the publication of the Certain U.S. Source Income Paid to DATES: This correction is effective final rule; technical amendments (TD Foreign Persons and Related January 1, 2000. 8804), which was the subject of FR Doc. Collection, Refunds, and Credits; FOR FURTHER INFORMATION CONTACT: Lilo 98–34359, is corrected as follows: Revision of Information Reporting and Hester, (202) 622–3840 (not a toll-free Backup Withholding Regulations; and §§ 1.6041±1 and 1.6042±2 [Corrected] number). Removal of Regulations Under Parts 1 SUPPLEMENTARY INFORMATION: On page 72188, in the table following and 35a and of Certain Regulations ‘‘Par. 15.’’, two entries are added in Under Income Tax Treaties; Correction Background numerical order to read as follows: AGENCY: Internal Revenue Service (IRS), The final regulations that are the Treasury. subject of these corrections are under

Section Remove Add

******* 1.6041±1(d)(5), first sentence ...... December December 31, 1999. 31, 1998.

******* 1.6042±2(a)(l)(iii), first sentence ...... 1099A ...... 1099

*******

Michael L. Slaughter, effect prior to this determination for conditions, or upon new scientific or Acting Chief, Regulations Unit, Assistant each listed community. technical data. Chief Counsel (Corporate). From the date of the second The modifications are made pursuant [FR Doc. 99–5531 Filed 3–8–99; 8:45 am] publication of these changes in a to section 201 of the Flood Disaster BILLING CODE 4830±01±U newspaper of local circulation, any Protection Act of 1973, 42 U.S.C. 4105, person has ninety (90) days in which to and are in accordance with the National request through the community that the Flood Insurance Act of 1968, 42 U.S.C. Associate Director reconsider the FEDERAL EMERGENCY 4001 et seq., and with 44 CFR part 65. changes. The modified elevations may MANAGEMENT AGENCY For rating purposes, the currently be changed during the 90-day period. effective community number is shown 44 CFR Part 65 ADDRESSES: The modified base flood and must be used for all new policies elevations for each community are and renewals. [Docket No. FEMA±7281] available for inspection at the office of The modified base flood elevations the Chief Executive Officer of each are the basis for the floodplain Changes in Flood Elevation community. The respective addresses Determinations management measures that the are listed in the following table. community is required to either adopt AGENCY: Federal Emergency FOR FURTHER INFORMATION CONTACT: or to show evidence of being already in Management Agency, FEMA. Matthew B. Miller, P.E., Chief, Hazards effect in order to qualify or to remain ACTION: Interim rule. Study Branch, Mitigation Directorate, qualified for participation in the Federal Emergency Management National Flood Insurance Program. SUMMARY: This interim rule lists Agency, 500 C Street SW., Washington, These modified elevations, together communities where modification of the DC 20472, (202) 646–3461, or (email) with the floodplain management criteria base (1% annual chance) flood [email protected]. required by 44 CFR 60.3, are the elevations is appropriate because of new SUPPLEMENTARY INFORMATION: The minimum that are required. They scientific or technical data. New flood modified base flood elevations are not should not be construed to mean that insurance premium rates will be listed for each community in this the community must change any calculated from the modified base flood interim rule. However, the address of existing ordinances that are more elevations for new buildings and their the Chief Executive Officer of the stringent in their floodplain contents. community where the modified base management requirements. The DATES: These modified base flood flood elevation determinations are community may at any time enact elevations are currently in effect on the available for inspection is provided. stricter requirements of its own, or dates listed in the table and revise the Any request for reconsideration must pursuant to policies established by other Flood Insurance Rate Map(s) (FIRMs) in be based upon knowledge of changed Federal, state or regional entities.

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The changes in base flood elevations Insurance Program. No regulatory List of Subjects in 44 CFR Part 65 are in accordance with 44 CFR 65.4. flexibility analysis has been prepared. Flood insurance, Floodplains, National Environmental Policy Act Regulatory Classification Reporting and recordkeeping requirements. This rule is categorically excluded This interim rule is not a significant from the requirements of 44 CFR Part regulatory action under the criteria of Accordingly, 44 CFR part 65 is 10, Environmental Consideration. No section 3(f) of Executive Order 12866 of amended to read as follows: environmental impact assessment has September 30, 1993, Regulatory PART 65Ð[AMENDED] been prepared. Planning and Review, 58 FR 51735. Regulatory Flexibility Act Executive Order 12612, Federalism 1. The authority citation for part 65 This rule involves no policies that continues to read as follows: The Associate Director, Mitigation have federalism implications under Authority: 42 U.S.C. 4001 et seq.; Directorate, certifies that this rule is Executive Order 12612, Federalism, Reorganization Plan No. 3 of 1978, 3 CFR, exempt from the requirements of the dated October 26, 1987. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Regulatory Flexibility Act because 3 CFR, 1979 Comp., p. 376. modified base flood elevations are Executive Order 12778, Civil Justice required by the Flood Disaster Reform § 65.4 [Amended] Protection Act of 1973, 42 U.S.C. 4105, This rule meets the applicable 2. The tables published under the and are required to maintain community standards of section 2(b)(2) of Executive authority of § 65.4 are amended as eligibility in the National Flood Order 12778. follows:

Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Alabama: Madison ...... City of Huntsville January 7, 1999, January The Honorable Loretta Spencer, December 30, 1998 .. 010153 D 14, 1999, The Hunts- Mayor of the City of Huntsville, ville Times. P.O. Box 308, Huntsville, Alabama 35804. Madison ...... Unincorporated January 7, 1999, January Mr. Mike Gillespie, Chairman of the December 30, 1998 .. 010151 D Area. 14, 1999, The Hunts- Madison County Commission, ville Times. Madison County Courthouse, 100 Northside Square, Huntsville, Ala- bama 35801. Connecticut: New Town of East November 16, 1998, No- Mr. Wayne Fraser, First Selectman February 21, 1999 ..... 090096 London. Lyme. vember 23, 1998, The of the The Day Town of East Day. Lyme, P.O. Box 519, Niantic, Con- necticut 06357. Delaware: New City of Newark .... December 22, 1998, De- Mr. Carl F. Luft, City of Newark March 29, 1999 ...... 100025 F Castle. cember 29, 1998, The Manager, P.O. Box 390, Newark, News Journal. Delaware 19715. Florida: Manatee Unincorporated December 23, 1998, De- Mr. Ernie Padgett, Manatee County December 9, 1998 ..... 120153 Areas. cember 30, 1998,The Administrator, P.O. Box 1000, Bradenton Herald. Bradenton, Florida 34206. Illinois: Boone ...... City of Belvidere .. January 14, 1999, Janu- The Honorable Fred Brereton, September 10, 1998 170008 B ary 21, 1999, Belvidere Mayor of the City of Belvidere, Daily Republican. 119 South State Street, Belvidere, Illinois 61008. North Carolina: City of Chapel Hill November 12, 1998, No- The Honorable Rosemary Waldorf, February 17, 1999 ..... 370180 Orange, Dur- vember 19, 1998, Ra- Mayor of the Town of Chapel Hill, ham, and Chat- leigh News and Ob- Municipal Building 306 North Co- ham. server. lumbia Street, Chapel Hill, North Carolina 27516±2124. Ohio: Franklin ...... City of Columbus January 12, 1999, Janu- The Honorable Gregory Lashutka, April 19, 1999 ...... 390170 G ary 19, 1999, The Co- Mayor of the City of Columbus, 90 lumbus Dispatch. West Broad Street, Columbus, Ohio 43215. Franklin ...... City of January 12, 1999, Janu- The Honorable Robert McPherson, April 19, 1999 ...... 390177 G Reynoldsburg. ary 19, 1999, The Co- Mayor of the City of lumbus Dispatch. Reynoldsburg, 7232 East Main Street, Reynoldsburg, Ohio 43068±2080. Lake ...... Unincorporated January 7, 1999, January Mr. Dale Fellows, President of the December 30, 1998 .. 390771 C Areas. 14, 1999, The News- Lake County, Board of Commis- Herald. sioners, 105 Main Street, Paines- ville, Ohio 44077. Minnesota: Anoka City of Blaine ...... January 8, 1999, January The Honorable Thomas Ryan, April 15, 1999 ...... 270007 15, 1999, Blaine-Spring Mayor of the City of Blaine, 9150 Park Life. Central Avenue Northeast, Blaine, Minnesota 55434±3499. Mississippi:

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Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

DeSoto ...... City of Southaven December 30, 1998, Jan- The Honorable Charles G. Davis, April 6, 1999, ...... 280331 E uary 6, 1999, DeSoto Mayor of the City of Southaven, Times. P.O. Box 425, 8710 Northwest Drive, Southaven, Mississippi 38671. Hinds, City of Jackson ... January 7, 1999, January The Honorable Harvey Johnson, Jr., April 14, 1999 ...... 280072 F Rankin, and 14, 1999, The Clarion- Mayor of the City of Jackson, 219 Madison. Ledger. South President Street, P.O. Box 17, Jackson, Mississippi 39205± 0017. Pennsylvania: Township of December 17, 1998, De- Mr. William Knipple, President of the March 24, 1999 ...... 420241 C Cambria. Stonycreek. cember 24, 1998, The Board of Directors, Township of Tribune-Democrat. Stonycreek, 1610 Bedford Street, Johnstown, Pennsylvania 15902. South Carolina: Unincorporated November 18, 1998, No- Mr. Joseph Preston, Anderson February 23, 1999 ..... 450013 Anderson. Areas. vember 25, 1998, An- County Administrator, 100 South derson Independent Main Street, Anderson, South Mailer. Carolina 29622. Virginia: Prince City of Manassas January 22, 1999, Janu- The Honorable Marvin L. Gillum, April 29, 1999 ...... 510112 William. ary 29, 1999, Manas- Mayor of the City of Manassas, sas Journal Messenger. P.O. Box 560, Manassas, Virginia 20108.

(Catalog of Federal Domestic Assistance No. Agency, 500 C Street SW., Washington, minimum that are required. They 83.100, ‘‘Flood Insurance’’) DC 20472, (202) 646–3461, or (email) should not be construed to mean that Dated: February 26, 1999. [email protected]. the community must change any Michael J. Armstrong, SUPPLEMENTARY INFORMATION: The existing ordinances that are more Associate Director for Mitigation. Federal Emergency Management Agency stringent in their floodplain [FR Doc. 99–5768 Filed 3–8–99; 8:45 am] makes the final determinations listed management requirements. The BILLING CODE 6718±04±P below of modified base flood elevations community may at any time enact for each community listed. These stricter requirements of its own, or modified elevations have been pursuant to policies established by other FEDERAL EMERGENCY published in newspapers of local Federal, state or regional entities. MANAGEMENT AGENCY circulation and ninety (90) days have elapsed since that publication. The These modified elevations are used to 44 CFR Part 65 Associate Director has resolved any meet the floodplain management appeals resulting from this notification. requirements of the NFIP and are also Changes in Flood Elevation The modified base flood elevations used to calculate the appropriate flood Determinations are not listed for each community in insurance premium rates for new AGENCY: Federal Emergency this notice. However, this rule includes buildings built after these elevations are Management Agency, FEMA. the address of the Chief Executive made final, and for the contents in these Officer of the community where the buildings. ACTION: Final rule. modified base flood elevation The changes in base flood elevations determinations are available for SUMMARY: Modified base (1% annual are in accordance with 44 CFR 65.4. chance) flood elevations are finalized inspection. for the communities listed below. These The modifications are made pursuant National Environmental Policy Act modified elevations will be used to to section 206 of the Flood Disaster calculate flood insurance premium rates Protection Act of 1973, 42 U.S.C. 4105, This rule is categorically excluded for new buildings and their contents. and are in accordance with the National from the requirements of 44 CFR Part Flood Insurance Act of 1968, 42 U.S.C. 10, Environmental Consideration. No EFFECTIVE DATES: The effective dates for 4001 et seq., and with 44 CFR part 65. environmental impact assessment has these modified base flood elevations are For rating purposes, the currently been prepared. indicated on the following table and effective community number is shown revise the Flood Insurance Rate Map(s) and must be used for all new policies Regulatory Flexibility Act (FIRMs) in effect for each listed and renewals. The Associate Director, Mitigation community prior to this date. The modified base flood elevations ADDRESSES: The modified base flood are the basis for the floodplain Directorate, certifies that this rule is elevations for each community are management measures that the exempt from the requirements of the available for inspection at the office of community is required to either adopt Regulatory Flexibility Act because the Chief Executive Officer of each or to show evidence of being already in modified base flood elevations are community. The respective addresses effect in order to qualify or to remain required by the Flood Disaster are listed in the following table. qualified for participation in the Protection Act of 1973, 42 U.S.C. 4105, FOR FURTHER INFORMATION CONTACT: National Flood Insurance Program. and are required to maintain community Matthew B. Miller, P.E., Chief, Hazards These modified elevations, together eligibility in the National Flood Study Branch, Mitigation Directorate, with the floodplain management criteria Insurance Program. No regulatory Federal Emergency Management required by 44 CFR 60.3, are the flexibility analysis has been prepared.

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Regulatory Classification Executive Order 12778, Civil Justice PART 65Ð[AMENDED] Reform This final rule is not a significant 1. The authority citation for part 65 regulatory action under the criteria of This rule meets the applicable continues to read as follows: section 3(f) of Executive Order 12866 of standards of section 2(b)(2) of Executive Order 12778. Authority: 42 U.S.C. 4001 et seq.; September 30, 1993, Regulatory Reorganization Plan No. 3 of 1978, 3 CFR, Planning and Review, 58 FR 51735. List of Subjects in 44 CFR Part 65 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Executive Order 12612, Federalism Flood insurance, Floodplains, This rule involves no policies that Reporting and recordkeeping § 65.4 [Amended] have federalism implications under requirements. 2. The tables published under the Executive Order 12612, Federalism, Accordingly, 44 CFR part 65 is authority of § 65.4 are amended as dated October 26, 1987. amended to read as follows: follows:

Dates and name of State and county Location newspaper where no- Chief executive officer of com- Effective date of Community tice was published munity modification No.

North Carolina: Mecklenburg (FEMA Docket City of Charlotte September 4, 1998, The Honorable Pat McCrory, August 28, 370159 B No. 7269). September 11, Mayor of the City of Charlotte, 1998. 1998, Charlotte Ob- 600 East 4th Street, Char- server. lotte, North Carolina 28202. Cabarrus (FEMA Docket No. City of Concord September 4, 1998, The Honorable George W. Liles, December 10, 370037 D 7269). September 11, Mayor of the City of Concord, 1998. 1998, The Inde- P.O. Box 308, Concord, North pendent Tribune. Carolina 28026. Cabarrus (FEMA Docket No. Unincorporated September 4, 1998, Mr. Frank Cliffton, Manager of December 10, 370036 D 7269). Areas. September 11, 1998 Cabarrus County, P.O. Box 1998. The Independent 707, Concord, North Carolina Tribune. 28026±0707. Delaware: New Castle (FEMA Unincorporated September 8, 1998, Mr. Thomas P. Gordon, Execu- December 14, 105085 F Docket No. 7269). Areas. September 15, tive of New Castle County, 1998. 1998, The News Louis L. Redding City/County Journal. Building, 800 French Street, Wilmington, Delaware 19801. Illinois: Will (FEMA Docket No. Village of Plain- July 29, 1998, August Mr. Terrance Burghard, Village July 22, 1998 ... 170771 E 7269). field. 5, 1998, The Enter- of Plainfield Administrator, Lily prise. Cache Plaza, 23145 West Lincoln Highway, Plainfield, Il- linois 60544. Tennessee: Shelby (FEMA Docket No. City of Bartlett .. October 2, 1998, Oc- The Honorable Bobby K. September 25, 470175 E 7273). tober 9, 1998, The Flaherty, Mayor of the City of 1998. Commercial Appeal. Bartlett, 6400 Stage Road, Bartlett, Tennessee 38134. Shelby (FEMA Docket No. Unincorporated October 2, 1998, Oc- Mr. Jim Kelley, Shelby County September 25, 470214 E 7273). Areas. tober 9, 1998, The Chief Officer, 160 North Main 1998. Commercial Appeal. Street, Suite 850, Memphis, Tennessee 38103. Ohio: Franklin (FEMA Docket No. City of Grove October 7, 1998, Oc- The Honorable Cheryl L. Gross- September 28, 390173 G 7273). City. tober 14, 1998, man, Mayor of the City of 1998. Grove City Record. Grove City, P.O. Box 427, Grove City, Ohio 43123±0427. Lorain (FEMA Docket No. City of Avon ..... October 14, 1998, Oc- The Honorable James A. Smith, October 6, 1998 390348 C 7273). tober 21, 1998, The Mayor of the City of Avon, Morning Journal. 36080 Chester Road, Avon, Ohio 44011±1588. Florida: Broward (FEMA Docket City of Pom- May 22, 1998, May The Honorable William F. Grif- April 24, 1998 .. 120055 F No. 7273). pano Beach. 29, 1998, Sun-Sen- fin, Mayor of the City of Pom- tinel. pano Beach, P.O. Drawer 1300, 100 West Atlantic Bou- levard, Pompano Beach, Flor- ida 33060. Maine: Knox (FEMA Docket No. Town of South May 21, 1998, May Mr. John Spear, First Select- May 13, 1998 .. 230078 B 7273). Thomaston. 28, 1998, The Cou- man, Town of South rier Gazette. Thomaston, P.O. Box 147, South Thomaston, Maine 04858. Minnesota:

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Dates and name of State and county Location newspaper where no- Chief executive officer of com- Effective date of Community tice was published munity modification No.

Hennepin (FEMA Docket No. City of Maple March 25, 1998, April The Honorable Robert A. Bur- March 18, 1998 270169 B 7273). Grove. 1, 1998, Osseo- lingame, Mayor of the City of Maple Grove Press. Maple Grove, P.O. Box 1180, 9401 Fernbrook Lane, Maple Grove, Minnesota 55311± 6180. Olmsted (FEMA Docket No. Unincorporated March 6, 1998, March Mr. Richard Devlin, Olmsted February 27, 270626 D 7273). Areas. 13, 1998, Post Bul- County Administrator, 151 4th 1998. letin. Street, S.E., Rochester, Min- nesota 55904. Ohio: Lorain (FEMA Docket No. City of North March 18, 1998, The Honorable Deanna C. Hill, March 9, 1998 390352 C 7273). Ridgeville. March 25, 1998, Mayor of the City of North The Press & Light. Ridgeville, 7307 Avon Belden Road, North Ridgeville, Ohio 44039. Minnesota: Olmsted (FEMA City of Roch- March 6, 1998, March The Honorable Chuck Caufield, February 27, 275246 Docket No. 7273). ester. 13, 1998, Post-Bul- Mayor of the City of Roch- 1998. letin. ester, 201 4th Street, S.E., Rochester, Minnesota 55904± 3782. New Jersey: Hunterdon (FEMA Township of March 12, 1998, Mr. Ralph E. Blakeslee, III, June 17, 1998 340516 B Docket No. 7273). Tewksbury. March 19, 1998, Township Administrator for Hunterdon County the Township of Tewksbury, Democrat. 169 Old Turnpike Road, Califon, New Jersey 07830. Illinois: Cook and Lake (FEMA Village of Bar- September 10, 1998, Mr. Ronald Hamelberg, Village December 16, 170057 F Docket No. 7273). rington. September 17, of Barrington President, 206 1998. 1998, Barrington South Hough Street, Bar- Courier-Review. rington, Illinois 60010.

(Catalog of Federal Domestic Assistance No. community. The respective addresses For rating purposes, the currently 83.100, ‘‘Flood Insurance’’) are listed in the following table. effective community number is shown Michael J. Armstrong, FOR FURTHER INFORMATION CONTACT: and must be used for all new policies Associate Director for Mitigation. Matthew B. Miller, P.E., Chief, Hazards and renewals. [FR Doc. 99–5767 Filed 3–8–99; 8:45 am] Study Branch, Mitigation Directorate, The modified base flood elevations BILLING CODE 6718±04±P Federal Emergency Management are the basis for the floodplain Agency, 500 C Street SW., Washington, management measures that the DC 20472, (202) 646–3461, or (e-mail) community is required to either adopt FEDERAL EMERGENCY [email protected]. or to show evidence of being already in MANAGEMENT AGENCY effect in order to qualify or to remain SUPPLEMENTARY INFORMATION: The qualified for participation in the 44 CFR Part 65 Federal Emergency Management Agency National Flood Insurance Program makes the final determinations listed (NFIP). Changes in Flood Elevation below of the final determinations of These modified elevations, together Determinations modified base flood elevations for each with the floodplain management criteria community listed. These modified AGENCY: required by 44 CFR 60.3, are the Federal Emergency elevations have been published in Management Agency (FEMA). minimum that are required. They newspapers of local circulation and should not be construed to mean that ACTION: Final rule. ninety (90) days have elapsed since that the community must change any publication. The Associate Director has existing ordinances that are more SUMMARY: Modified base (1% annual resolved any appeals resulting from this chance) flood elevations are finalized stringent in their floodplain notification. management requirements. The for the communities listed below. These The modified base flood elevations modified elevations will be used to community may at any time enact are not listed for each community in stricter requirements of its own, or calculate flood insurance premium rates this notice. However, this rule includes for new buildings and their contents. pursuant to policies established by other the address of the Chief Executive Federal, State, or regional entities. EFFECTIVE DATES: The effective dates for Officer of the community where the These modified elevations are used to these modified base flood elevations are modified base flood elevation meet the floodplain management indicated on the following table and determinations are available for requirements of the NFIP and are also revise the Flood Insurance Rate Map(s) inspection. used to calculate the appropriate flood in effect for each listed community prior The modifications are made pursuant insurance premium rates for new to this date. to Section 206 of the Flood Disaster buildings built after these elevations are ADDRESSES: The modified base flood Protection Act of 1973, 42 U.S.C. 4105, made final, and for the contents in these elevations for each community are and are in accordance with the National buildings. available for inspection at the office of Flood Insurance Act of 1968, 42 U.S.C. The changes in base flood elevations the Chief Executive Officer of each 4001 et seq., and with 44 CFR Part 65. are in accordance with 44 CFR 65.4.

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National Environmental Policy Act Regulatory Classification List of Subjects in 44 CFR Part 65 This rule is categorically excluded This final rule is not a significant Flood insurance, Floodplains, from the requirements of 44 CFR Part regulatory action under the criteria of Reporting and recordkeeping 10, Environmental Consideration. No Section 3(f) of Executive Order 12866 of requirements. environmental impact assessment has September 30, 1993, Regulatory Accordingly, 44 CFR Part 65 is been prepared. Planning and Review, 58 FR 51735. amended to read as follows: Regulatory Flexibility Act Executive Order 12612, Federalism PART 65Ð[AMENDED] The Associate Director for Mitigation This rule involves no policies that 1. The authority citation for Part 65 certifies that this rule is exempt from have federalism implications under continues to read as follows: the requirements of the Regulatory Executive Order 12612, Federalism, Authority: 42 U.S.C. 4001 et seq.; Flexibility Act because modified base dated October 26, 1987. Reorganization Plan No. 3 of 1978, 3 CFR, flood elevations are required by the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Executive Order 12778, Civil Justice Flood Disaster Protection Act of 1973, 3 CFR, 1979 Comp., p. 376. Reform 42 U.S.C. 4105, and are required to § 65.4 [Amended] maintain community eligibility in the This rule meets the applicable 2. The tables published under the NFIP. No regulatory flexibility analysis standards of Section 2(b)(2) of Executive authority of § 65.4 are amended as has been prepared. Order 12778. follows:

Dates and name of Effective date of Community State and county Location newspaper where notice Chief executive officer of community was published modification No.

California: San City of San Diego September 23, 1998, The Honorable Susan Golding, August 24, 1998 ...... 060295 Diego (FEMA September 30, 1998 Mayor, City of San Diego, 202 C Docket No. San Diego Union-Trib- Street, 11th Floor, San Diego, 7260). une. California 92101. Colorado: Jeffer- City of Lakewood October 15, 1998, Octo- The Honorable Linda Morton, September 24, 1998 .. 085075 son (FEMA ber 22, 1998, Jeffer- Mayor, City of Lakewood, 445 Docket No. son Sentinel. South Allison Parkway, Lake- 7260). wood, Colorado 80226±3105. Iowa: Polk (FEMA City of Des October 16, 1998, Octo- The Honorable Preston A. Daniels, January 21, 1999 ...... 190227 Docket No. Moines. ber 23, 1998, Des Mayor, City of Des Moines, 400 7260). Moines Register. East First Street, Des Moines, Iowa 50309. Polk (FEMA City of West Des October 16, 1998, Octo- The Honorable Gene Meyer, Mayor, January 21, 1999 ...... 190231 Docket No. Moines. ber 23, 1998, Western City of West Des Moines, P.O. 7260). Express. Box 65320, West Des Moines, Iowa 50265. Polk (FEMA City of Windsor October 16, 1998, Octo- The Honorable Donald C. Steele, January 21, 1999 ...... 190687 Docket No. Heights. ber 23, 1998, Western Mayor, City of Windsor Heights, 7260). Express. 1133 66th Street, Windsor Heights, Iowa 50311. Kansas: Kingman City of Kingman .. September 25, 1998, Oc- The Honorable Jack D. Ford, December 31, 1998 ... 200183 (FEMA tober 2, 1998, King- Mayor, City of Kingman, P.O. Box Docket No. man Leader Courier. 168, Kingman, Kansas 67068. 7260). Johnson City of Lenexa .... October 2, 1998, Octo- The Honorable Joan Bowman, September 2, 1998 ... 200168 (FEMA ber 9, 1998, Olathe Mayor, City of Lenexa, City Hall, Docket No. Daily News. 12350 West 87th Street Parkway, 7260). Lenexa, Kansas 66215. Johnson City of Olathe ...... September 23, 1998, The Honorable Larry L. Campbell, August 24, 1998 ...... 200173 (FEMA September 30, 1998, Mayor, City of Olathe, P.O. Box Docket No. Olathe Daily News. 768, Olathe, Kansas 66051±0768. 7260). New Mexico: City of Albuquer- October 8, 1998, Octo- The Honorable Jim Baca, Mayor, September 11, 1998 350002 Bernalillo, que. ber 15, 1998, Albu- City of Albuquerque, P.O. Box (FEMA Docket querque Journal. 1293 Albuquerque, New Mexico No. 7260). 87103. Nevada: Clark Unincorporated September 23, 1998, The Honorable Yvonne Atkinson August 28, 1998 ...... 320003 (FEMA Docket Areas. September 30, 1998, Gates, Chairperson, Clark County No. 7260). Las Vegas Review Board of Supervisors, 500 Grand Journal. Central Parkway, Las Vegas, Ne- vada 89155. Texas: Bexar (FEMA City of Alamo October 8, 1998, Octo- The Honorable Robert Biechlin, January 13, 1999 ...... 480036 Docket No. Heights. ber 15, 1998, North Mayor, City of Alamo Heights, 7260). San Antonio Times. 6116 Broadway, San Antonio, Texas 78209.

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Dates and name of State and county Location newspaper where notice Chief executive officer of community Effective date of Community was published modification No.

Denton City of Denton ..... September 23, 1998, The Honorable Jack Miller, Mayor, August 24, 1998 ...... 480194 (FEMA September 30, 1998, City of Denton, 215 East McKin- Docket No. Denton Record Chron- ney Street, Denton, Texas 76201. 7260). icle. Washington: City of Cosmop- October 15, 1998, Octo- The Honorable Jerry Raines, September 3, 1998 ... 530059 Grays Harbor olis. ber 22, 1998, Mayor, City of Cosmopolis, P.O. (FEMA Docket Montesano Vidette. Box G, Cosmopolis, Washington No. 7260). 98537.

(Catalog of Federal Domestic Assistance No. Matthew B. Miller, P.E., Chief, Hazards 10, Environmental Consideration. No 83.100, ‘‘Flood Insurance’’) Study Branch, Mitigation Directorate, environmental impact assessment has Dated: March 2, 1999. 500 C Street SW., Washington, DC been prepared. Michael J. Armstrong, 20472, (202) 646–3461, or (e-mail) Regulatory Flexibility Act Associate Director for Mitigation. [email protected]. [FR Doc. 99–5766 Filed 3–8–99; 8:45 am] SUPPLEMENTARY INFORMATION: The The Associate Director for Mitigation BILLING CODE 6718±04±P modified base flood elevations are not certifies that this rule is exempt from listed for each community in this the requirements of the Regulatory interim rule. However, the address of Flexibility Act because modified base FEDERAL EMERGENCY the Chief Executive Officer of the flood elevations are required by the MANAGEMENT AGENCY community where the modified base Flood Disaster Protection Act of 1973, flood elevation determinations are 42 U.S.C. 4105, and are required to 44 CFR Part 65 available for inspection is provided. maintain community eligibility in the [Docket No. FEMA±7276] Any request for reconsideration must NFIP. No regulatory flexibility analysis be based upon knowledge of changed had been prepared. conditions, or upon new scientific or Changes in Flood Elevation Regulatory Classification Determinations technical data. The modifications are made pursuant This interim rule is not a significant AGENCY: Federal Emergency to Section 201 of the Flood Disaster regulatory action under the criteria of Management Agency (FEMA). Protection Act of 1973, 42 U.S.C. 4105, Section 3(f) of Executive Order 12866 of ACTION: Interim rule. and are in accordance with the National September 30, 1993, Regulatory Flood Insurance Act of 1968, 42 U.S.C. Planning and Review, 58 FR 51735. SUMMARY: This interim rule lists 4001 et seq., and with 44 CFR Part 65. communities where modification of the For rating purposes, the currently Executive Order 12612, Federalism base (1% annual chance) flood effective community number is shown This rule involves no policies that elevations is appropriate because of new and must be used for all new policies have federalism implications under scientific or technical data. New flood and renewals. Executive Order 12612, Federalism, insurance premium rates will be The modified base flood elevations dated October 26, 1987. calculated from the modified base flood are the basis for the floodplain elevations for new buildings and their management measures that the Executive Order 12778, Civil Justice contents. community is required to either adopt Reform DATES: These modified base flood or to show evidence of being already in This rule meets the applicable elevations are currently in effect on the effect in order to qualify or to remain for standards of Section 2(b)(2) of Executive dates listed in the table and revise the participation in the National Flood Order 12778. Flood Insurance Map(s) in effect prior to Insurance Program (NFIP). this determination for each listed These modified elevations, together List of Subjects in 44 CFR Part 65 community. with the floodplain management criteria Flood insurance, Floodplains, From the date of the second required by 44 CFR 60.3, are the Reporting and recordkeeping publication of these changes in a minimum that are required. They requirements. Accordingly, 44 CFR Part newspaper of local circulation, any should not be construed to mean that 65 is amended to read as follows: person has ninety (90) days in which to the community must change any request through the community that the existing ordinances that are more PART 65Ð[AMENDED] Associate Director for Mitigation stringent in their floodplain 1. The authority citation for Part 65 reconsider the changes. The modified management requirements. The continues to read as follows: elevations may be changed during the community may at any time enact 90-day period. stricter requirements of its own, or Authority: 42 U.S.C. 4001 et seq.; pursuant to policies established by other Reorganization Plan No. 3 of 1978, 3 CFR, ADDRESSES: The modified base flood Federal, State, or regional entities. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, elevations for each community are The change in base flood elevations 3 CFR, 1979 Comp., p. 376. available for inspection at the office of are in accordance with 44 CFR 65.4. the Chief Executive Officer of each § 65.4 [Amended] community. The respective addresses National Environmental Policy Act 2. The tables published under the are listed in the following table. This rule is categorically excluded authority of § 65.14 are amended as FOR FURTHER INFORMATION CONTACT: from the requirements of 44 CFR Part follows:

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Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Arizona: Pima ...... Unincorporated January 13, 1999, Janu- The Honorable Mike Boyd, Chair- December 28, 040073 Areas. ary 20, 1999, The Ari- person, Pima County, Board of Su- 1998. zona Daily Star. pervisors, 130 West Congress, Fifth Floor, Tucson, Arizona 85701. Pima ...... Unincorporated January 20, 1999, Janu- The Honorable Mike Boyd, Chair- January 5, 1999 ... 040073 Areas. ary 27, 1999, Arizona person, Pima County, Board of Su- Daily Star. pervisors, 130 West Congress, Fifth Floor, Tucson, Arizona 85701. Arkansas: Washington ... City of Fayetteville January 8, 1999, January The Honorable Fred Hanna, Mayor, December 17, 050216 15, 1999, Morning City of Fayetteville, 113 West 1998. News. Mountain, Fayetteville, Arkansas 72701. Crittenden ..... City of West Mem- January 12, 1999, Janu- The Honorable Ward L. Wimbish, December 18, 050055 phis. ary 19, 1999, Evening Public Works Director/Floodplain 1998. Times. Manager, P.O. Box 1728, West Memphis, Arkansas 72303. California: Ventura Unincorporated January 8, 1999, January The Honorable Judy Mikels, Chair- December 23, 060413 Areas. 15, 1999, Ventura person, County of Ventura, 3855±F 1998. County Star. Alamo Street, Simi Valley, Califor- nia 93063. Iowa: Johnson ...... City of Coralville ... January 13, 1999, Janu- The Honorable Jim Fausett, Mayor, December 18, 190169 ary 20, 1999, Iowa City City of Coralville, 814 14th Avenue, 1998. Press-Citizen. Coralville, Iowa 52241. Johnson ...... City of Iowa City ... January 13, 1999, Janu- The Honorable Ernie Lehman, Mayor, December 18, 190171 ary 20, 1999, Iowa City City of Iowa City, 410 East Wash- 1998. Press-Citizen. ington Street, Iowa City, Iowa 52240. Kansas: Sedgwick City of Wichita ...... January 19, 1999, Janu- The Honorable Bob Knight, Mayor, January 7, 1999 ... 200328 ary 26, 1999, Wichita City of Wichita, City Hall, 455 North Eagle. Main Street, Wichita, Kansas 67202. Missouri: St. City of Eureka ...... January 6, 1999, January The Honorable Robert A. Berry, April 13, 1999 ...... 290349 Louis. 13, 1999, Tri-County Mayor, City of Eureka, P.O. Box Journal. 125, Eureka, Missouri 63025. Oregon: Marion ...... Unincorporated January 22, 1999, Janu- The Honorable Randy Franke, Chair- December 22, 410154 Areas. ary 29, 1999, States- man, Marion County, Board of 1998. man Journal. Commissioners, County Court- house, 100 High Street, Northeast, Salem, Oregon 97301. Marion ...... City of Salem ...... January 22, 1999, Janu- The Honorable Michael Swaim, December 22, 410167 ary 29, 1999, States- Mayor, City of Salem, 555 Liberty 1998. man Journal. Street, Room 220, Salem, Oregon 97301. Texas: Dallas ...... City of Dallas ...... January 13, 1999, Janu- The Honorable Ron Kirk, Mayor, City December 11, 480171 ary 20, 1999, Dallas of Dallas, City Hall, 1500 Marilla, 1998. Morning News. Dallas, Texas 75201. El Paso ...... City of El Paso ..... January 12, 1999, Janu- The Honorable Carlos M. Ramirez, December 21, 480214 ary 19, 1999, El Paso Mayor, City of El Paso, Two Civic 1998. Times. Center Plaza, El Paso, Texas 79901±1196. Tarrant ...... City of Fort Worth January 12, 1999, Janu- The Honorable Kenneth Barr, Mayor, December 14, 480596 ary 19, 1999, Fort City of Fort Worth, 1000 1998. Worth Star-Telegram. Throckmorton Street, Fort Worth, Texas 76102±6311. Bexar ...... City of San Anto- January 22, 1999, Janu- The Honorable Howard Peak, Mayor, December 21, 480045 nio. ary 29, 1999, San Anto- City of San Antonio, P.O. Box 1998. nio Express-News. 839966, San Antonio, Texas 78283±3966. Washington: Grays Harbor Unincorporated January 22, 1999, Janu- The Honorable Dick Dickson, Chair- January 6, 1999 ... 530057 Areas. ary 29, 1999, Aberdeen man, Board of Commissioners, Daily World. Grays Harbor County, 100 West Broadway, Suite 1, Montesano, Washington 98563. Walla Walla ... City of Waitsburg January 7, 1999, January The Honorable Bill Zuger, Mayor, City December 8, 1998 530196 14, 1999, Waitsburg of Waitsburg, P.O. Box 35, Times. Waitsburg, Washington 99361.

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Dates and name of news- State and county Location paper where notice was Chief executive officer of community Effective date of Community published modification No.

Walla Walla ... Unincorporated January 7, 1999, January The Honorable Charles Maiden, December 8, 1998 530194 Areas. 14, 1999, Walla Walla Chairman, Walla Walla County, Union-Bulletin. Board of Commissioners, P.O. Box 1506, Walla Walla, Washington 99362.

(Catalog of Federal Domestic Assistance No. flood elevations and modified base September 30, 1993, Regulatory 83.100, ‘‘Food Insurance’’) flood elevations for each community Planning and Review, 58 FR 51735. Dated: February 26, 1999. listed. The proposed base flood Michael J. Armstrong, elevations and proposed modified base Executive Order 12612, Federalism. Associate Director for Mitigation. flood elevations were published in This rule involves no policies that [FR Doc. 99–5765 Filed 3–8–99; 8:45 am] newspapers of local circulation and an have federalism implications under opportunity for the community or BILLING CODE 6718±04±M Executive Order 12612, Federalism, individuals to appeal the proposed dated October 26, 1987. determinations to or through the FEDERAL EMERGENCY community was provided for a period of Executive Order 12778, Civil Justice MANAGEMENT AGENCY ninety (90) days. The proposed base Reform. flood elevations and proposed modified 44 CFR Part 67 base flood elevations were also This rule meets the applicable published in the Federal Register. standards of section 2(b)(2) of Executive Final Flood Elevation Determinations This final rule is issued in accordance Order 12778. with section 110 of the Flood Disaster AGENCY: Federal Emergency List of Subjects in 44 CFR Part 67 Protection Act of 1973, 42 U.S.C. 4104, Management Agency (FEMA). and 44 CFR part 67. Administrative practice and ACTION: Final rule. The Agency has developed criteria for procedure, Flood insurance, Reporting floodplain management in floodprone SUMMARY: Base (1% annual chance) and recordkeeping requirements. areas in accordance with 44 CFR part flood elevations and modified base 60. Accordingly, 44 CFR part 67 is flood elevations are made final for the Interested lessees and owners of real amended as follows: communities listed below. The base property are encouraged to review the flood elevations and modified base proof Flood Insurance Study and Flood PART 67Ð[AMENDED] flood elevations are the basis for the Insurance Rate Map available at the floodplain management measures that address cited below for each 1. The authority citation for part 67 each community is required either to community. continues to read as follows: adopt or to show evidence of being The base flood elevations and already in effect in order to qualify or Authority: 42 U.S.C. 4001 et seq.; modified base flood elevations are made Reorganization Plan No. 3 of 1978, 3 CFR, remain qualified for participation in the final in the communities listed below. National Flood Insurance Program 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Elevations at selected locations in each 3 CFR, 1979 Comp., p. 376. (NFIP). community are shown. EFFECTIVE DATES: The date of issuance of § 67.11 [Amended] the Flood Insurance Rate Map (FIRM) National Environmental Policy Act. showing base flood elevations and This rule is categorically excluded 2. The tables published under the modified base flood elevations for each from the requirements of 44 CFR Part authority of § 67.11 are amended as community. This date may be obtained 10, Environmental Consideration. No follows: by contacting the office where the maps environmental impact assessment has are available for inspection as indicated been prepared. #Depth in feet above on the table below. Regulatory Flexibility Act. Source of flooding and location ground. ADDRESSES: The final base flood *Elevation The Associate Director, Mitigation in feet elevations for each community are Directorate, certifies that this rule is (NGVD) available for inspection at the office of exempt from the requirements of the the Chief Executive Officer of each MINNESOTA Regulatory Flexibility Act because final community. The respective addresses or modified base flood elevations are Blue Earth County (Unincor- are listed in the table below. required by the Flood Disaster porated Areas) (FEMA Docket No. 7267) FOR FURTHER INFORMATION CONTACT: Protection Act of 1973, 42 U.S.C. 4104, Minnesota River: Matthew B. Miller, P.E., Chief, Hazards and are required to establish and Study Branch, Mitigation Directorate, Approximately 1.25 miles maintain community eligibility in the downstream of down- Federal Emergency Management National Flood Insurance Program. No stream county boundary .... *769 Agency, 500 C Street SW., Washington, regulatory flexibility analysis has been Approximately 3.7 miles up- DC 20472, (202) 646–3461, or (email) prepared. stream of confluence of [email protected]. Minneopa Creek ...... *787 Blue Earth River: SUPPLEMENTARY INFORMATION: The Regulatory Classification. At Mankato corporate limits .. *785 Federal Emergency Management Agency This final rule is not a significant Approximately 1.06 miles up- (FEMA or Agency) makes final regulatory action under the criteria of stream of U.S. Highway determinations listed below of base section 3(f) of Executive Order 12866 of 169 ...... *785

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#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD) Maps available for inspection ÐÐÐ Maps available for inspection at the Blue Earth County Nicollet County (Unincor- at the Bensalem Township Government Center, 410 porated Areas) (FEMA Building, Office of Building South Fifth Street, Mankato, Docket No. 7267) and Planning, 2400 Byberry Minnesota. Road, Bensalem, Pennsyl- Minnesota River: vania. ÐÐÐ At the downstream county Courtland (City), Nicollet boundary ...... *748 ÐÐÐ County (FEMA Docket No. Approximately 0.20 mile up- Middletown (Township), 7267) stream of the Chicago & Bucks County (FEMA Minnesota River: North Western Railroad ..... *807 Docket No. 7255) At the downstream corporate Maps available for inspection Chub Run: limits ...... *800 at the Nicollet County Court- At upstream side of Gillam At the upstream corporate house, 501 South Minnesota Avenue ...... *196 limits ...... *804 Avenue, St. Peter, Min- Approximately 90 feet up- Maps available for inspection nesota. stream of Gillam Avenue ... *196 at the Courtland City Recre- ÐÐÐ Neshaminy Creek: ation Hall, Council Cham- North Mankato (City), At downstream corporate lim- bers/Clerks Office, 300 Rail- its ...... *23 road Street, Courtland, Min- Nicollet County (FEMA Docket No. 7267) At upstream corporate limits *86 nesota. Queen Anne Creek: Minnesota River: ÐÐÐ Approximately 750 feet Kasota (City), Le Sueur Approximately 0.9 mile up- downstream of Oxford Val- County (FEMA Docket No. stream of U.S. Highway 14 *777 ley Road ...... *71 7267) Approximately 2 miles up- Approximately 650 feet stream of U.S. Highway downstream of Oxford Val- Minnesota River: 169 ...... *786 Approximately 325 feet ley Road ...... *71 downstream of confluence Maps available for inspection Maps available for inspection of Shanaska Creek ...... *764 at the North Mankato City at the Middletown Township Approximately 1,800 feet up- Hall, 1001 Belgrade Avenue, Hall, 2140 Trenton Road, stream of the confluence North Mankato, Minnesota. Levittown, Pennsylvania. with the Minnesota River ÐÐÐ ÐÐÐ along Shanaska Creek ...... *764 St. Peter (City), Nicollet Approximately 1.06 miles up- County (FEMA Docket No. Perkasie (Borough), Bucks stream of confluence of 7267) County (FEMA Docket No. Shanaska Creek ...... *765 7255) Minnesota River: East Branch Perkiomen Creek: Maps available for inspection Approximately 1,500 feet at the Kasota City Hall, 200 downstream of State High- Downstream corporate limit .. *308 North Webster, Kasota, Min- way 99 ...... *759 Approximately 1,300 feet up- nesota. At the upstream corporate stream of East Callowhill ÐÐÐ limits ...... *765 Road ...... *31 Le Sueur (City), Le Sueur Maps available for inspection Maps available for inspection County (FEMA Docket No. at the City of St. Peter Public at the Perkasie Borough Hall, 7267) Works Department, St. Julian 311 South Ninth Street, Minnesota River: Street, St. Peter, Minnesota. Perkasie, Pennsylvania Approximately 0.47 mile up- stream of downstream cor- MISSISSIPPI TENNESSEE porate limits ...... *742 Upstream corporate limits ..... *748 Jackson (City), Hinds, Gordonsville (Town), Smith Rankin, and Madison County (FEMA Docket No. Maps available for inspection 7263) at the Le Sueur City Hall, Counties (FEMA Docket 203 South 2nd Street, Le No. 7267) Caney Fork River: Sueur, Minnesota. White Oak Creek: At the confluence of ÐÐÐ Approximately 739 feet up- Mullherrin Creek ...... *489 Approximately 0.3 mile up- Le Sueur County (Unincor- stream of Old Canton Road ...... *284 stream of the confluence of porated Areas) (FEMA Hickman Creek ...... *493 Docket No. 7267) Approximately 230 feet up- stream of Illinois Central Mullherrin Creek: Minnesota River: Railroad ...... *313 Approximately 25 feet up- At downstream county stream of Southern Rail- boundary ...... *740 Maps available for inspection at the Department of Public way ...... *489 Approximately 0.25 mile Approximately 1,100 feet up- downstream from upstream Works, 200 South President Street, Jackson, Mississippi. stream of State Route 53/ county boundary ...... *770 Carthage Road ...... *490 White Water Creek: At upstream Waterville cor- PENNSYLVANIA Hickman Creek: porate limits ...... *1,013 At the confluence with Caney Approximately 1,300 feet up- Bensalem (Township), Fork River ...... *492 stream from upstream Bucks County (FEMA Approximately 1.2 miles up- Waterville corporate limits *1,016 Docket No. 7255) stream of Southern Rail- way ...... *493 Maps available for inspection Neshaminy Creek: at the Le Sueur County Plan- Approximately 200 feet Maps available for inspection ning and Zoning Administra- downstream of Old Lincoln at the Gordonsville City Hall, tion, Environmental Services Highway ...... *49 63 East Main Street, Gor- Building, 88 South Park, Le Just downstream of Old Lin- donsville, Tennessee. Center, Minnesota. coln Highway ...... *49

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#Depth in ADDRESSES: The final base flood Regulatory Classification feet above elevations for each community are ground. This final rule is not a significant Source of flooding and location available for inspection at the office of *Elevation regulatory action under the criteria of in feet the Chief Executive Officer of each (NGVD) Section 3(f) of Executive Order 12866 of community. The respective addresses September 30, 1993, Regulatory are listed in the table below. ÐÐÐ Planning and Review, 58 FR 51735. Smith County (Unincor- FOR FURTHER INFORMATION CONTACT: porated Areas) (FEMA Executive Order 12612, Federalism Docket No. 7263) Matthew B. Miller, P.E., Chief, Hazards Caney Fork River: Study Branch, Mitigation Directorate, This rule involves no policies that At the confluence of Federal Emergency Management have federalism implications under Mulherrin Creek ...... *489 Agency, 500 C Street SW., Washington, Executive Order 12612, Federalism, Approximately 0.53 mile up- DC 20472, (202) 646–3461, or (e-mail) stream of the confluence of dated October 26, 1987. [email protected]. Hickman Creek ...... *493 Executive Order 12778, Civil Justice Mulherrin Creek: SUPPLEMENTARY INFORMATION: The Approximately 25 feet up- Reform stream of Southern Rail- Federal Emergency Management Agency way ...... *489 makes final determinations listed below This rule meets the applicable Approximately 1,250 feet up- of base flood elevations and modified standards of Section 2(b)(2) of Executive stream of State Route 53/ base flood elevations for each Order 12778. Carthage Road ...... *490 Hickman Creek: community listed. The proposed base List of Subjects in 44 CFR Part 67 At the confluence with Caney flood elevations and proposed modified Fork River ...... *492 base flood elevations were published in Administrative practice and Approximately 1.2 miles up- procedure, Flood insurance, Reporting stream of Southern Rail- newspapers of local circulation and an way ...... *493 opportunity for the community or and recordkeeping requirements. Maps available for inspection individuals to appeal the proposed Accordingly, 44 CFR Part 67 is at the Smith County Execu- determinations to or through the amended to read as follows: tive's Office, 122 Turner High community was provided for a period of Circle, Carthage, Tennessee. ninety (90) days. The proposed base PART 67Ð[AMENDED] (Catalog of Federal Domestic Assistance No. flood elevations and proposed modified base flood elevations were also 1. The authority citation for Part 67 83.100, ‘‘Flood Insurance.’’) continues to read as follows: Dated: March 2, 1999. published in the Federal Register. This final rule is issued in accordance Authority: 42 U.S.C. 4001 et seq.; Michael J. Armstrong, Reorganization Plan No. 3 of 1978, 3 CFR, Associate Director for Mitigation. with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, [FR Doc. 99–5764 Filed 3–8–99; 8:45 am] 3 CFR, 1979 Comp., p. 376. and 44 CFR Part 67. BILLING CODE 6718±04±P FEMA has developed criteria for § 67.11 [Amended] floodplain management in floodprone areas in accordance with 44 CFR Part 2. The tables published under the FEDERAL EMERGENCY authority of § 67.11 are amended as MANAGEMENT AGENCY 60. Interested lessees and owners of real follows: 44 CFR Part 67 property are encouraged to review the #Depth in proof Flood Insurance Study and FIRM feet above Final Flood Elevation Determinations ground. available at the address cited below for Source of flooding and location *Elevation AGENCY: Federal Emergency each community. in feet Management Agency (FEMA). The base flood elevations and (NGVD) ACTION: Final rule. modified base flood elevations are made Arkansas final in the communities listed below. SUMMARY: Base (1% annual chance) Elevations at selected locations in each Washington County (and In- flood elevations and modified base corporated Areas) (FEMA community are shown. Docket No. 7262) flood elevations are made final for the National Environmental Policy Act Scull Creek: communities listed below. The base Approximately 250 feet up- flood elevations and modified base This rule is categorically excluded stream of confluence with flood elevations are the basis for the from the requirements of 44 CFR Part Mud Creek ...... *1,179 floodplain management measures that Approximately 1,650 feet up- 10, Environmental Consideration. No stream of Sycamore Street *1,294 each community is required either to environmental impact assessment has Approximately 650 feet up- adopt or to show evidence of being been prepared. stream of College Avenue *1,399 already in effect in order to qualify or Clabber Creek Tributary C±2: remain qualified for participation in the Regulatory Flexibility Act At confluence with Clabber Creek ...... *1,161 National Flood Insurance Program The Associate Director for Mitigation Approximately 2,200 feet up- (NFIP). certifies that this rule is exempt from stream of confluence with EFFECTIVE DATE: The date of issuance of the requirements of the Regulatory Clabber Creek ...... *1,201 Hamestring Creek Tributary the Flood Insurance Rate Map (FIRM) Flexibility Act because final or modified HS2: showing base flood elevations and base flood elevations are required by the Approximately 200 feet up- modified base flood elevations for each Flood Disaster Protection Act of 1973, stream of confluence with community. This date may be obtained 42 U.S.C. 4104, and are required to Hamestring Creek ...... *1,192 Approximately 3,200 feet up- by contacting the office where the FIRM establish and maintain community stream of confluence with is available for inspection as indicated eligibility in the NFIP. No regulatory Hamestring Creek ...... *1,237 in the table below. flexibility analysis has been prepared. Clabber Creek Tributary C±1:

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#Depth in #Depth in #Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location *Elevation Source of flooding and location *Elevation Source of flooding and location *Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD) Approximately 200 feet up- Hamestring Creek Tributary TEXAS stream of confluence with HS3: Clabber Creek ...... *1,160 At confluence with Caldwell County (Unincor- Approximately 1,200 feet up- Hamestring Creek ...... *1,236 porated Areas) (FEMA stream of confluence with Approximately 125 feet up- Docket No. 7246) Tributary C1±A ...... *1,203 stream of Mount Comfort San Marcos River: Clabber Creek Tributary C1±A: Road ...... *1,260 Approximately 100 feet up- At confluence of Plum Creek *341 Hamestring Creek Tributary Just upstream of U.S. High- stream of confluence of HS1: Clabber Creek Tributary way 10 ...... *355 Approximately 600 feet Just upstream of U.S. High- C1 ...... *1,173 downstream of County Approximately 540 feet up- way 90 ...... *379 Road 882 ...... *1,126 Just upstream of State High- stream of County Road Approximately 220 feet up- 707 ...... *1,203 way 671 ...... *409 stream of Double Tree Just upstream of State High- Middle Fork Hamestring Creek: Drive ...... *1,223 Approximately 200 feet up- way 20 ...... *442 Cato Springs Branch: stream of confluence with Just upstream of Farm-to- Hamestring Creek ...... *1,220 At confluence with Town Market Road 1977 ...... *485 Branch ...... *1,221 Approximately 100 feet up- Just upstream of County stream of Porter House Approximately 2,500 feet up- Road 21 ...... *564 Road ...... *1,247 stream of Arkansas and Missouri Railroad ...... *1,252 Bypass Creek: North Fork Hamestring Creek: At confluence with San Approximately 20 feet up- Owl Creek: Approximately 700 feet Marcos River ...... *553 stream of confluence with Approximately 150 feet up- Hamestring Creek ...... *1,209 downstream of Double Springs Road (CR 27) ...... *1,173 stream of Camp Gary Ac- Approximately 500 feet up- cess Road ...... *577 stream of Route 71 ...... *1,256 Approximately 2,100 feet up- Clabber Creek: stream of Rupple Road ..... *1,247 Martindale Diversion: Approximately 20 feet up- Mud Creek Tributary: Approximately 2.8 miles stream of confluence with At confluence with Mud downstream of Farm-to- Hamestring Creek ...... *1,144 Creek ...... *1,226 Market Road 1979 at the Approximately 1,250 feet Approximately 1,500 feet up- convergence with San downstream of Thuckers stream of Azalea Drive ...... *1,316 Marcos River ...... *500 Drive ...... *1,197 Approximately 2,400 feet up- Just downstream of Farm-to- Approximately 100 feet up- stream of Sycamore Street *1,443 Market Road 1979 at the stream of Highway 71 ...... *1,223 divergence from San South Fork Hamestring Creek: Maps are available for in- Marcos River ...... *522 Just above confluence with spection at the Washington Brushy Creek: County Planning Office, Four Hamestring Creek ...... *1,237 Approximately 1 mile down- Approximately 2,300 feet up- South College Avenue, Suite 205, Fayetteville, Arkansas. stream of Highway 21 ...... *539 stream of Highway 71 ...... *1,273 Just upstream of Highway 21 Town Branch: Maps are available for in- spection at 113 West Moun- at the northwest county Approximately 1,250 feet boundary ...... *542 downstream of Armstrong tain, Fayetteville, Arkansas. Maps are available for in- Maps are available for in- Avenue ...... *1,189 spection at the Caldwell Approximately 2,000 feet up- spection at 2904 Main Drive, Johnson, Arkansas. County Courthouse, Main stream of Highway 71 ...... *1,273 and San Antonio Streets, Owl Creek Tributary 2: Lockhart, Texas. At confluence with Owl Creek *1,230 LOUISIANA Approximately 3,000 feet up- ÐÐÐ stream of confluence with Hammond (City), Victoria (City), Victoria Owl Creek ...... *1,252 Tangipahoa Parish (FEMA County (FEMA Docket No. Owl Creek Tributary 1: Docket No. 7262) 7262) At confluence with Owl Creek *1,227 Ponchatoula Creek: Whispering Creek: Approximately 3,100 feet up- Upstream of Illinois Central Just upstream of John stream of confluence with Gulf Railroad bridge ...... *45 Stockbauer Drive ...... *108 Owl Creek ...... *1,242 Approximately 4,000 feet up- Just downstream of Loop Hamestring Creek: stream of Yellow Water Di- 463 ...... *114 Approximately 200 feet version Canal ...... *46 downstream of County Approximately 3,640 feet up- Road 881 ...... *1,118 Maps are available for in- stream of Loop 463 ...... *118 Approximately 1,500 feet up- spection at the City of Ham- Maps are available for in- stream of Wedington Drive *1,250 mond City Hall, 310 East spection at the City of Vic- Scull Creek Tributary 2: Charles, Hammond, Louisi- toria City Hall, 700 Main At confluence with Scull ana. Center, Suite 115, Victoria, Creek ...... *1,214 ÐÐÐ Texas. Approximately 1,000 feet up- Ponchatoula (City), stream of confluence with Tangipahoa Parish (FEMA (Catalog of Federal Domestic Assistance No. Scull Creek ...... *1,225 Docket No. 7262) Sublet Creek: 83.100, ‘‘Flood Insurance’’) At confluence with Scull Ponchatoula Creek: Dated: March 2, 1999. Creek ...... *1,232 At U.S. Highway 51 ...... *17 Approximately 1,750 feet up- Approximately 6,200 feet up- Michael J. Armstrong, stream of Sycamore Street *1,383 stream of U.S. Highway 51 Associate Director for Mitigation. bridge ...... *21 Scull Creek Tributary 1: [FR Doc. 99–5763 Filed 3–8–99; 8:45 am] At confluence with Scull Maps are available for in- Creek ...... *1,195 spection at 125 West Hick- BILLING CODE 6718±04±P Approximately 1,200 feet up- ory, Ponchatoula, Louisiana. stream of Futrail Drive ...... *1,228

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DEPARTMENT OF COMMERCE 303(a)(10), requires that each FMP under Amendment 7. The Council is specify objective and measurable required to develop a rebuilding plan National Oceanic and Atmospheric criteria for identifying when stocks or for this stock within 1 year. Administration stock complexes covered by an FMP are Update the BSAI Crab FMP overfished and for rebuilding overfished 50 CFR Part 679 stocks. NMFS published national The 1989 BSAI Crab FMP does not [I.D. 111798A] standard guidelines (50 CFR part 600) to provide the reader with a clear provide comprehensive guidance for the understanding of conservation and RIN 0648±AL89 development of FMPs and FMP management measures that have been amendments that comply with the implemented for the BSAI crab Fisheries of the Exclusive Economic fisheries. The updated version of the Zone Off Alaska; Revision of Magnuson-Stevens Act. NMFS is required to notify a regional FMP incorporates: Six FMP Definitions of Overfishing, Maximum fishery management council once NMFS amendments; catch data and other Sustainable Yield, and Optimum Yield determines that overfishing is occurring, scientific information from the past 10 for the Crab and Scallop Fisheries a stock or stock complex is overfished, years; and changes due to amendments AGENCY: National Marine Fisheries a stock or stock complex is approaching to the Magnuson-Stevens Act and other Service (NMFS), National Oceanic and its minimum stock size threshold laws, a Russian/U.S. boundary Atmospheric Administration (NOAA), (MSST), or the rate or level of fishing agreement, and a Federal/State Action Commerce. mortality for a stock or stock complex is Plan. ACTION: Approval of fishery approaching maximum fishing mortality Scallops management plan amendments. threshold (MFMT). The regional fishery management council then must develop Amendment 6 to the scallop FMP SUMMARY: NMFS announces the a rebuilding plan within 1 year. improves management of the scallop approval of Amendment 7 to the Fishery In June 1998, the North Pacific fisheries by: (1) Preventing overfishing; Management Plan (FMP) for the Fishery Management Council (Council) (2) achieving OY on a continuing basis; Commercial King and Tanner Crab took final action on amendments to and (3) minimizing bycatch. Fisheries in the Bering Sea/Aleutian bring the BSAI crab and scallop FMPs Amendment 6 will amend the scallop Islands (BSAI crab FMP) and into compliance with the Magnuson- FMP by redefining overfishing, OY, and Amendment 6 to the FMP for the Stevens Act and the national standard MSY, to bring the FMP into compliance Scallop Fishery Off Alaska (scallop guidelines (50 CFR part 600). Each of with the Magnuson-Stevens Act. FMP). These amendments revise these amendments would redefine This amendment also adds definitions of overfishing, maximum overfishing, MSY, and OY based on the information to the FMP on State of sustainable yield (MSY), and optimum biology of the stock, the fishing history, Alaska bycatch monitoring and yield (OY) for the crab and scallop and the available scientific and fishery reduction programs. The Magnuson- fisheries. These actions are necessary to data. Stevens Act national standard 9 ensure that conservation and A notice of availability for the emphasizes the importance of management measures continue to be proposed Amendment 7 to the BSAI minimizing bycatch effects. based on the best scientific information crab FMP and proposed Amendment 6 Accordingly, Amendment 6 to the available and are intended to advance to the scallop FMP, which described the scallop FMP identifies implemented the Council’s ability to achieve, on a proposed amendments and invited bycatch reduction and monitoring continuing basis, the OY from fisheries comments from the public, was measures: at-sea catch sampling, area under its geographical area of authority. published in the Federal Register on closures, bycatch limits, and gear December 1, 1998 (63 FR 66112). restrictions. DATES: The amendments were approved The Council prepared an EA for each on March 3, 1999. Comments were invited until February 1, 1999. NMFS received two letters of amendment that describes the ADDRESSES: Copies of Amendment 7 to no comment, one from the U.S. Coast management background, the purpose the BSAI crab FMP, Amendment 6 to Guard and one from the U.S. and need for the action, the the scallop FMP, and the Environmental Department of State. management action alternatives, and the Assessment (EA) prepared for each environmental and socio-economic amendment are available from the North Bering Sea/Aleutian Islands King and impacts of the alternatives. A copy of Pacific Fishery Management Council, Tanner Crabs each EA can be obtained from the th 605 West 4 Ave., Suite 306, Amendment 7 to the BSAI crab FMP Council (see ADDRESSES). Anchorage, AK 99501–2252; telephone improves management of the BSAI crab The Director, Alaska Fisheries 907–271–2809. fisheries by: (1) Preventing overfishing; Science Center, NMFS, certified with FOR FURTHER INFORMATION CONTACT: (2) achieving OY on a continuing basis; reservations that the definitions of Gretchen Harrington, 907-586-7228 or and (3) updating the crab FMP with new overfishing for the crab and scallop [email protected]. information. Amendment 7 establishes fisheries comply with the provisions of SUPPLEMENTARY INFORMATION: criteria for estimating OY and the national standard guidelines at 50 overfishing levels for BSAI crab stocks. CFR 600.310(d)(5). These guidelines Background These criteria were developed by the require that overfishing definitions (1) National standard 1 of the Magnuson- BSAI Crab Plan Team based on species have sufficient scientific merit, (2) are Stevens Fishery Conservation and life history characteristics and trends in likely to result in effective Council Management Act (Magnuson-Stevens stock biomass estimates. The OY, MSY, action to protect the stock from closely Act) requires that conservation and and threshold levels in Amendment 7 approaching or reaching an overfished management measures shall prevent are based on the Magnuson-Stevens Act status, (3) provide a basis for objective overfishing while achieving, on a and the national standard guidelines. measurement of the status of the stock continuing basis, the optimum yield Currently, the Bering Sea C. bairdi against the criteria, and (4) are from fisheries in Federal waters. The Tanner crab spawning biomass is below operationally feasible. The crab and Magnuson-Stevens Act, in section the MSST, and is deemed ‘‘overfished,’’ scallop overfishing definitions satisfy

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Proposed Rules Federal Register Vol. 64, No. 45

Tuesday, March 9, 1999

This section of the FEDERAL REGISTER APHIS, suite 3C03, 4700 River Road fields are designated as restricted areas contains notices to the public of the proposed Unit 118, Riverdale, MD 20737–1238. for regulated articles other than seed issuance of rules and regulations. The Please state that your comments refer to under the following circumstances: (1) purpose of these notices is to give interested Docket No. 96–016–34. Comments The field was found during survey to persons an opportunity to participate in the received may be inspected at USDA, contain a bunted wheat kernel, (2) the rule making prior to the adoption of the final rules. room 1141, South Building, 14th Street field was planted with seed from a lot and Independence Avenue SW., found to contain a bunted wheat kernel, Washington, DC, between 8 a.m. and or (3) the field was found during survey DEPARTMENT OF AGRICULTURE 4:30 p.m., Monday through Friday, to contain spores consistent with Karnal except holidays. Persons wishing to bunt and has been determined to be Animal and Plant Health Inspection inspect comments are requested to call associated with grain at a handling Service ahead on (202) 690–2817 to facilitate facility containing a bunted wheat entry into the comment reading room. kernel. 7 CFR Part 301 FOR FURTHER INFORMATION CONTACT: Mr. • Surveillance areas. A surveillance [Docket No. 96±016±34] Stephen Poe, Operations Officer, area is a distinct definable area where Domestic and Emergency Operations, Karnal bunt is not known to exist but RIN 0579±AA83 PPQ, APHIS, 4700 River Road Unit 134, where intensive surveys are required Karnal Bunt; Reclassification of Riverdale, MD 20737–1236; telephone because of the area’s proximity to a field Regulated Areas (301) 734–8899; fax 301–734–8584; e- found during survey to contain a bunted mail: [email protected]. kernel or because of its association with AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: grain at a handling facility containing a Inspection Service, USDA. bunted kernel. ACTION: Proposed rule. Background For the purposes of the production Karnal bunt is a fungal disease of and movement of wheat, durum wheat, SUMMARY: We are proposing to amend wheat (Triticum aestivum), durum and triticale, the regulatory restrictions the Karnal bunt regulations by removing wheat (Triticum durum), and triticale that currently apply to each category the current restricted and surveillance (Triticum aestivum X Secale cereale), a vary. Wheat, durum wheat, and triticale area categories of regulated areas and hybrid of wheat and rye. Karnal bunt is may not be planted in a restricted area replacing them with a single caused by the smut fungus Tilletia for regulated articles other than seed. classification. As part of this proposed indica (Mitra) Mundkur and is spread Those crops may be grown in a change in the regulations, we would by spores, primarily through the surveillance area and moved out of the release from regulation most of the areas movement of infected seed. In the regulated area as grain with a certificate currently designated as restricted areas absence of measures taken by the U.S. if tested and found free from Karnal for seed; remove the prohibition on Department of Agriculture (USDA) to bunt or with a limited permit if bunted planting wheat, durum wheat, and prevent its spread, the establishment of kernels are detected during testing. triticale in fields associated with Karnal Karnal bunt in the United States could Commercial lots of wheat, durum bunt; and remove the cleaning have significant consequences with wheat, or triticale seed grown in a requirement for vegetables grown in regard to the export of wheat to surveillance area may not be moved out those fields. Removing those areas international markets. The regulations of the regulated area. Finally, wheat, currently designated as restricted areas regarding Karnal bunt in the United durum wheat, and triticale may be for seed from the regulations would States are set forth in ‘‘Subpart—Karnal grown as grain or seed in a restricted greatly reduce the total area in the Bunt’’ (7 CFR 301.89–1 through 301.89– area for seed; grain grown in a restricted southwestern United States that is 14, referred to below as the regulations). area for seed may be moved from the regulated for Karnal bunt, and removing The regulations in § 301.89–3(e) regulated area without restriction, and the planting prohibition and the currently provide three classification seed grown in a restricted area for seed vegetable cleaning requirement would categories for fields or areas within an may be moved from the regulated area ease restrictions on field owners in the area regulated for Karnal bunt. Those if it meets certain eligibility criteria and regulated areas. We are also proposing categories are: has been tested and treated. to amend the list of regulated areas to • Restricted areas for seed. A In this document, we are proposing to add several fields or areas in three restricted area for seed is a distinct amend the regulations by simplifying Arizona counties to the list of regulated definable area that includes at least one the classification criteria for regulated areas. These proposed additions to the field that has been (1) found during articles; removing the prohibition on list of regulated areas are necessary due survey to contain a bunted wheat planting wheat, durum wheat, and to the detection of bunted kernels in kernel, (2) planted with seed from a lot triticale in fields associated with Karnal fields in those counties during 1998. found to contain a bunted wheat kernel, bunt; and modifying the descriptions of DATES: Consideration will be given only or (3) found during survey to contain the regulated areas in Arizona, to comments received on or before April spores consistent with Karnal bunt and California, New Mexico, and Texas to 8, 1999. determined to be associated with grain reflect the elimination of the restricted ADDRESSES: Please send an original and at a handling facility containing a area for seed classification and to add three copies of your comments to bunted wheat kernel. new areas of Arizona in which bunted Docket No. 96–016–34, Regulatory • Restricted areas for regulated kernels were detected during sampling Analysis and Development, PPD, articles other than seed. Individual conducted in 1998. We are also

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11393 proposing to remove the requirement for criteria, a field or area would be bunted kernels.) Given the high degree cleaning soil and plant debris from classified as a regulated area when: of certainty regarding the presence of vegetable crops grown in fields • It is a field planted with seed from Karnal bunt in those fields, we believe associated with Karnal bunt. These a lot found to contain a bunted wheat that there is a higher risk that Karnal proposed changes are discussed below. kernel; or bunt might be spread from the fields • It is a distinct definable area that through natural or artificial means. Reclassification of Regulated Areas contains at least one field that was Therefore, the proposed classification As discussed above, the current found during survey to contain a bunted criteria, like the existing classification regulations provide for fields and areas wheat kernel (the distinct definable area criteria, provide for the fields to be to be classified as restricted areas for may include an area where Karnal bunt surrounded by buffer areas—i.e., seed, restricted areas for regulated is not known to exist but where distinct definable areas—that are articles other than seed, and intensive surveys are required because sufficient to ensure that the appropriate surveillance areas. In this document we of the area’s proximity to a field found testing and cleaning measures are are proposing to remove those three during survey to contain a bunted applied to regulated articles before they kernel); or are moved out of the regulated area in categories and replace them with a • single classification, ‘‘regulated area.’’ It is a distinct definable area that order to minimize the risk that they will The proposed new regulated area contains at least one field that was artificially spread Karnal bunt. As is the classification would be the same as the found during survey to contain spores case under the current regulations, the current surveillance area classification consistent with Karnal bunt and has boundaries of the distinct definable area in most respects, both in terms of the been determined to be associated with would be determined using the criteria areas under regulation and the grain at a handling facility containing a in paragraphs (b) through (d) of requirements for the production and bunted wheat kernel (the distinct § 301.89–3, which provide for regulating movement of regulated articles. In those definable area may include an area less than an entire State, the inclusion instances where there are individual where Karnal bunt is not known to exist of noninfected acreage in a regulated but where intensive surveys are fields listed in the regulations and those area, and the temporary designation of required because of the area’s proximity fields are not surrounded by nonregulated areas as regulated areas. to a field that has been associated with surveillance areas—this is the case in The requirements that would apply to grain at a handling facility containing a New Mexico, western Texas (El Paso the movement of grain grown in a bunted kernel). regulated area would be the same as the and Hudspeth Counties), and parts of These proposed criteria combine Arizona (all of Yuma County and requirements that are currently found in some aspects of the three sets of criteria § 301.89–6(b) regarding the movement limited areas of Maricopa and Pinal currently used to classify restricted and Counties)—those individual fields of grain grown in a surveillance area. surveillance areas. As under the existing Specifically, to be eligible for would themselves be designated as classification criteria, it is the link regulated areas. unrestricted movement under a between a field and bunted kernels that certificate, grain from a field within a The proposed elimination of the would lead to a field or area being regulated area would have to be tested restricted area for seed classification classified as a regulated area. That link and found free from bunted kernels would mean, in almost all cases, that is established when: (1) A field has been prior to its movement from the field or only those areas currently designated as determined to have been planted with before it was commingled with other surveillance areas or restricted areas for seed from a lot found to contain a grain. If bunted kernels were found, the regulated articles other than seed would bunted wheat kernel, (2) when the field grain would be eligible for movement remain under regulation. (The was found during survey to contain a only under a limited permit issued in exceptions would be found in La Paz, bunted kernel, or (3) when the field was accordance with § 301.89–6(c), which Maricopa, and Pinal Counties, AZ, found during survey to contain spores requires that the grain be moved to a where the proposed new regulated areas and the grain from that field has been specified destination for specified would include some areas currently associated with grain at a handling handling, utilization, or processing that designated as restricted areas for seed in facility found to contain bunted kernels. will destroy the Karnal bunt or mitigate order to reflect the detection of bunted In the first instance, it has only been the risk of its spread. The requirements kernels in new fields during 1998.) We established that a field was planted with that would apply to the movement of are proposing to eliminate the restricted seed from a lot found to contain bunted wheat, durum wheat, and triticale area for seed classification, along with kernels; it has not been established that grown as seed within a regulated area the testing and treatment requirements Karnal bunt is present in the field would also be the same as the that currently apply to commercial seed because no bunted kernels have been requirements that apply to the grown in those areas, because the data found in wheat grown in that field. For movement of seed grown in a we have accumulated during the last 3 that reason, the proposed classification surveillance area, i.e., only seed used for years of surveys indicates that Karnal criteria, like the existing classification research or germplasm purposes, and bunt is not present in the restricted criteria, do not provide for buffer or not commercial lots of seed, would be areas for seed. Given that apparent surveillance areas to be established eligible for movement from the freedom from Karnal bunt, we do not around the fields planted with seed regulated area. These requirements have believe that it is necessary to continue from a lot containing bunted kernels. proven adequate to prevent the placing restrictions on the movement of However, in the latter two instances, dissemination of Karnal bunt through seed from those areas currently it has been determined that Karnal bunt the movement of grain and seed grown designated as restricted areas for seed. is present in a field or that there is the in a surveillance area, and we believe We are proposing to revise § 301.89– very high likelihood that Karnal bunt is that they would be similarly effective in 3(e) to remove the classification criteria present in a field. (These are the fields preventing the spread of Karnal bunt for the three current restricted and that were found to contain bunted through the movement of grain and seed surveillance area categories and replace kernels or that were found to contain grown in a regulated area. them with criteria for classifying spores and were associated with grain in Currently, § 301.89–4 prohibits the regulated areas. Under these proposed a handling facility found to contain planting of wheat, durum wheat, and

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 11394 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules triticale in fields that are designated as fields to make their own planting The boundaries of the areas in La Paz restricted areas for regulated articles decisions while continuing to protect County that would be designated as other than seed. As part of our proposed against the spread of Karnal bunt from regulated areas are described in removal of the restricted area for the regulated areas. § 301.89–3(f) in the rule portion of this document. regulated articles other than seed Regulated Areas classification, we are also proposing to Under the current regulations, all of remove that planting prohibition. We We are proposing to amend the list of Maricopa County is designated as a are proposing this change because we regulated areas in § 301.89–3(f) to reflect restricted area for seed and 83 believe that the intended use of any the proposed removal of the restricted individual fields that had been found to wheat, durum wheat, and triticale and surveillance area classifications and contain bunted kernels (17 of the 83 grown in those currently restricted their replacement with a single fields) or that were determined to have fields, plus the efficacy of the available regulated area classification. As been planted with contaminated seed Karnal bunt testing methods, would discussed above, this proposed change (the remaining 66 fields) are designated together serve to reduce the risk of grain in the regulations would result in the as restricted areas for regulated articles removal of large areas in Arizona, grown in those fields spreading Karnal other than seed. Portions of the county California, New Mexico, and Texas— bunt outside the regulated areas. First, surrounding the 17 fields that had been those areas currently designated as we recognize that it is the movement of found to contain bunted kernels are restricted areas for seed—from the contaminated seed that presents the designated as surveillance areas. regulations. In Arizona, however, we Under this proposed rule, Maricopa greatest risk of spreading Karnal bunt. would add new fields or areas as County would no longer be designated Because of that, all wheat, durum regulated areas in La Paz, Maricopa, and as a restricted area for seed. In addition, wheat, and triticale grown in a currently Pinal Counties as a result of the 53 of the currently listed fields would restricted field would be prohibited detection of bunted kernels in new no longer be individually listed in the from being used as commercial seed fields during sampling conducted in regulations. One of those fields (field outside the regulated area. As is the case 1998. The regulated areas would no. 316131801) would be removed currently for seed grown in a continue to be listed alphabetically by entirely because homes have been built surveillance area, wheat, durum wheat, State, with regulated areas and fields on the land, so it is no longer or triticale grown anywhere in the within each State being listed by agricultural acreage. The remaining 52 proposed new regulated area, including county. Where individual fields are fields, along with 62 new fields that those currently restricted fields, could listed, they would be designated by were identified as containing bunted be used for seed outside the regulated specific field numbers. kernels during sampling conducted in area only as research or germplasm seed 1998, would fall within the proposed Arizona and only if it was treated in accordance new regulated areas in Maricopa with § 301.89–13(e) prior to its use. Under the current regulations, all of County. The regulated areas in Maricopa These limitations on the use of Karnal La Paz County is designated as a County would be roughly equivalent to bunt host crops as seed mean the vast restricted area for seed and four the currently described surveillance majority, if not all, of the wheat, durum individual fields that had been found to areas in the county, although the wheat, and triticale grown in the contain bunted kernels are designated as proposed areas would be larger than proposed new regulated area, including restricted areas for regulated articles their corresponding surveillance areas those currently restricted fields, would other than seed. Two portions of the due to the need to incorporate be sold as grain. Second, all wheat, county, each of which surrounds two of appropriate buffer areas around the 62 durum wheat, and triticale grown in the the four listed fields, are designated as new fields in which bunted kernels currently restricted fields would have to surveillance areas. were detected in 1998. The remaining be tested and found free from bunted Under this proposed rule, La Paz 30 currently listed fields that would not kernels prior to its movement from the County would no longer be designated fall within the larger regulated areas field or before it was commingled with as a restricted area for seed. In addition, would be individually designated as other grain to be eligible for unrestricted the four currently listed fields that fall regulated areas under this proposed movement under a certificate. That within the surveillance areas described rule. Descriptions of the boundaries of required testing, which is currently in the current regulations would no the areas in Maricopa County that required for Karnal bunt host crops longer be individually listed in the would be designated as regulated areas, grown in a surveillance area, has proven regulations. Those four fields, along along with a list of the 30 fields that to be an effective means of detecting the with three new fields in the northern would be designated as regulated areas, presence of Karnal bunt. If bunted surveillance area that were identified as are found in § 301.89–3(f) in the rule kernels were found, the grain would be containing bunted kernels during portion of this document. eligible for movement only under a sampling conducted in 1998, would fall Under the current regulations, all of limited permit, which requires that the within the proposed new regulated Pinal County is designated as a grain be moved to a specified areas in La Paz County, which are restricted area for seed and 10 destination for specified handling, equivalent to the surveillance areas in individual fields that had been found to utilization, or processing that will the county described in the current either contain bunted kernels (4 of the destroy the Karnal bunt or mitigate the regulations. The southern regulated area 10 fields) or were determined to have risk of its spread. Taken together, we would remain the same as the been planted with contaminated seed believe that these use limitations, surveillance area described in the (the remaining 6 fields) are designated testing requirements, and movement current regulations, while the northern as restricted areas for regulated articles restrictions would be sufficient to regulated area would be somewhat other than seed. A portion of the county prevent the spread of Karnal bunt from larger than its corresponding surrounding the four fields that had the previously restricted fields. We surveillance area due to the need to been found to contain bunted kernels believe our proposed removal of the incorporate an appropriate buffer area are designated as a surveillance area. planting prohibition would allow the around the three new fields in which Under this proposed rule, Pinal owners of those previously restricted bunted kernels were detected in 1998. County would no longer be designated

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11395 as a restricted area for seed. In addition, designated as a regulated area, along 55 fields were designated as the four currently listed fields that fall with a list of the 20 fields that would surveillance areas. within the surveillance area described be designated as regulated areas, is Under this proposed rule, there would in the current regulations would no contained in § 301.89–3(f) in the rule no longer be any restricted areas for longer be individually listed in the portion of this document. seed in Imperial and Riverside Counties, regulations. Those four fields, along Under the current regulations, all of and those portions of Imperial and with nine new fields that were Yuma County is designated as a Riverside Counties currently designated identified as containing bunted kernels restricted area for seed, and 26 fields as surveillance areas would be during sampling conducted in 1998, that had been identified as having been redesignated as regulated areas. The would fall within the proposed new planted with contaminated seed are proposed new regulated areas in regulated area in Pinal County, which is listed as restricted areas for regulated Imperial and Riverside Counties would, roughly equivalent to the currently articles other than seed. Because there however, be somewhat smaller than the described surveillance area in the were no fields found to contain bunted current surveillance areas. This is county. The remaining 2 currently listed wheat kernels in Yuma County—only because our Karnal bunt program staff fields (field nos. 308102604 and fields planted with contaminated seed— and State cooperators in California have 308102605), along with 13 new fields the current regulations contain no adjusted the boundaries to make them that would be added based on their surveillance areas in Yuma County. more accurate by removing association with a bunted kernel Under this proposed rule, Yuma nonagricultural acreage and areas detected in a storage facility in Casa County would no longer be designated outside the 3-mile buffer that has been Grande, AZ, would be individually as a restricted area for seed, which generally used to establish surveillance listed as regulated areas under this would leave the individual fields listed areas. We would also remove the list of proposed rule. in the regulations as the only regulated the 55 individual fields in Riverside Although those 13 fields were areas within Yuma County. Although County from the regulations because associated with a bunted kernel the proposed regulations list 40 fields those fields, along with four new fields detected in a storage facility, they would rather than the 26 currently listed in the that were identified as containing be added as regulated areas without a regulations, we are not proposing to bunted kernels during sampling surrounding buffer area. The storage place any new fields under regulatory conducted in 1998, all fall within the facility in which the bunted kernel was restrictions. Rather, the increase is area described in the proposed new found had been used in 1997 to store attributable to nine of the fields listed in regulated area in Riverside County. The Karnal-bunt-positive grain, so the the current regulations being subdivided boundaries of the proposed regulated possibility was raised that the kernel by their owners into two or more fields areas in Imperial and Riverside Counties was from the 1997 positive lot rather in order to plant other crops. A list of are set forth in the description of than the 1998 crop, even though the the 40 fields in Yuma County that regulated areas contained in § 301.89– facility had been cleaned and treated would be designated as regulated areas 3(f) in the rule portion of this document. with sodium hypochlorite after the 1997 is contained in § 301.89–3(f) in the rule New Mexico crop was removed. Because the 1997 portion of this document. Under the current regulations, there and 1998 lots were of different durum California wheat varieties, we attempted to settle are 106 fields in New Mexico listed as that question by submitting the bunted Under the current regulations, the restricted areas for regulated articles kernel to the Agricultural Research Bard-Winterhaven area of Imperial other than seed: 39 in Dona Ana County, Service laboratory in Lincoln, NE, to County, CA, is designated as a restricted 2 in Hidalgo County, 31 in Luna County, confirm its variety. Although the bunted area for seed. The area received that and 34 in Sierra County. These fields kernel showed a number of similarities designation because it abuts Yuma were designated as restricted areas for to the 1998 variety, the results of the County, AZ, and fell within a distinct regulated articles other than seed protein analysis did not allow us to definable wheat production area that because they had been identified as conclusively determine the bunted included fields in Yuma County that having been planted with contaminated kernel’s variety. Without such a were planted with contaminated seed. seed. A restricted area for seed confirmation, and given the fact that Because we are proposing to eliminate surrounds the fields in each county. other fields in the areas have previously the restricted area for seed Because there were no fields found to been sampled and found free from classification, and because the Bard- contain bunted wheat kernels in New Karnal bunt, there is some degree of Winterhaven area did not include any Mexico—only fields planted with uncertainty as to the Karnal bunt status restricted areas for regulated articles contaminated seed—the current of those fields. However, in the absence other than seed or surveillance areas, we regulations contain no surveillance of negative survey data to the contrary, are proposing to remove the Bard- areas in the State. we cannot exclude the possibility that Winterhaven area of Imperial County Under this proposed rule, those same the bunted kernel may have come from from the regulations. individual fields that were planted with one of the 13 fields. We believe, The regulations in § 301.89–3(f) also contaminated seed would be designated therefore, that it would be appropriate currently list 55 fields in the Palo Verde as the regulated areas in New Mexico, to designate the 13 fields individually as Valley area of Riverside County, CA, as and there would no longer be a regulated areas without establishing restricted areas for regulated articles restricted area for seed in New Mexico. surrounding buffer areas. This would other than seed based on the detection Again, because there were no fields allow us to address the potential risks of spores in those fields and the fields’ found to contain bunted kernels in New associated with those fields by ensuring association with bunted kernels found Mexico, we do not believe it would be that Karnal bunt host crops grown in in a storage facility. Based on the necessary to designate any buffer areas those fields would be tested for bunted restricted status of those fields, around the fields designated as kernels before they could be moved surrounding portions of Imperial and regulated areas, so those fields would be from the regulated area. Riverside Counties were designated as the only regulated areas within New A description of the boundaries of the restricted areas for seed, and portions of Mexico. We have, however, modified area in Pinal County that would be those counties in closer proximity to the the numbering convention used to

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 11396 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules identify the individual fields in New Hudspeth Counties, as opposed to the set forth in the description of regulated Mexico in this proposed rule. These 24 fields listed in the current areas contained in § 301.89–3(f) in the proposed new numerical designations, regulations, we are not proposing to rule portion of this document. which were made possible as a result of place a new field under regulatory Changes Associated With the more up-to-date mapping information, restrictions. Rather, the additional entry Reclassification of Regulated Areas would allow us to number the fields in occurred as a result of one large field in a manner consistent with the system El Paso County being subdivided under Paragraph (d) of § 301.89–6 provides used by our Karnal bunt program staff the new numbering system. The the eligibility criteria for the movement in Arizona and central Texas. Although individual fields that would be the of commercial lots of seed grown in a the proposed regulations list 118 fields regulated areas in El Paso and Hudspeth restricted area for seed. Among those in New Mexico, as opposed to the 106 Counties are listed in the description of criteria is a requirement that the seed be fields listed in the current regulations, regulated areas contained in § 301.89– treated in accordance with § 301.89– we are not proposing to place any new 3(f) in the rule portion of this document. 13(f), which pertains exclusively to the fields under regulatory restrictions. In San Saba County, the 18 fields treatment of commercial lots of seed. Rather, the increase is attributable to currently listed as restricted areas for Because we are proposing to remove the three large fields in Dona Ana County regulated articles other than seed were restricted area for seed classification, and one large field in Luna County identified as a result of the detection of the eligibility criteria for movement of being subdivided under the new bunted kernels during the National commercial lots of seed grown in a numbering system. The individual Karnal Bunt Survey. Based on those restricted area for seed, as well as the fields that would be the regulated areas detections, surrounding portions of associated treatment regimen, would no in New Mexico are listed in the McCulloch and Mills Counties and all of longer be necessary. Therefore, we are description of regulated areas contained San Saba County were designated as proposing to remove § 301.89–6(d) and in § 301.89–3(f) in the rule portion of restricted areas for seed, and portions of § 301.89–13(f) from the regulations. this document. McCulloch, Mills, and San Saba In § 301.89–1, the term distinct Counties in closer proximity to the 18 definable area is defined as ‘‘A Texas fields were designated as surveillance commercial wheat production area of The regulations in § 301.89–3(f) areas. contiguous fields that is separated from currently describe restricted areas for Under this proposed rule, Mills other wheat production areas by desert, seed in 5 Texas counties (El Paso, County would be entirely removed from mountains, or other nonagricultural Hudspeth, McCulloch, Mills, and San the regulations. No fields in Mills terrain as determined by an inspector, Saba), 42 fields designated as restricted County have been linked to Karnal bunt, or, in the case of restricted areas, as areas for regulated articles other than and the grain grown in the small area of determined by an inspector based on seed in 3 counties (20 in El Paso, 4 in the county that is in the current survey results.’’ Because we are Hudspeth, and 18 in San Saba), and surveillance area is used for forage and proposing to remove the restricted area surveillance areas in 3 counties is not moved out of the immediate area. for seed classification and the restricted (McCulloch, Mills, and San Saba). Based on those considerations, we area for regulated articles other than In El Paso and Hudspeth Counties, the consider Mills County to be a low pest seed classification, the reference to 24 fields currently listed as restricted risk area, and we believe that removing ‘‘restricted areas’’ in that definition is no areas for regulated articles other than it from the regulations would not longer necessary. Therefore, we would seed were identified as having been increase the risk of Karnal bunt amend the definition of distinct planted with contaminated seed, and spreading to new areas of Texas or the definable area by removing the words the areas surrounding those fields are United States. ‘‘or, in the case of restricted areas, as designated as restricted areas for seed. In addition, there would no longer be determined by an inspector.’’ We would Because there were no fields found to any restricted areas for seed in retain the reference to the use of survey contain bunted wheat kernels in El Paso McCulloch and San Saba Counties, and results because, as explained and Hudspeth Counties—only fields those portions of McCulloch and San previously, survey results have been planted with contaminated seed—there Saba Counties that are currently used in determining the boundaries of are no surveillance areas in those two designated as surveillance areas would the proposed regulated areas described counties. be redesignated as regulated areas. in this proposed rule. Under this proposed rule, there would Those proposed new regulated areas in Paragraph (b) of § 301.89–6 currently no longer be any restricted areas for McCulloch County and the eastern states the eligibility criteria for the seed in El Paso and Hudspeth Counties, portion of San Saba County would, movement under certificate of grain which would leave those 24 fields as the however, be somewhat smaller than the from a surveillance area. Because those only regulated areas within El Paso and current surveillance areas. This is criteria would continue to apply to the Hudspeth Counties. However, as was because our Karnal bunt program staff movement under certificate of grain described above with regard to New and State cooperators in Texas have grown in a regulated area, and because Mexico, we have modified the adjusted the boundaries to make them we have proposed to remove the numbering convention used to identify more accurate by removing surveillance area classification, we are the individual fields in El Paso and nonagricultural acreage and areas proposing to amend § 301.89–6(b) by Hudspeth Counties in this proposed outside the 3-mile buffer that has been removing the reference to ‘‘a rule. These proposed new numerical generally used to establish surveillance surveillance area’’ and replacing it with designations, which were made possible areas. We would also remove the list of a reference to ‘‘a regulated area.’’ as a result of more up-to-date mapping the 18 individual fields in San Saba information, would allow us to number County from the regulations because Cleaning of Vegetable Crops the fields in a manner consistent with they all fall within the area described in We are proposing to remove the the system used by our Karnal bunt this proposed rule as the regulated area requirement for the cleaning of soil and program staff in Arizona and central in San Saba County. The boundaries of plant debris from vegetable crops grown Texas. Although the proposed the proposed new regulated areas in in fields that are restricted areas for regulations list 25 fields in El Paso and McCulloch and San Saba Counties are regulated articles other than seed. We

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11397 are proposing to remove this Even though the restricted area for as restricted areas for regulated articles requirement, which is currently located regulated articles other than seed other than seed. in § 301.89–12(b), for two reasons. First, classification would be removed under Wheat seed growers with fields in as noted previously, some of the this proposed rule, those fields restricted areas for seed lying outside proposed new regulated areas in currently designated as such would the surveillance areas would also California, parts of Arizona, and central remain under regulation because they benefit from the proposal to modify the Texas would be distinct definable areas would still either be part of a regulated classification of regulated areas, since rather than individually listed fields. area or would themselves be regulated most would no longer be regulated. In With those field numbers no longer areas. However, this proposed rule the absence of regulation, they would be being listed in the regulations, there would have the effect of relaxing the able to grow and move commercial would be no distinction made between restrictions that currently apply to the wheat seed without restriction. formerly restricted fields and the other fields. Growers would have the option Currently, these growers can move fields in those regulated areas, and thus of planting wheat, durum wheat, or commercial wheat seed outside the no clear way to identify those fields triticale in the fields, which is an option regulated area only if it tests negative for from which the vegetable crops would that is not currently available to them. Karnal bunt, is chlorine drenched, and require cleaning. Secondly, we believe, Wheat, durum wheat, or triticale grown is treated with a fungicide. Growers bear based on our experience in as grain (not seed) in those fields would the cost of treatment, not testing. The administering the Karnal bunt program, be eligible for unrestricted movement cost of seed treatment varies widely that the intended use of the products under a certificate if it were tested and among seed handlers, depending largely (consumption) and normal business found free from bunted kernels prior to on labor and overhead costs. One practices (cleaning and grading of the its movement from the field or before it handler, for example, calculated the crops) are sufficient to mitigate the risk was commingled with other grain. If total cost of treating 100 lbs. of seed at of vegetable crops spreading Karnal bunted kernels were found, the grain $7.10, while another handler calculated bunt to other areas of the United States. would still be eligible for movement, that cost at $3.10. Regardless of the cost, but only under a limited permit that there is reason to believe that most seed Executive Order 12866 and Regulatory requires that the grain be moved to a handlers would continue the fungicide Flexibility Act specified destination for specified treatments, even with the rule change in This proposed rule has been reviewed handling, utilization, or processing that effect, with the costs of those fungicide under Executive Order 12866. The rule will destroy the Karnal bunt or mitigate treatments continuing to be passed has been determined to be economically the risk of its spread. These are the same along to purchasers of the seed. (At least significant for the purposes of Executive conditions that apply to the movement several handlers routinely treated seed Order 12866 and, therefore, has been of grain from the current surveillance prior to 1996, i.e., before Karnal bunt reviewed by the Office of Management areas. was detected and restrictions were and Budget. There are about 60 growers currently imposed.) That, plus the likelihood that We are proposing to amend the Karnal located in restricted areas for regulated only a small portion of the acreage in bunt regulations by removing the articles other than seed (approximately the restricted areas for seed would be current restricted and surveillance area 18,000 agricultural acres). The number, planted with seed if the restrictions categories of regulated areas and if any, of these growers who would were lifted, suggest that the benefits of replacing them with a single plant wheat if they had the opportunity the proposed change would be minimal. classification. As part of this proposed to do so is unknown. In deciding on We estimate that only about 7 percent change in the regulations, we would whether to plant wheat rather than of the agricultural acreage in restricted release from regulation most of the areas another crop, growers would no doubt areas for seed is planted with wheat, currently designated as restricted areas weigh a variety of factors, including the and of that acreage, only about 10 for seed; remove the prohibition on likelihood of producing Karnal-bunt- percent is planted for seed. This planting wheat, durum wheat, and positive wheat, the likelihood of disparity in favor of grain over seed is triticale in fields associated with Karnal receiving compensation for any positive not expected to change in the near term, bunt; and remove the cleaning wheat that is produced, and the regardless of any regulatory changes, requirement for vegetables grown in profitability of the alternative crop given the current poor market those fields. We would also add several (which can be comparable, or nearly conditions for seed and the fact that fields or areas in three Arizona counties comparable, to the profitability of stored seed from previous years remains to the list of regulated areas based on wheat). However, information as to how available. There are approximately 563 the detection of bunted kernels in fields individual growers might respond to wheat growers in restricted areas for in those counties during 1998. those factors, and thus whether or not seed. The restricted areas for seed Our proposed modifications to the they would choose to resume planting currently encompass about 1,958,000 way regulated areas are classified would wheat, is not available. agricultural acres, or 88 percent of the benefit the growers who have fields that Vegetable growers with fields total regulated area of 2,214,000 are currently designated as restricted currently designated as restricted areas agricultural acres. areas for regulated articles other than for regulated articles other than seed Wheat growers in surveillance areas seed and fields that are located in would also benefit from the proposed would be largely unaffected by the restricted areas for seed lying outside removal of that regulatory category, as it proposal, because they would remain the surveillance areas. Growers in the would result in the lifting of the current regulated and would be subject to the current surveillance areas would be cleaning requirement that applies to same restrictions on the movement of largely unaffected by the proposed vegetables grown in those fields. The regulated articles that they are now. changes. Removing those areas currently benefit is not likely to be significant for There are 149 wheat growers in designated as restricted areas for seed most growers, however, since about 90 surveillance areas, which together from the regulations would greatly percent of the soil is routinely removed comprise about 239,000 agricultural reduce the total area in the from vegetables during harvesting acres. southwestern United States that is anyway. There are currently about 10 Also, the proposed rule would add regulated for Karnal bunt. vegetable growers with fields designated certain areas in Arizona to the list of

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 11398 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules regulated areas due to the detection of other than seed and those in restricted in the case of restricted areas, as bunted kernels in those areas during areas for seed would benefit from the determined by an inspector’’. sampling conducted in 1998. Because proposal to modify the classification of 3. In § 301.89–3, paragraphs (e) and (f) all of these new areas are located in regulated areas. The proposal to add would be revised to read as follows: areas currently designated as restricted certain areas in Arizona currently § 301.89±3 Regulated areas. areas for seed, their proposed located in restricted areas for seed to the designation as regulated areas under list of regulated areas would have a * * * * * this proposed rule is not expected to negative impact on affected growers. (e) The Administrator will classify a have a significant effect. The changes However, for the reasons discussed field or area as a regulated area when: that would result from the proposed above, neither aspect of the proposed (1) It is a field planted with seed from redesignation would be that commercial rule is expected to have a significant a lot found to contain a bunted wheat lots of wheat seed would no longer be economic impact on a substantial kernel; or eligible for movement from those areas number of entities, large or small. (2) It is a distinct definable area that contains at least one field that was and grain grown in those areas would Under these circumstances, the found during survey to contain a bunted have to be tested for bunted kernels Administrator of the Animal and Plant wheat kernel (the distinct definable area before being moved from the regulated Health Inspection Service has may include an area where Karnal bunt area. We do not believe that these determined that this action would not is not known to exist but where changes would have a significant have a significant economic impact on intensive surveys are required because economic impact on growers in the a substantial number of small entities. proposed new regulated areas because, of the area’s proximity to a field found as noted above, little commercial seed is Executive Order 12372 during survey to contain a bunted actually produced in restricted areas for This program/activity is listed in the kernel); or seed, alternative crops may be planted Catalog of Federal Domestic Assistance (3) It is a distinct definable area that without restriction, and grain may be under No. 10.025 and is subject to contains at least one field that was grown subject to testing prior to Executive Order 12372, which requires found during survey to contain spores movement from the regulated area. intergovernmental consultation with consistent with Karnal bunt and has been determined to be associated with Small Entity Impact State and local officials. (See 7 CFR part 3015, subpart V.) grain at a handling facility containing a The Regulatory Flexibility Act bunted wheat kernel (the distinct requires that agencies consider the Executive Order 12988 definable area may include an area economic impact of rule changes on This proposed rule has been reviewed where Karnal bunt is not known to exist small businesses, organizations, and under Executive Order 12988, Civil but where intensive surveys are governmental jurisdictions. Those Justice Reform. If this proposed rule is required because of the area’s proximity entities most likely to be affected by this adopted: (1) All State and local laws and to a field that has been associated with proposed rule are wheat growers located regulations that are inconsistent with grain at a handling facility containing a in the restricted areas for seed that this rule will be preempted; (2) no bunted kernel). would no longer be regulated, vegetable retroactive effect will be given to this (f) The following areas or fields are growers who would no longer have to rule; and (3) administrative proceedings designated as regulated areas (maps of clean their crops before movement, and will not be required before parties may the regulated areas may be obtained by wheat growers located in areas that file suit in court challenging this rule. contacting the Animal and Plant Health would be added to the regulated areas Inspection Service, Plant Protection and due to the detection of Karnal bunt in Paperwork Reduction Act Quarantine, 4700 River Road Unit 134, 1998. This proposed rule contains no new Riverdale, MD 20737–1236): We estimate that there are information collection or recordkeeping ARIZONA approximately 588 wheat growers (324 requirements under the Paperwork La Paz County. Beginning at the point in Arizona, 21 in California, 200 in New Reduction Act of 1995 (44 U.S.C. 3501 Mexico, and 43 in Texas) located in where the Colorado River intersects the et seq.). restricted areas for seed lying outside north side of sec. 32, T. 8 N., R. 21 W.; the surveillance areas that would no List of Subjects in 7 CFR Part 301 then east to the northeast corner of sec. longer be regulated. We estimate that Agricultural commodities, Plant 36, T. 8 N., R. 21 W.; then south to the there are currently 60 growers of non- diseases and pests, Quarantine, southeast corner of sec. 1, T. 6 N., R. 21 wheat crops located in restricted areas Reporting and recordkeeping W.; then west to the southwest corner of for regulated articles other than seed requirements, Transportation. sec. 6, T. 6 N., R. 21 W.; then north to who would no longer be required to the intersection of the Colorado River; clean their crops as a condition of Accordingly, we are proposing to then northwest along the Colorado River movement. Finally, we estimate that amend 7 CFR part 301 as follows: to the point of beginning; and there are seven wheat growers in PART 301ÐDOMESTIC QUARANTINE Beginning at the northeast corner of Arizona who have fields located in the NOTICES sec. 22, T. 6 N., R. 21 W.; then south to restricted areas for seed that would be the southeast corner of sec. 34, T. 5 N., added to the list of regulated areas. Most 1. The authority citation for part 301 R. 21 W.; then west to the Colorado of the wheat growers are assumed to would continue to read as follows: River; then north along the Colorado have gross receipts of less than $0.5 Authority: 7 U.S.C. 147a, 150bb, 150dd, River to the northern side of sec. 21, T. million, the U.S. Small Business 150ee, 150ff, 161, 162, and 164–167; 7 CFR 6 N., R. 22 W.; then east to the point of Administration’s threshold for 2.22, 2.80, and 371.2(c). beginning. classifying wheat producers as small Maricopa County. Beginning at the entities. Accordingly, the impact of the § 301.89±1 [Amended] southeast corner of sec. 33, T. 6 S., R. rule will be mostly on small entities. 2. In § 301.89–1, the definition of 5 W.; then west to the southwest corner Growers currently located in distinct definable area would be of sec. 32, T. 6 S., R. 7 W.; then north restricted areas for regulated articles amended by removing the words ‘‘, or, to the northwest corner of sec. 5, T. 5

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S., R. 7 W.; then east to the northeast 304082303 321033501 corner of sec. 4, T. 5 S., R. 5 W.; then 304082607 321033502 south to the point of beginning; and 304082703 321033503 Beginning at the southeast corner of 306013222 321033516 sec. 25, T. 1 S., R. 1 E. and the 306013231 321033517 intersection of the Maricopa/Pinal 306020404 321033518 County line; west to the southwest 306020501 321033519 corner of sec. 28, T. 1 S., R. 5 W.; then 306020601 321040405 north to the northwest corner of sec. 4, 306020623 321040911 T. 1 N., R. 5 W.; then east to the 316131901 321040912 southwest corner of sec. 31, T. 2 N., R. 316131904 321040915 2 W.; then north to the northwest corner 316132302 321040917 of sec. 31, T. 4 N., R. 2 W.; then east to 316132604 321040918 the northeast corner of sec. 36, T. 4 N., Pinal County. Beginning at the 321040921 R. 1 W.; then south to the southeast intersection of the Maricopa/Pinal 321040922 corner of sec. 36, T. 4 N., R. 1 W.; then County line and the northwest corner of 321041903 east to the northeast corner of sec. 5, T. sec. 6, T. 2 S., R. 8 E.; then east to the 321041904 3 N., R. 2 E.; then south to the southeast northeast corner of sec. 2, T. 2 S., R. 8 321041908 corner of sec. 32, T. 2 N., R. 2 E.; then E.; then south to the southeast corner of 321041919 east to the northeast corner of sec. 6, T. sec. 14, T. 3 S., R. 8 E.; then west to the 321042903 1 N., R. 3 E.; then south to the southeast southeast corner of sec. 14, T. 3 S., R. 323030401 corner of sec. 7, T. 1 S., R. 3 E.; then 6 E.; then south to the southeast corner 323030402 west to the southwest corner of sec. 10, of sec. 26, T. 4 S., R. 6 E.; then west to 323030403 T. 1 S., R. 2 E.; then south to the the southeast corner of sec. 26, T. 4 S., 323030404 southeast corner of sec. 28, T. 1 S., R. R. 4 E.; then south to the southeast 323030405 2 E.; then west to the intersection of the corner of sec. 22, T. 6 S., R. 4 E.; then 323030406 323030501 Maricopa/Pinal county line; then north, west to the southwest corner of sec. 19, 323030502 west and south along the county line to T. 6 S., R. 3 E.; then north to the 323030512 the point of beginning; and southeast corner of sec. 13, T. 6 S., R. 323030513 Beginning at the intersection of 2 E.; then west to the southwest corner 323030514 Interstate 10 and the Maricopa/Pinal of sec. 16, T. 6 S., R. 2 E.; then north 323030515 County line; then east and north along to the northwest corner of sec. 9, T. 4 323030521 the county line to the northeast corner S., R. 2 E.; then east to the southwest of sec. 1, T. 2 S., R. 7 E.; then west to corner of sec. 6, T. 4 S., R. 4 E.; then California the southeast corner of sec. 31, T. 1 S., north to the northwest corner of sec. 6, Imperial County. Beginning at the R. 7 E.; then north to the northeast T. 4 S., R. 4 E.; then east to the intersection of the Riverside/ Imperial corner of sec. 31, T. 1 N., R. 7 E.; then northwest corner of sec. 6, T. 4 S., R. 5 County line and the California/Arizona west to the northwest corner of sec. 31, E.; then north to the intersection of the State line; then west to the northwest T. 1 N., R. 6 E.; then north to the Maricopa/Pinal County line; then east corner of sec. 1, T. 9 S., R. 21 E.; the northeast corner of sec. 1, T. 2 N., R. 5 and north along the county line to the south to the California/ Arizona State E.; then west to the northwest corner of point of beginning; and line; then east and north along the State sec. 6, T. 2 N., R. 5 E.; then south to the The following individual fields in line to the point of beginning. southwest corner of sec. 31, T. 2 N., R. Pinal County are regulated areas: Riverside County. Beginning at the 5 E.; then west to the northwest corner 308102604 intersection of the Riverside/ Imperial of sec. 2, T. 1 N., R. 4 E.; then south to 308102605 County line and the California/Arizona the northwest corner of sec. 35, T. 1 S., 309021801 State line; then west to the southwest R. 4 E.; then east to the intersection of 309021804 corner of sec. 31, T. 8 S., R. 22 E.; then Interstate 10; then south and east to the 309021812 north to the northwest corner of sec. 30, point of beginning; and 309031304 T. 7 S., R. 22 E.; then north and The following individual fields in 309033507 northeast along the Palo Verde Valley Maricopa County are regulated areas: 309042544 agriculture area to the intersection of the 301060505 309042545 California/Arizona State line; then south 301060506 309042601 along the State line to the point of 301060601 309042607 beginning. 301060602 309042619 301060603 309050104 New Mexico 301060604 309050109 Dona Ana County. The following 304073004 309050207 individual fields in Dona Ana County 304073005 Yuma County. The following are regulated areas: 304073010 individual fields in Yuma County are 113040501 304081410 regulated areas: 113040502 304081413 321010208 113040506 304081415 321010210 113040507 304081417 321010211 113040508 304081505 321010224 113040601 304081506 321010301 113040602 304082202 321010302 113040702 304082302 321011103 113040902

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 11400 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules

113042601 129301806 441252801 113042602 129302001 441252803 113042707 129302702 441252804 113042708 129303302 441252901 113043401 129440601 441253201 113043407 129440602 441253302 113043503 129440701 441253401 113043508 129440702 Hudspeth County. The following 113043509 129440703 individual fields in Hudspeth County 113050201 129440708 are regulated areas: 113050202 129440801 429050701 113050301 129441701 429050702 113060701 Sierra County. The following 429070101 113060702 individual fields in Sierra County are 429070102 113060703 regulated areas: 113060801 McCulloch County. Beginning at the 151013401 McCulloch/San Saba County line and 113060809 151441201 113060901 the line of latitude 31.232299 N.; then 151441202 west along the line of latitude 31.232299 113060902 151441306 113070702 N. to the line of longitude -99.13473 W.; 151442201 then north along the line of longitude 113072701 151442601 113072702 -99.13473 W to the line of latitude 151442602 31.31004 N.; then east along the line of 113072703 151442603 113072704 latitude 31.31004 N. to the line of 151442604 longitude -99.11427 W.; then north 113072705 151442605 113072706 along the line of longitude -99.11427 W 151442606 to the line of latitude 31.283487 N.; then 113173103 151442607 113210401 east along the line of latitude 31.283487 151442608 N. to the McCulloch/San Saba County 113210402 151442609 113210403 line; then south to the point of 151442610 beginning. 113210406 151442611 113210407 San Saba County. Beginning at the 151442612 San Saba/Mills County line and the line 113210808 151442613 113212103 of longitude -98.5851 W.; then south 151442614 along the line of longitude -98.5851 W 113212802 151442701 113212806 to the line of latitude 31.167959 N.; then 151443501 west along the line of latitude 31.167959 113241601 151443502 113242708 N. to the line of longitude -98.903233 151443503 W.; then north along the line of Hidalgo County. The following individual 151443601 fields in Hidalgo County are regulated areas: longitude -98.903233 W. to the line of 151443602 latitude 31.310819 N.; then east along 123272403 151443603 123353001 the line of latitude 31.3100819 N. to the 151443604 San Saba/Mills County line; then south Luna County. The following 151451306 along the San Saba/Mills County line to individual fields in Luna County are 151453001 the point of beginning; and regulated areas: 151453101 Beginning at the San Saba/McCulloch 129011301 151453102 County line and the line of latitude 151453103 129012201 31.283487 N.; then east along the line of 151453104 129013003 latitude 31.283487 N. to the line of 151502801 129013006 longitude -99.063487 W.; then south 129022502 Texas along the line of longitude -99.063487 129060806 W. to the line of latitude 31.232299 N.; 129060901 El Paso County. The following then west along the line of latitude 129060902 individual fields in El Paso County are 31.232299 N. to the San Saba/ 129062001 regulated areas: McCulloch County line; then north 129062801 441141301 along the San Saba/McCulloch County 129062802 441142301 line to the point of beginning. 129232801 441142302 4. Section 301.89–4 would be revised 129232804 441142303 to read as follows: 129232805 441142304 129232806 441142305 § 301.89±4 Planting. 129292404 441142306 Wheat, durum wheat, and triticale 129300506 441142307 may be planted in all fields within a 129300608 441142401 regulated area. All wheat seed, durum 129301104 441142402 wheat seed, and triticale seed that 129301301 441142403 originates within a regulated area must 129301401 441142404 be tested and found free from spores 129301701 441241301 and bunted wheat kernels, then treated 129301801 441241302 with a fungicide in accordance with

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§ 301.89–13(d), before it may be planted Fort Worth, Texas. Comments may be Discussion within a regulated area. inspected at this location between 9:00 Transport Canada, which is the a.m. and 3:00 p.m., Monday through airworthiness authority for Canada, § 301.89±6 [Amended] Friday, except Federal holidays. 5. Section 301.89–6 would be recently notified the FAA that an unsafe The service information referenced in amended as follows: a. In paragraph (b), condition may exist on BHTC Model the proposed rule may be obtained from the word ‘‘surveillance’’ would be 206L–4 helicopters. Transport Canada Bell Helicopter Textron Canada, 12,800 removed and the word ‘‘regulated’’ advises that a manufacturing defect Rue de l’Avenir, Mirabel, Quebec would be added in its place. found on a valve could lead to JON1LO, telephone (800) 463–3036, fax b. Paragraph (d) would be removed intermittent loss of hydraulic pressure (514) 433–0272. This information may and paragraph (e) would be to the flight controls. be examined at the FAA, Office of the redesignated as paragraph (d). BHTC has issued Bell Helicopter Regional Counsel, Southwest Region, Textron Alert Service Bulletin No. § 301.89±12 [Amended] Room 663, Fort Worth, Texas. 206L–98–111, dated July 24, 1998, 6. In § 301.89–12, paragraph (b) would FOR FURTHER INFORMATION CONTACT: which specifies replacing the valve, part be removed and reserved. Mark Flora, Aerospace Engineer, FAA, number (P/N) 206–076–036–101, with a Rotorcraft Directorate, Rotorcraft better valve, P/N 206–076–036–105. § 301.89±13 [Amended] Certification Office, Fort Worth, Texas Transport Canada classified this service 7. In § 301.89–13, paragraph (f) would 76193–0170, telephone (817) 222–5172, bulletin as mandatory and issued AD be removed. fax (817) 222–5783. No. CF–98–34, dated September 10, Done in Washington, DC, this 3rd day of SUPPLEMENTARY INFORMATION: 1998, in order to assure the continued March 1999. airworthiness of these helicopters in Joan M. Arnoldi, Comments Invited Canada. Acting Administrator, Animal and Plant Interested persons are invited to This helicopter model is Health Inspection Service. participate in the making of the manufactured in Canada and is type [FR Doc. 99–5779 Filed 3–8–99; 8:45 am] proposed rule by submitting such certificated for operation in the United BILLING CODE 3410±34±P written data, views, or arguments as States under the provisions of section they may desire. Communications 21.29 of the Federal Aviation should identify the Rules Docket Regulations (14 CFR 21.29) and the DEPARTMENT OF TRANSPORTATION number and be submitted in triplicate to applicable bilateral airworthiness the address specified above. All agreement. Pursuant to this bilateral Federal Aviation Administration communications received on or before airworthiness agreement, Transport the closing date for comments, specified Canada has kept the FAA informed of 14 CFR Part 39 above, will be considered before taking the situation described above. The FAA [Docket No. 98±SW±62±AD] action on the proposed rule. The has examined the findings of the proposals contained in this notice may Transport Canada, reviewed all Airworthiness Directives; Bell be changed in light of the comments available information, and determined Helicopter Textron Canada (BHTC) received. that AD action is necessary for products of this type design that are certificated Model 206L±4 Helicopters Comments are specifically invited on for operation in the United States. the overall regulatory, economic, AGENCY: Federal Aviation Since an unsafe condition has been environmental, and energy aspects of Administration, DOT. identified that is likely to exist or the proposed rule. All comments ACTION: Notice of proposed rulemaking develop on other BHTC Model 206L–4 submitted will be available, both before (NPRM). of the same type design registered in the and after the closing date for comments, United States, the proposed AD would SUMMARY: This document proposes the in the Rules Docket for examination by require replacing the valve, P/N 206– adoption of a new airworthiness interested persons. A report 076–036–101, with an improved valve, directive (AD) that is applicable to summarizing each FAA-public contact P/N 206–076–036–105. The actions BHTC Model 206L–4 helicopters. This concerned with the substance of this would be required to be accomplished proposal would require replacing proposal will be filed in the Rules in accordance with the service bulletin certain hydraulic relief valves (valves) Docket. described previously. with airworthy valves. This proposal is Commenters wishing the FAA to prompted by a pilot’s report of acknowledge receipt of their comments Cost Impact intermittent hydraulic pressure in the submitted in response to this notice The FAA estimates that 78 helicopters flight controls that was caused by a must submit a self-addressed, stamped of U.S. registry would be affected by this defective hydraulic relief valve. The postcard on which the following proposed AD, that it would take actions specified by the proposed AD statement is made: ‘‘Comments to approximately 1 work hour per are intended to prevent intermittent Docket No. 98–SW–62–AD.’’ The helicopter to accomplish the proposed hydraulic pressure to the flight controls postcard will be date stamped and actions, and that the average labor rate and subsequent loss of control of the returned to the commenter. is $60 per work hour. Required parts helicopter. Availability of NPRMs would cost approximately $1,380. Based DATES: Comments must be received on on these figures, the total cost impact of or before May 10, 1999. Any person may obtain a copy of this the proposed AD on U.S. operators is ADDRESSES: Submit comments in NPRM by submitting a request to the estimated to be $112,320 to replace the triplicate to the Federal Aviation FAA, Office of the Regional Counsel, valve in the entire fleet. Administration (FAA), Office of the Southwest Region, Attention: Rules Regional Counsel, Southwest Region, Docket No. 98–SW–62–AD, 2601 Regulatory Impact Attention: Rules Docket No. 98–SW–62– Meacham Blvd., Room 663, Fort Worth, The regulations proposed herein AD, 2601 Meacham Blvd., Room 663, Texas 76137. would not have substantial direct effects

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 11402 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules on the States, on the relationship this AD; and, if the unsafe condition has not DATES: Comments must be received on between the national government and been eliminated, the request should include or before April 8, 1999. specific proposed actions to address it. the States, or on the distribution of ADDRESSES: Mail or deliver written power and responsibilities among the Compliance: Required within 300 hours comments to the Manager, Mail various levels of government. Therefore, time-in-service, unless accomplished previously. Preparation and Standards, USPS in accordance with Executive Order To prevent intermittent hydraulic pressure Headquarters, 475 L’Enfant Plaza SW, 12612, it is determined that this to the flight controls and subsequent loss of Room 6800, Washington, DC 20260– proposal would not have sufficient control of the helicopter, accomplish the 2405. Copies of all written comments federalism implications to warrant the following: will be available for inspection and preparation of a Federalism Assessment. (a) Remove hydraulic relief valve, part photocopying at USPS Headquarters For the reasons discussed above, I number (P/N) 206–076–036–101, and replace Library, 475 L’Enfant Plaza SW, 11th certify that this proposed regulation (1) it with an improved hydraulic relief valve, P/ Floor N, Washington, DC between 9 a.m. is not a ‘‘significant regulatory action’’ N 206–076–036–105, in accordance with the Accomplishment Instructions in Bell and 4 p.m., Monday through Friday. under Executive Order 12866; (2) is not Helicopter Textron Alert Service Bulletin No. FOR FURTHER INFORMATION CONTACT: a ‘‘significant rule’’ under the DOT 206L–98–111, dated July 24, 1998. Lynn M. Martin, (202) 268–6351. Regulatory Policies and Procedures (44 (b) An alternative method of compliance or SUPPLEMENTARY INFORMATION: Many FR 11034, February 26, 1979); and (3) if adjustment of the compliance time that packages of Periodicals and Standard provides an acceptable level of safety may be promulgated, will not have a significant Mail, tendered to the Postal Service economic impact, positive or negative, used if approved by the Manager, Rotorcraft Certification Office, Rotorcraft Directorate, either on pallets or in sacks, do not on a substantial number of small entities maintain their integrity during under the criteria of the Regulatory FAA. Operators shall submit their requests through an FAA Principal Maintenance transportation to postal plants and Flexibility Act. A copy of the draft Inspector, who may concur or comment and during postal processing. The Postal regulatory evaluation prepared for this then send it to the Manager, Rotorcraft Service must redirect the resulting loose action is contained in the Rules Docket. Certification Office. packages or broken packages (individual A copy of it may be obtained by Note 2: Information concerning the pieces) to manual operations for contacting the Rules Docket at the existence of approved alternative methods of additional processing. If packages lose compliance with this AD, if any, may be location provided under the caption their integrity while being processed on ADDRESSES. obtained from the Rotorcraft Certification Office. small parcel and bundle sorters (SPBSs), List of Subjects in 14 CFR Part 39 (c) Special flight permits may be issued in this can cause machine slowdowns and Air transportation, Aircraft, Aviation accordance with sections 21.197 and 21.199 stoppages, and can also result in these safety, Safety. of the Federal Aviation Regulations (14 CFR packages being manually processed by 21.197 and 21.199) to operate the helicopter postal employees. The Proposed Amendment to a location where the requirements of this Experience shows that packages that Accordingly, pursuant to the AD can be accomplished. are secured together using string or authority delegated to me by the Note 3: The subject of this AD is addressed rubber bands are the most likely to loose Administrator, the Federal Aviation in Transport Canada (Canada) AD No. CF– their integrity. A study performed on 98–34, dated September 10, 1998. Administration proposes to amend part behalf of the Postal Service Engineering 39 of the Federal Aviation Regulations Issued in Fort Worth, Texas, on March 1, and Development Center confirmed that 1999. (14 CFR part 39) as follows: packages prepared with string or rubber Eric Bries, bands are the most likely to break, and PART 39ÐAIRWORTHINESS Acting Manager, Rotorcraft Directorate, that the tendency for these packages to DIRECTIVES Aircraft Certification Service. break increases as the thickness of the [FR Doc. 99–5723 Filed 3–8–99; 8:45 am] package increases. This study also 1. The authority citation for part 39 BILLING CODE 4910±13±U showed that for packages prepared with continues to read as follows: plastic strapping, the greater the Authority: 49 U.S.C. 106(g), 40113, 44701. thickness of the package, the more likely § 39.13 [Amended] POSTAL SERVICE it is for the package to remain intact. The Mailers Technical Advisory 2. Section 39.13 is amended by 39 CFR Part 111 Committee (MTAC) working group on adding a new airworthiness directive to Pallet, Container and Package Integrity read as follows: Packaging Material Standards for Flat- independently confirmed that packages Bell Helicopter Textron Canada: Docket No. Size Periodicals and Standard Mail prepared with string and rubber bands 98–SW–62–AD. AGENCY: Postal Service. are the most likely to break, resulting in Applicability: Model 206L–4 helicopters, increased costs for the Postal Service, serial numbers 52001 through 52208, ACTION: Proposed rule. certificated in any category. and increased time to process the pieces SUMMARY: To ensure that packages in those packages. Accordingly, this Note 1: This AD applies to each helicopter identified in the preceding applicability maintain their integrity during MTAC work group supports the Postal provision, regardless of whether it has been transportation and processing, the Service’s proposal to prohibit the use of otherwise modified, altered, or repaired in Postal Service plans to prohibit use of string and rubber bands to secure the area subject to the requirements of this string and rubber bands to secure packages for flat-size Standard and AD. For helicopters that have been modified, packages of flat-size Periodicals and Periodicals Mail that is presented to the altered, or repaired so that the performance Standard Mail when prepared on Postal Service on pallets. The Postal of the requirements of this AD is affected, the pallets. Mailers are also hereby notified Service also believes that mailers should owner/operator must request approval for an that, in the future, the Postal Service not use string or rubber bands to prepare alternative method of compliance in accordance with paragraph (b) of this AD. plans to prohibit use of string and packages of flat-size mail that are placed The request should include an assessment of rubber bands to secure packages of flat- in sacks. In order to ease the burden the effect of the modification, alteration, or size Periodicals and Standard Mail imposed on mailers who currently use repair on the unsafe condition addressed by prepared in sacks. rubber bands and string to secure flat-

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11403 size packages in sacks, the Postal may be secured with banding material flood elevations are the basis for the Service is not proposing to prohibit use only. All packages and bundles on BMC floodplain management measures that of string and rubber bands on packages pallets must be machinable on BMC the community is required either to of flat-size mail placed in sacks at this parcel sorters. Machinability is adopt or to show evidence of being time. Mailers are advised, however, that determined by the USPS. If banding already in effect in order to qualify or such a prohibition will be proposed in material is used to secure packages, it remain qualified for participation in the the future and should begin to plan must be applied at least once around the National Flood Insurance Program accordingly. length and once around the girth. String, (NFIP). A clarification that wire or metal string-like material closed with a tie, DATES: The comment period is ninety strapping is not permissible banding rubber bands, wire, and metal strapping (90) days following the second material for flat-size mail prepared in are prohibited banding materials. publication of this proposed rule in a sacks has also been included in these * * * * * newspaper of local circulation in each proposed revisions to packaging community. 2.0 ADDITIONAL STANDARDS— standards. ADDRESSES: The proposed base flood The Postal Service is proposing to FIRST-CLASS MAIL, PERIODICALS, AND STANDARD MAIL (A) elevations for each community are implement this revision to the mail available for inspection at the office of preparation standards on July 1, 1999. * * * * * the Chief Executive Officer of each Although exempt from the notice and 2.2 Flat-Size Pieces community. The respective addresses comment requirements of the are listed in the following table. Administrative Procedure Act (5 U.S.C. [Amend 2.2 to read as follows:] FOR FURTHER INFORMATION CONTACT: 553(b), (c)) regarding proposed Flat-size pieces are subject to these Matthew B. Miller, P.E., Chief, Hazards rulemaking by 39 U.S.C. 410(a), the packaging standards: Study Branch, Mitigation Directorate, Postal Service invites comments on the a. Flat-size pieces must always be Federal Emergency Management following proposed revisions of the secured into packages, unless excepted Agency, 500 C Street SW., Washington, Domestic Mail Manual (DMM), by standard. Wire and metal strapping DC 20472, (202) 646–3461, or (email) incorporated by reference in the Code of must not be used as banding materials. [email protected]. Federal Regulations. See 39 CFR part b. For Periodicals and Standard Mail 111. prepared on pallets, string, string-like SUPPLEMENTARY INFORMATION: The material closed with a tie, and rubber Federal Emergency Management Agency List of Subjects in 39 CFR Part 111 bands must not be used as banding (FEMA or Agency) proposes to make Administrative practice and material. For both palletized and sacked determinations of base flood elevations procedure. mail, it is recommended that plastic and modified base flood elevations for strapping or shrink-wrap, or both, be each community listed below, in PART 111Ð[AMENDED] used to secure packages. accordance with section 110 of the Flood Disaster Protection Act of 1973, 1. The authority citation for 39 CFR c. Though not subject to a specific thickness limit, packages of flat-size 42 U.S.C. 4104, and 44 CFR 67.4(a). part 111 continues to read as follows: These proposed base flood and pieces must be secure and stable. modified base flood elevations, together Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, Packages are subject to specific weight 401, 403, 404, 414, 3001–3011, 3201–3219, with the floodplain management criteria limits if palletized. 3403–3406, 3621, 3626, 5001. required by 44 CFR 60.3, are the * * * * * 2. Revise the following sections of the minimum that are required. They An appropriate amendment to 39 CFR should not be construed to mean that Domestic Mail Manual as set forth 111.3 to reflect these changes will be below: the community must change any published if the proposal is adopted. existing ordinances that are more M Mail Preparation and Sortation Stanley F. Mires, stringent in their floodplain M000 General Preparation Standards Chief Counsel, Legislative. management requirements. The [FR Doc. 99–5784 Filed 3–8–99; 8:45 am] community may at any time enact * * * * * BILLING CODE 7710±12±P stricter requirements of its own, or M020 Packages and Bundles pursuant to policies established by other 1.0 BASIC STANDARDS Federal, state or regional entities. These FEDERAL EMERGENCY proposed elevations are used to meet * * * * * MANAGEMENT AGENCY the floodplain management 1.4 Palletization requirements of the NFIP and are also 44 CFR Part 67 used to calculate the appropriate flood [Amend 1.4 to read as follows:] [Docket No. FEMA±7279] insurance premium rates for new Packages and bundles on pallets must buildings built after these elevations are be able to withstand normal transit and Proposed Flood Elevation made final, and for the contents in these handling without breakage or injury to Determinations buildings. USPS employees. Heavy-gauge shrinkwrap over plastic banding, AGENCY: Federal Emergency National Environmental Policy Act shrinkwrap alone, or banding material Management Agency, FEMA. This proposed rule is categorically alone is acceptable if the package or ACTION: Proposed rule. excluded from the requirements of 44 bundle can stay together during normal CFR Part 10, Environmental processing. Except for packages and SUMMARY: Technical information or Consideration. No environmental bundles of individually polywrapped comments are requested on the impact assessment has been prepared. pieces, packages and bundles on BMC proposed base (1% annual chance) flood pallets must be shrinkwrapped. elevations and proposed base flood Regulatory Flexibility Act Packages and bundles of individually elevation modifications for the The Associate Director, Mitigation polywrapped pieces on BMC pallets communities listed below. The base Directorate, certifies that this proposed

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 11404 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules rule is exempt from the requirements of Executive Order 12612, Federalism Accordingly, 44 CFR part 67 is the Regulatory Flexibility Act because proposed to be amended as follows: proposed or modified base flood This proposed rule involves no elevations are required by the Flood policies that have federalism PART 67Ð[AMENDED] Disaster Protection Act of 1973, 42 implications under Executive Order U.S.C. 4104, and are required to 12612, Federalism, dated October 26, 1. The authority citation for part 67 establish and maintain community 1987. continues to read as follows: eligibility in the National Flood Executive Order 12778, Civil Justice Authority: 42 U.S.C. 4001 et seq.; Insurance Program. As a result, a Reform Reorganization Plan No. 3 of 1978, 3 CFR, regulatory flexibility analysis has not 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, been prepared. This proposed rule meets the applicable standards of section 2(b)(2) of 3 CFR, 1979 Comp., p. 376. Regulatory Classification Executive Order 12778. § 67.4 [Amended] This proposed rule is not a significant List of Subjects in 44 CFR Part 67 regulatory action under the criteria of 2. The tables published under the section 3(f) of Executive Order 12866 of Administrative practice and authority of § 67.4 are proposed to be September 30, 1993, Regulatory procedure, Flood insurance, Reporting amended as follows: Planning and Review, 58 FR 51735. and recordkeeping requirements.

# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Florida ...... Kissimmee (City), East City Canal ...... Confluence with Lake Tohopekaliga ...... *58 *57 Osceola County. Approximately 1,300 feet upstream of *69 *68 West Vine Street. West City Canal ...... Confluence with Lake Tohopekaliga ...... *58 *57 At confluence with East City Canal ...... *66 *68 Shingle Creek ...... Approximately 1.14 miles upstream of *67 *66 CSX Transportation. Approximately 0.74 mile upstream of *75 *73 State Road 530. Maps available for inspection at the Kissimmee City Hall, Engineering Department, 2nd Floor, 101 North Church Street, Kissimmee, Florida. Send comments to The Honorable Frank Attkisson, Mayor of the City of Kissimmee, 101 North Church Street, Kissimmee, Florida 34741.

Florida ...... Osceola County Peg Horn Slough ...... Approximately 150 feet upstream of con- None **61 (Unincorporated fluence with St. Cloud Canal (Canal Areas). 31). Approximately 950 feet upstream of Mis- None **72 souri Avenue. C±33 Canal ...... Confluence with Lake Gentry ...... None **66 Confluence of Alligator Lake ...... None **66 Canoe Creek (C±34 Downstream side Canoe Creek Road None **56 Canal). (SR 523). At St. Cloud Airfield ...... None **66 WPA Canal ...... Approximately 330 feet upstream side of *57 **58 Friars Cove Road. Downstream side of Old Canoe Creek None **73 Road. West City Canal ...... Confluence with Lake Tohopekaliga ...... *58 **57 Downstream side of U.S. Route 17/92 ..... None **58 Shingle Creek ...... Confluence with Lake Tohopekaliga ...... *58 **57 Approximately 200 feet upstream of *77 **76 Osceola Parkway. Shingle West ...... Just downstream of Poinciana Boulevard *66 **67 Upstream side of U.S. Route 192 ...... None **80 Shingle West Tributary ..... At confluence with Shingle West ...... *64 **65 Approximately 400 feet upstream of Poin- None **67 ciana Boulevard. St. John's River ...... Downstream corporate limits ...... None **17 Upstream corporate limits ...... None **18 Lake Hatchineha ...... Entire shoreline within county ...... None **56 Alligator Lake ...... Entire shoreline within county ...... None **66 Lake Gentry ...... Entire shoreline within county ...... None **66 Brick Lake ...... Entire shoreline within county ...... None **66 Pearl Lake ...... Entire shoreline within county ...... None **66 Lake Lizzy ...... Entire shoreline within county ...... None **66 Sardine Lake ...... Entire shoreline within county ...... None **66 Live Oak Lake ...... Entire shoreline within county ...... None **66 Trout Lake ...... Entire shoreline within county ...... None **66 Lake Joel ...... Entire shoreline within county ...... None **63

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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Lake Preston ...... Entire shoreline within county ...... None **63 Lake Myrtle ...... Entire shoreline within county ...... None **63 Lake Bullock ...... Entire shoreline within county ...... None **66 Lake Center ...... Entire shoreline within county ...... None **66 Coon Lake ...... Entire shoreline within county ...... None **66 Reedy Creek Tributary No. Approximately 7,000 feet downstream of None **65 1. Marigold Avenue. Approximately 0.45 mile upstream of San None **68 Miguel Road. Reedy Creek Tributary No. Approximately 4,430 feet downstream of *65 **66 2. Marigold Avenue. Approximately 870 feet upstream of Mari- None **67 gold Avenue. Reedy Creek Tributary No. Approximately 0.75 mile downstream of None **63 3. Doverplum Avenue. Downstream side of San Remo Road ...... None **68 Lake Davenport ...... Entire shoreline within county ...... *111 **112 Davenport Creek ...... Approximately 1 mile downstream of None **80 State Route 545. Downstream side of Oak Island Road ..... None **108 Davenport Creek ...... At confluence with Davenport Creek ...... None **107 Tributary No. 1 ...... Upstream side of Oak Island Road ...... None **112 Davenport Creek ...... At confluence with Davenport Creek ...... None **106 Tributary No. 2 ...... Approximately 0.91 mile upstream of con- None **107 fluence with Davenport Creek. **North American Vertical Datum of 1988. Maps available for inspection at the County Administrative Building, Engineering Department, Room 249, 17 South Vernon Avenue, Kissim- mee, Florida. Send comments to Mr. Robert Magnaghi, Osceola County Manager, 17 South Vernon Avenue, Room 17, Kissimmee, Florida 34741±5488.

Florida ...... St. Cloud (City), Peg Horn Slough ...... Approximately 250 feet upstream of con- None *61 Osceola County. fluence with St. Cloud Canal (Canal 31). Approximately 150 feet downstream of None *71 Missouri Avenue. WPA Canal ...... Upstream side of Old Canoe Creek Road None *68 At St. Cloud Airfield ...... None *73 Maps available for inspection at the Municipal Services Complex, Public Works Department, 2901 17th Street, St. Cloud, Florida. Send comments to Mr. Jack Shannin, City of St. Cloud Interim Manager, 1300 9th Street, St. Cloud, Florida 34769.

Maine ...... Rangeley (Town), Cupsuptic Lake ...... Entire length of shoreline within commu- None *1,469 Franklin County. nity. Dodge Pond ...... Entire length of shoreline within commu- None *1,529 nity. Dodge Pond Stream ...... Approximately 1,185 feet downstream of None *1,520 State Routes 4 and 16. Upstream side of Dodge Pond Dam ...... None *1,529 Haley Brook ...... Approximately 473 feet downstream of None *1,520 Maine Street. Upstream side of Haley Pond Dam ...... None *1,528 Haley Pond ...... Entire length of shoreline within commu- None *1,528 nity. Kennebago River ...... Approximately 1,625 feet downstream of None *1,469 State Route 16. Approximately 75 feet upstream of State None *1,479 Route 16. Mooselookmeguntic Lake Entire length of shoreline within commu- None *1,469 nity. Quimby Brook ...... Approximately 825 feet downstream of None *1,520 State Routes 4 and 16. Approximately 275 feet upstream of None *1,682 Quimby Pond Road. Rangeley Lake ...... Entire length of shoreline within commu- None *1,520 nity. Round Pond ...... Entire length of shoreline within commu- None *1,550 nity. Round Pond Outlet ...... Approximately 430 feet downstream of None *1,529 Dodge Pond Road.

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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Approximately 10 feet upstream of Round None *1,550 Pond Dam. Rangeley River ...... Approximately 4,345 feet downstream of None *1,469 Rangeley Dam. Approximately 35 feet upstream of State None *1,520 Route 4. Maps available for inspection at the Rangeley Town Office, 3 School Street, Rangeley, Maine. Send comments to Mr. William Lundrigan, Rangeley Town Manager, P.O. Box 1070, Rangeley, Maine 04970.

Massachusetts ...... Millbury (Town), Ramshorn Brook ...... Approximately 1,300 feet downstream of *609 *610 Worchester Dolan Road and Dam. County. Approximately 0.5 mile upstream of None *633 Dolan Road and Dam (upstream cor- porate limits). Dorothy Pond ...... Upstream side of Riverlin Street ...... None *393 Approximately 700 feet upstream of None *399 Wheelock Avenue. Maps available for inspection at the Town Hall, Planner's Office, 127 Elm Street, Millbury, Massachusetts. Send comments to Mr. Donald Gaulthier, Chairman of the Board of Selectmen, Millbury Town Hall, 127 Elm Street, Millbury, Massachusetts 01527.

Minnesota ...... Sauk Rapids (City), Mississippi River ...... Downstream corporate limits ...... *992 *991 Benton County. Approximately 1.42 miles upstream of *1,000 *999 State Highway 152 (1st Street South). County Ditch No. 3 ...... At confluence with Mississippi River ...... *993 *992 Maps available for inspection at the Sauk Rapids City Hall, 115 North 2nd Avenue, Sauk Rapids, Minnesota 56379±1660. Send comments to The Honorable Jerry Leese, Mayor of the City of Sauk Rapids, 115 North 2nd Avenue, Sauk Rapids, Minnesota 56379± 1660.

Mississippi ...... Brookhaven (City), Stream 4 (Halbert Branch) Approximately 520 feet downstream of *431 *430 Lincoln County. Natchez Avenue. Approximately 250 feet upstream of East *469 *468 Meadowbrook Drive. Maps available for inspection at the Building Inspector's Office, 301 South First Street, Brookhaven, Mississippi. Send comments to The Honorable W.W. Godbold, Mayor of the City of Brookhaven, P.O. Box 560, Brookhaven, Mississippi 39602.

Mississippi ...... Lincoln County Halbert Branch ...... At U.S. Highway 51 ...... *412 *413 (Unincorporated Areas). Approximately 1.13 miles upstream of *427 *426 U.S. Highway 84. Maps available for inspection at the Lincoln County Records Room, 301 South First Street, Brookhaven, Mississippi. Send comments to Mr. J. Ronny Smith, Lincoln County Administrator, P.O. Box 555, Brookhaven, Mississippi 39602.

New Hampshire ..... Bow (Town), Merrimack River ...... At the confluence of the Soucook River ... *203 *204 Merrimack Coun- ty. Approximately 1.52 miles upstream of *230 *228 Garvins Falls Dam. Maps available for inspection at the Bow Town Hall, Building Department, 10 Grandview Road, Bow, New Hampshire. Send comments to Mr. Albert St. Cyr, Bow Town Manager, 10 Grandview Road, Bow, New Hampshire 03304.

New Jersey ...... Lavallette (Bor- Atlantic Ocean ...... Approximately 100 east of the intersec- *6 #1 ough), Ocean tion of Guyer Avenue and Grand Cen- County. tral Avenue 35N. Approximately 1,050 feet east of the *12 *13 intersection of Brown Avenue and Grand Central Avenue 35N. At the intersection of Brooklyn Avenue None *5 and West Central. Barnegat Bay ...... At the intersection of Pershing Boulevard *7 *5 and Bullard Drive.

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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Maps available for inspection at the Lavallette Borough Hall, 1306 Grand Central Avenue, Lavallette, New Jersey. Send comments to The Honorable Thomas Walls, Mayor of the Borough of Lavallette, P.O. Box 67, Lavallette, New Jersey 08735.

New Jersey ...... Stafford (Town- Manahawkin Mill Creek .... Approximately 1.2 miles downstream of *8 *9 ship), Ocean State Route 72. County. Approximately 1,000 feet downstream of None *19 State Route 72. Manahawkin Lake ...... Entire shoreline within community ...... None *28 Holiday Lake ...... Entire shoreline within community ...... None *57 Barnegat Bay ...... At corporate limits ...... *8 *9 Approximately 1,200 feet northwest of *8 *10 confluence of Crooked Creek and Corrigans Straight Ditch. Manahawkin Bay ...... At Turtle Cove, Big Cove, and North *8 *12 Pond. At the intersection of East Bay Avenue *8 *9 and Hilliard Boulevard. Maps available for inspection at the Township Hall, 260 East Bay Avenue, Manahawkin, New Jersey. Send comments to The Honorable Carl W. Block, Mayor of the Township of Stafford, 260 East Bay Avenue, Manahawkin, New Jersey 08050.

New York ...... Clarkstown (Town), Demarest Kill ...... Approximately 750 feet upstream of the *98 *97 Rockland County. confluence with West Branch Hacken- sack River. Approximately 1,900 feet upstream of *172 *173 New Hempstead Road. Pascack Brook ...... Upstream side of Pascack Road ...... None *354 Approximately 2,500 feet upstream of None *410 Pascack Road. Maps available for inspection at the Town of Clarkstown Department of Environmental Control, 10 Maple Avenue, New City, New York. Send comments to Mr. Charles E. Holbrook, Town of Clarkstown Supervisor, 10 Maple Avenue, New City, New York 10956.

New York ...... Mohawk (Village), Mohawk River ...... Approximately 480 feet downstream of *393 *392 Herkimer County. Mohawk Dam. Approximately 1,500 feet upstream of *395 *395 confluence of Fulmer Creek. Approximately 560 feet northwest of inter- None *395 section of Warren Road and West Main Street. Fulmer Creek ...... At confluence with Mohawk River ...... *395 *394 Approximately 1,700 feet upstream of *395 *394 confluence with Mohawk River. Maps available for inspection at the Village of Mohawk Hall, Village Clerk's Office, 28 Columbia Street, Mohawk, New York. Send comments to The Honorable Leo F. Kinville, Mayor of the Village of Mohawk, 28 Columbia Street, Mohawk, New York 13407.

New York ...... Verona (Town), Fish Creek ...... Approximately 8,800 feet downstream of *376 *377 Oneida County. Cook Road. Approximately 1.60 miles upstream of *384 *383 Higginsville Road. Maps available for inspection at the Verona Town Office Building, 6600 Germany Road, Durhamville, New York. Send comments to Mr. Maurice Deeley, Supervisor of the Town of Verona, 6600 Germany Road, Durhamville, New York 13054.

Pennsylvania ...... Clarks Summit Tributary A ...... At downstream corporate limits ...... *1,143 *1,147 (Borough, Lacka- wanna). Approximately 300 feet upstream of Lin- *1,262 *1,161 den Street. Tributary A1 ...... At confluence with Tributary A ...... *1,153 *1,155 Just downstream of South Abington Road *1,260 *1,262 Tributary B ...... Just downstream of Terrace Drive ...... *1,226 *1,227 At upstream corporate limits ...... *1,325 *1,326 Maps available for inspection at the Clarks Summit Borough Hall, 304 South State Street, Clarks Summit, Pennsylvania. Send comments to Mr. Edward M. Bush, Sr., Clarks Summit Borough Council President, 304 South State Street, Clarks Summit, Pennsyl- vania 18411.

Pennsylvania ...... Smithfield (Town- Delaware River ...... Approximately 1 mile downstream of *315 *314 ship), Monroe Interstate 80. County.

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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Approximately 1.5 miles downstream of *330 *331 upstream corporate limits. Shawnee Creek ...... At the confluence with the Delaware *324 *325 River. Approximately 80 feet upstream of River *325 *326 Road. Sambo Creek ...... Approximately 0.9 mile west of the inter- None *452 section of Valhalla Drive and State Route 209, within the corporate limits of the Township of Smithfield. Cherry Creek ...... Approximately 500 feet south of the inter- None *322 section of Broad Street and Interstate 80, within the corporate limits at the Township of Smithfield. Maps available for inspection at the Smithfield Township Municipal Building, Route 209, East Stroudsburg, Pennsylvania. Send comments to Mr. Russell C. Albert, Chairman of the Smithfield Township Board of Supervisors, Smithfield Township Municipal Building, R.D. 5, Box 5229, East Stroudsburg, Pennsylvania 18301.

Pennsylvania ...... West Hempfield Susquehanna River ...... At downstream corporate limits ...... *239 *244 (Township), Lan- caster County. Approximately 0.68 mile upstream of U.S. *252 *253 Route 30. Chickies Creek ...... Approximately 320 feet upstream of Mari- None *273 etta Pike. At confluence with Susquehanna River ... None *260 Tributary No. 1 to Shaw- At downstream corporate limits ...... None *307 nee Run. Approximately 1,000 feet upstream of None *339 Malleable Road. Shawnee Run ...... At corporate limits ...... None *358 Approximately 620 feet upstream of cor- None *363 porate limits. Maps available for inspection at the West Hempfield Township Municipal Building, 3401 Marietta Avenue, Lancaster, Pennsylvania. Send comments to Mr. Charles E. Douts, Jr., Manager, Secretary/Treasurer of the Township of West Hempfield, 3401 Marietta Avenue, Lan- caster, Pennsylvania 17601.

Tennessee ...... Cheatham County Harpeth River ...... Approximately 0.45 mile upstream of Old *497 *498 (Unincorporated Pinnacle Road. Areas). Approximately 4 miles upstream of East *520 *519 Kingston Springs Road. South Harpeth River ...... At the confluence with the Harpeth River *517 *516 Approximately 0.38 mile downstream of *517 *516 Anderson Road. Maps available for inspection at the Cheatham County Courthouse, Building Commissioner's Office, 100 Public Square, Ashland City, Ten- nessee. Send comments to Mr. William R. Orange, Cheatham County Executive, 100 Public Square, Suite 105, Ashland City, Tennessee 37015.

Tennessee ...... Decatur County Tennessee River ...... Upstream county boundary ...... None *374 (Unincorporated Areas). At confluence of Rockets Creek ...... None *376 At confluence of Cub Creek ...... None *377 At confluence of Lick Creek ...... None *377 At confluence of Beech River ...... None *380 At confluence of Whites Creek ...... None *383 At confluence of Turnbo Creek ...... None *391 At confluence of Stewman Creek ...... None *391 At confluence of Doe Creek ...... None *392 Downstream county boundary ...... None *393

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# Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Maps available for inspection at the Decatur County Courthouse, County Executive Office, 22 Main Street, Decaturville, Tennessee. Send comments to Mr. Wayne Odle, Decatur County Executive, Decatur County Courthouse, 22 Main Street, P.O. Box 488, Decaturville, Tennessee 38329.

Tennessee ...... Kingston Springs Buffalo Gap Cutoff ...... At the confluence with the Harpeth River *498 *499 (Town), Cheatham Coun- ty. Approximately 0.40 mile upstream of East *514 *513 Kingston Springs Road. Harpeth River ...... Approximately 0.45 mile upstream of Old *497 *498 Pinnacle Road. Approximately 0.03 mile upstream of *514 *513 Interstate Route 40. Maps available for inspection at the Kingston Springs Town Hall, 396 Spring Street, Kingston Springs, Tennessee. Send comments to The Honorable Tony Campbell, Mayor of the Town of Kingston Springs, P.O. Box 256, Kingston Springs, Tennessee 37082.

Tennessee ...... Pegram (Town), Harpeth River ...... Approximately 0.21 mile upstream of *526 *527 Cheatham Coun- Riveview Drive. ty. Approximately 0.1 mile downstream of *509 *508 East Kingston Springs Road. Maps available for inspection at the Pegram City Hall, 482 Thompson Road, Pegram, Tennessee. Send comments to The Honorable Aubrey Chambers, Mayor of the Town of Pegram, P.O. Box 249, Pegram, Tennessee 37143.

Vermont ...... Royalton (Town), First Branch White River .. At confluence with White River ...... *475 *471 Windsor County. Approximately 1,800 feet downstream of *511 *510 the county boundary. Second Branch White At confluence with White River ...... *506 *503 River. Approximately 160 feet upstream of the *528 *527 furthest upstream corporate limits. White River ...... Approximately 550 feet upstream of cor- *458 *457 porate limits with Sharon, Vermont. Approximately 150 feet upstream of cor- *532 *531 porate limits with Bethel, Vermont. Maps available for inspection at the Royalton Town Office Building, Safford Street, South Royalton, Vermont. Send comments to Mr. Robert Hull, Chair for the Town of Royalton Selectboard, P.O. Box 680, South Royalton, Vermont 05068.

Virginia ...... Rocky Mount Furnace Creek ...... Approximately 25 feet downstream of None *991 (Town), Franklin Scuffling Hill Road. County. Approximately 75 feet downstream of None *1,035 Route 40/Franklin Street. Furnace Creek Tributary .. Approximately 75 feet downstream of None *1,035 Route 40/Franklin Street. Approximately 1,900 feet upstream of None *1,046 Franklin Street. Maps available for inspection at the Rocky Mount Town Hall, 345 Donald Avenue, Rocky Mount, Virginia. Send comments to The Honorable Benjamin L. Pinckard, Mayor of the Town of Rocky Mount, 345 Donald Avenue, Rocky Mount, Virginia 24151.

(Catalog of Federal Domestic Assistance No. FEDERAL EMERGENCY ACTION: Proposed rule. 83.100, ‘‘Flood Insurance’’) MANAGEMENT AGENCY Michael J. Armstrong, SUMMARY: Technical information or Associate Director for Mitigation. 44 CFR Part 67 comments are requested on the [FR Doc. 99–5610 Filed 3–8–99; 8:45 am] proposed base (1% annual chance) flood [Docket No. FEMA±7278] BILLING CODE 6718±04±P elevations and proposed base flood Proposed Flood Elevation elevation modifications for the Determinations communities listed below. The base flood elevations and modified base AGENCY: Federal Emergency flood elevations are the basis for the Management Agency (FEMA). floodplain management measures that

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 11410 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules the community is required either to the community must change any Section 3(f) of Executive Order 12866 of adopt or to show evidence of being existing ordinances that are more September 30, 1993, Regulatory already in effect in order to qualify or stringent in their floodplain Planning and Review, 58 FR 51735. remain qualified for participation in the management requirements. The National Flood Insurance Program community may at any time enact Executive Order 12612, Federalism (NFIP). stricter requirements of its own, or This proposed rule involves no DATES: The comment period is ninety pursuant to policies established by other policies that have federalism (90) days following the second Federal, State, or regional entities. implications under Executive Order These proposed elevations are used to publication of this proposed rule in a 12612, Federalism, dated October 26, meet the floodplain management newspaper of local circulation in each 1987. community. requirements of the NFIP and are also ADDRESSES: The proposed base flood used to calculate the appropriate flood Executive Order 12778, Civil Justice elevations for each community are insurance premium rates for new Reform available for inspection at the office of buildings built after these elevations are the Chief Executive Officer of each made final, and for the contents in these This proposed rule meets the community. The respective addresses buildings. applicable standards of Section 2(b)(2) of Executive Order 12778. are listed in the following table. National Environmental Policy Act FOR FURTHER INFORMATION CONTACT: This proposed rule is categorically List of Subjects in 44 CFR Part 67 Matthew B. Miller, P.E., Chief, Hazards excluded from the requirements of 44 Administrative practice and Study Branch, Mitigation Directorate, CFR Part 10, Environmental procedure, Flood insurance, Reporting Federal Emergency Management Consideration. No environmental and recordkeeping requirements. Agency, 500 C Street SW., Washington, impact assessment has been prepared. DC 20472, (202) 646–3461, or (e-mail) matt.miller @ fema.gov. Regulatory Flexibility Act Accordingly, 44 CFR Part 67 is proposed to be amended as follows: SUPPLEMENTARY INFORMATION: The The Associate Director for Mitigation Federal Emergency Management Agency certifies that this proposed rule is PART 67Ð[AMENDED] proposes to make determinations of base exempt from the requirements of the flood elevations and modified base Regulatory Flexibility Act because 1. The authority citation for Part 67 flood elevations for each community proposed or modified base flood continues to read as follows: listed below, in accordance with Section elevations are required by the Flood 110 of the Flood Disaster Protection Act Disaster Protection Act of 1973, 42 Authority: 42 U.S.C. 4001 et seq.; of 1973, 42 U.S.C. 4104, and 44 CFR U.S.C. 4104, and are required to Reorganization Plan No. 3 of 1978, 3 CFR, 67.4(a). establish and maintain community 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, These proposed base flood and eligibility in the NFIP. No regulatory 3 CFR, 1979 Comp., p. 376. modified base flood elevations, together flexibility analysis has been prepared. § 67.4 [Amended] with the floodplain management criteria required by 44 CFR 60.3, are the Regulatory Classification 2. The tables published under the minimum that are required. They This proposed rule is not a significant authority of § 67.4 are proposed to be should not be construed to mean that regulatory action under the criteria of amended as follows:

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

Alaska ...... Kenai Peninsula Kenai River Study ...... Approximately 6.1 miles downstream of *17.5 *18.5 Borough. confluence with Shikok Creek. Approximately 4,500 feet downstream of *36.5 *35.6 confluence with Shikok Creek. Maps are available for inspection at the Kenai Peninsula Borough Planning and Zoning Office, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska. Send comments to The Honorable Mike Navarre, Mayor, Kenai Peninsula Borough, 144 North Binkley, Soldotna, Alaska 99669±7599.

Louisiana ...... Ball (Town) Kitchen Creek ...... At confluence with Flagon Bayou ...... None *132 Rapides Parish. Approximately 250 feet upstream of con- None *151 fluence of Lateral 1. City Drainage Ditch ...... Approximately 250 feet downstream of None *124 Kerlin Road. At Louisiana Highway 1204 ...... None *162 Haw Creek Tributary 4 ..... Approximately 600 feet upstream of con- None *133 fluence with Haw Creek. Approximately 3,400 feet upstream of None *161 confluence with Haw Creek. Haw Creek Lateral 2A ...... At confluence with Lateral 2 ...... None *150 Approximately 1,400 feet upstream of None *177 Burma Road. Haw Creek Lateral 2 ...... Approximately 200 feet upstream of con- None *145 fluence with Haw Creek. Approximately 1,275 feet upstream of None *168 Burma Road.

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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

Haw Creek Lateral 1 ...... Just upstream of confluence with Haw None *140 Creek. Approximately 1,700 feet upstream of None *151 Hollingsworth Road. Flagon Bayou Tributary 8 Approximately 1,480 feet downstream of None *117 U.S. Highway 165. Just upstream of U.S. Highway 165 ...... None *118 Flagon Bayou ...... Approximately 11,000 feet downstream of None *120 confluence of Flagon Bayou Tributary 3. Approximately 250 feet upstream of Kan- None *141 sas City Southern Railroad. Haw Creek ...... Approximately 300 feet downstream of None *138 confluence of Haw Creek Lateral 1. Approximately 4,100 feet upstream of None *169 Burma Road. Kitchen Creek Lateral 1 .... Approximately 700 feet downstream of None *141 Missouri Pacific Railroad. Approximately 700 feet upstream of None *155 Kitchen Creek Road. Maps are available for inspection at 100 Municipal Lane, Ball, Louisiana. Send comments to The Honorable Roy Hebron, Mayor, Town of Ball, 100 Municipal Lane, Ball, Louisiana 71360.

Louisiana ...... Farmerville Bayou D'Arbonne ...... Approximately 12,400 feet (2.35miles) None *90 (Town) Union Downstream of State Routes 15 and Parish. 33. At State Routes 15 and 33 ...... None *90 Middle Fork Bayou At State Routes 15 and 33 ...... None *90 D'Arbonne At confluence of Corney Bayou (located None *90 in Union Parish). Corney Bayou ...... At confluence with Middle Fork Bayou None *90 D'Arbonne (located in Union Parish). Approximately 3,400 feet upstream of None *90 confluence with Middle Fork Bayou D'Arbonne. Bayou D'Arbonne Lake Approximately 5,300 feet downstream of *87 *90 Tributary 1. Sterlington Highway. Approximately 4,350 feet downstream of *89 *90 Sterlington Highway. Approximately 4,400 feet downstream of *90 *90 Sterlington Highway. Bayou D'Arbonne Lake Approximately 750 feet downstream of *88 *90 Tributary 2. Barrom Road. Approximately 475 feet downstream of *89 *90 Barrom Road. Approximately 500 feet downstream of *90 *90 Barrom Road. Maps are available for inspection at 407 South Main Street, Farmerville, Louisiana. Send comments to The Honorable Willie Davis, Mayor, Town of Farmerville, 407 South Main Street, Farmerville, Louisiana 71241. * The shoreline elevation within the Town of Farmerville is now 90 feet NGVD.

Louisiana ...... Lincoln Parish Middle Fork Bayou Approximately 26,000 feet downstream of None *96 (Unincorporated D'Arbonne. State Route 823. Areas). Just upstream of U.S. Highway 167 ...... None *101 Maps are available for inspection at 100 West Texas Street, Ruston, Louisiana. Send comments to The Honorable Jack Beard, Lincoln Parish President, 100 West Texas Street, Ruston, Louisiana 71270.

Louisiana ...... Union Parish (Un- Corney Bayou ...... At confluence with Middle Fork Bayou None *90 incorporated D'Arbonne. Areas). Approximately 400 feet upstream of U.S. None *109 Highway 167. Middle Fork Bayou At State Routes 15 and 33 ...... None *90 D'Arbonne. Approximately 340 feet upstream of U.S. None *111 Highway 167.

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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

Ouachita River ...... Approximately 6,150 feet (1.16 miles) None *87 downstream of confluence of Bayou DeLoure. Approximately 1,550 feet upstream of None *88 confluence of Cypress Bayou. Stowe Creek ...... At State Route 15 ...... None *90 Approximately 140 feet upstream of State None *114 Route 151. Bayou D'Arbonne Lake .... At downstream spillway/dam ...... None *90 At State Routes 15 and 33 ...... None *90 Maps are available for inspection at the 911 Office, 100 East Bayou, Room 206, Farmerville, Louisiana. Send comments to The Honorable Richard Bridges, Union Parish President, 303 East Water Street, Farmerville, Louisiana 71241.

Missouri ...... Foristell (City) St. Peruque Creek ...... Approximately 10,570 feet (2 miles) None *630 Charles County. downstream of Stringtown Road 1. Approximately 5,250 feet downstream of None *646 Stringtown Road 1. Maps are available for inspection at the City of Foristell City Hall, 10 Highway T, Foristell, Missouri. Send comments to The Honorable Dawn Hiatte, Mayor, City of Foristell, #10 Highway T, Foristell, Missouri 63348.

Nebraska ...... Howard County Oak Creek ...... Approximately 7,200 feet downstream of None *1,842 (Unincorporated Union Pacific Railroad. Areas). Approximately 1,200 feet upstream of None *1,871 Naper Road. Middle Loup River ...... Approximately 7,000 feet downstream of None *1,899 County Road. Approximately 4,700 feet upstream of None *1,914 County Road. Maps are available for inspection at the Howard County Roads Department, 408 Elm Street, St. Paul, Nebraska. Send comments to The Honorable Ron Shuda, Chairman, Howard County Board of Commissioners, P.O. Box 25, St. Paul, Nebraska 68873± 0143.

Oklahoma ...... Lincoln County West Captain Creek Tribu- Approximately 8,000 feet upstream of None *940 (Unincorporated tary 1. confluence with West Captain Creek. Areas). At Oklahoma-Lincoln County boundary .... None *950 Maps are available for inspection at the Lincoln County Commissioners Office, 811 Manvel Avenue, #4, Chandler, Oklahoma. Send comments to The Honorable Riley Miller, Jr., Chairman, Board of Lincoln County Commissioners, 811 Manvel Avenue, Chandler, Okla- homa 74834.

Oklahoma ...... Newcastle (City) Pond Creek ...... Approximately 1,450 feet upstream from *1,131 *1,131 Clain County. confluence with the Canadian River. Approximately 800 feet upstream from *1,140 *1,141 confluence with Tributary 1 of Pond Creek. Approximately 100 feet upstream from *1,181 *1,182 U.S. Route 62 (Main Street). Approximately 5,225 feet upstream from *1,243 *1,243 confluence of Tributary 10 of Pond Creek. Tributary 4 of Pond Creek At confluence with Pond Creek ...... *1,150 *1,148 Approximately 400 feet upstream of Fifth None *1,241 Street. Tributary 5.0 of Pond At confluence with Pond Creek ...... *1,156 *1,156 Creek. Approximately 3,100 feet upstream of None *1,244 confluence with Tributary 5.3 of Pond Creek. Tributary 5.1 of Pond At confluence with Tributary 5.0 of Pond *1,189 *1,190 Creek. Creek. Approximately 2,750 feet upstream of None *1,260 State Highway 130 (Fox Lane). Tributary 5.1.1 of Pond At confluence with Tributary 5.1 of Pond *1,197 *1,200 Creek. Creek. Approximately 400 feet upstream from None *1,270 State Highway 130 (Fox Lane). Tributary 5.3 of Pond At confluence with Tributary 5.0 of Pond None *1,237 Creek. Creek.

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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

Approximately 710 feet upstream of None *1,265 South 16th Street. Tributary 6.0 of Pond At confluence with Pond Creek ...... *1,162 *1,160 Creek. Approximately 500 feet upstream of North *1,189 *1,211 16th Street. Tributary D of Canadian At confluence with Canadian River ...... *1,168 *1,169 River. Approximately 50 feet upstream of North- None *1,315 west 16th Street. Tributary D1 of Canadian At confluence with Tributary D of Cana- *1,194 *1,198 River. dian River. Approximately 150 feet downstream from *1,207 *1,206 intersection with Long Drive. At intersection with Long Drive ...... *1,207 *1,207 Maps are available for inspection at 5 North Main, Newcastle, Oklahoma. Send comments to The Honorable George Holmes, Mayor, City of Newcastle, 5 North Main, Newcastle, Oklahoma 73065.

Oklahoma ...... Canadian County Deer Creek ...... Immediately upstream of County Line None *1,075 and Incor- Road. porated Areas. Approximately 1,000 feet upstream of None *1,077 County Line Road. Soldier Creek ...... Immediately upstream of County Line None *1,075 Road. Just downstream of 32nd Street North- None *1,110 east (Sara Road). North Canadian River ...... Just northwest of the intersection of *1,275 *1,282 Gregory Road and Chicago, Rock ±sland and Pacific Railroad (in south overbank of North Canadian River). Approximately 3,000 feet upstream of *1,282 *1,282 Gregory Road. Maps are available for inspection at the City of Piedmont City Hall, 314 Edmond Street Northwest, Piedmont, Oklahoma. Send comments to The Honorable John Bickerstaff, Mayor, City of Piedmont, P.O. Box 240, Piedmont, Oklahoma 73078. Maps are available for inspection at the City of El Reno Community Map Repository, 201 North Choctaw, El Reno, Oklahoma. Send comments to The Honorable James Moore, Mayor, City of El Reno, 101 North Bickford, El Reno, Oklahoma 73036.

Texas ...... Kerr County and Stream TC±1 ...... Approximately 2,300 feet downstream of None *1,662 Incorporated Interstate Highway 10. Areas. Just upstream of Interstate Highway 10 ... None *1,718 Stream QC±2 ...... Just downstream of State Highway 16 ..... None *1,706 Just upstream of Interstate Highway 10 ... None *1,761 Stream QC±1 ...... Just upstream of Leslie Road ...... None *1,688 Approximately 200 feet upstream of Inter- None *1,801 state Highway 10. Quinlan Creek ...... Just upstream of State Highway 27 ...... *1,606 *1,606 Approximately 900 feet upstream of Inter- *1,725 *1,719 state Highway 10. Town Creek ...... Just upstream of State Highway 27 ...... *1,624 *1,624 Approximately 200 feet downstream of *1,632 *1,630 Schreiner Road. Approximately 900 feet upstream of Inter- *1,689 *1,689 state Highway 10. Elm Creek ...... Approximately 600 feet upstream of Goat None *1,649 Creek Road. Approximately 800 feet upstream of Lau- None *1,764 rel Wood Drive. Camp Meeting Creek ...... Approximately 500 feet downstream of None *1,592 Preston Trail. Approximately 2,100 feet upstream of None *1,699 Southway Drive.

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#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

Maps are available for inspection at the Upper Guadalupe River Authority, 125 Lehmann Drive, Kerrville, Texas. Send comments to The Honorable Bob Denson, Judge, Kerr County, 700 Main Street, Kerrville, Texas 78028. Send comments to The Honorable Jean Raymer, Mayor, City of Ingram, 214 Highway 39, Ingram, Texas 78025. Maps are available for inspection at City of Kerrville, 800 Junction Highway, Kerrville, Texas. Send comments to The Honorable Charles Johnson, Mayor, City of Kerrville, 800 Junction Highway, Kerrville, Texas 78028.

Washington ...... Clallam County Elwha River ...... Approximately 3,250 feet above mouth .... *14 *14 (Unincorporated Areas). Approximately 3,800 feet above mouth .... *15 *16 Approximately 5,500 feet above mouth .... *20 *24 Approximately 8,000 feet above mouth .... *35 *35 Maps are available for inspection at the Clallam County Planning Department, 223 East Fourth Street, Port Angeles, Washington. Send comments to The Honorable Carole Boardman, Chairperson, Clallam County Board of Commissioners, 223 East Fourth Street, Port An- geles, Washington 98362.

Washington ...... Lower Elwha In- Elwha River ...... Approximately 650 feet above mouth ...... None *7 dian Reserva- tion Clallam County. Approximately 7,550 feet above mouth .... *33 *34 Maps are available for inspection at the Tribal Center, 2851 Lower Elwha Road, Port Angeles, Washington. Send comments to The Honorable Russ Hepfer, Tribal Chairperson, 2851 Lower Elwha Road, Lower Elwha Tribe, Washington 98363.

1 Stringtown Road is located in Warren County (Unincorporated Areas), Missouri.

(Catalog of Federal Domestic Assistance No. for improving motor carrier safety. include a self-addressed, stamped 83.100, ‘‘Flood Insurance’’) Proposed amendments would require envelope or postcard. Dated: March 2, 1999. States to develop performance-based FOR FURTHER INFORMATION CONTACT: Mr. Michael J. Armstrong, plans reflecting national priorities and Brian McLaughlin, Office of Motor Associate Director for Mitigation. performance goals, revise the MCSAP Carrier Safety & Technology, (202) 366– [FR Doc. 99–5762 Filed 3–8–99; 8:45 am] funding distribution formula, and create 9579, or Mr. Charles Medalen, Office of BILLING CODE 6718±04±P a new incentive funding program. The the Chief Counsel (HCC–20), (202) 366– effect of this action would be to 1354, Federal Highway Administration, implement the performance-based U.S. Department of Transportation, 400 DEPARTMENT OF TRANSPORTATION program requirements of TEA–21 and Seventh Street, SW., Washington, D.C. provide States greater flexibility in 20590. Federal Highway Administration designing programs to address national and State goals for reducing the number SUPPLEMENTARY INFORMATION: 49 CFR Part 350 and severity of commercial motor Electronic Access [FHWA Docket No. FHWA±98±4878] vehicle (CMV) crashes. Many of these RIN 2125±AE46 revisions have a congressionally Internet users may access all mandated deadline of FY 2000 (October comments received by the U.S. DOT Motor Carrier Safety Assistance 1, 1999). Dockets, Room PL–401, by using the Program (MCSAP) universal resource locator (URL): http:/ DATES: Comments to this NPRM should /dms.dot.gov. It is available 24 hours AGENCY: Federal Highway be received no later than May 10, 1999. each day, 365 days each year. Please Administration (FHWA), DOT. Late comments will be considered to the follow the instructions on-line for more ACTION: Notice of proposed rulemaking extent practicable. information and help. (NPRM); request for comments. ADDRESSES: Signed, written comments You may download an electronic SUMMARY: The FHWA proposes to should refer to the docket number copy of this document using a personal amend the regulations governing the appearing at the top of this document computer, modem, and suitable Motor Carrier Safety Assistance Program and must be submitted to the Docket communications software from the U.S. (MCSAP) by incorporating provisions of Clerk, U.S. DOT Dockets, Room PL–401, Government Printing Office Electronic the Transportation Equity Act for the 400 Seventh Street, SW., Washington, Bulletin Board Service at (202) 512– 21st Century (TEA–21), Pub. L. 105– DC 20590–0001. All comments received 1661. Internet users may reach the 178, 112 Stat. 107 (1998). This action will be available for examination at the Federal Register home page at URL: would broaden the scope of the MCSAP above address between 9 a.m. and 5 http://www.nara.gov/fedreg and from beyond enforcement activities and p.m., e.t., Monday through Friday, the U.S. Government Printing Office programs by requiring participating except Federal holidays. If you desire databases at URL: http:// States to assume greater responsibility notification of receipt of comments, www.access.gpo.gov/nara.

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Background program conditions. Implementation goals of (1) investing in activities The Motor Carrier Safety Assistance grants, based upon an allocation achieving maximum crash reductions, Program (MCSAP) is a Federal grant-in- formula, were available to those States (2) assessing and improving statewide aid program. It is an outgrowth of a very meeting the funding conditions for program performance by setting successful pilot program implemented reimbursement of the Federal share (80 program outcome goals, improving in a few States in 1980 to reduce truck percent) of the cost of eligible information and analysis systems, and and bus crash involvement by enforcement activities. The grant monitoring program effectiveness, (3) combining uniform safety inspections agreement was based on an approved ensuring adequate training of with size and weight enforcement State Enforcement Plan (SEP) detailing enforcement personnel, and (4) activities. The character of the program activities proposed for the succeeding advancing promising technologies and has evolved from a pilot program to a fiscal year. safe operating procedures. The ISTEA reauthorized the MCSAP mature and effective commercial motor Section 4003 of the TEA–21 expands through FY 1997 and expanded the vehicle (CMV) safety program with the definition of ‘‘commercial motor scope of the program to include CMV participation by all eligible vehicle’’ to include vehicles with a gross safety initiatives beyond the traditional vehicle weight (GVW) or gross vehicle jurisdictions. The MCSAP was first inspection activities (e.g., hazardous authorized in the Surface weight rating (GVWR) of at least 10,001 materials training, adoption and pounds. This amendment will simplify Transportation Assistance Act of 1982 reporting of uniform truck and bus crash (STAA) (secs. 401–404, Pub L. 97–424, enforcement in cases where a vehicle data elements, commercial driver with a GVW of more than 10,001 96 Stat. 2097, 2154) and reauthorized in license (CDL) enforcement, and traffic the Commercial Motor Vehicle Safety pounds does not have a corresponding enforcement activities). manufacturer’s GVWR plate or is being Act of 1986 (sec. 12014, Pub. L. 99–570, The ISTEA also allowed for in-kind 100 Stat. 3207, 3207–186) and again in operated in excess of the manufacturer’s contributions by States to be counted GVWR. It also revises the hazardous the Intermodal Surface Transportation toward their matching shares, increased Efficiency Act of 1991 (ISTEA) (secs. materials portion of the definition of the availability of allocated funds for ‘‘commercial motor vehicle’’ in 49 4001–4004, Pub. L. 102–240, 105 Stat. expenditure by the State to the year of U.S.C. 31101 to make it consistent with 1914). The original authorization allocation plus one year, and the ‘‘commercial motor vehicle’’ contained certain eligibility specifically authorized discretionary definition in 49 U.S.C. 31132. requirements for financial assistance, reallocation of unobligated funds. The including agreement to adopt and regulations implementing ISTEA sought A key provision of TEA–21 is the enforce safety regulations compatible to improve program effectiveness and section 4003 requirement that MCSAP with the Federal Motor Carrier Safety transform the MCSAP into a more participating States implement Regulations (FMCSRs) and Hazardous performance-based program by performance-based CMV safety Materials Regulations (HMRs). The encouraging innovation and initiative programs by FY 2000. This provision regulatory compatibility requirement by participating States. The regulations shifts the emphasis of State programs remains today and ensures a permanent established special funding categories from measuring activity levels or inputs, and consistent enforcement and safety rewarding those States designing (e.g., the number of vehicles inspected) presence throughout the nation. comprehensive programs for select to focusing program effort on outcomes The Motor Carrier Safety Act of 1984 activities and using their State CMV (e.g., reductions in CMV crashes, (Title II of Pub. L. 98–554, 98 Stat. 2832, safety data in identifying critical needs fatalities, and injuries). States have 2838) created the Commercial Motor and then developing and implementing reacted very positively to this change Vehicle Safety Regulatory Review Panel specific safety performance outcomes, and all participating MCSAP (Safety Panel) to analyze State CMV such as reduced crash rates. jurisdictions have implemented safety requirements and develop performance-based programs. recommendations on how to achieve New Legislation Section 4003 also revises the grant compatibility with the Federal The TEA–21 was signed into law on eligibility criteria and the State plan regulations. The Safety Panel June 9, 1998. Sec. 4003 of TEA–21 format to require references to recommended, in part, that the FHWA authorizes the MCSAP at the following ‘‘improving’’ CMV safety and establish procedures for the continual funding levels from FY 1998 through FY ‘‘hazardous materials’’ enforcement. review and analysis of the compatibility 2003: $79 million for FY 1998, $90 This proposed amendment emphasizes of State safety laws and regulations with million for FY 1999, $95 million for FY that the principal goal of the MCSAP is Federal requirements through the 2000, $100 million for FY 2001, $105 being expanded beyond simply MCSAP. Consistent with these million for FY 2002, and $110 million enforcing regulations to that of recommendations, the FHWA for FY 2003. encouraging States to assume the incorporated an annual review process Section 4002 of the TEA–21 adds a responsibility for finding ways to as a MCSAP eligibility criterion. Sec. new section 31100 to title 49 of the U.S. actively improve CMV safety. It also 208 of the 1984 Act also authorized the Code which describes the purpose of the reinforces the concept that it is equally Secretary to preempt those State laws grant program. The goals and directives important to adopt and enforce both the and regulations affecting interstate CMV outlined in that section closely parallel FMCSRs and the HMRs. Additional safety found to be inconsistent with the concepts and principles of a proposed revisions include (1) Federal laws and regulations. Such a performance-based program. These establishing programs ensuring proper finding would have the effect of changes are intended to foster greater and timely correction of safety rendering inconsistent State laws and coordination and cooperation between violations noted during roadside regulations unenforceable. State and Federal jurisdictions in inspections, and (2) ensuring that The MCSAP implementing improving CMV safety. The changes roadside inspections are conducted at regulations, published in 1984, included would also give States more flexibility locations that will adequately protect two types of grants. Small fixed-amount to address their particular safety issues the safety of both drivers and development grants were available to through the MCSAP. Section 4002 of the enforcement personnel. These assist all States in achieving minimum TEA–21 also states current program provisions would codify and reinforce

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 11416 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules longstanding best practices of State projects. The Secretary may also process known as a zero-base initiative, CMV safety programs. reimburse State agencies, local to revise and reformat the regulations. The legislation expands existing governments, or other persons up to 100 The majority of these revised requirements that State agencies percent for public education activities regulations will be published as a coordinate the Commercial Vehicle relating to border or high priority separate NPRM in the near future. Safety Plans (CVSP), originally called activities, programs, and projects. Because of the importance of the the State Enforcement Plan, with the The overall MCSAP would consist of MCSAP grant program to State CMV State Highway Safety Plans under 23 four parts: safety enforcement efforts, these revised U.S.C. 402. The TEA–21 mandates 1. Basic Program Funds emphasizing regulations are being separately States participating in MCSAP to uniform roadside driver and CMV safety proposed at this time. Consistent with coordinate the CVSP and data collection inspections, data collection and this effort, the existing Appendix A— and information systems with the State reporting, traffic enforcement, drug and Guidelines To Be Used in Preparing agency administering highway safety alcohol enforcement, educational State Enforcement Plan, Appendix B— programs under title 23, U.S.C. The activities, compliance reviews, and Form of State Certification, and January 1, 1994, deadline for current complementary activities. These Appendix C—Tolerance Guidelines for SAFETYNET participation would be funds would include a performance Adopting Compatible State Rules and deleted from the regulations since all factor that redistributes some Basic Regulations, would be eliminated and States have met the requirement. Each Program Funds to States that achieve the pertinent information would be jurisdiction receiving MCSAP funding is improved CMV crash performance. incorporated into the corresponding required to participate in SAFETYNET 2. Incentive Funds that encourage sections of the new, proposed regulatory and other information systems. There is States to improve CMV crash text. also a new requirement for States to performance and to meet other safety The FHWA has made a special effort exchange information in a timely performance criteria. to ensure that the language used in this manner. These revisions would 3. High Priority and Border Activity proposal is logically presented, clearly encourage States and agencies within a Funds. State to share best practices and develop 4. Administrative set-aside of 1.25 formatted, and easily understood. The broader-based safety programs. percent to cover program administration following three techniques have been Section 4003(f) of TEA–21 removes and State personnel training costs. used: the current funding set-asides for 1. Question and Answer Format: The research and development, traffic The Proposal FHWA constructed the proposed rules enforcement, hazardous materials The purpose of this proposal is to (1) so that each section heading asks a training, public awareness, and improve the effectiveness of the MCSAP question, and the answer to the question demonstration of technologies and by implementing performance-based, becomes the regulatory requirement. methodologies. These set-asides were results-oriented programs, (2) 2. The Active Voice: A sentence created to encourage uniform State implement TEA–21 revisions to the constructed using the active voice is implementation of significant national MCSAP, (3) provide an improved grant usually easier to understand than one programs but limited States’ flexibility distribution scheme which supports and using the passive voice. in allocating their MCSAP resources. enhances the performance-based 3. ‘‘Plain English’’: On October 4, They are being replaced by new concept and rewards States for their 1993, the President issued Executive allocation criteria allowing the safety program improvements, (4) Order 12866, stating ‘‘all information administrative flexibility needed for rewrite the MCSAP regulations to be provided to the public by the agency States to design programs targeting their consistent with our zero-base efforts to shall be in plain, understandable unique safety problems as well as eliminate redundancy and clarify language.’’ (Section 6(a)(3)(f)). This meeting national priorities. The new requirements, (5) define key terms such proposal uses basic English and simple funding allocation allows up to 5 as ‘‘performance-based program,’’ sentence structure. We have minimized percent of MCSAP funds to be ‘‘Basic Program Funds,’’ ‘‘Incentive the use of complex, technical, and legal designated for States, local governments Funds,’’ ‘‘national program elements,’’ terms as much as possible and adopted and other persons using and training ‘‘traffic enforcement’’ as it pertains to a more conversational writing style. qualified personnel for high priority the MCSAP, and (6) make other activities and programs that improve conforming amendments reflecting Consolidation of Appendices CMV safety and compliance with safety changes in the law and new program regulations. Up to 5 percent of MCSAP direction. The proposal incorporates into the funds will also be available to States, rule text what is currently set apart in local governments, and other persons Format Changes to the MCSAP Appendices A, B, and C. using and training qualified personnel Regulations The following table shows where each to carry out border CMV safety In 1992, the FHWA initiated a section of the current regulations would programs, enforcement activities, and complete review of the FMCSRs, a appear in the new format:

PART 350.ÐCOMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

Current regulation Proposed regulation

350.1ÐPurpose ...... 350.103 350.3ÐDefinitions ...... 350.105 350.5ÐPolicy ...... 350.101 350.7ÐObjective ...... 350.101 350.9ÐConditions for basic grant approval ...... 350.107, 350.201 350.11ÐAdopting and enforcing compatible laws and regulations (gen- erally): 350.11(a) ...... 350.201(a)

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PART 350.ÐCOMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAMÐContinued

Current regulation Proposed regulation

350.11(b) ...... 350.331(c) 350.11(c) ...... Removed. 350.11(d) ...... 350.105 (compatible/compatibility) 350.11(e) ...... 350.203 350.11(f) ...... 350.331(d) 350.11(g) ...... 350.173 350.11(h) ...... 350.335(a) 350.11(i) ...... 350.335(b) 350.13ÐState Enforcement Plan (SEP) for a basic grant ...... 350.213 350.15ÐCertification of compliance by State ...... 350.209 350.17ÐMaintenance of effort ...... 350.301 350.19ÐGrant application submission ...... 350.205 350.21ÐDistribution of funds: 350.21(a) ...... 350.303 350.21(b) ...... 350.305 350.21(c) ...... 350.323(a) 350.21(d) ...... 350.323(b) 350.21(e)±(f) ...... 350.313, 350.315, 350.317, 350.319, 350.321, 350.323, 350.325, 350.327, 350.329 350.21(g) ...... 350.307 350.23ÐAcceptance of State plan ...... 350.205, 350.207 350.25ÐEffect of failure to submit a satisfactory State plan ...... 350.205, 350.207 350.27ÐProcedure for withdrawal of approval ...... 350.215 350.29ÐEligible costs ...... 350.311, 350.315 350 App AÐGuidelines To Be Used in Preparing State Enforcement 350.213 The SEP has been renamed the Commercial Vehicle Safety Plan. Plan (CVSP). 350 App BÐForm of State Certification ...... 350.211 350 App CÐTolerance Guidelines for Adopting Compatible State Rules and Regulations: paragraph 1 ...... Removed. paragraph (2)(a) ...... 350.337 paragraph (2)(b) ...... 350.337 paragraph (3)(a) ...... Removed. paragraph (3)(b) ...... 350.341(a) paragraph (3)(c) ...... 350.341(b) paragraph (3)(d) ...... 350.341(c) paragraphs (3)(d)(1)±(d)(11) ...... 350.343 paragraph (3)(e) ...... 350.341(d) paragraph (3)(f) ...... 350.341(e) paragraph (3)(g) ...... 350.341(f) paragraph (3)(h) ...... 350.341(g) paragraph (3)(i) ...... 350.341(h) paragraph (3)(j) ...... 350.203

Substantive Program Changes to the Revisions: Three terms would be MCSAP Changes MCSAP Regulations revised. The term ‘‘commercial motor With the enactment of TEA–21, the vehicle’’ (CMV) would be broadened to Congress has endorsed and promoted This section introduces new and include vehicles with a gross vehicle revised terms for the MCSAP program the performance-based approach to weight (GVW), gross vehicle weight and discusses proposed changes MCSAP by all but eliminating activity- rating (GVWR), gross combination affecting the character of the MCSAP specific funding set-asides from weight (GCW), or gross combination program. previous legislation. The TEA–21 weight rating (GCWR) of at least 10,001 creates two new funding categories Definitions pounds. The definition would also within the MCSAP: include CMVs hauling placardable Removals: The term ‘‘basic High Priority Activities and Projects amounts of hazardous materials as allocation’’ would be removed and described in the HMRs (49 CFR part The proposed rule would define this replaced by either the term ‘‘Basic 172, subpart F). This proposal would category as national program activities Program Funds’’ or ‘‘Incentive Funds.’’ match the hazardous materials portion designed to improve CMV safety and The term ‘‘basic grant’’ would be compliance with CMV safety removed and replaced by the term of the definition of a CMV found in 49 U.S.C. 31132. regulations, including public awareness ‘‘Basic Program Funds.’’ efforts, education, and technology Additions: Five new terms are The term ‘‘compatible/compatibility’’ demonstration. The Secretary may proposed and would be defined under would reflect new regulations of the designate up to 5 percent of available § 350.105: ‘‘Basic Program Funds,’’ Research and Special Programs MCSAP funds each year for this ‘‘Border Activity Funds,’’ ‘‘High Priority Administration requiring transporters of purpose. Activity Funds,’’ ‘‘Incentive Funds,’’ hazardous materials to comply with the The proposed high priority funding ‘‘North American Standard Inspection,’’ HMRs for both interstate and intrastate allocation would allow the FHWA to and ‘‘Performance Factor.’’ operation. continue funding uniform national

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Adoption and Implementation of officers and employees in coordination The issue of what period of time must Performance-Based Programs with State CMV safety agencies, through or should be covered by States in a grants, contracts, and cooperative The TEA–21 also requires that all program evaluation has created agreements. Should High Priority States adopt and implement a confusion for many years. In order to Activity Funds be available in a given performance-based MCSAP by the year assess progress in achieving safety goals, fiscal year, the FHWA will solicit grant 2000. This mandate has already been States must have a process to measure proposals from the States. achieved because participating States the impact of their program efforts. In began developing performance-based, past years, many States have indicated Border Commercial Motor Vehicle results-oriented programs and CVSPs in that they could not provide evaluation Safety and Enforcement Programs FY 1998. The FHWA recognizes and data for the previous fiscal year’s The new legislation establishes emphasizes that adopting a program activities in the current year funding for border activities to provide performance-based grant program is an CVSP. States indicated this could not be national resources to assist States along evolutionary process requiring done either because program activities the nation’s borders with the added continual improvement and were still underway or that program safety responsibilities they face with the enhancement. data had not yet been fully collected, full implementation of the NAFTA. The States have always been required to processed, or evaluated. This led to Secretary may designate up to 5 percent include an evaluation of their program CVSPs containing limited evaluation of available amounts for the MCSAP in the annual safety plan. For the most data. allocation in a fiscal year for States, part, success was measured by the What the agency proposes with this local governments, and other persons number of activities conducted rather rule is for States to provide trend data for carrying out CMV safety programs than outcomes achieved. Even though in their CVSP as a means of evaluating and enforcement activities and projects these evaluations helped States identify program progress made to date. Ideally, at the borders of the United States. program improvements, a results- these evaluations would include a These amounts would be allocated to oriented program would better enable breakdown of impact by fiscal or State agencies, local governments, and States to identify problems and develop calendar year. In the absence of other persons that use and train effective solutions. Adopting a available data for the year immediately qualified officers and employees in performance-based program gives the preceding the current CVSP, the agency coordination with State CMV safety added benefit of allowing a State to requests that the States include trend agencies. better support program decisions and analysis for the program area in more accurately measure the question using the most current data Commercial Vehicle Safety Plan (CVSP) effectiveness of individual activities and available. The FHWA proposes to change the the overall program. National Program Elements—Each requirements relating to what a State The following is a discussion of key CVSP would address, in a performance- would include in the CVSP in order to sections proposed for the CVSP: based manner, the national elements reflect a performance-based program. State Agency Goal or Mission—This described in § 350.109: (a) driver/ The TEA–21 eliminates the current section would contain a brief statement vehicle inspections, (b) traffic statutory requirement that States enact describing the mission of the MCSAP enforcement, (c) compliance reviews, an out-of-service (OOS) verification lead agency. (d) public education and awareness, and program. Instead, States would be Program Evaluation—This section (e) data collection and upload. Even if required, as part of the CVSP, to certify would contain a comprehensive a State plans no activities for a given that they have a process in place for evaluation of the effectiveness of prior element, it would be required to explain timely and proper correction of all CMV years’ program activities as defined by the basis for that resource allocation. safety violations noted during the State. The evaluation period should Problem Statement—This would be a inspections. States would also be be at least 2 years and could be up to brief, yet definitive, statement for each required to ensure that all inspections 5–10 years. States would describe the identified safety or performance are conducted in locations that methodology and results of the problem to be addressed in the plan. adequately protect the safety of both evaluation. States would The statement would be supported by drivers and enforcement personnel. The comprehensively discuss progress data or other information. States would new CVSP format would incorporate toward individual performance provide specific detail about what is these provisions into the CVSP objectives listed under the ‘‘Objectives’’ contributing to or causing the problem Certification. States would be required section of the previous years’ CVSP and (if known), or whether further research to expand their current practice of identify any safety or performance is needed to identify these factors. A coordinating the State CVSP with the problems discovered. States would hypothetical problem statement follows: Highway Safety Plan developed under identify those problems in the new or ‘‘The 1997 Inspection System Report 23 U.S.C. 402. The TEA–21 requires that modified CVSP. The discussion would indicates that 30 percent of inspection States coordinate their plan, data set forth the original problem, the reports for the State were rejected. We collection, and information systems intended objectives (activities and have determined that the error rate was with State highway safety programs strategies), performance measures caused because inspectors improperly under title 23, U.S.C. The FHWA achieved, recommended modifications recorded U.S. DOT identification strongly encourages State MCSAP to the CVSP, if any, and the actual final numbers, resulting in an inability to agencies to take a leadership role in outcome. States may carry over match the inspection with a known coordinating planning, data collection, objectives from one year to the next. carrier (non-match).’’

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Performance Objectives—This section a tool for improving the plan, and local agencies to qualify for these funds would clearly tie the objectives of the provide interim data for evaluation. are consistent with the conditions plan to the problems identified. Each Resources—States would provide a established for the State’s MCSAP objective would clearly state, in comprehensive description of all agency. measurable terms, what the plan intends resources required to accomplish Improved Allocation Formula and to accomplish. Objectives would be proposed objectives. Resources would Processes realistic and have an adequate time be consistent with eligible expenses frame for achievement. Here is an under § 350.311, including personnel, The same five formula factors, example of a performance objective for equipment, materials and supplies, updated yearly, have been used to the hypothetical problem statement information systems, and contractual allocate Basic Program Funds since the above: ‘‘Decrease the non-match rate for services needed to accomplish those beginning of the MCSAP in 1984. The the State inspection reports to 20 objectives. States would describe national motor carrier safety program is percent or less in FY 99.’’ resources and estimate the total dollar being restructured to focus on strategic Strategy—This section would describe expense. States are encouraged to be safety investments, increased flexibility the general, measurable method(s) to be creative and consider joint ventures for grantees, updated information used to accomplish each objective. Here with other States as well as using systems and analysis, and improved is an example of a strategy for the existing Federal government, university, driver programs. The Basic Program hypothetical performance objective and commercial resources. Funds allocation formula is used to above: ‘‘Improve inspectors’’ knowledge Additional Activities—This section determine the amount of funds the of proper carrier identification and would indicate, in a performance-based States participating in the MCSAP are recording procedures.’’ manner, planned enforcement activities eligible to receive. While the Activity—States would specify how in which the State is involved (e.g., reauthorization of the program was they intend to use resources to vehicle size and weight, alcohol/ pending, the FHWA reexamined the implement the strategy identified above. controlled substance checks, drug formula to explore possible changes to Here are three sample activities for the interdiction). the factors to reflect and support a hypothetical strategy above: (1) Send 30 performance-based approach. inspectors to the ‘‘Inspection Recording Local Jurisdictions During the reauthorization process, Techniques’’ training class conducted This NPRM provides a process for the Congress supported the use of by the National Training Center by 9/30/ making High Priority and Border performance as a criterion for allocating 99, (2) Use laptop and OMC inspection Activity Funds available to local MCSAP funds. The FHWA, therefore, software, (3) Provide ‘‘supervised’’ jurisdictions as well as lead MCSAP proposes to link some portion of this inspection activities (on-the-job State agencies. This provision could formula funding to safety performance. training), and (4) Provide all inspectors enhance MCSAP effectiveness by To minimize program disruption in the with training in carrier identification providing additional enforcement and States, the FHWA recommends a techniques. safety resources in every State. The gradual transition from allocating Performance Measures—This section FHWA has long considered local agency essentially all MCSAP funds based upon would list quantitative guides used to participation to be critical in improving formula factors to allocating a portion of rate the progress and effectiveness of the enforcement/compliance activities and MCSAP funds to States based upon their program. These guides would be listed building a uniform enforcement CMV safety performance. For example, for individual elements of the CVSP or presence throughout the nation. This after deducting the high priority, border, the overall plan. This information proposed provision is not intended to and administrative takedown funds, in would be used for on-going program enable local agencies to circumvent lead the year 2000, 90 percent of the monitoring and the annual evaluation. agency authority. The FHWA would remaining appropriated funds will be An example of a performance measure require local agencies to coordinate allocated as Basic Program Funds is ‘‘Thirty inspectors complete activities with the lead State MCSAP according to the formula. The remaining Inspection Recording Techniques agency, to the extent practicable, in 10 percent of the funds available for training by 9/30/99.’’ order to ensure national and State allocation will be placed in an incentive Performance Monitoring—This program uniformity and sharing of best account from which States will receive section would discuss the method the practices. The FHWA would provide additional funds based on safety State would use to monitor how grants directly to local agencies only in improvements. In the year 2001, to effectively the CVSP is being cases where it is not possible to work encourage continued improved safety implemented. The State would clearly through the lead MCSAP agency. It is performance, the split is proposed at 85 designate (1) who will monitor the critical that inspections and other percent for the Basic Program Funds CVSP, (2) how frequently the plan will compliance or enforcement activities be and 15 percent for the Incentive Funds. be monitored, (3) to whom reports conducted uniformly. Therefore, we In the year 2002, the split is proposed would be submitted, and (4) how would require local agencies and at 80 percent and 20 percent. In 2003, reports will be submitted. The MCSAP agencies to coordinate the split is proposed at 75 percent and information derived from this process development of the CVSP and 25 percent. The following chart sets would demonstrate the State’s progress implementation of program activities. forth the proposed allocation of MCSAP toward achieving its objectives, provide The basic conditions being proposed for funds for a 4-year period.

PROPOSED MCSAP FUNDS DISTRIBUTION

Fiscal year 2000 Percent 2001 Percent 2002 Percent 2003 Percent

Total MCSAP Funds ...... $95,000,000 ...... $100,000,000 ...... $105,000,000 ...... $110,000,000 ...... Administrative Takedown ...... 1,187,500 ...... 1,250,000 ...... 1,312,500 ...... 1,375,000 ...... High Priority Activities ...... 4,750,000 ...... 5,000,000 ...... 5,250,000 ...... 5,500,000 ...... Border Activities ...... 4,750,000 ...... 5,000,000 ...... 5,250,000 ...... 5,500,000 ......

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PROPOSED MCSAP FUNDS DISTRIBUTIONÐContinued

Fiscal year 2000 Percent 2001 Percent 2002 Percent 2003 Percent

Basic Program Funds ...... 75,881,250 90 75,437,500 85 74,550,000 80 73,218,750 75 Incentive Funds ...... 8,431,250 10 13,312,500 15 18,637,500 20 24,406,250 25

Incentive Funds would be used to derived from reliable sources. The vehicles. Neither the International reward those States achieving improved Workgroup also decided that annual Registration Plan (IRP) nor the safety performance or that meet population estimates issued by the U.S. International Fuel Tax Agreement specified safety performance criteria. Bureau of the Census are preferred to (IFTA) can be used as a source of data the decennial census because the annual because they currently lack uniformity The MCSAP Formula Workgroup figures more accurately represent the and consistency. In 1997, the FHWA convened a current population and its gradual 10. Hazardous Materials. It is very MCSAP Formula Workgroup. The change over the years does not cause difficult to establish a reliable, easily Workgroup was comprised of OMC extreme fluctuation of the funding verifiable number of motor carriers. representatives from each of the nine allocation. 11. Number of Commercial Motor FHWA Regions, FHWA Headquarters, Carriers. The MCMIS carrier census file and a team from Oak Ridge National Potential New Factors does not contain information on the Laboratory. This Workgroup had the The Workgroup discussed a large number of intrastate motor carriers. It is following five objectives: number of potential Basic Program difficult to derive the number of 1. Review the current Basic Program Funds formula factors. These factors intrastate motor carriers within a State Funds formula and its factors in a were identified in an attempt to better using the MCMIS and other data sources historical context of fairness, equity, and more fairly quantify the level of (e.g., the Truck Inventory and Use and safety impact. CMV activity within any given State or Survey [TIUS]). 2. Understand the needs of each of the Territory. The following sixteen 12. Lane Miles. Lane miles are highly States and Territories and provide an potential formula factors were correlated with road miles which is a analytical approach to the considered and ultimately rejected for well-understood current factor. reexamination of the formula. the reasons provided. 13. Miles of Interstate Highways. 3. Consider potential new factors and 1. Cost of Living. Proposed funding Interstate miles are also highly evaluate their impact upon recipients of increases need to be driven by CMV correlated with road miles. MCSAP funds. safety program requirements rather than 14. Miles of National Highway System 4. Discuss options for building safety the general condition of the U.S. (NHS). NHS miles are also highly performance measurements into the economy. correlated with road miles. The process of apportioning funds to the 2. Intelligent Transportation System category, however, is too restrictive by States. (ITS) activities. MCSAP funds are safety itself to be a factor. 5. Produce a Basic Program Funds enforcement-oriented. Other funding 15. Three-year Moving Average of formula which more effectively sources are available to develop new Population Estimates. The annual apportions the available funds as fairly technology. population estimates are easier to use as possible as an incentive for improved 3. Intermodal Activities. There are no and more accurate and verifiable. CMV safety performance. reliable data sources available at the 16. Traffic Density Index. Traffic During the most recent Basic Program current time. density was defined by VMT/road Funds formula review, the Workgroup 4. Number of CMV Crashes. The miles, VMT/lane miles, and commercial re-examined the five current formula Motor Carrier Management Information VMT/lane miles. All three definitions factors (road mileage, vehicle miles System (MCMIS) crash file is not yet were tested. Analysis suggested that the traveled, registrations, population, and sufficiently populated to be considered traffic density index at the State level fuel consumption). Each factor was ready for rigorous use as a funding does not accurately reflect the potential examined for reliability, stability over factor. for crash involvement. time, and for correlation with other 5. Number of Commercial Buses. factors to ensure that they were not There is no reliable source of data at this Proposed Allocation Formula redundant. The Workgroup found that time. After extensive analysis, the truck registration data do not measure 6. Number of Commercial Driver’s Workgroup proposed that the following CMV activity, because vehicles may be Licenses (CDL). The current system does four factors be included in the Basic registered in one State but operate not purge records of inactive drivers, Program Funds formula for determining primarily in another State. The creating difficulty in establishing an funds allocation to the States: Workgroup also recognized that CMV accurate count of active CMV drivers. 1. Road Miles. This factor measures registration often reflects where 7. State Contribution/Effort. This crash exposure, is easily understood, registration costs are the lowest, rather factor is a very difficult number to applies to all types of vehicles, is very than where the vehicle is operated. quantify and verify. stable over time, and is recognized by Furthermore, the quality of registration 8. Land Area. Land area was not the States. data is suspect since vehicle registration considered to be a fair factor because 2. Total vehicle miles traveled (VMT). numbers can fluctuate greatly year by larger geographical areas do not This is acceptable for the same reasons year. The four remaining factors were necessarily represent more motor carrier listed in number 1. considered valid because they continue activity. 3. Annual population estimates. to provide a measure of overall traffic 9. Commercial Truck VMT. This Population is a factor which is volume, indicate the potential for factor is not easy to derive from recognized by the States. The annual crashes, relate to motor carrier activity ‘‘Highway Statistics’’ data since that estimates are preferred because they are levels, are easy to understand, and are publication reports the total VMT of all highly correlated to the decennial

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aggregate large truck fatal crashes = [10- year avera ge crash rate] aggregate annual population estimates

2. The FHWA would then calculate the State’s 1998 crash rate. The formula would be as follows:

1998 FARS large truck fatal crashes = [1998 crash rate] 1998 Census population estimates

3. If a comparison reveals the State’s 4. If a comparison reveals that the year 1, the State would receive its full crash rate has increased, the State crash rate has decreased, the State Basic Program Funds allocation. If in would be penalized by the amount would be eligible for an upward year 2, the State crash rate went down, representing the rate of increase. For adjustment of its Basic Program Funds the State would receive the full Basic example, if the 10-year average crash allocation. The funds forfeited by States Program Funds allocation plus an rate for the period from 1988–1997 is under the performance adjustment upward adjustment to reflect its .001865, and the 1998 crash rate is would be redistributed equally among improved crash rate. If in year 2, the .001878, the factor would be calculated those States where the crash rate crash rate went up, the State would lose as follows: .001878 minus .001865 improves. These adjustments would be a maximum of 2 percent. If the crash equals .000013 The number .000013 made prior to distribution of funds. rate continues to be above the 10-year divided by .001865 times 100 equals 5. The performance factor would limit average rate in consecutive years, the 0.70 percent. The State would, the penalty for a State with an increased maximum forfeiture will increase to 2 therefore, lose 0.70 percent of its FY crash rate to no more than 1 percent for percent, 3 percent, and 4 percent, in the 2000 Basic Program Funds. The each consecutive year the crash rate second, third, and fourth occurrences, maximum forfeiture for FY 2000 would increased. For example, if a State were respectively. be 1 percent. to experience an increase in crash rate 6. The calculations in steps 1 through .001878 ¥ .001865 = .000013 in year 1, the penalty would be a 5 would be repeated in FY 2001 through .000013 ÷ .001865 × 100 = .70% maximum of 1 percent. If in year 2, the 2003, adjusting the variables as follows: increase in rate State crash rate remained level with

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Most recent data Maximum penalty Calculation year Ten-year variable year variable cap (percent)

2001 ...... 1989±1998 1999 2 2002 ...... 1990±1999 2000 3 2003 ...... 1991±2000 2001 4

Incentive Funding Compatibility significant regulation under the regulatory policies and procedures of In addition to the annual regulatory The primary objective of the MCSAP the DOT. These proposed changes to the review for compatibility of State laws is to reduce CMV-involved crashes and FMCSRs would not cause an annual and regulations required to be submitted resultant fatalities, injuries, and impact on the economy of over $100 with the CVSP, the FHWA is proposing property damage. The agency is using a million, and they would not adversely to require a State to submit, within 30 performance-based approach to affect a sector of the economy in a days after enactment, to the appropriate encourage grant recipients to improve material way. These changes would not FHWA field office for review, a copy of highway safety performance. To that create an inconsistency or otherwise end, the FHWA proposes to reward any law or regulation affecting CMV interfere with another agency’s actions, those States that reduce CMV-involved safety. The FHWA is also proposing to nor do they raise novel legal or policy fatal crashes, CMV-involved fatal crash eliminate the current tolerances in issues. These changes merely rates, and/or have programs that meet Appendix C, Paragraph 2(a) related to implement a recently enacted legislative specified safety performance criteria. hazardous materials enforcement. As of mandate directing the FHWA to amend Eligibility for Incentive Funds is not October 1, 1998, the HMRs are its regulations pertaining to the MCSAP. conditioned upon the results of the applicable to transportation of This NPRM proposes to broaden the performance factor computation. hazardous materials by highway, and scope of the MCSAP beyond Incentive Funds would be awarded as departmental policy is to promote the enforcement activities and programs by follows: full involvement of State CMV safety requiring participating States to assume 1. Reduction of CMV-involved fatal enforcement resources in ensuring greater responsibility for improving crashes. States achieving any reduction compliance with these regulations. motor carrier safety. It proposes to would be awarded five shares. Therefore, all States will be required to revise the MCSAP funding distribution 2. Reduction of CMV-involved crash achieve full compatibility for both formula, create a new incentive funding rates. States reducing the CMV-involved interstate and intrastate hazardous program, and require States to develop crash rate would be awarded four materials transportation within three performance-based CMV safety plans. shares. years after the effective date of October Thus, in light of this analysis, especially 3. Timely reporting of CMV crash data 1, 1998. the finding that the economic impact of within FHWA policy guidelines. States Rulemaking Analyses and Notices this action is likely to be minimal, the uploading CMV crash reports within FHWA has determined that a full All comments received before the policy guidelines would be awarded regulatory evaluation is not required. close of business on the comment three shares. closing date indicated at the beginning Regulatory Flexibility Act 4. Status verification of all CDLs of this document will be considered and In compliance with the Regulatory through the Commercial Driver’s will be available for examination in the Flexibility Act (5 U.S.C. 601–612), the License Information System (CDLIS), docket at U.S. DOT Dockets, room PL– FHWA has evaluated the effects of this National Law Enforcement 401, 400 Seventh Street, SW., rule on small entities. It is anticipated Telecommunication System (NLETS), or Washington, D.C. 20590–0001 or using that this rulemaking will have little or State licensing authority as part of the the Department of Transportation a non-significant impact upon small State inspection process. States Docket Management System located at entities. The proposed changes merely certifying that all CDLs are verified as the Internet address http://dms.dot.gov. implement TEA–21 provisions part of the vehicle/driver inspection Comments received after the comment pertaining to the MCSAP affecting only process, through CDLIS, NLETS, or the closing date will be filed in the docket States and local jurisdictions. This State licensing authority, would be and will be considered to the extent NPRM provides a process for making awarded two shares. practicable. In addition to late high priority activity, border activity, 5. Reporting of inspection data within comments, the FHWA will also and information system funds available FHWA policy guidelines. States continue to file relevant information to local jurisdictions as well as MCSAP uploading CMV inspection reports that becomes available after the agencies. The basic conditions being within policy guidelines would be comment closing date in the docket. proposed for local agencies to qualify awarded one share. Interested persons should continue to for these funds are consistent with the The total of all States’ shares would examine the docket for new material. conditions local agencies must follow be divided into the dollar amount of Nevertheless, the FHWA may issue a now to receive funds through the Incentive Funds available, thereby final rule at any time after the close of MCSAP agency. The number of local establishing the value of one share. Each the comment period. agencies that would receive direct State’s incentive allocation would then funding would be minimal since the Executive Order 12866 (Regulatory be determined by the number of shares FHWA would provide grants directly to Planning and Review) and DOT it has received that year. local agencies only where it is not Regulatory Policies and Procedures The FHWA would assist States in possible to work through the lead finalizing the MCSAP budget request by The FHWA has determined that this MCSAP agency. In all circumstances, estimating the potential Incentive Funds document does not constitute a the local agencies would not be required available to them for the upcoming significant regulatory action for the to participate unless they found that it fiscal year. purposes of Executive Order 12866 or a was in their best interest. Therefore, the

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FHWA hereby certifies that this regulations, standards, and orders. This Federal Regulations. The Regulatory proposed action will not have a grant-in-aid program is known as the Information Service Center publishes significant economic impact on a Motor Carrier Safety Assistance Program the Unified Agenda in April and substantial number of small entities. (MCSAP). The Intermodal Surface October of each year. The RIN contained Transportation Efficiency Act of 1991 in the heading of this document can be Unfunded Mandates Reform Act (ISTEA) added programs, such as drug used to cross reference this action with This proposed rule would not impose interdiction, traffic enforcement, and the Unified Agenda. a Federal mandate resulting in the size and weight activities conducted in expenditure by State, local, and tribal conjunction with CMV inspections to List of Subjects in 49 CFR Part 350 governments, in the aggregate, or by the the core program established by the Grant programs—transportation, private sector, of $100 million or more STAA. Sections 4002 and 4003 of the Highway safety, Motor carriers, Motor in any one year (2 U.S.C. 1532). Transportation Equity Act for the 21st carrier safety. Century (TEA–21) further enhance the Executive Order 12612 (Federalism Issued: February 24, 1999. MCSAP by increasing enforcement Assessment) Kenneth R. Wykle, activities in key areas where the primary This action has been analyzed using Administrator, Federal Highway responsibility for CMV enforcement Administration. the principles and criteria contained in falls upon local agencies. This NPRM Executive Order 12612. The proposed proposes to make special allocation In consideration of the foregoing, the changes would implement TEA–21 grants for high priority activities and FHWA amends title 49, Code of Federal provisions. The MCSAP is a grant-in-aid projects or border activities available to Regulations, chapter III, as follows: type program whereby Federal financial local agencies in addition to MCSAP 1. Part 350 of chapter III of title 49, assistance is provided to States. The State lead agencies. State and local Code of Federal Regulations, is revised basic nature of the program and the jurisdictions applying for the MCSAP to read as follows: level of total funding for the program are are required to submit a Commercial PART 350ÐCOMMERCIAL MOTOR not affected by these proposed changes. Vehicle Safety Plan, a certification that CARRIER SAFETY ASSISTANCE The proposed changes do not limit the their laws and regulations are PROGRAM policy making discretion of the States. compatible with the FMCSRs and Therefore, this rulemaking does not HMRs, and periodic evaluations of their Subpart AÐGeneral have sufficient Federalism implications program to the FHWA. to warrant the preparation of a Need: This information is necessary to Sec. Federalism assessment. enable the FHWA to determine whether 350.101 What is the Motor Carrier Safety a State or local agency meets the Assistance Program (MCSAP)? Executive Order 12372 350.103 What is the purpose of this part? (Intergovernmental Review) statutory and administrative criteria to be eligible for a grant. It is necessary for 350.105 Definitions used in this part. The regulations implementing activities and accomplishments to be 350.107 What jurisdictions are eligible for MCSAP funding? Executive Order 12372 regarding reported so that FHWA may monitor intergovernmental consultation on 350.109 What are the national program and evaluate an agency’s progress under elements? Federal programs and activities do not its approved plan and make the 350.111 What constitutes ‘‘traffic apply to this program. Catalog of determinations and decisions required enforcement’’ for the purpose of the Federal Domestic Assistance Program by 49 CFR 350. MCSAP? Number 20.217, Motor Carrier Safety. Estimated Total Annual Burden: Subpart BÐRequirements for Paperwork Reduction Act 14,498 hours. Comments: Comments concerning the Participation This rulemaking does not impose new paperwork burden and burden hour 350.201 What conditions must a State meet information collection requirements. estimates in this proceeding may be The only potential change to the to qualify for Basic Program Funds? directed to OMB and the FHWA, 350.203 What happens to a participating existing information collection respectively, by addressing them to: State’s Basic Program and Incentive requirement would be the number of Office of Management and Budget, Funds if it adopts an incompatible law affected parties. These changes will be Office of Information and Regulatory or regulation? submitted to the Office of Management Affairs, Washington, DC 20503 and 350.205 How and when does a State apply and Budget (OMB) for approval in Federal Highway Administration, Forms for MCSAP funding? accordance with the Paperwork Clearance Officer Earl Coles (HMS–12), 350.207 What response does a State receive Reduction Act of 1995, 44 U.S.C. 3501– Office of Information and Management to its CVSP submission? 3520. 350.209 How does a State demonstrate that Services, 400 Seventh Street, SW., it satisfies the conditions for Basic Title: Motor Carrier Safety Assistance Washington, DC 20590. Program (MCSAP). Program funding? National Environmental Policy Act 350.211 What is the format of the OMB Number: 2125–0536. certification required by § 350.209? Affected Public: State MCSAP lead The agency has analyzed this action 350.213 What must a State CVSP include? agencies and local jurisdictions seeking for purposes of the National 350.215 What are the consequences of a MCSAP funding. Environmental Policy Act of 1969 (42 State failing to perform according to an Abstract: Sections 401–404 of the U.S.C. 4321 et seq.) and it has approved CVSP or otherwise failing to Surface Transportation Assistance Act determined that this action would not meet the conditions of this part? of 1982 (STAA) established a program of have any effect on the quality of the financial assistance to the States’ environment. Subpart CÐFunding implementation of programs for the Regulation Identification Number 350.301 What level of effort must a State enforcement of (a) Federal rules, maintain to qualify for MCSAP funding? regulations, standards, and orders A regulation identification number 350.303 What are the State and Federal applicable to commercial motor vehicle (RIN) is assigned to each regulatory shares of expenses incurred under an safety and (b) compatible State rules, action listed in the Unified Agenda of approved CVSP?

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350.305 Are U.S. Territories subject to the likelihood that safety defects, driver seeking to participate in the Motor matching funds requirement? deficiencies, and unsafe motor carrier Carrier Safety Assistance Program. The 350.307 How long are MCSAP funds practices will be detected and corrected application must be approved by the available to a State? before they become contributing factors Office of Motor Carriers for States to 350.309 What activities are eligible for reimbursement under the MCSAP? to a crash. The MCSAP also sets forth qualify for MCSAP funds. The plan 350.311 What specific items are eligible for the conditions for participation by consists of an assessment of the reimbursement under the MCSAP? States and local jurisdictions and previous year’s achievements, the 350.313 How are MCSAP funds allocated? promotes the adoption and enforcement State’s projected activities for the 350.315 How may Basic Program Funds be of safety rules, regulations, and coming year, based upon identified used? standards compatible with the Federal problems, and evaluation measures 350.317 What are Incentive Funds and how Motor Carrier Safety Regulations which allow the State to assess program may they be used? (FMCSRs) and Federal Hazardous outcomes. It must also contain an 350.319 What are permissible uses of High Material Regulations (HMRs). itemized budget and a budget summary, Priority Activity Funds? and the State’s projected training plan 350.321 What are permissible uses of § 350.103 What is the purpose of this part? Border Activity Funds? for the new year. The CVSP must be 350.323 What criteria are used in the Basic The purpose of this part is to ensure accompanied by a Certification of Program Funds allocation? the FHWA, States, and other political Compliance, and a copy of any new or 350.325 How is the performance factor jurisdictions work in partnership to revised State law that bears on any item determined? establish programs to improve motor listed in the Certificate. 350.327 How may States qualify for carrier, CMV, and driver safety to Compatible or Compatibility—means Incentive Funds? support a safe and efficient that State laws and regulations 350.329 How may a State or a local agency transportation system. qualify for High Priority or Border applicable to interstate commerce and to Activity Funds? § 350.105 Definitions used in this part. intrastate movement of hazardous materials are identical to the FMCSRs 350.331 How does a State ensure its laws Administration—means the Federal and HMRs. State laws applicable to and regulations are compatible with the Highway Administration (FHWA). FMCSRs and HMRs? Administrative Takedown Funds— intrastate commerce are either identical 350.333 What are the guidelines for the to the FMCSRs or fall within the compatibility review? funds deducted by the FHWA each fiscal year from the amount made established limited variances under 350.335 What are the consequences if my § 350.341 of this part. State has laws or regulations available for the MCSAP for expenses incompatible with the Federal incurred in the administration of the High Priority Activity Funds—funds regulations? MCSAP, including expenses to train provided to States, local governments, 350.337 How may State laws and State and local government employees and other persons carrying out activities regulations governing motor carriers, and develop related training materials. and projects that are of high priority and CMV drivers, and CMVs in interstate Administrator—means the Federal improve CMV safety and CMV safety commerce differ from the FMCSRs and Highway Administrator. regulation compliance. Up to 5 percent still be considered compatible? of total MCSAP funds are available for 350.339 What are tolerance guidelines? Basic Program Funds—means the total MCSAP funds less the High these activities. 350.341 What specific variances from State Incentive Funds—funds awarded to laws and regulations governing motor Priority Activity, Border Activity, carriers, CMV drivers and CMVs engaged Administrative Takedown, and States achieving reductions in CMV exclusively in intrastate commerce are Incentive Funds. involved fatal crashes, CMV crash rate, allowed? Border Activity Funds—funds or meeting specified CMV safety 350.343 How may a State obtain a new provided to States, local governments, program performance criteria. exemption for State laws and regulations and other persons carrying out Motor Carrier—means a for-hire motor for a specific industry involved programs, activities, and projects carrier or private motor carrier. The exclusively in intrastate commerce and term includes a motor carrier’s agents, not be subject to Federal jurisdiction? relating to CMV vehicle safety and regulatory enforcement supporting the officers, or representatives responsible 350.345 How does a State apply for for hiring, supervising, training, additional variances from the tolerance North American Free Trade Agreement guidelines? (NAFTA) at the U.S. border. Up to 5 assigning, or dispatching a driver or concerned with the installation, Authority: 49 U.S.C. 31100–31104, 31108, percent of total MCSAP funds are 31136, 31140–31141, 31161, 31310–31311, available for these activities. inspection, and maintenance of motor 31502; and 49 CFR 1.48. Commercial Motor Vehicle (CMV)— vehicle equipment or accessories or means a motor vehicle that has any of both. Subpart AÐGeneral the following three characteristics: North American Standard (1) A gross vehicle weight (GVW), Inspection—The methodology used by § 350.101 What is the Motor Carrier Safety gross vehicle weight rating (GVWR), State CMV safety inspectors when they Assistance Program (MCSAP)? gross combination weight (GCW), or conduct safety inspections of CMVs. The MCSAP is a Federal grant gross combination weight rating This consists of various levels of program that provides financial (GCWR) of 4,537 kilograms (10,001 inspection of the vehicle or driver or assistance to States to reduce the pounds) or more. both. The inspection criteria are number and severity of crashes and (2) Regardless of weight, designed or developed by the Office of Motor hazardous materials incidents involving used to transport 16 or more passengers, Carriers with the Commercial Vehicle commercial motor vehicles (CMV). The including driver. Safety Alliance, an association of States, goal of the MCSAP is to reduce CMV- (3) Regardless of weight, used in the Canadian Provinces, and Mexico whose involved crashes, fatalities, and injuries transportation of hazardous materials members agree to adopt these standards through consistent, uniform, and and is required to be placarded under for inspecting commercial motor effective CMV safety programs. the HMRs (49 CFR Part 172, Subpart F). vehicles in their jurisdiction. Investing grant monies in appropriate Commercial Vehicle Safety Plan—The Performance Factor—An adjustment safety programs will increase the grant application document for States to a State’s annual Basic Program Funds

VerDate 03-MAR-99 11:25 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm01 PsN: 09MRP1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11425 based upon its CMV crash rate for the (e) Allocate adequate funds for the personnel to recognize drivers impaired last full year for which data is available. administration of the CVSP which by alcohol or controlled substances. includes the enforcement of the (3) Interdiction activities affecting the § 350.107 What jurisdictions are eligible FMCSRs, HMRs, or compatible State for MCSAP funding? transportation of controlled substances laws or regulations. by CMV drivers and training on All of the States, the District of (f) Maintain the aggregate expenditure Columbia, the Commonwealth of Puerto appropriate strategies for carrying out of funds by the State and its political those interdiction activities. Rico, the Commonwealth of the subdivisions, exclusive of Federal Northern Marianas, American Samoa, funds, for CMV safety programs and (r) Enforce requirements relating to Guam, and the Virgin Islands are related programs eligible for funding the licensing of CMV drivers, including eligible to receive MCSAP grants under this part at a level at least equal checking the status of commercial directly from the FHWA. For purposes to the average expenditure for its last driver’s licenses. of this subpart, all references to ‘‘State’’ three full Federal or State fiscal years (s) Require the proper and timely or ‘‘States’’ include these jurisdictions. before December 18, 1991. correction of CMV safety violations § 350.109 What are the national program (g) Provide legal authority for a right noted during inspections carried out elements? of entry and inspection adequate to with MCSAP funds. The national program elements carry out the CVSP. (t) Enforce registration and financial include the following five activities: (h) Prepare and submit, upon request, responsibility requirements of 49 U.S.C. (a) driver/vehicle inspections; all reports as required in connection 31138 and 31139. (b) traffic enforcement; with the CVSP or other conditions of the (u) Adopt and maintain consistent, (c) compliance reviews; grant to the FHWA. effective, and reasonable sanctions for (i) Adopt uniform reporting (d) public education and awareness; violations of CMV, driver, and requirements and use uniform forms to and hazardous materials regulations. (e) data collection. record work activities performed under the CVSP as may be established and (v) Conduct roadside inspections at § 350.111 What constitutes ``traffic required by the FHWA. locations that are adequate to protect the enforcement'' for the purpose of the safety of drivers and enforcement MCSAP? (j) Require registrants of CMVs to declare, at the time of registration, their personnel. Traffic enforcement means those knowledge of applicable FMCSRs, activities carried out by duly authorized § 350.203 What happens to a participating HMRs, or compatible State laws or State or local enforcement officials State's Basic Program and Incentive Funds regulations. which include stopping CMVs operating if it adopts an incompatible law or (k) Grant maximum reciprocity for on highways, streets, or roads after regulation? inspections conducted under the North having been detected as being in American Standard Inspection through A State that currently has compatible violation of State or local motor vehicle the use of a nationally accepted system laws and regulations pertaining to or traffic laws (e.g., speeding, following that allows ready identification of interstate and intrastate CMV safety but too closely, reckless driving, improper previously inspected CMVs. adopts a law or regulation which results lane change). To be eligible for funding (l) Conduct CMV size and weight in an incompatible rule (i.e., neither through the grant, the enforcement enforcement activities funded under identical to the FMCSRs or within the official must conduct an inspection of this program only to the extent those tolerance guidelines), would not be the CMV or driver or both prior to activities do not diminish the eligible for Basic Program Funds or releasing the driver or CMV or both for effectiveness of other CMV safety Incentive Funds. resumption of operations. enforcement programs. § 350.205 How and when does a State (m) Coordinate the CVSP, data Subpart BÐRequirements for apply for MCSAP funding? collection and information systems with Participation State highway safety programs under (a) The lead agency, designated by the § 350.201 What conditions must a State title 23, U.S.C. Governor, must submit your State’s meet to qualify for Basic Program Funds? (n) Ensure participation in CVSP to the State Director, Office of Your State must meet the following SAFETYNET and other information Motor Carriers (OMC), FHWA, on or twenty-two conditions: systems by all appropriate jurisdictions before August 1 of each year. (a) Assume responsibility for receiving funding under this section. (b) This deadline may, for good cause, improving motor carrier safety and (o) Ensure information is exchanged be extended by the OMC State Director adopting and enforcing State safety laws with other States in a timely manner. for a period not to exceed 30 calendar and regulations that are compatible with (p) Emphasize and improve days. the FMCSRs and HMRs. enforcement of State and local traffic (c) For a State to receive funding, the (b) Implement a performance-based laws and regulations related to CMV CVSP must be complete and include all program by the beginning of Fiscal Year safety. required documents. 2000 and submit a CVSP which will (q) Promote activities in support of serve as the basis for monitoring and national priorities and performance § 350.207 What response does a State evaluating your State’s performance. goals, including the following three receive to its CVSP submission? (c) Designate in its certification the activities: (a) The FHWA will notify your State, (1) Activities aimed at removing lead State agency responsible for in writing, within 30 days of receipt of impaired CMV drivers from the implementing the CVSP. the CVSP whether: (d) Ensure that only agencies having highways through adequate enforcement the legal authority, resources, and of restrictions on the use of alcohol and (1) The plan is approved. qualified personnel necessary to enforce controlled substances and by ensuring (2) Approval of the plan is withheld the FMCSRs and HMRs or compatible ready roadside access to alcohol because the CVSP does not meet the State laws or regulations are assigned to detection and measuring equipment. requirements of this part, or is not perform functions in accordance with (2) Activities aimed at providing an adequate to ensure effective the approved CVSP. appropriate level of training to MCSAP enforcement of the FMCSRs and HMRs

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The State requires that all reports (a) A statement of the State agency (c) Disapproval of a resubmitted plan relating to the program be submitted to goal or mission. is final. the appropriate State agency or (b) A comprehensive evaluation of the agencies, and the State will make these effectiveness of the prior years’ § 350.209 How does a State demonstrate reports available, in a timely manner, to activities in reducing CMV accidents, that it satisfies the conditions for Basic injuries and fatalities, and improving Program funding? the FHWA on request. 6. The State has uniform reporting driver and motor carrier safety (a) The Governor, the State’s Attorney requirements and uses FHWA performance. Evaluation data should General, or other State official designated forms for record keeping, measure program progress in one-year specifically designated by the Governor, inspection, and other enforcement increments. This may be calendar year must submit a certification that the State activities. or fiscal year or any other 12-month is in compliance the requirements of 7. The State has in effect a period of time chosen by the State. The § 350.201 of this part. requirement that registrants of CMVs evaluation should show trends (b) Your State must submit the declare their knowledge of the supported by safety and program certification along with its CVSP, and applicable Federal or State CMV safety performance data collected over several supplement it with a copy of any State laws or regulations. years. It should identify safety or law, regulation, or form pertaining to 8. The State will maintain the level of performance problems in the State and CMV safety adopted since the State’s its expenditures, exclusive of Federal those problems should be addressed in last certification, if any, that bears on assistance, at least at the level of the the new or modified CVSP. the items contained in § 350.201 of this average of the aggregate expenditures of (c) A brief narrative describing how part. the State and its political subdivisions the State program addresses the national program elements listed in § 350.109. § 350.211 What is the format of the during the past three full State or certification required by § 350.209? Federal fiscal years immediately before The plan should address these elements even if there are no planned activities in Your State’s certification must be December 18, 1991. These expenditures must cover at least the following four one of the program areas. The rationale consistent with the following content: I for the resource allocation decision (name), (title), on behalf of the State program areas, if applicable: a. Motor carrier safety programs in should be explained. (Commonwealth) of (State), as requested (d) A definitive problem statement for accordance with § 350.301, by the Federal Highway Administrator each objective which is supported by b. Size and weight enforcement as a condition of approval of a grant data or other information. The CVSP programs, under the authority of 49 U.S.C. 31102 must identify the source of the data, and c. Traffic safety, and as amended, do hereby certify as who is responsible for its collection, follows: d. Drug interdiction enforcement programs maintenance, and analysis. 1. The State has adopted commercial (e) Performance objectives, stated in motor carrier and highway hazardous 9. The State will ensure that violation quantifiable terms, to be achieved materials safety rules and regulations fines imposed and collected by the State through the State plan. Objectives that are compatible with the FMCSRs are consistent, effective, and equitable. should include a measurable reduction and the HMRs. 10. The State will ensure timely and in highway accidents or hazardous 2. The State has designated (name of proper correction of violations materials incidents involving CMVs. State CMV safety agency) as the lead discovered during inspections The objective may also include agency to administer the CVSP for the conducted using MCSAP funds. documented improvements in other grant sought and (names of agencies) to 11. The State will ensure that the program areas (e.g., legislative or perform defined functions under the CVSP is coordinated with the State regulatory authority, enforcement plan. These agencies have the legal highway safety plan under 23 U.S.C. results, or resource allocations). authority, resources, and qualified 402. The name of the Governor’s (f) Strategies to be employed to personnel necessary to enforce the highway safety representative (or other achieve performance objectives. State’s commercial motor carrier, driver, authorized State official through whom Strategies may include driver/vehicle and highway hazardous materials safety coordination was accomplished) is roadside inspections, compliance laws or regulations. (Name) . reviews, training, public or industry 3. The State will obligate the funds or 12. The State has participated in outreach, drug or alcohol enforcement, resources necessary to provide a SAFETYNET since (Date) . CDL activities, or use of technology matching share to the Federal assistance 13. The State has undertaken efforts to used to address identified problems and provided in the grant to administer the emphasize and improve enforcement of stated objectives to improve CMV safety. plan submitted and to enforce the State and local traffic laws as they (g) Specific activities intended to State’s commercial motor carrier safety, pertain to CMV safety. achieve the stated strategies and driver, and hazardous materials laws or 14. The State will ensure that objectives. This item should also regulations in a manner consistent with roadside inspections will be conducted describe what resources will be used in the approved plan. at a location that is adequate to protect carrying out each activity and should be 4. The laws of the State provide the the safety of drivers and enforcement related to preparation of the CVSP State’s enforcement officials right of personnel. budget for the State. Planned activities entry and inspection sufficient to carry Date must be eligible under this program as out the purposes of the CVSP, as llllllllllllllllllll defined in § 350.309. approved, and provide that the State Signature (h) Specify quantifiable performance will grant maximum reciprocity for llllllllllllllllllll measures, as appropriate. These

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This should include who spent during the base period of the three (c) The following three activities, will conduct the monitoring, the full Federal or State fiscal years before when accompanied by an appropriate frequency with which it will be carried December 18, 1991) of State funds for inspection and inspection report: out, and how and to whom reports will motor carrier and highway hazardous (1) Enforcement of size and weight be made. materials safety enforcement purposes, regulations conducted at locations other in the year in which the grant is sought. than fixed scales (i.e., specific (j) A budget supported by the CVSP geographic locations where the weight describing the expenditures for (b) Your State may use either the of the vehicle can significantly affect the allocable costs such as personnel and Federal or State Fiscal years. safe operation of the vehicle, or seaports related costs, equipment purchases, (c) In determining the State’s where intermodal shipping containers printing, information systems costs, and maintenance of effort, you should not enter and exit the United States). other eligible costs consistent with include: (2) Detection of the unlawful presence § 350.311. (1) Federal funds received for support of controlled substances in a CMV or on (k) A budget summary including of motor carrier and hazardous materials safety enforcement, the driver or any occupant of a CMV. planned expenditures for that fiscal year (3) Enforcement of State traffic laws in each national program area. (2) State matching funds, or (3) State funds used for federally and regulations designed to promote the (l) The results of the annual review to sponsored demonstration or pilot CMV safe operation of CMVs. determine the compatibility of State safety programs. laws and regulations with the FMCSRs § 350.311 What specific items are eligible and HMRs. (d) You must include costs associated for reimbursement under the MCSAP? with activities performed during the All reimbursable items must be (m) A copy of any new law or base period by State or local agencies regulation affecting CMV safety necessary, reasonable, allocable to the currently receiving or projected to approved CVSP, and allowable under enforcement that was enacted by the receive funds under this Part. You must State since the last CVSP was submitted. this part and 49 CFR Part 18, Uniform include only those activities which meet Administrative Requirements for Grants § 350.215 What are the consequences of a the current requirements for funding and Cooperative Agreements to State State failing to perform according to an eligibility under the grant program. and Local Governments. The eligibility approved CVSP or otherwise failing to meet of specific items is subject to review by the conditions of this part? § 350.303 What are the State and Federal shares of expenses incurred under an the FHWA. The following six types of (a) If your State is not performing approved CVSP? expenses are eligible for reimbursement: (a) Personnel expense, including according to an approved plan or not (a) The FHWA will reimburse up to recruitment and screening, training, adequately meeting conditions under 80 percent of the eligible costs incurred salaries and fringe benefits, and § 350.201, the Administrator may issue in the administration of an approved supervision. a written notice of proposed CVSP. determination of nonconformity to the (b) Equipment and travel expenses, (b) In-kind contributions are Governor of the State or the official including per diem, directly related to acceptable in meeting your State’s designated in the plan. The notice will the enforcement of safety regulations, matching share if they represent eligible set forth the reasons for the proposed including vehicles, uniforms, costs as established by 49 CFR Part 18 determination. communications equipment, special or agency policy. (b) Your State will then have 30 days inspection equipment, vehicle from the date of the notice to reply. § 350.305 Are U.S. Territories subject to maintenance, fuel, and oil. Your reply must address the the matching funds requirement? (c) Indirect expenses for facilities, deficiencies or incompatible situation The Administrator waives the except fixed scales, used to conduct cited in the notice and provide requirement for matching funds for the inspections or house enforcement documentation as necessary. Virgin Islands, American Samoa, Guam, personnel, support staff, and equipment (c) Based upon your State’s reply, the and the Commonwealth of the Northern to the extent they are measurable and Administrator will make a final Marianas. recurring (e.g., rent and overhead). (d) Expenses related to data decision. § 350.307 How long are MCSAP funds acquisition, storage, and analysis (d) In the event your State fails to available to a State? specifically identifiable as program reply to a notice of proposed related to develop a data base to determination of nonconformity in The funds obligated to a State will remain available for the rest of the fiscal coordinate resources and improve accordance with the provisions of efficiency. paragraph (b) of this section, the year in which they were obligated and the next full fiscal year. The State must (e) Clerical and administrative proposed determination becomes the expenses, to the extent necessary and Administrator’s final decision. account for any prior year’s unexpended funds in the annual CVSP. Funds must directly attributable to the MCSAP. (e) Any adverse decision will result in be expended in the order in which they (f) Expenses related to the immediate cessation of Federal funding are obligated. improvement of real property (e.g., under this part. installation of lights for the inspection (f) Any State aggrieved by an adverse § 350.309 What activities are eligible for of vehicles at night, minor modifications decision under this section may seek reimbursement under the MCSAP? to existing structures). Acquisition of judicial review under 5 U.S.C. chapter The primary activities eligible for real property, land, or buildings are not 7. reimbursement are: eligible costs.

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§ 350.313 How are MCSAP funds (3) The remaining funds will be participate in these programs. The allocated? allocated among qualifying States in two FHWA will annually notify States if it (a) After deducting administrative ways: intends to solicit State grant proposals expenses authorized in 49 U.S.C. (i) As Basic Program Funds in for any portion of this funding. 31104(e), the MCSAP funds are accordance with § 350.313 of this part, (c) The funding provided under allocated as follows: (ii) as Incentive Funds in accordance paragraphs (a)(1) and (a)(2) of this (1) Up to 5 percent of the MCSAP with § 350.313 of this part. funds for each Fiscal Year may be (4) The Basic Program Funds section may be made available to State distributed for High Priority Activities allocation may be subject to a agencies, local governments, and other and Projects at the discretion of the performance factor, as provided in persons that use and train qualified Administrator. § 350.325 of this part. officers and employees in coordination (2) Up to 5 percent of the MCSAP (b) The funding provided in with State Motor Vehicle Safety funds for each Fiscal Year may be paragraphs (a)(1) and (a)(2) of this agencies. distributed for Border CMV Safety and section may be awarded through (d) Table 1 of this section describes Enforcement Programs at the discretion contract, cooperative agreement, or the distribution of MCSAP funds, as of the Administrator. grant. Local jurisdictions may qualify to follows:

TABLE 1 OF § 360.313(D).ÐMCSAP FUNDS DISTRIBUTION

Fiscal year 2000 Percent 2001 Percent 2002 Percent 2003 Percent

Total MCSAP funds ..... $95,000,000 ...... $100,000,000 ...... $105,000,000 ...... $110,000,000 ...... Administrative take- down ...... 1,187,500 ...... 1,250,000 ...... 1,312,500 ...... 1,375,000 High priority activities ... 4,750,000 ...... 5,000,000 ...... 5,250,000 ...... 5,500,000 Border activities ...... 4,750,000 ...... 5,000,000 ...... 5,250,000 ...... 5,500,000 Basic program funds .... 75,881,250 90 75,437,500 85 74,550,000 80 73,218,750 75 Incentive funds ...... 8,431,250 10 13,312,500 15 18,637,500 20 24,406,250 25

§ 350.315 How may Basic Program Funds (2) Increase compliance with CMV governments, and other organizations be used? safety regulations. that use and train qualified officials and Basic Program Funds may be used for (3) Increase public awareness about employees in coordination with State any eligible activity consistent with CMV safety. safety agencies. The FHWA will notify § 350.309 of this part. (4) Provide education on CMV safety the States when such funds are and related issues. available. The Administrator may § 350.317 What are Incentive Funds and (5) Demonstrate new safety related designate up to 5 percent of the annual how may they be used? technologies. MCSAP funding for these projects and Incentive Funds are monies, in (b) These funds will be allocated, at activities. addition to Basic Program Funds, the discretion of the FHWA, to States, provided to the States that achieve local governments, and other § 350.323 What criteria are used in the Basic Program Funds allocation? reduction in CMV-involved fatal organizations that use and train crashes, CMV crash rate, or that meet qualified officers and employees in (a) The funds are distributed specified CMV safety performance coordination with State safety agencies. proportionally to the States using the (c) The FHWA will notify the States criteria. Incentive Funds may be used following four, equally weighted (25 when such funds are available. percent), factors. for any eligible activity consistent with (d) The Administrator may designate § 350.309 of this part. (1) Road miles (all highways). up to 5 percent of the annual MCSAP (2) All vehicle miles traveled (AVMT). funding for these projects and activities. § 350.319 What are permissible uses of (3) Population—annual census High Priority Activity Funds? § 350.321 What are permissible uses of estimates as issued by the U.S. Census (a) The FHWA may generally use Border Activity Funds? Bureau. these funds to support, enrich, or The FHWA may generally use such (4) Special fuel consumption (net after evaluate State CMV safety programs and funds to develop and implement a reciprocity adjustment) as collected by to accomplish the five objectives listed national program addressing CMV safety the FHWA. below: and enforcement activities along the (b) Distribution of Basic Program (1) Implement, promote, and maintain United States’ borders. Funds is subject to a maximum and national programs to improve CMV These funds will be allocated, at the minimum allocation as illustrated in safety. discretion of the FHWA, to States, local Table 2 to this section, as follows:

TABLE 2 OF § 350.323(B).ÐBASIC PROGRAM FUND ALLOCATION LIMITATIONS

Recipient Maximum allocation Minimum allocation

States and Puerto Rico ...... 4.944% of the Basic Program Funds ...... $350,000 or 0.44% of Basic Program Funds, whichever is greater. U.S. Territories ...... $250,000 (fixed amount)

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§ 350.325 How is the performance factor preceding year. The number of CMV- (5) Agree to fund up to 20 percent of determined? involved fatal crashes, as reported to the proposed request. (a) The performance factor is FARS, will be computed for the 10-year (6) Agree to prepare and submit all determined by calculating the ratio of average. Five shares will be awarded for reports required in connection with the fatal crashes in your State involving any reduction. proposal or other conditions of the large trucks as compiled by the Fatal (2) The crash rate for the most recent grant. Analysis Reporting System (FARS) calendar year for which data are (7) Agree to use the forms and administered by the National Highway available is compared to the average 10- reporting criteria required by the State Traffic Safety Administration (NHTSA), year crash rate. Four shares will be lead MCSAP agency and/or the FHWA and population estimates in your State awarded for any reduction. to record work activities to be as reported annually by the U.S. Census (3) Three shares will be awarded performed under proposal. Bureau. This ratio is known as the States that upload CMV crash reports (8) Certify effective and equitable ‘‘crash rate.’’ The performance factor within FHWA policy guidelines. sanctions for violations of CMV and adjustment is calculated using the crash (4) Two shares will be awarded States driver laws and regulations that are rate as follows: that certify that all CDLs are verified, as consistent with those of the State. (1) For each State, an average crash part of the inspection process, through (9) Certify participation in national rate is computed for the 10-calendar- CDLIS, NLETS, or the State licensing data bases appropriate to the project. year period prior to the previous full authority. § 350.331 How does a State ensure its calendar year or the most recent year (5) One share will be awarded States laws and regulations are compatible with that data are available. that upload CMV inspection reports the FMCSRs and HMRs? (2) If the crash rate for the most recent within FHWA policy guidelines. (a) Your State must review any new calendar year for which data is available (c) The total of all States’ shares will law or regulation enacted, or any exceeds the 10-year average crash rate, be divided into the dollar amount of proposed law or regulation affecting the State’s allocation will be reduced by Incentive Funds available, thereby CMV safety as soon as possible, but in the amount the crash rate increased. The establishing the value of one share. Each any event immediately after enactment maximum reduction cannot exceed 1 State’s incentive allocation will then be or issuance, for compatibility with the percent. determined by the number of shares it FMCSRs and HMRs. (3) If the crash rate continues to be has that year, multiplied by the dollar (b) If your review determines that the above the 10-year average crash rate, in value of one share. new law or regulation is incompatible subsequent consecutive years, the (d) States may use Incentive Funds for with the FMCSRs and/or HMRs, you maximum forfeiture will increase by up any eligible CMV safety purpose. must immediately notify the OMC State (e) Incentive Funds are subject to the to 1 percent each year. Director. (4) If the State’s most current crash same State matching requirements as (c) Your State must conduct an annual rate is not above the 10-year average Basic Program Funds. review of its laws and regulations for (f) A State must annually certify crash rate, there will be no reduction. compatibility and report the results of compliance with the applicable (b) The funds withheld from States that review as a part of the annual CVSP incentive criteria to receive Incentive because of the performance adjustment in accordance with § 350.209(b) of this will be redistributed equally among Funds. (g) A State may submit the required part with a certification of compliance, those States showing a crash rate certification as part of its CVSP or no later than August 1 of each year. The improvement. separately. report must include the following two items: § 350.327 How may States qualify for (1) A copy of your State law, Incentive Funds? § 350.329 How may a State or a local agency qualify for High Priority or Border regulation, or policy relating to CMV (a) Your State may qualify for Activity Funds? safety that was adopted since your Incentive Funds if it can demonstrate (a) States must meet the requirements State’s last report. that its CMV safety program has shown of § 350.201 of this part; (2) A certification, executed by your improvement in any or all of the (b) Local agencies must meet the State’s Governor, Attorney General, or following five categories: following nine conditions: other State official specifically (1) Reduction of CMV-involved fatal (1) Prepare a proposal in accordance designated by the Governor, stating that crashes. with § 350.201 of this part. the annual review was performed and (2) Reduction of CMV-involved crash (2) Coordinate the proposal with the that State CMV safety laws remain rate. State lead MCSAP agency to ensure the compatible with the FMCSRs and (3) Upload CMV crash data within proposal is consistent with State and HMRs. If State CMV laws are no longer FHWA policy guidelines. national CMV safety program priorities. compatible, the certifying official shall (4) Verification, during the roadside (3) Certify your local jurisdiction has explain why not. inspection process, of the status and the legal authority, resources, and (d) As soon as practical after the validity of all CDLs through CDLIS, trained and qualified personnel effective date of any amendment to the NLETS, or the State licensing authority. necessary to accomplish the following FMCSRs or HMRs, but no later than (5) Upload of CMV inspection data three activities: three years after that date, your State within FHWA policy guidelines. (i) Enforce the FMCSR’s or HMR’s. must amend its laws or regulations to (b) Incentive Funds will be (ii) Enforce compatible State make them compatible with the distributed based upon the following regulations. FMCSRs and/or HMRs, as amended. five safety and program performance (iii) Implement a special grant factors: activity. § 350.333 What are the guidelines for the (1) The number of CMV-involved fatal (4) Designate a person who will be compatibility review? crashes for the most recent calendar responsible for implementation, (a) The law or regulation must apply year for which data are available is reporting, and administering the to all segments of the motor carrier compared to the 10-year average number approved proposal and will be the industry (i.e., for-hire and private motor of CMV fatal crashes ending with the primary contact for the project. carriers of property and passengers).

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(b) Laws and regulations reviewed for (c) Definitions of words or terms must corresponding Federal regulation and the CDL compliance report are excluded be consistent with those in the FMCSRs evaluate it in accordance with Table 3 from the compatibility review. and HMRs. to this section, as follows: (d) Your State must identify any law or regulation that is not the same as the

TABLE 3 TO § 350.333.ÐGUIDELINES FOR THE STATE LAW AND REGULATION COMPATIBILITY REVIEW

Law or regulation has same effect as cor- Applies to interstate or Less stringent or more responding Federal intrastate commerce stringent Action authorized regulation

Yes ...... CompatibleÐInterstate and intrastate commerce enforcement au- thorized. No ...... Intrastate ...... Refer to § 350.341. No ...... Interstate ...... Less stringent ...... Enforcement prohibited. No ...... Interstate ...... More stringent ...... Enforcement authorized if the State can demonstrate the law or reg- ulation has a safety benefit or does not create an undue burden upon interstate commerce.

§ 350.335 What are the consequences if § 350.341 What specific variances from (f) Age of CMV driver—All CMV my State has laws or regulations State laws and regulations governing motor drivers must be at least 18 years old. incompatible with the Federal regulations? carriers, CMV drivers, and CMVs engaged (g) Grandfather clauses—States may exclusively in intrastate commerce are provide grandfather clauses in their (a) Upon a finding by the FHWA, allowed? based upon its own initiative or upon a rules and regulations if such exemptions (a) A State may exempt from all or are uniform or in substantial harmony petition of any person, including any part of their regulations CMVs with a with the FMCSRs. State, that your State law, regulation or GVW, GVWR, or GCWR less than 11,801 (h) Driver qualifications: enforcement practice pertaining to CMV kg (26,001 lbs.) and engaged exclusively (1) Drivers who do not meet the safety, in either interstate or intrastate in intrastate commerce unless the physical qualification standards in commerce, is incompatible with the vehicle meets either of the following § 391.41 of this subchapter may FMCSRs or HMRs, the FHWA may two conditions: continue to be qualified to operate a initiate a proceeding under § 350.215 of (1) Transports hazardous materials CMV in intrastate commerce if the this part for withdrawal of your State’s requiring a placard. following three conditions are met: funding. (2) Is designed or used to transport 16 (i) The driver was qualified under (b) Any decision regarding the or more people including the driver. existing State law or regulation at the compatibility of your State law or (b) State laws and regulations may not time the State adopted physical regulation with the HMRs that requires grant exceptions or exemptions based qualification standards compatible with an interpretation will be referred to the upon the type of transportation being the Federal standards in 49 CFR 391.41. (ii) The otherwise non-qualifying Research and Special Programs performed. medical or physical condition has not Administration of the DOT for such (c) A State may retain those substantially worsened. interpretation before proceeding under exceptions and exemptions from their motor carrier safety laws and (iii) No other non-qualifying medical § 350.215 of this part. regulations that were in effect before or physical condition has developed. § 350.337 How may State laws and April 1988, are still in effect, and apply (2) The State may adopt or continue regulations governing motor carriers, CMV to specific industries operating programs granting waivers to drivers drivers, and CMVs in interstate commerce exclusively in intrastate commerce. with medical or physical conditions that differ from the FMCSRs and still be (d) State laws and regulations must would otherwise be non-qualifying considered compatible? not include exemptions based upon the under the State’s equivalent of 49 CFR 391.41 if the waivers are based upon All State laws and regulations distance a motor carrier or driver operates from the work reporting sound medical judgment combined with governing motor carriers, CMV drivers, appropriate performance standards and CMVs may only vary from the location. This prohibition does not apply to those exemptions already ensuring no adverse impact on safety. Federal requirements applying to the contained in the FMCSRs nor to the transportation of migrant workers under § 350.343 How may a State obtain a new extension of the mileage radius Part 398 of this subchapter and still be exemption for State laws and regulations exemption, contained in 49 CFR considered compatible for purposes of for a specific industry involved exclusively 395.1(e), from 100 to 150 miles. in intrastate commerce and not be subject MCSAP funding. (e) Hours of service—State hours-of- to Federal jurisdiction? § 350.339 What are tolerance guidelines? service limitations applied to intrastate The FHWA strongly discourages transportation may vary to the following exemptions and exceptions for specific Tolerance guidelines set forth the extent: industries, but will consider such limited deviations from the FMCSRs (1) A 12-hour driving limit, provided requests if the State submits allowed in your State’s laws and driving a CMV after having been on documentation containing information regulations. These variances apply only duty more than 16 hours is prohibited. supporting evaluation of the following to motor carriers, CMV drivers and (2) Driving prohibitions for drivers 10 factors: CMVs engaged exclusively in intrastate who have been on duty 70 hours in 7 (a) Type and scope of the industry commerce and not subject to Federal consecutive days or 80 hours in 8 exception requested, including jurisdiction. consecutive days. percentage of industry affected, number

VerDate 03-MAR-99 17:00 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.XXX pfrm03 PsN: 09MRP1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11431 of vehicles, mileage traveled, number of requested in a petition submitted by taking Secretarial emergency action as companies involved. David Frulla (Petitioner) of Brand, described in the petition for rulemaking (b) Type and scope of the requirement Lowell & Ryan on behalf of the Fisheries based on concerns related to one or to which the exception or exemption Survival Fund. Petitioner petitioned the more of the following: Groundfish would apply. Secretary of Commerce (Secretary) to bycatch, gear conflict, and habitat (c) Safety performance of that specific determine where scallops are large in issues. Some of the commenters industry (e.g., accident frequency, rates size and number and where primary opposing the petition for rulemaking felt and comparative figures). groundfish are more susceptible to that the Council’s open forum process is (d) Inspection information (e.g., scallop gear in the Georges Bank Closed the best vehicle to ensure that all number of violations per inspection, Area the Petitioner believes that this relevant issues are adequately addressed driver and vehicle out-of-service combination of information would and an opportunity for public comment information). optimize scallop fishing while still is provided. (e) Other CMV safety regulations maximizing recovery of primary Before this petition for rulemaking enforced by other State agencies not groundfish stocks. After the data have was received, NMFS began working participating in the MCSAP. been collected, the Petitioner requested with researchers from the Center for (f) Commodity transported (e.g., that the Secretary take emergency action Marine Science and Technology of the livestock, grain). to open portions of Georges Bank University of Massachusetts Dartmouth (g) Similar variations granted and the currently closed to scallop fishing. To and the Virginia Institute of Marine circumstances under which they were balance these openings, the Petitioner Science on a collaborative experimental granted. proposed to close some currently open fishery in Closed Area II of Georges (h) Justification for the exception or areas. The decision to deny the petition Bank to evaluate, on a limited basis, exemption. at this time is based on public areas of abundance of sea scallops (in (i) Identifiable effects on safety. comments received on this petition for number and size), rates of bycatch of (j) State’s economic environment and rulemaking and the progress being made groundfish, and habitat considerations. its ability to compete in foreign and on this management issue by the New The experimental fishery was domestic markets. England Fishery Management Council conducted from August 28, 1998, (Council). through October 5, 1998, and the results § 350.345 How does a State apply for are currently being evaluated. FOR FURTHER INFORMATION CONTACT: additional variances from the tolerance Gary Amendment 7 to the Fishery guidelines? C. Matlock, Ph.D., Director, Office of Management Plan for Atlantic Sea Any State may apply to the FHWA Sustainable Fisheries, (301) 713–2344, Scallops was approved by NMFS on Administrator for a variance from the or Mark R. Millikin, (301) 713–2344. February 18, 1999, and contains a tolerance guidelines. The variance will SUPPLEMENTARY INFORMATION: On June measure that allows the Council to be granted only if the State satisfactorily 30, 1998 (63 FR 35560), NMFS issued a implement framework action to demonstrates that the State law, notice of receipt of petition for establish and modify closed areas. regulation or enforcement practice: rulemaking submitted by the Petitioner Therefore, this measure can be used to (a) Achieves substantially the same on behalf of the Fisheries Survival implement rotational area openings and purpose as the similar Federal Fund. The petition included a request closures. The Council held the first of regulation, that an experimental fishery be two Council meetings on February 24– (b) Does not apply to interstate conducted to determine where sea 25, 1999, scheduled to consider short- commerce, and scallops that are large in number and term framework options for scallop (c) Is not likely to have an adverse size might exist in the Georges Bank vessels to gain access to scallops in impact on safety. Closed Area. Also, when the data have some groundfish closed areas as soon as [FR Doc. 99–5682 Filed 3–8–99; 8:45 am] been collected, the petitioner requested possible. These framework actions are that the Secretary take emergency action BILLING CODE 4910±22±P Frameworks 11 and 29 to the Atlantic to open portions of Georges Bank Sea Scallop and Northeast Multispecies currently closed to scallop fishing. Fishery Management Plans (FMP), These openings could be balanced by respectively. If approved, the actions DEPARTMENT OF COMMERCE closing some currently open areas. The could be effective this summer. These National Oceanic and Atmospheric comment period for this notice of framework actions would be followed Administration receipt of petition ended on August 31, by a more comprehensive FMP 1998. NMFS announced that it was amendments to fully address a 50 CFR Part 648 reopening the public comment period rotational harvest strategy of opening for this petition for rulemaking in the and closing areas of to scallop fishing. [I.D. 061998C] Federal Register from September 9, NMFS believes that the public should Fisheries of the Northeastern United 1998, through October 9, 1998 (63 FR be given an opportunity to participate in rulemaking to address the complex States; Decision on Petition for 48167; September 9. 1998). This issues surrounding reopening portions Rulemaking for Sea Scallop reopening of the public comment period of closed areas, including: economic Management was in response to requests during the initial 60-day comment period. needs in the sea scallop fishery, AGENCY: National Marine Fisheries safeguarding against further overfishing Public Comments Received Service (NMFS), National Oceanic and of sea scallops, bycatch of juvenile Atmospheric Administration (NOAA), Nine commenters support taking groundfish, critical habitat concerns for Commerce. emergency action to reopen portions of sea scallops and groundfish, and ACTION: Decision on petition for the Closed Area on Georges Bank to possible conflicts between mobile and rulemaking. scallop harvest on a rotational basis fixed gear. Therefore, the Petitioner’s because it would have immediate request for emergency action to reopen SUMMARY: NMFS announces its decision economic benefits to the sea scallop portions of Georges Bank Closed Areas not to undertake the rulemaking industry. Six commenters opposed to sea scallop harvest is denied at this

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Notices Federal Register Vol. 64, No. 45

Tuesday, March 9, 1999

This section of the FEDERAL REGISTER contact Dr. Diane Sutton, Senior Staff approve the continued use of these contains documents other than rules or Veterinarian, National Animal Health information collection activities. proposed rules that are applicable to the Programs, VS, APHIS, 4700 River Road The purpose of this notice is to solicit public. Notices of hearings and investigations, Unit 43, Riverdale, MD 20737–1237, comments from the public (as well as committee meetings, agency decisions and (301) 734–6954; or e-mail: rulings, delegations of authority, filing of affected agencies) concerning our petitions and applications and agency [email protected]. For copies of information collection activity. We need statements of organization and functions are more detailed information on the this outside input to help us: examples of documents appearing in this information collection, contact Ms. (1) Evaluate whether the proposed section. Cheryl Groves, Agency Support Services collection of information is necessary Specialist, at (301) 734–5086. for the proper performance of the SUPPLEMENTARY INFORMATION: functions of the Agency, including DEPARTMENT OF AGRICULTURE Title: Scrapie Flock Certification and whether the information will have practical utility; Animal and Plant Health Inspection Identification Procedures. OMB Number: 0579–0101. (2) Evaluate the accuracy of our Service Expiration Date of Approval: estimate of the burden of the proposed [Docket No. 99±009±1] September 30, 1999. collection of information, including the Type of Request: Extension of validity of the methodology and Notice of Request for Extension of approval of an information collection. assumptions used; Approval of an Information Collection Abstract: The United States (3) Enhance the quality, utility, and Department of Agriculture is clarity of the information to be AGENCY: Animal and Plant Health Inspection Service, USDA. responsible for preventing the spread of collected; and contagious, infectious, or communicable (4) Minimize the burden of the ACTION: Extension of approval of an animal diseases from one State to collection of information on those who information collection; comment another, and for eradicating such are to respond, through use, as request. diseases from the United States when appropriate, of automated, electronic, SUMMARY: In accordance with the feasible. mechanical, or other collection Paperwork Reduction Act of 1995, this In connection with our mission of technologies, e.g., permitting electronic notice announces the Animal and Plant controlling and eradicating scrapie in submission of responses. Health Inspection Service’s intention to the United States, the Animal and Plant Estimate of burden: The public request an extension of approval of an Health Inspection Service has reporting burden for this collection of information collection in support of the promulgated regulations establishing information is estimated to average Voluntary Scrapie Flock Certification the Voluntary Scrapie Flock 2.5049 hours per response. Program. Certification Program. It consists Respondents: Flock owners, State primarily of identifying and certifying DATES: We invite you to comment. We animal health officials, accredited flocks that are free of scrapie in order to will consider all comments that we veterinarians, State and Federal prevent the disease from spreading. receive by May 10, 1999. veterinary medical officers, and State Generally, the presence of the disease and Federal diagnostic laboratory ADDRESSES: Send comments regarding cannot be detected until the animal personnel. the accuracy of burden estimate, ways to becomes clinically ill. Due to the lack of Estimated annual number of minimize the burden (such as through a validated live animal diagnostic test respondents: 1,180. the use of automated collection for scrapie, efforts to control and techniques or other forms of information Estimated annual number of eliminate the disease depend upon the responses per respondent: 5.3610. technology), or any other aspect of this cooperation of flock owners and collection of information to: Docket No. Estimated annual number of veterinarians in reporting clinically ill responses: 6,326. 99–009–1, Regulatory Analysis and animals. Development, PPD, APHIS, suite 3C03, Estimated total annual burden on This process requires that respondents: 15,846 hours. (Due to 4700 River Road Unit 118, Riverdale, participating flock owners communicate MD 20737–1238. Please send an original rounding, the total annual burden hours vital information to us (via mail or may not equal the product of the annual and three copies, and state that your telephone) concerning the health of comments refer to Docket No. 99–009– number of responses multiplied by the their animals. average reporting burden per response.) 1. Comments received may be inspected Collecting this information All responses to this notice will be at USDA, room 1141, South Building, necessitates the use of a number of summarized and included in the request 14th Street and Independence Avenue information-gathering documents that for OMB approval. All comments will SW., Washington, DC, between 8 a.m. are critical to our ability to locate flocks also become a matter of public record. and 4:30 p.m., Monday through Friday, infected with scrapie and to prevent the except holidays. Persons wishing to interstate spread of scrapie. The Done in Washington, DC, this 3rd day of inspect comments are requested to call collection of this information is March 1999. ahead on (202) 690–2817 to facilitate therefore crucial to the success of our Joan M. Arnoldi, entry into the comment reading room. Voluntary Scrapie Flock Certification Acting Administrator, Animal and Plant FOR FURTHER INFORMATION CONTACT: For Program. Health Inspection Service. information regarding the Voluntary We are asking the Office of [FR Doc. 99–5781 Filed 3–8–99; 8:45 am] Scrapie Flock Certification Program, Management and Budget (OMB) to BILLING CODE 3410±34±P

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11434 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices

DEPARTMENT OF AGRICULTURE significant impact are available for forth the permit application public inspection at USDA, room 1141, requirements and the notification Animal and Plant Health Inspection South Building, 14th Street and procedures for the importation, Service Independence Avenue SW., interstate movement, and release into [Docket No. 99±013±1] Washington, DC, between 8 a.m. and the environment of a regulated article. 4:30 p.m., Monday through Friday, In the course of reviewing each permit Availability of Environmental except holidays. Persons wishing to application, the Animal and Plant Assessments and Findings of No inspect those documents are requested Health Inspection Service (APHIS) to call ahead on (202) 690–2817 to Significant Impact assessed the impact on the environment facilitate entry into the reading room. AGENCY: Animal and Plant Health that releasing the organisms under the FOR FURTHER INFORMATION CONTACT: Inspection Service, USDA. Dr. conditions described in the permit Arnold Foudin, Assistant Director, ACTION: Notice. applications would have. APHIS has Scientific Services, PPQ, APHIS, Suite issued permits for the field testing of the SUMMARY: We are advising the public 5B05, 4700 River Road Unit 147, organisms listed below after concluding Riverdale, MD 20737–1237; (301) 734– that two environmental assessments and that the organisms will not present a 7710. For copies of the environmental findings of no significant impact have risk of plant pest introduction or assessments and findings of no been prepared by the Animal and Plant dissemination and will not have a significant impact, contact Ms. Linda Health Inspection Service relative to the significant impact on the quality of the Lightle at (301) 734–8231; e-mail: issuance of permits to allow the field human environment. The testing of genetically engineered [email protected]. Please refer to the permit numbers listed below when environmental assessments and findings organisms. The environmental of no significant impact, which are assessments provide a basis for our ordering documents. based on data submitted by the conclusion that the field testing of the SUPPLEMENTARY INFORMATION: The applicants and on a review of other genetically engineered organisms will regulations in 7 CFR part 340 (referred relevant literature, provide the public not present a risk of introducing or to below as the regulations) regulate the with documentation of APHIS’ review disseminating a plant pest and will not introduction (importation, interstate and analysis of the environmental have a significant impact on the quality movement, and release into the of the human environment. Based on its environment) of genetically engineered impacts associated with conducting the findings of no significant impact, the organisms and products that are plant field tests. Animal and Plant Health Inspection pests or that there is reason to believe Environmental assessments and Service has determined that are plant pests (regulated articles). A findings of no significant impact have environmental impact statements need permit must be obtained or a been prepared by APHIS relative to the not be prepared. notification acknowledged before a issuance of permits to allow the field ADDRESSES: Copies of the environmental regulated article may be introduced into testing of the following genetically assessments and findings of no the United States. The regulations set engineered organisms:

Field test Permit No. Permittee Date issued Organisms location

98±274±02r ...... Monsanto Company ...... 2±03±99 Corn plants genetically engineered to express a novel pro- Florida, Texas tein of pharmaceutical interests.. 98±274±01r ...... Monsanto Company ...... 2±04±99 Corn plants genetically engineered to express a novel pro- Hawaii tein of pharmaceutical interests..

The environmental assessments and DEPARTMENT OF AGRICULTURE organisms. Our determination is based findings of no significant impact have on our evaluation of data submitted by been prepared in accordance with: (1) Animal and Plant Health Inspection Monsanto Company in its petition for a The National Environmental Policy Act Service determination of nonregulated status, an of 1969 (NEPA), as amended (42 U.S.C. [Docket No. 98±067±2] analysis of other scientific data, and our 4321 et seq.), (2) regulations of the review of comments received from the Council on Environmental Quality for Monsanto Co.; Availability of public in response to a previous notice implementing the procedural provisions Determination of Nonregulated Status announcing our receipt of the Monsanto of NEPA (40 CFR parts 1500–1508), (3) for Potato Genetically Engineered for Company’s petition. This notice also USDA regulations implementing NEPA Insect and Virus Resistance announces the availability of our written determination document and its (7 CFR part 1b), and (4) APHIS’ NEPA AGENCY: Animal and Plant Health Implementing Procedures (7 CFR part associated environmental assessment Inspection Service, USDA. and finding of no significant impact. 372). ACTION: Notice. EFFECTIVE DATE: February 25, 1999. Done in Washington, DC, this 3rd day of March 1999. SUMMARY: We are advising the public of ADDRESSES: The determination, an our determination that certain potato environmental assessment and finding Joan M. Arnoldi, lines developed by Monsanto Company, of no significant impact, the petition, Acting Administrator, Animal and Plant which have been genetically engineered and all written comments received Health Inspection Service. for resistance to the Colorado potato regarding the petition may be inspected [FR Doc. 99–5782 Filed 3–8–99; 8:45 am] beetle and potato virus Y, are no longer at USDA, room 1141, South Building, BILLING CODE 3410±34±P considered regulated articles under our 14th Street and Independence Avenue regulations governing the introduction SW., Washington, DC, between 8 a.m. of certain genetically engineered and 4:30 p.m., Monday through Friday,

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11435 except holidays. Persons wishing to resistance to PVY. In addition to the longer considered regulated articles inspect those documents are requested cry3A gene and the PVYcp gene, the under APHIS regulations in 7 CFR part to call before visiting on (202) 690–2817 subject potato lines contain and express 340. Therefore, the requirements to facilitate entry into the reading room. the nptII gene, which is used as a pertaining to regulated articles under FOR FURTHER INFORMATION CONTACT: Dr. selectable marker in the early stages of those regulations no longer apply to the David Heron, Biotechnology and plant selection. While the two Shepody field testing, importation, or interstate Biological Analysis, PPQ, APHIS, Suite lines (SEMT15–02 and SEMT15–15) movement of the subject potato lines or 5B05, 4700 River Road Unit 147, also contain the aad marker gene, tests their progeny. However, importation of Riverdale, MD 20737–1236; (301) 734– indicate that this gene is not expressed Russet Burbank potato line RBMT15– 5141. To obtain a copy of the in the potato plants. The subject potato 101 and Shepody potato lines SEMT15– determination or the environmental lines were developed through use of the 02 and SEMT15–15 or seeds capable of assessment and finding of no significant Agrobacterium tumefaciens propagation are still subject to the impact, contact Ms. Kay Peterson at transformation method, and expression restrictions found in APHIS’ foreign (301) 734–4885; e-mail: of the added genes is controlled in part quarantine notices in 7 CFR part 319. [email protected]. by gene sequences derived from the plant pathogens A. tumefaciens and National Environmental Policy Act SUPPLEMENTARY INFORMATION: figwort mosaic virus. An environmental assessment (EA) Background Russet Burbank potato line RBMT15– has been prepared to examine the 101 and Shepody potato lines SEMT15– On December 5, 1997, the Animal and potential environmental impacts 02 and SEMT15–15 have been Plant Health Inspection Service (APHIS) associated with this determination. The considered regulated articles under received a petition (APHIS Petition No. EA was prepared in accordance with: (1) APHIS’ regulations in 7 CFR part 340 97–339–01p) from Monsanto Company The National Environmental Policy Act because they contain gene sequences (Monsanto) of St. Louis, MO, seeking a of 1969 (NEPA), as amended (42 U.S.C.  derived from plant pathogens. These 4321 et seq.), (2) regulations of the determination that four NewLeaf Y potato lines have been evaluated in field potato lines, which have been Council on Environmental Quality for trials conducted since 1993 under implementing the procedural provisions genetically engineered for resistance to APHIS notifications. In reviewing the the Colorado potato beetle (CPB) and of NEPA (40 CFR parts 1500–1508), (3) notifications, APHIS determined that USDA regulations implementing NEPA potato virus Y (PVY) do not present a these field trials, which were conducted (7 CFR part 1b), and (4) APHIS’ NEPA plant pest risk and, therefore, are not under reproductive and physical Implementing Procedures (7 CFR part regulated articles under APHIS’ containment, would not present a risk of 372). Based on that EA, APHIS has regulations in 7 CFR part 340. plant pest introduction or reached a finding of no significant Subsequently, Monsanto requested that dissemination. one of the four NewLeaf Y potato lines, impact (FONSI) with regard to its Hilite line HLMT15–46, be withdrawn Determination determination that Monsanto’s Russet from consideration in the subject Based on its analysis of the data Burbank potato line RBMT15–101 and petition. submitted by Monsanto, a review of Shepody potato lines SEMT15–02 and On July 20, 1998, APHIS published a other scientific data and field tests of SEMT15–15 and lines developed from notice in the Federal Register (63 FR the subject potato lines, and an analysis them are no longer regulated articles 38805–38806, Docket No. 98–067–1) of comments from the public on the under its regulations in 7 CFR part 340. announcing that the Monsanto petition subject petition, APHIS has determined Copies of the EA and the FONSI are had been received and was available for that Russet Burbank potato line available upon request from the public review. The notice also discussed RBMT15–101 and Shepody potato lines individual listed under FOR FURTHER the role of APHIS, the Environmental SEMT15–02 and SEMT15–15: (1) INFORMATION CONTACT. Protection Agency, and the Food and Exhibit no plant pathogenic properties Done in Washington, DC, this 3rd day of Drug Administration in regulating the and will not pose an increased plant March, 1999. subject potato lines and food products pest risk from the appearance of new Joan M. Arnoldi, derived from them. In the notice, APHIS plant viruses; (2) are no more likely to Acting Administrator, Animal and Plant solicited written comments from the become weeds than pest-resistant potato Health Inspection Service. public as to whether these potato lines lines developed by traditional plant [FR Doc. 99–5780 Filed 3–8–99; 8:45 am] posed a plant pest risk. The comments breeding; (3) are unlikely to increase the BILLING CODE 3410±34±P were to have been received by APHIS on weediness potential for any other or before September 18, 1998. During cultivated or wild species with which the designated 60-day comment period, they can interbreed; (4) will not harm DEPARTMENT OF AGRICULTURE APHIS received 6 comments from threatened or endangered species or potato growers and State and national other organisms, such as bees, that are Foreign Agricultural Service trade associations. All of the comments beneficial to agriculture; and (5) will not were in support of the subject petition. cause damage to raw or processed Uruguay Round Agricultural Safeguard The subject three NewLeaf Y potato agricultural commodities. Therefore, Trigger Levels lines include one line of Russet Burbank APHIS has concluded that the subject AGENCY: (RBMT15–101) and two lines of potato lines and any progeny derived Foreign Agricultural Service, Shepody (SEMT15–02 and SEMT15– from crosses with other potato varieties USDA. 15). These three potato lines have been will be as safe to grow as potatoes that ACTION: Notice of product coverage and genetically engineered to contain the are not subject to regulation under 7 trigger levels for safeguard measures cry3A gene derived from Bacillus CFR part 340. provided for in the Uruguay Round thuringiensis subsp. tenebrionis (BTT), The effect of this determination is that Agreement on Agriculture. which encodes a protein that is Monsanto’s Russet Burbank potato line insecticidal to CPB, and the PVY coat RBMT15–101 and Shepody potato lines SUMMARY: This notice lists the updated protein gene (PVYcp), which imparts SEMT15–02 and SEMT15–15 are no quantity trigger levels for products

VerDate 03-MAR-99 18:29 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11436 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices which may be subject to additional 5, 10, or 25 percent, depending on the based upon import levels during the import duties under the safeguard article. These additional duties may not most recent 3 years. The Annex to this provisions of the Uruguay Round be imposed on quantities for which notice contains the updated quantity Agreement on Agriculture. It also minimum or current access trigger levels. Additional information on includes the quantity level applicable to commitments were made during the the levels of the additional duties and each of those products. Uruguay Round negotiations, and only how they will be applied is provided in EFFECTIVE DATE: March 9, 1999. one type of safeguard, price or quantity, subchapter IV of chapter 99 of the may be applied at any given time to an Harmonized Tariff Schedule of the FOR FURTHER INFORMATION CONTACT: article. United States. These duties became Cathy S. McKinnell, Multilateral Trade Section 405 of the Uruguay Round effective January 1, 1995. Negotiations Division, Foreign Agreements Act requires that the Agricultural Service, room 5530–South President cause to be published in the Notice Building, U.S. Department of Federal Register the agricultural As provided in section 405 of the Agriculture, Washington, DC 20250– products subject to safeguards, the price 1022 or telephone at (202) 720–6064. Uruguay Round Agreements Act, and quantity trigger levels which will be consistent with Article 5 of the SUPPLEMENTARY INFORMATION: Article 5 applied to these products, and the Agreement on Agriculture, the safeguard of the Uruguay Round Agreement on relevant period for the quantity based quantity trigger levels previously Agriculture provides that additional safeguard for each product. On notified are superceded by the levels import duties may be imposed on Wednesday, January 4, 1995, the indicated in the Annex to this notice. imports of products subject to Secretary of Agriculture provided the tariffication during the Uruguay Round above information including the Issued at Washington, DC this 2d day of if certain conditions are met. The definition of each product in the Notice March, 1999. agreement permits additional duties to of Safeguard Action published in the Patrick M. Steel, be charged if the price of an individual Federal Register at 60 FR 427. The Acting Associate Administrator, Foreign shipment of imported products falls President delegated this duty to the Agricultural Service. below the average price for similar Secretary of Agriculture in Presidential Annex goods imported during the years 1986– Proclamation No. 6763, dated December 88 by a specified percentage. It also 23, 1994. The Secretary of Agriculture The definitions of these products permits additional duties to be imposed further delegated the duty to the were provided in the Notice of if the volume of imports of an article Administrator, Foreign Agricultural Safeguard Action published in the exceeds the average of the most recent Service, 7 CFR 2.43(a)(2). The quantity Federal Register, at 60 FR 427 on 3 years for which data are available by trigger levels must be updated annually Wednesday, January 4, 1995.

Quantity Based Safeguard Trigger: Beef ...... 891,203 mt. Mutton ...... 12,051 mt. Cream ...... 5,729,263 liters. Evaporated or Condensed Milk ...... 2,956,168 kilograms. Nonfat Dry Milk ...... 3,313,542 kilograms. Dried Whole Milk ...... 1,864,488 kilograms. Dried Cream ...... 650 kilograms. Dried Whey/Buttermilk ...... 222,488 kilograms. Butter ...... 6,193,405 kilograms. Butter Oil and Butter Substitutes ...... 5,812,414 kilograms. Dairy Mixtures ...... 2,224,071 kilograms. Blue Cheese ...... 3,183,782 kilograms. Cheddar Cheese ...... 11,139,531 kilograms. American Type Cheese ...... 3,939,843 kilograms. Edam/Gouda Cheese ...... 6,621,244 kilograms. Italian-Type Cheese ...... 15,148,033 kilograms. Swiss Cheese with Eye Formation ...... 33,559,160 kilograms. Gruyere Process Cheese ...... 7,687,097 kilograms. Lowfat Cheese ...... 3,874,332 kilograms. NSPF Cheese ...... 49,366,596 kilograms. Peanuts ...... 49,248 mt. Peanut Butter/Paste ...... 23,084 mt. Raw Cane Sugar ...... 2,366,204 mt. Refined Sugar and Syrups ...... 25,484 mt. Blended Syrups ...... 0 mt. Articles Over 65% Sugar ...... 0 mt. Articles Over 10% Sugar ...... 80,282 mt. Sweetened Cocoa Powder ...... 2,445 mt. Chocolate Crumb ...... 15,324,776 kilograms. Lowfat Chocolate Crumb ...... 78 kilograms. Infant Formula Containing Oligosaccharides...... 45,383 kilograms. Mixes and Doughs ...... 5,424 mt. Mixed Condiments and Seasonings ...... 253 mt. Ice Cream ...... 49,353 liters. Animal Feed Containing Milk ...... 1,622,296 kilograms. Short Staple Cotton ...... 17,211,112 kilograms. Harsh or Rough Cotton ...... 0 mt. Medium Staple Cotton ...... 9,664 kilograms. Extra Long Staple Cotton ...... 32,995 kilograms.

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Cotton Waste ...... 13,378 kilograms. Cotton, Processed, Not Spun ...... 383 kilograms.

[FR Doc. 99–5688 Filed 3–8–99; 8:45 am] Respondent’s Obligation: Voluntary. Maritime Administration is BILLING CODE 3410±10±P OMB Desk Officer: David Rostker, conducting a survey of the U.S. (202) 482–7340. maritime industry in order to assess Copies of the above information the health and competitiveness as DEPARTMENT OF COMMERCE collection can be obtained by calling or well as the technology requirements writing Linda Engelmeier, Department of this critical sector. Submission for OMB Review: Forms Clearance Officer, (202) 482– Affected Public: Individuals, businesses Comment Request 3272, Department of Commerce, Room or other for-profit institutions. 5327, 14th and Constitution Avenue, Respondent’s Obligation: Mandatory. DOC has submitted to the Office of N.W., Washington, D.C. 20230. OMB Desk Officer: David Rostker (202) Management and Budget (OMB) for Written comments and 395–3897. clearance the following proposal for recommendations for the proposed collection of information under the information collection should be sent to Copies of the above information provisions of the Paperwork Reduction David Rostker, OMB Desk Officer, Room collection proposal can be obtained by Act of 1995, Public Law 104–13. 10202, New Executive Office Building, calling or writing Linda Engelmeier, Bureau: International Trade Washington, D.C. 20503 within 30 days DOC Forms Clearance Officer, (202) Administration. 482–3272, Department of Commerce, Title: U.S.-Japan Semiconductor of the publication of this notice in the Federal Register. Room 5327, 14th and Constitution Agreement Data Collection Program Avenue, NW, Washington, D.C. 20230. Report. Dated: March 4, 1999. She can be reached by via ‘‘e’’ mail at Agency Form Number: ITA–4115P. Linda Engelmeier, [email protected]. OMB Number: 0625–0211. Department Forms Clearance Officer, Office Type of Request: Regular Submission. Written comments and of the Chief Information Officer. recommendations for the proposed Burden: 1,152 hours (burden and [FR Doc. 99–5771 Filed 3–8–99; 8:45 am] record keeping). information collection should be sent Number of Respondents: 32. BILLING CODE 3510±DR±P within 30 days of publication of this Avg. Hours Per Response: 1. notice to David Rostker, OMB Desk Officer, Room 10202, New Executive Needs and Uses: The Data Collection DEPARTMENT OF COMMERCE Form is the vehicle by which individual Office Building, Washington, D.C. ‘‘Foreign’’ (non-Japanese) Submission for OMB Review; 20230. semiconductor companies voluntarily Comment Request Dated: March 3, 1999. report their sales to Japan. The Linda Engelmeier, The Department of Commerce (DOC) information provided by the Data Departmental Forms Clearance Officer, Office Collection Program (DCP) is used by the has submitted to the Office of of the Chief Information Officer. Management and Budget (OMB) for U.S. Government to calculate foreign [FR Doc. 99–5772 Filed 3–8–99; 8:45 a.m.] market share in the Japanese clearance the following proposal for BILLING CODE 3510±JT±U semiconductor market to ensure access collection of information under to the Japanese market gained under the provisions of the Paperwork Reduction 1986 and 1991 U.S.-Japan Act (44 U.S.C. Chapter 35). DEPARTMENT OF COMMERCE Semiconductor Arrangement continues Agency: Bureau of Export under the 1996 Semiconductor Administration (BXA). Economic Development Agreement. The Department of Title: National Security Assessment of Administration Commerce distributes Form ITA–4115P the U.S. Maritime Industry. and the instruction manual to Agency Form Number: None. Notice of Petitions by Producing Firms semiconductor companies after their OMB Approval Number: None. for Determination of Eligibility To eligibility is checked. The applicant Type of Request: New collection of Apply for Trade Adjustment completes the form and then forwards it information. Assistance to Price WaterhouseCoopers, who Burden: 8,000 hours. submits a summary report to the U.S. Average Time Per Response: 4 hours per AGENCY: Economic Development Department of Commerce/Office of response. Administration (EDA) Microelectronics for calculation of Number of Respondents: 2,000 ACTION: To Give Firms an Opportunity foreign (non-Japanese) share of the respondents. to Comment. Japanese market. Needs and Uses: Commerce/BXA, in Affected Public: Businesses or other coordination with the Department of Petitions have been accepted for filing for profit institutions. the Navy, Carderock Division, and the on the dates indicated from the firms Frequency: Monthly. Department of Transportation, listed below.

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 1/22/99Ð2/ /99

Date Firm name Address petition Product accepted

P. C. Boards, Inc ...... 3100 S. Santa Fe Ave., Chanute, KS 01/29/99 Printed circuit boards. 66720. Enhanced Printing Products, Inc., dba 4724 Charles Page Blvd., Tulsa, OK 01/29/99 Printing machinery. Thompson Mfg. Co. 74127.

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LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 1/22/99Ð2/ /99ÐContinued

Date Firm name Address petition Product accepted

Harrison Alloys, Inc ...... 398 Middlesex St., Harrison, NJ 07920 .. 01/29/99 Commidity and specialty alloys. Icicle Seafoods, Inc ...... 4019 21st Ave., West, Seattle, WA 01/29/99 Fresh and frozen salmon. 98119. Wards Cove Packing Company ...... 88 E. Hamlin St., Seattle, WA 98102 ..... 02/01/99 Fresh and frozen salmon. Atchison Products, Inc ...... 201 Main Street, Atchison, KS 66002 ..... 02/01/99 Travel and leather tool belts. Wolfe and Swickard Machine Co., Inc .... P. O. Box 41286, Indianapolis, IN 46241 02/01/99 Machined powertrain sub-assemblies. Illinois Blower, Inc ...... 750 Industrial Drive, Cary, IL 60013 ...... 02/01/99 Centrifugal air blowers. Record/play Tek, Inc...... 110 E. Vistua, St., Bristol, IN 46507 ...... 02/03/99 Voice recorders. Paris Manufacturing Co., Inc ...... 9529 S. Main St., Jonesboro, GA 30236 02/09/99 Steam-air finishing and pressing equip- ment. Labeling Systems, Inc ...... 32 Spruce Street, Oakland, NJ 07436 .... 02/10/99 Labeling machinery. Carl Goldberg Models, Inc...... 4734 W. Chicago, Ave., Chicago, IL 02/10/99 Model airplane kits. 60651. Kem Plastic Playing Cards, Inc ...... 2 Beck Place, Poughkeepsie, NY 12601 02/12/99 Plastic playing cards. Select Medical Systems, Inc ...... 2 Wintersport Lane, Williston, VT 05495 02/12/99 Infertility devices for sperm collection. General Pneumatics Corporation ...... 440 Washington St., Orange, NJ 07050 02/18/99 Pneumatic and hydraulic pressure re- ducing valves. Outsource Solutions, Inc ...... 115 Industrial Blvd., McKinney, TX 02/19/99 Printed circuit boards. 75069. Bergamot Brass Works, Inc ...... 820 Wisconsin St., Delavan, WI 53115 .. 02/19/99 Decorative cast metal products. Multiplex Technologies, Inc ...... 9441 Baythrone Dr., Houston, TX 77041 02/19/99 Printed circuit boards. Big Jim Halter Co., Inc., dba Flying Cir- 10045 Johns Road, Boerne, TX 78006 .. 02/19/99 Textile bags for travel, sports and similar cle Bag. bags. Q.Q.Q., Inc ...... 4361 Pell Drive, Sacramento, CA 95838 02/19/99 Printed circuit boards.

The petitions were submitted DEPARTMENT OF COMMERCE Closed Session pursuant to Section 251 of the Trade Act 5. Discussion of matters properly of 1974 (19 U.S.C. 2341). Consequently, Bureau of Export Administration classified under Executive Order 12958, the United States Department of dealing with the U.S. export control Commerce has initiated separate President's Export Council Subcommittee on Export program and strategic criteria related investigations to determine whether thereto. increased imports into the United States Administration; Notice of Partially Closed Meeting The General Session of the meeting is of articles like or directly competitive open to the public and a limited number with those produced by each firm A partially closed meeting of the of seats will be available. Reservations contributed importantly to total or President’s Export council are not required. To the extent time partial separation of the firm’s workers, Subcommittee on Export permits, members of the public may or threat thereof, and to a decrease in Administration (PECSEA) will be held present oral statements to the sales or production of each petitioning March 24, 1999, 9:00 a.m., at the U.S. Committee. Written statements may be firm. Department of Commerce, Herbert C. submitted at any time before or after the Any party having a substantial Hoover Building, Room 4832, 14th meeting. However, to facilitate distribution of public presentation interest in the proceedings may request Street between Pennsylvania and materials to the Committee members, a public hearing on the matter. A Constitution Avenues, NW., the Committee suggests that public request for a hearing must be received Washington, DC. The Subcommittee by Trade Adjustment Assistance, Room presentation materials or comments be provides advice on matters pertinent to forwarded before the meeting to the 7315, Economic Development those portions of the Export Administration, U.S. Department of address listed below: Ms. Lee Ann Administration Act, as amended, that Carpenter, Advisory Committees MS: Commerce, Washington, D.C. 20230, no deal with United States policies of later than the close of business of the 3876, Bureau of Export Administration, encouraging trade with all countries 15th St. & Pennsylvania Ave., NW., U.S. tenth calendar day following the with which the United States has Department of Commerce, Washington, publication of this notice. diplomatic or trading relations and of DC 20230. The Catalog of Federal Domestic controlling trade for national security A Notice of Determination to close Assistance official program number and and foreign policy reasons. meetings, or portions of meetings, of the title of the program under which these Public Session Subcommittee to the public on the basis petitions are submitted is 11.313, Trade of 5 U.S.C. 522(c)(1) was approved Adjustment Assistance. 1. Opening remarks by the October 16, 1997, in accordance with Dated: February 25, 1999. Chairman. the Federal Advisory Committee Act. A Anthony J. Meyer, 2. Presentation of papers or copy of the Notice of Determination is comments by the public. available for public inspection and Coordinator, Trade Adjustment and copying in the Central Reference and Technical Assistance. 3. Update on Administration export Records Inspection Facility, Room 6020, [FR Doc. 99–5326 Filed 3–8–99; 8:45 am] control initiatives. U.S. Department of Commerce, BILLING CODE 3510±24±P 4. Task Force reports. Washington, DC. For further

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Dated: March 3, 1999. Chile: Fresh Cut Flow- A±583±803 ...... 03/01/98±02/28/99 Iain S. Baird, ers Thailand: Welded Car- Deputy Assistant Secretary for Export A±337±602 ...... 03/01/98±02/28/99 bon Steel Pipe & Administration. Colombia: Fresh Cut Tube [FR Doc. 99–5683 Filed 3–8–99; 8:45 am] Flowers A±549±502 ...... 03/01/98±02/28/99 A±301±602 ...... 03/01/98±02/28/99 United Kingdom: Hot BILLING CODE 3510±33±M Ecuador: Fresh Cut Rolled Lead & Bis- Flowers muth Carbon Steel A±331±602 ...... 03/01/98±02/28/99 Products DEPARTMENT OF COMMERCE Finland: Viscose A±412±810 ...... 03/01/98±02/28/99 Rayon Staple Fiber COUNTERVAILING DUTY PROCEEDINGS International Trade Administration A±405±071 ...... 03/01/98±02/28/99 Brazil: Castor Oil Prod- France: Brass Sheet & ucts Antidumping or Countervailing Duty Strip C±351±029 ...... 01/01/98±12/31/98 Order, Finding, or Suspended A±427±602 ...... 03/01/98±02/28/99 Brazil: Cotton Yarn Investigation; Opportunity To Request France: Hot Rolled C±351±037 ...... 01/01/98±12/31/98 Administrative Review Lead & Bismuth Brazil: Hot Rolled Lead Carbon Steel Prod- & Bismuth Carbon AGENCY: Import Administration, ucts Steel Products International Trade Administration, A±427±804 ...... 03/01/98±02/28/99 C±351±812 ...... 01/01/98±12/31/98 Department of Commerce. Germany: Brass Sheet Chile: Fresh Cut Flow- ers ACTION: & Strip Notice of opportunity to request C±337±601 ...... 01/01/98±12/31/98 administrative review of antidumping or A±428±602 ...... 03/01/98±02/28/99 Germany: Hot Rolled France: Brass Sheet & countervailing duty order, finding, or Lead & Bismuth Strip suspended investigation. Carbon Steel Prod- C±427±603 ...... 01/01/98±12/31/98 ucts France: Hot Rolled Background A±428±811 ...... 03/01/98±02/28/99 Lead & Bismuth India: Sulfanilic Acid Carbon Steel Prod- Each year during the anniversary A±533±806 ...... 03/01/98±02/28/99 ucts month of the publication of an Israel: Oil Country Tu- C±427±805 ...... 01/01/98±12/31/98 antidumping or countervailing duty bular Goods Germany: Hot Rolled order, finding, or suspension of A±508±602 ...... 03/01/98±02/28/99 Lead & Bismuth investigation, an interested party, as Italy: Brass Fire Pro- Carbon Steel Prod- defined in section 771(9) of the Tariff tection Products ucts Act of 1930, as amended, may request, A±475±401 ...... 03/01/98±02/28/99 C±428±812 ...... 01/01/98±12/31/98 India: Sulfanilic Acid in accordance with Sec. 351.213 of the Italy: Brass Sheet & Strip C±533±807 ...... 01/01/98±12/31/98 Department of Commerce (the A±475±601 ...... 03/01/98±02/28/99 Iran: In-Shell Pistachio Department) Regulations (19 CFR Japan: Television Re- Nuts 351.213 (1997)), that the Department ceivers C±507±501 ...... 01/01/98±12/31/98 conduct an administrative review of that A±588±015 ...... 03/01/98±02/28/99 Israel: Oil Country Tu- antidumping or countervailing duty Japan: Stainless Steel bular Goods order, finding, or suspended Butt-Weld Pipe Fit- C±508±601 ...... 01/01/98±12/31/98 Netherlands: Fresh investigation. tings A±588±702 ...... 03/01/98±02/28/99 Cut Flowers Opportunity to Request a Review Japan: Defrost Timers C±421±601 ...... 01/01/98±12/31/98 Pakistan: Cotton Shop Not later than that last day of March A±588±829 ...... 03/01/98±02/28/99 Mexico: Carbon Steel Towels 1999, interested parties may request an Wire Rope C±535±001 ...... 01/01/98±12/31/98 administrative review of the following A±201±806 ...... 03/01/98±02/28/99 Turkey: Certain Weld- orders, findings or suspended People's Republic of ed Carbon Steel investigations, with anniversary dates in China: Chloropicrin Line Pipe March for the following periods: A±570±002 ...... 03/01/98±02/28/99 C±489±502 ...... 01/01/98±12/31/98 People's Republic of Turkey: Welded Car- bon Steel Pipe & Antidumping duty China: Ferrosilicon proceedings Period A±570±819 ...... 03/01/98±02/28/99 Tube People's Republic of C±489±502 ...... 01/01/98±12/31/98 Australia: Canned China: Glycine United Kingdom: Hot Bartlett Pears A±570±836 ...... 03/01/98±02/28/99 Rolled Lead & Bis- A±602±039 ...... 03/01/98±02/28/99 South Korea: Carbon muth Carbon Steel Bangladesh: Cotton Steel Wire Rope Products Stop Towels A±580±811 ...... 03/01/98±02/28/99 C±412±811 ...... 01/01/98±12/31/98 A±538±802 ...... 03/01/98±02/28/99 Spain: Stainless Steel SUSPENSION AGREEMENTS Brazil: Hot Rolled Lead Bar Venezuela: Gray Port- & Bismuth Carbon A±469±805 ...... 03/01/98±02/28/99 land Cement And Steel Products Sweden: Brass Sheet Cement Clinker A±351±811 ...... 03/01/98±02/28/99 & Strip C±307±804 ...... 01/01/98±12/31/98 Brazil: Ferrosilicon A±401±601 ...... 03/01/98±02/28/99 A±351±820 ...... 03/01/98±02/28/99 Taiwan: Light-Walled In accordance with section 351.213 of Canada: Iron Con- Rect. Welded Car- the regulations, an interested party as struction Castings bon Steel Pipe & defined by section 771(9) of the Act may A±122±503 ...... 03/01/98±02/28/99 Tube request in writing that the Secretary

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11440 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices conduct an administrative review. The collect the cash deposit previously (‘‘Sunset’’) Reviews of Antidumping and Department has changed its ordered. Countervailing Duty Orders, 63 FR requirements for requesting reviews for This notice is not required by statute 13516 (March 20, 1998) (‘‘Sunset countervailing duty orders. Pursuant to but is published as a service to the Regulations’’). Guidance on 771(9) of the Act, an interested party international trading community. methodological or analytical issues must specify the individual producers Dated: March 3, 1999. relevant to the Department’s conduct of or exporters covered by the order or Holly A. Kuga, sunset reviews is set forth in the suspension agreement for which they Department’s Policy Bulletin 98:3— Acting Deputy Assistant Secretary for Import are requesting a review (Department of Administration. Policies Regarding the Conduct of Five- Commerce Regulations, 62 FR 27295, year (‘‘Sunset’’) Reviews of [FR Doc. 99–5795 Filed 3–8–99; 8:45 am] 27494 (May 19, 1997)). Therefore, for Antidumping and Countervailing Duty both antidumping and countervailing BILLING CODE 3510±DS±M Orders; Policy Bulletin, 63 FR 18871 duty reviews, the interested party must (April 16, 1998) (‘‘Sunset Policy specify for which individual producers DEPARTMENT OF COMMERCE Bulletin’’). or exporter covered by an antidumping Scope finding or an antidumping or International Trade Administration countervailing duty order it is The merchandise subject to this requesting a review, and the requesting [A±570±002] antidumping order is chloropicrin, also known as trichloronitromethane. A party must state why it desires the Final Results of Expedited Sunset major use of the product is as a pre- Secretary to review those particular Review: Chloropicrin from the People's plant soil fumigant (pesticide). Such producers or exporters. If the interested Republic of China party intends for the Secretary to review merchandise is currently classifiable sales of merchandise by an exporter (or AGENCY: Import Administration, under Harmonized Tariff Schedule a producer if that producer also exports International Trade Administration, (HTS) item number 2904.90.50. The merchandise from other suppliers) Department of Commerce. HTS item number is provided for which were produced in more than one ACTION: Notice of final results of convenience and U.S. Customs country of origin and each country of expedited sunset review: chloropicrin purposes. The written description origin is subject to a separate order, then from the People’s Republic of China remains dispositive. the interested party must state This review covers imports from all specifically, on an order-by-order basis, SUMMARY: On November 2, 1998, the manufacturers and exporters of which exporter(s) the request is Department of Commerce (‘‘the chloropicrin from the People’s Republic intended to cover. Department’’) initiated a sunset review of China (‘‘PRC’’). of the antidumping order on Seven copies of the request should be Background submitted to the Assistant Secretary for chloropicrin from the People’s Republic Import Administration, International of China (63 FR 58709) pursuant to On November 2, 1998, the Department Trade Administration, Room 1870, U.S. section 751(c) of the Tariff Act of 1930, initiated a sunset review of the Department of Commerce, 14th Street & as amended (‘‘the Act’’). On the basis of antidumping order on chloropicrin from Constitution Avenue, NW., Washington, a notice of intent to participate and the PRC (63 FR 58709), pursuant to DC 20230. The Department also asks substantive comments filed on behalf of section 751(c) of the Act. The parties to serve a copy of their requests the domestic industry and inadequate Department received a Notice of Intent to the Office of Antidumping/ response (in this case, no response) from to Participate on behalf of ASHTA Countervailing Enforcement, Attention: respondent interested parties, the Chemicals, Inc., HoltraChem Sheila Forbes, in room 3065 of the main Department determined to conduct an Manufacturing Company, L.L.C., Niklor Commerce Building. Further, in expedited review. As a result of this Chemical Company, Inc., and Trinity accordance with section 351.303(f)(1)(i) review, the Department finds that Manufacturing, Inc. (collectively ‘‘the of the regulations, a copy of each revocation of the antidumping order domestic interested parties’’), on request must be served on every party would be likely to lead to continuation November 13, 1998, within the deadline on the Department’s service list. or recurrence of dumping at the levels specified in section 351.218(d)(1)(i) of the Sunset Regulations. Each company The Department will publish in the indicated in the Final Results of the claimed interested party status under Federal Register a notice of Initiation of Review section of this notice. section 771(9)(C) of the Act, as a U.S. Administrative Review of Antidumping FOR FURTHER INFORMATION CONTACT: manufacturer of a domestic like or Countervailing Duty Order, Finding, Scott E. Smith or Melissa G. Skinner, product. The domestic interested parties or Suspended Investigation for requests Office of Policy for Import note that LCP Chemicals & Plastics, Inc. received by the last day of March 1999. Administration, International Trade (‘‘LCP’’) 1 and Niklor Chemical If the Department does not receive, by Administration, U.S. Department of Company, Inc. filed the original petition the last day of March 1999, a request for Commerce, 14th Street and Constitution in this proceeding. We received a review of entries covered by an order, Avenue, NW, Washington, D.C. 20230; complete substantive response from the finding, or suspended investigation telephone: (202) 482–6397 or (202) 482– domestic interested parties on December listed in this notice and for the period 1560, respectively. 2, 1998, within the 30-day deadline identified above, the Department will EFFECTIVE DATE: March 9, 1999. specified in the Sunset Regulations instruct the Customs Service to assess SUPPLEMENTARY INFORMATION: under section 351.218(d)(3)(i). We did antidumping or countervailing duties on not receive a substantive response from those entries at a rate equal to the cash Statute and Regulations any respondent interested party to this deposit of (or bond for) estimated This review was conducted pursuant proceeding. As a result, pursuant to 19 antidumping or countervailing duties to sections 751(c) and 752 of the Act. required on those entries at the time of The Department’s procedures for the 1 The Hanlin Group, Inc., the parent company of entry, or withdrawal from warehouse, conduct of sunset reviews are set forth LCP, continued to participate in this case until for consumption and to continue to in Procedures for Conducting Five-year 1993.

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CFR 351.218(e)(1)(ii)(C), the Department and legislative history, section if companies continue dumping with determined to conduct an expedited, 751(c)(4)(B) of the Act provides that the the discipline of an order in place, the 120-day, review of this order. Department shall determine that Department may reasonably infer that revocation of an order is likely to lead dumping would continue if the Determination to continuation or recurrence of discipline were removed. In the instant In accordance with section 751(c)(1) dumping where a respondent interested proceeding, a dumping margin above de of the Act, the Department conducted party waives its participation in the minimis continues to exist for this review to determine whether sunset review. In the instant review, the shipments of the subject merchandise revocation of the antidumping order Department did not receive a response from The China National Chemicals would be likely to lead to continuation from any interested party. Pursuant to Import and Export Corporation or recurrence of dumping. Section section 351.218(d)(2)(iii) of the Sunset (‘‘SINOCHEM’’) and William Hunt & Co. 752(c) of the Act provides that, in Regulations, this constitutes a waiver of of Hong Kong, a third country reseller.4 making this determination, the participation. The Department also reviewed data Department shall consider the weighted- The antidumping order on on the volume of imports before and averaged dumping margins determined chloropicrin from the PRC was after issuance of the order, consistent in the investigation and subsequent published in the Federal Register on with section 752(c) of the Act. The reviews and the volume of imports of March 22, 1984 (49 FR 10691). Since the Department examined U.S. Census data the subject merchandise for the period imposition of the order, the Department (IM146 reports) for the years preceding before and the period after the issuance has conducted one administrative the imposition of the order through the of the antidumping order, and shall review.2 The order remains in effect for present. This information demonstrates provide to the International Trade all manufacturers and exporters of the that exports of chloropicrin from the Commission (‘‘the Commission’’) the subject merchandise. PRC decreased sharply after the magnitude of the margin of dumping The domestic interested parties argue imposition of the order. In 1982, exports likely to prevail if the order is revoked. that the Department should determine of the subject merchandise to the United The Department’s determinations that there is a likelihood that dumping States exceeded 1.25 million kilograms concerning continuation or recurrence would continue were the order revoked and, in 1983, exports of the subject of dumping and the magnitude of the for four reasons. First, according to the merchandise to the United States margin are discussed below. In addition, domestic interested parties, imports of exceeded 2.45 million kilograms. parties’ comments with respect to the subject merchandise ceased after However, in 1985, the year after the continuation or recurrence of dumping imposition of the order. The domestic imposition of the order, this volume fell and the magnitude of the margin are interested parties argue that, according to zero. In the years following the addressed within the respective sections to the Commission’s final determination imposition of the order, exports of below. in March, 1984, imports of chloropicrin chloropicrin to the United States never Continuation or Recurrence of ceased in September 1983 after the reached their pre-order level and have, Department’s preliminary antidumping for the majority of the interim years, Dumping 3 determination. Second, there are remained below 200,000 kilograms per Drawing on the guidance provided in significant imports to the United States year. Based on this analysis, the the legislative history accompanying the of nitromethane from the PRC, a product Department finds that the imports of the Uruguay Round Agreements Act that is used in the production of subject merchandise have fallen (‘‘URAA’’), specifically the Statement of chloropicrin. The domestic interested significantly since the imposition of the Administrative Action (‘‘the SAA’’), parties argue that this indicates that the order. H.R. Doc. No. 103–316, vol. 1 (1994), the PRC producers have the immediate We find the existence of deposit rates House Report, H.R. Rep. No. 103–826, ability and interest to export above de minimis levels and the pt.1 (1994), and the Senate Report, S. chloropicrin to the United States and reduction in export volumes over the Rep. No. 103–412 (1994), the sell it at less than fair value. Third, life of the order is highly probative of Department issued its Sunset Policy chloropicrin is a price-competitive, the likelihood of continuation or Bulletin providing guidance on commodity-type product which could recurrence of dumping.5 Dumping methodological and analytical issues, provide an opportunity for PRC margins continue in effect for exports of including the bases for likelihood producers to capture a large percentage the subject merchandise by all known determinations. In its Sunset Policy of the market if the order were revoked. PRC exporters and third country Bulletin, the Department indicated that And finally, a dumping margin of 58 resellers. Given that dumping margins determinations of likelihood will be percent on imports of PRC chloropicrin have continued over the life of the made on an order-wide basis (see continues in effect for all PRC exporters order, respondent interested parties section II.A.3). In addition, the (see December 2, 1998, Substantive waived participation in the sunset Department indicated that normally it Response of the Domestic Interested review, and absent argument and will determine that revocation of an Parties at 10). evidence to the contrary, the antidumping order is likely to lead to In making its determination, the continuation or recurrence of dumping Department considers the existence of 4 The dumping margin for both SINOCHEM and where: (a) Dumping continued at any dumping margins and the volume of William Hunt & Co. is 58 percent. See Chloropicrin level above de minimis after the imports before and after the issuance of from The People’s Republic of China; Final Results issuance of the order, (b) imports of the the order. As discussed in section II.A.3 of Administrative Review of Antidumping Order; 50 subject merchandise ceased after the of the Sunset Policy Bulletin, the SAA FR 2844 (January 22, 1985). at 890, and the House Report at 63–64, 5 The SAA at 890, and the House Report at 63– issuance of the order, or (c) dumping 64, state that the ‘‘[e]xistence of dumping margins was eliminated after the issuance of the after the order, or the cessation of imports after the order and import volumes for the 2 See Chloropicrin from the People’s Republic of order, is highly probative of the likelihood of subject merchandise declined China; Final Results of Administrative Review of continuation or recurrence of dumping. If Antidumping Order, 50 FR 2844 (January 22, 1985). companies continue to dump with the discipline of significantly (see section II.A.3). 3 See Chloropicrin From the People’s Republic of an order in place, it is reasonable to assume that In addition to guidance on likelihood China, Inv. 731–TA–130 (Final), USITC Pub. No. dumping would continue if the discipline were provided in the Sunset Policy Bulletin 1505 (March 1984) at A–8. removed.’’

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Department determines that dumping is the original investigation is the only SUMMARY: The Department of Commerce likely to continue if the order were calculated rate that reflects the behavior is extending the time limit for the revoked. of exporters without the discipline of preliminary results of the eleventh Because the Department based this the order. Therefore, consistent with the review of the antidumping duty order determination on the continued Sunset Policy Bulletin, we will report to on tapered roller bearings and parts existence of margins above de minimis the Commission the company-specific thereof, finished and unfinished, from and respondent interested parties’ rate for SINOCHEM and the ‘‘all others’’ the People’s Republic of China. The waiver of participation, it is not rate from the original investigation for period of review is June 1, 1997 through necessary to address the domestic all remaining companies as the May 31, 1998. This extension is made interested parties’ arguments concerning dumping margin likely to prevail if the pursuant to Section 751(a)(3)(A) of the non-U.S. export markets, exports of order were revoked. These margins are Tariff Act of 1930, as amended by the nitromethane, or the price-competitive contained in the FINAL RESULTS OF Uruguay Round Agreements Act (‘‘the nature of chloropicrin. REVIEW section of this notice. Act’’). Magnitude of the Margin Final Results of Review EFFECTIVE DATE: March 9, 1999. FOR FURTHER INFORMATION CONTACT: In the Sunset Policy Bulletin, the As a result of this review, the Zak Department stated that it will normally Department finds that revocation of the Smith, Office 1, Import Administration, provide to the Commission the margin antidumping order would be likely to International Trade Administration, that was determined in the final lead to continuation or recurrence of U.S. Department of Commerce, 14th determination in the original dumping at the margins listed below: Street and Constitution Avenue, N.W., investigation. Further, for companies Washington, D.C. 20230; telephone (202) 482–0189. not specifically investigated or for Manufacturer/Exporter Margin companies that did not begin shipping (percent) SUPPLEMENTARY INFORMATION: Because it is not practicable to complete this until after the order was issued, the SINOCHEM ...... 58.0 Department normally will provide a All Other Manufacturers/Export- review within the originally anticipated margin based on the ‘‘all others’’ rate ers ...... 58.0 time limit (i.e., March 2, 1999), the from the investigation. (See section Department of Commerce (‘‘the II.B.1 of the Sunset Policy Bulletin.) This notice serves as the only Department’’) is extending the time Exceptions to this policy include the reminder to parties subject to limit for completion of the preliminary use of a more recently calculated administrative protective order (APO) of results to not later than June 30, 1999, margin, where appropriate, and their responsibility concerning the in accordance with section 751(a)(3)(A) consideration of duty absorption disposition of proprietary information of the Act. See March 2, 1999 determinations. (See sections II.B.2 and disclosed under APO in accordance Memorandum from Deputy Assistant 3 of the Sunset Policy Bulletin.) with 19 CFR 351.305 of the Secretary for AD/CVD Enforcement The Department published, in the Department’s regulations. Timely Richard W. Moreland to Assistant Federal Register, the antidumping duty notification of return/destruction of Secretary for Import Administration order for chloropicrin from the PRC on APO materials or conversion to judicial Robert LaRussa on file in the public file March 22, 1984 (49 FR 10691). In this protective order is hereby requested. of the Central Records Unit, B–099 of order, the Department established a Failure to comply with the regulations the Department. weighted-averaged margin for and the terms of an APO is a We are issuing and publishing this SINOCHEM of 58 percent. Also, in this sanctionable violation. notice in accordance with sections order, the Department established a This five-year (‘‘sunset’’) review and 751(a)(1) and 777(i)(1) of the Act. weighted-averaged margin for any other notice are in accordance with sections Dated: March 2, 1999. manufacturer/exporter of the subject 751(c), 752, and 777(i)(1) of the Act. Richard W. Moreland, 6 merchandise of 58 percent. We note Dated: March 3, 1999. Deputy Assistant Secretary for AD/CVD that, to date, the Department has not Robert S. LaRussa, Enforcement. issued any duty absorption findings in Assistant Secretary for Import [FR Doc. 99–5792 Filed 3–8–99; 8:45 am] this case. Administration. BILLING CODE 3510±DS±P In its substantive response, the [FR Doc. 99–5793 Filed 3–8–99; 8:45 am] domestic interested parties BILLING CODE 3510±DS±P recommended that, consistent with the DEPARTMENT OF COMMERCE Sunset Policy Bulletin, the Department provide to the Commission the original DEPARTMENT OF COMMERCE International Trade Administration dumping margin of 58 percent established by the Department for all International Trade Administration Johns Hopkins University; Notice of PRC manufacturers/exporters of Decision on Application for Duty-Free [A±570±601] chloropicrin. Entry of Scientific Instrument The Department agrees with the Tapered Roller Bearings and Parts domestic interested parties’ argument This is a decision pursuant to Section Thereof, Finished and Unfinished, 6(c) of the Educational, Scientific, and concerning the choice of the margin to From the People's Republic of China; report to the Commission. In the Cultural Materials Importation Act of Notice of Extension of Time Limit for 1966 (Pub. L. 89–651, 80 Stat. 897; 15 original investigation, the Department Administrative Review calculated a margin for SINOCHEM and CFR part 301). Related records can be established an ‘‘all others’’ rate for the AGENCY: Import Administration, viewed between 8:30 A.M. and 5:00 remaining companies. The margin from International Trade Administration, P.M. in Room 4211, U.S. Department of Department of Commerce. Commerce, 14th and Constitution Avenue, N.W., Washington, D.C. 6 See Antidumping Duty Order; Chloropicrin from ACTION: Notice of Extension of Time Docket Number: 98–067. Applicant: the People’s Republic of China, 49 FR 10691 (March Limit. 22, 1984). Johns Hopkins University, Baltimore,

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MD 21218. Instrument: Electron SUPPLEMENTARY INFORMATION: On March Service, Modernization Staff, 1325 East- Microscope, Model CM300. 31, 1999 the SSC will review the West Highway, Silver Spring, Maryland Manufacturer: Philips, The Netherlands. assessment and make recommendations 20910–3283. Telephone: 301–713–0454. Intended Use: See notice at 64 FR 4843, on the status of tilefish resources. On John E. Jones, Jr., February 1, 1999. Order Date: December April, 1, 1999 the Tilefish Committee Deputy Assistant Administrator for Weather 10, 1997. and the Tilefish Advisory Panel will Services. Comments: None received. Decision: meet to review the SSC [FR Doc. 99–5743 Filed 3–8–99; 8:45 am] Approved. No instrument of equivalent recommendations and develop BILLING CODE 3510±KE±M scientific value to the foreign recommendations on Essential Fish instrument, for such purposes as the Habitat (EFH) and fishery management instrument is intended to be used, was measures. DEPARTMENT OF COMMERCE being manufactured in the United States Although other issues not contained at the time the instrument was ordered. in this agenda may come before the National Oceanic and Atmospheric Reasons: The foreign instrument is a Committees for discussion, in Administration conventional transmission electron accordance with the Magnuson-Stevens [I.D. 021299D] microscope (CTEM) and is intended for Fishery Conservation and Management research or scientific educational uses Act, those issues may not be the subject New England Fishery Management requiring a CTEM. We know of no of formal action during this meeting. Council; Public Meetings CTEM, or any other instrument suited to Action will be restricted to those issues these purposes, which was being specifically identified in this notice. AGENCY: National Marine Fisheries manufactured in the United States at the Service (NMFS), National Oceanic and Special Accommodations time of order of the instrument. Atmospheric Administration (NOAA), Frank W. Creel, This meeting is physically accessible Commerce. Director, Statutory Import Programs Staff. to people with disabilities. Requests for ACTION: Notice of public meetings sign language interpretation or other [FR Doc. 99–5794 Filed 3–8–99; 8:45 am] revision. auxiliary aids should be directed to BILLING CODE 3510±DS±P Joanna Davis at the Council (see SUMMARY: The New England Fishery ADDRESSES) at least 5 days prior to the Management Council (Council) has modified a meeting of its Groundfish DEPARTMENT OF COMMERCE meeting date. Oversight Committee for March 22, March 3, 1999. 1999. The meeting will now be a joint National Oceanic and Atmospheric Gary C. Matlock, Administration meeting of the Groundfish Advisory Director, Office of Sustainable Fisheries, Panel and Groundfish Committee. National Marine Fisheries Service. DATES: The meeting will be held on [I.D. 030199C] [FR Doc. 99–5799 Filed 3–8–99; 8:45 am] March 22, 1999. See SUPPLEMENTARY BILLING CODE 3510±22±F Mid-Atlantic Fishery Management INFORMATION for specific dates and Council (MAFMC); Meeting times. DEPARTMENT OF COMMERCE ADDRESSES: The meeting will be held in AGENCY: National Marine Fisheries Peabody, MA. See SUPPLEMENTARY Service (NMFS), National Oceanic and National Oceanic and Atmospheric INFORMATION for specific locations. Atmospheric Administration (NOAA), Administration FOR FURTHER INFORMATION CONTACT: Paul Commerce. J. Howard, Executive Director, New ACTION: Notice of public meeting. Modernization Transition Committee England Fishery Management Council (MTC) (781) 231–0422. Requests for special SUMMARY: The Mid-Atlantic Fishery Management Council’s Scientific & ACTION: Notice of public meeting. accommodations should be addressed to Statistical Committee (SSC), Tilefish TIME AND DATE; March 24, 1999 the New England Fishery Management Committee, and Tilefish Advisory Panel beginning at 8 a.m. Council, 5 Broadway, Saugus, MA 01906–1036; telephone: (781) 231–0422. will hold public meetings. PLACE: This meeting will take place at SUPPLEMENTARY INFORMATION: The DATES: On Wednesday, March 31, 1999 the Silver Spring Holiday Inn, 8777 the SSC will meet from 10:00 a.m. until Georgia Avenue, Silver Spring, original notice (64 FR 8330, February 5:00 p.m. On Thursday, April 1, 1999 Maryland. 19, 1999) stated that only the Groundfish Committee would meet on the Tilefish Committee and the Tilefish STATUS: The meeting will be open to the Monday, March 22, 1999. The meeting Advisory Panel will meet from 9:00 a.m. public. The time between 11:30 a.m. has been rescheduled to meet jointly as until 4:00 p.m. and 12 noon will be set aside for public a Groundfish Advisory Panel and comments. Approximately 50 seats will ADDRESSES: These meetings will be held Groundfish Committee. be available to the public on a first- at the Radisson Hotel Philadelphia Monday, March 22, 1999, 9:30 a.m.— come, first-served basis. Airport, 500 Stevens Drive, Joint meeting of the Groundfish Philadelphia, PA; telephone: 610–521– MATTERS TO BE CONSIDERED: This Oversight Committee and Advisors 5900. meeting will include status updates on Location: Holiday Inn, One Newbury Council address: Mid-Atlantic Fishery the Huntsville, Alabama, proposed Street (Rt. 1 North), Peabody, MA Management Council, 300 S. New certifications; consultation on the FY 01960, phone: (978) 535–4600; fax: (978) Street, Dover, DE 19904. 2000 National Implementation Plan; a 535–8238. FOR FURTHER INFORMATION CONTACT: Fire Weather program presentation; and Daniel T. Furlong, Executive Director, a report on the NWS Modernization Special Accommodations Mid-Atlantic Fishery Management status. The meeting is physically accessible Council; telephone: 302–674–2331, ext. CONTACT PERSON FOR MORE INFORMATION: to people with disabilities. Requests for 19. Nicholas Scheller, National Weather sign language interpretation or other

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11444 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices auxiliary aids should be directed to Paul For permits 1114, 1202, and 1203: salmonids. Data from these three studies J. Howard (see ADDRESSES) at least 5 Tom Lichatowich, Portland, OR (503– will be used to assess the survival of days prior to the meeting dates. 230–5438) downstream salmonids as they pass All other previously published SUPPLEMENTARY INFORMATION: through various habitats. USFS has also information remains unchanged. requested some indirect mortalities of Authority Dated: March 3, 1999. the ESA-listed, juvenile fish associated Issuance of permits and permit Gary C. Matlock, with the research. modifications as required by the ESA, is WDFW (1203) requests a 5-year Director, Office of Sustainable Fisheries, based on a finding that such permits/ permit, for takes of adult and juvenile, National Marine Fisheries Service. modifications: (1) Are applied for in UCR spring chinook salmon associated [FR Doc. 99–5800 Filed 3–8–99; 8:45 am] good faith; (2) would not operate to the with five research studies in UCR BILLING CODE 3510±22±F disadvantage of the listed species which tributaries and the mainstem river in are the subject of the permits; and (3) anticipation of a possible listing are consistent with the purposes and decision of this species by NMFS. In DEPARTMENT OF COMMERCE policies set forth in section 2 of the study 1, WDFW proposes to assess National Oceanic and Atmospheric ESA. Permits and modifications are migrating juvenile salmonid Administration issued in accordance with and are populations. The fish will be captured subject to parts 217–222 of Title 50 CFR, with screw traps, anesthetized, sampled [I.D. 030199D] the NMFS regulations governing listed for biological data and released species permits. downstream. In study 2, WDFW Endangered Species; Permits proposes to trap returning adults at fish Species Covered in this Notice AGENCY: National Marine Fisheries ladders, record biological information, Service (NMFS), National Oceanic and The following species and and release them upstream. In study 3, Atmospheric Administration (NOAA), evolutionarily significant units (ESU’s) WDFW proposes to survey the spawning Commerce. are covered in this notice: grounds to identify redds and collect Chinook salmon (Oncorhynchus biological data from carcasses. In study ACTION: Receipt of applications for new tshawytscha): Upper Columbia River 4, WDFW proposes to assess the scientific research permits (1202, 1203), (UCR) spring, Snake River (SnR) spring/ capacity of salmonid habitat. Juvenile receipt of an amendment to an summer and Steelhead trout (O. salmonids will be captured using application for a scientific research mykiss): Lower Columbia River (LCR), electroshockers, seines, and other permit (1129), and receipt of a request UCR. techniques; anesthetized; sampled for to modify an existing scientific research To date, neither a listing biological data; and released. In study 5, permit (1114). determination for UCR spring chinook WDFW proposes to conduct presence/ SUMMARY: Notice is hereby given of the salmon under the ESA, nor protective absence studies by using following actions regarding permits for regulations for threatened LCR steelhead electroshockers to determine the takes of endangered and threatened under section 4(d) of the ESA have been distribution of salmonids in various species for the purposes of scientific promulgated by NMFS. This notice of watersheds. Data from these five studies research and/or enhancement: NMFS receipt of applications requesting takes will provide managers valuable has received new permit applications of these species is issued as a precaution information that will be used to assess from the U.S. Forest Service in in the event that NMFS issues an UCR the survival of migrating juvenile Corvallis, OR (USFS) (1202) and from spring chinook salmon listing salmonids, the abundance of adults on the Washington Department of Fish and determination and/or LCR steelhead spawning grounds, the annual success Wildlife in Olympia, WA protective regulations. The initiation of of spawners, and the relative abundance (WDFW)(1203); NMFS has received an a 30-day public comment period on the of salmonids in the available habitat. amendment to a pending application applications, including their proposed WDFW has also requested some indirect from WDFW (1129); and NMFS has takes of UCR spring chinook salmon mortalities of the ESA-listed, juvenile received a request to modify an existing and/or LCR steelhead, does not fish associated with the research. presuppose a listing determination or permit from WDFW (1114). Amended Application the contents of the eventual protective DATES: Written comments or requests for regulations, respectively. On March 24, 1998, a notice was a public hearing on any of the new published (63 FR 14069) that NMFS had applications or modification requests New Applications Received received an application (1129) for a 5- must be received on or before April 8, USFS (1202) requests a 5-year permit year permit from WDFW that would 1999. authorizing direct takes of juvenile, authorize takes of adult and juvenile, ADDRESSES: The applications and threatened, LCR steelhead associated threatened, naturally produced and related documents are available for with three salmonid monitoring studies artificially propagated, SnR spring/ review in the following office, by in the Clackamas River and tributaries. summer chinook salmon associated appointment: Protected Resources In study 1, USFS proposes to evaluate with a supplementation program at the Division, F/NWO3, 525 NE Oregon the downstream migration of juvenile Tucannon River and Lyons Ferry Street, Suite 500, Portland, OR 97232– salmonids. The fish will be captured Hatcheries. NMFS has received an 4169 (503–230–5400). with screw traps, anesthetized, tagged amendment to that application All documents may also be reviewed with passive integrated transponders requesting the initiation of a captive by appointment in the Office of (PIT) tags, and released. For study 2, broodstock program for Tucannon River Protected Resources, F/PR3, NMFS, USFS proposes to conduct a catch and spring chinook salmon. The goal of the 1315 East-West Highway, Silver Spring, effort study. Juvenile salmonids will be captive broodstock program is for the MD 20910–3226 (301–713–1401). captured with fly fishing gear, short term rebuilding of the Tucannon FOR FURTHER INFORMATION CONTACT: For anesthetized, PIT tagged, and released. River spring chinook salmon run permit 1129: Leslie Schaeffer, Portland, In study 3, USFS proposes to use because of poor expected runs through OR (503–230–5433). snorkel surveys to count juvenile the year 2001. Supplementation fish are

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11445 proposed to be selected for the captive ACTION: Notice of Recruitment for (3) Microelectronics, software, and broodstock program. The amendment Additional Members for NMTNEC. telecommunications. also requests the use of remote site Typically, committee members are incubators to reseed the uppermost SUMMARY: The Department of present or former Chief Executive reaches of the Tucannon River with Commerce, Technology Administration Officers or other senior leaders of spring chinook salmon to aid in the long (TA), requests nominations of corporations; presidents or term recovery and rebuilding of the individuals for appointment to the distinguished faculty of universities; or spring chinook salmon run. Eggs for National Medal of Technology senior executives of non-profit these incubators would come from the Nomination Evaluation Committee organizations. They offer stature by Tucannon River spring chinook (NMTNEC). The Committee provides virtue of their positions and also possess supplementation program or from the advice to the Secretary on the first-hand knowledge of the forces captive broodstock program. WDFW has implementation of Pub. L. 96–480 (15 driving future directions for their also requested some indirect mortalities U.S.C. 3711) under the Federal Advisory industries or fields of expertise. The of the ESA-listed, juvenile fish Committee Act, 5 U.S.C. app. 2. The Committee as a whole is balanced in associated with the research/ terms of several current members have representing geographical, professional, enhancement activities. expired and the period of nominations and diversity interests. Nominees must will identify their replacement. be U.S. citizens, must be able to fully Modification Request Received DATES: Please submit nominations by participate in meetings pertaining to the WDFW requests modification 2 to March 24, 1999. review and selection of finalists for the permit 1114, which authorizes annual ADDRESSES: Submit nominations to the National Medal of Technology, and direct takes of adult and juvenile, National Medal of Technology Program must uphold the confidential nature of endangered, naturally produced and Office, Technology Administration, U.S. an independent peer review and artificially propagated, UCR steelhead Department of Commerce, 14th Street competitive selection process. associated with a smolt monitoring and Constitution Avenue, NW, Room The Department of Commerce is program at Rock Island Dam. For 4226, Washington, DC 20230. Materials committed to equal opportunity in the modification 2, WDFW requests takes of may be faxed to 202–501–8153. workplace and seeks a broad-based and juvenile, UCR spring chinook salmon in FOR FURTHER INFORMATION CONTACT: diverse NMTNEC membership. anticipation of a possible listing Allison A. Rosenberg, Director, 202– Gary R. Bachula, decision of this species by NMFS. The 482–5572. Under Secretary (Acting), Technology requested takes are associated with a Administration. SUPPLEMENTARY INFORMATION: The proposed research program designed to National Medal of Technology was [FR Doc. 99–5730 Filed 3–8–99; 8:45 am] collect information on juvenile rechartered on December 8, 1997, for a BILLING CODE 3510±18±M salmonid migration timing, survival, period of two years to provide advice to travel timing, and general fish health. the Secretary on the implementation of The data will be used to make in-season Pub. L. 96–480 (15 U.S.C. 3711) under DEPARTMENT OF DEFENSE adjustments to water releases from the Federal Advisory Committee Act, 5 upstream reservoirs that optimize U.S.C. app. 2. The National Medal of GENERAL SERVICES downstream migration conditions. Technology Nomination Evaluation ADMINISTRATION Juvenile salmonids will be collected in Committee (NMTNEC) serves as an a permanent inclined screen trap, NATIONAL AERONAUTICS AND advisory body to the Under Secretary of anesthetized, examined and/or PIT SPACE ADMINISTRATION Technology in his capacity as Chair of tagged, allowed to recover from the the Steering Committee, which reports [OMB Control No. 9000±0067] anesthetic, and released. WDFW has directly to the Secretary of Commerce. also requested some indirect mortalities Submission for OMB Review; Members are responsible for reviewing of the ESA-listed, juvenile fish Comment Request Entitled Incentive nominations and making associated with the research/ Contracts recommendations for the nation’s enhancement activities. Modification 2 highest honor for technological AGENCIES: Department of Defense (DOD), is requested to be valid for the duration innovation, awarded annually by the General Services Administration (GSA), of the permit, which expires on President of the United States. Members and National Aeronautics and Space December 31, 2002. of the NMTNEC have an understanding Administration (NASA). Dated: March 2, 1999. of, and experience in, developing and ACTION: Notice of request for an Margaret Lorenz, utilizing technological innovation and/ extension to an existing OMB clearance. Acting Chief, Endangered Species Division, or they are familiar with the education, Office of Protected Resources, National training, employment and management SUMMARY: Under the provisions of the Marine Fisheries Service. of technological human resources. Paperwork Reduction Act of 1995 (44 [FR Doc. 99–5796 Filed 3–8–99; 8:45 am] Under the Federal Advisory U.S.C. Chapter 35), the Federal BILLING CODE 3510±22±F Committee Act, membership in a Acquisition Regulation (FAR) committee constituted under the Act Secretariat has submitted to the Office must be balanced. To achieve balance, of Management and Budget (OMB) a DEPARTMENT OF COMMERCE the Department is seeking additional request to review and approve an nominations of candidates from small, extension of a currently approved Technology Administration medium-sized, and large businesses or information collection requirement concerning Incentive Contracts. A National Medal of Technology with special expertise in the following subsectors of the technology enterprise: request for public comments was Nomination Evaluation Committee published at 63 FR 71099, December 23, (NMTNEC) (1) Manufacturing and Process Quality Technologies; 1998. No comments were received. AGENCY: Technology Administration, (2) Infrastructure and Transportation DATES: Comments may be submitted on U.S. Department of Commerce. Technologies, Structural Materials; and or before April 8, 1999.

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ADDRESSES: Comments regarding this Dated: March 3, 1999. on the particular equipment to allow the burden estimate or any other aspect of Edward C. Loeb, Government to analyze the item. this collection of information, including Director, Federal Acquisition Policy Division. The Government uses the submitted suggestions for reducing this burden, [FR Doc. 99–5805 Filed 3–8–99; 8:45 am] data to determine whether or not the should be submitted to: FAR Desk BILLING CODE 6820±34±P equipment meets the contract Officer, OMB, Room 10102, NEOB, requirements in the categories of Washington, DC 20503, and a copy to performance, construction, and the General Services Administration, DEPARTMENT OF DEFENSE durability. This data is placed in the FAR Secretariat (MVRS), 1800 F Street, contract file and used during the NW, Room 4035, Washington, DC GENERAL SERVICES inspection of the equipment when it 20405. Please cite OMB Control No. ADMINISTRATION arrives on the project and when it is 9000–0067, Incentive Contracts, in all made operable. NATIONAL AERONAUTICS AND correspondence. B. Annual Reporting Burden SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Public reporting burden for this Ralph DeStefano, Federal Acquisition [OMB Control No. 9000±0062] collection of information is estimated to Policy Division, GSA (202) 501–1758. Submission for OMB Review; average .25 hours per completion, SUPPLEMENTARY INFORMATION: Comment Request Entitled Material including the time for reviewing and Workmanship instructions, searching existing data A. Purpose sources, gathering and maintaining the AGENCIES: Department of Defense (DOD), data needed, and completing and Incentive contracts are normally used General Services Administration (GSA), reviewing the collection of information. when a firm fixed-price contract is not and National Aeronautics and Space The annual reporting burden is appropriate and the required supplies or Administration (NASA). estimated as follows: Respondents, services can be acquired at lower costs, 3,160; responses per respondent, 1.5; and sometimes with improved delivery ACTION: Notice of request for an extension to an existing OMB clearance. total annual responses, 4,740; or technical performance, by relating the preparation hours per response, .25; and amount of profit or fee payable under SUMMARY: Under the provisions of the total response burden hours, 1,185. the contract to the contractor’s Paperwork Reduction Act of 1995 (44 Obtaining Copies of Proposals performance. U.S.C. Chapter 35), the Federal The information required periodically Acquisition Regulation (FAR) Requester may obtain a copy of the from the contractor—such as cost of Secretariat has submitted to the Office justification from the General Services work already performed, estimated costs of Management and Budget (OMB) a Administration, FAR Secretariat of further performance necessary to request to review and approve an (MVRS), Room 4035, 1800 F Street, NW, complete all work, total contract price extension of a currently approved Washington, DC 20405, telephone (202) for supplies or services accepted by the information collection requirement 208–7312. Please cite OMB Control No. Government for which final prices have concerning Material and Workmanship. 9000–0062, Material and Workmanship, been established, and estimated costs A request for public comments was in all correspondence. allocable to supplies or services published at 63 FR 71101, December 23, Dated: March 3, 1999. accepted by the Government and for 1998. No comments were received. Edward C. Loeb, which final prices have not been DATES: Comments may be submitted on Director, Federal Acquisition Policy Division. established—is needed to negotiate the or before April 8, 1999. [FR Doc. 99–5806 Filed 3–8–99; 8:45 am] final prices of incentive-related items ADDRESSES: Comments regarding this and services. BILLING CODE 6820±34±P burden estimate or any other aspect of The contracting officer evaluates the this collection of information, including information received to determine the suggestions for reducing this burden, DEPARTMENT OF DEFENSE contractor’s performance in meeting the should be submitted to: FAR Desk incentive target and the appropriate Officer, OMB, Room 10102, NEOB, GENERAL SERVICES price revision, if any, for the items or Washington, DC 20503, and a copy to ADMINISTRATION services. the General Services Administration, NATIONAL AERONAUTICS AND B. Annual Reporting Burden FAR Secretariat (MVRS), 1800 F Street, NW, Room 4035, Washington, DC SPACE ADMINISTRATION The annual reporting burden is 20405. Please cite OMB Control No. [OMB Control No. 9000±0058] estimated as follows: Respondents, 9000–0062, Material and Workmanship, 3,000; responses per respondent, 1; total in all correspondence. Submission for OMB Review; annual responses, 3,000; preparation FOR FURTHER INFORMATION CONTACT: Jack Comment Request Entitled Schedules hours per response, 1; and total O’Neill, Federal Acquisition Policy for Construction Contracts response burden hours, 3,000. Division, GSA (202) 501–3856. AGENCIES: Department of Defense (DOD), Obtaining Copies of Proposals SUPPLEMENTARY INFORMATION: General Services Administration (GSA), A. Purpose and National Aeronautics and Space Requester may obtain copies of the Administration (NASA). justification from the General Services Under Federal contracts requiring that ACTION: Notice of request for an Administration, FAR Secretariat equipment (e.g., pumps, fans, extension to an existing OMB clearance. (MVRS), Room 4035, Washington, DC generators, chillers, etc.) be installed in 20405, telephone (202) 208–7312. Please a project, the Government must SUMMARY: Under the provisions of the cite OMB Control No. 9000–0067, determine that the equipment meets the Paperwork Reduction Act of 1995 (44 Incentive Contracts, in all contract requirements. Therefore, the U.S.C. Chapter 35), the Federal correspondence. contractor must submit sufficient data Acquisition Regulation (FAR)

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Secretariat has submitted to the Office Dated: March 3, 1999. traumatic injury, occupational disease of Management and Budget (OMB) a Edward C. Loeb, or damage to property, materials, request to review and approve an Director, Federal Acquisition Policy Division. supplies or equipment. Records of extension of a currently approved [FR Doc. 99–5807 Filed 3–8–99; 8:45 am] personal inquiries are required by information collection requirement BILLING CODE 6820±34±P OSHA (OMB Control No. 1220–0029). concerning Schedules for Construction The Federal Acquisition Regulation Contracts. A request for public requires records of damage to property, comments was published at 63 FR DEPARTMENT OF DEFENSE materials, supplies or equipment to 71100, December 23, 1998. No provide background information when GENERAL SERVICES comments were received. claims are brought against the ADMINISTRATION DATES: Comments may be submitted on Government. or before April 8, 1999. NATIONAL AERONAUTICS AND If the contract involves work of a long ADDRESSES: Comments regarding this duration, the contractor must submit a burden estimate or any other aspect of SPACE ADMINISTRATION written proposal for implementation of this collection of information, including [OMB Control No. 9000±0060] the clause. The Accident Prevention suggestions for reducing this burden, should be submitted to: FAR Desk Submission for OMB Review; Plan, for projects that are hazardous or Officer, OMB, Room 10102, NEOB, Comment Request Entitled Accident of long duration, is analyzed by the Washington, DC 20503, and a copy to Prevention Plans and Recordkeeping Contracting Officer along with the the General Services Administration, agency safety representatives to AGENCIES: Department of Defense (DOD), determine if the proposed plan will FAR Secretariat (MVRS), 1800 F Street, General Services Administration (GSA), NW, Room 4035, Washington, DC meet the requirement of the safety and National Aeronautics and Space regulations and applicable statutes. The 20405. Please cite OMB Control No. Administration (NASA). 9000–0058, Schedules for Construction records maintained by the contractor are ACTION: Contracts, in all correspondence. Notice of request for an used to evaluate compliance and may be extension to an existing OMB clearance. FOR FURTHER INFORMATION CONTACT: Jack used in workmen’s compensation cases. O’Neill, Federal Acquisition Policy SUMMARY: Under the provisions of the The Accident Prevention Plan is placed Division, GSA (202) 501–3856. Paperwork Reduction Act of 1995 (44 in the contract file for reference. SUPPLEMENTARY INFORMATION: U.S.C. Chapter 35), the Federal B. Annual Reporting Burden Acquisition Regulation (FAR) A. Purpose Secretariat has submitted to the Office Public reporting burden for this Federal construction contractors may of Management and Budget (OMB) a collection of information is estimated to be required to submit schedules, in the request to review and approve an average 2 hours per completion, form of a progress chart, showing the extension of a currently approved including the time for reviewing order in which the contractor proposes information collection requirement instructions, searching existing data to perform the work. Actual progress concerning Accident Prevention Plans sources, gathering and maintaining the shall be entered on the chart as directed and Recordkeeping. A request for public data needed, and completing and by the contracting officer. This comments was published at 63 FR reviewing the collection of information. information is used to monitor progress 71101, December 23, 1998. No under a Federal construction contract comments were received. The annual reporting burden is estimated as follows: Respondents, when other management approaches for DATES: Comments may be submitted on 2,106; responses per respondent, 2; total ensuring adequate progress are not used. or before April 8, 1999. annual responses, 4,212; preparation ADDRESSES: B. Annual Reporting Burden Comments regarding this hours per response, 2; and total burden estimate or any other aspect of Public reporting burden for this response burden hours, 8,424. collection of information is estimated to this collection of information, including average 1 hour per response, including suggestions for reducing this burden, Obtaining Copies of Proposals should be submitted to: FAR Desk the time for reviewing instructions, Requester may obtain a copy of the searching existing data sources, Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to justification from the General Services gathering and maintaining the data Administration, FAR Secretariat needed, and completing and reviewing the General Services Administration, (MVRS), Room 4035, 1800 F Street, the collection of information. FAR Secretariat (MVRS), 1800 F Street, The annual reporting burden is NW., Room 4035, Washington, DC NW., Washington, DC 20405, telephone estimated as follows: Respondents, 20405. Please cite OMB Control No. (202) 208–7312. Please cite OMB 2,600; responses per respondent, 2; total 9000–0060, Accident Prevention Plans Control No. 9000–0060, Accident annual responses, 5,200; preparation and Recordkeeping, in all Prevention Plans and Recordkeeping, in hours per response, 1; and total correspondence. all correspondence. response burden hours, 5,200. FOR FURTHER INFORMATION CONTACT: Jack Dated: March 3, 1999. O’Neill, Federal Acquisition Policy Edward C. Loeb, Obtaining Copies of Proposals Division, GSA (202) 501–3856. Director, Federal Acquisition Policy Division. Requester may obtain a copy of the SUPPLEMENTARY INFORMATION: justification from the General Services [FR Doc. 99–5808 Filed 3–8–99; 8:45 am] Administration, FAR Secretariat A. Purpose BILLING CODE 6820±34±P (MVRS), Room 4035, 1800 F Street, NW, The clause ‘‘Accident Prevention’’ (48 Washington, DC 20405, telephone (202) CFR 52.236–13) requires Federal 208–7312. Please cite OMB Control No. construction contractors to keep records 9000–0058, Schedules for Construction of accidents incident to work performed Contracts, in all correspondence. under the contract that result in death,

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DEPARTMENT OF DEFENSE properly accomplished at reasonable published at 63 FR 71929, December 30, prices. 1998. No comments were received. GENERAL SERVICES B. Annual Reporting Burden DATES: Comments may be submitted on ADMINISTRATION or before April 8, 1999. Public reporting burden for this ADDRESSES: Comments regarding this NATIONAL AERONAUTICS AND collection of information is estimated to SPACE ADMINISTRATION burden estimate or any other aspect of average .75 hours per completion, this collection of information, including [OMB Control No. 9000±0064] including the time for reviewing suggestions for reducing this burden, instructions, searching existing data should be submitted to: FAR Desk Submission for OMB Review; sources, gathering and maintaining the Officer, OMB, Room 10102, NEOB, Comment Request Entitled data needed, and completing and Washington, DC 20503, and a copy to Organization and Direction of Work reviewing the collection of information. the General Services Administration, The annual reporting burden is FAR Secretariat (MVRS), 1800 F Street, AGENCIES: Department of Defense (DOD), estimated as follows: Respondents, 50; General Services Administration (GSA), NW, Room 4035, Washington, DC responses per respondent, 1; total 20405. Please cite OMB Control No. and National Aeronautics and Space annual responses, 50; preparation hours Administration (NASA). 9000–0032, Contractor Use of per response, .75; and total response Interagency Motor Pool Vehicles, in all ACTION: Notice of request for an burden hours, 38. correspondence. extension to an existing OMB clearance. Obtaining copies of proposals: FOR FURTHER INFORMATION CONTACT: SUMMARY: Under the provisions of the Requester may obtain a copy of the Linda Klein, Federal Acquisition Policy Paperwork Reduction Act of 1995 (44 justification from the General Services Division, GSA (202) 501–3775. U.S.C. Chapter 35), the Federal Administration, FAR Secretariat SUPPLEMENTARY INFORMATION: Acquisition Regulation (FAR) (MVRS), Room 4035, 1800 F Street, NW, A. Purpose Secretariat has submitted to the Office Washington, DC 20405, telephone (202) of Management and Budget (OMB) a 208–7312. Please cite OMB Control No. If it is in the best interest of the request to review and approve an 9000–0064, Organization and Direction Government, the Contracting officer extension of a currently approved of Work, in all correspondence. may authorize cost-reimbursement information collection requirement contractors to obtain, for official concerning Organization and Direction Dated: March 3, 1999. purposes only, interagency motor pool of Work. A request for public comments Edward C. Loeb, vehicles and related services. was published at 63 FR 71102, Director, Federal Acquisition Policy Division. Contractors’ requests for vehicles must December 23, 1998. No comments were [FR Doc. 99–5809 Filed 3–8–99; 8:45 am] contain two copies of the agency received. BILLING CODE 6820±34±P authorization, the number of vehicles DATES: Comments may be submitted on and related services required and period or before April 8, 1999. of use, a list of employees who are DEPARTMENT OF DEFENSE authorized to request the vehicles, a ADDRESSES: Comments regarding this listing of equipment authorized to be burden estimate or any other aspect of GENERAL SERVICES serviced, and billing instructions and this collection of information, including ADMINISTRATION address. suggestions for reducing this burden, A written statement that the should be submitted to: FAR Desk NATIONAL AERONAUTICS AND contractor will assume, without the Officer, OMB, Room 10102, NEOB, SPACE ADMINISTRATION right of reimbursement from the Washington, DC 20503, and a copy to Government, the cost or expense of any the General Services Administration, [OMB Control No. 9000±0032] use of the motor pool vehicles and FAR Secretariat (MVRS), 1800 F Street, services not related to the performance NW, Room 4035, Washington, DC Submission for OMB Review; of the contract is necessary before the 20405. Please cite OMB Control No. Comment Request Entitled Contractor contracting officer may authorize cost- 9000–0064, Organization and Direction Use of Interagency Motor Pool reimbursement contractors to obtain of Work, in all correspondence. Vehicles interagency motor pool vehicles and FOR FURTHER INFORMATION CONTACT: Jack AGENCIES: Department of Defense (DOD), related services. O’Neill, Federal Acquisition Policy General Services Administration (GSA), The information is used by the Division, GSA (202) 501–3856. and National Aeronautics and Space Government to determine that it is in SUPPLEMENTARY INFORMATION: Administration (NASA). the Government’s best interest to authorize a cost-reimbursement A. Purpose ACTION: Notice of request for an extension to an existing OMB clearance. contractor to obtain, for official When the Government awards a cost- purposes only, interageny motor pool reimbursement construction contract, SUMMARY: Under the provisions of the vehicles and related services, and to the contractor must submit to the Paperwork Reduction Act of 1995 (44 provide those vehicles. contracting officer and keep current a U.S.C. Chapter 35), the Federal chart showing the general executive and Acquisition Regulation (FAR) B. Annual Reporting Burden administrative organization, the Secretariat has submitted to the Office Public reporting burden for this personnel to be employed in connection of Management and Budget (OMB) a collection of information is estimated to with the work under the contract, and request to review and approve an average 30 minutes per response, their respective duties. The chart is used extension of a currently approved including the time for reviewing in administration of the contract and as information collection requirement instructions, searching existing data an aid in determining cost. The chart is concerning Contractor Use of sources, gathering and maintaining the used by contract administration Interagency Motor Pool Vehicles. A data needed, and completing and personnel to assure the work is being request for public comments was reviewing the collection of information.

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The annual reporting burden is Washington, DC 20503, and a copy to DEPARTMENT OF DEFENSE estimated as follows: Respondents, 70; the General Services Administration, responses per respondent, 2; total FAR Secretariat (MVRS), 1800 F Street, GENERAL SERVICES annual responses, 140; preparation NW, Room 4035, Washington, DC ADMINISTRATION hours per response, .5; and total 20405. Please cite OMB Control No. NATIONAL AERONAUTICS AND response burden hours, 70. 9000–0005, Architect-Engineer and SPACE ADMINISTRATION Obtaining copies of proposals Related Services Questionnaire for Specific Project (SF 255), in all [OMB Control No. 9000±0031] Requester may obtain a copy of the correspondence. justification from the General Services Submission for OMB Review; Administration, FAR Secretariat FOR FURTHER INFORMATION CONTACT: Jack Comment Request Entitled Contractor (MVRS), Room 4035, 1800 F Street, NW, O’Neill, Federal Acquisition Policy Use of Government Supply Sources Washington, DC 20405, telephone (202) Division, GSA (202) 501–3856. AGENCIES: Department of Defense (DOD), 208–7312. Please cite OMB Control No. SUPPLEMENTARY INFORMATION: General Services Administration (GSA), 9000–0032, Contractor Use of and National Aeronautics and Space Interagency Motor Pool Vehicles, in all A. Purpose Administration (NASA). correspondence. ACTION: Notice of request for an Dated: March 4, 1999. Standard Form 255 is used by all Executive agencies to obtain extension to an existing OMB clearance. Edward C. Loeb, information from architect-engineer (A- Director, Federal Acquisition Policy Division. SUMMARY: Under the provisions of the E) firms interested in a particular Paperwork Reduction Act of 1995 (44 [FR Doc. 99–5810 Filed 3–8–99; 8:45 am] project. The information on the form is BILLING CODE 6820±34±P U.S.C. Chapter 35), the Federal reviewed by a selection panel composed Acquisition Regulation (FAR) of professional people and assists the Secretariat has submitted to the Office DEPARTMENT OF DEFENSE panel in selecting the most qualified A- of Management and Budget (OMB) a E firm to perform the specific project. request to review and approve an GENERAL SERVICES The form is designed to provide a extension of a currently approved ADMINISTRATION uniform method for A-E firms to submit information collection requirement information on experience, personnel, concerning Contractor Use of NATIONAL AERONAUTICS AND capabilities of the A-E firm to perform, Government Supply Sources. A request SPACE ADMINISTRATION along with information on the for public comments was published at [OMB Control No. 9000±0005] consultants they expect to collaborate 63 FR 71929, December 30, 1998. No with on the specific project. comments were received. Submission for OMB Review; B. Annual Reporting Burden DATES: Comments may be submitted on Comment Request Entitled Architect- or before April 8, 1999. Engineer and Related Services Public reporting burden for this ADDRESSES: Comments regarding this Questionnaire for Specific Project (SF collection of information is estimated to burden estimate or any other aspect of 255) average 1.2 hours per response, this collection of information, including AGENCIES: Department of Defense (DOD), including the time for reviewing suggestions for reducing this burden, General Services Administration (GSA), instructions, searching existing data should be submitted to: FAR Desk and National Aeronautics and Space sources, gathering and maintaining the Officer, OMB, Room 10102, NEOB, Administration (NASA). data needed, and completing and Washington, DC 20503, and a copy to ACTION: Notice of request for an reviewing the collection of information. the General Services Administration, extension to an existing OMB clearance. The annual reporting burden is FAR Secretariat (MVRS), 1800 F Street, NW, Room 4035, Washington, DC estimated as follows: Respondents, SUMMARY: Under the provisions of the 20405. Please cite OMB Control No. 5,000; responses per respondent, 4; total Paperwork Reduction Act of 1995 (44 9000–0031, Contractor Use of annual responses, 20,000; preparation U.S.C. Chapter 35), the Federal Government Supply Sources, in all hours per response, 1.2; and total Acquisition Regulation (FAR) correspondence. response burden hours, 24,000. Secretariat has submitted to the Office FOR FURTHER INFORMATION CONTACT: of Management and Budget (OMB) a Obtaining copies of proposals: Linda Klein, Federal Acquisition Policy request to review and approve an Division, GSA (202) 501–3775. extension of a currently approved Requester may obtain a copy of the SUPPLEMENTARY INFORMATION: information collection requirement justification from the General Services concerning Architect-Engineer and Administration, FAR Secretariat A. Purpose Related Services Questionnaire for (MVRS), Room 4035, 1800 F Street, NW, When it is in the best interest of the Specific Project (SF 255). A request for Washington, DC 20405, telephone (202) Government and when supplies and public comments was published at 63 208–7312. Please cite OMB Control No. services are required by a Government FR 71098, December 23, 1998. No 9000–0005, Architect-Engineer and contract, contracting officers may comments were received. Related Services Questionnaire for authorize contractors to use Government DATES: Comments may be submitted on Specific Project (SF 255), in all supply sources in performing certain or before April 8, 1999. correspondence. contracts. Contractors placing orders ADDRESSES: Comments regarding this Dated: March 3, 1999. under Federal Supply Schedules or burden estimate or any other aspect of Personal Property Rehabilitation Price this collection of information, including Edward C. Loeb, Schedules must follow the terms of the suggestions for reducing this burden, Director, Federal Acquisition Policy Division, applicable schedule. To place orders, should be submitted to: FAR Desk [FR Doc. 99–5811 Filed 3–8–99; 8:45 am] firms will submit the initial FEDSTRIP Officer, OMB, Room 10102, NEOB, BILLING CODE 6820±34±P or MILSTRIP requisitions or the

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Optional Form 347, a copy of the DATES: Applications for financial dollars is authorized for the Secretary to authorization to order, and a statement assistance in response to this notice make educational agency payments to regarding authorization to the firm must be received no later than April 8, LEAs that are impacted by reductions in holding the schedule contract. 1999. the size of the Armed Forces. Eligible The information informs the schedule ADDRESSES: Letters of application must LEAs are those that during the period contractor that the ordering contractor is be addressed to: Acting Assistant between the end of the school year authorized to use this Government Secretary of Defense (Force Management preceding the fiscal year for which the supply source and fills the ordering Policy), Attn: DoD Education Activity payments are authorized and the contractor’s order under the terms of the (Fiscal Division), 4040 North Fairfax beginning of the school year Government contract. Drive, Arlington, VA 22203–1635. immediately preceding that school year, B. Annual Reporting Burden FOR FURTHER INFORMATION CONTACT: Ms. had an overall reduction of not less than 20 percent of military dependent Public reporting burden for this Joyce Eastepp, Department of Defense Education Activity (Fiscal Division), students, as a result of closure or collection of information is estimated to realignment of military installations. average 15 minutes per response, 4040 North Fairfax Drive, Arlington, VA 22203–1634; telephone (703) 696–3833, Any funds provided under this notice including the time for reviewing shall be available only for eligible LEAs instructions, searching existing data extension 282; facsimile number (703) 696–4029. who (1) exercise due diligence in sources, gathering and maintaining the obtaining state and other financial SUPPLEMENTARY INFORMATION: data needed, and completing and assistance; (2) are treated the same as reviewing the collection of information. Program Announcement other LEAs under state law for the The annual reporting burden is purpose of receiving state aid for public estimated as follows: Respondents, 300; During Fiscal Year (FY) 1999, the Department of Defense (DoD) is education; and (3) file with the Acting responses per respondent, 7; total Assistant Secretary of Defense (Force annual responses, 2,100; preparation authorized 35 million dollars to assist eligible Local Education Agencies Management Policy), a letter of hours per response, .25; and total application (see sample letter at the end response burden hours, 525. (LEAs) affected by the impact of military dependent students or by reductions in of this notice) and a copy of an Obtaining Copies of Proposals the size of the Armed Forces. DoD shall independently audited financial report rely on data from the Department of on the LEA for the preceding fiscal year. Requester may obtain a copy of the Applications for financial assistance Education for the purpose of justification from the General Services in response to this notice must be determining eligibility of a LEA. Administration, FAR Secretariat received no later than [30 days after date Pursuant to subsection 386(c) of Pub. (MVRS), Room 4035, 1800 F Street, NW, of publication]. Washington, DC 20405, telephone (202) L. 102–484, as amended, and subsection 208–7312. Please cite OMB Control No. 372(a)(1) of Pub. L. 105–261, 30 million Definitions 9000–0031, Contractor Use of dollars will be provided to eligible LEAs For the purposes of this program, the Government Supply Sources, in all for educational agency assistance if following definitions are applicable: correspondence. without such assistance, such LEAs (a) Applicant. Any LEA requesting would be unable to provide their Dated: March 4, 1999. assistance under this notice. students with a level of education (b) Local Education Agency (LEA). A Edward C. Loeb, equivalent to the minimum available in public board of education or other Director, Federal Acquisition Policy Division. other LEAs in the same state, and public authority legally constituted [FR Doc. 99–5812 Filed 3–8–99; 8:45 am] (1) at least 20 percent (as rounded to within a state for either administrative BILLING CODE 6820±34±U the nearest whole percent) of the control or direction of, or to perform a students in average daily attendance in service function for, public elementary the schools of such LEAs in that Fiscal or secondary schools in a city, county, DEPARTMENT OF DEFENSE Year 1999 are military dependent township, school district, or other students counted under subsection political subdivision of a state, or such Office of the Secretary; Assistance to 8003(a) of the Elementary and Local Educational Agencies (LEAs) combination of school districts or Secondary Education Act of 1965 (20 counties as are recognized in a state as AGENCY: Office of the Secretary, DoD. U.S.C. 7703(a)(1)); an administrative agency for its public ACTION: Notice of a program for (2) there has been a significant elementary or secondary schools. Such providing financial assistance to LEAs. increase, as determined by the term includes any other public Secretary, in the number of military institution or agency having SUMMARY: Pursuant to Section 386 of dependent students in average daily administrative control and direction of Pub. L. 102–484, as amended by Section attendance in the LEA’s schools as a a public elementary or secondary 373 of Pub. L. 103–160, the ‘‘National result of relocation of Armed Forces school. Defense Authorization Act for Fiscal personnel or civilian employees of the (c) Military Dependent Student. A Year 1994,’’ and Section 1074 of Pub. L. Department of Defense or as a result of student that is a dependent child of a 104–106, the ‘‘National Defense a realignment of one or more military member of the Armed Forces or a Authorization Act for Fiscal Year 1996,’’ installations; or dependent child of a civilian employee and pursuant to Section 372 of Pub. L. (3) a LEA is a successor of one or of the Department of Defense. 105–261, the ‘‘Strom Thurmond more LEAs that was eligible for National Defense Authorization Act for payments in Fiscal Year 1992 under Amount of Assistance Fiscal Year 1999,’’ October 17, 1998, DoD Instruction 1342.18 (32 CFR Part An applicant requesting assistance notice is hereby given of a program to 240), and satisfies one of the two under this notice shall submit a letter of provide financial assistance to eligible previously listed criteria. application (see sample letter at end of LEAs that are impacted by the presence Pursuant to subsection 386(d) of Pub. this notice) and a copy of an of military dependent children or by the L. 102–484, as amended, and subsection independently audited financial report base closure process. 372(a)(2) of Pub. L. 105–261, 5 million of the applicant LEA for the second

VerDate 03-MAR-99 18:29 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11451 preceding FY, requesting a DoD Dear Mr. Acting Assistant Secretary: planning and managing an effective contribution and assuring the Acting Pursuant to this ‘‘Notice of a Program for research and development program in Providing Financial Assistance to LEAs,’’ ASD (FMP) that the LEA has applied l l lll the field of electron devices. for, has received or shall receive all Federal Register Vol. , No. , dated , The Working Group B meeting will be 1999), the (name of the local educational limited to review of research and financial assistance from other sources agency (LEA) requests financial assistance for for which it is qualified. Letters of the LEA for school year 1998–1999. We development programs which the application must be addressed as certify that the LEA has applied for financial military proposes to initiate with follows: assistance from all sources, including the industry, universities or in their Acting Assistant Secretary of Defense, State/Commonwealth of (name). We laboratories. The microelectronics area (Force Management Policy), Attn: DoD understand that funds available for that includes such programs on Education Activity (Fiscal Division), purpose shall be paid on a per-pupil basis for semiconductor materials, integrated military dependent students, as in the 4040 North Fairfax Drive, Arlington, VA circuits, charge coupled devices and ‘‘Notice of a Program for Providing Financial memories. The review will include 22203–1635. Assistance to LEAs.’’ Enclosed is a copy of The applicant shall also file a copy of classified program details throughout. our independent audit ‘‘(Title)’’ prepared by In accordance with Section 10(d) of the letter of application for financial (name of firm or agency). We have submitted assistance and required supportive a complete and timely application for Section Pub. L. 92–463, as amended, (5 U.S.C. information with the State Educational 3 impact aid assistance to the Secretary of App. 10(d) (1994)), it has been determined that this Advisory Group Agency (SEA). The SEA may submit Education and have submitted applications for all other assistance for which the LEA meeting concerns matters listed in 5 comments on the LEA’s application to may be entitled. This LEA is treated the same U.S.C. 552b(c)(1) (1994), and that the Department of Defense (at the above as other LEAs under state law for the purpose accordingly, this meeting will be closed address) by [30 days after date of of state aid for public education. A copy of to the public. publication]. Such comments shall be this letter, with the above supporting considered when applications are information, is being submitted to the State Dated: March 3, 1999. reviewed by the Office of the Secretary Educational Agency. L.M. Bynum, of Defense. The LEA’s application and Sincerely, Alternate OSD Federal Register Liaison all required supporting information (Authorized LEA Official) Officer, Department of Defense. must reach the Acting ASD (FMP) no Dated: March 1, 1999. [FR Doc. 99–5684 Filed 3–8–99; 8:45 am] later than [30 days after date of L.M. Bynum, BILLING CODE 5000±04±M publication]. No assurances of Alternate OSD Federal Register Liaison confidentiality are being made, other Officer, Department of Defense. than the assurance that the audits will [FR Doc. 99–5527 Filed 3–8–99; 8:45 am] DEPARTMENT OF DEFENSE not be released. BILLING CODE 5000±04±M Office of the Secretary This information collection has been approved as OMB Control Number DEPARTMENT OF DEFENSE Meeting of the DOD Advisory Group on 0704–0389, with an expiration date of Electron Devices June 30, 2000. The public reporting Office of the Secretary burden for this collection of information AGENCY: Department of Defense, is estimated to average 20 minutes per Meeting of the DOD Advisory Group on Advisory Group on Electron Devices. response, including the time for Electron Devices ACTION: Notice. reviewing instructions, searching SUMMARY: existing data sources, gathering and AGENCY: Department of Defense, Working Group A (Microwave maintaining the data needed, and Advisory Group on Electron Devices. Devices) of the DoD Advisory Group on Electron Devices (AGED) announces a completing and reviewing the collection ACTION: Notice. of information. Send comments closed session meeting. regarding this burden estimate or any SUMMARY: Working Group B DATES: The meeting will be held at other aspect of this collection of (Microelectronics) of the DoD Advisory 0900, Tuesday, March 16, 1999. information, including suggestions for Group on Electron Devices (AGED) ADDRESSES: The meeting will be held at reducing the burden, to Department of announces a closed session meeting. Palisades Institute for Research Defense, Washington Headquarters DATES: The meeting will be held at Services, 1745 Jefferson Davis Highway, Services, Directorate for Information 0900, Thursday, March 18, 1999. Suite 500, Arlington, VA 22202. Operations and Reports (0704–0389), ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT: 1215 Jefferson Davis Highway, Suite Palisades Institute for Research David Cox, AGED Secretariat, 1745 1204, Arlington, VA 22202–4302. Services, 1745 Jefferson Davis Highway, Jefferson Davis Highway, Crystal Square Respondents should be aware that Suite 500, Arlington, VA 22202. Four, Suite 500, Arlington, Virginia notwithstanding any other provision of FOR FURTHER INFORMATION CONTACT: 22202. law, no person shall be subject to any Timothy Doyle, AGED Secretariat, 1745 SUPPLEMENTARY INFORMATION: The penalty for failing to comply with a Jefferson Davis Highway, Crystal Square mission of the Advisory Group is to collection of information if it does not Four, Suite 500, Arlington, Virginia provide advice to the Under Secretary of display a currently valid OMB control 22202. Defense for Acquisition and number. SUPPLEMENTARY INFORMATION: Technology, to the Director of Defense Sample Letter of Application For Financial The mission of the Advisory Group is to Research and Engineering (DDR&E), and Assistance provide advice to the Under Secretary of through the DDR&E to the Director, Defense for Acquisition and Defense Advanced Research Projects Acting Assistant Secretary of Defense, (Force Management Policy), Technology, to the Director Defense Agency (ARPA) and the Military Attn: DoD Education Activity (Fiscal Research and Engineering (DDR&E), and Departments in planning and managing Division), through the DDR&E, to the Director an effective and economical research 4040 North Fairfax Drive, Defense Advanced Research Projects and development program in the area of Arlington, VA 22203–1635 Agency and the Military Departments in electron devices.

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The Working Group A meeting will be programs which the Military laboratories. This opto-electronic device limited to review of research and Departments propose to initiate with area includes such programs as imaging development programs which the industry, universities or in their device, infrared detectors and lasers. Military Departments propose to initiate laboratories. The agenda for this The review will include details of with industry, university or in their meeting will include programs on classified defense programs throughout. laboratories. This microwave device Radiation Hardened Devices, In accordance with Section 10(d) of area includes programs on Microwave Tubes, Displays and Lasers. Pub. L. 92–463, as amended, (5 U.S.C. developments and research related to The review will include details of App. 10(d) (1994)), it has been microwave tubes, solid state microwave classified defense programs throughout. determined that this Advisory Group devices, electronic warfare devices, In accordance with Section 10(d) of meeting concerns matters listed in 5 millimeter wave devices, and passive Pub. L. 92–463, as amended, (5 U.S.C. U.S.C. 552b(c)(1) (1994), and that devices. The review will include details App. 10(d) (1994)), it has been accordingly, this meeting will be closed of classified defense programs determined that this Advisory Group to the public. throughout. meeting concerns matters listed in 5 Dated: March 3, 1999. In accordance with Section 10(d) of U.S.C. 552b(c)(1) (1994), and that L.M. Bynum, Pub. L. 92–463, as amended, (5 U.S.C. accordingly, this meeting will be closed Alternate OSD Federal Register Liaison App. 10(d) (1994)), it has been to the public. Officer, Department of Defense. determined that this Advisory Group Dated: March 3, 1999. [FR Doc. 99–5687 Filed 3–8–99; 8:45 am] meeting concerns matters listed in 5 L.M. Bynum, BILLING CODE 5000±04±M U.S.C. 552b(c)(1) (1994), and that Alternate, OSD Federal Register Liaison accordingly, this meeting will be closed Officer, Department of Defense. to the public. [FR Doc. 99–5686 Filed 3–8–99; 8:45 am] DEPARTMENT OF DEFENSE Dated: March 3, 1999. BILLING CODE 5000±04±M Department of the Army L.M. Bynum, Alternate OSD Federal Register Liaison ARMS Initiative Implementation Officer, Department of Defense. DEPARTMENT OF DEFENSE [FR Doc. 99–5685 Filed 3–8–99; 8:45 am] AGENCY: Armament Retooling and Office of the Secretary BILLING CODE 5000±04±M Manufacturing Support (ARMS) Executive Advisory Committee (EAC). Meeting of the DOD Advisory Group on ACTION: Notice of Meeting. DEPARTMENT OF DEFENSE Electron Devices SUMMARY: Pursuant to Public Law 92– AGENCY: Department of Defense, Office of the Secretary 463, notice is hereby given of the next Advisory Group on Electron Devices. meeting of the Armament Retooling and Meeting of the DOD Advisory Group on ACTION: Notice. Manufacturing Support (ARMS) Electron Devices Executive Advisory Committee (EAC). SUMMARY: Working Group C (Electro- The EAC charters the development of Optics) of the DoD Advisory Group on AGENCY: Department of Defense, new and innovative methods to Electron Devices (AGED) announces a Advisory Group on Electron Devices. optimize the asset value of the closed session meeting. ACTION: Notice. Government—Owned, Contractor- DATES: The meeting will be held at Operated ammunition industrial base SUMMARY: The DoD Advisory Group on 0900, Tuesday, March 23, 1999. for peacetime and national emergency Electron Devices (AGED) announces a ADDRESSES: The meeting will be held at requirements, while ensuring— closed session meeting. Palisades Institute for Research economical and efficient processes at DATES: The meeting will be held at Services, 1745 Jefferson Davis Highway, minimal operating costs, matching 0900, Wednesday, March 17, 1999. Suite 500, Arlington, VA 22202. critical skills, balancing community ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT: economic benefits, and becoming a Palisades Institute for Research Elise Rabin, AGED Secretariat, 1745 ‘‘model’’ for defense conversion. This Services, 1745 Jefferson Davis Highway, Jefferson Davis Highway, Crystal Square meeting will update the EAC and public Suite 500, Arlington, VA 22202. Four, Suite 500, Arlington, Virginia on the status of ongoing actions, new FOR FURTHER INFORMATION CONTACT: Mr. 22202. items of interest, and suggested future Eliot Cohen, AGED Secretariat, 1745 SUPPLEMENTARY INFORMATION: The direction/actions. Topics for this Jefferson Davis Highway, Crystal Square mission of the Advisory Group is to meeting will include—biannual EAC Four, Suite 500, Arlington, VA 22202. provide advice to the Under Secretary of Charter review/renewal; integration of SUPPLEMENTARY INFORMATION: The Defense for Acquisition and facility competition; stronger mission of the Advisory Group is to Technology, to the Director of Defense community involvement; ARMS provide advice to the Under Secretary of Research and Engineering (DDR&E), and Strategic Plan revision addressing reuse, Defense for Acquisition and through the DDR&E to the Director, transition and exit strategies, designing Technology, to the Director of Defense Defense Advanced Research Projects defense conversion models; HMX/RDX Research and Engineering (DDR&E), and Agency and the Military Departments in competition (Holston AAP) relationship through DDR&E to the Director, Defense planning and managing an effective and to ARMS program, and associated return Advanced Research Projects Agency and economical research and development on investment; and various related the Military Departments in planning program in the area of electron devices. topics. This meeting is open to the and managing an effective and The Working Group C meeting will be public. economical research and development limited to review of research and DATES OF MEETING: April 13–14, 1999. program in the area of electron devices. development programs which the PLACE OF MEETING: Radisson Quad City The AGED meeting will be limited to Military Departments propose to initiate Plaza Hotel, 111 E. 2nd Street, review of research and development with industry, universities or in their Davenport, Iowa 52801.

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TIME OF MEETING: 8:00 AM–5:00 PM on or selling devices or processes covered Under the authority of Section April 13 and 14. by these patents. 11(a)(2) of the Federal Technology FOR FURTHER INFORMATION CONTACT; Mr. Title: Multilayered Ferroelectric Transfer Act of 1986 (Public Law 99– Elwood H. Weber, ARMS Task Force, Composite Waveguides. 502) and Section 207 of Title 35, United HQ Army Materiel Command, 5001 Inventors: Louise Sengupta and States Code, the Department of the Eisenhower Avenue, Alexandria, Michael S. Klushens. Army as represented by the U.S. Army Patent Number: 5,830,591. Virginia 22333; Phone (703) 617–9788. Research Laboratory wish to license the Issued Date: Nov. 3, 1998. U.S. patents listed below in a non- SUPPLEMENTARY INFORMATION: Attendees Title: Method and Apparatus for exclusive, exclusive or partially are encouraged to make reservations as Liquid Injection to Reduce Gun Barrel exclusive manner to any party soon as possible by calling Radisson Erosion. interested in manufacturing, using, and/ central reservations at (800) 333–3333. Inventor: Aviezer Birk. or selling devices or processes covered EAC and public (Government) attendees Patent Number: 5,841,057. by these patents. should request the ‘‘Government Rate’’ Issued Date: Nov. 24, 1998. Title: Self-Imaging Waveguide Optical when making reservations. To assist in Title: Method and Apparatus for Polarization Or Wavelength Splitters. the EAC Meeting administrative support Dispensing Liquid with Gas. Inventor: David M. Mackie. requirements, request that all attendees Inventor: Aviezer Birk. Patent Number: 5,838,842. contact the ARMS Team via telephone Patent Number: 5,845,716. Issued Date: Nov 17, 1998. (309) 782–3360/4090 or email to Issued Date: Dec. 8, 1998. Title: Random Number Generator For [email protected]. Previously Title: Shaped Charge Device with registered EAC attendees will confirm Jittered Pulse Repetition Interval Radar Multiple Confinements. Systems. database information and new attendees Inventor: William Walters. will register at the door. Meeting dress Inventor: John W. McCorkle. Patent Number: 5,847,312. Patent Number: 5,847,677. will be corporate casual. Issued Date: Dec. 8, 1998. Issued Date: Dec 8, 1998. Gregory D. Showalter, Title: Thin Film Ferroelectric Title: Self-Imaging Waveguide Optical Army Federal Register Liaison Officer. Composites and Method of Making. Inventors: Sommath Sengutpa and Polarization or Wavelength Splitters. [FR Doc. 99–5778 Filed 3–8–99; 8:45 am] Inventor: David M. Mackie. BILLING CODE 3710±08±M Louise Sengupta. Patent Number: 5,846,893. Patent Number: 5,852,691. Issued Date: Dec. 8, 1998. Issued Date: Dec 22, 1998. DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Title: Acoustic Monitoring System. Michael Rausa, Technology Transfer Inventor: Michael V. Scanlon. Department of the Army Office, AMSRL–CS–TT, U.S. Army Patent Number: 5,853,005. Research Laboratory, Aberdeen Proving Issued Date: Dec 29, 1998. Availability of U.S. Patents for Non- Ground, MD 21005–5055, tel: (410) 278– FOR FURTHER INFORMATION CONTACT: Ms. Exclusive, Exclusive, or Partially- 5028; fax: (410) 278–5820. Norma Cammarata, Technology Transfer Exclusive licensing SUPPLEMENTARY INFORMATION: None. Office, AMSRL–CS–TT, U.S. Army Research Laboratory, 2800 Powder Mill AGENCY: U.S. Army Research Gregory D. Showalter, Laboratory, Adelphi, Maryland. Road, Adelphi, Maryland 20783–1197, Army Federal Register Liaison Officer. tel: (301) 394–2952; fax: (301) 394–5818. ACTION: Notice. [FR Doc. 99–5776 Filed 3–8–99; 8:45 am] SUPPLEMENTARY INFORMATION: None. BILLING CODE 3710±08±M SUMMARY: In accordance with 37 CFR Gregory D. Showalter, 404.6, announcement is made of the Army Federal Register Liaison Officer. availability of the following U.S. patents DEPARTMENT OF DEFENSE [FR Doc. 99–5777 Filed 3–8–99; 8:45 am] for non-exclusive, partially exclusive or BILLING CODE 3710±08±M exclusive licensing. All of the listed Department of the Army patents have been assigned to the United States of America as represented Availability of U.S. Patents for Non- DEPARTMENT OF DEFENSE by the Secretary of the Army, Exclusive, Exclusive, or Partially- Washington, DC. Exclusive Licensing Department of the Army, Corps of Engineers These patents covers a wide variety of AGENCY: U.S. Army Research technical arts including: Multilayered Laboratory, Adelphi, Maryland. Intent to Prepare a Draft Environmental Ferroelectric Composite Waveguides, ACTION: Notice. Impact Statement (DEIS) for a Thin Film Ferroelectric Composites, A Proposed Storm Damage Reduction Method to Reduce Gun Barrel Erosion, SUMMARY: In accordance with 37 CFR Project from Great Egg Harbor Inlet to A Method to Dispense Liquid with Gas 404.6, announcement is made of the Townsends Inlet, Cape May County, and A Shaped Charge Device. availability of the following U.S. patents New Jersey Under the authority of Section for non-exclusive, partially exclusive or 11(a)(2) of the Federal Technology exclusive licensing. All of the listed AGENCY: U.S. Army Corps of Engineers, Transfer Act of 1986 (Public Law 99– patents have been assigned to the DoD. 502) and Section 207 of Title 35, United United States of America as represented ACTION: Notice of Intent. States Code, the Department of the by the Secretary of the Army, Army as represented by the U.S. Army Washington, D.C. SUMMARY: The action being taken is an Research Laboratory wish to license the These patents cover a wide variety of evaluation of the alternatives for storm U.S. patents listed below in a non- technical arts including: Self-Imaging damage reduction and the control of exclusive, exclusive or partially Waveguide Splitters, A Random further erosion for the communities of exclusive manner to any party Number Generator and an Acoustic Ocean City, Strathmere and Sea Isle interested in manufacturing, using, and/ Monitoring System. City, Cape May County, New Jersey. The

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11454 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices purpose of any consequent work would interested public, a decision to have a Federal law, or substantially interfere be to provide shore property protection formal scoping meeting will be made. with any agency’s ability to perform its and to stabilize the shoreline at a c. The significant issues and concerns statutory obligations. The Acting predetermined width. that have been identified include the Leader, Information Management FOR FURTHER INFORMATION CONTACT: impacts of the project on aquatic biota, Group, Office of the Chief Information Questions regarding the DEIS should be fisheries, water quality, intertidal Officer, publishes that notice containing addressed to Mr. Steve Allen, (215) 656– habitat, shallow water habitat, cultural proposed information collection 6559, U.S. Army Corps of Engineers, resources, and socio-economics. requests prior to submission of these requests to OMB. Each proposed CENAP–PL–E, Wanamaker Building, 4. Availability 100 Penn Square East, Philadelphia, PA information collection, grouped by 19107–3390. It is estimated the DEIS will be made office, contains the following: (1) Type available to the public in FY 2000 but of review requested, e.g. new, revision, SUPPLEMENTARY INFORMATION: is contingent on fund allocation by extension, existing or reinstatement; (2) 1. Proposed Action Congress. Title; (3) Summary of the collection; (4) a. The proposed document evaluates Gregory D. Showalter, Description of the need for, and a study area located on the southern Army Federal Register Liaison Officer. proposed use of, the information; (5) Atlantic coast of New Jersey in Cape [FR Doc. 99–5775 Filed 3–8–99; 8:45 am] Respondents and frequency of May County, extending approximately BILLING CODE 3710±GR±M collection; and (6) Reporting and/or 24.1 Kilometers from Great Egg Harbor Recordkeeping burden. OMB invites Inlet to Townsends Inlet. The study area public comment at the address specified includes the beaches, nearshore areas DEPARTMENT OF EDUCATION above. Copies of the requests are and offshore areas along the coastline. available from Patrick J. Sherrill at the This area is subject to severe damages Notice of Proposed Information address specified above. due to major storm events. Collection Requests The Department of Education is especially interested in public comment b. The authority for the proposed AGENCY: Department of Education. project is the resolution adopted by the addressing the following issues: (1) is this collection necessary to the proper U.S. House of Representatives SUMMARY: The Acting Leader, functions of the Department; (2) will Committee on Public Works and Information Management Group, Office this information be processed and used Transportation and the U.S. Senate of the Chief Information Officer, invites in a timely manner; (3) is the estimate Committee on Environment and Public comments on the proposed information of burden accurate; (4) how might the Works dated December 1987. collection requests as required by the Department enhance the quality, utility, Paperwork Reduction Act of 1995. 2. Alternatives and clarity of the information to be DATES: Interested persons are invited to In addition to the no action collected; and (5) how might the submit comments on or before May 10, Department minimize the burden of this alternative, the alternatives considered 1999. for storm damage reduction will fall into collection on the respondents, including ADDRESSES: Written comments and structural and non-structural categories. through the use of information requests for copies of the proposed The structural measures being evaluated technology. information collection requests should for storm damage reduction include, but Dated: March 3, 1999. be addressed to Patrick J. Sherrill, will not be limited to beach (berm and Department of Education, 400 Maryland Joseph Schubart, dune) restoration/nourishment, Avenue, SW, Room 5624, Regional Acting Leader, Information Management bulkheads, seawalls, revetments, Office Building 3, Washington, DC Group, Office of the Chief Information Officer. offshore breakwaters, groins, beach sills, 20202–4651, or should be electronically or combinations thereof. Non-structural Office of the Under Secretary mailed to the internet address Pat measures being considered are Type of Review: New. [email protected], or should be faxed to development regulations, and land Title: Evaluation of the Public Charter 202–708–9346. acquisition. Schools Program: Year 1 Data Collection FOR FURTHER INFORMATION CONTACT: Instruments. 3. Scoping Patrick J. Sherrill (202) 708–8196. Frequency: Annually. a. This study is the sixth of six Individuals who use a Affected Public: Federal Government; interim feasibility studies addressing telecommunications device for the deaf State, local or Tribal Gov’t, SEAs or long-term storm damage reduction along (TDD) may call the Federal Information LEAs. the New Jersey Coastline. The Great Egg Relay Service (FIRS) at 1–800–877–8339 Reporting and Recordkeeping Hour Harbor Inlet to Townsends Inlet study between 8 a.m. and 8 p.m., Eastern time, Burden: area was identified in the New Jersey Monday through Friday. Responses: 125. Shore Protection Study, Report of SUPPLEMENTARY INFORMATION: Section Burden Hours: 94. Limited Reconnaissance Study (1990), 3506 of the Paperwork Reduction Act of Abstract: The evaluation of the Public as one of the primary areas to be 1995 (44 U.S.C. Chapter 35) requires Charter Schools Program (PCSP) is the recommended for further study in the that the Office of Management and first national study of federal support feasibility phase. Budget (OMB) provide interested for charter schools. The contractor, SRI b. The scoping process is on-going Federal agencies and the public an early International, will gather data on charter and has involved preliminary opportunity to comment on information school policies and practices at the coordination with Federal, State, and collection requests. OMB may amend or state, chartering agency, and charter local agencies. Participation of the waive the requirement for public school levels. The study examines the general public and other interested consultation to the extent that public use of PCSP funds at these levels, parties and organizations were invited participation in the approval process assesses the impact of flexibility by means of a public notice. Based on would defeat the purpose of the provisions in states’ charter school the input of these agencies and the information collection, violate State or legislation, and assesses the effect of

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11455 charter schools on student performance. her resume to the address listed below DEPARTMENT OF EDUCATION Respondents include federal PCSP staff, indicating the program in which they [CFDA No. 84.335] state charter school coordinators, and are interested in serving as a field representatives of chartering agencies reader. Resumes should not exceed two Child Care Access Means Parents in and charter schools. pages. School Program; Notice of Technical [FR Doc. 99–5729 Filed 3–8–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: Assistance Workshops for Fiscal Year BILLING CODE 4000±01±P Cindy Brown, Child Care Access Means (FY) 1999 Grant Applications Parents in School Program, Post Office SUMMARY: The Secretary announces DEPARTMENT OF EDUCATION Box 23764. Washington, D.C. 20026– technical assistance workshops to assist 3764. Inquiries may be sent by e-mail to institutions of higher education in Notice Inviting Applicants To Serve as [email protected] or by Fax to: preparing grant applications for the Field Readers for the Child Care (202) 708–9046. Individuals who use Child Care Access Means Parents in Access Means Parents in School telecommunications device for the deaf School Program fiscal year (FY) 1999 Program (TDD) may call the Federal Information grant competition. Relay Service (FIRS) at 1–800–877–8339 DATE AND TIME: The technical assistance SUMMARY: The Office of Higher between 8 a.m. and 8 p.m., Eastern time, workshop in Chicago will be held on Education Programs (HEP) invites Thursday, March 18, 1999, from 9 a.m. interested individuals to apply to serve Monday through Friday. to 1 p.m. The technical assistance as field readers evaluating grant Individuals with disabilities may workshop in San Francisco will be held applications for the Child Care Access obtain this document in an alternative on Monday, March 22, 1999, from 9 a.m. Means Parents in School Program. The format (e.g., Braille, large print, audio to 12 p.m. The technical assistance Child Care Access Means Parents in tape, or computer diskette) on request to workshop in Washington, DC will be School Program is intended to increase the contact person listed in the held on Friday, March 26, 1999, from 9 the access of low-income parents to preceding paragraph. a.m. to 1 p.m. postsecondary education through the provision of quality, affordable child Electronic Access to This Document ADDRESSES: The Chicago workshop will be held at University of Illinois at care. Anyone may view this document, as Duties and Compensation of Field Chicago, Chicago Circle Center, 750 well as all other Department of Readers: Field readers will review South Halsted Street, Chicago, Illinois. Education documents published in the applications according to the applicable The San Francisco workshop will be selection criteria. Each field reader will Federal Register, in text or portable held at San Francisco State University, serve for a period of approximately 5 document format (pdf) on the World Guest Center, 1600 Holloway Avenue, days. Each field reader who is selected Wide Web at either of the following San Francisco, California. The will receive compensation for certain sites: Washington, DC workshop will be held in the Auditorium at the General travel expenses and an honorarium. http;//ocfo.ed.gov/fedreg.html Field Reader Qualifications: The Services (GSA) Building, 7th and D Department is seeking experienced and http://www.ed.gov/news.html Streets, SW., Washington, DC. knowledgeable professionals, who are To use the pdf you must have the Adobe FOR FURTHER INFORMATION CONTACT: current with issues regarding the Acrobat Reader program with search, Cindy Brown, Child Care Access Means provision of quality child care services which is available free at either of the Parents in School Program, 400 and expanding access for low-income previous sites. If you have questions Maryland Avenue, SW., Portals parents to attend institutions of higher about using the pdf, call the U.S. Building, Suite 600A, Washington, DC education. These professionals should 20202. Inquiries may be sent by e-mail Government Printing Office toll free at l be familiar with issues dealing with the 1–888–293–6498. to Cindy [email protected] or by Fax to: start-up and operation of a child care (202) 290–9271. Individuals who use center, early childhood education, Anyone may also view these telecommunication device for the deaf development of children between zero documents in text copy only on an (TDD) may call the Federal Information to three years of age, outreach to low- electronic bulletin board of the Relay Service (FIRS) at 1–800–877–8339 income families, and, in particular, Department. Telephone: (202) 219–1511 between 8 a.m. and 8 p.m., Eastern time, child care programs in a college or or, toll free, 1–800–222–4922. Monday through Friday. university setting. Prospective field The documents are located under Individuals with disabilities may readers may include child care Option G–Files/Announcements, obtain this document in an alternative providers, administrators, and experts; Bulletins and Press Releases. format (e.g., Braille, large print, audio individuals with experience in early tape, or computer diskette) on request to childhood education and development Note: The official version of this document the contact person listed in the of children between zero to three years is the document published in the Federal preceding paragraph. Register. of age; individuals from State agencies, SUPPLEMENTARY INFORMATION: The institutions of higher education, and Program Authority: 20 U.S.C. 1070e. meeting sites are accessible to community services agencies; and Dated: March 4, 1999. individuals with disabilities. An individuals with experience helping David A. Longanecker, individual with a disability who will low-income parents further their Assistant Secretary for Postsecondary need an auxiliary aid or services to education. Each field reader must have Education. participate in the meeting (e.g., the expertise necessary to accurately [FR Doc 99–5801 Filed 3–8–99; 8:45 am] interpreting services, listening device, assess the applicant’s showing on each or materials in an alternate format), BILLING CODE 4000±01±M of the applicable selection criteria. should notify the contact person listed Application Process: Any individual in this notice at least two weeks before interested in serving as a field reader the scheduled meeting date. Although should mail or fax two copies of his or the Department will attempt to

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11456 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices accommodate requests received after For the Department of Energy. The Designated Federal Officer is that date, the requested auxiliary aid or Edward T. Fei, empowered to conduct the meeting in a service may not be available because of Deputy Director, International Policy and fashion that will facilitate the orderly insufficient time to arrange it. Analysis Division, Office of Arms Control and conduct of business. Nonproliferation. Minutes: The minutes of this meeting Electronic Access to This Document [FR Doc. 99–5758 Filed 3–8–99; 8:45 am] will be available for public review and Anyone may view this document, as BILLING CODE 6450±01±P copying at the Freedom of Information well as all other Department of Public Reading Room, 1E–190, Forrestal Education documents published in the Building, 1000 Independence Avenue, Federal Register, in text or portable DEPARTMENT OF ENERGY SW, Washington, DC 20585 between 9 document format (pdf) on the World a.m. and 4 p.m., Monday–Friday, except Wide Web at either of the following Environmental Management Site- Federal holidays. Minutes will also be sites: Specific Advisory Board, Department available by writing to Ms. M.J. Byrne, of Energy, Los Alamos National Deputy Designated Federal Officer, http://ocfo.ed.gov/fedreg.html Laboratory Department of Energy, Los Alamos Area http://www.ed.gov/news.html AGENCY: Department of Energy. Office, 528 35th Street, Los Alamos, NM To use the pdf you must have the Adobe ACTION: Notice of open meeting. 87185–5400. Acrobat Reader Program with Search, Issued at Washington, DC on March 4, which is available free at either of the SUMMARY: This notice announces a 1999. previous sites. If you have questions meeting of the Environmental Rachel M. Samuel, about using the pdf, call the U.S. Management Site-Specific Advisory Deputy Advisory Committee Management Government Printing Office at (202) Board (EM SSAB), Los Alamos National Officer. 512–1530 or, toll free, at 1–888–293– Laboratory. The Federal Advisory [FR Doc. 99–5774 Filed 3–8–99; 8:45 am] Committee Act (Pub. L. 92–463, 86 Stat. 6498. BILLING CODE 6450±01±P Anyone may also view these 770) requires that public notice of these documents in text copy only on an meetings be announced in the Federal electronic bulletin board of the Register. DEPARTMENT OF ENERGY Department. Telephone: (202) 219–1511 DATES: Wednesday, March 24, 1999: or, toll free, 1–800–222–4922. The 3:00 p.m.–5:00 p.m. (Monitoring and Secretary of Energy Advisory Board; documents are located under Option Surveillance Workshop) Notice of Open Meeting G—Files/Announcements, Bulletins and 6:00 p.m.–9:00 p.m. (Board Meeting) AGENCY: Department of Energy. Press Releases. 6:30 p.m. to 7:00 p.m. (Public Comment Note: The official version of a document is Session) SUMMARY: Consistent with the the document published in the Federal ADDRESSES: Elk’s Lodge, Old Las Vegas provisions of the Federal Advisory Register. Highway, Santa Fe, New Mexico 87505. Committee Act (Public Law 92–463, 86 Program Authority: 20 U.S.C. 1070e. FOR FURTHER INFORMATION CONTACT: Ms. Stat. 770), notice is hereby given of the Dated: March 4, 1999. Ann DuBois, Northern New Mexico following advisory committee meeting: David A. Longanecker, Citizens’ Advisory Board, Los Alamos Name: Secretary of Energy Advisory Assistant Secretary for Postsecondary National Laboratory, 528 35th Street, Board. Education. Los Alamos, New Mexico 87544, (505) DATES AND TIMES: Wednesday, March 17, [FR Doc. 99–5802 Filed 3–8–99; 8:45 am] 665–5048. 1999, 8:30 AM—2:30 PM. BILLING CODE 4000±01±M SUPPLEMENTARY INFORMATION: ADDRESSES: Hilton Washington Embassy Purpose of the Board: The purpose of Row Hotel, Ambassador Room, 2015 the Advisory Board is to make Massachusetts Avenue, NW, recommendations to DOE and its Washington D.C. regulators in the areas of environmental DEPARTMENT OF ENERGY FOR FURTHER INFORMATION CONTACT: restoration, waste management, and Richard C. Burrow, Secretary of Energy Office of Arms Control and related activities. Advisory Board (AB–1), U.S. Nonproliferation Policy; Proposed Tentative Agenda Department of Energy, 1000 Subsequent Arrangement 1. Public comment (6:30–7:00 p.m.). Independence Avenue, SW, AGENCY: Department of Energy. 2. Committee reports. Washington, D.C. 20585, (202) 586–1709 3. Other Board business will be or (202) 586–6279 (fax). ACTION: Correction. conducted as necessary. SUPPLEMENTARY INFORMATION: Public Participation: The meeting is Purpose of the Board: The Secretary SUMMARY: In notice FR document 99– open to the public. The public may file of Energy Advisory Board (The Board) 5101 beginning on page 10132 in the written statements with the Committee, reports directly to the Secretary of issue of Tuesday, March 2, 1999, make either before or after the meeting. A Energy and is chartered under the the following correction: sign-up sheet will also be available at Federal Advisory Committee Act. The On page 10132, in the second column, the door of the meeting room to indicate Board provides the Secretary of Energy SUMMARY section, second paragraph, the a request to address the Board. with essential independent advice and sentence should read, ‘‘This subsequent Individuals who wish to make oral recommendations on issues of national arrangement concerns the transfer of presentations, other than during the importance. The Board and its 5,000,000 grams of natural uranium public comment period, should contact subcommittees provide timely, from Canada to EURATOM for toll Ms. Ann DuBois at (505) 665–5048 five balanced, and authoritative advice to enrichment. The enrichment will not (5) business days prior to the meeting to the Secretary on the Department’s exceed 20%.’’ request that the Board consider the item management reforms, research, Dated: March 3, 1999. for inclusion at this or a future meeting. development, and technology activities,

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11457 energy and national security DEPARTMENT OF ENERGY megawatt (MW) gas-fired, electric responsibilities, environmental cleanup powerplant Frontera is building near [FE Docket No. PP±206] activities, and economic issues relating Mission, in Higalgo County, Texas. At to energy. Application for Presidential Permit the border, the transmission lines would interconnect with similar facilities of Tentative Agenda Frontera Generation Limited Partnership the Comision Federal de Electricidad Wednesday, March 17, 1999 (CFE), the national electric utility of AGENCY: Office of Fossil Energy, DOE. Mexico, and continue an additional 5.6 8:30 AM—8:50 AM Welcome & ACTION: Notice of Application. miles south to CFE’s Cumbres Opening Remarks—SEAB Chairman Substation, located near Reynosa in the and Secretary Bill Richardson SUMMARY: Frontera Generation Limited Mexican State of Tamaulipas. Partnership (Frontera) has applied for a In its application, Frontera asserts that 8:50 AM—12:00 PM Status Reports & Presidential permit to construct, the operation of the proposed Board Discussion connect, operate and maintain electric international transmission facilities 12:00 PM—1:30 PM Lunch transmission facilities across the U.S. would not cause the U.S. and Mexican 1:30 PM—2:15 PM Status Reports & border with Mexico. electrical systems to operate in parallel. Board Discussion DATES: Comments, protests, or requests Prior to exporting electric energy to to intervene must be submitted on or Mexico, Frontera will be required to 2:15 PM—2:30 PM Public Comment before April 8, 1999. obtain an electricity export Period ADDRESSES: Comments, protests, or authorization from DOE pursuant to 2:30 PM Closing Remarks requests to intervene should be section 202(e) of the Federal Power Act (FPA) (16 U.S.C. 824a(e)). This tentative agenda is subject to addressed as follows: Office of Coal & Power Import and Export (FE–27), Since the restructuring of the electric change. The final agenda will be power industry began, resulting in the available at the meeting. Office of Fossil Energy, U.S. Department of Energy, 1000 Independence Avenue, introduction of different types of Public Participation: The Chairman of S.W., Washington, D.C. 20585–0350. competitive entities into the marketplace, DOE has consistently the Secretary of Energy Advisory Board FOR FURTHER INFORMATION CONTACT: expressed its policy that cross-border is empowered to conduct the meeting in Ellen Russell (Program Office) 202–586– a way that will, in the Chairman’s trade in electric energy should be 9624 or Michael T. Skinker (Program subject to the same principles of judgment, facilitate the orderly conduct Attorney) 202–586–6667. of business. During its meeting in comparable open access and non- SUPPLEMENTARY INFORMATION: The discrimination that apply to Washington D.C., the Board welcomes construction, connection, operation, and transmission in interstate commerce. public comment. Members of the public maintenance of facilities at the DOE has stated that policy in export will be heard in the order in which they international border of the United States authorizations granted to entities sign up at the beginning of the meeting. for the transmission of electric energy requesting authority to export over The Board will make every effort to hear between the United States and a foreign international transmission facilities. the views of all interested parties. country is prohibited in the absence of Specifically, DOE expects transmitting Written comments may be submitted to a Presidential permit issued pursuant to utilities owning border facilities to Skila Harris, Executive Director, Executive Order (EO) 10485, as provide access across the border in Secretary of Energy Advisory Board, amended by EO 12038. accordance with the principles of AB–1, US Department of Energy, 1000 On March 3, 1999, Frontera filed an comparable open access and non- Independence Avenue, SW, application with the Office of Fossil discrimination contained in the FPA Washington, D.C. 20585. This notice is Energy (FE) of the Department of Energy and articulated in Federal Energy being published less than 15 days before (DOE) for a Presidential permit. Frontera Regulatory Commission Order No. 888 the date of the meeting due to the late is an exempt wholesale generator. (Promoting Wholesale Competition resolution of programmatic issues. Frontera, and its general partner, CSW Through Open Access Non- Frontera GP II, are wholly-owned Discriminatory Transmission Services Minutes: Minutes and a transcript of subsidiary of CSW Energy, Inc., a Texas by Public Utilities; FERC Stats. & Regs. the meeting will be available for public corporation involved in the non- ¶ 31,036 (1996)), as amended. In review and copying approximately 30 regulated generation and sale of electric furtherance of this policy, DOE intends days following the meeting at the power. Frontera is proposing to develop to condition any Presidential permit Freedom of Information Public Reading an international electric transmission issued in this proceeding on compliance Room, 1E–190 Forrestal Building, 1000 line project in two phases. Initially, with these open access principles. Independence Avenue, SW, Frontera proposes to construct single, Procedural Matters: Any person Washington, D.C., between 9:00 AM and temporary 138,000-volt (138–kV) desiring to become a party to this 4:00 PM, Monday through Friday except transmission circuit on wooden poles proceeding or to be heard by filing Federal holidays. Information on the across the U.S. border with Mexico and comments or protests to this application Secretary of Energy Advisory Board may place the temporary facilities into should file a petition to intervene, also be found at the Board’s web site, service during the summer of 1999. At comment or protest at the address located at http://www.hr.doe.gov/seab. a later date, Frontera proposes to provided above in accordance with construct a permanent double-circuit Issued at Washington, D.C., on March 4, §§ 385.211 or 385.214 of the FERC’s 230–kV transmission line on steel 1999. Rules of Practice and Procedures (18 towers along the same right-of-way. The CFR 385.211, 385.214). Filings should Rachel M. Samuel, 138–kV line would be removed after the be clearly marked with Docket PP–206. Deputy Advisory Committee Management 230–kV transmission circuits are Fifteen copies of each document Officer. energized. Each of the proposed should be filed with the DOE on or [FR Doc. 99–5757 Filed 3–8–99; 8:45 am] transmission lines would extend before the date listed above. Additional BILLING CODE 6450±01±P approximately two miles from a 500- copies should be filed directly with:

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Paul E. Graff, Vice President, CSW Any person desiring to be heard or to Cost recoveries from $2,571,704 to Frontera GP II, Inc., 1616 Woodall protest said filing should file a motion $2,528,326. Rodgers Freeway, Dallas, Texas 75202 to intervene or a protest with the Any person desiring to be heard or to AND Carolyn Y. Thompson, Jones, Day, Federal Energy Regulatory Commission, protest said filing should file a motion Reavis & Pogue, 1450 G Street, NW, 888 First Street, NE., Washington, DC to intervene or a protest with the Washington, DC 20005–2088. 20426, in accordance with Sections Federal Energy Regulatory Commission, Before a Presidential permit may be 385.214 and 385.211 of the 888 First Street, NE., Washington, DC issued or amended, DOE must Commission’s Rules and Regulations. 20426, in accordance with Sections determine that the proposed action will All such motions or protests must be 385.214 or 385.211 of the Commission’s not adversely impact on the reliability filed in accordance with Section Rules and Regulations. All such motions of the U.S. electric power supply 154.210 of the Commission’s or protests must be filed in accordance system. In addition, DOE must consider Regulations. Protests will be considered with Section 154.210 of the the environmental impacts of the by the Commission in determining the Commission’s Regulations. Protests will proposed action pursuant to the appropriate action to be taken, but will be considered by the Commission in National Environmental Policy Act of not serve to make protestants parties to determining the appropriate action to be 1969 (NEPA). DOE also must obtain the the proceedings. Any person wishing to taken, but will not serve to make concurrence of the Secretary of State become a party must file a motion to protestants parties to the proceedings. and the Secretary of Defense before intervene. Copies of this filing are on Any person wishing to become a party taking final action on a Presidential file with the Commission and are must file a motion to intervene. Copies permit application. available for public inspection in the of this filing are on file with the Copies of this application will be Public Reference Room. This filing may Commission and are available for public made available, upon request, for public be viewed on the web at http:// inspection in the Public Reference inspection and copying at the address www.ferc.fed.us/online/rims.htm (call Room. This filing may be viewed on the provided above. In addition, the 202–208–2222 for assistance). web at http://www.ferc.fed.us/online/ application may be reviewed or David P. Boergers. rims.htm (call 202–208–2222 for downloaded from the Fossil Energy Secretary. assistance). Home Page at: http://www.fe.doe.gov. David P. Boergers, Upon reaching the Fossil Energy Home [FR Doc. 99–5710 Filed 3–8–99; 8:45 am] Secretary. page, select ‘‘Regulatory Programs,’’ BILLING CODE 6717±01±M then ‘‘Electricity Regulations,’’ and then [FR Doc. 99–5705 Filed 3–8–99; 8:45 am] ‘‘Pending Proceedings’’ from the options BILLING CODE 6717±01±M menus. DEPARTMENT OF ENERGY Issued in Washington, D. C., on March 4, Federal Energy Regulatory DEPARTMENT OF ENERGY 1999. Commission Anthony J. Como, Federal Energy Regulatory [Docket No. RP99±235±000] Manager, Electric Power Regulation, Office Commission of Coal & Power Im/Ex, Office of Fossil ANR Pipeline Company; Notice of [Docket No. RP99±236±000] Energy. Proposed Changes in FERC Gas Tariff [FR Doc. 99–5759 Filed 3–8–99; 8:45 am] ANR Pipeline Company; Notice of BILLING CODE 6450±01±P March 3, 1999. Proposed Changes in FERC Gas Tariff Take notice that on February 26, 1999, ANR Pipeline Company (ANR) tendered March 3, 1999. DEPARTMENT OF ENERGY for filing, as part of its FERC Gas Tariff, Take notice that, on February 26, Second Revised Volume No. 1, the 1999, ANR Pipeline Company (ANR) Federal Energy Regulatory following tariff sheets proposed to tendered for filing as part of its FERC Commission become effective March 1, 1999: Gas Tariff, Second Revised Volume No. 1, the following revised tariff sheet, [Docket No. RP99±240±000] Thirty-Sixth Revised Sheet No. 8 Thirty-Sixth Revised Sheet No. 9 proposed to become effective March 1, Dynegy Midstream Pipeline, Inc.; Thirty-Fifth Revised Sheet No. 13 1999: Notice of Negotiated Rate Filing Forty-Second Revised Sheet No. 18 Forty-Third Revised Sheet No. 18 March 3, 1999. ANR states that the above-referenced ANR states that the above-referenced Take notice that on February 26, 1999, tariff sheets are being filed to implement tariff sheet is being filed to implement Dynegy Midstream Pipeline, Inc. (DMP recovery of approximately $2.5 million the annual reconciliation of the recovery formerly Warren Transportation, Inc.), of above-market costs that are associated of its Above-Market Dakota Costs, as pursuant to Section 3.6 of its FTS Rate with its obligations to Dakota required by its tariff recovery Schedule, filed a negotiated rate Gasification Company (Dakota). ANR mechanism. ANR advises that the filing agreement with Kansas Gas Service proposes a reservation surcharge proposes a reservation surcharge Company for service under DMP’s FTS applicable to its Part 284 firm adjustment of $0.017 applicable to its Rate Schedule. DMP requests an April 1, transportation customers to collect currently effective, firm service Rate 1999 effective date for the agreement. ninety percent (90%) of the Dakota Schedules. This surcharge is proposed DMP states that the agreement costs, and an adjustment to the to recover from ANR’s customers, over provides for a volumetric rate service to maximum base tariff rates of Rate the twelve month period of March 1, specific delivery points where Kansas Schedule ITS and overrun rates 1999 to February 29, 2000, the $1.0 Gas Service provides residential service applicable to Rate Schedule FTS–2, so million of Above-Market Dakota Cost to customers on the DMP system. DMP as to recover the remaining ten percent undercollections, inclusive of interest, states that the volumetric rate is the (10%). ANR also advises that the which are reflected in the filing. maximum interruptible transportation proposed changes would decrease Any person desiring to be heard or to rate plus applicable surcharges and fuel. current quarterly Above-Market Dakota protest said filing should file a motion

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11459 to intervene or a protest with the 20426, in accordance with Sections web at http://www.ferc.fed.us/online/ Federal Energy Regulatory Commission, 385.214 or 385.211 of the Commission’s rims.htm (call 202–208–2222 for 888 First Street, NE, Washington, DC Rules and Regulations. All such motions assistance). 20426, in accordance with Sections or protests must be filed in accordance David P. Boergers, 385.214 or 385.211 of the Commission’s with Section 154.210 of the Secretary. Rules and Regulations. All such motions Commission’s Regulations. Protests will [FR Doc. 99–5701 Filed 3–8–99; 8:45 am] be considered by the Commission in or protests must be filed in accordance BILLING CODE 6717±01±M with Section 154.210 of the determining the appropriate action to be Commission’s Regulations. Protests will taken, but will not serve to make be considered by the Commission in protestants parties to the proceedings. DEPARTMENT OF ENERGY determining the appropriate action to be Any person wishing to become a party taken, but will not serve to make must file a motion to intervene. Copies Federal Energy Regulatory protestants parties to the proceedings. of this filing are on file with the Commission Commission and are available for public Any person wishing to become a party [Docket No. TM99±2±21±000] must file a motion to intervene. Copies inspection in the Public Reference of this filing are on file with the Room. This filing may be viewed on the Columbia Gas Transmission Commission and are available for public web at http://www.ferc.fed.us/online/ Corporation; Notice of Proposed inspection in the Public Reference rims.htm (call 202–208–2222 for Changes in FERC Gas Tariff Room. This filing may be viewed on the assistance). web at http://www.ferce.fed.us/online/ David P. Boergers, March 3, 1999. rims.htm (call 202–208–2222 for Secretary. Take notice that on March 1, 1999, assistance). [FR Doc 99–5699 Filed 3–8–99; 8:45 am] Columbia Gas Transmission Corporation David P. Boergers, BILLING CODE 6717±01±M (Columbia) tendered for filing as part of Secretary. its FERC Gas Tariff, Second Revised Volume No. 1, the following revised [FR Doc. 99–5706 Filed 3–8–99; 8:45 am] DEPARTMENT OF ENERGY tariff sheet, with a proposed effective BILLING CODE 6717±01±M date of April 1, 1999: Federal Energy Regulatory Seventh Revised Sheet No. 44 Commission DEPARTMENT OF ENERGY Columbia states that it submits its [Docket No. TM99±5±32±000] annual filing pursuant to the provisions Federal Energy Regulatory of Section 35, ‘‘Retainage Adjustment Commission Colorado Interstate Gas Company; Mechanism (RAM),’’ of the General Notice of Tariff Filing [Docket No. TM99±3±22±000] Terms and Conditions (GTC) of its March 3, 1999. Tariff. Seventh Revised Sheet No. 44 CNG Transmission Corporation; Notice Take notice that, on February 26, sets forth the retainage factors of Proposed Changes in FERC Gas 1999, Colorado Interstate Gas Company applicable to Columbia’s transportation, Tariff (CIG) tendered for filing as part of its storage, processing and gathering services, as revised by this filing. March 3, 1999. FERC Gas Tariff, First Revised Volume No. 1, Eleventh Revised Sheet No. 11A, In addition, Columbia states that it Take notice that on March 1, 1999, has included in its transmittal letter the CNG Transmission Corporation (CNG), reflecting an increase in its Fuel reimbursement percentage for Lost, first semi-annual report it agreed to tendered for filing as part of its FERC provide as part of its interim proposal Gas Tariff, Second Revised Volume No. Unaccounted-For and Other Fuel Gas from 1.17% to 1.32% effective April 1, concerning MarkWest Hydrocarbon, Inc. 1, the following tariff sheets: 1999. and the 650,000 Dth annual quantity Twenty-First Revised Sheet No. 31 CIG states that copies of this filing pursuant to Columbia Gas Transmission Forty-Sixth Revised Sheet No. 32 have been served on CIG’s jurisdictional Corp., 84 FERC (61,221 (1998) in Docket Eighteenth Revised Sheet No. 34 customers and public bodies. No. TM98–2–21. Twenty-First Revised Sheet No. 35 Any person desiring to be heard or to Columbia states that copies of its CNG requests an effective date of protest said filing should file a motion filing have been mailed to all firm April 1, 1999 for these sheets. CNG to intervene or a protest with the customers, interruptible customers, states that the purpose of this filing is Federal Energy Regulatory Commission, affected state commissions and parties to update both CNG’s effective 888 First Street, N.E., Washington, D.C. on the official service list in Docket No. Transportation Cost Rate Adjustment 20426, in accordance with Sections TM98–2–21. (TCRA) and its Electric Power Cost 385.214 or 385.211 of the Commission’s Any person desiring to be heard or to Adjustment (EPCA). The effect of the Rules and Regulations. All such motions protest said filing should file a motion proposed TCRA, including the EPCA, or protests must be filed in accordance to intervene or a protest with the on each element of CNG’s rates is with Section 154.210 of the Federal Energy Regulatory Commission, summarized in workpapers that are Commission’s Regulations. Protests will 888 First Street, NE, Washington, DC attached to the filing. be considered by the Commission in 20426, in accordance with Sections CNG states that copies of its letter of determining the appropriate action to be 385.214 or 385.211 of the Commission’s transmittal and enclosures are being taken, but will not serve to make Rules and Regulations. All such motions mailed to its customers and interested protestants parties to the proceedings. or protests must be filed in accordance state commissions. Any person wishing to become a party with Section 154.210 of the Any person desiring to be heard or to must file a motion to intervene. Copies Commission’s Regulations. Protests will protest said filing should file a motion of this filing are on file with the be considered by the Commission in to intervene or a protest with the Commission and are available for public determining the appropriate action to be Federal Energy Regulatory Commission, inspection in the Public Reference taken, but will not serve to make 888 First Street, N.E., Washington, D.C. Room. This filing may be viewed on the protestants parties to the proceedings.

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Any person wishing to become a party or protests must be filed in accordance customers, interruptible customers, and must file a motion to intervene. Copies with Section 154.210 of the affected state commissions. of this filing are on file with the Commission’s Regulations. Protests will Any person desiring to be heard or to Commission and are available for public be considered by the Commission in protest said filing should file a motion inspection in the Public Reference determining the appropriate action to be to intervene or a protest with the Room. This filing may be viewed on the taken, but will not serve to make Federal Energy Regulatory Commission, web at http://www.ferc.fed.us/online/ protestants parties to the proceedings. 888 First Street, N.E., Washington, D.C. rims.htm (call 202–208–2222 for Any person wishing to become a party 20426, in accordance with Sections assistance). must file a motion to intervene. Copies 385.214 or 385.211 of the Commission’s David P. Boergers, of this filing are on file with the Rules and Regulations. All such motions Secretary. Commission and are available for public or protests must be filed in accordance [FR Doc. 99–5696, Filed 3–8–99; 8:45 am] inspection in the Public Reference with Section 154.210 of the Commission’s Regulations. Protests will BILLING CODE 6717±01±M Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ be considered by the Commission in rims.htm (call 202–208–2222 for determining the appropriate action to be DEPARTMENT OF ENERGY assistance). taken, but will not serve to make David P. Boergers, protestants parties to the proceedings. Federal Energy Regulatory Secretary. Any person wishing to become a party Commission [FR Doc. 99–5698 Filed 3–8–99; 8:45 am] must file a motion to intervene. Copies of this filing are on file with the BILLING CODE 6717±01±M [Docket No. TM99±3±21±000] Commission and are available for public Columbia Gas Transmission inspection in the Public Reference Corporation; Notice of Proposed DEPARTMENT OF ENERGY Room. This filing may be viewed on the Changes in FERC Gas Tariff web at http://www.ferc.fed.us/online/ Federal Energy Regulatory rims.htm (call 202–208–2222 for March 3, 1999. Commission assistance). Take notice that on March 1, 1999, David P. Boergers Columbia Gas Transmission Corporation [Docket No. RP99±242±000] Secretary. (Columbia), tendered for filing as part of [FR Doc. 99–5712 Filed 3–8–99; 8:45 am] its FERC Gas Tariff, Second Revised Columbia Gas Transmission BILLING CODE 6717±01±M Volume No. 1, the following revised Corporation; Notice of Proposed tariff sheets with a proposed effective Changes in FERC Gas Tariff date of April 1, 1999: DEPARTMENT OF ENERGY March 3, 1999. Thirty-fourth Revised Sheet No. 25 Thirty-fourth Revised Sheet No. 26 Take notice that on March 1, 1999, Federal Energy Regulatory Thirty-fourth Revised Sheet No. 27 Columbia Gas Transmission Corporation Commission (Columbia), tendered for filing as part of Thirty-second Revised Sheet No. 28 [Docket No. RP99±246±000] Eighteenth Revised Sheet No. 30 its FERC Gas Tariff, Second Revised Fourteenth Revised Sheet No. 31 Volume No. 1, the following revised Columbia Gulf Transmission Columbia states that these revised tariff sheets with a proposed effective Company; Notice of Proposed tariff sheets are filed pursuant to Section date of April 1, 1999: Changes in FERC Gas Tariff 45, Electric Power Costs Adjustments Thirty-fifth Revised Sheet No. 25 (EPCA), of the General Terms and Thirty-fifth Revised Sheet No. 26 March 3, 1999. Conditions (GTC) of Columbia’s FERC Thirty-fifth Revised Sheet No. 27 Take notice that on March 1, 1999, Gas Tariff, Second Revised Volume No. Thirty-fifth Revised Sheet No. 28 Columbia Gulf Transmission Company 1. Columbia states that Section 45.2 Columbia states that this filing (Columbia Gulf) tendered for filing as provides that Columbia may file, to be comprises Columbia’s annual filing part of its FERC Gas Tariff, Second effective each April 1, to adjust its pursuant to Section 36.2 of the General Revised Volume No. 1, the following electric power costs, thereby allowing Terms and Conditions (GTC) of its revised tariff sheets, with a proposed for the recovery of current EPCA costs Tariff. GTC Section 36, ‘‘Transportation effective date of April 1, 1999: and the EPCA surcharge. Costs Rate Adjustment (TCRA),’’ enables Twenty-first Revised Sheet No. 18 Columbia states that these revised Columbia to adjust its TCRA rates Eleven Revised Sheet No. 18A tariff sheets are being filed to reflect prospectively to reflect estimated Twenty-second Revised Sheet No. 19 adjustments to Columbia’s current costs current costs and unrecovered amounts Columbia Gulf states that this filing for electric power for the twelve-month for the deferral period. The TCRA rates represents Columbia Gulf’s annual filing period beginning April 1, 1999. consist of a current TCRA rate, pursuant to the provisions of Section 33, Columbia states that copies of its reflecting an estimate of costs for a ‘‘Transportation Retainage Adjustment filing have been mailed to all firm prospective 12-month period, and a (TRA),’’ of the General Terms and customers, interruptible customers, and TCRA surcharge rate, which is a true-up Conditions (‘‘GTC’’) of its Tariff. affected state commissions. for actual activity within the deferral Columbia Gulf states that the tariff Any person desiring to be heard or to period. In this filing, the TCRA rate sheets listed above set forth the protest said filing should file a motion consists of a Current Operational TCRA transportation retainage factors as a to intervene or a protest with the Rate an Operational TCRA Surcharge to result of this filing. GTC Section 33.2 Federal Energy Regulatory Commission, recover the unrecovered amounts for the enables Columbia Gulf to state retainage 888 First Street, NE, Washington, DC deferral period pursuant to GTC Section factors for its rate zones, which factors 20426, in accordance with Sections 36.4(a). consist of a current and an over/under 385.214 or 385.211 of the Commission’s Columbia states that copies of its recovered component. Pursuant to GTC Rules and Regulations. All such motions filing have been mailed to all firm Section 33.4(a), the current component

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11461 reflects the estimate of total company- DEPARTMENT OF ENERGY appropriate action to be taken but will use, lost, and unaccounted-for not serve to make protestants parties to quantities required during the 12-month Federal Energy Regulatory the proceeding. Any person wishing to period commencing, in an annual filing Commission become a party to a proceeding or to such as this, on April 1. Pursuant to [Docket No. CP98±238±002] participate as a party in any hearing GTC Section 33.4(b) the over/under therein must file a motion to intervene recovered component reflects the Destin Pipeline Company, L.L.C.; in accordance with the Commission’s reconciliation of ‘‘actual’’ company-use, Notice of Waiver Request rules. David P. Boergers, lost, and unaccounted-for quantities March 3, 1999. Acting Secretary. with quantities actually retained by Take notice that on February 26, 1999, [FR Doc. 99–5703 Filed 3–8–99; 8:45 am] Columbia Gulf for the preceding Destin Pipeline company, L.L.C. calendar year; i.e., the deferral period. (Destin), P.O. Box 2563, Birmingham, BILLING CODE 6717±01±M The deferral period for this annual Alabama 35202–2563, filed in Docket filing is the preceding calendar year No. CP98–238–002 a request pursuant to DEPARTMENT OF ENERGY being January 1, 1998 through December Section 157.208(g) of the Commission’s 31, 1998. Appendix A sets forth Regulations for waiver of the prior Federal Energy Regulatory Columbia Gulf’s actual experience notice blanket certificate cost Commission limitations associated with its CNG during the deferral period. As reflected [Docket No. TM99±2±131±000] therein, Columbia Gulf was in a net Lateral Project authorized in Docket No. CP98–238–000, all as more fully set under-recovery positions as of KO Transmission Company; Notice of forth in the request that is on file with December 31, 1998. Consequently, in Tariff Filing the Commission and open to public this filing Columbia Gulf is inspection. This filing may be viewed March 3, 1999. implementing an under-recovered on the web at http://www.ferc.fed.us/ Take notice that on March 1, 1999, surcharge component for each of the online/rims.htm (call 202–208–2222 for KO Transmission Company (KO retainage factors to increase future assistance). Transmission) tendered for filing as part quantities to be retained. Specifically, Destin requests, pursuant of its FERC Gas Tariff, Original Volume Columbia Gulf states that copies of its to Section 157.208(g) of the No. 1, the following tariff sheet, bearing filing have been mailed to all firm Commission’s Regulations, that the a proposed effective date of April 1, customers, interruptible customers, and Director of the Office of Pipeline and 1999: affected state commissions. Producer Regulation (Director) waive the project cost limitations of Sections Sixth Revised Sheet No. 10 Any person desiring to be heard or to 157.208(b) and (d) associated with the KO Transmission states that the protest said filing should file a motion construction of its CNG Lateral Project purpose of the filing is to revise its fuel to intervene or a protest with the authorized in Docket No. CP98–238– retainage percentage consistent with Federal Energy Regulatory Commission, 000, 83 FERC ¶ 61,308, (1998). Destin Section 24 of the General Terms and 888 First Street, N.E., Washington, D.C. states that the costs for the CNG Lateral Conditions of its Tariff. According to 20426, in accordance with Sections Project exceeded the 1998 cost limit of KO Transmission, Columbia Gas 385.214 or 385.211 of the Commission’s $19.6 million for blanket certificate Transmission Corporation (Columbia) Rules and Regulations. All such motions prior notice projects, and that such operates and maintains a portion of KO or protests must be filed in accordance waiver request is mandated under the Transmission facilities pursuant to the with Section 154.210 of the Commission’s regulations. Destin states Operating Agreement referenced in its Commission’s Regulations. Protests will that the costs related to the CNG Lateral Tariff at Original Sheet No. 7. Pursuant be considered by the Commission in Project were originally projected to total to that Operating Agreement, Columbia determining the appropriate action to be $19.0 million, but that, due to a series retains certain volumes associated with taken, but will not serve to make of unforeseen and unanticipated events, gas transported on behalf of KO protestants parties to the proceedings. the actual total cost related to the CNG Transmission. On February 25, 1999, Any person wishing to become a party Lateral Project if $35.1 million. Destin Columbia notified KO Transmission that must file a motion to intervene. Copies also states that if the Director believes under terms of the Operating of this filing are on file with the that a waiver would not be appropriate, Agreement, KO Transmission will be it requests that the Commission convert subject to a 0.57% retainage. Commission and are available for public its blanket certificate authorization for Accordingly, KO Transmission states inspection in the Public Reference the CNG Lateral Project to a case that the instant filing tracks this fuel Room. This filing may be viewed on the specific Section 7(c) certificate. retainage. web at http://www.ferc.fed.us/online/ Any person desiring to be heard or to Any person desiring to be heard or to rims.htm (call 202–208–222 for make any protest with reference to said protest said filing should file a motion assistance). application should on or before March to intervene or a protest with the David P. Boergers, 24, 1998, file with the Federal Energy Federal Energy Regulatory Commission, Secretary. Regulatory Commission, 888 First 888 First Street, N.E., Washington, D.C. [FR Doc. 99–5691 Filed 3–8–99; 8:45 am] Street, N.E., Washington, D.C. 20426, a 20426, in accordance with Sections BILLING CODE 6717±01±M motion to intervene or a protest in 385.214 or 385.211 of the Commission’s accordance with the requirements of the Rules and Regulations. All such motions Commission’s Rules of Practice and or protests must be filed in accordance Procedure (18 CFR 385.214 or 385.211) with § 154.210 of the Commission’s and the Regulations under the Natural Regulations. Protests will be considered Gas Act (18 CFR 157.10). All protests by the Commission in determining the filed with the Commission will be appropriate action to be taken, but will considered by it in determining the not serve to make protestants parties to

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11462 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices the proceedings. Any person wishing to www.ferc.fed.us/online/rims.htm (call Commission and are available for public become a party must file a motion to 202–208–2222 for assistance). inspection in the Public Reference intervene. Copies of this filing are on Linwood A. Watson, Jr., Room. This filing may be viewed on the file with the Commission and are Acting Secretary. web at http://www.ferc.fed.us/online/ available for public inspection in the [FR Doc. 99–5739 Filed 3–8–99; 8:45 am] rims.htm (call 202–208–2222 for Public Reference Room. This filing may BILLING CODE 6717±01±M assistance). be viewed on the web at http:// David P. Boergers, www.ferc.fed.us/online/rims.htm (call Secretary. 202–208–222 for assistance). DEPARTMENT OF ENERGY [FR Doc. 99–5702 Filed 3–8–99; 8:45 am] David P. Boergers, BILLING CODE 6717±01±M Secretary. Federal Energy Regulatory [FR Doc. 99–5738 Filed 3–8–99; 8:45 am] Commission BILLING CODE 6717±01±M [Docket No. TM99±3±28±000] DEPARTMENT OF ENERGY

Panhandle Eastern Pipe Line Federal Energy Regulatory DEPARTMENT OF ENERGY Company; Notice of Proposed Commission Changes in FERC Gas Tariff Federal Energy Regulatory [Docket No. RP99±248±000] Commission March 3, 1999. PG&E Gas Transmission, Northwest [Docket No. ER99±2027±000] Take notice that on March 1, 1999, Corporation; Notice of Tariff Filing Panhandle Eastern Pipe Line Company Milford Power Limited Partnership; (Panhandle) tendered for filing as part of March 3, 1999. Notice of Filing its FERC Gas Tariff, First Revised Take notice that on March 1, 1999, Volume No. 1, the tariff sheets listed on PG&E Gas Transmission, Northwest March 3, 1999. Appendix A to the filing, to become Corporation (PG&E GT–NW) tendered Take notice that on March 2, 1999, effective April 1, 1999. for filing as part of its FERC Gas Tariff, Milford Power Limited Partnership Panhandle states that this filing is First Revised Volume No. 1–A, the (Milford), tendered for filing a revised made in accordance with Section 24 following tariff sheets, with an effective rate schedule and request for certain (Fuel Reimbursement Adjustment) of date of April 1, 1999: waivers and authorizations under the General Terms and Conditions in Third Revised Sheet No. 15 various regulations of the Federal Panhandle’s FERC Gas Tariff, First Energy Regulatory Commission (the Fourth Revised Sheet No. 16B Revised Volume No. 1. The revised tariff Fifth Revised Sheet No. 17 Commission), and for an order accepting sheets filed herewith reflect the Third Revised Sheet No. 54A its proposed rate schedule governing the following changes to Fuel Original Revised Sheet No. 54B sale to wholesale purchasers of capacity Reimbursement Percentages: Fourth Revised Sheet No. 81 and energy. (1) No change in the Gathering Fuel Second Revised Sheet No. 81.01 Milford has requested that the Reimbursement Percentage; Original Revised Sheet No. 81.01a Commission establish an effective date (2) a (0.01%) decrease in the Field Fourth Revised Sheet No. 81C of April 1, 1999, for the rate schedule. Zone Fuel Reimbursement Percentage; Third Revised Sheet No. 119 Milford also has submitted, pursuant to (3) a (0.08%) decrease in the Market Third Revised Sheet No. 120 the proposed rate schedule, a long-term Zone Fuel Reimbursement Percentage; Third Revised Sheet No. 121 power purchase agreement for the sale (4) No change in the Injection and in PG&E GT–NW asserts that the of capacity and energy from its electric the Withdrawal Field Area Storage purpose of this filing is to clarify certain generating plant in Milford, Reimbursement Percentages; and issues with respect to firm service Massachusetts. (5) No change in the Injection and in priorities on PG&E GT–NW’s system, A copy of the filing was served upon the Withdrawal Market Area Storage particularly with respect to firm the Massachusetts Department of Public Reimbursement Percentages. backhaul service. Utilities. Panhandle further states that copies of PG&E GT–NW further states that a Any person desiring to be heard or to this filing are being served on all copy of this filing has been served on protest such filing should file a motion affected customers and applicable state PG&E GT–NW’s jurisdictional to intervene or protest with the Federal regulatory agencies. customers and interested state Energy Regulatory Commission, 888 Any person desiring to be heard or to regulatory agencies. First Street, N.E., Washington, D.C. protest said filing should file a motion Any person desiring to be heard or to 20426, in accordance with Rules 211 to intervene or a protest with the protest said filing should file a motion and 214 of the Commission’s Rules of Federal Energy Regulatory Commission, to intervene or a protest with the Practice and Procedure (18 CFR 385.211 888 First Street, NE, Washington, DC Federal Energy Regulatory Commission, and 385.214). All such motions and 20426, in accordance with Sections 888 First Street, N.E., Washington, D.C. protests should be filed on or before 385.214 or 385.211 of the Commission’s 20426, in accordance with Sections March 12, 1999. Protests will be Rules and Regulations. All such motions 385.214 or 385.211 of the Commission’s considered by the Commission to or protests must be filed in accordance Rules and Regulations. All such motions determine the appropriate action to be with Section 154.210 of the or protests must be filed in accordance taken, but will not serve to make Commission’s Regulations. Protests will with Section 154.210 of the protestants parties to the proceedings. be considered by the Commission in Commission’s Regulations. Protests will Any person wishing to become a party determining the appropriate action to be be considered by the Commission in must file a motion to intervene. Copies taken, but will not serve to make determining the appropriate action to be of this filing are on file with the protestants parties to the proceedings. taken, but will not serve to make Commission and are available for public Any person wishing to become a party protestants parties to the proceedings. inspection. This filing may also be must file a motion to intervene. Copies Any person wishing to become a party viewed on the Internet at http:// of this filing are on file with the must file a motion to intervene. Copies

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11463 of this filing are on file with the rims.htm (call 202–208–2222 for determining the appropriate action to be Commission and are available for public assistance). taken, but will not serve to make inspection in the Public Reference David P. Boergers, protestants parties to the proceedings. Room. This filing may be viewed on the Secretary. Any person wishing to become a party web at http://www.ferc.fed.us/online/ [FR Doc. 99–5692 Filed 3–8–99; 8:45 am] must file a motion to intervene. Copies rims.htm (call 202–208–2222 for BILLING CODE 6717±01±M of this filing are on file with the assistance). Commission and are available for public David P. Boergers, inspection in the Public Reference Secretary. DEPARTMENT OF ENERGY Room. This filing may be viewed on the [FR Doc. 99–5693 Filed 3–8–99; 8:45 am] web at http://www.ferc.fed.us/online/ Federal Energy Regulatory BILLING CODE 6717±01±M rims.htm (call 202–208–2222 for Commission assistance). [Docket No. RP99±238±000] David P. Boergers, DEPARTMENT OF ENERGY Secretary. Sea Robin Pipeline Company; Notice [FR Doc. 99–5708 Filed 3–8–99; 8:45 am] Federal Energy Regulatory of Proposed Changes to FERC Gas BILLING CODE 6717±01±M Commission Tariff

[Docket No. RP99±247±000] March 3, 1999. DEPARTMENT OF ENERGY Take notice that on February 26, 1999, Reliant Energy Gas Transmission Sea Robin Pipeline Company (Sea Federal Energy Regulatory Company; Notice of Filing Robin) tendered for filing as part of its Commission FERC Gas Tariff, First Revised Volume March 3, 1999. No. 1, the following tariff sheets to [Docket No. CP99±222±000] Take notice that on March 1, 1999, become effective April 1, 1999: Reliant Energy Gas Transmission Shenandoah Gas Company; Notice of Company (REGT) tendered for filing as Fourth Revised Sheet No. 2 Application for Abandonment part of its FERC Gas Tariff, Fourth Fifth Revised Sheet No. 95 Second Revised Sheet No. 106 March 3, 1999. Revised Volume No. 1, the following First Revised Sheet No. 130e Take notice that on February 22, 1999, revised tariff sheets to become effective First Revised Sheet No. 130g April 1, 1999: Shenandoah Gas Company First Revised Sheet No. 130l (Shenandoah), P.O. Box 2400, Sixteenth Revised Sheet No. 5 Sea Robin states that the purpose of Winchester, Virginia 22604 filed an Fifteenth Revised Sheet No. 6 this filing is to revise the tariff with application pursuant to Section 7(b) of REGT states that the revised tariff respect to the types of rate discounts the Natural Gas Act (NGA) and Part 157 sheets are filed in compliance with the that may be granted by Sea Robin of the Commission’s Regulations Stipulation and Agreement (Settlement) without having to file a shipper’s requesting permission to abandon its approved by Commission order in individual Service Agreement. Such certificated facilities in West Virginia by Docket No. RP91–149 on March 31, filing is consistent with filings made by sale to Mountaineer Gas Company 1992. Arkla Energy Resources, a other pipelines in response to the (Mountaineer), all as more fully set forth division of Arkla, Inc. 58 FERC ¶ 61,359 Commission’s Order in Natural Gas in the application which is on file with (1992). REGT’s March 1, 1999 filing is Pipeline Company of America, 82 FERC the Commission and open to public its seventh annual filing pursuant to the 61,298 (1998). Sea Robin has requested inspection. This filing may be viewed Settlement, and it proposes to continue that these sheets be made effective as of on the web at http://www.ferc.fed.us/ the currently effective rate for the CSC April 1, 1999. online/rims.htm (call 202–208–2222 for Charge as provided in the settlement, at Sea Robin states that copies of the assistance). $0.03 per MMBtu. filing will be served upon its shippers Shenandoah states that it is engaged Any person desiring to be heard or to and interested state commissions. in the distribution of natural gas for protest said filing should file a motion Sea Robin has also made a change to residential, commercial, and industrial to intervene or a protest with the its Rate Schedule FTS–2 to limit the use in portions of Virginia and West Federal Energy Regulatory Commission, frequency of times a shipper can change Virginia. Shenandoah’s service area in 888 First Street, NE., Washington, DC its MDQ on six months prior notice Virginia includes Clarke, Frederick, 20426, in accordance with Sections under Section 3(d). Under the proposed Shenandoah, and Warren Counties, the 385.214 or 385.211 of the Commission’s tariff language, shippers cannot make a City of Winchester and the Towns of Rules and Regulations. All such motions subsequent prior notice change in MDQ Berryville, Middletown, New Market, or protests must be filed in accordance until the previous change becomes Stephens City, Strasburg, and with Section 154.210 of the effective. Woodstock. Shenandoah’s West Virginia Commission’s Regulations. Protests will Any person desiring to be heard or to service area includes Berkeley County, a be considered by the Commission in protest said filing should file a motion portion of Jefferson County abutting determining the appropriate action to be to intervene or a protest with the Berkeley County and the City of taken, but will not serve to make Federal Energy Regulatory Commission, Martinsburg. It is stated that the rates protestants parties to the proceedings. 888 First Street, NE., Washington, DC and terms and conditions of service Any person wishing to become a party 20426, in accordance with Sections Shenandoah provides to customers in must file a motion to intervene. Copies 385.214 or 385.211 of the Commission’s its Virginia service area are regulated by of this filing are on file with the Rules and Regulations. All such motions the Virginia State Corporation Commission and are available for public or protests must be filed in accordance Commission (Virginia SCC). The West inspection in the Public Reference with Section 154.210 of the Virginia Public Service Commission Room. This filing may be viewed on the Commission’s Regulations. Protests will (West Virginia PSC) regulates the rates web at http://www.ferc.fed.us/online/ be considered by the Commission in and terms and conditions of service

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Shenandoah provides to customers in ¶ 61,108 (1988). Shenandoah states that Shenandoah’s service area will be its West Virginia service area. it will provide firm interstate reduced, as it will no longer provide Shenandoah states that it receives transportation service on behalf of retail service in West Virginia. However, natural gas in the northern portion of its Mountaineer under its blanket Shenandoah states that it will continue system through two interconnections certificate. to provide local distribution service to with Columbia Gas Transmission Pursuant to a November 22, 1998 its customers in Virginia. Shenandoah Corporation (Columbia) at Columbia’s Asset Purchase and Sale Agreement will also provide a firm interstate Nineveh and Cedar Creek Gate Stations (Agreement), Shenandoah will sell to transportation service to Mountaineer, in Warren County, Virginia. From the Mountaineer all of its natural gas subject to the Commission’s regulation, Cedar Creek Gate Station, Shenandoah transmission and distribution facilities delivering gas supplies on behalf of states that it transports gas through its located in West Virginia, including Mountaineer at the West Virginia original 6-inch transmission pipeline facilities that were previously border. Shenandoah states that any that extends northeast to the City of certificated under NGA section 7(c). further expansion or modification of its Martinsburg, West Virginia.1 Shenandoah states that Mountaineer is facilities related to providing firm Shenandoah states that under normal a local distribution company providing interstate transmission service for operating conditions, gas received from public utility gas service in West deliveries into West Virginia would be Columbia at the Cedar Creek Gate Virginia, subject to regulation by the subject to NGA section 7 requirements. Station is used to serve markets in West Virginia PSC. Shenandoah further Shenandoah states that if the communities adjacent to the pipeline in states that Mountaineer will dedicate Commission determines it to be Virginia and in the City of Winchester, the transferred facilities to providing appropriate, Shenandoah will retain its retail service to Shenandoah’s former Virginia. From the Nineveh Gate current service area determination West Virginia customers. Station, located approximately 6.5 miles under Section 7(f) of the NGA. east of the Cedar Creek Gate Station, Currently, the only source of gas Any person desiring to be heard or to Shenandoah states that it transports gas supply to serve customers in make any protest with reference to said through its 12-inch transmission Shenandoah’s service territory in West application should on or before March pipeline which extends north and Virginia is through Shenandoah’s converges with the original 6-inch interconnections with Columbia in 24, 1999, file with the Federal Energy transmission pipeline at the Clearbrook Warren County, Virginia. Shenandoah Regulatory Commission, 888 First Regulator Station in Frederick County, states that under the terms of the Street, NE, Washington, DC 20426, a Virginia.2 At the Clearbrook Regulator Agreement it will provide a firm motion to intervene or a protest in Station, under normal operating interstate transportation service on accordance with the requirements of the behalf of Mountaineer, receiving gas in conditions, gas from the 12-inch Commission’s Rules of Practice and Virginia and redelivering up to 16,000 transmission pipeline enters into the Procedure (18 CFR 385.214 or 385.211) dekatherms per day to Mountaineer at original 6-inch transmission pipeline and the Regulations under the Natural the West Virginia border. It is stated that and flows south to reinforce deliveries Gas Act (18 CFR 157.10). All protests the Agreement also provides for to Shenandoah’s markets in Virginia filed with the Commission will be Shenandoah to assign to Mountaineer, and north to serve Shenandoah’s considered by it in determining the subject to consent of Columbia and markets in West Virginia. Shenandoah appropriate action to be taken but will Columbia Gulf Transmission Company, states that, if necessary, gas received not serve to make the protestants parties upstream Rate Schedule FTS, FSS, and from Columbia at the Cedar Creek Gate to the proceeding. Any person wishing SST entitlements used to serve to become a party to a proceeding or to Station can flow north into West Shenandoah’s West Virginia customers. Virginia. participate as a party in any hearing It is stated that, under the terms therein must file a motion to intervene Shenandoah operates various applicable to the Part 284 transportation facilities under Section 7(c) of the NGA in accordance with the Commission’s service Shenandoah intends to provide, Rules. and also received a service area Mountaineer may arrange for the Take further notice that, pursuant to determination under Section 7(f) of the transportation of its own gas supplies, the authority contained in and subject to NGA, 16 FERC ¶ 61,087 (1981). It is act as agent for any of its customers jurisdiction conferred upon the Federal stated that this service area includes desiring such service, or release Energy Regulatory Commission by Clarke, Frederick, Shenandoah, and capacity to existing transportation Sections 7 and 15 of the Natural Gas Act Warren Counties (excluding certain customers in West Virginia, as requested and the Commission’s Rules of Practice areas in Shenandoah County) and the by such customers, or any others on an and Procedure, a hearing will be held City of Winchester and other as available basis. Shenandoah states with further notice before the communities in Virginia. In West that it will provide the firm Commission or its designee on this Virginia, the service area includes transportation service for an initial term application if no motion to intervene is Berkeley County, a portion of Jefferson of five years. It further states that the filed within the time required herein, or County abutting Berkeley County and service may be canceled thereafter by if the Commission on its own review of the City of Martinsburg. Shenandoah either party after two years notice given the matter finds that permission and also received a blanket transportation after the expiration of the initial term. certificate under Part 284 of the After abandonment of its certificated approval for the proposed abandonment Commission’s regulations to conduct facilities in West Virginia, Shenandoah are required by the public convenience activities to the same extent as intrastate will retain transmission facilities and necessity. If a motion for leave to pipelines under Section 311 of the located in Virginia which will be intervene is timely filed, or if the Natural Gas Policy Act of 1978, 44 FERC dedicated, in part, to providing firm Commission on its own motion believes interstate transmission service to that a formal hearing is required, further 1 Shenandoah states that it will retain the portion Mountaineer and its customers, as notice of such hearing will be duly of this pipeline that is in Virginia. given. 2 Shenandoah states that this pipeline is located requested by such customers. entirely in Virginia and will be retained by After the sale of Shenandoah’s West Under the procedure herein provided Shenandoah. Virginia utility assets to Mountaineer, for, unless otherwise advised, it will be

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. RP99±239±000] [Docket No. RP99±241±000] [Docket No. RP99±237±000] Southern Natural Gas Company; Notice of Cost Recovery Filing Southern Natural Gas Company; South Georgia Natural Gas Company; Notice of Proposed Changes to FERC Notice of Proposed Changes to FERC March 3, 1999. Gas Tariff Gas Tariff Take notice that on February 26, 1999, Southern Natural Gas Company March 3, 1999. March 3, 1999. (Southern) tendered for filing as part of Take notice that on February 26, 1999, Take notice that on February 26, 1999, its FERC Gas Tariff, Seventh Revised Southern Natural Gas Company South Georgia Natural Gas Company Volume No. 1, the following tariff sheets (Southern) tendered for filing as part of (South Georgia) tendered for filing as with the proposed effective date of April its FERC Gas Tariff, Seventh Revised part of its FERC Gas Tariff, Second 1, 1999: Volume No. 1, the following tariff sheets Revised Volume No. 1, the following Forty-Fifth Revised Sheet No. 14 to become effective April 1, 1999: tariff sheets to become effective April 1, Thirty-First Revised Sheet No. 14a Seventh Revised Sheet No. 2 Original Sheet 1999: Sixty-Sixth Revised Sheet No. 15 No. 212j Thirty-Seventh Revised Sheet No. 15a Third Revised Sheet No. 2 Forty-Fifth Revised Sheet No. 16 Southern states that the purpose of Original Sheet No. 98b Thirty-First Revised Sheet No. 16a this filing is to revise the tariff with Sixty-Sixth Revised Sheet No. 17 respect to the generic types of rate South Georgia states that the purpose Thirty-Seventh Revised Sheet No. 17a of this filing is to revise the tariff with discounts that may be granted by Southern sets forth in the filing its Southern without having to file an respect to the generic types of rate revised demand surcharges for the individual Service Agreement. discounts that may be granted by South recovery of Order No. 636 transition Southern states that copies of the Georgia without having to file an costs associated with Southern LNG Inc. individual Service Agreement. South filing will be served upon its shippers from the period November 1, 1998 and interested state commission. Georgia has requested that these sheets through January 31, 1999. These costs Any person desiring to be heard or to be made effective as of April 1, 1999. have arisen as a direct result of protest such filing should file a motion South Georgia states that copies of the restructuring under Order No. 636. to intervene or a protest with the Southern states that copies of the filing will be served upon its shippers Federal Energy Regulatory Commission, filing were served upon Southern’s and interested state commissions. 888 First Street, N.E., Washington, D.C. customers and interested state 20426, in accordance with Sections Any person desiring to be heard or to commissions. protest said filing should file a motion Any person desiring to be heard or to 385.214 or 385.211 of the Commission’s to intervene or a protest with the protest said filing should file a motion Rules and Regulations. All such motions Federal Energy Regulatory Commission, to intervene or a protest with the or and protests must filed in accordance 888 First Street, N.E., Washington, D.C. Federal Energy Regulatory Commission, with Section 154.210 of the 20426, in accordance with Sections 888 First Street, NE, Washington, DC Commission’s Regulations. Protests will 385.214 or 385.211 of the Commission’s 20426, in accordance with Sections be considered by the Commission in Rules and Regulations. All such motions 385.214 or 385.211 of the Commission’s determining the appropriate action to be or protests must be filed in accordance Rules and Regulations. All such motions taken, but will not serve to make with Section 154.210 of the or protests must be filed in accordance protestants parties to the proceedings. Commission’s Regulations. Protests will with Section 154.210 of the Any person wishing to become a party be considered by the Commission in Commission’s Regulations. Protests will must file a motion to intervene. Copies of this filing are on file with the determining the appropriate action to be be considered by the Commission in Commission and are available for public taken, but will not serve to make determining the appropriate action to be inspection in the Public Reference protestants parties to the proceedings. taken, but will not serve to make Room. This filing may be viewed on the Any person wishing to become a party protestants parties to the proceedings. Any person wishing to become a party web at http://www.ferc.fed.us/online/ must file a motion to intervene. Copies rims.htm (call 202–208–2222 for of this filing are on file with the must file a motion to intervene. Copies of this filing are on file with the assistance). Commission and are available for public David P. Boergers, inspection in the Public Reference Commission and are available for public Secretary. Room. This filing may be viewed on the inspection in the Public Reference [FR Doc. 99–5711 Filed 3–8–99; 8:45 am] web at http://www.ferc.fed.us/online/ Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY www.ferc.fed.us/online/rims.htm (call petition to intervene in accordance with 202–208–222 for assistance). the Commission’s Rules. Federal Energy Regulatory David P. Boergers, Take further notice that, pursuant to Commission Secretary. the authority contained in and subject to [FR Doc. 99–5689 Filed 3–8–99; 8:45 am] the jurisdiction conferred upon the Federal Energy Regulatory Commission [Docket Nos. RP99±244±000 and TM99±1± BILLING CODE 6717±01±M 106±000] by Sections 7 and 15 of the Natural Gas Act and the Commission’s Rules of Southwest Gas Storage Company; DEPARTMENT OF ENERGY Practice and Procedure, a hearing will Notice of Proposed Changes in FERC be held without further notice before the Gas Tariff Federal Energy Regulatory Commission on this application if no Commission petition to intervene is filed within the March 3, 1999. time required herein, and if the [Docket No. CP99±228±000] Take notice that on March 1, 1999, Commission on its own review of the matter finds that the abandonment is Southwest Gas Storage Company Tennessee Gas Pipeline Company; required by the public convenience and (Southwest) tendered for filing as part of Notice of Application necessity. If a petition for leave to its FERC Gas Tariff, Original Volume intervene is timely filed, or if the No. 1, the tariff sheets listed on March 3, 1999. Take notice that on February 26, 1999, Commission on its motion believes that Appendix A attached to the filing, a formal hearing is required, further proposed to be effective April 1, 1999. Tennessee Gas Pipeline Company (Applicant), P.O. Box 2511, Houston, notice of such hearing will be duly Southwest states that the purpose of Texas, 77252, filed in Docket No. CP99– given. this filing, made in accordance with 228–000 an abbreviated application Under the procedure herein provide Section 154.204 of the Commission’s pursuant to Section 7(b) of the Natural for, unless otherwise advised, it will be Regulations, is to establish a tariff Gas Act, as amended, and Sections unnecessary for Applicant to appear or provision to adjust for changes in fuel 157.7 and 157.18 of the Federal Energy be represented at the hearing. use for Rate Schedules FSS and ISS. In Regulatory Commission’s (Commission) David P. Boergers, addition, Southwest is proposing regulations thereunder, for permission Secretary. revised fuel reimbursement percentages, and approval to abandon certain minor [FR Doc. 99–5714 Filed 3–8–99; 8:45 am] calculated in accordance with proposed pipeline facilities, all as more fully set BILLING CODE 6717±01±M Section 6.14, Fuel Reimbursement forth in the application which is on file Adjustment, of Rate Schedules FSS and with the Commission and open to ISS. The Fuel Reimbursement public inspection. The application may DEPARTMENT OF ENERGY Adjustment reflects the following be viewed on the web at Federal Energy Regulatory changes to the Fuel Reimbursement www.ferc.fed.us/online/rims.htm (call Commission Percentages: (1) West Area Storage (202) 208–2222 for assistance) Facilities Injection 1.28% and Applicant proposes to abandon by [Docket No. RP99±243±000] Withdrawal 0.51%: and (2) East Area removal certain inactive and minor Storage Facilities Injection 2.19% and pipeline facilities, specifically, a receipt Texas Eastern Transmission Corporation; Notice of Proposed Withdrawal 0.99%. point facility designated as side valve number 547E–111. Applicant states that Changes in FERC Gas Tariff Southwest states that copies of this this facility is located in Lowndes filing are being served on all affected County, Mississippi. Applicant March 3, 1999. customers and applicable state proposes to blind flange the side valve Take notice that on March 1, 1999, regulatory agencies. and remove the riser and associated Texas Eastern Transmission Corporation (Texas Eastern) tendered for filing as Any person desiring to be heard or to check and ball valves. Applicant further states that the abandoned facilities will part of its FERC Gas Tariff, Sixth protest said filing should file a motion Revised Volume No. 1, the following to intervene or a protest with the then be scrapped. Any person desiring to be heard or to tariff sheets with a proposed effective Federal Energy Regulatory Commission, date of April 1, 1999: 888 First Street, NE, Washington, DC make any protest with reference to said 20426, in accordance with Sections application should on or before March Sixth Revised Sheet No. 149 24, 1999, file with the Federal Energy Sixth Revised Sheet No. 150 385.214 and 385.211 of the Sixth Revised Sheet Nos. 151–155 Commission’s Rules and Regulations. Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, a All such motions or protests must be Texas Eastern states that the filing is petition to intervene or a protest in submitted pursuant to Section 15.2(G), filed in accordance with Section accordance with the requirements of the Transition Cost Tracker, of the General 154.210 of the Commission’s Commission’s Rules of Practice and Terms and Conditions of Texas Regulations. Protests will be considered Procedure (18 CFR 385.214 or 385.211) Eastern’s FERC Gas Tariff, Sixth Revised by the Commission in determining the and the regulations under the Natural volume No. 1, and as a limited appropriate action to be taken, but will Gas Act (18 CFR 157.10). All protests application pursuant to Section 4 of the not serve to make protestants parties to filed with the Commission will be Natural Gas Act, 15 U.S.C. Section 717c the proceedings. Any person wishing to considered by it in determining the (1988), and the Rules and Regulations of become a party must file a motion to appropriate action to be taken but will the Commission promulgated intervene. Copies of this filing are on not serve to make the proetestants thereunder. file with the Commission and are parties to the proceeding. Texas Eastern states that the purpose available for public inspection in the Any person wishing to become a party of the filing is to continue its recovery Public Reference Room. This filing may to the proceeding or to participate as a of Order No. 636 transition costs be viewed on the web at http:// party in any hearing therein must file a incurred by upstream pipelines and

VerDate 03-MAR-99 18:29 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11467 flowed through to Texas Eastern as General Terms and Conditions of DEPARTMENT OF ENERGY approved by the Commission by order Transco’s FERC Gas Tariff which dated March 23, 1998 in Docket No. provides that Transco will file to reflect Federal Energy Regulatory RP98–142, Texas Eastern’s last filing to net changes in the Transmission Electric Commission recover upstream transition cost. Texas Power (TEP) rates 30 days prior to each Eastern states that this filing covers TEP Annual Period beginning April 1. [Docket No. RP99±245±000] approximately $0.5 million of upstream Attached in Appendix B to the filing are transiton costs for the period January 1, workpapers supporting the derivation of Transwestern Pipeline Company; 1998 through December 31, 1998, which the revised TEP rates reflected on the Notice of Proposed Changes in FERC is a reduction of approximately 60% tariff sheets included therein. Gas Tariff from the last filing. Texas Eastern states that copies of the The TEP rates are designed to recover March 3, 1999. filing were mailed to all affected Transco’s transmission electric power Take notice that on March 1, 1999, customers and interested state costs for its electric compressor stations Transwestern Pipeline Company commissions. (Stations 100, 115, 120, 125, 145 and (Transwestern), tendered for filing to Any person desiring to be heard or to 205). The costs underlying the revised become part of Transwestern’s FERC protest said filing should file a motion TEP rates consist of two components— Gas Tariff, Second Revised Volume No. to intervene or a protest with the the Estimated TEP Costs for the period Federal Energy Regulatory Commission, April 1, 1999 through March 31, 2000 1 the following tariff sheets, with an 888 First Street, N.E., Washington, D.C. plus the balance in the TEP Deferred effective date of April 1, 1999: 20426, in accordance with Section Account including accumulated interest Ninth Revised Sheet No. 5B.02 385.214 or 385.211 of the Commission’s as of January 31, 1999. Appendix C Sixth Revised Sheet No. 5B.03 Rules and Regulations. All such motions contains schedules detailing the Fourth Revised Sheet No. 91B or protests must be filed in accordance Estimated TEP Costs for the period with Section 154.210 of the April 1, 1999 through March 31, 2000 Transwestern states the purpose of Commission’s Regulations. Protests will and Appendix D contains workpapers this filing is to notify the Commission be considered by the Commission in supporting the calculation of the TEP and submit the appropriate tariff sheet determining the appropriate action to be Deferred Account. changes to reflect the assignment of taken, but will not serve to make 25,000 MMBtu/D of firm capacity under protestants parties to the proceedings. Transco states that it is serving copies two firm transpiration agreements under Any person wishing to become a party of the instant filing to its affected Transwestern’s Rate Schedule FTS–1 by must file a motion to intervene. Copies customers, State Commissions and other Pacific Gas & Electric Co. (UEG) to El of this filing are on file with the interested parties. Paso Energy Marketing Company. Commission and are available for public Any person desiring to be heard or to Transwestern states that copies of the inspection in the Public Reference protest said filing should file a motion filing were served upon Transwestern’s Room. This filing may be viewed on the to intervene or a protest with the web at http://www.ferc.fed.us/online/ customers and interested State Federal Energy Regulatory Commission, Commissions. rims.htm (call 202–208–2222 for 888 First Street, N.E., Washington, D.C. assistance). 20426, in accordance with Sections Any person desiring to be heard or to David P. Boergers, 385.214 of 385.211 of the Commission’s protest said filing should file a motion Secretary. Rules and Regulations. All such motions to intervene or a protest with the [FR Doc. 99–5713 Filed 3–8–99; 8:45 am] or protests must be filed in accordance Federal Energy Regulatory Commission, BILLING CODE 6717±01±M with Section 154.210 of the 888 First Street, N.W., Washington, D.C. Commission’s Regulations. Protests will 20426, in accordance with Sections be considered by the Commission in 385.214 or 385.211 of the Commission’s DEPARTMENT OF ENERGY determining the appropriate action to be Rules and Regulations. All such motions taken, but will not serve to make or protests must be filed in accordance Federal Energy Regulatory with Section 154.210 of the Commission protestants parties to the proceedings. Any person wishing to become a party Commission’s Regulations. Protests will [Docket No. RP99±250±000] must file a motion to intervene. Copies be considered by the Commission in of this filing are on file with the determining the appropriate action to be Transcontinental Gas Pipe Line Commission and are available for public taken, but will not serve to make Corporation; Notice of Proposed inspection in the Public Reference protestants parties to the proceedings. Changes in FERC Gas Tariff Room. This filing may be viewed on the Any person wishing to become a party web at http://www.ferc.fed.us/online/ must file a motion to intervene. Copies March 3, 1999. of this filing are on file with the Take notice that on March 1, 1999 rims.htm (call 202–208–2222 for assistance). Commission and are available for public Transcontinental Gas Pipe Line inspection in the Public Reference Corporation (Transco) tendered for David P. Boergers, Room. This filing may be viewed on the filing as part of its FERC Gas Tariff, Secretary. web at http://www.ferc.fed.us/online/ Third Revised Volume No. 1, certain [FR Doc. 99–5695 Filed 3–8–99; 8:45 am] rims.htm (call 202–208–2222 for revised tariff sheets, which tariff sheets BILLING CODE 6717±01±M assistance). are enumerated in Appendix A attached to the filing. The tariff sheets are David P. Boergers, proposed to be effective April 1, 1999. Secretary. Transco states that the instant filing is [FR Doc. 99–5690 Filed 3–8–99; 8:45 am] submitted pursuant to Section 41 of the BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. TM99±4±30±000] [Docket No. TM99±2±82±000] [Docket No. RP99±249±000] Trunkline Gas Company; Notice of Viking Gas Transmission Company; Proposed Changes in FERC Gas Tariff Notice of Tariff Filing Williston Basin Interstate Pipeline Company; Notice of Tariff Filing March 3, 1999. March 3, 1999. Take notice that on March 1, 1999, Take notice that on February 26, 1999, March 3, 1999. Trunkline Gas Company (Trunkline) Viking Gas Transmission Company tendered for filing as part of its FERC (Viking) tendered for filing as part of its Take notice that on March 1, 1999, Gas Tariff, First Revised Volume No. 1, FERC Gas Tariff, First Revised Volume Williston Basin Interstate Pipeline the tariff sheets listed in Appendix A No. 1 the following tariff sheets to Company (Williston Basin), tendered for attached to the filing, to become become effective April 1, 1999: filing as part of its FERC Gas Tariff, Original Volume No. 2, certain revised effective April 1, 1999. Fourteenth Revised Sheet No. 6 Trunkline states that this filing is Eighth Revised Sheet No. 6A tariff sheets, with an effective date of being made in accordance with Section March 1, 1999. 22 (Fuel Reimbursement Adjustment) of Viking states that the purpose of this filing is to make Viking’s annual Williston Basin states that the revised Trunkline’s FERC Gas Tariff, First tariff sheets are being filed pursuant to Revised Volume No. 1. The revised tariff adjustment to its Fuel and Loss Retention Percentages in accordance the Service Agreement applicable to sheets listed on Appendix A reflect: a Rate Schedule X–13 service between (0.32)% decrease (Field Zone to Zone 2), with Section 154.403 of the Williston Basin and Northern States a (0.38)% decrease (Zone 1A to Zone 2), Commission’s Rules and Regulations, 18 Power Company. The rate for firm a (0.14)% decrease (Zone 1B to Zone 2), C.F.R. § 154.403 (1998) and Section 26 a 0.04% increase (Zone 2 only), a of the General Terms and Conditions of transportation hereunder has been (0.35)% decrease (Field Zone to Zone Viking’s FERC Gas Tariff. Application of restated to reflect the third biennial 1B), a (0.41)% decrease (Zone 1A to Section 26 of Viking’s tariff results in restatement under the terms of the Zone 1B), a (0.17)% decrease (Zone 1B the following new Fuel and Loss Service Agreement. The restated rate only), a (0.17)% decrease (Field Zone to Retention Percentages for Rate reflects a reservation charge of Zone 1A), a (0.23)% decrease (Zone 1A Schedules FT–A, FT–B, FT–C, IT and $17.04919 per Mcf per month, only) and a 0.07% increase (Field Zone AOT respectively: 2.6 percent for Zone excluding applicable surcharges. only) to the currently effective fuel 1–1, 3.19 percent for Zone 1–2, and .72 Williston request the Commission to reimbursement percentages. percent for Zone 2–2. grant a waiver to permit the tariff sheet Trunkline states that copies of this Viking states that copies of the filing to be effective March 1, 1999. have been mailed to all of its filing are being served on all affected Any person desiring to be heard or to shippers and interested state regulatory jurisdictional customers and to affected protest said filing should file a motion agencies. state regulatory commissions. to intervene or a protest with the Any person desiring to be heard or to Any person desiring to be heard or to protest said filing should file a motion protest said filing should file a motion Federal Energy Regulatory Commission, to intervene or a protest with the to intervene or a protest with the 888 First Street, NE, Washington, DC Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, 20426, in accordance with Sections 888 First Street, NE, Washington, DC 888 First Street, N.E., Washington, D.C. 385.214 or 385.211 of the Commission’s 20426, in accordance with Sections 20426, in accordance with Sections Rules and Regulations. All such motions 385.214 or 385.211 of the Commission’s 385.214 or 385.211 of the Commission’s or protests must be filed in accordance Rules and Regulations. All such motions Rules and Regulations. All such motions with Section 154.210 of the or protests must be filed in accordance or protests should be filed in accordance Commission’s Regulations. Protests will with Section 154.210 of the with Section 154.210 of the be considered by the Commission in Commission’s Regulations. Protests will Commission’s Regulations. Protests will determining the appropriate action to be be considered by the Commission in be considered by the Commission in taken, but will not serve to make determining the appropriate action to be determining the appropriate action to be protestants parties to the proceedings. taken, but will not serve to make taken, but will not serve to make Any person wishing to become a party protestants parties to the proceedings. protestants parties to the proceedings. must file a motion to intervene. Copies Any person wishing to become a party Any person wishing to become a party of this filing are on file with the must file a motion to intervene. Copies must file a motion to intervene. Copies Commission and are available for public of this filing are on file with the of this filing are on file with the inspection in the Public Reference Commission and are available for public Commission and are available for public Room. This filing may be viewed on the inspection in the Public Reference inspection in the Public Reference web at http://www.ferc.fed.us/online/ Room. This filing may be viewed on the Room. This filing may be viewed on the rims.htm (call 202–208–2222 for web at http://www.ferc.fed.us/online/ web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for rims.htm (call (202) 208–2222 for assistance). assistance). assistance). David P. Boergers, David P. Boergers, David P. Boergers, Secretary. Secretary Secretary. [FR Doc. 99–5694 Filed 3–8–99; 8:45 am] [FR Doc. 99–5700 Filed 3–8–99; 8:45 am] [FR Doc. 99–5697 Filed 3–8–99; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY WISCONSIN ELECTRIC POWER ER99–1326, 000 WOLVERINE COMPANY POWER SUPPLY COOPERATIVE, Federal Energy Regulatory OTHER#S ER99–1245, 000 APS INC. Commission OPERATING COMPANIES ER99–1327, 000 EAST TEXAS OTHER#S ER99–1256, 000 AEP ELECTRIC COOPERATIVE, INC. Sunshine Act Meeting OPERATING COMPANIES ER99–1329, 000 BANGOR HYDRO- # March 3, 1999. OTHER S ER99–1268, 000 CENTRAL ELECTRIC COMPANY ILLINOIS LIGHT COMPANY ER99–1330, 000 FLORIDA POWER & The following notice of meeting is OTHER#S ER99–1286, 000 DAYTON LIGHT COMPANY published pursuant to section 3(a) of the POWER & LIGHT COMPANY ER99–1333, 000 MIDWEST ISO, INC. Government in the Sunshine Act (Pub. OTHER#S ER99–1287, 000 AMEREN ER99–1335, 000 CLECO L. No. 94–409), 5 U.S.C. 552B: SERVICES COMPANIES CORPORATION AGENCY HOLDING MEETING: Federal OTHER#S ER99–1288, 000 NEW ER99–1336, 000 CENTRAL Energy Regulatory Commission. CENTURY OPERATING VERMONT PUBLIC SERVICE DATE AND TIME: March 10, 1999, 10:00 COMPANIES CORPORATION a.m. OTHER#S ER99–1290, 000 ER99–1337, 000 BOSTON EDISON PLACE: Room 2C, 888 First Street, NE., DUQUESNE LIGHT COMPANY COMPANY Washington, DC 20426 OTHER#S ER99–1291, 000 SOUTH ER99–1338, 000 EASTERN UTILITIES STATUS: Open. CAROLINA ELECTRIC & GAS ASSOCIATES COMPANY ER99–1339, 000 VERMONT MATTERS TO BE CONSIDERED: Agenda— OTHER#S ER99–1294, 000 ELECTRIC POWER COMPANY, *Note.—Items listed on the agenda may UTILICORP UNITED INC. be deleted without further notice. INCORPORATED ER99–1340, 000 CSW OPERATING CONTACT PERSON FOR MORE INFORMATION: OTHER#S ER99–1296, 000 TAMPA COMPANIES David P. Boergers, Secretary, telephone ELECTRIC COMPANY ER99–1346, 000 PJM (202) 208–0400 for a recording listing OTHER#S ER99–1297, 000 INTERCONNECTION, L.L.C. items stricken from or added to the COMMONWEALTH EDISON ER99–1347, 000 CONSUMERS meeting, call (202) 208–1627. COMPANY ENERGY COMPANY AND THE This is a list of matters to be OTHER#S ER99–1298, 000 DUKE DETROIT EDISON COMPANY considered by the Commission. It does OPERATING COMPANIES ER99–1348, 000 CONSUMERS not include a listing of all papers OTHER#S ER99–1299, 000 ENTERGY ENERGY COMPANY relevant to the items on the agenda; OPERATING COMPANIES ER99–1349, 000 THE DETROIT however, all public documents may be OTHER#S ER99–1301, 000 MAINE EDISON COMPANY examined in the reference and PUBLIC SERVICE COMPANY ER99–1359, 000 KANSAS CITY information center. OTHER#S ER99–1302, 000 POWER & LIGHT COMPANY SOUTHERN OPERATING ER99–1360, 000 OHIO VALLEY Consent Agenda—Hydro, 715th COMPANIES ELECTRIC CORPORATION Meeting—March 10, 1999, Regular OTHER#S ER99–1307, 000 LG&E ER99–1365, 000 NEW YORK POWER Meeting (10:00 a.m.) OPERATING COMPANIES POOL CAH–1. OTHER#S ER99–1309, 000 ER99–1373, 000 ILLINOIS POWER DOCKET# P–2525, 019 WISCONSIN CAROLINA POWER & LIGHT COMPANY PUBLIC SERVICE CORPORATION COMPANY ER99–1413, 000 CENTRAL MAINE OTHER#S P–2522, 032 WISCONSIN OTHER#S ER99–1310, 000 POWER COMPANY PUBLIC SERVICE CORPORATION OKLAHOMA GAS & ELECTRIC ER99–1414, 000 NEW ENGLAND OTHER#S P–2546, 035 WISCONSIN COMPANY POWER POOL AND ISO NEW PUBLIC SERVICE CORPORATION OTHER#S ER99–1312, 000 EMPIRE ENGLAND INC. OTHER#S P–2560, 012 WISCONSIN DISTRICT ELECTRIC COMPANY ER99–1459, 000 NORTHEAST PUBLIC SERVICE CORPORATION OTHER#S ER99–1315, 000 MADISON UTILITIES SERVICE COMPANY OTHER#S P–2581, 014 WISCONSIN GAS & ELECTRIC COMPANY ER99–1690, 000 MAINE ELECTRIC PUBLIC SERVICE CORPORATION CAE–1 POWER COMPANY OTHER#S P–2595, 024 WISCONSIN ER99–1317, 000 WESTERN CAE–2. PUBLIC SERVICE CORPORATION RESOURCES, INC. DOCKET # ER99–1269, 000 CAH–2. OMITTED ER99–1318, 000 FIRSTENERGY WISCONSIN PUBLIC SERVICE CAH–3. OMITTED OPERATING COMPANIES CORPORATION CAH–4. DOCKET# P–2459, 076 WEST ER99–1319, 000 WPS RESOURCES CAE–3. PENN POWER COMPANY CORPORATION DOCKET # ER99–1375, 000 CAH–5. DOCKET# P–3131, 032 SR ER99–1320, 000 VIRGINIA ELECTRIC SOUTHWEST POWER POOL, INC. HYDROPOWER, INC. AND SR AND POWER COMPANY OTHER #S ER99–783, 000 HYROPOWER OF BROCKWAY ER99–1321, 000 FLORIDA POWER SOUTHWEST POWER POOL, INC. MILLS, INC. CORPORATION CAE–4. ER99–1322, 000 CINERGY DOCKET # ER99–1696, 000 SELECT Consent Agenda—Electric OPERATING COMPANIES ENERGY, INC. CAE–1. ER99–1323, 000 SOUTHWEST DOCKET# ER99–1256, 000 AEP POWER POOL CAE–5. OPERATING COMPANIES ER99–1324, 000 ELECTRIC ENERGY DOCKET # ER99–1248, 000 HARBOR OTHER#S EL98–52, 000 NORTH INCORPORATED COGENERATION COMPANY AMERICAN ELECTRIC ER99–1325, 000 NORTHERN CAE–6. OMITTED RELIABILITY COUNCIL INDIANA PUBLIC SERVICE CAE–7. OMITTED OTHER#S ER99–1160, 000 COMPANY CAE–8.

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DOCKET # ER99–963, 000 NEVADA CAE–24. SITHE NEW BOSTON, LLC V. NEW SUN-PEAK LIMITED DOCKET # EC99–23, 000 BANGOR ENGLAND POWER POOL AND ISO PARTNERSHIP HYDRO-ELECTRIC COMPANY NEW ENGLAND, INC. CAE–9. OTHER #S ER99–1166, 000 BANGOR OTHER #S ER99–913, 000 SITHE DOCKET # ER99–1378, 000 ALLIANT HYDRO-ELECTRIC COMPANY NEW ENGLAND HOLDINGS, LLC SERVICES COMPANY CAE–25. AND SITHE NEW BOSTON, LLC V. CAE–10. DOCKET # ER96–2495 001 AEP NEW ENGLAND POWER POOL DOCKET # ER99–1450, 000 POWER MARKETING, INC. AND ISO NEW ENGLAND, INC. MISSOURI-KANSAS POWER POOL CAE–26. OMITTED CAE–34. OTHER #S ER97–1083, 000 MOKAN CAE–27. OMITTED DOCKET # EL99–16, 000 ALFALFA POWER POOL CAE–28. ELECTRIC COOPERATIVE, INC. CAE–10. DOCKET # EL94–5 001 SAN DIEGO CAE–35. OMITTED OA97–262, 000 MOKAN POWER GAS & ELECTRIC COMPANY V. CAE–36. POOL PUBLIC SERVICE COMPANY OF DOCKET # OA97–520, 002 CITIZENS OA97–682, 000 MOKAN POWER NEW MEXICO UTILITIES COMPANY (VERMONT POOL OTHER #S EL96–40 001 SAN DIEGO ELECTRIC DIVISION) CAE–11. GAS & ELECTRIC COMPANY V. OTHER #S OA97–610, 002 CITIZENS DOCKET # ER99–1228, 000 STORM PUBLIC SERVICE COMPANY OF UTILITIES COMPANY (VERMONT LAKE POWER PARTNERS II LLC NEW MEXICO ELECTRIC DIVISION) CAE–12. CAE–28. DOCKET # ER99–1331, 000 ILLINOIS EL97–54, 001 SAN DIEGO GAS & CONSENT AGENDA—GAS AND OIL POWER COMPANY ELECTRIC COMPANY V. PUBLIC CAG–1. CAE–13. SERVICE COMPANY OF NEW MEXICO DOCKET # RP99–222 000 COLUMBIA DOCKET # ER99–1293, 000 CAE–29. GULF TRANSMISSION COMPANY MONMOUTH ENERGY, INC. DOCKET # EL99–28, 000 CENTRAL OTHER #S RP99–222, 001 CAE–14. MAINE POWER COMPANY V. FPL COLUMBIA GULF DOCKET # ER99–1261, 000 ENERGY ENERGY MAINE, INC. TRANSMISSION COMPANY EAST SOUTH GLENS FALLS, LLC CAE–30. CAG–2. CAE–15. DOCKET # EL99–32, 000 FLORIDA DOCKET # RP99–223, 000 DOCKET # ER99–1465, 000 ELWOOD POWER & LIGHT COMPANY COLUMBIA GAS TRANSMISSION MARKETING, LLC CAE–31. CORPORATION CAE–16. DOCKET # ER85–477, 010 CAG–3. OMITTED DOCKET # ER99–1522, 000 BANGOR SOUTHWESTERN PUBLIC CAG–4. HYDRO-ELECTRIC COMPANY SERVICE COMPANY DOCKET # RP99–224, 000 MID CAE–17. OTHER #S EL95–24, 000 GOLDEN LOUISIANA GAS COMPANY DOCKET # NJ97–3 005 UNITED SPREAD ELECTRIC CAG–5. STATES DEPARTMENT OF COOPERATIVE, INC. V. DOCKET # RP99–225, 000 MID ENERGY—BONNEVILLE POWER SOUTHWESTERN PUBLIC LOUISIANA GAS COMPANY ADMINISTRATION SERVICE COMPANY CAG–6. CAE–18. EL96–71, 000 GOLDEN SPREAD DOCKET # RP99–180, 001 DOCKET # ER97–3729, 000 ELECTRIC COOPERATIVE, INC. V. NATIONAL FUEL GAS SUPPLY ATLANTIC CITY ELECTRIC SOUTHWESTERN PUBLIC CORPORATION COMPANY, BALTIMORE GAS SERVICE COMPANY CAG–7. AND ELECTRIC COMPANY AND ER95–1129, 001 SOUTHWESTERN DOCKET # RP99–173, 000 DELMARVA POWER & LIGHT PUBLIC SERVICE COMPANY NORTHERN NATURAL GAS COMPANY, ET AL. ER95–1129, 002 SOUTHWESTERN COMPANY CAE–19. PUBLIC SERVICE COMPANY CAG–8. DOCKET # ER98–3527, 000 PJM ER95–1138, 000 SOUTHWESTERN DOCKET # PR99–1, 000 TRANSOK, INTERCONNECTION, L.L.C. PUBLIC SERVICE COMPANY L.L.C. CAE–20. OMITTED ER98–3356, 000 SOUTHWESTERN CAG–9. CAE–21. PUBLIC SERVICE COMPANY DOCKET # PR99–2, 000 TRANSOK, DOCKET # ER99–1764, 000 ERIE ER98–4445, 000 SOUTHWESTERN L.L.C. BOULEVARD HYDROPOWER, L.P. PUBLIC SERVICE COMPANY CAG–10. CAE–22. OA96–33, 000 SOUTHWESTERN DOCKET # RP98–188, 003 DOCKET # ER99–1142, 000 NEW PUBLIC SERVICE COMPANY TENNESSEE GAS PIPELINE ENGLAND POWER POOL OA97–691, 000 SOUTHWESTERN COMPANY CAE–23. PUBLIC SERVICE COMPANY CAG–11. DOCKET # ER97–2364, 000 SAN CAE–32. DOCKET # RP99–91, 001 DIEGO GAS & ELECTRIC DOCKET # EL99–21, 000 SAN DIEGO ALGONQUIN LNG, INC. COMPANY GAS & ELECTRIC COMPANY V. CAG–12. OTHER #S ER97–4235, 000 SAN PUBLIC SERVICE COMPANY OF DOCKET # RP99–106, 001 DIEGO GAS & ELECTRIC NEW MEXICO TRANSCOLORADO GAS COMPANY OTHER #S EL97–54, 000 SAN DIEGO TRANSMISSION COMPANY ER98–497, 000 SAN DIEGO GAS & GAS & ELECTRIC COMPANY V. CAG–13. ELECTRIC COMPANY PUBLIC SERVICE COMPANY OF DOCKET # RP97–126, 008 IROQUOIS ER98–1682, 000 SAN DIEGO GAS & NEW MEXICO GAS TRANSMISSION SYSTEM, ELECTRIC COMPANY CAE–33. L.P. ER98–2375, 000 SAN DIEGO GAS & DOCKET # EL99–15, 000 SITHE NEW CAG–14. OMITTED ELECTRIC COMPANY ENGLAND HOLDINGS, LLC AND CAG–15.

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DOCKET # RP93–109, 014 WILLIAMS COMPANY Estimated Annual Reporting and NATURAL GAS COMPANY OTHER #S CP97–315, 001 Recordkeeping Cost Burden: CAG–16. OMITTED INDEPENDENCE PIPELINE $2,257,000. CAG–17. OMITTED COMPANY Frequency of Response: On occasion; CAG–18. CP97–319, 000 ANR PIPELINE annually. DOCKET # RP98–54, 000 COLORADO COMPANY Description: In the Third Report and INTERSTATE GAS COMPANY CP97–320, 000 INDEPENDENCE Order issued in CC Docket No. 95– CAG–19. PIPELINE COMPANY 116, the Commission implements, for DOCKET # MG98–15, 001 CP97–321, 000 INDEPENDENCE long-term number portability costs, MARITIMES AND NORTHEAST PIPELINE COMPANY the statutory requirement that all PIPELINE, L.L.C. CP98–150, 000 MILLENNIUM telecommunications carriers bear the OTHER #S MG99–9, 000 MARITIMES PIPELINE COMPANY, L.P. costs of number portability on a CP98–151, 000 COLUMBIA GAS AND NORTHEAST PIPELINE, competitively neutral basis, as set L.L.C. TRANSMISSION CORPORATION CP98–154, 000 MILLENNIUM forth in Section 251(e)(2) of the CAG–20. Telecommunications Act of 1996. The DOCKET # MG99–7, 000 PIPELINE COMPANY, L.P. CP98–155, 000 MILLENNIUM Third Report and Order requires ALGONQUIN GAS PIPELINE COMPANY, L.P. telecommunications carriers to TRANSMISSION COMPANY CP98–156, 000 MILLENNIUM provide the information about their OTHER #S MG99–6, 000 PIPELINE COMPANY, L.P. international and regional end-user ALGONQUIN LNG, INC. CP98–200, 000 NATIONAL FUEL telecommunications revenues that MG99–8, 000 TEXAS EASTERN GAS SUPPLY CORPORATION will enable the regional database TRANSMISSION CORPORATION CP98–540, 000 administrator to allocate the costs of CAG–21. the number portability regional # TRANSCONTINENTAL GAS PIPE DOCKET CP99–28, 000 TENNESSEE LINE CORPORATION databases in a competitively neutral GAS PIPELINE COMPANY For Discussion Only. manner. See 47 CFR Sections 52.32 CAG–22. David P. Boergers, and 52.33 FCC Form 487, LNP DOCKET # CP98–802, 000 ANR Secretary. Worksheet is designed to capture this PIPELINE COMPANY [FR Doc. 99–5863 Filed 3–5–99; 12:03 pm] information. FCC Form 487 will be CAG–23. distributed by Lockheed Martin IMS. # BILLING CODE 6717±01±P DOCKET CP99–19, 000 TENNESSEE Forms are to be filed by April 16, GAS PIPELINE COMPANY 1999. Call 877–245–5277 if you are CAG–24. required to file FCC Form 487 and DOCKET # CP99–22, 000 GASDEL FEDERAL COMMUNICATIONS COMMISSION need a copy of the form or additional PIPELINE SYSTEM, INC. information. (No. of respondents: CAG–25. Public Information Collections 3000; hour per response: .50 per DOCKET # CP99–38, 000 TEXAS Approved by Office of Management respondent contracting out for the EASTERN TRANSMISSION and Budget preparation of the form and 5 hours CORPORATION for other respondents; total annual CAG–26. March 1, 1999. # burden: 4875 hours). The Third DOCKET CP96–270, 000 MID The Federal Communications Report and Order requires incumbent CONTINENT MARKET CENTER, Commission (FCC) has received Office local exchange carriers (LECs) to INC. V. PANHANDLE EASTERN of Management and Budget (OMB) maintain records that detail both the PIPE LINE COMPANY approval for the following public # nature and specific amount of these OTHER S CP96–270, 001 MID information collections pursuant to the carrier-specific costs that are directly CONTINENT MARKET CENTER, Paperwork Reduction Act of 1995, related to number portability, and INC. V. PANHANDLE EASTERN Public Law 104–13. An agency may not those carrier-specific costs that are not PIPE LINE COMPANY conduct or sponsor and a person is not directly related to number portability. CP96–529, 000 K N INTERSTATE required to respond to a collection of (No. of respondents: 1400; hours per GAS TRANSMISSION COMPANY information unless it displays a response: 2 hours; total annual CP96–542, 000 PANHANDLE currently valid control number. For burden: 2800 hours). Lockheed Martin EASTERN PIPE LINE COMPANY further information contact Shoko B. IMS will be collecting the information CAG–27. Hair, Federal Communications # on all telecommunications carriers’ DOCKET CP92–741, 001 Commission, (202) 418–1379. regional and international end-user WILLISTON BASIN INTERSTATE Federal Communications Commission telecommunications revenues to PIPELINE COMPANY determine each carrier’s contribution OMB Control No.: 3060–0885. to the cost of the regional number HYDRO AGENDA Expiration Date: 08/31/1999. portability databases. As the H–1. RESERVED Title: Telephone Number Portability, CC Docket No. 95–116, Third Report and administrator, Lockheed Martin must ELECTRIC AGENDA Order (Local Number Portability collect sufficient revenues to fund the E–1. RESERVED Worksheet and Recordkeeping initial building and ongoing operations of the regional databases. OIL AND GAS AGENDA Requirement). Form No.: FCC Form 487. Obligation to respond: Mandatory. I. PIPELINE RATE MATTERS Respondents: Business or other for Public reporting burden for the PR–1. RESERVED profit. collections of information is as noted II. PIPELINE CERTIFICATE MATTERS Estimated Annual Burden: 4,400 above. Send comments regarding the PC–1. respondents; 1.74 hours per response burden estimate or any other aspect of DOCKET # CP97–315, 000 (avg.); 7,675 total annual burden the collections of information, including INDEPENDENCE PIPELINE hours. suggestions for reducing the burden to

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Performance Evaluation and Records Washington, DC 20503 within 30 days COMMENTS: Interested persons are Management, Washington, DC. 20554. of the date of this notice. invited to submit written comments on Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: the proposed information collection to Magalie Roman Salas, Requests for additional information or the Desk Officer for the Federal Emergency Management Agency, Office Secretary. copies of the information collection should be made to Muriel B. Anderson, of Information and Regulatory Affairs, [FR Doc. 99–5773 Filed 3–8–99; 8:45 am] FEMA Information Collections Officer, Office of Management and Budget, BILLING CODE 6712±01±P Federal Emergency Management Washington, DC 20503 within 30 days Agency, 500 C Street, SW, Room 316, of the date of this notice. Washington, DC 20472. Telephone FOR FURTHER INFORMATION CONTACT: FEDERAL EMERGENCY number (202) 646–2625. FAX number Requests for additional information or MANAGEMENT AGENCY (202) 646–3524 or email copies of the information collection [email protected]. should be made to Muriel B. Anderson, Agency Information Collection FEMA Information Collections Officer, Activities: Submission For OMB Dated: February 26, 1999. Thomas F. Behm, Federal Emergency Management Review; Comment Request Agency, 500 C Street, SW, Room 316, Acting Director, Program Services Division, ACTION: Notice and request for Operations Support Directorate. Washington, DC 20472. Telephone number (202) 646–2625. FAX number comments. [FR Doc. 99–5611 Filed 3–8–99; 8:45 am] (202) 646–3524 or email SUMMARY: The Federal Emergency BILLING CODE 6718±01±P [email protected]. Management Agency has submitted the Dated: February 26, 1999. following proposed information FEDERAL EMERGENCY Thomas F. Behm, collection to the Office of Management MANAGEMENT AGENCY and Budget for review and clearance in Acting Director, Program Services Division, Operations Support Directorate. accordance with the requirements of the Agency Information Collection Paperwork Reduction Act of 1995 (44 [FR Doc. 99–5612 Filed 3–8–99; 8:45 am] Activities: Submission for OMB BILLING CODE 6718±01±P U.S.C. 3507). Review; Comment Request Collection of Information ACTION: Notice and request for FEDERAL EMERGENCY Title: Exemption of State-Owned comments. MANAGEMENT AGENCY Properties Under Self-Insurance Plan. SUMMARY: The Federal Emergency Type of Information Collection: Agency Information Collection Extension of a currently approved Management Agency has submitted the following proposed information Activities: Submission for OMB collection. Review; Comment Request OMB Number: 3067–0127. collection to the Office of Management Abstract: The application for and Budget for review and clearance in ACTION: Notice and request for exemption is made to the Federal accordance with the requirements of the comments. Insurance Administrator by the Paperwork Reduction Act of 1995 (44 SUMMARY: Governor or other duly authorized U.S.C. 3507). The Federal Emergency official of the State. The application is Title: Application for Participation in Management Agency has submitted the accompanied by sufficient supporting the National Flood Insurance Program. following proposed information Type of Information Collection: documentation that certifies that the collection to the Office of Management Extension of a currently approved plan of self-insurance, upon which the and Budget for review and clearance in collection. application for exemption is based, accordance with the requirements of the OMB Number: 3067–0020. meets or exceeds the standards set forth Paperwork Reduction Act of 1995 (44 Form: FEMA Form: 81–64, U.S.C. 3507). in FEMA regulation 44 CFR section Application for Participation in the 75.11. Upon determining that the State’s National Flood Insurance Program. Collection of Information plan of self-insurance equals or exceeds Abstract: NFIP provides flood Title: Effectiveness of a Community’s the standards, the Administrator then insurance to communities that apply for Implementation of the NFIP, certifies that the State is exempt from participation and make a commitment Community Assistance Contact Report the requirements for the purchase of to adopt and enforce land use control and Community Assistance Visit Report. flood insurance for State-owned measures that are designed to protect Type of Information Collection: structures and their comments. development from future flood damages. Extension of a currently approved Affected Public: State Local or Tribal The application form will enable FEMA collection. Government. to continue to rapidly process new OMB Number: 3067–0198. Number of Respondents: 20. community applications and to more Abstract: Communities in the Estimated Time per Respondent: 5 quickly provide flood insurance National Flood Insurance hours. protection to the residents in the Program(NFIP) provide the States and Estimated Total Annual Burden communities. FEMA information on their Hours: 100. Affected Public: State, Local or Tribal implementation of the NFIP. The two Frequency of Response: One time. Government. tools used to obtain information are the COMMENTS: Interested persons are Number of Respondents: 100 Community Assistance Contact (CAC), invited to submit written comments on communities. FEMA Form 81–69, and Community the proposed information collection to Estimated Time per Respondent: 4 Assistance Visits (CAV), FEMA Form the Desk Officer for the Federal hours per community. 81–69. The CAC form is used during Emergency Management Agency, Office Estimated Total Annual Burden telephone contacts or brief visits with of Information and Regulatory Affairs, Hours: 400. an NFIP community to determine if Office of Management and Budget, Frequency of Response: On occasion. program-related problems exist and to

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11473 offer assistance. The CAV form is used indicated for that notice or to the offices 1. Asian Financial Corporation, during scheduled visits to NFIP of the Board of Governors. Comments Philadelphia, Pennsylvania; to become a communities for the purpose of must be received not later than March bank holding company by acquiring 100 conducting a comprehensive assessment 23, 1999. percent of the voting shares of Asian of the community’s floodplain A. Federal Reserve Bank of Dallas Bank, Philadelphia, Pennsylvania. management program and to assist the (W. Arthur Tribble, Vice President) 2200 B. Federal Reserve Bank of Chicago community in understanding NFIP North Pearl Street, Dallas, Texas 75201- (Philip Jackson, Applications Officer) requirements and implementing flood 2272: 230 South LaSalle Street, Chicago, loss reduction measures. 1. Jean Marie Champagne, Illinois 60690-1413: Affected Public: State, Local or Tribal Mandeville, Louisiana; to acquire 1. C-B-G, Inc., Wilton, Iowa; to Government. additional voting shares of American acquire up to 100 percent of the voting Number of Respondents: 3,800. Bancshares - Red River, Inc., Coushatta, shares of Peoples National Corporation, Estimated Time per Respondent: Louisiana, and thereby indirectly Columbus Junction, Iowa, and thereby CAVs 3 hours per respondent; CACs 2 acquire American Bank and Trust indirectly acquire Community Bank, hours per respondent. Company, Coushatta, Louisiana. Muscatine, Iowa. Comments regarding Estimated Total Annual Burden Board of Governors of the Federal Reserve this application must be received not Hours: 15,200. System, March 3, 1999. later than March 23, 1999. Frequency of Response: Annually. Robert deV. Frierson, C. Federal Reserve Bank of COMMENTS: Interested persons are Associate Secretary of the Board. Minneapolis (JoAnne F. Lewellen, Assistant Vice President) 90 Hennepin invited to submit written comments on [FR Doc. 99–5732 Filed 3–8–99; 8:45 am] Avenue, P.O. Box 291, Minneapolis, the proposed information collection to BILLING CODE 6210±01±F the Desk Officer for the Federal Minnesota 55480-0291: Emergency Management Agency, Office 1. Stearns Financial Services, Inc. of Information and Regulatory Affairs, FEDERAL RESERVE SYSTEM Employee Stock Ownership Plan and Office of Management and Budget, Trust, St. Cloud, Minnesota; to acquire Washington, DC 20503 within 30 days Formations of, Acquisitions by, and an additional 5.5 percent of the voting of the date of this notice. Mergers of Bank Holding Companies shares of Stearns Financial Services, Inc., St. Cloud, Minnesota, and thereby FOR FURTHER INFORMATION CONTACT: The companies listed in this notice indirectly acquire Stearns Bank Arizona, Requests for additional information or have applied to the Board for approval, Scottsdale, Arizona; Stearns Bank, N.A., copies of the information collection pursuant to the Bank Holding Company Holdingford, Minnesota; Stearns Bank should be made to Muriel B. Anderson, Act of 1956 (12 U.S.C. 1841 et seq.) Canby, N.A., Canby, Minnesota; Stearns FEMA Information Collections Officer, (BHC Act), Regulation Y (12 CFR Part Bank, N.A., Upsala, Minnesota; Stearns Federal Emergency Management 225), and all other applicable statutes Bank, N.A., St. Cloud, Minnesota; and Agency, 500 C Street, SW, Room 316, and regulations to become a bank Stearns Bank, N.A., Evansville, Washington, DC 20472. Telephone holding company and/or to acquire the Minnesota. number (202) 646–2625. FAX number assets or the ownership of, control of, or C. Federal Reserve Bank of San (202) 646–3524 or email the power to vote shares of a bank or Francisco (Maria Villanueva, Manager [email protected]. bank holding company and all of the of Analytical Support, Consumer Dated: February 26, 1999. banks and nonbanking companies Regulation Group) 101 Market Street, Thomas F. Behm, owned by the bank holding company, San Francisco, California 94105-1579: Acting Director, Program Services Division, including the companies listed below. 1. First National Bank of Nevada Operations Support Directorate. The applications listed below, as well Holding Company, Scottsdale, Arizona; [FR Doc. 99–5613 Filed 3–8–99; 8:45 am] as other related filings required by the to acquire 100 percent of the voting Board, are available for immediate BILLING CODE 6718±01±P shares of First Bank of Arizona, N.A., inspection at the Federal Reserve Bank Scottsdale, Arizona. indicated. The application also will be Board of Governors of the Federal Reserve available for inspection at the offices of FEDERAL RESERVE SYSTEM System, March 3, 1999. the Board of Governors. Interested Robert deV. Frierson, persons may express their views in Change in Bank Control Notices; Associate Secretary of the Board. writing on the standards enumerated in Acquisitions of Shares of Banks or [FR Doc. 99–5731 Filed 3–8–99; 8:45 am] Bank Holding Companies the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of BILLING CODE 6210±01±F The notificants listed below have a nonbanking company, the review also applied under the Change in Bank includes whether the acquisition of the FEDERAL RESERVE SYSTEM Control Act (12 U.S.C. 1817(j)) and § nonbanking company complies with the 225.41 of the Board’s Regulation Y (12 standards in section 4 of the BHC Act. Notice of Proposals to Engage in CFR 225.41) to acquire a bank or bank Unless otherwise noted, nonbanking Permissible Nonbanking Activities or holding company. The factors that are activities will be conducted throughout to Acquire Companies that are considered in acting on the notices are the United States. Engaged in Permissible Nonbanking set forth in paragraph 7 of the Act (12 Unless otherwise noted, comments Activities U.S.C. 1817(j)(7)). regarding each of these applications The notices are available for must be received at the Reserve Bank The companies listed in this notice immediate inspection at the Federal indicated or the offices of the Board of have given notice under section 4 of the Reserve Bank indicated. The notices Governors not later than April 2, 1999. Bank Holding Company Act (12 U.S.C. also will be available for inspection at A. Federal Reserve Bank of 1843) (BHC Act) and Regulation Y, (12 the offices of the Board of Governors. Philadelphia (Michael E. Collins, Senior CFR Part 225) to engage de novo, or to Interested persons may express their Vice President) 100 North 6th Street, acquire or control voting securities or views in writing to the Reserve Bank Philadelphia, Pennsylvania 19105-1521: assets of a company, including the

VerDate 03-MAR-99 18:29 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11474 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices companies listed below, that engages 1. Wells Fargo & Company, San DEPARTMENT OF HEALTH AND either directly or through a subsidiary or Francisco, California; Norwest HUMAN SERVICES other company, in a nonbanking activity Mortgage, Inc., Des Moines, Iowa; and that is listed in § 225.28 of Regulation Norwest Ventures, LLC, Des Moines, Administration for Children and Y (12 CFR 225.28) or that the Board has Iowa; to engage de novo in a joint Families determined by Order to be closely venture through its subsidiary, Norwest related to banking and permissible for Proposed Information Collection Pinnacle Mortgage, LLC, Reno, Nevada Activity; Comment Request bank holding companies. Unless (dba Pinnacle Mortgage), in residential otherwise noted, these activities will be mortgage lending, pursuant to § Proposed Project conducted throughout the United States. 225.28(b)(1) of Regulation Y. Each notice is available for inspection Title: Refuge Unaccompanied Minor at the Federal Reserve Bank indicated. Board of Governors of the Federal Reserve Placement Report; Refuge The notice also will be available for System, March 3, 1999. Unaccompanied Minor Report. inspection at the offices of the Board of Robert deV. Frierson, OMB No.: 0970–0034. Governors. Interested persons may Associate Secretary of the Board. Description: These two reports collect information necessary to Administer the express their views in writing on the [FR Doc. 99–5733 Filed 3–8–99; 8:45 am] question whether the proposal complies refuge unaccompanied minor program. BILLING CODE 6210±01±F with the standards of section 4 of the The ORR–3 (placement Report) is BHC Act. submitted to ORR by the service Unless otherwise noted, comments provider agency at initial placement and regarding the applications must be whenever there is a change in the received at the Reserve Bank indicated child’s status, including termination or the offices of the Board of Governors from the program. The ORR–4 (Progress not later than March 23, 1999. Report) is submitted annually and A. Federal Reserve Bank of San records the child’s progress towards the Francisco (Maria Villanueva, Manager goals listed in the child’s case plan. of Analytical Support, Consumer Respondents: State, Local or Tribal Regulation Group) 101 Market Street, Government. San Francisco, California 94105-1579: Annual Burden Estimates.

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Replacement Report ...... 20 50 .417 417 Progress Report ...... 20 55 .250 275

Estimated Total Annual Burden collection of information on criteria aimed at providing detailed Hours: 692. respondents, including through the use descriptions of each funded program. To In compliance with the requirements of automated collection techniques or that end, States will use collection of Section 3506(c)(2)(A) the Paperwork other forms of information technology. techniques available to the Reduction Act of 1995, the Consideration will be given to Administration for Children and Administration for Children and comments and suggestions submitted Families and the Office of Child Families is soliciting public comment within 60 days of this publication. Support Enforcement. on the specific aspects of the Dated: March 3, 1999. Specifically, paragraph (a) requires information collection described above. Bob Sargis, States to monitor all access and Copies of the proposed collection of visitation programs to ensure that Acting Reports Clearance Officer. information can be obtained and services funded under these programs comments may be forwarded by writing [FR Doc. 99–5741 Filed 3–8–99; 8:45 am] are: (1) Authorized under section to the Administration for Children and BILLING CODE 4184±01±M 469B(a) of the Act; and (2) efficiently Families, Office of Information Services, and effectively provided while 370 L’Enfant Promenade, SW, DEPARTMENT OF HEALTH AND complying with reporting and Washington, DC 20447, Attn: ACF HUMAN SERVICES evaluation requirements, as set forth in Reports Clearance Officer. All requests paragraphs 303.109(b) and 303.109(c). should be identified by the title of the Administration for Children and Paragraph 303.109(b) allows State information collection. Families programs funded by section 469B of the The Department specifically requests act to be evaluated using data gathered comments on: (a) Whether the proposed Submission For OMB Review; to measure the effectiveness of program collection of information is necessary Comment Request operations. States also are required to for the proper performance of the assist in the evaluation of programs functions of the agency, including Title: Grants to States for Access and deemed significant of promising by the whether the information shall have Visitation—Program Data. Department, as directed by program practical utility; (b) the accuracy of the OMB No.: New. memorandum. Paragraph 303–109(c) agency’s estimate of the burden of the Description: As required by requires that States provide a detailed proposed collection of information; (c) Paragraphs 303.109(a), (b) and (c) of the description of each funded program by the quality, utility, and clarity of the PRWORA Act, States are directed to including such information as: service information to be collected; and (d) monitor and evaluate their access and providers and administrators, service ways to minimize the burden of the visitation programs using a set of area, population served, program goals,

VerDate 03-MAR-99 18:29 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11475 application or referral process, referral and ability of the program to meet may use this information to assess agencies, nature of the program, demand, (2) the service population demand for an utilization of their activities provided, and length and served and scope and size of the programs when considering funding features of a ‘‘completed’’ program. program, and (3) whether such options and make appropriate program Other required information from the recipients are completing standard changes from year to year. Funded program also includes: number of program requirements. States would be agencies will use the information to applicants or referrals for each program, required to report this information assess effectiveness of project the number of program participants in annually, collected at a date and in a administration and design. Public the aggregate and by eligible activity, form as the Secretary may prescribe in interest groups will use the information and the total number of graduates in the program instructions from time to time. to keep apprised of services provided to aggregate and by eligible activities (e.g., The Office of Child Support consitituencies. mediation, education etc.). Enforcement will use information This information is proposed in order gathered from the data collection Respondents: State, Local or Tribal to assess: (1) The demand for the instrument to report on the programs to Government. program and effectiveness of outreach the Congress in its annual report. States Annual Burden Estimates:

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Access and Visitation ...... 216 1 24 5,184.

Estimated Total Annual Burden Dated: March 3, 1999. The plans provide assurances that the Hours: 5,184. Bob Sargis, CCDF funds will be administered in Additional Information: Copies of the Acting Reports Clearance Officer. conformance with legislative proposed collection may be obtained by [FR Doc. 99–5740 Filed 3–8–99; 8:45 am] requirements, Federal regulations at 45 writing to the Administration for BILLING CODE 4184±01±M CFR parts 98 and 99 and other Children and Families, Office of applicable instructions or guidelines Information Services, 370 L’Enfant issued by the Administration for Promenade, S.W., Washington, D.C. DEPARTMENT OF HEALTH AND Children and Families (ACF). The Tribal 20447, Attn: ACF Reports Clearance HUMAN SERVICES Plan Preprint (ACF Form 118A) is Officer. currently approved through 5/31/00 OMB Comment: OMB is required to Administration for Children and under the Plan Preprint approval for make a decision concerning the Families collection of information between 30 to both State and Indian Tribes (OMB 60 days after publication of this Submission for OMB Review; Approval Number 0970–0114). Since document in the Federal Register. Comment Request the tribal plan preprint must be revised Therefore, a comment is best assured of to reflect the CCDF amended regulations having its full effect if OMB receives it Title: Child Care and Development (published 7/24/98 at 63 FR 39936– within 30 days of publication. Written Fund Tribal Plan Preprint. 39998), it is being disaggregated from comments and recommendations for the OMB No.: New. the State plan preprint approval. proposed information collection should Description: The Child Care and Therefore, a new collection of OMB be sent directly to the following: Office Development Fund Plan Preprint serves control number is requested. of Management and Budget, Paperwork as the agreement between the grantee Respondents: State, Local or Tribal Reduction Project, 725 17th Street, (Indian Tribe or tribal organization) and Government. N.W., Washington, D.C. 20503, Attn: the Federal government as to how the Ms. Lori Schack. Block Grant programs will be operated. Annual Burden Estimates:

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

CCDF Plan Preprint ...... 253 .5 35 4,427 CCDF Plan Amendments ...... 253 .5 3 380

Estimated Total Annual Burden collection of Information between 30 to N.W., Washington, D.C. 20503, Attn: Hours: 4,807. 60 days after publication of this Ms. Lori Schack. Additional Information: Copies of the document in the Federal Register. Dated: March 4, 1999. proposed collection may be obtained by Therefore, a comment is best assured to Bob Sargis, writing to The Administration for having its full effect if OMB receives it Children and Families, Office of within 30 days of publication. Written Acting Reports Clearance Officer. Information Services, 370 L’Enfant comments and recommendations for the [FR Doc. 99–5742 Filed 3–8–99; 8:45 am] Promenade, S.W., Washington, D.C. proposed information collection should BILLING CODE 4184±01±M 20447, Attn: ACF Reports Clearance be sent directly to the following: Office Officer. of Management and Budget, Paperwork OMB Comment: OMB is required to Reduction Project, 725 17th Street, make a decision concerning the

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DEPARTMENT OF HEALTH AND Secretary of Health and Human Services received by HRSA on July 2, 1998, HUMAN SERVICES is named as the respondent in all through December 23, 1998. proceedings brought by the filing of Section 2112(b)(2) also provides that Health Resources and Services petitions for compensation under the the special master ‘‘shall afford all Administration Program, the United States Court of interested persons an opportunity to Federal Claims is charged by statute submit relevant, written information’’ National Advisory Council on Nurse with responsibility for considering and relating to the following: Education and Practice; Meeting acting upon the petitions. 1. The existence of evidence ‘‘that In accordance with section 10(a)(2) of FOR FURTHER INFORMATION CONTACT: For there is not a preponderance of the the Federal Advisory Committee Act information about requirements for evidence that the illness, disability, (Pub. L. 92–463), announcement is filing petitions, and the Program injury, condition, or death described in made of the following National generally, contact the Clerk, United the petition is due to factors unrelated Advisory body scheduled to meet States Court of Federal Claims, 717 to the administration of the vaccine during the month of April 1999. Madison Place, N.W., Washington, D.C. described in the petition,’’ and 2. Any allegation in a petition that the Name: National Advisory Council on 20005; (202) 219–9657. For information Nurse Education and Practice (NACNEP). on HRSA’s role in the Program, contact petitioner either: Date and Time: April 15, 1999; 8:30 a.m.— the Director, National Vaccine Injury (a) ‘‘Sustained, or had significantly 5:00 p.m., April 16, 1999; 8:30 a.m.—3:00 Compensation Program, 5600 Fishers aggravated, any illness, disability, p.m. Lane, Room 8A–46, Rockville, MD injury, or condition not set forth in the Place: Chesapeake Room, Silver Spring 20857; (301) 443–6593. Table but which was caused by’’ one of Holiday Inn, 8777 Georgia Avenue, Silver the vaccines referred to in the Table, or Spring, Maryland 20910. SUPPLEMENTARY INFORMATION: The (b) ‘‘Sustained, or had significantly The meeting is open to the public. Program provides a system of no-fault aggravated, any illness, disability, Agenda: Updates on and discussion of compensation for certain individuals injury, or condition set forth in the Agency, Bureau and Division activities, and who have been injured by specified the legislative and budget status of programs; Table the first symptom or childhood vaccines. Subtitle 2 of title manifestation of the onset or significant review of issues, policy goals, and options of XXI of the PHS Act, 42 U.S.C. 300aa– National Agenda for Nursing Workforce aggravation of which did not occur Diversity; Council strategic planning; and 10 et seq., provides that those seeking within the time period set forth in the profile of the Nursing Education compensation are to file a petition with Table but which was caused by a Opportunities for Individuals from the U.S. Court of Federal Claims and to vaccine’’ referred to in the Table. Disadvantaged Backgrounds Program. serve a copy of the petition on the This notice will also serve as the Anyone interested in obtaining a roster of Secretary of Health and Human special master’s invitation to all members, minutes of the meeting, or other Services, who is named as the interested persons to submit written relevant information should write or contact respondent in each proceeding. The Ms. Elaine G. Cohen, Executive Secretary, information relevant to the issues Secretary has delegated her described above in the case of the National Advisory Council on Nurse responsibility under the Program to Education and Practice, Parklawn Building, petitions listed below. Any person Room 9–35, 5600 Fishers Lane, Rockville, HRSA. The Court is directed by statute choosing to do so should file an original Maryland 20857, telephone (301) 443–5786. to appoint special masters who take and three (3) copies of the information Agenda items are subject to change as evidence, conduct hearings as with the Clerk of the U.S. Court of priorities dictate. appropriate, and make initial decisions Federal Claims at the address listed Dated: March 3, 1999. as to eligibility for, and amount of, above (under the heading FOR FURTHER Jane M. Harrison, compensation. INFORMATION CONTACT), with a copy to Director, Division of Policy Review and A petition may be filed with respect HRSA addressed to Director, Bureau of Coordination. to injuries, disabilities, illnesses, Health Professions, 5600 Fishers Lane, [FR Doc. 99–5679 Filed 3–8–99; 8:45 am] conditions, and deaths resulting from Room 8–05, Rockville, MD 20857. The BILLING CODE 4160±15±P vaccines described in the Vaccine Injury Court’s caption (Petitioner’s Name v. Table (the Table) set forth at section Secretary of Health and Human 2114 of the PHS Act or as set forth at Services) and the docket number DEPARTMENT OF HEALTH AND 42 CFR 100.3, as applicable. This Table assigned to the petition should be used HUMAN SERVICES lists for each covered childhood vaccine as the caption for the written the conditions which will lead to submission. Health Resources and Services compensation and, for each condition, Chapter 35 of title 44, United States Administration the time period for occurrence of the Code, related to paperwork reduction, first symptom or manifestation of onset does not apply to information required National Vaccine Injury Compensation or of significant aggravation after for purposes of carrying out the Program; List of Petitions Received vaccine administration. Compensation Program. AGENCY: may also be awarded for conditions not Health Resources and Services List of Petitions Administration, HHS. listed in the Table and for conditions that are manifested after the time ACTION: Notice. 1. Casey and Charles Riley on behalf of periods specified in the Table, but only Haley Brooke Riley, Birmingham, SUMMARY: The Health Resources and if the petitioner shows that the Alabama, Court of Federal Claims Services Administration (HRSA) is condition was caused by one of the Number 98–0561 V publishing this notice of petitions listed vaccines. 2. Patricia A. Cooper, Honolulu, Hawaii, received under the National Vaccine Section 2112(b)(2) of the PHS Act, 42 Court of Federal Claims Number 98– Injury Compensation Program (‘‘the U.S.C. 300aa–12(b)(2), requires that the 0572 V Program’’), as required by section Secretary publish in the Federal 3. Marilyn L. Dodd on behalf of Heather 2112(b)(2) of the Public Health Service Register a notice of each petition filed. R. Dodd, Tulsa, Oklahoma, Court of (PHS) Act, as amended. While the Set forth below is a list of petitions Federal Claims Number 98–0575 V

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4. Amy Letterman on behalf of Blake 23. Kimberly Byfield on behalf of Avery 42. Teresa Martinez on behalf of Steven Letterman, Springfield, Missouri, Byfield, Boston, Massachusetts, Court Martinez, South Gate, California, Court of Federal Claims Number 98– of Federal Claims Number 98–0701 V Court of Federal Claims Number 98– 0584 V 24. Randi Taylor Munsell on behalf of 0818 V 5. Teresa Fitzgerald on behalf of Kyle Taylor Lane Munsell, Sarasota, 43. Evangelina Uvalle on behalf of Thomas Kerr, North Chili, New York, Florida, Court of Federal Claims Bryan Perez, Waco, Texas, Court of Court of Federal Claims Number 98– Number 98–0702 V Federal Claims Number 98–0824 V 0587 V 25. Robert C. Hockett, Lawrence, 44. Natashia Brown on behalf of Willie 6. Tania Murray on behalf of Chastity Kansas, Court of Federal Claims Brown, III, Rockledge, Florida, Court Murray, Poteau, Oklahoma, Court of Number 98–0723 V of Federal Claims Number 98–0830 V Federal Claims Number 98–0607 V 26. LaNette C. Terrell on behalf of 45. Donald Dorman on behalf of Alston 7. Jessicah R. Mangan, East Stroudsburg, Naydeen Terrell, Deceased, Chicago, Ray Dorman, Deceased, Jasper, Pennsylvania, Court of Federal Claims Illinois, Court of Federal Claims Alabama, Court of Federal Claims Number 98–0607 V Number 98–0732 V Number 98–0831 V 8. Robin and Timothy Faber on behalf 27. Rosemary and Matt Atole on behalf 46. Andrea Shirk, Wells, Minnesota, of Ryan Timothy Faber, Tampa, of Matt Lee Atole, Carlsbad, New Court of Federal Claims Number 98– Florida, Court of Federal Claims Mexico, Court of Federal Claims 0839 V Number 98–0617 V Number 98–0737 V 47. Gale Sikora on behalf of Anthony 9. Karen and Wendell Lee Copeland on 28. Debbie and Jim Phillips on behalf of Sikora, Vienna, Virginia, Court of behalf of Kyle Christian Copeland, Julia Phillips, Orlando, Florida, Court Federal Claims Number 98–0843 V Springfield, Missouri, Court of of Federal Claims Number 98–0744 V 48. Cynthia DeSouza on behalf of Stacey Federal Claims Number 98–0618 V 29. Mamie Lovett on behalf of Seni DeSouza, Newark, New Jersey, Court 10. Joan Viscontini on behalf of Paul Lovett, Vienna, Virginia, Court of of Federal Claims Number 98–0845 V Viscontini, Vienna, Virginia, Court of Federal Claims Number 98–0749 V 49. Cynthia DeSouza on behalf of Stacey Federal Claims Number 98–0619 V 30. Christine Beville on behalf of Mason DeSouza, Newark, New Jersey, Court 11. Bohn D. Dunbar, Ph.D., Vienna, Beville, Houston, Texas, Court of of Federal Claims Number 98–0846 V 50. Kimberly and Thomas Francis on Virginia, Court of Federal Claims Federal Claims Number 98–0755 V behalf of Victoria Francis, West Number 98–0627 V 31. Stephanie Voung and Ken Tran on 12. Susan and Scott Fahey on behalf of behalf of Phillip VT Tran, Deceased, Chester, Pennsylvania, Court of Morgan Fahey, New York, New York, Tampa, Florida, Court of Federal Federal Claims Number 98–0853 V 51. Rosemary and Joseph Curtin on Court of Federal Claims Number 98– Claims Number 98–0756 V behalf of Mary Clare Curtin, 0633 V 32. Shirley Bachini on behalf of Joseph Winchester, Virginia, Court of Federal 13. Patricia Hittner on behalf of Angela J. Bachini, II, Peabody, Massachusetts, Claims Number 98–0870 V O’Connell, Boston, Massachusetts, Court of Federal Claims Number 98– 52. Idalia Williford on behalf of Zoe Court of Federal Claims Number 98– 0757 V Williford, Summit, New Jersey, Court 33. Anneta Olevskaya, Encino, 0638 V of Federal Claims Number 98–0889 V 14. Martha J. Toomey on behalf of California, Court of Federal Claims 53. Idalia Williford on behalf of Melissa Jeffrey A. McCord, Washington, D.C., Number 98–0773 V Williford, Deceased, Summit, New Court of Federal Claims Number 98– 34. Denise and John Kane on behalf of Jersey, Court of Federal Claims 0643 V Rosemary Kane, Erdenheim, Number 98–0890 V 15. Tamara W. Bauer on behalf of Joy Pennsylvania, Court of Federal Claims 54. Karen Dudely, North Palm Beach, Ellen Bauer, Charleston, South Number 98–0775 V Florida, Court of Federal Claims Carolina, Court of Federal Claims 35. Sharon Perkins Falu on behalf of Number 98–0892 V Number 98–0644 V Kashara Angina Falu, Mobile, 55. Bruny Carlo on behalf of Brian 16. April and Timothy Witte on behalf Alabama, Court of Federal Claims Carlo, Elizabeth, New Jersey, Court of of Trentino Witte, Orland Park, Number 98–0779 Federal Claims Number 98–0895 V Illinois, Court of Federal Claims 36. Allison Gibson and Darlene Gibson 56. Gary Holliday on behalf of Abigail Number 98–0648 V on behalf of Emily Gibson, Dallas, Holliday, San Antonio, Texas, Court 17. Dawn S. Lowrey, Derry, New Texas, Court of Federal Claims of Federal Claims Number 98–0900 V Hampshire, Court of Federal Claims Number 98–0782 V 57. Linda Tuttle, Renton, Washington, Number 98–0657 V 37. Ellen Rulavage on behalf of Aaron Court of Federal Claims Number 98– 18. Rose and Biagio DePiano on behalf Rulavage, Pottsville, Pennsylvania, 0909 V of Domenica DePiano, Bridgeport, Court of Federal Claims Number 98– 58. Teresa Moberly on behalf of Molly Connecticut, Court of Federal Claims 0790 V Moberly, Peru, Nebraska, Court of Number 98–0659 V 38. Thad Edward Rippy, Plymouth, Federal Claims Number 98–0910 V 19. Cathy and Bruce Babcock on behalf Indiana, Court of Federal Claims 59. Barbara Beatty on behalf of Teresa of Julie Babcock, Indianapolis, Number 98–0795 V Serio, Vienna, Virginia, Court of Indiana, Court of Federal Claims 39. Todd Nilson on behalf of Joseph Federal Claims Number 98–0911 V Number 98–0660 V Edward Nilson, Deceased, Sioux City, 60. Sofia Rodriguez on behalf of Donald 20. LaWanda R. Wash, Burton, Iowa, Court of Federal Claims Number Oliver Buercklin, Deceased, Miami Michigan, Court of Federal Claims 98–0797 V Beach, Florida, Court of Federal Number 98–0669 V 40. Deanna Amato on behalf of Miranda Claims Number 98–0912 V 21. Vicki Hehr on behalf of Nicole Hehr, M. Amato, Columbus, Wisconsin, 61. Nancy and Thomas Rotary on behalf Tualatin, Oregon, Court of Federal Court of Federal Claims Number 98– of Nathan Rotary, Farmington, Claims Number 98–0670 V 0803 V Michigan, Court of Federal Claims 22. Bobbi L. Chase on behalf of 41. Sonia and Enrique Andreu on behalf Number 98–0913 V Samantha Joyce Chase, Pomona, New of Enrique M. Andreu, Miami, 62. Marla Golding, Burlington, Jersey, Court of Federal Claims Florida, Court of Federal Claims Massachusetts, Court of Federal Number 98–0678 V Number 98–0817 V Claims Number 98–0915 V

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63. Helena and John Aiken on behalf of (RR3), in the Office of Special Programs. private lending institutions and Olivia Aiken, Boston, Massachusetts, Amend the functional statement to read associations; (9) provides program Court of Federal Claims Number 98– as follows: policy interpretation and technical 0917 V assistance to other governmental and Division of Facilities and Loans 64. Theresa and Michael Cedillo on private organizations and institutions; behalf of Michelle Cedillo, Yuma, The Division plans and directs the and (10) administers the HRSA facilities Arizona, Court of Federal Claims development of regulations and program engineering and construction assistance Number 98–0916 V guidelines for administering loan, loan programs. 65. Maryanne and Gerald Nash on guarantee and interest subsidy programs Delegations of Authority behalf of Patrick T. Nash, North for health care facilities. Specifically: (1) Syracuse, New York, Court of Federal develops regulations, policy and All delegations and redelegations of Claims Number 98–0918 V procedures for administering loan and authority which were in effect 66. Blanca Bahena, Lawndale, loan guarantee with interest subsidy immediately prior to the effective date California, Court of Federal Claims programs; (2) administers the DHHS hereof have been continued in effect in Number 98–0920 V responsibility for facility construction, them or their successors pending further 67. Stanley Irving Lippmann, Seattle, renovation, and modification as redelegation. Washington, Court of Federal Claims described in interagency memoranda of This reorganization is effective upon Number 98–0923 V agreement; (3) provides overall date of signature. 68. Marilyn J. Boren, Paris, Texas, Court consultation and guidance on factors affecting future national requirements in Dated: February 26, 1999. of Federal Claims Number 98–0925 V Claude Earl Fox, 69. Andrea and Tony Arnett on behalf specific types of facilities utilization; (4) Administrator. of Andrew Arnett, Kokomo, Indiana, maintains an automated data system for Court of Federal Claims Number 98– the issuance of periodic and special [FR Doc. 99–5678 Filed 3–8–99; 8:45 am] 0933 V reports and for the manipulation of BILLING CODE 4160±15±P institution specific data in performing Dated: March 1, 1999. tests for financial feasibility; (5) assists Claude Earl Fox, in the evaluation and analysis of DEPARTMENT OF HEALTH AND Administrator. applications for construction under HUMAN SERVICES [FR Doc. 99–5680 Filed 3–8–99; 8:45 am] assigned grant programs; (6) reviews Substance Abuse and Mental Health BILLING CODE 4160±15±P and recommends action on: (a) proposals for new health facilities or Services Administration additions to or modernization of DEPARTMENT OF HEALTH AND Fiscal Year (FY) 1999 Funding existing facilities under loan programs Opportunities HUMAN SERVICES assigned to the Division, (b) requests for mortgage relief, such as forbearance of AGENCY: Substance Abuse and Mental Health Resources and Services principal and/or interest payment, Health Services Administration, HHS. Administration suspension of sinking fund deposits, ACTION: Notice of Funding Availability. Statement of Organization, Functions, modifications of loan terms, and (c) and Delegations of Authority requests for recovery and/or waiver of SUMMARY: The Substance Abuse and repayment of Federal facilities loan Mental Health Services Administration This notice amends Part R of the funds; (7) provides advice and guidance (SAMHSA) Center for Substance Abuse Statement of Organization, Functions to regional staff on statutory and Treatment (CSAT) announces the and Delegations of Authority of the regulatory provisions and policy and availability of FY 1999 funds for the Department of Health and Human procedures for administering programs following activities. These activities are Services (DHHS), Health Resources and assigned to the Division; (8) maintains discussed in more detail under Section Services Administration (60 FR 56605 liaison with and coordinates its 3 of this notice. This notice is not a as amended November 6, 1995, as last activities and jointly develops pertinent complete description of the activities; amended at 63 FR 47033, September 3, programmatic materials with other potential applicants must obtain a copy 1998). This notice reflects the revision components of the HRSA, DHHS, other of the Guidance for Applicants (GFA) of the Division of Facilities and Loans concerned Federal agencies, and with before preparing an application.

Estimated Application funds Estimated No. Project Activity deadline available of awards period (in millions)

Targeted Capacity Expansion ...... 5/10/99 $12.5 25 Up to 3 yrs. Targeted Capacity ExpansionÐHIV/AIDS ...... 6/17/99 16 40 Up to 3 yrs. HIV/AIDS Outreach Program ...... 5/18/99 7 20±25 Up to 3 yrs.

Note: SAMHSA also published notices of usually made for grant periods from one cooperative agreement applications available funding opportunities for FY 1999 to three years in duration. FY 1999 were published in the Federal Register in subsequent issues of the Federal Register. funds for activities discussed in this (Vol. 58, No. 126) on July 2, 1993. The actual amount available for announcement were appropriated by the The Public Health Service (PHS) is awards and their allocation may vary, Congress under Public Law No. 105– committed to achieving the health depending on unanticipated program 277. SAMHSA’s policies and promotion and disease prevention requirements and the volume and procedures for peer review and objectives of Healthy People 2000, a quality of applications. Awards are Advisory Council review of grant and PHS-led national activity for setting

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11479 priority areas. The SAMHSA Centers’ Applications received after the improve health and reduce illness, substance abuse and mental health deadline date and those sent to an death, disability, and cost to society. services activities address issues related address other than the address specified Reinventing government, with its to Healthy People 2000 objectives of above will be returned to the applicant emphases on redefining the role of Mental Health and Mental Disorders; without review. Federal agencies and on improving Alcohol and Other Drugs; Clinical FOR FURTHER INFORMATION CONTACT: customer service, has provided Preventive Services; HIV Infection; and Requests for activity-specific technical SAMHSA with a welcome opportunity Surveillance and Data Systems. information should be directed to the to examine carefully its programs and Potential applicants may obtain a copy program contact person identified for activities. As a result of that process, of Healthy People 2000 (Full Report: each activity covered by this notice (see SAMHSA moved assertively to create a Stock No. 017–001–00474–0) or Section 3). renewed and strategic emphasis on Summary Report: Stock No. 017–001– Requests for information concerning using its resources to generate 00473–1) through the Superintendent of business management issues should be knowledge about ways to improve the Documents, Government Printing directed to the grants management prevention and treatment of substance Office, Washington, DC 20402–9325 contact person identified for each abuse and mental illness and to work (Telephone: 202–512–1800). activity covered by this notice (see with State and local governments as GENERAL INSTRUCTIONS: Applicants must Section 3). well as providers, families, and use application form PHS 5161–1 (Rev. SUPPLEMENTARY INFORMATION: To consumers to effectively use that 5/96; OMB No. 0937–0189). The facilitate the use of this Notice of knowledge in everyday practice. application kit contains the GFA Funding Availability, information has SAMHSA differs from other agencies (complete programmatic guidance and been organized as outlined in the Table in focusing on needed information at instructions for preparing and of Contents below. For each activity, the the services delivery level, and in its submitting applications), the PHS 5161– following information is provided: question-focus. Dissemination and 1 which includes Standard Form 424 • Application Deadline. application are integral, major features (Face Page), and other documentation • Purpose. of the programs. SAMHSA believes that and forms. Application kits may be • Priorities. it is important to get the information obtained from the organization specified • Eligible Applicants. into the hands of the public, providers, for each activity covered by this notice • Grants/Amounts. and systems administrators as (see Section 3). • Catalog of Federal Domestic effectively as possible. Technical When requesting an application kit, Assistance Numbers. assistance, training, preparation of the applicant must specify the particular • Contacts. special materials will be used, in activity for which detailed information • Application Kits. addition to normal communications is desired. This is to ensure receipt of means. Table of Contents all necessary forms and information, SAMHSA also continues to fund including any specific program review 1. Program Background and Objectives legislatively-mandated services and award criteria. 2. Criteria for Review and Funding programs for which funds are 2.1 General Review Criteria appropriated. The PHS 5161–1 application form and 2.2 Funding Criteria for Scored the full text of each of the activities (i.e., Applications 2. Criteria for Review and Funding the GFA) described in Section 4 are 3. Special FY 1999 Substance Abuse and available electronically via SAMHSA’s Mental Health Services Activities Consistent with the statutory mandate World Wide Web Home Page (address: 3.1. Grants to Expand Substance Abuse for SAMHSA to support activities that http://www.samhsa.gov). Treatment Capacity in Targeted Areas of will improve the provision of treatment, Need (Short Title: Targeted Capacity prevention and related services, APPLICATION SUBMISSION: Unless Expansion, GFA No. TI 99–002) including the development of national otherwise stated in the GFA, 3.2. Targeted Capacity Expansion mental health and substance abuse goals applications must be submitted to: Program for Substance Abuse Treatment and model programs, competing SAMHSA Programs, Center for and HIV/AIDS Services (Short Title: applications requesting funding under TCE/HIV, GFA No. TI 99–004) Scientific Review, National Institutes of the specific project activities in Section Health, Suite 1040, 6701 Rockledge 3.3. Community-Based Substance Abuse and HIV/AIDS Outreach Program (Short 3 will be reviewed for technical merit in Drive MSC–7710, Bethesda, Maryland accordance with established PHS/ 20892–7710 * (* Applicants who wish to Title: HIV/AIDS Outreach Program, GFA No. TI 99–005) SAMHSA peer review procedures. use express mail or courier service 3.4. SAMHSA/CSAT FY 1999 Programs should change the zip code to 20817.) for Substance Abuse Treatment and/or 2.1 General Review Criteria APPLICATION DEADLINES: The deadlines HIV/AIDS Services As published in the Federal Register for receipt of applications are listed in 3.5. SAMHSA Technical Assistance on July 2, 1993 (Vol. 58, No. 126), the table above. Please note that the Workshop SAMHSA’s ‘‘Peer Review and Advisory deadlines may differ for the individual 4. Public Health System Reporting Requirements Council Review of Grant and activities. 5. PHS Non-use of Tobacco Policy Statement Cooperative Agreement Applications Competing applications must be 6. Executive Order 12372 and Contract Proposals,’’ peer review received by the indicated receipt dates groups will take into account, among to be accepted for review. An 1. Program Background and Objectives other factors as may be specified in the application received after the deadline SAMHSA’s mission within the application guidance materials, the may be acceptable if it carries a legible Nation’s health system is to improve the following general criteria: proof-of-mailing date assigned by the quality and availability of prevention, • Potential significance of the carrier and that date is not later than early intervention, treatment, and proposed project; one week prior to the deadline date. rehabilitation services for substance • Appropriateness of the applicant’s Private metered postmarks are not abuse and mental illnesses, including proposed objectives to the goals of the acceptable as proof of timely mailing. co-occurring disorders, in order to specific program;

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• Adequacy and appropriateness of for a targeted response to treatment needs of their citizens, and because the the proposed approach and activities; capacity problems including success of the program will depend • Adequacy of available resources, communities with serious, emerging upon the authority and ability available such as facilities and equipment; drug problems as well as communities to broadly coordinate the variety of • Qualifications and experience of the with innovative solutions to unmet resources to ensure full program applicant organization, the project needs. Applicants must have an existing success. Furthermore, in addition to director, and other key personnel; and • infrastructure (facility/program) and licensure, applicants/proposed Reasonableness of the proposed may either apply to expand (add providers of services must have been budget. treatment slots) an existing treatment providing substance abuse treatment 2.2 Funding Criteria for Scored program or create a new program. The services for a minimum of two years Applications proposed treatment services must be prior to the date of application. Without Applications will be considered for based on sound, scientifically based this documentation, applications will be funding on the basis of their overall theory or empirical evidence of considered ineligible and not technical merit as determined through effectiveness. Further, the services considered for peer review. SAMHSA the peer review group and the should be designed to significantly believes that only existing providers appropriate National Advisory Council impact the identified treatment gap or have the infrastructure and expertise to (if applicable) review process. emerging issue within the three year address emerging and unmet needs as Other funding criteria will include: grant period. A plan for continuation of quickly as possible. CSAT is interested • Availability of funds. the effort beyond the life of the grant in applications from local governments Additional funding criteria specific to should be presented if such because they are closer to the problem the programmatic activity may be continuation is expected to be and in a better position to identify included in the application guidance necessary. Finally, the proposed emerging needs and respond quickly; materials. services should be consistent with and therefore, in its award decision-making fit within the overall response to process, CSAT will give priority to 3. Special FY 1999 SAMHSA Activities substance abuse problems in the target applications from local (cities, towns, 3.1. Grants to Expand Substance Abuse area. counties) governments, and Indian Treatment in Targeted Areas of Need • Eligible Applicants: Only units of Tribes and tribal organizations. (Short Title: Targeted Capacity local (cities, towns, counties) and State • Grants/Amounts: Approximately Expansion, GFA No. TI 99–002) governments and Indian Tribes and $12.5 million will be available to • Application Deadline: May 10, tribal organizations (as defined in the support awards in FY 1999. Of this 1999. Indian Self-Determination Act—25 amount, $8 million is available for • Purpose: The Substance Abuse and U.S.C., section 450b) are eligible to general program applications from units Mental Health Services apply. These applicants may engage of local (cities, towns, counties) and Administration’s (SAMHSA) Center for (coordinate/subcontract) the skills of a State government, and Indian Tribes Substance Abuse Treatment (CSAT) wide variety of private, non-profit, and and tribal organizations; up to $2 announces the availability of funds for community-based organizations not million is reserved for applications from grants to expand substance abuse eligible to apply on their own; however, such entities from Alaska for new treatment capacity in targeted areas. the applicant will be legally, projects (for women and children in This program is designed to address administratively and fiscally rural areas) and Iowa (for gaps in treatment capacity by responsible for the grant. This is not a methamphetamine abuse) as was supporting rapid and strategic responses pass through arrangement; ‘‘umbrella’’ specified in Congressional report to demands for substance abuse applications will not be accepted for language; and up to $2.5 million is (including alcohol and drug) treatment review. Eligibility is being limited to reserved for applications from such services. This announcement is a cities, towns, counties, regional government entities specifically reissuance (with revisions) of a prior authorities, boroughs, States, Tribes, addressing substance abuse and HIV/ announcement by the same title, and tribal organizations in recognition AIDS in African American, Hispanic/ ‘‘Targeted Capacity Expansion,’’ GFA of the primacy of their responsibility Latino, and other racial/ethnic minority No. TI 98-006. Applications are solicited for, and interest in, providing for the communities.

AVAILABILITY OF FUNDS: FY 1999

Eligible Entities: All applicants must be units of local or State government or Indian Tribes and tribal organizations Available funds

Entities from Alaska that address women and children in rural areas, and ...... Up to $1 million. Entities from Iowa that address methamphetamine abuse ...... Up to $1 Million. Entities that specifically address substance abuse and HIV/AIDS in African American, Hispanic/Latino, and/or other ra- Up to $2.5 million. cial/ethnic minority communities. Applications will be divided into two population categories for purposes of review: Ðthose proposing to serve populations of more than 30,000; and Ðthose proposing to serve populations of 30,000 or fewer whether urban or rural. General Program Entities. Applications will be divided into two population categories for purposes of review: Up to $8 million*. Ðthose proposing to serve populations of more than 30,000; and Ðthose proposing to serve populations of 30,000 or fewer whether urban or rural.

Total ...... $12.5 million * Average awards of $100,000±$500,000 apply to these entities.

Support may be requested for a period In accordance with the Congressional previously planned targeted HIV/AIDS of up to three (3) years. conference agreement and based on activities, the $2.5 million noted above

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As required by the Application Deadline: June 17, community-based organizations that Targeted Capacity Expansion program, 1999. have the capacity to provide substance applicants applying for grants to • Purpose: The Substance Abuse and abuse treatment services to African enhance or expand substance abuse Mental Health Services American, Hispanic/Latino, and other treatment and HIV/AIDS, STDs, TB, and Administration’s (SAMHSA) Center for racial/ethnic minority communities. hepatitis B and C services must have an Substance Abuse Treatment (CSAT) Targeted communities must be located existing infrastructure (program/ announces the availability of funds for in a metropolitan statistical area (MSA) facility). Applicants may request grants to enhance and expand substance with an annual AIDS case rate of 20/ funding to: (1) Expand organizational abuse treatment and services related to 100,000 or in a State with an annual capacity to provide a more HIV/AIDS in African American, AIDS case rate of or greater than 10/ comprehensive array of community- Hispanic/Latino, and other racial/ethnic 100,000. SAMHSA CSAT’s intention is based services through well defined minority communities highly affected to target areas at highest risk for HIV linkages to other organizations/ by the twin epidemics of substance transmission. In the absence of providers; (2) expand program capacity abuse and HIV/AIDS. This program consistent reporting of HIV data by all by increasing the number of slots in a seeks to address gaps in substance abuse jurisdictions, the best indicator of the residential, day, or outpatient substance treatment capacity, and increase the magnitude of the epidemic is AIDS case abuse treatment program, or by adding accessibility and availability of rates derived from Center for Disease a new component (outpatient/ substance abuse treatment and related Control and Prevention HIV/AIDS continuing care) to an existing program; HIV/AIDS services (including STDs, TB Surveillance Reports. • (3) expand a core program to and hepatitis B and C) to African In addition to the basic accommodate clients who are HIV American, Hispanic/Latino, and other requirements for eligibility, applicants positive or AIDS symptomatic; and (4) racial/ethnic minority substance must provide evidence of providing enhance accessibility of existing HIV/ abusers. This announcement solicits substance abuse treatment services for a AIDS, STDs, TB, and hepatitis B and C applications for innovative targeted minimum of two years prior to the services by adding community health responses to the epidemic of substance application. SAMHSA CSAT believes education and risk reduction abuse and related HIV/AIDS. that only existing providers have the programming, outreach services, mobile • SAMHSA CSAT is soliciting infrastructure and expertise to address HIV, STD, TB, and hepatitis B and C applications from organizations that emerging and unmet needs as quickly as services including counseling/testing/ have the capacity to provide substance possible. • Grants/Amounts: Approximately treatment capabilities. Federal funds abuse treatment services to African $16 million will be available to support may not be used to carry out syringe American, Hispanic/Latino, and other awards under this announcement in FY exchange programs, such as the racial/ethnic minority communities. 1999. Awards are expected to range purchase and distribution of syringes While many organizations have been from $100,000 to $600,000 (direct and and/or needles, nor can funds successful over the years in securing indirect costs) for projects directed to authorized under this program be used linkages with providers of primary the following substance abusing to pay for pharmacologies for health care, mental health, and HIV/ populations in African American, antiretroviral therapy, STDs, TB and AIDS services, these efforts have Hispanic/Latino, and other racial/ethnic hepatitis B and C. typically not provided specific minority communities: women and their • Catalog of Domestic Federal mechanisms to include the participation children (about $10 million); Assistance: 93.230. of indigenous members of the affected adolescents (about $3 million); and men • community, and those community who inject drugs and men who have sex Program Contact: For programmatic based organizations with experience in or technical assistance (not for with men and inject drugs(MSM) (about serving these communities have not $3 million). Support may be requested application kits) contact: Clifton been a critical component of the linkage Mitchell, Chief, Treatment and Systems for a period of up to three (3) years. strategy. SAMHSA CSAT is most • Catalog Domestic Federal Improvement Branch, Division of interested in applications that Practice and Systems Development, Assistance: 93.230 demonstrate a comprehensive, • Program Contact: For programmatic Center for Substance Abuse Treatment, integrated, creative and community- SAMHSA, Rockwall II, 6th Floor, 5600 or technical assistance (not for based response to a targeted, well application kits) contact: Clifton Fishers Lane, Rockville, Maryland documented substance abuse and HIV/ 20857, (301) 443–8804. Mitchell, Chief, Treatment and Systems AIDS treatment need/problem. Improvement Branch, Division of For grants management assistance, SAMHSA/CSAT believes that the Practice and Systems Development, contact: Andrea L. Brandon, Division of accomplishment of this goal requires Center for Substance Abuse Treatment, Grants Management, OPS, Substance that applications be submitted by SAMHSA, Rockwall II, 6th Floor, 5600 Abuse and Mental Health Services organizations that (1) have strong ties to Fishers Lane, Rockville, Maryland Administration, Rockwall II, 6th Floor, the grassroots/community-based 20857, (301) 443–8804. 5600 Fishers Lane, Rockville, Maryland organizations that are deeply rooted in For grants management assistance, 20857, (301) 443–9667. the culture of the targeted community, contact: Andrea L. Brandon, Division of • Application Kits are available from: and (2) have demonstrated experience Grants Management, OPS, Substance National Clearinghouse for Alcohol and in providing culturally appropriate Abuse and Mental Health Services Drug Information, P.O. Box 2345, services to the targeted communities in Administration, Rockwall II, 6th Floor, Rockville, Maryland 20847–2345, 1– the targeted area(s). 5600 Fishers Lane, Rockville, Maryland 800–729–6686. • Priorities: None. 20857, (301) 443–9667.

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• Application kits are available from: and TB; and (4) providing linkages and C. Support may be requested for a National Clearinghouse for Alcohol and follow-up primary medical care, mental period of up to three (3) years. Drug Information, P.O. Box 2345, health, and social services, as well as • Catalog of Federal Domestic Rockville, Maryland 30847–2345, 1– other prophylactic means to affect those Assistance: 93.230 800–729–6686. behavior changes most likely to • For programmatic or technical decrease the risk of acquiring or assistance (not for application kits) 3.3. Community-Based Substance Abuse contact: David C. Thompson, Clinical and HIV/AIDS Outreach Program (Short transmitting HIV, STDs, TB, hepatitis B and C and related diseases. Interventions and Organizational Model Title: HIV/AIDS Outreach Program, GFA • Branch, Division of Practice and No. TI-99–005) Priority: None. • Systems Development, Center for • Eligible Applicants: Applicants may Application Deadline: May 18, be public and domestic private non- Substance Abuse Treatment, SAMHSA, 1999. profit and for-profit entities, such as Rockwall II, 6th Floor, 5600 Fishers • Purpose: The Substance Abuse and units of State or local government and Lane, Rockville, Maryland 20857, (301) Mental Health Services community-based organizations. 443–6523, E-Mail: Administration’s (SAMHSA) Center for Eligible organizations must have two [email protected]. Substance Abuse Treatment (CSAT), years of experience in providing For grants management issues, announces the availability of funds for outreach services to out-of-treatment contact: Andrea L. Brandon, Division of grants to support community-based substance abusers, and be located in Grants Management, OPS, Substance HIV/AIDS outreach programs in African Metropolitan Statistical Areas (MSAs) Abuse and Mental Health Services American, Hispanic/Latino, and other with annual AIDS case rates that are Administration, Rockwall II, 6th Floor, racial/ethnic minority communities greater than 20 per 100,000 or in States 5600 Fishers Lane, Rockville, Maryland with high rates of substance abuse and with annual AIDS case rates greater than 20857, (301) 443–9667. AIDS. This program, hereinafter referred • For application kits, contact: to as the ‘‘HIV/AIDS Outreach 10 per 100,000 population. While SAMHSA/CSAT acknowledges that National Clearinghouse for Alcohol and Program’’, is designed to develop Drug Information, P.O. Box 2345, community-based outreach projects to outreach services provide a vital adjunctive resource to treatment Rockville, MD 20847–2345, 1–800–729– provide HIV counseling and testing 6686. services, health education and risk irrespective of the locality, SAMHSA’s reduction information, access and intention in this announcement is to 3.4. SAMHSA/CSAT FY 1999 Programs referrals to sexually transmitted disease target areas deemed to be at highest risk for Substance Abuse Treatment and/or (STD) and Tuberculosis (TB) testing, for HIV transmission. In the absence of HIV/AIDS Services substance abuse treatment, primary consistent reporting of HIV SAMHSA/CSAT has three FY 1999 care, mental health and medical services seroprevalence data by all jurisdictions, programs under which funding is for those who are HIV positive or have the best indicators of the magnitude of available for substance abuse treatment AIDS. the epidemic are AIDS case rates and/or HIV/AIDS services. The three The purpose of this announcement is derived from the Centers for Disease programs are: TI 99–002—Grants to to promote behavioral transition and Control and Prevention (CDC) HIV Expand Substance Abuse Treatment change among injecting drug users Surveillance Reports. In addition, Capacity in Targeted Areas of Need; TI (IDUs) and other drug users with respect SAMHSA/CSAT believes that only 99–004—Targeted Capacity Expansion to risk exposures to HIV infection, existing providers have the Program for Substance Abuse Treatment STDs, TB and hepatitis, and to increase infrastructure and the expertise to and HIV/AIDS Services; and TI 99– the number of substance abusers address unmet outreach needs as 005—Community Based Substance entering treatment among African quickly as possible. • Abuse and HIV/AIDS Outreach American, Hispanic/Latino, and other SAMHSA/CSAT encourages Program. The eligibility requirements racial/ethnic minority populations in applications from substance abuse vary for each program; therefore, high AIDS case rate areas. treatment programs, AIDS-specific potential applicants must refer to the All applicants are expected to develop organizations, community-based specific announcement to determine if outreach program strategies that can organizations, community health they are eligible to apply. effectively target women who are IDUs, centers, STD clinics, or other entities the sexual partners of IDUs, sex workers (e.g., central intake and referral 3.5. SAMHSA Technical Assistance or women who exchange sex for drugs, agencies, TASC agencies) that have a Workshop men who are IDUs and their needle good record of reaching and serving SAMHSA is sponsoring three sharing partners, men who have sex hardcore, chronic drug users and their- technical assistance workshops for with men (MSM) and MSM who inject sex/needle-sharing partner(s) and potential applicants. The workshops drugs, and adolescents. Projects are facilitating their entry into substance will be held at the following locations: expected to formulate an overall abuse treatment. March 11, 1999—Washington, DC; outreach strategy that specifies the • Grants/Amounts: Approximately March 17, 1999—Chicago, IL; and proposed interventions and how they $7.0 million will be available in FY March 19—Los Angeles, CA. For more will affect behavior change in the 1999 to support 20–25 awards under information, please call Ms. Lisa Wilder, targeted population(s). Projects are this announcement. The average award Workshop Coordinator, at 301–984– expected to accomplish this by: (1) is expected to range from $300,000 to 1471, extension 333. providing community-based outreach $400,000 in total costs (direct + services to encourage entry and indirect). Federal funds awarded under 4. Public Health System Reporting facilitate access to substance abuse this announcement may not be used to Requirements treatment; (2) offering HIV/AIDS risk carry out syringe exchange programs, The Public Health System Impact reduction education interventions; (3) such as the purchase and distribution of Statement (PHSIS) is intended to keep making available medical diagnostic syringes and/or needles; nor pay for State and local health officials apprised testing and screening for HIV, STDs, pharmacologics for antiretroviral of proposed health services grant and (e.g., syphilis, gonorrhea, chlamydia), therapy, STDs, TB and hepatitis B and cooperative agreement applications

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11483 submitted by community-based application(s) and to receive any Southwest, Washington, DC 20410, nongovernmental organizations within necessary instructions on the State’s telephone (202) 708–1305. This is not a their jurisdictions. review process. For proposed projects toll-free number. Copies of the proposed Community-based nongovernmental serving more than one State, the forms and other available documents service providers who are not applicant is advised to contact the SPOC submitted to OMB may be obtained transmitting their applications through of each affected State. A current listing from Mr. Eddins. the State must submit a PHSIS to the of SPOCs is included in the application SUPPLEMENTARY INFORMATION: The head(s) of the appropriate State and guidance materials. The SPOC should Department has submitted the proposal local health agencies in the area(s) to be send any State review process for the collection of information, as affected not later than the pertinent recommendations directly to: Office of described below, to OMB for review, as receipt date for applications. This Extramural Activities Review, required by the Paperwork Reduction PHSIS consists of the following Substance Abuse and Mental Health Act (44 U.S.C. Chapter 35). information: Services Administration, Parklawn The Notice lists the following a. A copy of the face page of the Building, Room 17–89, 5600 Fishers information: (1) The title of the application (Standard form 424). Lane, Rockville, Maryland 20857. information collection proposal; (2) the b. A summary of the project (PHSIS), The due date for State review process office of the agency to collect the not to exceed one page, which provides: recommendations is no later than 60 information; (3) the OMB approval (1) A description of the population to days after the specified deadline date for number, if applicable; (4) the be served. the receipt of applications. SAMHSA description of the need for the (2) A summary of the services to be does not guarantee to accommodate or information and its proposed use; (5) provided. explain SPOC comments that are (3) A description of the coordination the agency form number, if applicable; received after the 60-day cut-off. planned with the appropriate State or (6) what members of the public will be local health agencies. Dated: March 4, 1999. affected by the proposal; (7) how State and local governments and Nelba Chavez, frequently information submissions will Indian Tribal Authority applicants are Administrator, SAMHSA. be required; (8) an estimate of the total not subject to the Public Health System [FR Doc. 99–5761 Filed 3–8–99; 8:45 am] number of hours needed to prepare the Reporting Requirements. BILLING CODE 4162±20±P information submission including Application guidance materials will number of respondents, frequency of specify if a particular FY 1999 activity response, and hours of response; (9) described above is/is not subject to the DEPARTMENT OF HOUSING AND whether the proposal is new, an Public Health System Reporting URBAN DEVELOPMENT extension, reinstatement, or revision of Requirements. an information collection requirement; [Docket No. FR±4441±N±18] 5. PHS Non-use of Tobacco Policy and (10) the names and telephone Statement Submission for OMB Review: numbers of an agency official familiar Comment Request with the proposal and of the OMB Desk The PHS strongly encourages all grant Officer for the Department. and contract recipients to provide a AGENCY: Office of the Assistant smoke-free workplace and promote the Authority: Section 3507 of the Paperwork Secretary for Administration, HUD. non-use of all tobacco products. In Reduction Act of 1995, 44 U.S.C. 35, as amended. addition, Public Law 103–227, the Pro- ACTION: Notice. Dated: March 3, 1999. Children Act of 1994, prohibits smoking SUMMARY: The proposed information David S. Cristy, in certain facilities (or in some cases, collection requirement described below any portion of a facility) in which Director, IRM Policy and Management has been submitted to the Office of Division. regular or routine education, library, Management and Budget (OMB) for day care, health care, or early childhood review, as required by the Paperwork Notice of Submission of Proposed development services are provided to Reduction Act. The Department is Information Collection to OMB children. This is consistent with the soliciting public comments on the Title of Proposal: Single Family PHS mission to protect and advance the subject proposal. physical and mental health of the Premium Collection Subsystem— DATES: Comments due date: April 1, American people. Periodic (SEPCS–P). 1999. Office: Housing. 6. Executive Order 12372 ADDRESSES: Interested persons are OMB Approval Number: 2502–XXXX. invited to submit comments regarding Applications submitted in response to Description of the Need for the all FY 1999 activities listed above are this proposal. Comments must be received within thirty (30) days from the Information and its Proposed Use: The subject to the intergovernmental review SEPCS–P will be used to collect requirements of Executive Order 12372, date of this Notice. Comments should refer to the proposal by name and/or mortgages monthly mortgage insurance as implemented through DHHS premiums. CFR 203.264 requires regulations at 45 CFR Part 100. E.O. OMB approval number and should be sent to: Joseph F. Lackey, Jr., OMB Desk mortgages to pay monthly MIP’s 12372 sets up a system for State and electronically. local government review of applications Officer, Office of Management and for Federal financial assistance. Budget, Room 10235, New Executive Form Number: None. Applicants (other than Federally Office Building, Washington, DC 20503. Respondents: State, Local or Tribal recognized Indian tribal governments) FOR FURTHER INFORMATION CONTACT: Government Business or Other For- should contact the State’s Single Point Wayne Eddins, Reports Management Profit. of Contact (SPOC) as early as possible to Officer, Department of Housing and Frequency of Submission: Monthly. alert them to the prospective Urban Development, 451 7th Street, Reporting burden:

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Number of re- × Frequency of × Hours per re- spondents response sponse = Burden hours

18,000 12 1 21,600

Total Estimated Burden Hours: awarded under the Public and Assisted Members of affected public: Nine 21,600. Housing Drug Elimination Act of 1990. housing agencies, and an estimated 13 Status: New Collection. The investigation is required by Subtitle private security companies (for profit or Contact: Natalie Yee, HUD, (202) 708– G, Section 587 of the Quality Housing non-profit/resident operated). 1858 × 3500 Joseph F. Lackey, Jr., OMB, and Work Responsibility Act of 1998. Estimation of the total numbers of (202) 395–7316. The investigation covers only housing hours needed to prepare the information Dated: March 3, 1999. agencies that own or operate more than collection including number of [FR Doc. 99–5803 Filed 3–8–99; 8:45 am] 4,500 public housing dwelling units. respondents, frequency of response, and hours of response: Nine public housing BILLING CODE 4201±01±M For each such agency, the Secretary must: (1) Determine whether the agencies and an estimated 13 security contractors under these contracts have companies will prepare responses to the DEPARTMENT OF HOUSING AND complied with all laws and regulations questionnaire for a total of 148 hours URBAN DEVELOPMENT regarding prohibition of discrimination preparation time. This will be a one- in hiring practices; (2) determine time report. [Docket No. FR±4443±N±03] whether the security contracts were Status of the proposed information collection: Notice of Submission of Proposed awarded in accordance with applicable Information Collection to OMB; laws and regulations; (3) determine how Authority: The Paperwork Reduction Act Emergency Comment Request many security contracts were awarded of 1995, 44 U.S.C. Chapter 35, as amended. under emergency contracting Dated: March 2, 1999. AGENCY: Office of the Assistant procedures; and (4) evaluate the David S. Cristy, Secretary for Public and Indian effectiveness of the security contracts. Director, IRM Policy and Management Housing, HUD. The Secretary is required to submit the Division. ACTION: Notice. findings of the investigation to the [FR Doc. 99–5804 Filed 3–8–99; 8:45 am] Congress no later than April 21, 1999. SUMMARY: The proposed information BILLING CODE 4210±33±M collection requirement described below Justification For Emergency Processing has been submitted to the Office of Emergency processing of this request DEPARTMENT OF THE INTERIOR Management and Budget (OMB) for is necessary in order to complete the emergency review and approval, as required investigation and compile the Office of the Secretary required by the Paperwork Reduction findings by the congressional deadline Act. The Department is soliciting public of April 21, 1999. American Samoa Economic Advisory comments on the subject proposal. This Notice is soliciting comments Commission DATES: Comments Due Date: March 16, from members of the public and AGENCY: 1999. affecting agencies concerning the Office of Insular Affairs, ADDRESSES: Interested persons are proposed collection of information to: Interior. invited to submit comments regarding (1) Evaluate the accuracy of the agency’s ACTION: American Samoa Economic this proposal. Comments must be estimate of the burden of the proposed Advisory Commission—notice of received within seven (7) days from the collection of information; (2) Enhance meeting. date of this Notice. Comments should the quality, utility, and clarity of the SUMMARY: The American Samoa refer to the proposal by name and information to be collected; and (3) Economic Advisory Commission will should be sent to: Joseph F. Lackey, Jr., Minimize the burden of the collection of conduct its first organizational meeting HUD Desk Officer, Office of information on those who are to on Wednesday, March 24, 1999, in Management and Budget, New respond. This Notice also lists the Washington, D.C. The meeting will Executive Office Building, Washington, following information: convene at 3:00 p.m. at Room 7000 of DC 20503. Title of Proposal: Public Housing the Main Interior Building, Department FOR FURTHER INFORMATION CONTACT: Drug Elimination Program Security of the Interior, 1849 C Street, N.W. The Wayne Eddins, Reports Management Contracts Review. purpose of the meeting is to introduce Officer, Department of Housing and OMB Control Number, if applicable: the members and organize the Urban Development, 451 Seventh Street, Description of the need for the commission, discuss its objectives and SW, Washington, DC 20410, telephone information and proposed use: This goals, and plan for future hearings. The (202) 708–0050. This is not a toll-free information collection is needed to meeting is open to the public. number. Copies of available documents respond to the statutory requirement for FOR FURTHER INFORMATION CONTACT: submitted to OMB may be obtained an investigation of currently operating Nikolao I. Paula, Jr., Office of Insular from Mr. Eddins. security contracts awarded under the Affairs, Department of the Interior, 1849 SUPPLEMENTARY INFORMATION: This Public and Assisted Housing Drug C Street, N.W., MS 4328, Washington, Notice informs the public that the Elimination Act of 1990. The statutory D.C. 20240, (202) 206–6816. Department of Housing and Urban requirement is contained in Subtitle G, Development (HUD) has submitted to Section 587 of the Quality Housing and Dated: March 3, 1999. OMB, for emergency processing, an Work Responsibility Act of 1998, Pub. Allen P. Stayman, information collection package with L. 105–276. Director, Office of Insular Affairs. respect to conducting an investigation of Agency form numbers, if applicable: [FR Doc. 99–5756 Filed 3–8–99; 8:45 am] currently operating security contracts N/A. BILLING CODE 4310±RK±M

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DEPARTMENT OF THE INTERIOR Wildlife Service, (telephone 703/358– draft 5-point policy initiative for public 2171, facsimile 703/358–1735), or Kevin review and comment. The 5-points Fish and Wildlife Service Collins, Chief, Endangered Species addressed herein as the Draft Division, National Marine Fisheries Addendum are (1) biological goals and DEPARTMENT OF COMMERCE Service (telephone 301/713–1401, objectives, (2) adaptive management, (3) facsimile 301/713–0376) at the above monitoring, (4) permit duration, and (5) National Oceanic and Atmospheric addresses. public participation. Administration SUPPLEMENTARY INFORMATION: Addendum To the HCP Handbook [Docket No. 981208299±8299±01] Background The Services intend to incorporate the RIN 1018±ZA03 The Endangered Species Act (ESA) 5-point policy initiative into the HCP Notice of Availability of a Draft was amended in 1982 to allow the Handbook as an addendum that will Addendum to the Final Handbook for taking of listed species incidentally to provide additional guidance on Habitat Conservation Planning and an otherwise lawful activity by non- implementing the incidental take permit Incidental Take Permitting Process Federal entities such as states, counties, provisions of section 10(a)(1)(B) of the local governments, and private ESA. The five sections (or 5-points) of AGENCIES: Fish and Wildlife Service, landowners (section 10(a)(1)(B)). To the Draft Addendum are contained Interior, and National Marine Fisheries receive a permit, the applicant submits entirely within this notice. Some of this Service, National Oceanic and a conservation plan (also referred to as guidance is derived from approaches we Atmospheric Administration, an HCP) that meets the criteria included currently apply to the HCP process. In Commerce. in the ESA and its implementing particular, we will use this guidance to ACTION: Notice of document availability; regulations (50 CFR parts 17 and 222). establish overall biological goals for request for comments. The Services recently amended those species covered by HCPs, to clarify and regulations to include ‘‘No Surprises’’ expand the use of adaptive SUMMARY: The Fish and Wildlife Service assurances (February 23, 1998, 63 FR management, monitoring, and to and National Marine Fisheries Service 8859). To provide internal guidance on provide criteria to be considered by the (the Services) are publishing for conducting the incidental take permit Services in determining incidental take comment a Draft Addendum to the final program, the Services developed the permit duration, and to expand the use Handbook for Habitat Conservation joint Handbook for Habitat Conservation of public participation. Nothing in this Planning and Incidental Take Permitting Planning and Incidental Take Permitting guidance is intended to supersede or Process (5-point policy guidance), Process (HCP Handbook), which was alter any aspect of Federal law or which is included entirely within this made available for public review and regulation pertaining to the notice. The purpose of the Draft comment on December 21, 1994 (59 FR conservation of threatened or Addendum is to provide additional 65782) and issued in final form on endangered species. clarifying guidance to the Services for December 2, 1996 (61 FR 63854). Biological Goals and Objectives conducting the incidental take permit In just a few years, the HCP program program under section 10(a)(1)(B) of the has been transformed from a relatively An approved incidental take permit Endangered Species Act including little-used approach under the ESA to and associated HCP authorizes developing habitat conservation plans one of its most important and incidental take of the covered species (HCPs). It also provides clarifying innovative conservation programs. For while meeting the issuance criteria in guidance to those who are applying for example, in the first ten years of the section 10(a)(2)(B) of the ESA. They an incidental take permit. We believe program, the Services issued only 14 ensure that the permittee will minimize the draft guidance will promote incidental take permits. However, by and mitigate the effects of the efficiency and nationwide consistency September 30, 1998, the Services had authorized incidental take to the within and between the Services and issued 243 incidental take permits, and maximum extent practicable through an improve the HCP program. approximately 200 HCPs are currently HCP’s operating conservation program. An operating conservation program DATES: The Services must receive under development. The section 10 incidental take process consists of the management activities comments on or before May 10, 1999. provides the Services an opportunity to undertaken when implementing an We must receive your comments by this negotiate with and provide technical approved HCP to minimize and mitigate date for them to be considered during assistance to applicants as they develop the effects of the activity on the covered preparation of a final Addendum. HCPs. Also, it provides the flexibility species. The biological outcome of the ADDRESSES: Send written comments the Services and applicants need to operating conservation program for the regarding this Draft Addendum to the resolve issues between economic covered species is the best measure of Division of Endangered Species, U.S. development and species conservation. the success of an HCP. The best HCPs Fish and Wildlife Service, 4401 North The Services continue to learn from the clearly define the desired outcome for Fairfax Drive, Room 452, Arlington, HCP program which we believe has the covered species and their habitats in Virginia 22203 (facsimile 703/358– resulted in stronger HCPs that help terms of biological goals and objectives. 1735); or to the Office of Protected ensure species conservation. Based on Although identifying biological goals Resources, National Marine Fisheries comments received from the public and objectives was discussed in the HCP Service, 1315 East-West Highway, Silver through a variety of ways (workshops, Handbook, the Services did not require Spring, Maryland 20910 (facsimile 301/ meetings, training sessions, scientific HCPs to specifically identify biological 713–0376). Comments received will be studies, participation in the goals and objectives. However, most available for public inspection, by development and implementation of HCPs had implied biological goals and appointment, during normal business HCPs, and during comment periods on objectives, and many recent HCPs hours at the above addresses. various ESA regulations and policies) as include explicit biological goals and/or FOR FURTHER INFORMATION CONTACT: E. well as deliberations within the objectives. In the future, every HCP will LaVerne Smith, Chief, Division of Services, we announced, on February include specific biological goals and Endangered Species, U.S. Fish and 17, 1998, our intention to provide a objectives. Pursuant to the underlying

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11486 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices statutory and regulatory authorities, the wildlife agencies, recovery teams, and/ habitat (e.g., food preferences, relative Services will work with the applicant to or scientific advisory committees may importance of predators, territory size), derive the biological goals and also help develop the biological goals habitat or species management objectives by examining the applicant’s and objectives. The biological goals and techniques, or the degree of potential proposed action and the overall objectives may be either habitat or effects of the activity on the species conservation needs of the covered species based. More complex covered in the incidental take permit. species and/or its habitat. multispecies and/or regional HCPs may However, there may be some Biological goals are the broad guiding need an integration of habitat and circumstances with such a high degree principles for the operating species-specific goals and objectives. of uncertainty that a species should not conservation program; they are the Although the goals and objectives may receive coverage in an incidental take rationale behind the minimization and be stated in habitat terms, each covered permit at all until additional research is mitigation strategies. Specific biological species that falls under that goal or conducted. If an adaptive management objectives are subsets of the biological objective must be clearly specified. strategy is used, the approved HCP must goals and represent specific measurable Regardless of the type of goal and outline the agreed upon future changes targets for achieving the goals of the objective used, the Services will ensure to the operating conservation program. operating conservation program. Thus that the biological goals are consistent Habitat Conservation Plan assurances biological goals and objectives can be with conservation actions needed to (No Surprises) and the use of adaptive stated in a step-down approach based adequately minimize and mitigate management strategies are compatible. on the best scientific information impacts to the covered species to the The assurances apply once all available and reflect the conservation maximum extent practicable. appropriate HCP provisions have been needs of the covered species. However, Explicit biological goals and mutually crafted and agreed upon and not all HCPs are likely to need complex, measurable objectives provide clear approved by the Services and the multi-tiered biological goals and guidance for both the applicant and the applicant. Adaptive management objectives. The biological goals and Service as to the purpose and direction strategies, if used, are part of those objectives should be commensurate of the HCP’s operating conservation provisions, and their implementation with the specific impacts and duration program. They create parameters and becomes part of a properly implemented of the HCP applicant’s proposed action. benchmarks for developing conservation conservation plan. When an HCP, For example, low-effect HCPs generally measures, provide the rationale behind permit, and IA incorporate an adaptive have simple measurable biological the HCP’s terms and conditions, management strategy, it should clearly objectives (e.g., preserving a minimum promote an effective monitoring state the agreed upon and warranted number of forage trees on the property) program, and help determine the focus range of possible operating conservation and include a relatively simple of an adaptive management strategy, if program adjustments due to significant operating conservation program and appropriate. The operating conservation new information, risk, or uncertainty. monitoring protocol. program will include those measurable During HCP negotiations, the Services Determination of the biological goals actions that, when implemented, are and the applicant should determine the and objectives is integral to the anticipated to meet the biological range of acceptable and anticipated development of the operating objectives. Implementing the operating management adjustments necessary to conservation program. Conservation conservation program is the extent of respond to new information after the measures identified in an HCP, its the permittee’s obligation for meeting permit is issued and describe this accompanying incidental take permit, the biological goals and objectives. procedure in the HCP, permit, or IA. and/or IA provide the means for This process will enable the applicant to Adaptive Management achieving the biological goals and assess the potential economic impacts of objectives. For example, the overall Adaptive management strategies can adjustments before agreeing to the HCP. biological goal could be to ensure assist the Services and the applicant in Often, there is a direct relationship population viability by maintaining developing an adequate operating between the level of biological habitat contiguity. The specific conservation program and improving its uncertainty for a covered species and measurable objective to achieve this effectiveness. In the HCP program, the degree of risk that an incidental take goal may be to conserve an adequate adaptive management is used to permit could pose for that species. number of acres of habitat in a certain examine alternative strategies for Therefore, the operating conservation configuration, so that a viable corridor meeting measurable biological goals and program may need to be relatively is maintained. The conservation objectives through research and/or cautious initially and adjusted later measures could specify the number of monitoring, and then, if necessary, to based on new information. A practical acres and configuration. If the size and adjust future conservation management adaptive management strategy within configuration were not determinable, an actions according to what is learned. the operating conservation program of a adaptive management strategy could be Not all HCPs or all species covered in long-term incidental take permit will used, and the HCP, permit, and/or IA an incidental take permit need an include milestones that are reviewed at could list a series of incremental steps adaptive management strategy. scheduled intervals during the lifetime to be taken within an agreed upon range However, an adaptive management of the incidental take permit and of management adjustments for strategy is essential for permits that permitted action. If there is a relatively determining and securing a viable cover species that have significant high degree of risk, milestones and corridor. biological data or information gaps that adjustments may need to occur early Available literature, State incur a significant risk to that species at and often. conservation strategies, candidate the time the permit is issued. Possible For an adaptive management strategy conservation plans, draft or final significant data gaps that could lead to to be effective, it must be integrated into recovery plans or outlines, and other the development of an adaptive a monitoring program that is designed to sources of relevant scientific and management strategy include, but are ensure proper data collection and commercial information can serve as not limited to, significant biological analysis that can guide appropriate guides in setting biological goals and uncertainty about specific information adjustments in the operating objectives. Species experts, State about the ecology of the species or its conservation program. For example, a

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11487 habitat management objective may be management strategy could outline the designed and implemented, monitoring defined as recruiting 95 percent large potential range of grazing management programs for HCPs should obtain the woody debris into streams to achieve regimes, but since the extent of the information necessary to assess the biological goal of maintaining butterfly’s tolerance of grazing may be compliance, project impacts, and to properly functioning riparian habitat. initially unknown, the operating verify progress toward the agreed upon The operating conservation program conservation program could start with a biological goals and objectives. could include a range of possible buffers more cautious grazing regime and be Monitoring also provides the scientific to achieve the biological objectives. The subject to subsequent relaxation, if data necessary to evaluate the success of monitoring program would include appropriate. The particular aspects of the HCP’s operating conservation measuring the amount of woody debris the grazing regime could subsequently programs with respect to the in streams. If the results from the shift or relax, depending on the results development of strategies in future monitoring program indicated that the of the study. HCPs or other programs that contribute 95-percent objective was not being Where specific methodologies (e.g., to the conservation of species and their achieved, then a change from one buffer translocation) or strategies have not habitat. The HCP Handbook already to another might be warranted. been thoroughly tested, an adaptive provides guidance for developing However, the original agreed upon range management strategy can investigate monitoring measures (Chapter 3, section of possible management adjustments, as different management tools to determine B.4.) and discusses reporting identified in the HCP, incidental take the best approach. In Utah, the requirements (Chapter 6, section E.4.). permit, or IA, would need to have Washington County HCP includes a The following information further included the new buffer. The design of five-year desert tortoise translocation clarifies and provides additional the adaptive management strategy and study. Translocation of desert tortoises guidance for the monitoring component the monitoring program includes the from areas to be developed is an action of an HCP, permit, and/or IA. type(s) of information needed and the to minimize, not mitigate, take of desert Scope of Monitoring triggers to institute changes in the width tortoises in the HCP. Depending on the of the buffer. recovery unit, translocation may prove The Services and the applicant must If existing ecological data is to be a useful tool for desert tortoise ensure that the monitoring program insufficient to determine the method recovery in the future. Healthy desert provides information to: (1) evaluate needed to achieve a biological objective, tortoises found within areas to be compliance; (2) determine if biological adaptive management strategies can be developed are translocated to goals and objectives are being met; and used to meet objectives by obtaining designated areas. The effects of that (3) provide feedback to an adaptive information on the species and its translocation on the biology of the management strategy, if used. Biological ecology through ongoing research, tortoises, including health status, weight objectives provide a framework for recovery planning, and conservation gain, reproduction, and behavior, are developing a monitoring program that planning by Federal, State, and local being monitored. If the tortoises measures progress toward meeting those agencies. For example, the Natomas successfully adapt to the new location, biological objectives. If an HCP, permit, Basin HCP in California has an adaptive then translocation may continue in an and/or IA has an adaptive management management strategy that incorporates isolated and currently unoccupied strategy, it is crucial to integrate the ongoing research. At this time, the U.S. portion of the HCP reserve area. monitoring program into this strategy in Geological Survey’s Biological Information gained on the efficacy of order to guide any necessary changes in Resources Division is conducting a translocation as a management management. study to determine the giant garter technique, and on habitat requirements When an applicant and the Services snake’s population biology and habitat of desert tortoises (vegetation, elevation, design a monitoring program, the scope use. If additional information from the etc.) can subsequently be used to adjust of the monitoring measures should be study suggests a different approach is management in this and other HCPs in commensurate with the scope and appropriate to meet the conservation the range of the species. duration of the operating conservation needs of the snake, the preserve HCPs may be designed to provide program and project impacts. Some location(s) could be modified and the flexibility other than through the use of programs may be simple, while those for habitat type emphasized in the adaptive management. The permittee or large-scale or regional planning efforts restoration could be changed within the another responsible party may need the may be comprehensive and track more terms of the adaptive management flexibility, under different than one component of the HCP (e.g., strategy of the HCP’s operating circumstances, to employ alternative habitat quality, collection of mitigation conservation program. methods or strategies within the fees). The HCP, permit, and/or IA If the full range of effects of a operating conservation program to should also tier the monitoring program proposed project is unknown at the time achieve the biological goals and to reflect the structure of the biological of HCP negotiation, a monitoring objectives. This flexibility also allows goals and objectives. The following program combined with an adaptive previously agreed upon management components are essential for most management strategy could determine and/or mitigation actions to be monitoring protocols (the size and scope the actual extent of effects and then implemented as needed in response to of the HCP will dictate the actual level allow for agreed upon shifts in changed circumstances. The HCP, of detail in each item): (1) the management strategies. A key element incidental take permit, and IA, if any, implementation and effectiveness of the of adaptive management is to establish describes the range of management and/ HCP terms and conditions (e.g., the information needs and link them to or mitigation actions and the process by financial responsibilities and the management strategies and their which the management and funding obligations, management objectives. For example, a study to decisions are made and implemented. responsibilities, and other aspects of the determine the specific effects of grazing incidental take permit, HCP, and the IA, on a butterfly, based on a range of Monitoring if applicable); (2) the level of incidental possible grazing pressures, could help Monitoring is a mandatory element of take of the covered species; (3) the establish a long-term management all HCPs (See 50 CFR 17.22(b)(1), biological conditions resulting from the strategy. The HCP’s adaptive 17.32(b)(1), and 222.22). When properly operating conservation program (e.g.,

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11488 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices change in the species’ status or a change and NMFS regulations, 50 CFR 13.45 region, especially for tracking in the habitat conditions); and (4) any and 50 CFR 220.45, respectively, cumulative effects for future HCP informational needs of an adaptive provide the authority for the Services to analyses. For example, the database may management strategy, if utilized. An require annual compliance reports also record and schedule periodic audits effective monitoring program is flexible unless otherwise specified by the of the HCP and field visits. The enough to allow modifications, if incidental take permit. Also, the databases should allow the Services to necessary, to obtain the appropriate Services will ensure that the reporting generate monthly and quarterly lists information. requirements are tailored to assist the identifying the completion and due In order to obtain meaningful Services with monitoring incidental dates for operating conservation information, the applicant and the take permit compliance (e.g., program or other HCP actions. This will Services should structure the documentation of habitat acquisition, help the Services initiate the required monitoring methods and standards so use of photographs). These reports help review and analysis needed for the that the results from one reporting determine whether the permittee is monitoring program associated with period and area to another are properly implementing the terms and each HCP. comparable, and the monitoring conditions of the HCP, its incidental For large-scale and/or regional HCPs, protocol responds to the question(s) take permit, and any IA, and will oversight committees, made up of asked. Credible monitored units should provide a long-term administrative representatives from significantly reflect the biological objective’s record documenting progress made affected entities (e.g., State Fish and measurable units (e.g., if the biological under the incidental take permit. Wildlife agencies), are often used to objective is in terms of numbers of In addition to reviewing reports ensure proper and periodic review of individuals, the monitoring program submitted by the permittee, it is the monitoring program, and to ensure should measure the number of important for the Services to make field that each program complies with the individuals). The monitoring program visits to verify whether the report data terms and conditions of the incidental will be based on sound science and are correct and the HCP is being take permit. For example, the standard survey or other monitoring implemented as negotiated. These visits proponents of the Karner blue butterfly protocols previously established should allow the Services to check for HCP in Wisconsin are proposing an be used. Although the specific methods information, identify unanticipated auditing approach to insure incidental used to gather necessary data may differ deficiencies or benefits, develop closer take permit compliance. The lead depending on the species and habitat cooperative ties with the permittee, help applicant, Wisconsin Department of types, monitoring programs should use prevent accidental violations of the Natural Resources, will initially conduct a multispecies approach when incidental take permit’s terms and annual on-site audits of each partner. appropriate. conditions, and assist the permittee and FWS will audit the Wisconsin HCP monitoring should consist of two Services in developing corrective Department of Natural Resources in a types. The first is compliance actions when necessary. similar fashion. In addition, FWS will monitoring, where the Services monitor The Services must track HCP accompany the Wisconsin Department the permittee’s implementation of the implementation and the monitoring of Natural Resources on the partner requirements of the HCP, incidental take programs. The Services’ National and audits as appropriate to understand permit terms and conditions, and IA, if Regional Offices will develop a database partner compliance levels. Over time, applicable. The second is effects and to track incidental take permit issuance Wisconsin Department of Natural effectiveness monitoring where the and compliance. The following standard Resources will conduct the audits less permittee (or other designated entity) fields should be included in each frequently, if performance levels are examines the impacts of the authorized database to maintain consistency acceptable. Each partner will provide an incidental take (effects) and throughout the Nation: annual monitoring report and will implementation of the operating 1. The permittee’s name; submit these along with their audit conservation program to determine if 2. The incidental take permit number; report to FWS annually. the actions are producing the desired 3. The incidental take permit Oversight committees should results (effectiveness). To monitor all duration; periodically evaluate the permittee’s aspects of an HCP effectively, and to 4. The amount of authorized take; compliance with the HCP, its incidental ensure its ultimate success, the entire 5. The location of permitted action take permit, and IA, and the success of monitoring program should incorporate and mitigation; the operating conservation program in both types of monitoring. The 6. The amount of area covered; reaching its identified biological goals monitoring program should also clearly 7. The species and habitat covered; and objectives. Such committees usually designate who is responsible for the and include species experts and various aspects of monitoring. 8. The nature of the permitted representatives of the permittee, the Service, and other affected agencies and Compliance Monitoring activity. Some suggested additional fields in entities. It may also be beneficial to Compliance monitoring is necessary the databases include: submit the committee’s findings to for the Services to ensure that the 1. A brief summary of the monitoring recognized experts in pertinent fields permittee is meeting the terms and program; (e.g., conservation biologists, restoration conditions of the HCP, its 2. The reporting frequency and the specialists, etc.) for review or to have accompanying incidental take permit, dates reports are due, received, and technical experts conduct field and IA, if any. Therefore, the Services reviewed; investigations to assess implementation verify adherence to the terms and 3. The nature and effect of the of the terms and conditions. Because the conditions of the incidental take permit, incidental take; and formation of these committees may be HCP, IA, and any other related 4. A brief description of the status of subject to the Federal Advisory agreements, and will ensure that the operating conservation program. Committee Act (FACA), the role of the incidental take of the covered species Individual Regional Offices may participants and the purpose of the does not exceed the level authorized choose to expand the databases to add meetings must be clearly identified. under the incidental take permit. FWS fields specific to the HCPs in their FACA requirements will be adhered to,

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An HCP that does not contain an Monitoring the Effects and Effectiveness Monitoring Reports adequate funding commitment from the of the HCP applicant/permittee to support an The Services will streamline the acceptable monitoring program should Effects and effectiveness monitoring reporting requirements for monitoring determine if the anticipated impacts not be approved unless the HCP program by requesting all reports in a establishes alternative funding from the permitted project are occurring single document. The HCP, permit, or (effects) and progress toward the mechanisms. The Services and the IA should specifically state the level of applicant should work together to biological goals and objectives of the detail and quantification needed in the HCP (e.g., if the conservation strategies develop the monitoring program, and monitoring report and tailor report due determine who will be responsible for are producing the desired habitat dates to the activities conducted under conditions or population numbers) monitoring the various components of the incidental take permit (e.g., due at the HCP. Specific monitoring tasks may (effectiveness). The Services should the end of a particular stage of the incorporate provisions for monitoring be assigned to entities other than the project or the anniversary date of permittee (e.g., State or Tribal agencies) the effects and effectiveness of the HCP incidental take permit issuance). Most during HCP development. Effects and as long as the Services and parties monitoring programs require reports responsible for implementing the HCP effectiveness monitoring may also annually, usually due on the involve assessing threats and population approve of the monitoring assignment. anniversary date of incidental take The terms of the HCP, incidental take trends of the covered species as it permit issuance. Wherever possible, the relates to the permitted activities, as permit, and IA may contain funding Services will coordinate the due dates mechanisms that provide for a public well as monitoring the development of with other reporting requirements (e.g., targeted habitat conditions. The (e.g., local, State, or Federal) or a private State reports) so the permittee can entity to conduct all or portions of the Services should strive to collect satisfy more than one reporting information that will help detect monitoring. This funding mechanism requirement with a single report. The must be agreed upon by the Services cumulative trends in covered species following represents the minimum populations or changes in the quality and the parties responsible for information frequently needed in a implementing the HCP. and/or quantity of the habitat (e.g., monitoring program and its reports: restoration of the streamside riparian 1. Objectives for the monitoring Permit Duration area). program; Both FWS and NMFS regulations for Monitoring programs will vary based incidental take permits outline factors to on whether they are for low-effect or for 2. Effects on the covered species and/ consider when determining incidental regional, multispecies HCPs; however, or habitat; take permit duration (50 CFR 17.32 and the general elements of each program 3. Location of sampling sites; 222.22). These factors include duration are similar. Post-activity or post- 4. Methods for data collection and of the applicant’s proposed activities construction monitoring, along with a variables measured; and the expected positive and negative single report at the end of the 5. Frequency, timing, and duration of effects on covered species associated monitoring period, will often satisfy the sampling for the variables; with the proposed duration including monitoring requirements for low-effect 6. Description of the data analysis and the extent to which the operating HCPs. For other HCPs, monitoring who conducted the analyses; and conservation program will increase the programs will be more comprehensive 7. Evaluation of progress toward survivability of the listed species and/or and may include milestones, timelines, achieving measurable biological goals enhance its habitat. In determining the and/or trigger points for change. Effects and objectives and other terms and duration of an incidental take permit, and effectiveness monitoring will conditions as required by the incidental the Services will also consider the generally include, but are not limited to, take permit and/or IA. extent of scientific and commercial data the following: 1. Periodic accounting of authorized These elements may be simplified for underlying the proposed operating incidental take; periods of no activity or low-effect conservation program for the HCP, the 2. Surveys to determine species HCPs. If a required report is not length of time necessary to implement status, appropriately measured for the submitted by the date specified in the and achieve the benefits of the operating particular operating conservation HCP or incidental take permit terms and conservation program, and the extent to program (e.g., presence, density, or conditions, or is inadequate, the which the program incorporates reproductive rates); Services will notify the permittee. The adaptive management strategies. 3. Assessments of habitat condition; Services have discretion to offer the To date, the Services have issued 4. Progress reports on fulfillment of permittee an extension of time to more than 200 incidental take permits, the operating conservation program demonstrate compliance. The Services varying in duration from one to 99 (e.g., habitat acres acquired and/or have examined this reporting guidance years. The average duration of restored); and under the Paperwork Reduction Act of incidental take permits issued is 25 5. Evaluations of the operating 1995 and found that it does not contain years; pending applications for conservation program and its progress requests for additional information or an incidental take permits currently have toward its intended biological goals. increase in the collection requirements an average requested duration of 30 The Services and the HCP permittee other than those already approved for years. The Services allow a range in cooperatively develop the effects and incidental take permits (OMB approval incidental take permit duration to effectiveness monitoring program and for FWS #1018–0094; for NMFS # 0648– account for both the varying biological determine responsibility for its various 0230). impacts resulting from the proposed

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11490 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices activity (e.g., variations in the length of an Environmental Impact Statement Dated: November 2, 1998. timber rotations and treatments versus a (EIS) may be up to 12 months. Jamie Rappaport Clark, real estate subdivision build out), and During the public comment period, Director, Fish and Wildlife Service. the nature or scope of the permitted any member of the public may review Dated: January 28, 1999. activity and operating conservation and comment on the HCP and the Rolland A. Schmitten, program addressed in the HCP, permit, accompanying NEPA document, if Assistant Administrator for Fisheries, and/or IA (e.g., housing or commercial applicable. If an EIS is required, the National Marine Fisheries Service. developments versus long-term public can also participate during the [FR Doc. 99–5737 Filed 3–8–99; 8:45 am] sustainable forestry; conservation scoping process. When practicable, the BILLING CODE 4310±55±P; 3510±22±P easements). Though not always Services will seek to announce the applicable, small-scale HCPs are likely availability of HCPs in electronic format to have short-term incidental take and in local newspapers of general DEPARTMENT OF THE INTERIOR permits, whereas large-scale HCPs are circulation. The Services will encourage likely to have longer term incidental potential applicants to allow for public Bureau of Indian Affairs take permits because of the time participation during the development of required to implement their operating an HCP, particularly if non-Federal Indian Child Welfare Act; Receipt of conservation program and the public agencies (e.g., State Fish and Designated Tribal Agents for Service permittee’s need for long-term Wildlife agencies) are involved. of Notice assurances. Longer permits may also Although the development of an HCP is AGENCY: Bureau of Indians Affairs, ensure long-term commitments to the the applicant’s responsibility, the Interior. operating conservation program. Services will encourage applicants for ACTION: Notice. Public Participation most large-scale, regional HCP efforts to provide extensive opportunities for SUMMARY: This notice is published in The Services intend to expand public public involvement during the planning exercise of authority delegated by the participation in the HCP process to and implementation process. Secretary of the Interior to the Assistant provide greater opportunity for the The Services recommend that Secretary—Indian Affairs by 209 DM 8. public to assess, review, and analyze applicants include Native American The regulations implementing the HCPs and associated documents (e.g., tribes during the development of the Indian Child Welfare Act provide that National Environmental Policy Act HCP if tribal resources may be affected. Indian tribes may designate an agent (NEPA) documents). As stated in the If an applicant chooses not to consult other than the tribal chairman for HCP Handbook in Chapter 6.B, the with Tribes, the Services, under the service of notice proceedings under the Services currently require a minimum Secretarial Order on Federal-Tribal trust Act, 25 CFR 23.12. The Secretary of the 30-day public comment period for all responsibilities and ESA, will consult Interior shall publish in the Federal HCP applications. However, the with the affected Tribes to evaluate the Register on an annual basis the names Services recognize the concern of the effects of the proposed HCP on Tribal and addresses of the designated agents. public regarding an inadequate time for trust resources and will provide the This is the current list of Designated the public comment period, especially information resulting from such Tribal Agents for service of notice, and for large-scale HCPs. Therefore, the consultation to the HCP applicant prior includes the listings of designated tribal Services propose to expand the current to the submission of the draft HCP for agents received by the Secretary of the comment period to provide a 60-day public comment, and will advocate the Interior prior to the date of this public comment period for most HCPs. incorporation of measures that will publication. The exceptions to a 60-day comment restore or enhance Tribal trust ADDRESSES: Bureau of Indian Affairs, period would be those for low-effect resources. After consultation with the Division of Social Services, 1849 C HCPs and large scale regional, or tribes and the non-federal landowner Street, NW, MS–4603–MIB, exceptionally complex HCPs. The and after careful consideration of the Washington, D.C. 20240. Services believe the current 30-day tribe’s concerns, the Services will FOR FURTHER INFORMATION CONTACT: Edie public comment period provides clearly state the rationale for the Adams, Child Welfare Specialist, enough time to review low-effect HCPs, recommended final decision and Division of Social Services, (202) 208– which have a categorical exclusion from explain how the decision relates to the 2536. NEPA. Services’ trust responsibility. Indian Child Welfare Designated Agents For large-scale, regional, or Public Comments Solicited exceptionally complex HCPs, the Aberdeen Area Services intend to expand the use of The Services will issue a final Ida Ashes, ICWA Director, Yankton Sioux informational meetings and/or advisory Addendum to the HCP Handbook based Tribe, P.O. Box 248, Marty, SD 57361; committees. In addition, the minimum upon consideration of information and (605) 384–3641 Fax: (605) 384–5687 comment period for these HCPs is recommendations received from all Rose Chasing Hawk-Dubray, ICWA Director, proposed to be 90 days, unless interested parties. Therefore, the Rosebud Sioux Tribe, Child & Family Services, P.O. Box 430, Rosebud, SD significant public participation occurs Services are soliciting comments, 57570; (605) 747–2258 Fax: (605) 747–5096 during HCP development. With the recommendations, or suggestions from Janet Collins, ICWA Director, Cheyenne River extension of the public comment the public, other concerned government Sioux Tribe, P.O. Box 590, Eagle Butte, SD periods, the recommended timeline agencies, the scientific community, 57625; (605) 964–6460 Fax: (605) 964–1200 targets for processing incidental take industry, or any other interested party Caroline Cuny, ICWA Administrator, Oglala permits are extended accordingly: The about this Draft Addendum. Sioux Tribe—Ontrac, P.O. Box 148, Pine timeline to complete low effect HCPs Ridge, SD 57770; (605) 867–5805 Fax: (605) Authority 867–1893 will remain up to three months; HCPs Janet Gunderson, ICWA Director, Three with an Environmental Assessment (EA) The authority for this action is the Affiliated Tribes, HC 3, Box 2, New Town, will be four to six months; and HCPs Endangered Species Act of 1973, as ND 58763; (701) 627–3731 Fax: (701) 627– with a 90-day comment period and/or amended (16 U.S.C. 1531 et seq.). 4225

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Celeste Honomichl, ICWA Specialist, Espanola, New Mexico 87532; (505) 753– Apache Tribe of Oklahoma, Chairman, P.O. Winnebago Tribe of Nebraska, Human 7326/7316 Box 1220, Anadarko, Oklahoma 73005; Services Department, P.O. Box 723, Linda Lavorgna, ICWA Coordinator, Pueblo (405) 247–9493 Winnebago, NE 68071; (402) 878–2379 Fax: of Taos, P.O. Box 1846, Taos, New Mexico Caddo Indian Tribe of Oklahoma, Chairman, (402) 878–2228 87571; (505) 758–7824 P.O. Box 487, Binger, Oklahoma 73009; Rhonda Horse, ICWA Director, Ponca Tribe Gil Vigil, ICWA Coordinator, Pueblo of (405) 656–2344 of Nebraska, 1310 Norfolk Avenue Suite B, Tesuque, Route 5, Box 360–T, Santa Fe, Cheyenne-Arapaho Tribes of Oklahoma, Norfolk, NE 68701; (402) 371–5233 Fax: New Mexico 87501; (505) 983–2667 Chairman, P.O. Box 38, Concho, Oklahoma (402) 371–7564 Betty Nez, Director of Social Services, Ramah 73022; (405) 262–0345 Rose McCauley, ICWA Director, Lower Brule Navajo School Board, Inc., P.O. Box 250, Citizen Potawatomi Nation, Chairman, 1901 Sioux Tribe, P.O. Box 187, Lower Brule, SD Pine Hill, New Mexico 87357; (505) 775– S. Gordon Cooper Drive, Shawnee, 57548; (605) 473–5528 Fax: (605) 473–061 3221 Oklahoma 74801; (405) 275–3121 Pierre Merrick, ICWA Director, Omaha Tribe Social Services Department, Attn: ICWA Comanche Indian Tribe of Oklahoma, of Nebraska, Child Protection Services, Worker, Pueblo of Acoma, P.O. Box 436, Chairman, HC 32, Box 1720, Lawton, P.O. Box 426, Macy, NE 68039; (402) 837– Acoma, New Mexico 87034; (505) 552– Oklahoma 73502; (580) 492–4988 5287 Fax: (402) 837–5275 5154/5155 Delaware Tribe of Western Oklahoma, Frank Myrick, ICWA Director, Spirit Lake Pueblo of Cochiti—(No Response) President, P.O. Box 825, Anadarko, Tribal Social Services, P.O. Box 356, Fort Caroline Dailey, Director of Social Services, Oklahoma 73005; (405) 247–2448 Totten, ND 58335; (701) 766–4855 Fax: Pueblo of Isleta, P.O. Box 1270, Isleta, New Fort Sill Apache Tribe of Oklahoma, (701) 766–4273 Mexico 87022; (505) 869–2772 Chairperson, Route 2, Box 121, Apache, Linda One Father, ICWA Administrator, Helen Gachupin, Social Services Program, Oklahoma 73006; (580) 588–2298 Flandreau Santee Sioux Tribe, P.O. Box Pueblo of Jemez, P.O. Box 100, Jemez Iowa Tribe of Kansas, Chairman, Route 1, 283, Flandreau, SD 57028; (605) 997–3844 Pueblo, New Mexico 87024; (505) 834– Box 58A, White Cloud, Kansas 66094; Fax: (605) 997–3694 7117 (785) 595–3258 Evelyn Pilcher, ICWA Director, Sisseton- Governor Robert Velasquez, Lt. Governor Iowa Tribe of Oklahoma, Chairman, Route 1, Wahpeton Sioux Tribe, P.O. Box 509, Sam Candelaria, Pueblo of San Felipe, P.O. Box 721, Perkins, Oklahoma 74059; (405) Agency Village, SD 67262; (605) 698–3992 Box 4339 San Felipe Pueblo, New Mexico 547–2401 Fax: (605) 698–3999 87001; (505) 867–3381 Kaw Nation, Chairperson, Drawer 50, Kaw Marilyn Poitra, ICWA Coordinator, Turtle And City, Oklahoma 74641; (580) 269–2552 Mtn. Band of Chippewa Indians, Child Bruce Garcia, Director, Comprehensive Kickapoo Tribe of Indians of The Kickapoo Welfare and Family Services, P.O. Box 900, Community Care Services, Title II—Indian Reservation in Kansas, Chairman, P.O. Box Belcourt, ND 58316; (701) 477–5688 Fax: Child Welfare Act, P.O. Box 4350, San 271, Horton, Kansas 66439; (785) 486–2131 (701) 477–5797 Felipe Pueblo, New Mexico 87001; (505) Kickapoo Traditional Tribe of Texas, Pattie Ross, ICWA Director, Red Horse Lodge, 867–9740 Chairman, HC 1, Box 9700, Eagle Pass, Crow Creek Sioux Tribe, P.O. Box 49, Fort Governor Alex Lujan, Attn: Social Services Texas 78852; (830) 773–2105 Thompson, SD 57339; (605) 245–2322 Fax: Department, Pueblo of Sandia, P.O. Box Kickapoo Tribe of Oklahoma, Chairman, P.O. (605) 245–2205 6008, Bernalillo, New Mexico 87004; (505) Box 70, McCloud, Oklahoma 74851; (405) Mary Rousseau, ICWA Agent, Standing Rock 867–4696 964–2075 Sioux Tribe, Child Welfare/Social Services, Pueblo of Santa Ana—(No Response) Kiowa Indian Tribe of Oklahoma, Chairman, P.O. Box 400, Fort Yates, ND; (701) 854– Dr. Mary J. Tenorio, ICWA Program, Pueblo P.O. Box 369, Carnegie, Oklahoma 73015; 3431 Fax: (701) 854–2119 of Santo Domingo, P.O. Box 129, Santo (580) 654–2300 Don Whipple, ICWA Child Advocate, Santee Domingo Pueblo, New Mexico 87052; (505) Otoe-Missouria Tribe of Oklahoma, Sioux Tribe of Nebraska, Dakota Tiwahe 465–0630 Chairman, Route 1, Box 62, Red Rock, Social Services Prog., Route 2, Box 193, Vince Munoz, Tribal Governor/ Oklahoma; (580) 723–4466 Niobrara, NE 68760; (402) 857–2342 Fax: Administrator, Ysleta del Sur Pueblo, 119 Pawnee Indian Tribe of Oklahoma, President, (402) 857–2361 S. Old Pueblo Road, P.O. Box 17579, El P.O. Box 470, Pawnee, Oklahoma 74058; Paso, Texas 79917; (915) 859–7913 Ext. 151 (918) 762–3621 Albuquerque Area And Ponca Tribe of Indians of Oklahoma, The Honorable Jim James, Chief Judge, Ignacio Rios, Jr., Social Services Chairman, P.O. Box 2, White Eagle, Ponca Jicarilla Apache Tribal Court, P.O. Box 221, Administrator, Ysleta del Sur Pueblo, 119 City, Oklahoma 74601; (580) 762–8104 Dulce, New Mexico 87528; (505) 759–3366 S. Old Pueblo Road, P.O. Box 17579, El Prairie Band of Potawatomi Indians of Social Services Director, Pueblo of Laguna, Paso, Texas 79917; (915) 859–7913 Ext. 111 Kansas, Chairperson, 14880 K. Road, P.O. Box 194, Laguna, New Mexico 87026; Pueblo of Zia—(No Response) Mayetta, Kansas 66509; (785) 966–2255 (505) 552–9712/13 Dedra Millich, Director of Social Services, Sac and Fox of Missouri in Kansas, Tribal Census Clerk, Mescalero Apache Southern Ute Indian Tribe, P.O. Box 737, Chairman, Route 1, Box 60, Reserve, Tribe, P.O. Box 227, Mescalero, New Ignacio, Colorado 81137; (970) 563–0100 Kansas 66434; (785) 742–7471 Mexico 88340; (505) 671–4494 Ext. 209 Ext. 2328 Sac and Fox Nation of Oklahoma, Principal Nikki Rhea, ICWA Coordinator, Pueblo of Social Services Director, Ute Mountain Ute Chief, Route 2, Box 246, Stroud, Oklahoma Nambe, Route 1, Box 117–BB, Nambe Tribe (Colorado & Utah), General Delivery, 74079; (918) 968–3526 Pueblo, New Mexico 87501; (505) 455– Towaoc, Colorado 81334; (303) 565–3751 President, Tonkawa Tribe of Oklahoma, P.O. 2036 Ext. 265 Box 70, Tonkawa, Oklahoma 74653; (580) Debbie Shemayme, ICWA Coordinator, Social Services Director, Pueblo of Zuni, P.O. 628–2561 Pueblo of Picuris, P.O. Box 127, Penasco, Box 339, Zuni, New Mexico 87327; (505) Wichita and Affiliated Tribes of Oklahoma, New Mexico 87553; (505) 587–1071 782–4481 Ext. 141 Indian Child Welfare, Coordinator, P.O. Edna Cervantes, ICWA Coordinator, Pueblo Box 729, Anadarko, Oklahoma, 73005; of Pojoaque, Route 11, Box 71, Santa Fe, Anadarko Area (405) 247–2425 New Mexico 87501; (505) 455–0935 Area Social Worker, P.O. Box 368, WCD Pauline Cata, ICWA Coordinator, Pueblo of Office Complex, Anadarko, Oklahoma Billings Area San Ildefonso, Route 5, Box 315–A, Santa 73005; (405) 247–6673 Ext. 257 Blackfeet Tribe of Montana, P.O. Box 850, Fe, New Mexico 87501; (505) 455–2273 Absentee-Shawnee Tribe of Oklahoma Browning, Montana 59417; (406) 338–7806 Jackie Calabaza, Johnny Abeyta, ICWA Indians, Governor, 2025 S. Gordon Cooper Fax: (406) 338–7726 Coordinators, Pueblo of San Juan, P.O. Box Drive, Shawnee, Oklahoma 74801; (405) Director, Tribal Social Services, Crow Tribe, 1099, San Juan Pueblo, New Mexico 87566; 275–4030 P.O. Box 159, Crow Agency, Montana (505) 852–2588/(505) 747–1908 Alabama-Coushatta Tribe of Texas, 59022; (406) 638–2606 Fax: (406) 638–2448 Margaret Atkinson, ICWA Coordinator, Chairperson, Route 3, Box 640, Livingston, Joseph McConnell, President, Fort Belknap Pueblo of Santa Clara, P.O. Box 580, Texas 77351; (409) 563–4391 Community Council, Rural Route 1, Box

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66, Harlem, Montana 59526; (406) 353– Governor, Passamaquoddy Tribe of Maine, ICWA Coordinator, Red Devil Traditional 2205 Fax: (406) 353–2797 Pleasant Point Reservation, P.O. Box 343, Council, P.O. Box RDV, Red Devil, AK Director, Indian Child Welfare Act Program, Perry, Maine 04667; (207) 853–2600 99656; (907) 447–3225 Fax: (907) 447–3226 Assiniboine and Sioux Tribes of the Fort Governor, Penobscot Indian Nation of Maine, ICWA Program Director, Native Village of Peck Reservation of Montana, P.O. Box Community Building—Indian Island, Old Eklutna, 26339 Eklutna Village Rd., 589, Poplar, Montana 59255; (406) 768– Town, Maine 04468; (207) 827–7776 Chugiak, AK 99567; (907) 688–6020 Fax: 3330 Fax: (406) 768–3344 (907) 688–6021 Juneau Area Gary Beaudry, Attorney at Law, Assiniboine ICWA Coordinator, Ninilchik Traditional and Sioux Tribes of the Fort Peck ICWA Coordinator, Native Village of Barrow, Council, P.O. Box 39070, Ninilchik, AK Reservation of Montana, P.O. Box 2141, P.O. Box 1139, Barrow, AK 99723; (907) 99639; (907) 567–3313 Fax: (907) 567–3308 Williston, North Dakota 58802–2141; (701) 852–4411 Fax: (907) 852–4413 ICWA Specialist, Native Village of Larsen 572–4823; 1–800–760–4823, Fax (701) Director, Seldovia Village Tribe, P.O. Drawer Bay, P.O. Box 125, Larsen Bay, AK 99624– 0125; (907) 847–2270 Fax: (907) 847–2370 572–8469 L, Seldovia, AK 99663; (907) 234–7898 ICWA Worker, Mekoryuk IRA Council, P.O. Director, Tribal Social Services, Northern Fax: (907) 234–7865 Executive Director, Native Village of Point Box 22, Mekoryuk, AK 99630; (907) 827– Cheyenne Tribe, P.O. Box 128, Lame Deer, 8147 Fax: (907) 827–8133 Hope, P.O. Box 109, Point Hope, AK Montana 59043; (406) 477–8321 Fax: (406) ICWA Counselor & Coordinator, The Native 99766; (907) 368–2330 Fax: (907) 368–2332 477–8333 Village of Tyonek, P.O. Box 82009, Tyonek, Tribal Family Youth Specialist, Ruby Tribal Lawrence N. (Larry) McAdams, Director, AK 99682–0009; (907) 583–2201 Fax: (907) Indian Child Welfare Act Program, Eastern Council, P.O. Box 117, Ruby, AK 99768– 583–2442 Shoshone Tribe of the Wind River 0117; (907) 468–4400 Fax: (907) 468–4474 Tribal Administrator, Kipnuk Traditional Reservation, P.O. Box 538, Fort Washakie, Kwethluk Tribal Court, Organized Village of Council, P.O. Box 57, Kipnuk, AK 99614– Wyoming 82514; (307) 332–9525 Fax: (307) Kwethluk, P.O. Box 97, Kwethluk, AK 0057; (907) 896–5515 Fax: (907) 896–5240 332–3055 99621–0097; (907) 757–6023 Fax: (907) Kaguyak Village, ICWA Coordinator, James L. Trosper, III, Director, Indian Child 757–6073 Organized Village of Kake, P.O. Box 316, Welfare Act Program, Northern Arapaho ICWA Coordinator, Kobuk Traditional Kake, AK 99830–0316; (907) 785–6471 Fax: Tribe of the Wind River Reservation, P.O. Council, P.O. Box 39, Kobuk, AK 99751– (907) 785–4902 Box 389, Fort Washakie, Wyoming 82514; 0039; (907) 948–2203 Fax: (907) 948–2123 Native Village of Kanatak, ICWA Tuntutuliak (307) 332–5006 Fax: (307) 332–7543 ICWA Coordinator, Kotzebue IRA, P.O. Box Traditional Council, P.O. Box 8086, Tribal Chairman, Chippewa Cree Tribe of the 296, Kotzebue, AK 99752–0296; (907) 442– Tuntutuliak, AK 99680; (907) 256–2311 Rocky Boy Reservation, Rural Route 1, Box 3467 Fax: (907) 442–2162 Fax: (907) 256–2080 544, Box Elder, Montana 59521; (406) 395– Native Village of Eyak (Cordova), Tribal Administrator, Kivalina IRA Council, 4478 Fax: (406) 395–4497 Chugachmiut, Inc., ICWA Coordinator, P.O. Box 50051, Kivalina, AK 99750–5005; 4201 Tudor Centre Drive, Suite 210, (907) 645–2153 Fax: (907) 645–2193 Eastern Area Anchorage, AK 99508; (907) 562–4155 Family Services Tribal Specialist, Kawerak, President, Aroostook Band of Micmac ICWA Worker, Marshall Traditional Council, Inc., P.O. Box 948, Nome, AK 99762; (907) Indians, P.O. Box 772, Presque Isle, Maine Box 110, Marshall, AK 99585; (907) 679– 443–4376 (907) 443–3543 04769; (207) 764–1972 6302 Fax: (907) 679–6187 Twin Hills Village Council, Bristol Bay Child Welfare Worker, Cayuga Nation of New ICWA Coordinator, Native Village of Port Native Association, ICWA Social Worker, York, P.O. Box 11, Versailles, New York Lions, P.O. Box 69, Port Lions, AK 99550– P.O. Box 310 Dillingham, AK 99573; (907) 14168; (716) 532–4847 0069; (907) 454–2461 Fax: (907) 454–2434 842–4139 Health Director, Chitimacha Tribe of Human Services Director, Native Village of Native Village of Kalskag, Kuskokwim Native Louisiana, P.O. Box 661, Charenton, Kwinhagak, P.O. Box 149, Quinhagak, AK Association, ICWA Coordinator, P.O. Box Louisiana 70523; (318) 923–7215 99655–0149; (907) 556–8301 Fax: (907) 127, Aniak, AK 99557; (907) 675–4384 Social Services Director, Mississippi Band of 556–8166 Nenana Native Association, Tanana Chiefs Choctaw Indians, P.O. Box 6010—Choctaw ICWA Social Worker, Atmautluak Traditional Conference, Inc., Director Human Services, Branch, Philadelphia, Mississippi 39350; Council, P.O. Box 6568, Atmautluak, AK 122 First Avenue, Suite 600, Fairbanks, AK (601) 650–1741 99559; (907) 553–5610 Fax: (907) 553–5216 99701; (907) 452–8251 Social Services Director, Coushatta Tribe of Community Family Services Specialist, ICWA Coordinator, Mentasta Tribal Council, Louisiana, P.O. Box 790, Elton, Louisiana; Toksook Bay Traditional Council, P.O. Box P.O. Box 6019, Mentasta, AK 99780; (907) (318) 584–1435 37108 Toksook Bay, AK 99637–0108; (907) 291–2319 Fax: (907) 291–2305 Human Service Director, Douglas Indian Family Support Services, Eastern Band of 427–7914 Fax: (907) 427–7206 Association, P.O. Box 240541, Douglas, AK Cherokee Indians, Qualla Boundary, P.O. ICWA Director, Yuplit of Andreafski, P.O. 99824; (907) 364–2916 Fax: (907) 364–2917 Box 507, Cherokee, North Carolina 28719; Box 88, St. Mary’s, AK 99658–0088; (907) Native Village of Kwigillingok, Family (704) 497–2771 438–2312 Fax: (907) 438–2512 Services Specialist, P.O. Box 49, Tribal Chief, Houlton Band of Maliseet ICWA Coordinator, Native Village of Noatak, Kwigillingok, AK 99622–0049; (907) 588– Indians, Route 3, Box 450, Houlton, Maine P.O. Box 89, Noatak, AK 99761–0089; (907) 8114 Fax: (907) 588–8429 04730; (207) 532–4273 485–2176 Fax: (907) 485–2137 General Manager, Noorvik Native Chairman, Mashantucket Pequot Tribal ICWA Coordinator, Chalkyitsik Village Community, P.O. Box 71, Noorvik, AK Nation, P.O. Box 160, Ledyard, Council, P.O. Box 57, Chalkyitsik, AK 99763–0071; (907) 636–2144 Fax: (907) Connecticut 06339; (203) 536–2681 99788–0057; (907) 848–8295 Fax: (907) 636–2202 Chairman, Miccosukee Tribe, P.O. Box 848–8986 Village of Afognak, Kodiak Area Native 440021, Tamiami Station, Miami, Florida Community Family Service Specialist, Association, ICWA Coordinator, 402 Center 33144; (305) 223–8380 Tuluksak Native Community, P.O. Box 95, Avenue, Kodiak, AK 99615; (907) 486– Chief Sachem, Narrangansett Indian Tribe, Tuluksak, AK 99679–0095; (907) 695–6902 5725 P.O. Box 268, Charlestown, Rhode Island Fax: (907) 695–6932 ICWA Coordinator, Native Village of Akhiok, 02813; (401) 364–1100 Port Graham Village Council, Chugachmiut, P.O. Box 5072, Akhiok, AK 99615–5072; Nation Representative, Oneida Indian Nation, Inc., ICWA Coordinator, 4201 Tudor Centre (907) 836–2229 (907) 486–5725 P.O. Box 1, Vernon, New York 13476; (315) Dr., Suite 210, Anchorage, AK 99508; (907) Native Community of Akiachak, ICWA 829–3090 562–4155 Coordinator, P.O. Box 70, Akiachak, AK Head Chief, Onondaga Nation of New York, President, Ouzinkie Tribal Council, P.O. Box 99551–0070; (907) 825–4626 Fax: (907) RRI, Box 270A, Nedrow, New York 13120; 130, Ouzinkie, AK 99644–0130; (907) 680– 825–4029 (315) 492–4210 2217 Fax: (907) 680–2214 Native Village of Akutan, Aleutian/Pribilof Governor, Passamaquoddy Tribe of Maine Tribal President, Old Harbor Tribal Council, Islands Assoc., ICWA Coordinator, 401 E. Township Reservation, P.O. Box 301, P.O. Box 62, Old Harbor, AK 99643–0062; Fireweed Ln., Suite 201, Anchorage, AK Princeton, Maine 04668; (207) 796–2301 (907) 286–2215 Fax: (907) 286–2277 99503; (907) 276–2700

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Alatna Village, Tanana Chiefs Conference, Coordinator, P.O. Box 219, Bethel, AK Fireweed Ln., Suite 201, Anchorage, AK Inc., Director Human Services, 122 First 99559 99503; (907) 276–2700 Avenue, Suite 600, Fairbanks, AK 99701; Healy Lake Village, Tanana Chiefs ICWA Coordinator, Asa’Carsarmiut Tribe (907) 452–8251 Conference, Inc., Director Human Services, (Mt.Village), P.O. Box 32249, Mountain Native Village of Aleknagik, Bristol Bay 122 First Avenue, Suite 600, Fairbanks, AK Village, AK 99632–2249; (907) 591–2814 Native Association, ICWA Social Worker, 99701; (907) 452–8251 Fax: (907) 591–2811 P.O. Box 310, Dillingham, AK 99576; (907) Holy Cross Village, Tanana Chiefs Atqasuk Village, Arctic Slope Native Assoc., 842–4139 Conference, Inc., Director Human Services, Limited, ICWA Coordinator, P.O. Box Allakaket Village, Tanana Chiefs Conference, 122 First Avenue, Suite 600, Fairbanks, AK 1232, Barrow, AK 99723; (907) 852–2762 Inc., Director Human Services, 122 First 99701; (907) 452–8251 ICWA Coordinator, Beaver Village, General Avenue, Suite 600, Fairbanks, AK 99701; ICWA Coordinator, Hoonah Indian Delivery, Beaver, AK 99724; (907) 628– (907) 452–8251 Association, P.O. Box 602, Hoonah, AK 6126 Fax: (907) 628–6815 ICWA Coordinator, Native Village of Ambler, 99829–0602; (907) 945–3545 Fax: (907) Native Village of Belkosfski, Aleutian/ P.O. Box 47, Ambler, AK 99786–0047; 945–3703 Pribilof Islands Assoc., ICWA Coordinator, (907) 445–2180 ICWA Coordinator, Native Village of Hooper 401 E. Fireweed Ln., Suite 201, Anchorage, Village of Anaktuvuk Pass, Arctic Slope Bay, P.O. Box 2193, Hooper Bay, AK AK 99503; (907) 276–2700 Native Assoc. Limited, ICWA Coordinator, 99604–2193; (907) 758–4915 Fax: (907) Village of Bill Moore’s Slough, Association of P.O. Box 1232, Barrow, AK 99723; (907) 758–4815 Village Council Presidents, ICWA 852–2762 Hughes Village, Tanana Chiefs Conference, Coordinator, P.O. Box 219, Bethel, AK ICWA Coordinator, Native Village of Karluk, Inc., Director Human Services, 122 First 99559; (907) 543–3521 General Delivery, Karluk, AK 99603–0000; Avenue, Suite 600, Fairbanks, AK 99701; Native Village of Brevig Mission, Kawerak, (907) 241–2218 Fax: (907) 421–2208 (907) 452–8251 Inc., ICWA Coordinator, P.O. Box 948, Organized Village of Kasaan, Central Council Huslia Village, Tanana Chiefs Conference, Nome, AK 99762; (907) 443–5231 Tlingit & Haida Indian Tribes, ICWA Inc., Director Human Services, 122 First Village of Birch Creek, Village of Tanana Coordinator, 320 W. Willoughby Avenue, Avenue, Suite 600, Fairbanks, AK 99701; Chiefs Conference, Inc., Director Human Suite 300, Juneau, AK 99801; (907) 586– (907) 452–8251 Services, 122 First Avenue, Suite 600, 1432 Human Services Director, Hydaburg Fairbanks, AK 99701; (907) 452–8251 ICWA Coordinator, Native Village of Cooperative Association, P.O. Box 305, ICWA Coordinator, Native Village of Kasigluk, P.O. Box 19, Kasigluk, AK Hydaburg, AK 99922–0305; (907) 285–3470 Buckland, P.O. Box 67, Buckland, AK 99609–0019; (907) 477–6927 Igiugig Village, Bristol Bay Native 99727–0067; (907) 494–2171 (907) 494– ICWA Coordinator, Kenaitze Indian Tribe, Association, ICWA Coordinator, P.O. Box 2217 310, Dillingham, AK 99576; (907) 842– Native Village of Cantwell, Cooper River P.O. Box 988, Kenai, AK 99611–0988; (907) 4139 Native Assoc., ICWA Coordinator, Drawer 283–3633 Fax: (907) 283–3052 ICWA Coordinator, Village of Iliamna, P.O. H, Copper Center, AK 99574; (907) 822– ICWA Coordinator, Ketchikan Indian Box 286, Iliamna, AK 99606–0286; (907) 5241 Corporation, 429 Deermont Avenue, 571–1246 Fax: (907) 571–1256 Native Village of Chenega, Chugachmiut, Ketchikan, AK 99901; (907) 225–5158 Fax: President, Inupiat Community of Arctic Inc., ICWA Specialist, 4201 Tudor Centre (907) 247–0429 Slope, P.O. Box 1232, Barrow, AK 99723– Drive, #210, Anchorage, AK 99508; (907) ICWA Coordinator, Emmonak Village, P.O. 1232 562–4155 Box 126, Emmonak, AK 99581–0126; (907) ICWA Coordinator, Iqurmuit Traditional Native Village of Chuloonawick, Association 949–1720 Fax: (907) 949–1384 Council (Russian Mission), P.O. Box 09, of Village Council Presidents, ICWA Evansville Village, Tanana Chiefs Russian Mission, AK 99657–0009; (907) Coordinator, P.O. Box 219, Bethel, AK Conference, Inc., Director Human Services, 584–5511 99559; (907) 543–3521 122 First Avenue, Suite 600, Fairbanks, AK Ivanoff Bay Village, Bristol Bay Native ICWA Coordinator, Village of Chefornak, P.O. 99701; (907) 452–8251 Association, ICWA Social Worker, P.O. Box 110, Chefornak, AK 99561–0110; (907) Native Village of False Pass, Aleutian/Pribilof Box 310, Dillingham, AK 99576; (907) 842– 869–8850 Fax: (907) 867–8711 Islands, ICWA Coordinator, 401 E. 4139 ICWA Coordinator, Native Village of Fireweed Ln., Suite 201, Anchorage, AK ICWA Coordinator, Native Village of Kiana, Chickaloon, P.O. Box 1105, Chickaloon, 99503; (907) 276–2700 P.O. Box 69, Kiana, AK 99749–0069; (907) AK 99674–1105; (907) 746–0707 Fax: (907) ICWA Coordinator, Native Village of Fort 475–2109 Fax: (907) 475–2180 746–5433 Yukon, P.O. Box 126, Fort Yukon, AK Klawock Cooperative Association, Central Native Village of Chignik, Bristol Bay Native 99740–0126; (907) 662–2581 Fax: (907) Council Tlingit and Haida Indian Tribes, Association, ICWA Social Worker, P.O. 662–2222 ICWA Coordinator, 320 W. Willoughby Box 310, Dillinghan, AK 99576; (907) 842– Native Village of Gakona, Copper River Avenue, Suite 300, Juneau, AK 99801; 4139 Native Assoc., ICWA Coordinator, Drawer (907) 586–1432 Chignik Lake Village, Bristol Bay Native H, Copper Center, AK 99573; (907) 822– ICWA Coordinator, Native Village of Kluti- Association, ICWA Social Worker, P.O. 5241 Kaah, P.O. Box 68, Copper Center, AK Box 310, Dillingham, AK 99576; (907) 842– Galena Village (Louden), Tanana Chiefs 99573–0068; (907) 822–5541 Fax: (907) 4139 Conference, Inc., Director Human Services, 822–5130 ICWA Coordinator, Chilkat Indian Village 122 First Avenue, Suite 600, Fairbanks, AK Angoon Community Association, Central (Kluckwan), P.O. Box 210, Haines, AK 99701; (907) 452–8251 Council Tlingit & Haida Indian Tribes, 99827–0210; (907) 767–5505 Fax: (907) ICWA Coordinator, Native Village of ICWA Coordinator, 320 West Willoughby 767–5518 Gambell, P.O. Box 90, Gambell, AK 99742; Avenue, Suite 300, Juneau, AK 99801; Chilkoot Indian Association (Haines), Central (907) 985–5346 Fax: (907) 985–5220 (907) 586–1432 Council Tlingit & Haida Indian Tribes, Native Village of Georgetown, Association of Village of Aniak, Kuskokwim Native Assoc., ICWA Coordinator, 320 W. Willoughby Village Council Presidents, ICWA ICWA Coordinator, P.O. Box 127, Aniak, Avenue, Suite 300, Juneau, AK 99801; Coordinator, P.O. Box 219, Bethel, AK AK 99557; (907) 675–4387 (907) 586–1432 99559 Village of Anvik, Tanana Chiefs Conference, Chinik Eskimo Community (Golovin), Organized Village of Grayling, Tanana Chiefs Inc., Director Human Services, 122 First Kawerak, Inc., ICWA Coordinator, P.O. Box Conference, Inc., Director Human Services, Avenue, Suite 600, Fairbanks, AK 99701; 948, Nome, AK 99762; (907) 443–5231 122 First Avenue, Suite 600, Fairbanks, AK (907) 452–8251 ICWA Coordinator, Native Village of 99701; (907) 452–8251 ICWA Coordinator, Native Village of Arctic Chistochina, P.O. Box 241, Gakona, AK ICWA Coordinator, Gulkana Village, P.O. Box Village, P.O. Box 22059, Arctic Village, AK 99586–0241; (907) 822–3503 Fax: (907) 254, Gakona, AK 99586–0254; (907) 822– 99722–2059; (907) 587–5328 (907) 587– 822–5179 3746 Fax: (907) 822–3976 5328 ICWA Coordinator, Native Village of Chitina, Native Village of Hamilton, Association of Native Village of Atka, Aleutian/Pribilof P.O. Box 31, Chitina, AK 99566–0031; Village Council Presidents, ICWA Islands Assoc., ICWA Coordinator, 401 E. (907) 823–2215

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ICWA Coordinator, Native Village of Native Village of Shungnak, Manilaq ICWA Coordinator, Native Village of Chuathbaluk (Russian Mission), P.O. Box Association, ICWA Coordinator, P.O. Box Algaaciq (St. Mary’s), P.O. Box 48, St. CHU, Chuathbaluk, AK 99557; (907) 465– 256, Kotzebue, AK 99752; (907) 442–3311 Mary’s, AK 99658–0048; (907) 438–2335 4313 Fax: (907) 465–4113 Native Village of Stevens, ICWA Coordinator, Fax: (907) 438–2227 ICWA Coordinator, Circle Native PO Box 61593, Stevens Village, AK 99774– ICWA Coordinator, Native Village of Community, General Delivery, Circle, AK 1593 Goodnews Bay, P.O. Box 50, Goodnews 99733; (907) 733–5498 Native Village of Tanacross, United Crow Bay, AK 99589–0050; (907) 967–8929 Fax: Village of Clarks Point, Bristol Bay Native Band, Inc., ICWA Coordinator, P.O. Box (907) 967–8330 Association, ICWA Social Worker, P.O. 131, Tok, AK 99780; (907) 883–5137 ICWA Coordinator, Native Village of Eek, Box 310, Dillingham, AK 99576; (907) 842– Telida Village, Tanana Chiefs Conference, P.O. Box 63, Eek, AK 99578–0063; (907) 4139 Inc., Director Human Services, 122 First 536–5572 Fax: (907) 536–5711 Native Village of Council, Kawerak, Inc., Avenue, Suite 600, Fairbanks, AK 99701; ICWA Coordinator, Native Village of ICWA Coordinator, P.O. Box 948, Nome, (907) 452–8251 Kongiganak, P.O. Box 5069, Kongiganak, AK 99762; (907) 443–5231 Naknek Native Village, Bristol Bay Native AK 99559–5069; (907) 557–5226 Fax: (907) Craig Community Association, Central Association, ICWA Coordinator, P.O. Box 557–5224 Council Tlingit & Haida Indian Tribes, 310, Dillingham, AK 99576; (907) 842– ICWA Coordinator, Knik Tribe, P.O. Box ICWA Coordinator, 320 W. Willoughby 4139 871565, Wasilla, AK 99687–1565; (907) Avenue, Suite 300, Juneau, AK 99801; Native Village of Nanwalek, Chugachmiut, 373–7991 Fax: (907) 373–2161 (907) 586–1432 Inc., ICWA Coordinator, 4201 Tudor Centre Kokhanok Tribe, Bristol Bay Native Village of Crooked Creek, Kuskokwim Native Drive, Suite 210, Anchorage, AK 99508; Association, ICWA Coordinator, P.O. Box Assoc., ICWA Coordinator, P.O. Box 127 (907) 562–4155 310, Dillingham, AK 99559; (907) 842– Aniak, AK 99557; (907) 675–4387 Native Village of Napaimute, Association of 5257 Curyung Tribal Council (Dillingham), Bristol Village Council Presidents, ICWA Koliganek Village Council (New), Bristol Bay Bay Native Association, ICWA Social Coordinator, P.O. Box 219, Bethel, AK Native Association, ICWA Coordinator, Worker, P.O. Box 310, Dillingham, AK 99559; (907) 543–3596 P.O. Box 310, Dillingham, AK 99559; (907) 99576; (907) 842–4139 Agdaagux Tribe of King Cove, Aleutian/ 842–5257 ICWA Coordinator, Native Village of Deering, Pribilof Islands Assoc., ICWA Coordinator, Native Village of Koyuk, Kawerak, Inc., P.O. 36089, Deering, AK 99736–0089; (907) 401 E. Fireweed Ln., Suite 201, Anchorage, ICWA Coordinator, P.O. Box 948, Nome, 363–2138 Fax: (907) 363–2195 AK 99503; (907) 276–2700 AK 99762; (907) 443–5231 Native Village of Diomede, Kawerak, Inc., Native Village of Nightmute, United Villages, ICWA Coordinator, Native Village of ICWA Coordinator, P.O. Box 948, Nome, Inc., ICWA Specialist, P.O. Box 37148, Nunapitchuk, P.O. Box 130, Nunapitchuk, AK 99641–0130; (907) 527–5705 Fax: (907) AK 99762; (907) 443–5231 Tooksook Bay, AK 99637; (907) 427–7827 527–5705 ICWA Coordinator, Village of Dot Lake, P.O. Native Village of Point Lay, Arctic Slope Levelock Village, Bristol Bay Native Box 2275, Dot Lake, AK 99737–2275; (907) Native Association, Limited, ICWA Association, ICWA Coordinator, P.O. Box 883–4227 Fax: (907) 883–4223 Coordinator, P.O. Box 1232, Barrow, AK 310, Dillingham, AK 99576; (907) 842– Native Village of Eagle, Tanana Chiefs 99723; (907) 852–2762 5257 Conference, Inc., Director Human Services, Village of Wainwright, Arctic Slope Native Lesnoi Village (Woody Island), Association of 122 First Avenue, Suite 600, Fairbanks, AK Association, Limited, ICWA Coordinator, Village Council Presidents, ICWA 99701; (907) 452–8251 P.O. Box 1232, Barrow, AK 99723; (907) Coordinator, P.O. Box 219, Bethel, AK Egegik Village, Bristol Bay Native Assoc., 852–2762 99559; (907) 543–3521 ICWA Social Worker, P.O. Box 310, Kaktovik Village, Arctic Slope Native ICWA Coordinator, Lime Village, P.O. Box Dillingham, AK 99576; (907) 842–4139 Association, Limited, ICWA Coordinator, LVD, McGrath, AK 99627 Native Village of Ekuk, Bristol Bay Native P.O. Box 1232 Barrow, AK 99723; (907) Village of Lower Kalskag, Kuskokwim Native Assoc., ICWA Social Worker, P.O. Box 310, 852–2762 Association, ICWA Coordinator, P.O. Box Dillingham, AK 99576; (907) 842–4139 Native Village of Nuiqsut, Arctic Slope 127 Aniak, AK 99557; (907) 675–4384 Ekwok Village, Bristol Bay Native Native Association, Limited, ICWA Manokotak Village, Bristol Bay Native Association, ICWA Social Worker, P.O. Coordinator, P.O. Box 1232, Barrow, AK Association, ICWA Coordinator, P.O. Box Box 310, Dillingham, AK 99576; (907) 842– 99723; (907) 852–2762 310, Dillingham, AK 99576; (907) 842– 4139 ICWA Coordinator, Native Village of Sheldon 5257 Native Village of Elim, Kawerak, Inc., ICWA Point, P.O. Box 27, Sheldon Point, AK Native Village of Mary’s Igloo, Kawerak, Inc., Coordinator, P.O. Box 948, Nome, AK 99666–0027; (907) 498–4184 Fax (907) ICWA Coordinator, P.O. Box 948, Nome, 99762; (907) 443–5231 498–4185 AK 99762; (907) 443–5231 ICWA Coordinator, Manley Hot Springs ICWA Coordinator, Pilot Station Traditional ICWA Coordinator, Native Village of Village, P.O. Box 23, Manley Hot Springs, Village, P.O. Box 5119, Pilot Station, AK Napakiak, General Delivery, Napakiak, AK AK 99756-0023; (907) 672–3177 Fax: (907) 99650–5119; (907) 549–3373 Fax (907) 99634; (907) 589–2815 Fax: (907) 589–2412 672–3200 549–3301 Native Village of Nelson Lagoon, Aleutian/ McGrath Native Village, Tanana Chiefs ICWA Coordinator, Native Village of Pribilof Islands Association, ICWA Conference, Inc., Director Human Services, Tununak, P.O. Box 77, Tununak, AK Coordinator, 401 E. Fireweed Ln., Suite 122 First Avenue, Suite 600, Fairbanks, AK 99681–0077; (907) 652–6527 Fax: (907) 201, Anchorage, AK 99503; (907) 276–2700 99701; (907) 452–8251 652–6011 ICWA Coordinator, Newhalen Village, P.O. Native Village of Minto, Tanana Chiefs ICWA Coordinator, Village of Stony River, Box 207, Newhalen, AK 99606–0207; (907) Conference, Inc., Director Human Services, P.O. Box SRV, Stony River, AK 99557– 571–2410 122 First Avenue, Suite 600, Fairbanks, AK 0000; (907) 537–3238 Fax: (907) 537–3210 ICWA Coordinator, Newtok Village, P.O. Box 99701; (907) 452–8251 ICWA Coordinator, Native Village of Chevak, 5545, Newtok, AK 99559–5545; (907) 237– Nikolai Village, Tanana Chiefs Conference, P.O. Box 140, Chevak, AK 99563–0140; 2314 Inc., Director Human Services, 122 First (907) 858–7252 Fax: (907) 858–7812 Native Village of Nikolski, Aleutian/Pribilof Avenue, Suite 600, Fairbanks, AK 99701; ICWA Coordinator, Village of Kotlik, P.O. Islands Association, ICWA Coordinator, (907) 452–8251 Box 20037, Kotlik, AK 99620–0037; (907) 401 E. Fireweed Ln., Suite 201, Anchorage, Northway Village, Tanana Chiefs Conference, 899–4232 Fax: (907) 899–4461 AK 99503; (907) 276–2700 Inc., Director Human Services, 122 First ICWA Coordinator, Village of Alakanuk, P.O. ICWA Coordinator, Nome Eskimo Avenue, Suite 600, Fairbanks, AK 99701; Box 103, Alakanuk, AK 99554–0103; (907) Community, P.O. Box 1090, Nome, AK (907) 452–8251 238–3704 Fax: (907) 238–3062 99762–1090; (907) 443–2246 Fax: (907) Nulato Village, Tanana Chiefs Conference, ICWA Coordinator, Native Village of 443–3539 Inc., Director Human Services, 122 First Scammon Bay, P.O. Box 126, Scammon ICWA Coordinator, Nondalton Village, P.O. Avenue, Suite 600, Fairbanks, AK 99701; Bay, AK 99662–0126; (907) 558–5425 Fax: Box 49, Nondalton, AK 99640–0049; (907) (907) 452–8251 (907) 558–5134 294–2220 Fax: (907) 294–2234

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Village of Ohogamiut, Association of Village Native Village of Savoonga, Kawerak, Inc., Qawalangin Tribe of Unalaska, Aleutian/ Council Presidents, ICWA Coordinator, ICWA Coordinator, P.O. Box 948, Nome, Pribilof Islands Assoc., ICWA Coordinator, P.O. Box 219, Bethel, AK 99559; (907) 543– AK 99762; (907) 443–5231 401 E. Fireweed Ln., Suite 201, Anchorage, 3531 St. George Island, Aleutian/Pribilof Islands AK 99503; (907) 276–2700 ICWA Coordinator, Native Village of Assoc., ICWA Coordinator, 401 E. Native Village of Unga, Aleutian/Pribilof Orutsararmuit, P.O. Box 927, Bethel, AK Fireweed Ln., Suite 201, Anchorage, AK Islands Association, ICWA Coordinator, 99559–0927; (907) 543–2608 99503; (907) 276–2700 401 E. Fireweed Ln., Suite 201, Anchorage, Oscarville Traditional Village, Association of St. Paul Island, Aleutian/Pribilof Islands AK 99503; (907) 276–2700 Village Council Presidents, ICWA Assoc., ICWA Coordinator, 401 E. ICWA Coordinator, Village of Venetie, P.O. Coordinator, P.O. Box 219, Bethel, AK Fireweed Ln., Suite 201, Anchorage, AK Box 119, Venetie, AK 99781–0119; (907) 99559; (907) 543–3531 99503; (907) 276–2700 849–8212 Fax: (907) 849–8513 Native Village of Paimiut, Association of Native Village of Shaktoolik, Kawerak, Inc., Native Village of Wales, Kawerak, Inc., ICWA Village Council Presidents, ICWA ICWA Coordinator, P.O. Box 948, Nome, Coordinator, P.O. Box 948, Nome, AK Coordinator, P.O. Box 219, Bethel, AK AK 99762; (907) 443–5231 99762; (907) 443–5231 Native Village of White Mountain, Kawerak, 99559; (907) 543–3531 Native Village of Shishmaref, Kawerak, Inc., Inc., ICWA Coordinator, P.O. Box 948, Pauloff Harbor Village, Aleutian/Pribilof ICWA Coordinator, P.O. Box 948, Nome, Nome, AK 99762; (907) 443–5231 Islands Association, ICWA Coordinator, AK 99762; (907) 443–5231 ICWA Coordinator, Sitka Tribe of Alaska, 456 Wrangell Cooperative Association, Central 401 E. Fireweed Ln., Suite 201, Anchorage, Council of Tlingit & Haida Indian Tribes, AK 99503; (907) 276–2700 Katlian St, Sitka, AK 99835; (907) 747– 3207 Fax: (907) 747–4915 ICWA Coordinator, 320 W. Willouby ICWA Coordinator, Pedro Bay Village, P.O. Avenue, Suite 300, Juneau, AK 99801; Box 47020, Pedro Bay, AK 99647–7020; Skagway Village, Central Council Tlingit & Haida Indian Tribes, ICWA Coordinator, (907) 586–1432 (907) 850–2225 Fax: (907) 850–2227 320 W. Willoughby Avenue, Suite 300, ICWA Coordinator, Yakutat Tlingit Tribe, Native Village of Perryville, Bristol Bay Juneau, AK 99801; (907) 586–1432 P.O. Box 418, Yakutat, AK 99689–0418; Native Association, ICWA Coordinator, Village of Sleetmute, Association of Village (907) 784–3437 Fax: (907) 784–3556 P.O. Box 310, Dillingham, AK 99576; (907) Council Presidents, ICWA Coordinator, Village of Kaltag, Tanana Chiefs Conference, 842–5257 P.O. Box 219, Bethel, AK 99559; (907) 543– Inc., Director Human Services, 122 First Petersburg Indian Association, Central 3521 Avenue, Suite 600, Fairbanks, AK 99701; Council Tlingit & Haida Indian Tribes, Village of Solomon, Kawerak, Inc., ICWA (907) 452–8251 ICWA Coordinator, 320 W. Willoughby Coordinator, P.O. Box 948, Nome, AK Koyukuk Native Village, Tanana Chiefs Ave., Suite 300, Juneau, AK 99801; (907) 99762; (907) 443–5231 Conference, Inc., Director Human Services, 586–1432 South Naknek Village, Bristol Bay Native 122 First Avenue, Suite 600, Fairbanks, AK Native Village of Pilot Point, Bristol Bay Association, ICWA Coordinator, P.O. Box 99701; (907) 452–8251 Native Association, ICWA Coordinator, 310, Dillingham, AK 99576; (907) 842– Native Village of Chignik Lagoon, Bristol Bay P.O. Box 310, Dillingham, AK 99576; (907) 5257 Native Association, ICWA Social Worker, 842–5257 Stebbins Community Association, Kawerak, P.O. Box 310, Dillingham, AK 99576; (907) 842–4139 Native Village of Pitka’s Point, Kuigpaimut, Inc., ICWA Coordinator, P.O. Box 948, Native Village of Saint Michael, Kawerak, Inc., ICWA Coordinator, P.O. Box 32209, Nome, AK 99762; (907) 443–5231 Inc., ICWA Coordinator, P.O. Box 948, Mountain Villagek, AK 99632; (907) 591– Takotna Village, Tanana Chiefs Conference, Nome, AK 99762; (907) 443–5231 2834 Inc., Director Human Services, 122 First ICWA Coordinator, Native Village of Selawik, ICWA Coordinator, Platinum Traditional Avenue, Suite 600, Fairbanks, AK 99701; P.O. Box 59, Selawik, AK 99770–0059; Village, General Delivery, Platinum, AK (907) 452–8251 (907) 484–2225 Fax: (907) 484–2226 99651; (907) 979–8114 ICWA Coordinator, Native Village of Tanana, Shageluk Native Village, Tanana Chiefs Native Village of Port Heiden, Bristol Bay P.O. Box 77093, Tanana, AK 99777–7093; Conference, Inc., Director Human Services, Native Association, ICWA Coordinator, (907) 366–7160 Fax: (907) 366–7195 P.O. Box 310, Dillingham, AK 99576; (907) 122 First Avenue, Suite 600, Fairbanks, AK Native Village of Tatitlek, Chugachmiut, Inc., 99701; (907) 452–8251 842–5257 ICWA Coordinator, 4201 Tudor Centre Portage Creek Village, Bristol Bay Native Native Village of Unalakleet, Kawerak, Inc., Drive, Suite 210, Anchorage, AK 99508; ICWA Coordinator, P.O. Box 948, Nome, Association, ICWA Coordinator, P.O. Box (907) 562–4255 310, Dillingham, AK 99576; (907) 842– AK 99762; (907) 443–5231 Native Village of Tazlina, Copper River Native Village of Napaskiak, Association of 5257 Native Assoc., ICWA Coordinator, Drawer Qagan Tayagungin Tribe of Sand Point Village Council Presidents, ICWA H, Copper Center, AK 99573; (907) 822– Coordinator, P.O. Box 219, Dillingham, AK Village, Aleutian/Pribilof Islands 5241 Association, Inc., ICWA Coordinator, 401 99559; (907) 543–352 Native Village of Teller, Kawerak, Inc., ICWA King Island Native Community, Kawerak, E. Fireweed Ln., Suite 201, Anchorage, AK Coordinator, P.O. Box 948, Nome, AK Inc., ICWA Coordinator, P.O. Box 948, 99503; (907) 276–2700 99762; (907) 443–5231 Nome, AK 99762; (907) 443–5231 New Stuyahok Village, Bristol Bay Native Native Village of Tetlin, Tanana Chiefs ICWA Coordinator, Akiak Native Association, ICWA Social Worker, P.O. Conference, Inc., Director Human Services, Community, P.O. Box 52127, Akiak, AK Box 310, Dillingham, AK 99576; (907) 842– 122 First Avenue, Suite 600, Fairbanks, AK 99552; (907) 765–7112 Fax: (907) 765–7512 4139 99701; (907) 452–8251 Traditional Village of Togiak, Bristol Bay ICWA Coordinator, Central Council Tlingit & Minneapolis Area Native Association, ICWA Social Worker, Haida Indian Tribes, 320 W. Willoughby Catherine Blanchard, ICWA Coordinator, Bad P.O. Box 310, Dillingham, AK 99573; (907) Avenue, Suite 300, Juneau, AK 99801; River Band of Lake Superior Chippewa 842–4139 (907) 586–1432 Fax: (907) 586–8970 Indians of Wisconsin, P.O. Box 39, Rampart Village, Tanana Chiefs Conference, Ugashik Village Bristol Bay Native Odanah, WI 54861; (715) 682–7111 Inc., Director Human Services, 122 First Association, ICWA Social Worker, P.O. Cheryl Baragwanath, ICWA Worker, Bay Avenue, Suite 600, Fairbanks, AK 99701, Box 310, Dillingham, AK 99573; (907) 842– Mills Indian Community of Michigan, (907) 452–8251 4139 Route 1, Box 313, Brimley, MI 49715; (906) Native Village of Salamatof, Kenaitze Indian Umkumiut Native Village, Association of 248–3241 Tribe, ICWA Coordinator, P.O. Box 988, Village Council Presidents, ICWA Julia Jaakola, Social Services Coordinator, Kenai, AK 99611; (907) 283–3633 Coordinator, P.O. Box 219, Bethel, AK Fond du Lac Reservation Business Organized Village of Saxman, Central 99559; (907) 543–3521 Committee, 105 University Road, Cloquet, Council Tlingit & Haida Indian Tribes, Native Village of Unalakleet, Aleutian/ MN 55720; (218) 879–4953 ICWA Coordinator, 320 W. Willoughby Pribilof Islands Association, ICWA Ann Houle, ICWA Coordinator, Forest Avenue, Suite 300, Juneau, AK 99801; Coordinator 401 E. Fireweed Ln., Suite County Potawatomi Community of (907) 586–1432 201, Anchorage, AK 99503 Wisconsin,

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P.O. Box 340, Crandon, WI 54520; (715) 478– Nancy L. Kane, ICWA Director, Sokaogon Navajo Area 2903 Chippewa (Mole Lake) Community of Navajo Nation, Division of Social Services, Jan Gwuett, Grand Portage Reservation Wisconsin, Route 1, Box 625, Crandon, WI Indian Child Welfare Act Program, Delores Business Committee, P.O. Box 428, Grand 54520; (715) 478–2604 Greyeyes, Director, P.O. Box 1926, Window Portage, MN 55605; (218) 475–2277 or Joann Berg, ICWA Coordinator, St. Croix Rock, Arizona 86515 2279 Chippewa Indians of Wisconsin, P.O. Box Jenny Thompson, ICWA Worker, 287, Hertel, WI 54845; (715) 349–2195 Phoenix Area Hannahville Indian Community of Jon Schedler, ICWA Coordinator, Area Social Worker, Two Arizona Center, 400 Michigan, N14911 Hannahville B1 Road, Stockbridge-Munsee Community of North Fifth Street, P.O. Box 10, Phoenix, Wilson, MI 49896–9728; (906) 466–2932 Wisconsin, N8476 Mo He Con Nuck Road, Arizona 85001; (602) 379–6785 ICWA Coordinator, Ho-Chunk Nation, P.O. Bowler, WI 54416; (715) 793–4111 Ak Chin Indian Community of Papago Box 667, Black River Falls, WI 54615; (715) Carrie Ross, ICWA Director, Upper Sioux Indians of the Maricopa Ak Chin 284–9343 Community of Minnesota, P.O. Box 418, Reservation, 47314 West Ferrell Road, Shirley A. English, Chairperson, Huron Granite Falls, MN 56241; (612) 564–2360 Maricopa, Arizona 85239; (520) 568–9481 Potawatomi, Inc., 2221—11⁄2 Mile Road, Jeri Jasken, ICWA Coordinator, White Earth Chairman, Battle Mountain Band, 37 Fulton, MI 49052; (616) 729–5151 Reservation Business Committee, P.O. Box Mountain View Drive, #1040–13, Battle Kimberly Fish, ICWA Worker, Keweenaw 418, White Earth, MN 56591; (218) 983– Mountain, Nevada 89820; (702) 635–2004. Bay Indian Community of The L’anse 3285 Chairperson, Chemehuevi Indian Tribe of Reservation of Michigan, Route 1, Box 45, Muskogee Area California, P.O. Box 1976, Havasu Lake, Baraga, MI 49908; (906) 353–6623 California 92362; (760) 858–4301 Kathryn Lapointe, Tribal Social Services Chief, Alabama-Quassarte Tribal Town, P.O. Chairperson, Cocopah Tribe of Arizona, Director, Lac Courte Oreilles Band of Lake Box 537, Henryetta, OK 74437; (918) 652– County 15th Avenue & Bin G, Somerton, Superior Chippewa Indians of Wisconsin, 8708 Arizona 85350 (520) 627–2102 Route 2, Box 2700, Hayward, WI 54843; Linda Woodward, Director, Cherokee Nation Chairman, Colorado River Tribes of the (715) 634–8934 of Oklahoma ICWA Program, P.O. Box 948, Colorado River Indian Reservation Matt Weber, ICWA Director, Lac du Tahlequah, OK 74465; (918) 456–0671 Ext. (Arizona and California), Route 1, Box 23– Flambeau Band of Lake Superior Chippewa 2220 B, Parker, Arizona 85344; (520) 669–9211 Indians of Wisconsin, P.O. Box 67, Lac du Darrell Walker, Director of Family Advocacy, Chairman, Confederated Tribes of the Flambeau, WI 54538; (715) 588–3303 The Chickasaw Nation, Department of Goshute Reservation (Nevada and Utah), Delsey Treado, ICWA Director, Lac Vieux Family Advocacy, P.O. Box 1548, Ada, OK P.O. Box 6104, Ibapah, Utah 84034; (801) Desert Band of Lake Superior Chippewa 74820; (580) 436–2603 234–1136 Indians of Michigan, P.O. Box 249—Choate Gregory E. Pyle, Chief, and Rodger M. Pate, Chairman, Duckwater Shoshone Tribe of the Road, Watersmeet, MI 49969; (906) 358– Director, Choctaw Nation of Oklahoma, Duckwater Reservation (Nevada), P.O. Box 4577 P.O. Drawer 1210, Durant, OK 74702–1210; 140068 Duckwater, Nevada 89314; (702) Kimberly Kequom, Family Services Director, (580) 924–8280 863–0227 Little River Band of Ottawa Indians, Inc., Children and Family Services/ICWA, P.O. Chairman, Elko Band, 511 Sunset Street, P.O. Box 314, Manistee, MI 49660; (616) Box 757, Hugo, OK 74743; (580) 326–3362 Elko, Nevada 89801; (702) 738–8889 723–8288 Director, Indian Child Welfare Program, Chairman, Ely Indian Colony of Nevada, 16 Mental Health Worker, Little Traverse Bay Eastern Shawnee Tribe of Oklahoma, P.O. Shoshone Circle, Ely, Nevada 89301; (702) Band of Odawa Indians, Inc., P.O. Box 246, Box 350, Seneca, MO 64865; (918) 666– 289–3013 1345 US 31 N., Petoskey, MI 49770; (616) 2435 Social Services Director, Fort Mojave Tribe of 348–3410 Larry Losoncy, Director, ICWA Program, Arizona, 500 Merriman Avenue, Needles, Angie O’keefe, Social Services Director, Kialegee Tribal Town, P.O. Box 332, California 92363; (760) 629–3745. Lower Sioux Indian Community of Wetumka, OK 74883; (918) 452–3262 Chairperson, Fort McDermitt Paiute and Minnesota, Rural Route 1, Box 308, Tonya Grube, Social Services Director, Shoshone Tribes of the Fort McDermitt Morton, MN 56270; (507) 697–6185 Modoc Tribe of Oklahoma, 515 G Street SE, Indian Reservation, P.O. Box 457, Mary Husby, Social Services Director, Miami, OK 74354; (918) 542–1190 McDermitt, Nevada 89421; (702) 532–8259 Menominee Indian Tribe of Wisconsin, Chief, Miami Tribe of Oklahoma, P.O. Box ICWA Coordinator, Fort McDowell Mohave- P.O. Box 910, Keshena, WI 54135–0910; 1326, Miami, OK 74355; (918) 542–1445 Apache Indian Community, P.O. Box (715) 799–5100 Children & Family Services Administration, 17779, Fountain Hills, Arizona 85269; Adrienne Adkins, Human Services Director, The Muscogee (Creek) Nation, P.O. Box (520) 816–7247 Minnesota Chippewa Tribe of Minnesota, 580, Okmulgee, OK 74447; (918) 756–2112 Governor, Gila River Pima-Maricopa Indian P.O. Box 217, Cass Lake, MN 56633; (218) Principal Chief, Osage Tribal Council, Osage Community, P.O. Box 97, Sacaton, Arizona 335–8581 Tribe of Indians of Oklahoma, P.O. Box 85247; (520) 562–6000 Roger Williams, Social Services Director, 779, Pawhuska, OK 74056; (918) 287–1085 ICWA Director, Vice-Chairman, Chairman, Pokagon Band of Potawatomi Indians of Chief, Ottawa Tribe of Oklahoma, P.O. Box Havasupai Tribe of Arizona, P.O. Box 10, Michigan, 714 North Front Street, 110, Miami, OK 74355; (918) 540–1536 Supai, Arizona 86435; (520) 448–2731 Dowagiac, MI 49047; (616)782–8998 Chief, Peoria Tribe of Oklahoma, P.O. Box Director of Social Services, Hopi Tribe of Audrey Kohnen, President, Prairie Island 1527, Miami, OK 74355; (918) 540–2535 Arizona, P.O. Box 123, Kykotsmovi, Indian Community of Minnesota, 1158 Ed Rodgers, Business Committee Chairman, Arizona 86039; (520) 734–3000 Island Boulevard, Welch, MN 55089–9540; Quapaw Tribe of Oklahoma, P.O. Box 765, Director, Department of Health, Hualapai (612) 385–2554 Quapaw, OK 74363; (918) 542–1853 Tribe of Arizona, P.O. Box 179, 960 Rodeo Nora A. Hiller, ICWA Director, Red Cliff Principal Chief, Seminole Nation of Way, Peach Springs, Arizona 86434; (520) Band of Lake Superior Chippewa Indians Oklahoma, P.O. Box 1498, Wewoka, OK 769–2207 of Wisconsin, P.O. Box 529, Bayfield, WI 74884; (405) 257–6287 Social Services Program, Kaibab Band of 54814; (715) 779–3700 Jerry R. Dilliner, Chief, Seneca-Cayuga Tribe Paiute Indians, Pipe Springs, Arizona Donald Wannatee, ICWA Director, Sac & Fox of Oklahoma, P.O. Box 1283, Miami, OK 86022; (520) 643–7245 Tribe of the Mississippi in Iowa, 3137 F 74355; (918) 542–6609 Chairperson, Las Vegas Tribe of Paiute Avenue, Tama, IA 52339; (515) 484–4678 Marcelin R. Pate, Business Manager, Indians of the Las Vegas Indian Colony Michelle Koenig, ICWA Coordinator, Georganna Larkin, ICWA Social Worker, (Nevada), One Paiute Drive, Las Vegas, Saginaw Chippewa Indians of MI, 7070 Lydia C. Mcbroom, Director, Thlopthlocco Nevada 89106; (702) 386–3926 East Broadway Road, Mt. Pleasant, MI Tribal Town, Indian Child Welfare Lovelock Paiute Tribe of the Lovelock Indian 48858; (517) 772–5700 Program, P.O. Box 706, Okemah, OK Colony (Nevada), P.O. Box 878, Lovelock, Kim Goetzinger, Social Services Director, 74859; (918) 623–2620 Nevada 89419; (702) 273–7861 Shakopee Mdewakanton Sioux Community Carla Culver, Director of Family Services, Moapa Band of the Paiute Indians, P.O. Box of Minnesota, 2330 Sioux Trail NW, Prior Wyandotte Tribe of Oklahoma, P.O. Box 340, Moapa, Nevada 89025–0340; (702) Lake, MN 55372; (612) 445–8900 1527, Miami, OK 74355; (918) 678–2297 865–2787

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Chairperson, Paiute Indian Tribe of Utah, 600 Reservation, P.O. Box 1188, Camp Verde, Linda Charette, Squaxin Island Tribal North 100 East Paiute Drive, Cedar City, Arizona 86322; (520) 567–3649 Council, SE 70 Squaxin Lane, Shelton, WA Utah 84720; (435) 586–1000 Social Services Director, Yavapai-Prescott 98584–9200; (360) 427–9006 Fax: (360) Chairman, Paiute-Shoshone Tribe of the Tribe of the Yavapai Reservation, 530 East 427–1957 Fallon Reservation and Colony (Nevada), Merritt Street, Prescott, Arizona 86301– Gary Ramey, ICWA, Stillaguamish Tribe of 8955 Mission Road, Fallon, Nevada 89406; 2038; (520) 445–8790 Washington, P.O. Box 277, Arlington, WA (702) 423–6075 ICWA Director, Yerington Paiute Tribe of 98223–0277; (360) 652–7362 Fax: (360) Chairman, Pascua Yaqui Tribe of Arizona, Yerington Colony and Campbell Ranch, 435–7689 7474 S. Camino De Oeste, Tucson, Arizona 171 Campbell Lane, Yerington, Nevada Ed Barnhart, ICWA, Suquamish Indian Tribe 85746; (520) 883–5000 89447; (702) 463–3301 of the Port Madison Reservation, P.O. Box Chairman, Pyramid Lake Paiute Tribe of Chairman, Yomba Shoshone Tribe, HC 61, 498, Suquamish, WA 98392; (360) 598– Nevada, P.O. Box 256, Nixon, Nevada Box 6275, Austin, Nevada 89310; (702) 3311 (Fax): 598–4414 89424; (702) 574–1000 964–2463 Tracy Parker, ICWA, Swinomish Indians, Chairman, Quechan Tribe of the Fort Yuma P.O. Box 817, LaConner, WA 98256; (360) Indian Reservation (California), P.O. Box Portland Area 466–3163 1899, Yuma, Arizona 85366–1899; (760) General Manager, Burns Paiute Tribe, H.C. Linda Jones, ICWA, Tulalip Tribe, 6700 522–0213 71, 100 Pasigo Street, Burns, OR 97720; Totem Beach Road, Marysville, WA 98271; Tribal Court or Director of Social Services, (541) 573–2088 (360) 651–3284 Fax: (360) 651–3290 Reno-Sparks Indian Colony, Nevada, 98 Margert Tebo, ICWA, Chehalis Business Michelle Anderson-Kamato, ICWA Upper Colony Road, Reno, Nevada 89502; (702) Council, P.O. Box 536, Oakville, WA Skagit Indian Tribe of Washington, 2284 329–5071 98568–9616; (360) 273–5911 Fax: (360) Community Plaza Way, Sedro Woolley, Social Services or Juvenile Tribal Court, Salt 273–5914 WA 98284; (360) 856–4200 Fax: (360) 856– River Pima-Maricopa Indian Community, Ruth King, Hoh Tribal Business Committee, 3537 10005 East Osborn Road, Scottsdale, 2464 Lower Hoh Road, Forks, WA 98331; Chief Judge Lola Sohappy, Warm Springs Arizona 85256; (602) 850–8470 (360) 374–6582 Fax: (360) 374–6549 Tribal Court, Warm Springs Reservation, Social Services Program, San Juan Southern Liz Mueller, Jamestown S’Kallam Tribal P.O. Box 850, Warm Springs, OR 97761; Paiute Tribe of Arizona, P.O. Box 3361, Council, 1033 Old Blyn Hwy., Sequim, WA (541) 553–3454 Tuba City, Arizona 86045; (520) 283–5303 98382; (360) 683–1109 Fax: (360) 681–4649 ICWA Coordinator/Director of Tribal Social Jan Lopez, Lower Elwha Tribal Community Sacramento Area Services, San Carlos Apache Tribe of Council, 2851 Lower Elwha Road, Port Agua Caliente Band of Cahuilla Indians, Luke Arizona, P.O. Box 0, Building #7, San Angeles, WA 98363–9518; (360) 452–8471 Madrigal, Director, Indian Child & Family Carlos Avenue, San Carlos, Arizona 85550; Fax: (360) 452–3428 Services, P.O. Box 2269, Temecula, CA (520) 475–2313/2314/2670 Kim Goes Behind, ICWA, Lummi Tribe of the 92390; (909) 676–8832 Chairman, Shoshone-Paiute Tribes of the Lummi Reservation, 1790 Bayon Road, Alturas Rancheria, Shelley Holloway, ICWA Duck Valley Reservation (Nevada), P.O. Bellingham, WA 98225; (360) 738–3959 Coordinator, Modoc Indian Health Project, Box 219, Owyhee, Nevada 89832; (702) Fax: (360) 671–3840 P.O. Box 251, Alturas, CA 96101; (530) 757–3161 Muckleshoot Indian Tribe, 39015 172nd 233–5571 ICWA Program Office, Skull Valley Band of Avenue, SE, Auburn, WA 98092 Auburn Rancheria, Chairperson, United Goshute Indians of Utah (Uintah & Ouray), Donna Starr, ICWA; (253) 939–3311 Fax: Auburn Indian Community, 661 Newcastle South City Center, Suite 214, 24870 South (253) 939–5311 Road, Suite 1, Newcastle, CA 95658; (916) Main Street, Salt Lake City, Utah 84115; Kim Phonias, ICWA, Nisqually Indian 663–3720 (801) 474–0532 Community, 4820 She-Nah-Num Drive, SE, Augustine Band of Mission Indians, Maryann Chairman, South Fork Band, Box B–13, Lee, Olympia, WA 98513; (360) 456–5221 Fax: Martin, Chair, 84–481 Avenue 54, Nevada 89829; (702) 744–4273 (360) 407–0318 Coachella, CA 92236; (760) 398–4722 Chairperson, Summit Lake Paiute Tribe, 655 Bobbie Hillaire, ICWA, Nooksack Indian Barona Band of Mission Indians, Linda Anderson Street, Winnemucca, Nevada Tribe of Washington, P.O. Box 648, Zuniga, ICSS Program Director, Southern 89445; (702) 623–5151 Everson, WA 98247; (360) 592–5176 Fax: Indian Health Council, Inc., P.O. Box 2128, Program Director, Te-Moak Tribe of Western (360) 996–2304 Alpine, CA 91901; (619) 445–1188 Shoshone Indians, 525 Sunset Street, Elko, Vickie Doyle, ICWA, Port Gamble Indian Benton Paiute, Margaret Romero, ICWA Nevada 89801; (702) 738–9251 Community, 31912 Little Boston Road, NE, Coordinator, Toiyabe Indian Health Project Attorney General, Tohono O’odham Nation Kingston, WA 98346; (360) 297–7623 Fax: 52 Tusu Lane, Bishop, CA 93514; (760) of Arizona, P.O. Box 1202, Sells, Arizona (360) 297–4452 873–6394 85634; (520) 383–2221 Ext. 472–475 Sandy Reyes, ICWA, Puyallup Tribe, 2002 Berry Creek Rancheria, April Cottrell, ICWA ICWA Director, Tonto Apache Tribe of East 28th Street, Tacoma, WA 98404; (253) Coordinator, 5 Tyme Way, Oroville, CA Arizona, Tonto Reservation #30, Payson, 573–7827 Fax: (253) 272–9514 95966; (530) 534–3859 Arizona 85541; (520) 474–5000 Margret Ward, Quileute Tribal Council, P.O. Big Lagoon Rancheria, Jolanda Ingram, ICWA Worker, Ute Indian Tribe of the Uintah Box 279, LaPush, WA 98350–0279; (360) Director, Two Feathers ICWA Program, & Ouray Reservation (Utah), P.O. Box 190, 374–4325 Fax: (360) 374–6311 P.O. Box 640, Eureka, CA 95502; (707) Fort Duchesne, UT 84026; (475) 722–3689 Clara Hall, Quinault Indian Nation Business 443–6399 Chairman, Walker River Paiute Tribe, P.O. Committee, P.O. Box 189, Taholah, WA Big Pine Rancheria, Margaret Romero, ICWA Box 220, Schurz, Nevada 89427; (702) 773– 98587–0189; (360) 273–8211 Ext 240 Fax Coordinator, Toiyabe Health Project, 52 2306 (360) 267–6778 Tusu Lane, Bishop, CA 93514; 760–873– Chairman, Washoe Tribe of Nevada and Chairman, Samish Indian Tribe of 6394 Fax: (760) 873–3254 California (Carson Colony, Dresslerville Washington, P.O. Box 217, Anacortes, WA Big Sandy Rancheria, Jeanelle Tex, ICWA and Washoe Ranches), 919 Hwy. 395 98221; (360) 293–6404 Fax: (360) 299–0790 Coordinator, P.O. Box 337, Auberry, CA South, Gardnerville, Nevada 89410; (702) Dana Trailor, ICWA, Sauk-Suiattle Indian 93602; (209) 855–4594 Fax: (209) 855–4129 883–1446 Tribe of Washington, 5318 Chief Brown Big Valley Rancheria, Valentino Jack, Chair, Chairperson, Wells Indian Colony Band, P.O. Lane, Darrington, WA 98241; (360) 436– P.O. Box 955, Lakeport, CA 95453; (707) Box 809, Wells, Nevada 89835; 1900 Fax: (360) 436–0242 263–3924 Chairperson, White Mountain Apache Tribe, Lorrain Anderson (Liwac), Shoalwater Bay Bishop Reservation, Margaret Romero, ICWA P.O. Box 700, Whiteriver, Arizona 85941; Tribal Council, P.O. Box 130, Tokeland, Coordinator, Toiyabe Health Project, 52 Tu (520) 338–4346 WA 98590–0130; (360) 267–6766 Fax: Su Lane, Bishop, CA 93514; (760) 873– Chairman, Winnemucca Indian Colony of (360) 267–6778 6394 Nevada, P.O. Box 1370, Winnemucca, Stacy Miller, Skokomish Tribal Council, N. Blue Lake Rancheria, Chairperson, P.O. Box Nevada 89446 80 Tribal Center Road, Shelton, WA 428, Blue Lake, CA 95525; (707) 668–5101 Chairman, Yavapai-Apache Indian 98584–9748; (360) 426–7788 Fax: (360) Bridgeport Indian Colony, Margaret Romero, Community of the Camp Verde 877–6585 ICWA Coordinator, Toiyabe Health Project,

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52 Tu Su Lane, Bishop, CA 93514; (760) Suite 15, Red Bluff, CA 96080; (530) 528– Mooretown Rancheria, Francine Mckinley, 873–6394 9000 Fax: (530) 528–9002 ICWA Coordinator, 1 Alverda Drive, Buena Vista Rancheria, Donnamarie Potts, Grindstone Rancheria, Art Villegas, ICWA Oroville, CA 95966; (916) 533–3625 Fax: Chairperson, 4650 Coalmine Road, Ione, Coordinator, Inter Tribal Council, 2755 (916) 533–3680 CA 95640; (209) 274–6512 Cottage Way, Suite 14, Sacramento, CA Morongo Reservation, Francis Jurado, ICWA Cabazon Band of Mission Indians, Christina 95825; (916) 968–5365 Rep., 11581 Potrero Road, Banning, CA Lambert, ICWA Rep., 84–245 Indio Springs Guidiville Rancheria, Chairperson, P.O. Box 92220; (909) 849–4697 Drive, Indio, CA 92201; (760) 342–2593 339, Talmage, CA 95481; (707) 462–3682 Northfork Rancheria, Delores Roberts, Cahuilla Band of Mission Indians, Louis Fax: (707) 462–9183 Chairperson, P.O. Box 929, North Fork, CA Madrigal, Executive Director, Indian Child Hoopa Valley Tribe, Mille Grant, Director, 93643; (209) 877–2461 Fax: (209) 877–2467 & Family Services, P.O. Box 2269, Social Services, Sara Burcell & Marian Pala Reservation, Robert Smith, Chair, P.O. Temecula, CA 92593; (909) 676–8832 Matz, ICWA Program, P.O. Box 1267, Box 43, Pala, CA 92059; (619) 742–3784 Campo Band of Mission Indians, Ralph Goff, Hoopa, CA 95546; (916) 625–4236 Paskenta Rancheria, Everett Freeman, Chair, Chairman, 36190 Church Road, Suite 1, Hopland Band of Pomo Indians, Lorraine P.O. Box 398, Orland, CA 95963; (530) Campo, CA 91906; (619) 478–9046 Laiwa, ICWA Coordinator, Indian Child 865–3111 Fax: (530) 865–2345 Capitan Grande Band of Mission Indians, Preservation Program, 684 S. Orchard Ave., Pauma & Yuima Band of Mission Indians, Linda Zuniga, ICSS Director, Southern Ukiah, CA 95482; (707) 463–2644 Ben Magante, Chair, Marilyn Majel, ICWA Indian Health Council, P.O. Box 2128, Inaja & Cosmit Band of Mission Indians, Rep., P.O. Box 86, Pauma Valley, CA Alpine, CA 91901; (619) 445–1188 Gustavo Galindo, Ph.D., Director, Indian 92061; (760) 742–1289 Cedarville Rancheria, Cynthia Gonzales, Health Council, Inc., P.O. Box 406, Pauma Pechanga Band of Mission Indians, Mark ICWA Director, P.O. Box 126, Cedarville, Valley, CA 92061; (760) 749–1410 X245 Macarro, Spokesman, P.O. Box 1477, CA 96104; (530) 279–2022 Fax: (530) 279– Ione Band of Miwok Indians, Kathy Ramey, Temecula, CA 92593; (909) 676–2768 2025 Chair, P.O. Box 1190, Ione, CA 95640; Picayune Rancheria, Gilbert Cordero, Chicken Ranch Rancheria, Art Villegas, (209) 274–6431 Fax: (209) 274–6471 Chairman, Carolyn Hoover, ICWA ICWA Coordinator, Inter Tribal Council, Jackson Rancheria, Rhonda Geisdorff, ICWA Coordinator, P.O. Box 269, Coarsegold, CA 2755 Cottage Way, Suite 14, Sacramento, Manager, Tuolumne Indian Child & Family 93614; (209) 683–6633 CA 95825; (209) 984–4806 Fax: (209) 984– Services, P.O. Box 615, Tuolumne, CA Pinoleville Rancheria, Michael Mcgee, ICWA 5606 95379; (209) 223–1935 Fax: (209) 223–5366 Director, 367 North State Street, Suite 204, Chico Rancheria, Cindy Phillips, Tribal Jamul Indian Village, Linda Zuniga, ICSS Ukiah, CA 95482; (707) 463–1454 Administrator, 3006 Esplanade, Suite H, Director, Southern Indian Health Council, Pit River Reservation, Ben Jimenez, ICWA Chico, CA 95926; (916) 899–8922 Fax: P.O. Box 2128, Alpine, CA 91901; (619) Director, P.O. Drawer 1570, Burney, CA (916) 899–8517 669–4785 96013; (530) 335–5421 Fax: (530) 335–3140 Cloverdale Rancheria, Jeffrey Wilson, Chief, Karuk Tribe of California, Chuck Lent, Potter Valley Rancheria, Chairperson, Tribal 2013 Long Leaf Court, Santa Rosa, CA Director, Social Services, April Attebury, Council, 417 D Talmage Road, Ukiah, CA 95403 (707) 523–3882 ICWA Social Worker, P.O. Box 1016, 95482; (707) 468–7494 Cold Springs Rancheria, Jennifer Philley, Happy Camp, CA 96039; (530) 493–5305 or Quartz Valley Indian Reservation, Lavon Acting Chairperson, P.O. Box 209, (530) 842–9228 Fax (530) 93–5378 Kent, ICWA Director, P.O. Box 24, Fort Tollhouse, CA 93667; (209) 855–5043 La Jolla Band of Mission Indians, Jack Jones, CA 96032; (916) 468–5937 Fax: (916) Colusa Indian Community Council, Nolan Musick, Chairman, Star Route Box 158, 468–2491 Gonzales, ICWA Coordinator, 50 Wintun Valley Center, CA 92082; (760) 742–3771 Ramona Band of Mission Indians, Louis Road, Suite D, Colusa, CA 95932; (916) La Posta Band of Mission Indians, Linda Madrigal, Executive Director, Indian Child 458–8231 Zuniga, ICSS Program Director, Southern & Family Services, P.O. Box 2269, Cortina Rancheria, Mary Norton, Chair, P.O. Indian Health Council, P.O. Box 2128, Temecula, CA 92593 Box 7470, Citrus Heights, CA 95621; (916) Alpine, CA 91903–2128; (619) 445–1188 Redding Rancheria, Robin Bailey-Boyle, 726–7118 Laytonville Rancheria, Lorraine Laiwa, ICWA Director, Social Services, 2000 Rancheria Coyote Valley Rancheria, Lorraine Laiwa, Coordinator, Indian Child Preservation Road, Redding, CA 96001–5528; (530) 225– ICWA Coordinator, Indian Child Program, 684 S. Orchard Avenue, Ukiah, 8979 Preservation Program, 684 S. Orchard Ave., CA 95482; (707) 463–2644 Fax: (707) 984– Redwood Valley Reservation, Mary Navarez, Ukiah, CA 95482; (707) 463–2644 6201 ICWA Coordinator, 3250 Road 1, Redwood Cuyapaipe Band of Mission Indians, Vivian Lone Pine Reservation, Margaret Romero, Valley, CA 95470; (707) 485–0361 Fax: Silva, Tribal Administrator, P.O. Box 2250, ICWA Coordinator, Toiyabe Indian Health (707) 485–5726 Alpine, CA 91903–2250; (619) 445–6315 Project, 52 Tu Su Lane, Bishop, CA Resighini Rancheria Coast Indian Dry Creek Rancheria, Elizabeth Derouen, 935314; (760) 873–6394 Community, Chairperson, P.O. Box 529, ICWA Coordinator, Indian Child Los Coyotes Band of Mission Indians, Klamath, CA 95548; (707) 482–2431 Fax: Preservation Program, 1400 Guerneville Gustavo Galindo, Ph.D., Director, Indian (707) 482–3425 Road, Suite #10, Santa Rosa, CA 95401; Health Council, Inc., P.O. Box 406, Pauma Rincon Band of Mission Indians, Gustavo (707) 463–2644 Valley, CA 92061; (760) 749–1410 X245 Galindo, Ph.D., Director, Indian Health Elem Indian Colony, Tom Brown, Chair, P.O. Lytton Rancheria, Margie Mejia, Chair, 1250 Council, P.O. Box 406, Pauma Valley, CA Box 618, Clearlake Oaks, CA 95423; (707) Coddingtown Center, Suite 1, Santa Rosa, 92061; (760) 749–1410 X245 998–3431 CA 95401–3515; (707) 575–5917 Fax: (707) Robinson Rancheria, David Gonzales, ICWA Elk Valley Rancheria, Chairperson, P.O. Box 575–6974 Director, P.O. Box 1119, Nice, CA 95464; 1042, Crescent City, CA 95531; (707) 464– Manchester-Point Arena Rancheria, Lorraine (707) 275–9363 4680 Laiwa, ICWA Coordinator, Indian Child Rohnerville Rancheria, Jolanda Ingram, Enterprise Rancheria, Harvey Angle, Preservation Program, 684 S. Orchard Director, Two Feathers ICWA Program, Chairperson, 2950 Feather River Blvd., Avenue, Ukiah, CA 95482; (707) 463–2644 P.O. Box 640, Eureka, CA 95502; (707) Oroville, CA 95965; (916) 532–9214 Fax: Manzanita Band of Mission Indians, Francis 443–6399 (916) 532–1768 Shaw, Chair, P.O. Box 1302, Boulevard, CA Round Valley Indian Tribes, Rebecca Fort Bidwell Reservation, Chairperson, P.O. 91905; (619) 766–4930 Duncan, ICWA Manager, P.O. Box 448, Box 129, Fort Bidwell, CA 96112; (530) Mesa Grande Band of Mission Indians, Covelo, CA 95428; (707) 983–8008 Fax: 279–6310 Fax: (530) 279–233 Gustavo Galindo, Ph.D., Director, Indian (707) 983–6128 Fort Independence Reservation, Margaret Health Council, Inc., P.O. Box 460, Pauma Rumsey Rancheria, Paula Lorenzo, Chair, Romero, ICWA Coordinator, Toiyabe Valley, CA 92061; (619) 782–3835 P.O. Box 18, Brooks, CA 95606; (916) 796– Health Project, 52 Tu Su Lane, Bishop, CA Middletown Rancheria, Art Villegas, ICWA 3400 93514; (760) 873–6394 Coordinator, Inter Tribal Council, 2755 San Manuel Band of Mission Indians, Henry Greenville Rancheria, Marjorie Timmons, Cottage Way, Suite 14, Sacramento, CA Duro, Chair, P.O. Box 266, Patton, CA ICWA Coordinator, 645 Antelope Blvd., 95825; (707) 987–3670 92369; (909) 864–8933

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San Pasqual Band of Mission Indians, Olga Upper Lake Rancheria, Chairperson, P.O. Box ORV Regulation Subcommittee (ORV Quisquis, ICWA Rep., P.O. Box 365, Valley 245272, Sacramento, CA 95820; (916) 371– permit cap) Center, CA 92082; (760) 749–3200 2576 8. Agenda for next meeting Santa Rosa Band of Mission Indians, Viejas (Baron Long) Band of Mission Indians, Anthony Largo, Spokesman, Margarita Linda Zuniga, ICSS Program Director, 9. Date for next meeting Arviso, ICWA Rep., 325 N Western Southern Indian Health Council, P.O. Box 10. Public comment Avenue, Hemet, CA 92343; (909) 849–4761 2128, Alpine, CA 91903; (619) 445–1188 11. Adjournment Santa Rosa Rancheria, Susan Weese, ICWA Yurok Tribe of California, Carol Melendy, Coordinator, P.O. Box 8, Lemoore, CA The meeting is open to the public. It Director, Social Services, Vicki Moore, is expected that 15 persons will be able 93245–0008; (209) 924–1278 ICWA Coordinator, 1034 Sixth Street, Santa Ynez Band of Mission Indians, Eureka, CA 95501; (707) 444–0433 Fax: to attend the meeting in addition to Columba Quintero, ICWA Rep., P.O. Box (707) 444–0437 Commission members. 317, Santa Ynez, CA 93460; (805) 688– Dated: February 25, 1999. Interested persons may make oral/ 7997 Kevin Gover, written presentations to the Commission Santa Ysabel Band of Mission Indians, Victor during the business meeting or file Paipa, ICWA Rep., P.O. Box 130, Santa Assistant Secretary—Indian Affairs. written statements. Such requests Ysabel, CA 92070; (760) 765–0846 [FR Doc. 99–5640 Filed 3–8–99; 8:45 am] Scotts Valley Rancheria, Mary Camp, Tribal should be made to the park BILLING CODE 4310±02±P Administrator, 149 N Main Street, Suite superintendent at least seven days prior 200, Lakeport, CA 95453; (707) 263–4771 to the meeting. Further information Fax: (707) 263–4773 concerning the meeting may be obtained DEPARTMENT OF THE INTERIOR Sheep Ranch Rancheria, Spokesperson, (No from the Superintendent, Cape Cod Address), Sheep Ranch, CA 95250 National Seashore, 99 Marconi Site Sherwood Valley Rancheria, Valerie Stanley, National Park Service Administrator, Lois Fluke, ICWA Road, Wellfleet, MA 02667. Advocate, 190 Sherwood Hill Drive, Cape Cod National Seashore, South Dated: March 1, 1999. Willits, CA 95490; (707) 459–9690 Fax: Wellfleet, Massachusetts; Cape Cod Maria Burks, (707) 459–6936 National Seashore Advisory Superintendent. Shingle Springs Rancheria, James Adams, Commission; Meeting Chairperson, P.O. Box 1340, Shingle [FR Doc. 99–5553 Filed 3–8–99; 8:45 am] Springs, CA 95682; (530) 676–8010 Notice is hereby given in accordance BILLING CODE 4310±70±P Smith River Rancheria, Elvira Rodriquez, with the Federal Advisory Committee ICWA Director, 250 N Indian Road, Smith Act (Pub. L. 92–463, 86 Stat. 770, 5 River, CA 95567–9525; (707) 487–9255 U.S.C. App 1, section 10), that a meeting DEPARTMENT OF THE INTERIOR Fax: (707) 487–0930 of the Cape Cod National Seashore Soboba Band of Mission Indians, Margaret National Park Service Wallis, Project Manager, P.O. Box 487, San Advisory Commission will be held on Jacinto, CA 92581; (909) 654–2765 Wednesday, March 24, 1999. National Register of Historic Places; Stewarts Point Rancheria, Elizabeth Derouen, The Commission was reestablished Notification of Pending Nominations ICWA Coordinator, Indian Child pursuant to Public Law 87–126 as Preservation Program, 1400 Guerneville amended by Public Law 105–280. The # Nominations for the following Road, Suite 10, Santa Rosa, CA 95401; purpose of the Commission is to consult properties being considered for listing (707) 569–7208 with the Secretary of the Interior, or his in the National Register were received Susanville Rancheria, Victor Preston, designee, with respect to matters Chairman, P.O. Drawer U, Susanville, CA by the National Park Service before 96130; (530) 257–6264 relating to the development of the Cape February 27, 1999. Sycuan Band of Mission Indians, Linda Cod National Seashore, and with respect Pursuant to section 60.13 of 36 CFR Zuniga, ICSS Program Director, Southern to carrying out the provisions of Part 60 written comments concerning Indian Health Council, P.O. Box 2128, sections 4 and 5 of the Act establishing the significance of these properties Alpine, CA 91903–2128; (619) 445–2613 the Seashore. under the National Register criteria for Table Bluff Rancheria, Carol Segura, ICWA The Commission members will meet evaluation may be forwarded to the Coordinator, P.O. Box 519, Loleta, CA at 9:30 a.m. at Headquarters, Marconi National Register, National Park Service, 95551; (707) 733–5055 Fax: (707) 733–5601 Station, Wellfleet, Massachusetts for the Table Mountain Rancheria, Lee Heeren 1849 C St. NW, NC400, Washington, DC Tribal, Administrator, P.O. Box 410, Friant, regular business meeting to discuss the 20240. Written comments should be CA 93626–0410; (209) 822–2587 Fax: (209) following: submitted by March 24, 1999. 822–2693 1. Adoption of Agenda Carol D. Shull, Timbi-sha Shoshone Tribe, Margaret Romero, 2. Approval of Minutes of Previous Keeper of the National Register. ICWA Coordinator, Toiyabe Indian Health Meetings 01/23/98 and 03/20/98 Project, 52 Tu Su Lane, Bishop, CA 93514; 3. Reports of Officers CALIFORNIA (760) 786–2374 4. Report of Nickerson Subcommittee Torres-Martinez Desert Cahuilla Indians, Los Angeles County Mary Belardo, ICWA Rep., P.O. Box 1160, 5. Superintendent’s Report Judson Studios, 200 S. Avenue Sixty-Six, Los Thermal, CA 92274; (760) 397–8144 New staff Angeles, 99000370 Trinidad Rancheria, Chairperson, P.O. Box Highlands Center COLORADO 630, Trinidad, CA 95570; (707) 677–0211 Hatches Harbor, airport Fax: (707) 677–3921 Salt Pond Visitor Center rehabilitation El Paso County Tule River Reservation, Louise Cornell, ‘‘Pathways’’-trail extension Colorado Springs and Cripple Creek District ICWA Director, P.O. Box 589, Porterville, Cellular transmission facilities Railway—Corley Mountain Highway, Gold CA 93258; (209) 781–4271 Personal watercraft Camp Rd. and Forest Rd. 370, Colorado Tuolumne Rancheria, Rhonda Geisdorff, News from Washington Springs vicinity, 99000400 ICWA Manager, P.O. Box 615, Tuolumne, 6. Old Business CA 95379; (209) 928–3475 FLORIDA Twenty-Nine Palms, Louis Madrigal, Use and Occupancy Subcommittee Executive Director, Indian Child & Family 7. New Business Hendry County Services, P.O. Box 1160, Temecula, CA Commercial certificates of suspension Downtown LaBelle Historic District, 300 92593; (909) 676–8832 renewals Block of N. Bridge St., LaBelle, 99000371

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Jefferson County Jefferson County Whatcom County Monticello High School, 425 W. Washington Fairbury Jr/Sr High School and Gymnasium- Oakland Block, 310–318 W. Holly St. and St., Monticello, 99000373 Auditorium, Roughly bounded by J and K 419 Champion St., Bellingham, 99000403 Marion County St., and 7th and 8th Sts., Fairbury, [FR Doc. 99–5744 Filed 3–8–99; 8:45 am] 99000391 Belleview School, 5343 SE Abshier Blvd., BILLING CODE 4310±70±P Belleview, 99000372 Lancaster County MAINE Spalding, Frank M., House, 2221 Sheridan DEPARTMENT OF LABOR Cumberland County Blvd., Lincoln, 99000386 Merrill, Capt. Reuel and Lucy, House, 66 Pawnee County Occupational Safety and Health Winn Rd., Cumberland Center Station Lindsley House, 706 Luzerne St., Table Rock, Administration vicinity, 99000378 99000389 [Docket No. NRTL±2±94] Hancock County NEW JERSEY Hulls Cove High School, ME 3, 0.4 mi. N of Electro-Test, Inc., Expansion of jct. of Crooked Rd. and ME 3, Hulls Cove, Warren County Recognition 99000374 Perry—Petty Farmstead, 882 Jackson Valley AGENCY: Occupational Safety and Health Penobscot County Rd., Mansfield Township, 99000392 Administration (OSHA), Labor. Bank Block, 15 Main St., Dexter, 99000375 NORTH CAROLINA ACTION: Notice. Sagadahoc County Rowan County SUMMARY: This notice announces the Percy District School House (Former), Jct. of Agency’s final decision on the Parker Head Rd. and Cox Head Rd., Parker Fulton Heights Historic District, Roughly Head vicinity, 99000377 bounded by Fulton St., Heilig Ave., Ridge application of Electro-Test, Inc. (ETI), Small Point Club, Club Rd., 0.3 mi. S of jct. Ave., and Boyden St., Salisbury, 99000394 for expansion of its recognition as a of ME 216 and Club Rd., Small Point Salisbury National Cemetery (Civil War Era Nationally Recognized Testing vicinity, 99000376 Cemeteries MPS), 202 Government Rd., Laboratory (NRTL) under 29 CFR MISSISSIPPI Salisbury, 99000393 1910.7. SOUTH CAROLINA EFFECTIVE DATE: This recognition Adams County becomes effective on March 9, 1999 and, Downriver Residential Historic District, Colleton County unless modified in accordance with 29 Roughly bounded by S. Canal St., Orleans Hotel Albert Commerical Block, 529, 539 545 CFR 1910.7, continues in effect while St., Illinois Central Gulf RR tracks, and bayou bet. Union and Rankin Sts., Natchez, E. Washington St., Walterboro, 99000395 ETI remains recognized by OSHA as an NRTL. 99000385 York County FOR FURTHER INFORMATION CONTACT: Forrest County People’s National Bank Building, 131–133 E. Bernard Pasquet, Office of Technical New York, The, 63 Fruitland Park Rd., Main St., Rock Hill, 99000396 Programs and Coordination Activities, Fruitland Park, 99000383 TENNESSEE NRTL Program, Occupational Safety and Lee County Health Administration, U.S. Department Rutherford County Tombigbee State Park (State Parks in of Labor, 200 Constitution Avenue, NW, Mississippi built by the CCC MPS), MS 2, Beesley Primitive Baptist Church, 461 Room N3653, Washington, D.C. 20210, SE of Tupelo, off MS 78, Tupelo vicinity, Beesley Rd., Murfreesboro vicinity, or phone (202) 693–2110. 99000382 99000397 SUPPLEMENTARY INFORMATION: Leflore County UTAH Notice of Final Decision Wesley Methodist Church Historic District, Garfield County Roughly bounded by Cotton, Howard, The Occupational Safety and Health Palace, Weeks Lane, and W. Johnson, Owens Jr., William T. and Mary Isabell R., Administration (OSHA) hereby gives Greenwood, 99000381 House, 95 N 100 E, Panguitch, 99000399 notice of the expansion of recognition of Electro-Test, Inc. (ETI) as a Nationally Lincoln County Summit County Recognized Testing Laboratory (NRTL). Moreton Jr., A.E., House, 610 S. Jackson St., Woodside Miners Lodge (Mining Boom Era The expansion covers the use of an Brookhaven, 99000384 Houses TR), 615 Woodside Ave., Park City, additional test standard. OSHA MISSOURI 99000398 recognizes an organization as an NRTL, Henry County Uintah County and processes applications related to Crome, William F. and Julia, House, 305 S. Fenn—Bullock House, 388 W 100 N, Vernal, such recognitions, following Second St., Clinton, 99000380 99000401 requirements in Section 1910.7 of Title 29, Code of Federal Regulations (29 CFR Lafayette County WASHINGTON 1910.7). Appendix A to this section House at 1413 Lafayette St., 1413 Lafayette Chelan County requires that OSHA publish this public St., Lexington, 99000379 notice of its final decision on an Lord, Richard Hinton, House, 121 E. NEBRASKA application. Highland Ave., Chelan vicinity, 99000404 ETI submitted a request, dated Buffalo County Douglas County September 2, 1998 (see Exhibit 11), to Kiehm House, 2215 9th Ave., Kearney, expand its recognition to use an 99000388 Meisner Bank Building, 128 C Nifty Theatre, 201 Locust, Waterville, 99000402 additional test standard. OSHA St., Shelton, 99000390 published the required notice in the Holt County King County Federal Register (63 FR 63083, 11/10/ Sturdevant, Brantly, House, 308 S. Main St., Camlin Hotel, 1619 Ninth St., Seattle, 98) to announce the application. The Atkinson, 99000387 99000405 notice included a preliminary finding

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11501 that ETI could meet the requirements in Conditions application of Entela, Inc. (ENT), for 29 CFR 1910.7 for expansion of its ETI must also abide by the following expansion of its recognition as a recognition, and invited public conditions of the recognition, in Nationally Recognized Testing comment on the applications by January addition to those already required by 29 Laboratory (NRTL) under 29 CFR 11, 1999. OSHA received no comments CFR 1910.7: 1910.7. concerning this application. ETI’s OSHA must be allowed access to EFFECTIVE DATE: This recognition previous application as an NRTL ETI’s facility and records for purposes of becomes effective on March 9, 1999 and, covered its initial recognition (60 FR ascertaining continuing compliance unless modified in accordance with 29 30495, 6/9/95), which OSHA granted on with the terms of its recognition and to CFR 1910.7, continues in effect while October 6, 1995 (60 FR 52417). investigate as OSHA deems necessary; ENT remains recognized by OSHA as an You may obtain or review copies of If ETI has reason to doubt the efficacy NRTL. all public documents pertaining to the of any test standard it is using under FOR FURTHER INFORMATION CONTACT: application by contacting the Docket this program, it must promptly inform Bernard Pasquet, Office of Technical Office, Occupational Safety and Health the test standard developing Programs and Coordination Activities, Administration, U.S. Department of organization of this fact and provide NRTL Program, Occupational Safety and Labor, 200 Constitution Avenue, NW, that organization with appropriate Health Administration, U.S. Department Room N2625, Washington, D.C. 20210. relevant information upon which its of Labor, 200 Constitution Avenue, NW, You should refer to Docket No. NRTL– concerns are based; Room N3653, Washington, D.C. 20210, 2–94, the permanent record of public ETI must not engage in or permit or phone (202) 693–2110 . information on the ETI recognition. others to engage in any SUPPLEMENTARY INFORMATION: The current addresses of the testing misrepresentation of the scope or facilities (sites) that OSHA recognizes conditions of its recognition. As part of Notice of Final Decision for ETI are: this condition, ETI agrees that it will The Occupational Safety and Health • Electro-Test, Inc., 3470 Fostoria allow no representation that it is either Administration (OSHA) hereby gives Way, Suite B, San Ramon, California a recognized or an accredited Nationally notice of the expansion of recognition of 94583 Recognized Testing Laboratory (NRTL) Entela, Inc. (ENT), as a Nationally Electro-Test, Inc., 3150–B E. Birch without clearly indicating the specific Street, Brea, California 92821 Recognized Testing Laboratory (NRTL) equipment or material to which this to include the use of the additional test • Due to city boundary lines, this site has recognition is tied, or that its standards listed below. OSHA two addresses. The NRTL has requested use recognition is limited to certain recognizes an organization as an NRTL of the address shown above. In the notice of products; the preliminary finding, the other address and processes application related to ETI must inform OSHA as soon as such recognitions following was listed for this site: 1320 El Capitan Drive, possible, in writing, of any change of 4th Floor, Danville, California 94526. requirements in Section 1910.7 of Title ownership or key personnel, and of any 29, Code of Federal Regulations (29 CFR Final Decision and Order major changes in its operations as an 1910.7). Appendix A to this section NRTL, including details; requires that OSHA publish this public The NRTL Program staff has ETI will meet all the terms of its notice of its final decision on an examined the application, other recognition and will always comply application. pertinent information, and the with all OSHA policies pertaining to ENT submitted a request, dated recommendation by the audit staff, in a this recognition; memo dated September 9, 1998 (see ETI will continue to meet the August 10, 1998 (see Exhibit 15), to Exhibit 12), to expand ETI’s recognition requirements for recognition in all areas expand its recognition to use additional to include the additional test standard. where it has been recognized; and test standards. ENT’s request for Based upon this examination, OSHA ETI will always cooperate with OSHA expansion also includes its timely finds that ETI has met the requirements to assure compliance with the spirit as request for renewal of its recognition. of 29 CFR 1910.7 for expansion of its well as the letter of its recognition and However, ENT’S recognition as an recognition to use the additional test 29 CFR 1910.7. NRTL does not expire until July 26, standards, subject to the limitations and 1999. As part of renewing the Signed at Washington, D.C. this 24th day recognition, staff for the NRTL Program conditions listed below. Pursuant to the of February, 1999. authority in 29 CFR 1910.7, OSHA plans to perform an on-site review of Charles N. Jeffress, hereby expands the recognition of ETI, one or both of the ENT testing sites. subject to these limitations and Assistant Secretary. These reviews are part of the normal conditions. As is the case for any NRTL, [FR Doc. 99–5789 Filed 3–8–99; 8:45 am] process for granting an NRTL a renewal ETI’s recognition is further limited to BILLING CODE 4510±26±P of its recognition. OSHA’s recognition of equipment or materials (products) for ENT’s site in Taipei, Taiwan, currently which OSHA standards require third includes certain limitations that are DEPARTMENT OF LABOR party testing and certification before use applicable to the testing and evaluation in the workplace. Occupational Safety and Health of products under the test standards Administration listed below. These limitations are Limitations repeated in this notice. OSHA hereby expands the recognition [Docket No. NRTL±2±93] OSHA published the required notice of ETI for testing and certification of in the Federal Register (63 FR 63084, products to demonstrate compliance to Entela, Inc., Expansion of Recognition 11/10/98) to announce the application. the following test standard: ANSI/UL AGENCY: Occupational Safety and Health The notice included a preliminary 508C Power Conversion Equipment. Administration (OSHA), Labor. finding that ENT could meet the OSHA has determined that this standard ACTION: Notice. requirements in 29 CFR 1910.7 for meets the requirements for an expansion of its recognition, and invited appropriate test standard prescribed in SUMMARY: This notice announces the public comment on the applications by 29 CFR 1910.7(c). Agency’s final decision on the January 11, 1999. OSHA received no

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11502 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices comments concerning this application. ANSI/UL 1088 Temporary Lighting with all OSHA policies pertaining to ENT’s previous application as an NRTL Strings this recognition; also covered an expansion for use of ANSI/UL 1236 Battery Chargers ENT will continue to meet the additional test standards (63 FR 19275, ANSI/UL 1418 Implosion-Protected requirements for recognition in all areas 4/17/98), which OSHA granted on July Cathode-Ray Tubes for Television- where it has been recognized; and 10, 1998 (63 FR 37416). Type Appliances ENT will always cooperate with You may obtain or review copies of ANSI/UL 1472 Solid-State Dimming OSHA to assure compliance with the all public documents pertaining to the Controls spirit as well as the letter of its application by contacting the Docket ANSI/UL 1492 Audio and Video recognition and 29 CFR 1910.7. Office, Occupational Safety and Health Equipment Signed at Washington, D.C. this 24th day Administration, U.S. Department of ANSI/UL 1564 Industrial Battery of February, 1999. Chargers Labor, 200 Constitution Avenue, NW, Charles N. Jeffress, ANSI/UL 1573 Stage and Studio Room N2625, Washington, D.C. 20210. Assistant Secretary. You should refer to Docket No. NRTL– Lighting Units [FR Doc. 99–5788 Filed 3–8–99; 8:45 am] 2–93, the permanent record of public ANSI/UL 1638 Visual Signaling information on the ENT recognition. Appliances BILLING CODE 4510±26±P The current addresses of the testing UL 1993 Self-Ballasted Lamps and facilities (sites) that OSHA recognizes Lamp Adapters DEPARTMENT OF LABOR for ENT are: Entela, Inc., 3033 Madison, ANSI/UL 2044 Commercial Closed S.E., Grand Rapids, Michigan 49548; Circuit Television Equipment UL 3044 Surveillance Closed Circuit Occupational Safety and Health and Entela Taiwan Laboratories, 3F No. Administration 260 262 Wen, Lin North Road, Pei Tou, Telvision Equipment Taipei, Taiwan. The following limitations apply to the [Docket No. NRTL±1±88] recognition of the Taiwan facility: Final Decision and Order a. The Taiwan facility shall be limited MET Laboratories, Inc., Expansion of The NRTL Program staff has to carrying out minor mechanical and Recognition examined the application, other electrical testing of instruments and AGENCY: Occupational Safety and Health pertinent information, and the small appliances. Administration (OSHA), Labor. recommendation by the audit staff, in a b. Performance of inspections shall be ACTION: Notice. memo dated September 9, 1998 (see limited to Entela personnel. Exhibit 16), to expand ENT’s Conditions SUMMARY: This notice announces the recognition to include the additional Agency’s final decision on application test standards. Based upon this ENT must also abide by the following of MET Laboratories, Inc. (MET), for examination, OSHA finds that ENT has conditions of the recognition, in expansion of its recognition as a met the requirements of 29 CFR 1910.7 addition to those already required by 29 Nationally Recognized Testing for expansion of its recognition to use CFR 1910.7: Laboratory (NRTL) under 29 CFR OSHA must be allowed access to an additional 18 test standards, subject 1910.7. to the limitations and conditions listed ENT’s facility and records for purposes of ascertaining continuing compliance EFFECTIVE DATE: This recognition below. Pursuant to the authority in 29 becomes effective on March 9, 1999 and, CFR 1919.7, OSHA hereby expands the with the terms of its recognition and to investigate as OSHA deems necessary; unless modified in accordance with 29 recognition of ENT, subject to these CFR 1910.7, continues in effect while limitations and conditions. As is the If ENT has reason to doubt the efficacy of any test standard it is using MET remains recognized by OSHA as an case for any NRTL, ENT’s recognition is NRTL. further limited to equipment or under this program, it must promptly FOR FURTHER INFORMATION CONTACT: materials (products) for which OSHA inform the test standard developing Bernard Pasquet, Office of Technical standards require third party testing and organization of this fact and provide Programs and Coordination Activities, certification before use in the that organization with appropriate NRTL Program, Occupational Safety and workplace. relevant information upon which its concerns are based; Health Administration, U.S. Department Limitations ENT must not engage in or permit of Labor, 200 Constitution Avenue, OSHA hereby expands the recognition others to engage in any NW., Room N3653, Washington, DC of ENT for testing and certification of misrepresentation of the scope or 20210, or phone (202) 693–2110. products to demonstrate compliance to conditions of its recognition. As part of SUPPLEMENTARY INFORMATION: this condition, ENT agrees that it will the following 18 standards. OSHA has Notice of Final Decision determined that each standard meets the allow no representation that it is either requirements for an appropriate test a recognized or an accredited Nationally The Occupational Safety and Health standards prescribed in 29 CFR Recognized Testing Laboratory (NRTL) Administration (OSHA) hereby gives 1910.7(c). without clearly indicating the specific notice of the expansion of recognition of ANSI/UL 187 X-Ray Equipment equipment or material to which this MET Laboratories, Inc. (MET), as a ANSI/UL 563 Ice Makers recognition is tied, or that its Nationally Recognized Testing ANSI/UL 867 Electrostatic Air Cleaners recognition is limited to certain Laboratory (NRTL) to include the use of ANSI/UL 916 Energy Management products; the additional test standards listed Equipment ENT must inform OSHA as soon as below. OSHA recognizes an ANSI/UL 924 Emergency lighting and possible, in writing, of any change of organization as an NRTL and processes Power Equipment ownership or key personnel, and of any applications related to such recognitions UL 962 Household and Commercial major changes in its operations as an following requirements in Section Furnishing NRTL, including details; 1910.7 of Title 29, Code of Federal ANSI/UL 1069 Hospital Signaling and ENT will meet all the terms of its Regulations (29 CFR 1910.7). Appendix Nurse-Call System recognition and will always comply A to this section requires that OSHA

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11503 publish this public notice of its final Limitations MET must not engage in or permit decision on an application. OSHA hereby expands the recognition others to engage in any MET submitted a request, dated June of MET for testing and certification of misrepresentation of the scope or 3, 1998 (see Exhibit 20A), to expand its products to demonstrate compliance to conditions of its recognition. As part of recognition to use additional test the following 17 standards. OSHA has this condition, MET agrees that it will standards. MET provided some determined that each standard meets the allow no representation that it is either additional information related to this requirements for an appropriate test a recognized or an accredited Nationally request on August 21, 1998 (see Exhibit standard prescribed in 29 CFR Recognized Testing Laboratory (NRTL) 20B). MET will notify OSHA, as stated 1910.7(c). without clearly indicating the specific in this letter, regarding a change in its ANSI/UL 5 Surface Metal Raceways equipment or material to which this existing capability to perform explosion and Fittings recognition is tied, or that its tests. Relatedly, OSHA is imposing ANSI/UL 50 Enclosures for Electrical recognition is limited to certain limitations on the testing permitted Equipment products; under certain test standards. ANSI/UL 65 Electric Wired Cabinets MET must inform OSHA as soon as OSHA published the required notice possible, in writing, of any change of in the Federal Register (63 FR 63085, ANSI/UL 201 Garage Equipment ANSI/UL 482 Portable Sun/Heat ownership or key personnel, and of any 11/10/98) to announce the application. major changes in its operations as an The notice included a preliminary Lamps ANSI/UL 514A Metallic Outlet Boxes, NRTL, including details; finding that MET could meet the MET will meet all the terms of its requirements in 29 CFR 1910.7 for Electrical UL 664 Commercial Dry-Cleaning recognition and will always comply expansion of its recognition, and invited with all OSHA policies pertaining to public comment on the applications by Machines (Type IV) ANSI/UL 698 Industrial Control this recognition; January 11, 1999. OSHA received no MET will continue to meet the comments concerning this application. Equipment for Use in Hazardous (Classified) Locations requirements for recognition in all areas MET’s previous application as an NRTL where it has been recognized; and covered the renewal and an expansion UL 775 Graphic Arts Equipment ANSI/UL 886 Outlet Boxes and MET will always cooperate with of its recognition (61 FR 41661, 8/6/96), OSHA to assure compliance with the which OSHA granted on November 20, Fittings for Use in Hazardous (Classified) Locations 1 spirit as well as the letter of its 1996 (61 FR 225). recognition and 29 CFR 1910.7. You may obtain or review copies of ANSI/UL 1017 Vacuum Cleaning all public documents pertaining to the Machines and Blower Cleaners Signed at Washington, DC, this 24th day of application by contacting the Docket ANSI/UL 1018 Electric Aquarium February, 1999. Office, Occupational Safety and Health Equipment Charles N. Jeffress, Administration, U.S. Department of ANSI/UL 1054 Special-Use Switches Assistant Secretary. Labor, 200 Constitution Avenue, NW., ANSI/UL 1203 Explosion-Proof and [FR Doc. 99–5791 Filed 3–8–99; 8:45 am] Dust-Ignition-Proof Electrical Room N2625, Washington, DC 20210. BILLING CODE 4510±26±P Equipment for Use in Hazardous You should refer to Docket No. NRTL– 1 1–88, the permanent record of public (Classified) Locations information on the MET recognition. ANSI/UL 1310 Direct Plug-In DEPARTMENT OF LABOR The current address of the testing Transformer Units facility (site) that OSHA recognizes for ANSI/UL 1573 Stage and Studio Occupational Safety and Health MET is: MET Laboratories, Inc., 914 Lighting Units Administration UL 6500 Audio/Visual and Musical West Patapsco Avenue, Baltimore, [Docket No. NRTL±3±90] Maryland 21230. Instrument Apparatus for Household, Commercial, and Southwest Research Institute, Renewal Final Decision and Order Similar General Use & Expansion of Recognition The NRTL Program staff has Conditions examined the application, additional AGENCY: Occupational Safety and Health information submitted, other pertinent MET must also abide by the following Administration (OSHA), Labor. information, and the recommendation conditions of the recognition, in ACTION: Notice. by the audit staff, in a memo dated addition to those already required by 29 September 9, 1998 (see Exhibit 21), to CFR 1910.7: SUMMARY: This notice announces the expand MET’s recognition to include OSHA must be allowed access to Agency’s final decision on the the additional test standards. Based MET’s facility and records for purposes applications of Southwest Research upon this examination, OSHA finds that of ascertaining continuing compliance Institute (SwRI), under 29 CFR 1910.7, MET has met the requirements of 29 with the terms of its recognition and to for renewal of its recognition as a CFR 1910.7 for expansion of its investigate as OSHA deems necessary; Nationally Recognized Testing recognition to use an additional 17 test If MET has reason to doubt the Laboratory (NRTL), and for an standards, subject to the limitations and efficacy of any test standard it is using expansion of its recognition to use conditions listed below. Pursuant to the under this program, it must promptly additional test standards. authority in 29 CFR 1910.7, OSHA inform the test standard developing EFFECTIVE DATE: This recognition hereby expands the recognition of MET, organization of this fact and provide becomes effective on March 9, 1999, subject to these limitations and that organization with appropriate unless modified in accordance with 29 conditions. As is the case for any NRTL, relevant information upon which its CFR 1910.7, continues in effect while MET’s recognition is further limited to concerns are based; SwRI remains recognized by OSHA as equipment or materials (products) for an NRTL. 1 Testing and certification of products under this FOR FURTHER INFORMATION CONTACT: which OSHA standards require third test standard is limited to Class I locations. party testing and certification before use Explosion testing is also limited to current test Bernard Pasquet, Office of Technical in the workplace. chamber capabilities. Programs and Coordination Activities,

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NRTL Program, Occupational Safety and finding that SwRI could meet the ANSI/UL 10B Fire Tests of Door Health Administration, U.S. Department requirements in 29 CFR 1910.7 for Assemblies of Labor, 200 Constitution Avenue, NW, renewal and for expansion of its ANSI/UL 94 Tests for Flammability of Room N3653, Washington, D.C. 20210, recognition, and invited public Plastic Materials for Parts in or phone (202) 693–2110. comment on the applications by January Devices and Appliances SUPPLEMENTARY INFORMATION: 11, 1999. OSHA received no comments ANSI/UL 155 Tests of Fire Resistance of concerning these applications. SwRI’s Vault and File Room Doors Notice of Final Decision previous application as an NRTL ANSI/UL 555 Fire Dampers The Occupational Safety and Health covered its recognition (57 FR 30237, ANSI/UL 910 Test Method for Fire and Administration (OSHA) hereby gives 7/8/92), which OSHA granted on the Smoke Characteristics of Electrical notice of the renewal of recognition of date noted above. and Optical-Fiber Cables Used in Southwest Research Institute (SwRI) as You may obtain or review copies of Air Handling Spaces a Nationally Recognized Testing all public documents pertaining to the ANSI/UL 1887 Fire Test of Plastic Laboratory (NRTL) and the expansion of applications by contacting the Docket Sprinkler Pipe for Flame and recognition to include the use of the Office, Occupational Safety and Health Smoke Characteristics additional test standards listed below. Administration, U.S. Department of Expansion of Recognition—Additional OSHA recognizes an organization as an Labor, 200 Constitution Avenue, NW, Test Standards NRTL and processes applications Room N2625, Washington, D.C. 20210. related to such recognitions following You should refer to Docket No. NRTL– OSHA hereby expands the recognition requirements in Section 1910.7 of Title 3–90, the permanent record of public of SwRI for testing and certification of 29, Code of Federal Regulations (29 CFR information on the SwRI recognition. products to demonstrate compliance to 1910.7). Appendix A to this section The current address of the testing the following 3 test standards. OSHA requires that OSHA publish this public facility (site) that OSHA recognizes for has determined that each standard notice of its final decision on an meets the requirements for an application. SwRI is: Southwest Research Institute, Department of Fire Technology, 6620 appropriate test standard prescribed in When first recognized, OSHA 29 CFR 1910.7(c). identified the Department of Fire Culebra Road, Post Office Drawer 28510, Technology as the SwRI unit to which San Antonio, Texas 78228. UL 162 Foam Equipment and Liquid Concentrates the recognition would apply. The Final Decision and Order renewal of recognition continues to ANSI/UL 711 Rating and Fire Testing of apply primarily to this part of SwRI, The NRTL Program staff has Fire Extinguishers although part of the recognition, such as examined the applications, the OSHA UL 2085 Insulated Aboveground Tanks the requirement for independence, staff findings and recommendations, for Flammable and Combustible applies to SwRI as a whole. including the on-site review report, Liquids SwRI received its recognition as an dated June 12, 1998 (see Exhibit 7) and Conditions NRTL on July 13, 1993 (58 FR 37752), other pertinent documents related to the for a period of five years ending July 13, applications. Based upon this SwRI must also abide by the following 1998. Appendix A to 29 CFR 1910.7 examination, OSHA finds that SwRI conditions of the recognition, in stipulates that the period of recognition Department of Fire Technology has met addition to those already required by 29 of an NRTL is five years and that an the requirements of 29 CFR 1910.7 for CFR 1910.7: NRTL may renew its recognition by the renewal of recognition of its San OSHA must be allowed access to applying not less than nine months, nor Antonio, Texas site, and for expansion SwRI’s facility and records for purposes more than one year, before the of its recognition to use additional test of ascertaining continuing compliance expiration date of its current standards, subject to the limitations and with the terms of its recognition and to recognition. SwRI applied for renewal of conditions listed below. Pursuant to the investigate as OSHA deems necessary; its recognition on October 1, 1997 (see authority in 29 CFR 1910.7, OSHA If SwRI has reason to doubt the Exhibit 6A), within the time allotted, hereby renews and expands the efficacy of any test standard it is using and retained its recognition pending recognition of SwRI, subject to these under this program, it must promptly OSHA’s final decision in this renewal limitations and conditions. As is the inform the test standard developing process. case for any NRTL, SwRI’s recognition organization of this fact and provide SwRI submitted a request, also dated is further limited to equipment or that organization with appropriate on October 1, 1997 (see Exhibit 6B), to materials (products) for which OSHA relevant information upon which its expand its recognition to use additional standards require third party testing and concerns are based; test standards. OSHA determined that certification before use in the SwRI must not engage in or permit some of the standards that were workplace. others to engage in any requested are not appropriate, as misrepresentation of the scope or Limitations prescribed by 29 CFR 1910.7(c). In conditions of its recognition. As part of addition, OSHA had recognized SwRI Renewal of NRTL Recognition this condition, SwRI agrees that it will for ASTM E152 but the standards allow no representation that it is either organization has since withdrawn this OSHA hereby renews the recognition a recognized or an accredited Nationally standard. As a result, this standard is of SwRI for testing and certification of Recognized Testing Laboratory (NRTL) not included in SwRI’s renewal. In products to demonstrate compliance to without clearly indicating the specific general, OSHA’s recognition only the following 7 test standards that equipment or material to which this applies to the test standards listed OSHA previously recognized for SwRI. recognition is tied, or that its below. OSHA has determined each standard recognition is limited to certain OSHA published the required notice continues to meet the requirements for products; in the Federal Register (63 FR 63086, an appropriate test standard prescribed SwRI must inform OSHA as soon as 11/10/98) to announce the applications. in 29 CFR 1910.7(c). possible, in writing, of any change of The notice included a preliminary UL 10A Tin-Clad Fire Doors ownership or key personnel, and of any

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Copies of the requirements for recognition in all areas Reports Clearance Officer, National Science submission(s) may be obtained by Foundation. where it has been recognized; and calling 703–306–1125 X 2017. [FR Doc. 99–5677 Filed 3–8–99; 8:45 am] SwRI will always cooperate with NSF may not conduct or sponsor a OSHA to assure compliance with the collection of information unless the BILLING CODE 7555±01±M spirit as well as the letter of its collection of information displays a recognition and 29 CFR 1910.7. currently valid OMB control number NATIONAL SCIENCE FOUNDATION Signed at Washington, D.C., this 24th day and the agency informs potential of February 1999. persons who are to respond to the Proposed Data Collection: Public's Charles N. Jeffress, collection of information that such Views and Comments Assistant Secretary. persons are not required to respond to [FR Doc. 99–5790 Filed 3–8–99; 8:45 am] the collection of information unless it Title of Proposed Collection: Public Attitudes About Technology BILLING CODE 4510±26±P displays a currently valid OMB control number. The National Science Foundation, an Title: Outcomes and Impacts of the independent federal agency, is interested in obtaining the public’s NATIONAL SCIENCE FOUNDATION State/Industry University Research Center (S/IUCRC) Program. views and attitudes toward year 2000 Agency Information Collection OMB Control Number: 3145–0153. computer readiness. Activities: Comment Request Summary of Collection: NSF’s Specifically, we are seeking input and Directorate for Engineering established comments from all interested persons AGENCY: National Science Foundation. the State/Industry-University on their views of the value of computer ACTION: Submission for OMB review; Cooperative Research Centers (S/IUCRC) technology in their lives, and their comment request. Program in 1990. The Program was built familiarity with and level of comfort on a model established by NSF’s when using computers and their SUMMARY: The National Science Industry/University Cooperative familiarity with problems that may Foundation (NSF) has submitted the Research Centers. result from year 2000 computer following information collection To achieve these objectives, data will conversion issues. requirement to OMB for review and be collected from representatives from In an effort to obtain the public’s clearance under the Paperwork organizations that have been members input and useful information, the Reduction Act of 1995, Pub. L. 104–13. of the nine oldest S/IUCRCs (award National Science Foundation has This is the second notice for public cohorts 1991 and 1992) about the results developed the questions that follow. comment; the first was published in the in their organization of involvement Responses from the public will be used Federal Register at 63 FR 67150, and no with the center. Data will not be used only in the aggregate, and only to help comments were received. NSF is to evaluate individual centers, but, NSF in its efforts to better explain itself forwarding the proposed renewal rather, to study the Program as a whole. and its activities to the American submission to the Office of Management To isolate the unique effects of the public. and Budget (OMB) for clearance distinctive features of the S/IUCRC We hope you will provide us with simultaneously with the publication of Program, the project also will include a your thoughts on the following this second notice. Comments regarding collection of similar data from questions. Detailed comments are also (a) whether the collection of information organization representatives to 20 of the welcome and greatly appreciated. is necessary for the proper performance I/IUCRCs as well (there are over 50 I/ Responses and comments can be of the functions of the agency, including IUCRCs) The I/UCRC data will be mailed to Public Attitudes about Year whether the information will have compared with the S/IUCRC data to 2000 Conversion, c/o Office of practical utility; (b) the accuracy of the enable identification of results from the Legislative and Public Affairs, National agency’s estimate of burden including S/IUCRC Program that emanate from the Science Foundation, 4201 Wilson Blvd., the validity of the methodology and latter Program’s distinctive elements. Room 1245, Arlington, VA 22230. assumptions used; (c) ways to enhance Need and Use of the Information: The Comments can also be sent via email to the quality, utility and clarity of the resulting information will be used to [email protected], or faxed to (703) 306– information to be collected; and (d) was look at program-wide patterns of 1057. to minimize the burden of the collection outcomes and impacts on organizations All comments should be received by of information on those who are to that are members of both types of Tuesday, March 9, 1999. respond, including through the use of centers. Lessons learned will be used for Dated: March 3, 1999. appropriate automated, electronic, continuous performance improvement Julia Moore, mechanical, or other technological in the presently funded S/IUCRCs. In collection techniques or other forms of addition, lessons about the Director, Office of Legislative and Public Affairs. information technology should be characteristics that facilitate state-NSF addressed to: Office of Information and partnerships will be prepared for use in Y2K Millennium Readiness Poll Regulatory Affairs of OMB, Attention: future planning of state-NSF March 6–7, 1999 Desk Officer for National Science partnerships. Foundation, 725–17th Street, N.W. Dexcription of Respondents: 1. As you may know, most computer Room 10235, Washington, D.C. 20503, Individuals. systems around the world have to be and to Suzanne H. Plimpton, Reports Number of Respondents: 580 (80% reprogrammed so that they can Clearance Officer, National Science expected to respond—464 respondents). accurately recognize the date once we

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4700 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11506 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices reach the Year 2000. Do you think that 1 Likely Environmental Assessment computer mistakes due to the Year-2000 2 Unlikely Identification of Proposed Action issue will cause major problems, minor 3 No opinion problems, or no problems at all? a. Air traffic control systems will fail, The proposed action would exempt 1 Major problems putting air travel in jeopardy ComEd from the requirements of 10 CFR 2 Minor problems b. Banking and accounting systems will 70.24, which require a monitoring 3 No problems at all fail, possibly causing errors in system that will energize clear audible 4 No opinion employee paychecks, government alarms if accidental criticality occurs in each area in which special nuclear 2. Do you think that computer payments, and other automated material is handled, used, or stored. The mistakes due to the Year-2000 issue will financial transactions proposed action would also exempt the cause major problems, minor problems c. Food and retail distribution systems licensee from the requirements to or no problems at all for you personally? will fail, possibly causing grocery maintain emergency procedures for each and other store shortages 1 Major problems area in which this licensed special e. Hospital equipment and services will 2 Minor problems nuclear material is handled, used, or 3 No problems at all fail, putting patients at risk stored to ensure that all personnel 4 No opinion h. Nuclear power or defense systems withdraw to an area of safety upon the could fail, causing a major accident 3. How much have you seen or heard sounding of the alarm, to familiarize 10. As you may know, efforts are about the Year 2000 computer bug personnel with the evacuation plan, and currently underway throughout the problem, sometimes called the to designate responsible individuals for country to upgrade computer systems in Millennium Bug or the Y–2-K bug, determining the cause of the alarm, and order to correct the Y2K computer before now—a great deal, some, not to place radiation survey instruments in problem. We’d like to know whether much, or nothing at all? accessible location for use in such an you are generally confident or NOT 1 A great deal emergency. 2 Some confident that each of the following The proposed action is in accordance 3 Not much levels of government and business will with the licensee’s application for 4 Nothing at all have upgraded their computer systems exemption dated October 16, 1997. 5 No opinion before any Y2K problems can occur. The rest of the questions on this How about... [RANDOM ORDER] The Need for the Proposed Action survey will deal with Year 2000 1 Yes, confident they will have The purpose of 10 CFR 70.24 is to computer issue. For convenience we upgraded ensure that if a criticality were to occur will refer to it throughout the survey as 2 No, not confident during the handling of special nuclear the ‘‘Y2K’’ computer bug. 3 No opinion material, personnel would be alerted to 4. To the extent Y2K computer a. The U.S. government, including all that fact and would take appropriate problems occur, how long do you think federal offices and agencies action. At a commercial nuclear power they will last—[FORM A: READ 1–4; b. Your state government plant, the inadvertent criticality with FORM B: READ 4–1]? c. Your local government which 10 CFR 70.24 is concerned could 1 For only a few days around January d. U.S. corporations and large occur during fuel handing operations. 1, 2000 businesses The special nuclear material that could 2 For several weeks (or) e. Small U.S. businesses be assembled into a critical mass at a 3 For several months to a year (or) f. Foreign governments of other commercial nuclear power plant is in 4 For more than a year developed and industrialized the form of nuclear fuel; the quantity of 5 No opinion countries other forms of special nuclear material 6. For each of the following, please g. Foreign governments of Third World that is stored on site in a given location say whether that is something you and other less developed countries is small enough to preclude achieving a probably will or will not do in order to [FR Doc. 99–5785 Filed 3–8–99; 8:45 am] critical mass. Because the fuel is not protect yourself against problems BILLING CODE 7555±01±P enriched beyond 5.0 weight percent associated with the Y2K computer bug. Uranium-235 and because commercial How about... [RANDOM ORDER] nuclear plant licensees have procedures and design features that prevent 1 Yes NUCLEAR REGULATORY 2 No inadvertent criticality, the staff has COMMISSION 3 No opinion determined that it is unlikely that an a. Obtain special confirmation or [Docket No. STN 50±454] inadvertent criticality could occur due documentation of your bank to the handling of special nuclear account balances, retirement funds, Commonwealth Edison Company material at a commercial power reactor. or other financial records (Byron Station, Unit No. 1); The requirements of 10 CFR 70.24, b. Stockpile food and water Environmental Assessment and therefore, are not necessary to ensure c. Buy a generator or wood stove Finding of No Significant Impact the safety of personnel during the d. Withdraw all your money from the handling of special nuclear materials at bank The U.S. Nuclear Regulatory commercial power reactors. e. Withdraw and set aside a large Commission (the Commission ) is amount of cash considering issuance of an exemption Environmental Impacts of the Proposed f. Avoid travelling on airplanes on or from certain requirements of its Action around January 1, 2000 regulations for Facility Operating The Commission has completed its 9. Next I’m going to read some License No. NPF–37, issued to evaluation of the proposed actions and specific problems. As I read each one, Commonwealth Edison Company concludes that there is no significant please say whether you think it likely or (ComEd, the licensee), for operation of environmental impact to Byron. unlikely to occur as a result of Y2K. Byron Station, Unit 1, located in Ogle Inadvertent or accidental criticality will First, . . . Next, . . .: County, Illinois. be precluded through compliance with

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11507 the Byron Station Technical with equal or greater environmental DATE: Weeks of March 8, 15, 22, and 29, Specifications (TSs), the design of the impact need not be evaluated. As an 1999. fuel storage racks providing geometric alternative to the proposed exemption, PLACE: Commissioners’ Conference spacing of fuel assemblies in their the staff considered denial of the Room, 11555 Rockville Pike, Rockville, storage locations, and administrative requested exemption. Denial of the Maryland. controls imposed on fuel handling request would result in no change in STATUS: Public and closed. procedures. TSs requirements specify current environmental impacts. The MATTERS TO BE CONSIDERED: reactivity limits for the fuel storage environmental impacts of the proposed racks and minimum spacing between action and the alternative are similar. Week of March 8 the fuel assemblies in the storage racks. Wednesday, March 10 Appendix A of 10 CFR Part 50, Alternative Use of Resources ‘‘General Design Criteria for Nuclear The action does not involve the use of 11:00 a.m. Affirmation Session (Public Power Plants,’’ (GDC) Criterion 62, any resources not previously considered Meeting) a: North Atlantic Energy Service requires that criticality in the fuel in the ‘‘Final Environmental Statement Corp., et al. (Seabrook Station Unit storage and handling system shall be Related to the Operation of Byron 1) Docket No. 40–443, Draft prevented by physical systems or Station, Units 1 and 2’’ dated April Commission Memorandum and processes, preferably by use of 1982. geometrically-safe configurations. This Order Addressing Intervention is met at Byron Station, as identified in Agencies and Persons Consulted Petitions and Hearing Requests of New England Power Company the Updated Final Safety Analysis In accordance with its stated policy, (NEPCO) and United Illuminating Report (UFSAR). Byron Station UFSAR on February 24, 1999, the staff Co. (tentative) Section 9.1.1.1, New Fuel Storage— consulted with the Illinois State official, Design Basis, states that, ‘‘* * * the Mr. Frank Niziolek, Head, Reactor Week of March 15—Tentative new fuel storage racks are designed such Safety Section, Division of Engineering, Tuesday, March 16 that the effective multiplication factor Illinois Department of Nuclear Safety, does not exceed 0.95 with fuel of a regarding the environmental impact of 1:00 p.m. Briefing on Status of DOE maximum enrichment of 5.00 wt% u- the proposed action. The State official High Level Waste Viability 235 in place, assuming the stored had no comments. Assessment (Public Meeting) assemblies are completely submerged in (Contact: Mike Bell, 301–415–7252) unborated water at a conservative water Finding of No Significant Impact temperature and with no credit for Wednesday, March 17 Based upon the environmental neutron poison in the fuel assembly.’’ 9:00 a.m. Meeting with Advisory assessment, the Commission concludes NUREG–0876, ‘‘Safety Evaluation Committee on Nuclear Waste and that the proposed action will not have Report Related to the Operation of Nuclear Waste Technical Review a significant effect on the quality of the Byron Station, Units 1 and 2,’’ dated Board (Public Meeting) (Contact: human environment. Accordingly, the February 1982, determined that the John Larkins, 301–415–7360) design of the Byron new fuel storage Commission has determined not to 11:30 a.m. Affirmation Session (Public racks satisfied the requirements of GDC prepare an environmental impact Meeting) (If needed) 62. statement for the proposed action. 1:30 p.m. Briefing on Part 40 The proposed exemption would not For further details with respect to the Decommissioning Issues (Public result in any significant radiological proposed action, see the licensee’s letter Meeting) (Contact: Seymour Weiss, impacts. The proposed exemption dated October 16, 1997, which is 301–415–2170) would not affect radiological plant available for public inspection at the Thursday, March 18 effluents nor cause any significant Commission’s Public Document Room, occupational exposures since the TSs, which is located at the Gelman 10:00 a.m. Briefing on Safeguards design controls (including geometric Building, 2120 L Street, NW., Performance Assessment and spacing of fuel assembly storage spaces), Washington, D.C., and at the local Design Basis Threat (Closed—ex. 1) and administrative controls preclude public document room located at the 2:00 p.m. Briefing by Executive Branch inadvertent criticality. The amount of Byron Public Library District, 109 N. (Closed—ex. 1) radioactive waste would not be changed Franklin, P.O. Box 434, Byron, Illinois Friday, March 19 by the proposed exemption. 61010. The proposed exemption does not 9:00 a.m. Briefing on Status of External Dated at Rockville, Maryland, this 3rd day Regulation of DOE Facilities (Public result in any significant nonradiological of March 1999. environmental impacts. The proposed Meeting) (Contact: Charlie For the Nuclear Regulatory Commission. Haughney, 301–415–7198) exemption involves features located Stuart A. Richards, entirely within the restricted area as Director, Project Directorate III–2, Division Week of March 22—Tentative defined in 10 CFR Part 20. It does not of Licensing Project Management Office of Thursday, March 25 affect non-radiological plant effluents Nuclear Reactor Regulation. and has no other environmental impact. [FR Doc. 99–5749 Filed 3–8–99; 8:45 am] 1:00 p.m. Briefing on Part 35 Accordingly, the Commission concludes Rulemaking (Public Meeting) BILLING CODE 7590±01±P that there are no significant non- (Contact: Patricia Holahan, 301– radiological environmental impacts 415–8125) associated the proposed action. NUCLEAR REGULATORY Friday, March 26 COMMISSION Alternatives to the Proposed Action 9:00 a.m. Briefing on Proposed Reactor Since the Commission has concluded Sunshine Act Meeting Oversight Process Improvements & that there is no measurable Enforcement (Public Meeting) environmental impact associated with AGENCY HOLDING THE MEETING: Nuclear (Contact: William Dean, 301–415– the proposed action, any alternatives Regulatory Commission. 2240)

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12:30 p.m. Affirmation Session (Public SUMMARY: The Nuclear Regulatory of inadequate handling of and Meeting) (If needed) Commission (NRC) is amending its accounting for generally licensed ‘‘General Statement of Policy and devices. Under the proposed rule, if Week of March 29—Tentative Procedure for NRC Enforcement finalized, the NRC intends to send There are no meetings scheduled for the Actions,’’ NUREG–1600, Rev. 1, by notices to certain classes of persons Week of March 29. adding Appendix D to the policy. This licensed pursuant to the general license THE SCHEDULE FOR COMMISSION amendment describes the interim provisions of 10 CFR 31.5. These notices MEETINGS IS SUBJECT TO CHANGE ON enforcement policy that the NRC will would require recipients to provide SHORT NOTICE. TO VERIFY THE STATUS follow to exercise enforcement information to the NRC, as requested, OF MEETINGS CALL (RECORDING)—(301) discretion for certain violations of concerning products that they have 415–1292. CONTACT PERSON FOR MORE requirements in 10 CFR Part 31 for received under the general license. INFORMATION: Bill Hill (301) 415–1661. generally licensed devices containing For further information regarding * * * * * byproduct material. It addresses these proposed new requirements, the ADDITIONAL INFORMATION: By a vote of 5– violations that persons licensed reader is referred to the Statements of 0 on March 2, the Commission pursuant to 10 CFR 31.5 identify and Consideration that accompany the determined pursuant to U.S.C. 552b(e) correct now, as well as during the initial proposed rule. As noted therein, the and § 9.107(a) of the Commission’s rules cycle of the notice and response NRC anticipates that general licensees that ‘‘Affirmation of Kansas Gas & program contemplated by the proposed may discover violations of NRC Electric Corp., et al., (Wolf Creek new requirements published in the regulatory requirements as a result of Generating Station, Unit 1), Docket No. Federal Register on December 2, 1998 the proposed new requirement to 50–482, Draft Commission (63 FR 66492), entitled ‘‘Requirements respond to notices and provide Memorandum and Order Addressing for Those Who Possess Certain information as requested. For example, Intervention Petition and Hearing Industrial Devices Containing general licensees who have not had Request of the Kansas Electric Power Byproduct Material to Provide contact with the NRC for many years Cooperative’’ (PUBLIC MEETING) be Requested Information’’. may have failed to test for leakage of held on March 2, and on less than one DATES: This action is effective March 9, radioactive material from the generally week’s notice to the public. 1999. Comments on this interim licensed device, maintain the labels * * * * * enforcement policy should be submitted affixed to the device, or comply with the The NRC Commission Meeting by April 8, 1999 and will be considered instructions and precautions in the Schedule can be found on the Internet by the NRC prior to the next revision of labels. Additionally, general licensees at: http://www.nrc.gov/SECY/smj/ the Enforcement Policy. may discover violations when copies of the proposed rule are mailed to them. schedule.htm ADDRESSES: Submit written comments For example, a general licensee that has * * * * * to David L. Meyer, Chief, Rules and changed its address of business may This notice is distributed by mail to Directives Branch, Division of have abandoned or improperly several hundred subscribers; if you no Administrative Services, Office of transferred a generally licensed device longer wish to receive it, or would like Administration, Mail Stop T6D59, U.S. during the process of moving. Under the to be added to it, please contact the Nuclear Regulatory Commission, current NRC Enforcement Policy Office of the Secretary, Attn: Operations Washington, DC 20555. Hand deliver published in NUREG–1600, Rev. 1., Branch, Washington, D.C. 20555 (301– comments to 11555 Rockville Pike, such violations normally would result 415–1661). In addition, distribution of Rockville, Maryland, between 7:30 am in enforcement action. this meeting notice over the Internet and 4:15 pm, Federal workdays. Copies system is available. If you are interested of comments received may be examined Scope in receiving this Commission meeting at the NRC Public Document Room, This interim enforcement policy schedule electronically, please send an 2120 L Street, NW, (Lower Level), addresses violations that persons electronic message to [email protected] or Washington, DC. licensed pursuant to 10 CFR 31.5 [email protected]. FOR FURTHER INFORMATION CONTACT: discover and report before, as well as Dated: March 4, 1999. James Lieberman, Director, Office of during, the initial cycle of the notice William M. Hill, Jr., Enforcement, U.S. Nuclear Regulatory and response program contemplated by Commission, Washington, D.C. 20555– the proposed rule described above. It SECY Tracking Officer, Office of the Secretary. 0001, (301) 415–2741. will remain in effect through at least July 1, 2000, by which time it is [FR Doc. 99–5858 Filed 3–5–99; 11:58 am] SUPPLEMENTARY INFORMATION: expected that one complete cycle of the BILLING CODE 7590±01±M Background notice and response program will be In a separate action published in the completed. However, any delays in NUCLEAR REGULATORY Federal Register on December 2, 1998 completing the first cycle of notice and COMMISSION (63 FR 66492), the NRC is proposing to response will be taken into account, and amend its regulations in 10 CFR Part 31 the effective time period of this interim [NUREGÐ1600, REV. 1] to provide for more frequent and timely enforcement policy will be lengthened contact between the NRC and users of accordingly. Policy and Procedure for NRC certain industrial devices containing Under this interim enforcement Enforcement Actions; Interim byproduct material that are licensed policy, enforcement action normally Enforcement Policy for Generally pursuant to the general license will not be taken for violations of 10 Licensed Devices Containing provisions of 10 CFR 31.5. The NRC is CFR 31.5 if they are identified by the Byproduct Material (10 CFR 31.5) proposing this rule after concluding that general licensee, and reported to the AGENCY: Nuclear Regulatory there is a lack of awareness of NRC NRC if reporting is required, provided Commission. regulatory requirements on the part of that the general licensee takes the user of the general license (general appropriate corrective action to address ACTION: Policy statement. licensee). In addition, there is evidence the specific violations and prevent

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11509 recurrence of similar problems and Appendix D: Interim Enforcement SUMMARY: The NRC is announcing the otherwise has undertaken good faith Policy for Generally Licensed Devices availability of and requesting comment efforts to respond to NRC notices and Containing Byproduct Material (10 CFR on draft NUREG–1556, Volume 13, provide requested information. This 31.5) ‘‘Consolidated Guidance about Materials change from the Commission’s normal This Appendix sets forth the interim Licenses: Program-Specific Guidance enforcement policy is to remove the enforcement policy that the NRC will follow about Commercial Radiopharmacy potential for the threat of enforcement to exercise enforcement discretion for certain Licenses,’’ dated December 1998. action to be a disincentive for the violations of requirements in 10 CFR Part 31 NRC is using Business Process licensee to identify deficiencies. This for generally licensed devices containing Redesign (BPR) techniques to redesign approach is warranted given the limited byproduct material. It addresses violations its materials licensing process, as NRC inspections of general licensees. that persons licensed pursuant to 10 CFR described in NUREG–1539, 31.5 identify and correct now, as well as ‘‘Methodology and Findings of the This approach is intended to encourage during the initial cycle of the notice and general licensees to determine if response program contemplated by the NRC’s Materials Licensing Process applicable requirements have been met, proposed new requirements published in the Redesign.’’ A critical element of the new to search their facilities to assure that Federal Register on December 2, 1998 (63 FR process is consolidating and updating sources are located, and to develop 66492), entitled ‘‘Requirements for Those numerous guidance documents into a appropriate corrective action when Who Possess Certain Industrial Devices NUREG-series of reports. This draft deficiencies are found. Under this Containing Byproduct Material to Provide NUREG report is the 13th program- interim enforcement policy, Requested Information’’. specific guidance developed to support enforcement action, including issuance Exercise of Enforcement Discretion an improved materials licensing of civil penalties and Orders, may be process. Under this interim enforcement policy, taken where there is: (a) Failure to take enforcement action normally will not be The guidance is intended for use by appropriate corrective action to prevent taken for violations of 10 CFR 31.5 if they are applicants, licensees, NRC license recurrence of similar violations; (b) identified by the general licensee, and reviewers, and other NRC personnel. failure to respond and provide the reported to the NRC if reporting is required, This document combines and updates information required by the notice and provided that the general licensee takes the guidance found in ‘‘Draft Regulatory response program (if it becomes a final appropriate corrective action to address the Guide DG–0006’’ (previously issued as rule); (c) willful failure to provide specific violations and prevent recurrence of FC 410–4), ‘‘Guide for the Preparation of similar problems and otherwise has Applications for Commercial Nuclear complete and accurate information to undertaken good faith efforts to respond to the NRC; or (d) other willful violations, NRC notices and provide requested Pharmacy Licenses’’ (March 1997), and such as willfully disposing of generally information. Standard Review Plan 85–14, ‘‘Standard licensed material in an unauthorized Review Plan for Applications for Exceptions manner. Nuclear Pharmacy Licenses.’’ This draft Enforcement action may be taken where report takes a more risk-informed, Paperwork Reduction Act there is: (a) failure to take appropriate performance-based approach to This policy statement amends corrective action to prevent recurrence of similar violations; (b) failure to respond and licensing commercial radiopharmacies information collection requirements that provide the information required by the and reduces the information (amount are subject to the Paperwork Reduction notice and response program (if it becomes and level of detail) needed to support an Act of 1995 (44 U.S.C. 3501 et seq.). a final rule); (c) willful failure to provide application to use these devices. Note These requirements have been approved complete and accurate information to the that this document is strictly for public by the Office of Management and NRC; or (d) other willful violations, such as comment and is not for use in preparing Budget (OMB), control number 3150– willfully disposing of generally licensed or reviewing commercial radiopharmacy 0016. material in an unauthorized manner. licenses until it is published in final Enforcement sanctions in these cases may Public Protection Notification include civil penalties as well as Orders to form. It is being distributed for comment modify or revoke the authority to possess to encourage public participation in its If an information collection does not radioactive sources under the general license. development. display a currently valid OMB control Dated at Rockville, Maryland, this 3rd day DATES: The comment period ends June number, the NRC may not conduct or of March, 1999. 7, 1999. Comments received after that sponsor, and a person is not required to For the Nuclear Regulatory Commission. time will be considered if practicable. respond to, the information collection. Annette Vietti-Cook, ADDRESSES: Submit written comments Small Business Regulatory Enforcement Secretary of the Commission. to: Chief, Rules and Directives Branch, Fairness Act [FR Doc. 99–5748 Filed 3–8–99; 8:45 am] Division of Administrative Services, In accordance with the Small BILLING CODE 7590±01±P Office of Administration, U. S. Nuclear Business Regulatory Enforcement Regulatory Commission, Washington, Fairness Act of 1996, the NRC has DC 20555–0001. Hand-deliver determined that this action is not a NUCLEAR REGULATORY comments to 11545 Rockville Pike, ‘‘major’’ rule and has verified this COMMISSION Rockville, Maryland, between 7:15 a.m. determination with the Office of and 4:30 p.m. on Federal workdays. Information and Regulatory Affairs, Consolidated Guidance About Comments may also be submitted Office of Management and Budget. Materials Licenses: Program-Specific through the Internet by addressing Accordingly, the NRC Enforcement Guidance About Commercial electronic mail to [email protected]. Policy is amended by adding Appendix Radiopharmacy Licenses, Availability Those considering public comment D as follows: of Draft NUREG may request a free single copy of draft NUREG-1556, Volume 13, by writing to General Statement of Policy and AGENCY: Nuclear Regulatory Commission (NRC). the U.S. Nuclear Regulatory Procedure for NRC Enforcement Commission, ATTN: Mrs. Sally L. ACTION: Notice of availability and Actions Merchant, Mail Stop TWFN 9–F–31, request for comments. * * * * * Washington, DC 20555–0001.

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Alternatively, submit requests through Personnel Management Building, 1900 E SECURITIES AND EXCHANGE the Internet by addressing electronic Street, NW., Washington, DC. COMMISSION mail to [email protected]. A copy of draft The Federal Prevailing Rate Advisory Committee is composed of a Chair, five [Release No. 34±41119; File No. SR±Amex± NUREG–1556, Volume 13, is also 98±34] available for inspection and/or copying representatives from labor unions holding for a fee in the NRC Public Document exclusive bargaining rights for Federal blue- Self-Regulatory Organization; Room, 2120 L Street, NW. (Lower collar employees, and five representatives American Stock Exchange LLC; Order Level), Washington, DC 20555–0001. from Federal agencies. Entitlement to Approving and Notice of Filing and The Presidential Memorandum dated membership on the Committee is provided Order Granting Accelerated Approval for in 5 U.S.C. 5347. June 1, 1998, entitled, ‘‘Plain Language of Amendment Nos. 3 and 4 to the The Committee’s primary responsibility is in Government Writing,’’ directed that Proposed Rule Change Relating to the to review the Prevailing Rate System and the Federal government’s writing be in Listing and Trading of Shares of the other matters pertinent to establishing plain language. The NRC requests Nasdaq-100 Trust comments on this licensing guidance prevailing rates under subchapter IV, chapter NUREG specifically with respect to the 53, 5 U.S.C., as amended, and from time to February 26, 1999. time advise the Office of Personnel clarity and effectiveness of the language I. Introduction used. Comments should be sent to the Management. address listed above. These scheduled meetings will start in On September 21, 1998, The open session with both labor and American Stock Exchange LLC (‘‘Amex’’ FOR FURTHER INFORMATION, CONTACT: management representatives attending. or ‘‘Exchange’’) submitted to the Mrs. Sally L. Merchant, Mail Stop During the meetings either the labor members Securities and Exchange Commission TWFN 9–F–31, Division of Industrial or the management members may caucus (‘‘Commission’’), pursuant to Section and Medical Nuclear Safety, Office of separately with the Chair to devise strategy 19(b)(1) Securities Exchange Act of 1934 Nuclear Material Safety and Safeguards, and formulate positions. Premature (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a U.S. Nuclear Regulatory Commission, disclosure of the matters discussed in these proposed rule change to list and trade Washington, DC 20555, telephone (301) caucuses would unacceptably impair the under Amex Rules 1000 et seq., Nasdaq- 415–7874; electronic mail address: ability of the Committee to reach a consensus 100 Shares, units of beneficial interest [email protected]. on the matters being considered and would in the Nasdaq-100 Trust. The Electronic Access disrupt substantially the disposition of its proposed rule change and Amendment business. Therefore, these caucuses will be Nos. 1 and 2 3 were published for Draft NUREG–1556, Vol. 13 is closed to the public because of a available electronically by visiting comment in the Federal Register on determination made by the Director of the December 18, 1998.4 On February 5, NRC’s Home Page (http://www.nrc.gov/ Office of Personnel Management under the NRC/nucmat.html). 1999 and February 24, 1999, the provisions of section 10(d) of the Federal Exchange filed Amendment Nos. 3 5 and Advisory Committee Act (Pub. L. 92–463) Dated at Rockville, Maryland, this 3rd day 4,6 respectively. No comments were and 5 U.S.C. 552b(c)(9)(B). These caucuses of March, 1999. received on the proposal. This order may, depending on the issues involved, For the Nuclear Regulatory Commission. approves the proposed rule filing as constitute a substantial portion of a meeting. Patricia K. Holahan, amended.7 Annually, the Chair compiles a report of Acting Chief, Rulemaking and Guidance pay issues discussed and concluded Branch, Division of Industrial and Medical 1 15 U.S.C. 78s(b)(1). recommendations. These reports are Nuclear Safety, NMSS 2 17 CFR 240.19b–4. available to the public, upon written request [FR Doc. 99–5750 Filed 3–8–99; 8:45 am] 3 The Exchange filed Amendment No. 1 to the to the Committee’s Secretary. original proposal to clarify the nature and operation BILLING CODE 7590±01±P The public is invited to submit material in of the Nasdaq-100 Trust shares (‘‘Amendment No. writing to the Chair on Federal Wage System 1’’). See Letter from Geraldine M. Brindisi, Vice pay matters felt to be deserving of the President and Corporate Secretary, Amex, to Michael Walinskas, Market Regulation, OFFICE OF PERSONNEL Committee’s attention. Additional Commission, dated December 16, 1998. In MANAGEMENT information on this meeting may be obtained Amendment No. 2, the Exchange discusses the basis by contacting the Committee’s Secretary, for the mandatory termination date of the Trust. Federal Prevailing Rate Advisory Office of Personnel Management, Federal (‘‘Amendment No. 2’’). See Letter from Mike Committee Open Committee Meetings Cavalier, Associate General Counsel, Legal and Prevailing Rate Advisory Committee, Room Regulatory Policy, Amex, to Hong-anh Tran, Staff According to the provisions of section 5559, 1900 E Street, NW., Washington, DC Attorney, Market Regulation, Commission, dated 20415 (202) 606–1500. December 16, 1998. 10 of the Federal Advisory Committee 4 Dated: March 3, 1999. Securities Exchange Act Release No. 40809 Act (Pub. L. 92–463), notice is hereby (December 18, 1998), 63 FR 71524 (December 28, given that meetings of the Federal John F. Leyden, 1998). Prevailing Rate Advisory Committee Chairman, Federal Prevailing Rate, Advisory 5 In Amendment No. 3, the Exchange discusses, will be held on— Committee. among other things, the real-time information that will be available regarding the Nasdaq-100 Trust Thursday, March 18,1999 [FR Doc. 99–5760 Filed 3–8–99; 8:45 am] shares (‘‘Amendment No. 3). See Letter from BILLING CODE 6325±01±P Michael Cavalier, Associate General Counsel, Legal Thursday, April 8, 1999 & Regulatory Policy, Amex, to Katherine England, Thursday, April 22, 1999 Assistant Director, Market Regulation, Commission, dated February 5, 1999. Thursday, May 6, 1999 6 In Amendment No. 4, the Exchange amends the product description; provides the new name of the Thursday, May 20, 1999 Trust Shares Sponsor, and discusses the proposed Thursday, June 10, 1999 Amex Rule 1006 (‘‘Amendment No. 4’’) See Letter from James Duffy, Amex, to Katherine A. England, Thursday, June 24, 1999 Assistant Director, Market Regulation, Commission, dated February 22, 1999. The meetings will start at 10:00 a.m. and 7 This order is granting approval for Nasdaq-100 will be held in Room 5A06A, Office of Trust shares to be listed and traded on the Amex.

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II. Description The Exchange now proposes to list of the largest and most actively traded On December 11, 1992,8 the and trade under Rules 1000 et seq. securities listed on the Nasdaq Stock Commission approves Amex Rules 1000 Nasdaq-100 Shares (referred to herein as Market. Additionally, the Index has et seq. to accommodate trading on the ‘‘Trust shares’’), units of beneficial achieved wide acceptance by both Exchange of Portfolio Depositary interest in the Nasdaq-100 Trust, Series investors and market professionals. SM 1, a unit investment trust based on the Specifically, the Index is composed of Receipts (‘‘PDRs’’), securities which  represent interests in a unit investment Nasdaq-100 Index (‘‘Nasdaq-100 100 of the largest and most actively 13 trust (‘‘Trust’’) operating on an open-end Trust’’ or ‘‘Trust’’). The Trust Sponsor, traded non-financial companies listed basis and that hold a portfolio of Nasdaq-Amex Investment Product on the Nasdaq National Market tier of 14 securities.9 Each Trust is intended to Services, Inc., which is wholly-owned the Nasdaq Stock Market. provide investors with an instrument by The Nasdaq Stock Market, Inc. The Index was first published in that closely tracks the underlying (‘‘Nasdaq’’), will enter into a trust January 1985, and includes companies securities portfolio, that trades like a agreement with The Bank of New York across a variety of major industry share of common stock, and that pays to as trustee (the ‘‘Trustee’’) in accordance groups. The major industry groups PDR holders periodic dividends with Section 26 of the Investment covered in the Index are: computer and 15 proportionate to those paid with respect Company Act of 1940. A distributor, office equipment, computer and to the underlying portfolio of securities, Alps Mutual Funds, Inc., will act as software/services, telecommunications, less certain expenses, as described in underwriter of the Nasdaq-100 Trust on retail/wholesale trade, and 16 18 the applicable Trust prospectus. The an agency basis. All orders to create biotechnology. The five largest first Trust to be formed in connection Trust shares in Creation Unit size companies represented in the Index as with the issuance of PDRs was based on aggregations must be placed with the of December 14, 1998, are as follows: the Standard & Poor’s 500 Index (‘‘S&P distributor, and it will be the Microsoft Corporation, Intel 500 Index’’), known as Standard & responsibility of the distributor to Corporation, Cisco Systems Inc., Dell Poor’s Depositary Receipts (‘‘SPDRs’’), transmit the orders to the Trustee. The Computer Corporation, and MCI which have been trading on the distributor is a registered broker-dealer WORLDCOM, Inc. Current information Exchange since January 29, 1993.10 In and a member of the National regarding the market value of the Index 1995, the Commission approved Amex’s Association of Securities Dealers, Inc. is available from Nasdaq as well as numerous market information services. listing and trading of PDRs based on the The Nasdaq-100 Index17 Standard & Poor’s MidCap 400 Index The Index is determined, composed, The Nasdaq-100 Index (‘‘Index’’) (‘‘MidCap SPDRs’’).11 In January 1998, and calculated by Nasdaq without constitutes a clearly diversified segment the Commission approved the listing regard to the Trust. and trading of PDRs based on the Dow At any moment in time, the value of product. The Sponsor for the SPDR, MidCap SPDR, Jones Industrial AverageSM the Index equals the aggregate value of and DIAMONDS Trust is PDR Services LLC. the then-current Index share weights (‘‘DIAMONDS’’) 12 13 The ‘‘Nasdaq-100 Index,’’ ‘‘Nasdaq-100,’’ ‘‘Nasdaq,’’ and ‘‘The Nasdaq Stock Market’’ are (described below) of each of the If at a subsequent date, Trust shares are to be listed trademarks of Nasdaq and have been licensed for component 100 securities in the Index and traded on another national securities exchange use for certain purposes by Investment Product (the ‘‘Index Securities) multiplied by or a quotation medium operated by a national Services, Inc. pursuant to a License Agreement and Nasdaq. The specific name of the Trust and units each such security’s respective last sale securities association, such self-regulatory price on the Nasdaq Stock Market, and organization (‘‘SRO’’) must contact the Commission of beneficial interest based on the Nasdaq-100 Index to determine if it must file, pursuant to Section are subject to change and any such change will be divided by a scaling factor (the 19(b)(1) of the Act and Rule 19b–4 thereunder, a filed with the Commission as an amendment hereto. ‘‘divisor’’) which becomes the basis for proposed rule change for such listing and trading. 14 See Amendment No. 4, supra note 6. 15 the reported Index value. The divisor 8 An Application for Orders pursuant to Section See Securities Exchange Act Release No. 31591 serves the purpose of scaling such (December 11, 1992), 57 FR 60253 (December 18, 6(c) of the Investment Company Act of 1940 (‘‘1940 1992) (‘‘SPDRs Order’’). Act’’) has been filed with respect to the Trust (the aggregate value (otherwise in the ‘‘Application’’). In the interest of facilitating 9 ‘‘PDRs’’ is a service mark of PDR Services LLC, hundreds of billions) to a lower order of secondary market transactions in Trust shares, the a wholly-owned subsidiary of the Exchange. Application seeks, among other things, an order (1) magnitude which is more desirable for 10 19 See SPDRs Order, supra note 8. permitting secondary market transactions in Trust Index reporting purposes. 11 See Securities Exchange Act Release No. 35534 shares at negotiated prices rather than at a current The Index share weights of the (March 24, 1995), 60 FR 16686 (March 31, 1995) public offering price described in the prospectus component securities of the Index at any (‘‘MidCap SPDRs Order’’). ‘‘Standard & Poor’s 500,’’ and based on current net asset value as required by ‘‘Standard & Poor’s MidCap 400 Index,’’ ‘‘Standard Section 22(d) of the 1940 Act and Rule 22c–1 time are based upon the total shares & Poor’s Depositary Receipts,’’ ‘‘SPDRs,’’ thereunder, and (2) permitting the sale of Trust outstanding in each of the 100 Index ‘‘Standard & Poor’s MidCap 499 Depositary shares to purchasers in the secondary market Securities and will be additionally Receipts’’ and ‘‘MidCap SPDRs’’ are trademarks of unaccompanied by a prospectus, when prospectus subject (prior to the issuance of Trust The McGraw-Hill Companies, Inc. and are being delivery is not required by Section 4(3) of the used by the Exchange and the Sponsor under Securities Act of 1933 but may be required shares) to rebalancing to ensure that the license among Standard & Poor’s, a division of The according to Section 24(d) of the 1940 Act for relative weighting of the Index McGraw-Hill Companies, Inc., the Exchange and redeemable securities issued by a unit investment Securities continues to meet minimum the Sponsor. ‘‘SPDRs’’ and ‘‘MidCap SPDRs’’ are trust. In addition a registration statement on Form not sponsored, endorsed, sold, or promoted by S&P, S–6, including a preliminary prospectus for the pre-established requirements for a and S&P makes no representation regarding the Trust (No. 333–61001), has been filed with the diversified portfolio (see ‘‘Rebalancing advisability of investing in SPDRs or MidCap Commission. These exemption, if granted, will of the Index’’). Accordingly, each Index SPDRs. permit individual Trust shares to be traded in Security’s influence on the value of the 12 See Securities Exchange Act Release No. 39525 secondary market transactions similar to a closed Index is directly proportional to the (January 8, 1998), 63 FR 2438 (January 15, 1998) end investment company. Both the Application and (‘‘DIAMONDS Order’’). ‘‘Dow Jones Industrial the registration statement provide additional detail Average,’’SM ‘‘DJIA,’’SM ‘‘Dow Jones’’SM and relating to a number of the procedures referenced 18 See Amendment No. 4, supra note 6. ‘‘DIAMONDS’’ are each trademarks and service in SR–Amex–98–34. 19 For example, on November 12, 1998, the marks of Dow Jones & Company, Inc. (‘‘Dow Jones’’) 16 See Amendment No. 4, supra note 6. aggregate value of the then-current Index share and have been licensed for use for certain purposes 17 The description of the Nasdaq-100 Index herein weights of each of the Index Securities multiplied by the Exchange and the Sponsor. DIAMONDS are as well as discussion of eligibility criteria, annual by their respective last sale price on the Nasdaq not sponsored, endorsed, sold or promoted by Dow ranking review, ongoing index administration, and Stock Market was $1,218,098,456,568, the divisor Jones, and Dow Jones makes no representation index rebalancing are based on materials prepared was 830,593,408, and the reported Index value was regarding the advisability of investing in such by The Nasdaq Stock Market. 1,466.54.

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Index share weights are adjusted as on market value) are retained in the As noted above, Nasdaq may also described herein, a new divisor will be Index provided that such security was during each quarter (ordinarily, several determined and become effective so as ranked in the top 100 eligible securities times per quarter) replace one or more to offset the change in aggregate value as of the previous year’s annual review. component securities in the Index due of the Index Securities in order to Securities not meeting the criteria are to mergers, acquisitions, bankruptcies, ensure the continuity of the value of the replaced. The replacement securities or due to delistings if an issuer chooses Index in connection with such chosen are those Index-eligible to list its securities on another adjustment. securities not currently in the Index marketplace, or if the issuers of the which have the largest market component securities fail to meet the Index Security Eligibility Criteria and capitalization. The list of annual eligibility criteria for continued Annual Ranking Review additions and deletions is publicly inclusion in the Index. To be eligible for inclusion in the announced via a press release in the Rebalancing of the Index Index, a security must be traded on the early part of December. Replacements Nasdaq National Market tier of the are made effective after the close of Effective on December 18, 1998, the Nasdaq Stock Market and meet the trading on the third Friday in December. Index will be calculated under a following criteria: Moreover, if at any time during the year ‘‘modified capitalization weighted’’ • The security must be of a non- an Index Security is no longer traded on methodology, which is a hybrid financial company; the Nasdaq Stock Market, or is between equal weighting and • Only one class of security per issuer otherwise determined by Nasdaq to conventional capitalization weighting. This methodology is expected to: (1) is allowed; become ineligible for continued retain in general the economic attributes • The security may not be issued by inclusion in the Index, the security will of capitalization weighting; (2) promote an issuer currently in bankruptcy be replaced with the largest market portfolio weight diversification (thereby proceedings; capitalization security not currently in limiting domination of the Index by a • The security must have average the Index and meeting the Index few large stocks); (3) reduce Index daily trading volume of at least 100,000 eligibility criteria listed above. shares per day; performance distortion by preserving • The security must have ‘‘seasoned’’ Ongoing Index Administration the capitalization ranking of companies; on the Nasdaq Stock Market or another and (4) reduce market impact on the In addition to the Annual Ranking smallest component securities form recognized market (generally, a Review, the securities in the Index are company is considered to be seasoned necessary weight rebalancings. monitored every day by Nasdaq with Specifically, on a quarterly basis by Nasdaq if it has been listed on a respect to changes in total shares market for at least two years; in the case coinciding with Nasdaq’s quarterly outstanding arising from secondary scheduled weight adjustment of spin-offs, the operating history of the offerings, stock repurchases, spin-off will be considered); procedures (see ‘‘Ongoing Index • conversions, or other corporate actions. Administration’’), the Index Securities If a security would otherwise Periodically (typically, several times per qualify to be in the top 25% of the are categorized as either ‘‘Large Stocks’’ quarter), Nasdaq may determine that or ‘‘Small Stocks’’ depending on issuers included in the Index by market total shares outstanding have changed capitalization, then a one year whether their current percentage 20 in one or more Index Securities as a weights (after taking into account such ‘‘seasoning’’ criteria would apply; result of such events and Nasdaq has • If the security is of a foreign issuer, scheduled weight adjustments due to adopted the following quarterly stock repurchases, secondary offerings, the company must have a worldwide scheduled weight adjustment market value of at least $10 billion, a or other corporate actions) are greater procedures with respect to such than, or less than or equal to, the U.S. market value of at least $4 billion, changes. If the change in total shares and average trading volume on the average percentage weight in the Index outstanding arising from such corporate (i.e., as a 100-stock index, the average Nasdaq Stock Market of at least 200,000 action is greater than or equal to 5.0%, shares per day; in addition, foreign percentage weight in the Index is 1.0%). such change is ordinarily made to the Such quarterly examination will securities must be eligible for listed Index on the evening prior to the result in an index rebalancing if either options trading; and effective date of the corporate action. one or both of the following two weight • The issuer of the security may not Otherwise, if the change in total shares distribution requirements are not met: have entered into a definitive agreement outstanding is less than 5.0%, then all (1) the current weight of the single or other arrangement which would the changes are accumulated and made largest market capitalization stock in the result in the security no longer being effective at one time on a quarterly basis Index must be less than or equal to listed on the Nasdaq Stock Market after the close of trading on the third 24.0% and (2) the ‘‘collective weight’’ of within the next six months.21 Friday in each of March, June, those stocks whose individual current The Index Securities are evaluated September, and December. In either weights are in excess of 4.5%, when annually based on market data as of the case, the Index Share weights for such added together, must be less than or end of October as follows (‘‘Annual Index Securities are adjusted by the equal to 48.0%. Ranking Review’’). Securities listed on same percentage amount by which the If either one or both of these weight the Nasdaq Stock Market which meet total shares outstanding have changed distribution requirements are not met the above eligibility criteria are ranked in the Index Securities. Ordinarily, upon quarterly review, a weight by market value as of the end of whenever there is a change in Index rebalancing will be performed in October. Index-eligible securities which share weights or a change in a accordance with the following plan. component security included in the First, relating to weight distribution 20 See Preliminay Prospectus for Nasdaq-100 Trust, Series 1, at 38 (January 28, 1999). Index, Nasdaq adjusts the divisor to requirement (1) above, if the current 21 See Preliminary Prospectus for Nasdaq-100 assure that there is no discontinuity in weight of the single largest stock in the Trust, Series 1, at 38 (January 28, 1999). the value of the Index which might Index exceeds 24.0%, then the weights

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Changes to the Index share an amount equal, on a per Creation Unit Second, relating to weight distribution weights will be made effective after the basis, to the dividends accumulated in requirement (2) above, for those stocks close of trading on the third Friday in respect of the securities held in the whose individual current weights or March, June, September, and December Trust from the most recent ex-dividend adjusted weights in accordance with the and a corresponding adjustment to the date for Trust shares through and preceding step are in excess of 4.5%, if Index divisor will be made to ensure including the day on which the creation their ‘‘collective weight’’ exceeds continuity of the Index. Such changes to order is placed, net of accrued expenses 48.0%, then the weights of all Large the Index share weights would result and liabilities of the Trust for such Stocks will be scaled down either from (1) adjustments to reflect period. The ‘‘Balancing Amount’’ serves proportionately towards 1.0% by just changes in total shares outstanding in the function of compensating for any enough for the ‘‘collective weight,’’ so one or more Index Securities made differences between (1) the value of the adjusted, to be set to 40.0%.22 during Nasdaq’s quarterly scheduled portfolio of securities deposited with The aggregate weight reduction weight adjustment procedures (see the Trustee in connection with a among the Large Stocks resulting from ‘‘Ongoing Index Administration’’), (2) creation of Trust shares, together with either or both of the above rescalings changes effective in the quarter ending the Income Net of Expense Amount, and will then be redistributed to the Small in December in connection with the (2) the net asset value of the Trust on Stocks in the following iterative Annual Ranking Review (see ‘‘Index a per Creation Unit basis. The ‘‘Income manner. In the first iteration, the weight Security Eligibility Criteria and Annual Net of Expense Amount’’ and the of the largest Small Stock will be scaled Ranking Review’’); or (3) changes based ‘‘Balancing Amount’’ are collectively upwards by a factor which sets it equal on the rebalancing of the Index in referred to as the ‘‘Cash Component’’ in to the average index weight of 1.0%. accordance with procedures described the Trust Application and registration The weights of each of the smaller above.23 statement, and the deposit of a specified remaining Small Stocks will be scaled The Nasdaq-100 Trust portfolio of securities (as referenced up by the same factor reduced in above) and the Cash Component are relation to each stock’s relative ranking To be eligible to place orders to create collectively referred to as a ‘‘Portfolio among the Small Stocks such that the Trust shares, as described below, an Deposit.’’ On any given day, the Cash entity or person must either be a smaller the stock in the ranking, the less Component of the Portfolio Deposit may participant in the Continuous Net the scale-up of its weight. This is be payable either by the Trustee on Settlement (‘‘CNS’’) system of the intended to reduce the market impact of behalf of the Trust to the creator of Trust National Securities Clearing Corporation the weight rebalancing on the smallest shares, or by the creator of Trust shares (‘‘NSCC’’) or a Depository Trust component securities in the Index. to the Trustee on behalf of the Trust, In the second iteration, the weight of company (‘‘DTC’’) participant. Upon depending on the respective amounts of the second largest Small Stock, already acceptance of an order to create Trust the ‘‘Income Net of Expense Amount’’ adjusted in the first iteration, will be shares, the distributor will instruct the and the ‘‘balancing Amount.’’ scaled upwards by a factor which sets Trustee to initiate the book-entry it equal to the average index weights of movement of the appropriate number of In connection with redemptions of 1.0%. The weights of each of the smaller Trust shares to the account of the entity Creation Unit size aggregations of Trust remaining Small Stocks will be scaled placing the order. Trust shares will be shares, the redeeming party receives a up by this same factor reduced in registered in book entry only, which portfolio of securities typically identical relation to each stock’s relative ranking records will be kept by DTC. in composition and weighting to the among the Small Stocks such that, once Payment with respect to creation securities portion of a Portfolio Deposit again, the smaller the stock in the orders placed through the distributor as in effect on the date a request for ranking, the less the scale-up of its will be made by (1) the ‘‘in-kind’’ redemption is deemed received by the weight. deposit with the Trustee of a specified Trustee, in addition, in certain cases, to Additional iterations will be portfolio of securities that is a ‘‘Cash Redemption Amount’’ (as performed until the accumulated substantially similar in composition to defined in the Trust prospectus) which increase in weight among the Small the component shares of the underlying is typically identical to the amount of Stocks exactly equals the aggregate index or portfolio; and, in addition, (2) the ‘‘Cash Component,’’ as in effect on weight reduction among the Large an amount equal to the ‘‘Income Net of such date. The ‘‘Cash Redemption Stocks from rebalancing in accordance Amount’’ will either be paid to the with weight distribution requirement (1) 23 Effective on December 21, 1998, Nasdaq will be Trustee on behalf of the Trust by the and/or weight distribution requirement maintaining two versions of the Nasdaq-100 Index, redeemer or paid to the redeemer by the calculated based on (1) conventional capitalization Trustee on behalf of the Trust, again (2) above. weighting and (2) modified capitalization To complete the rebalancing weighting. Nasdaq-100 Index options listed for depending upon the respective amounts procedure, once the final percent trading on the Chicago Board Options Exchange of the ‘‘Income Net of Expense Amount’’ weights of each stock in the Index are (‘‘CBOE’’) prior to December 21, 1998, (whose and the ‘‘Balancing Amount,’’ as expiration dates extend as far out as March 1999) described in the Trust prospectus. set, the Index share weights will be will continue to be based on the conventional determined anew based upon the last capitalization weighted version. Nasdaq-100 Index The mandatory termination date of sale prices and aggregate capitalization options listed for trading on the CBOE on or after the Trust will be the first to occur of (i) of the Index at the close of trading on December 21, 1998, will be based on the modified a date in 2124 24 or (ii) the date 20 years capitalization weighted version. After expiration of March index option contracts on March 20, 1999, after the death of the last survivor of 15 22 By applying the weight rebalancing the Index version based on the conventional specified persons named in the Trust methodology, the Trust is able to meet, among other weighting method will no longer be calculated. At Agreement between the Trust Sponsor things, certain diversification tests which enable the all times, the Trust intends to replicate the and the Trustee, the oldest of whom was Trust to maintain its tax treatment as a ‘‘regulated composition and weighting of the Nasdaq-100 Index investment company’’ under Subchapter M of the based on the modified capitalization weighting Internal Revenue Code of 1986, as amended. method. 24 See Amendment No. 4, supra note 6.

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Nominal service fees may be through the distributor as described business day a list of the names and charged in connection with the creation above, the Trustee will issue a specified required number of shares of each of the and redemption of Creation Units. The number of Trust shares, this aggregate Index Securities in the current Portfolio Trustee will cancel all Trust shares number is referred to as a ‘‘Creation Deposit as well as the Income Net of delivered upon redemption. Unit.’’ The Exchange anticipates that, Expense Amount for the previous The Trustee, in its discretion, upon with respect to the Nasdaq-100 Trust, a business day. the request of the redeeming investor, Creation Unit will be made up of 50,000 Transactions in Trust shares may be may redeem Creation Units in whole or Trust shares. effected on the Exchange until 4:15 p.m. in part by providing the redeemer with Individual Trust shares can then be New York time each business day. The a portfolio of securities differing in traded in the secondary market like minimum fractional change for Trust exact composition and weighting from other equity securities. It is expected 1 shares shall be ⁄64 of $1.00. that Portfolio Deposits will be made the Index Securities but not differing in primarily by institutional investors, Redemption net asset value from the then current net asset value of Trust shares. Such a arbitrageurs and the Exchange Trust shares in Creation Unit size specialist. The Trust has been structured redemption is likely to be made only if aggregations generally will be it were to be determined that this to provide for the initial issuance of redeemable in kind 27 by tendering them Trust shares at a per share price which composition would be appropriate in to the Trustee. While holders may sell order to maintain the portfolio of the would approximate 1⁄20th of the Trust shares in the secondary market at Trust in correlation to the composition prevailing value of the Nasdaq–100 any time, they must accumulate at least Index. As of November 12, 1998, it is and weighting of the Index, for instance, 50,000 (or multiples thereof) to redeem in connection with a replacement of one estimated that the value of an individual through the Trust. Trust shares will Trust share would be approximately $74 of the Index Securities (e.g., due to a remain outstanding until redeemed or merger, acquisition, or bankruptcy, or in (1⁄20th of the prevailing value of the until the termination of the Trust. Index on such date). connection with the rebalancing of the Creation Unit size aggregations of Trust Index). The Trust Sponsor, Investment shares generally will be redeemable on Product Services, Inc., intends to make any business day in exchange for a Distributions available itself, or by other persons portfolio of the securities held by the Distributions by the Trust will be designated to do so by the Sponsor, a Trust typically identical in composition list of the names and the required made quarterly in the event that and weighting to the securities portion dividends accumulated in respect of the number of shares for each of the of a Portfolio Deposit in effect on the securities in the current Portfolio Trust securities and other income, if date request is made for redemption, any, received by the Trust, exceed Trust Deposit. The Trust Sponsor also intends together, in certain cases, with a ‘‘Cash to make available through the facilities fees and expenses accrued during the Redemption Amount’’ as referred to quarter. Based on historical dividend of the Amex on each business day the above), including accumulated Income Net of Expense Amount payment rates of the portfolio of stocks dividends, less accrued expenses and effective through and including the comprising the Index and estimated liabilities of the Trust, through the date previous business day per outstanding ordinary operating expenses of the of redemption, which will either be paid Trust share. The Sponsor may also Trust, little or no such distributions are to the Trustee by the redeemer or paid choose within its discretion to make currently anticipated. The regular to the redeemer by the Trustee on behalf available, frequently throughout each quarterly Ex-Dividend Date with respect of the Trust depending upon the business day, a number representing, on to net dividends, if any, for the Trust respective amounts of the ‘‘Income Net a per Trust share basis, the sum of the will be the third Friday in each of of Expense Amount,’’ and the Income Net of Expense Amount March, June, September, and December, ‘‘Balancing Amount,’’ as described effective through and including the unless such day is not a business day, previous business day plus the current previously. The number of shares of in which case the Ex-Dividend Date will value of the securities portion of a each of the securities transferred to the be the immediately preceding business Portfolio Deposit as in effect on such redeeming holder generally will be the day. However, there shall be no net day (which value will occasionally 26 dividend distribution in any given include a cash-in-lieu amount to See Amendment No. 3, supra note 5. 27 The Trustee shall have the discretion to deliver quarter, and any net dividend amounts compensate for the omission of a the cash equivalent value of an Index security or will be rolled into the next quarterly particular Index Security from such Index securities, based on the market value of such accumulation period, if the aggregate Portfolio Deposit). If the Sponsor elects Index security or securities as of the Evaluation net dividend distribution would be in Time on the date such redemption is deemed to make such information available, it 5 100 received by the Trustee, as a part of the Cash an amount less than ⁄ of one percent would be calculated based upon the best Redemption Payment in lieu of delivering the Index (0.05%) of the net asset value of the security or securities if: (1) the Trustee determines Trust as of the Friday in the week 25 The SEC staff notes that Amex has stated that in its discretion that an Index security is likely to immediately preceding the Ex-Dividend the basis of the mandatory termination date of the be unavailable or available in insufficient quantity Date, unless the Trustee determines that Trust is to comply with the common law rule for delivery by the Trust upon redemption; or (2) against perpetuities which provides, in brief, that a redeeming investor requests redemption in cash such net dividend distribution is no estate is valid unless it vests not later than with respect to one or more Index securities, if, for required to be made in order to maintain twenty-one years after lives in being at the creation example, the redeemer is restricted by regulation or the Trust’s status as a regulated of the estate, and that any future or present estate otherwise from investing or engaging in a is void in its creation if it suspends the absolute transaction in one or more Index securities. See investment company or to avoid the power of alienation longer than this period. See Preliminary Prospectus for Nasdaq-100 Trust, Series imposition of income or excise taxes on Amendment No. 2, supra note 3. 1, at 6 (January 28, 1999). undistributed income.

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Beneficial owners as reflected on the (b) if the index on which the trust is Trust shares or other index-based records of the Depository and the DTC based is no longer calculated; or derivative securities. Participants on the second business day (c) if such other event shall occur or following the ex-dividend date (the condition exists which, in the opinion Dissemination of Information by the 31 ‘‘record date’’) are entitled to receive an of the Exchange, makes further dealings Exchange on the Exchange inadvisable. amount, if any, representing dividends The Amex, on behalf of the Trust A trust terminate upon removal from accumulated through the quarter, net of Sponsor, will disseminate every 15 the fees and expenses of the Trust, Exchange listing and its PDRs shall be redeemed in accordance with provisions seconds during each business day a accrued daily for the period. For the number (under symbol QXV) purposes of such distributions, of the trust prospectus. A trust may also terminate under such other conditions representing, on a per Nasdaq-100 Share dividends per Trust share are calculated basis, the sum of the Income Net of at least to the nearest 1⁄100th of $0.01. as may be set forth in the trust Expense Amount effective through and When net dividend payments are to be prospectus. For example, the Sponsor, including the previous business day, made by the Trust, payment will be following notice to Trust shareholders, plus the current value of the securities made on the last business day in the shall have discretion to direct that the portion of a Portfolio Deposit as in effect calendar month following each Ex- Trust be terminated if the value of on the day (the ‘‘Value’’) (which value Dividend Date (the ‘‘Dividend Payment securities in the Trust is below a Date’’). Dividend payments will be specified amount. The Trust may also will occasionally include a cash-in-lieu made through the Depository and the terminate if the license agreement with amount to compensate for the omission 28 DTC Participants to Beneficial Owners Nasdaq terminates. of a particular Index security from the Portfolio Deposit). In addition, the then of record with funds received from Listing Fee 29 the Trustee. The Sponsor reserves the Exchange, on behalf of the Trust The Trust will not pay a listing fee to right to make the DTC Dividend Sponsor, will disseminate each business the Amex in connection with the listing Reinvestment Service (the ‘‘Service’’) day the Income Net of Expense Amount of Nasdaq-100 Shares on the Amex. available in the future for use by Trust effective through and including the shareholders through DTC Participants Trading Halts previous business day per outstanding Trust share (symbol: QND). for reinvestment of their periodic cash Prior to commencement of trading in distributions, if any. In the event the Trust shares, the Exchange will issue a Terms and Characteristics Service is made available, not all DTC circular to members informing them of Participants may choose to utilize this Exchange policies regarding trading Under Amex Rule 1000, Commentary Service and an interested investor halts in such securities. The circular .01, Amex members and member would have to consult his or her broker will make clear that, in addition to other organizations are required to provide to to ascertain the availability of dividend factors that may be relevant, the all purchasers of Trust shares a written reinvestment through such broker, as Exchange may consider factors such as description of the terms and well as applicable procedures. those set forth in Rule 918C(b) in characteristics of the securities, in a Criteria for Initial and Continued Listing exercising its discretion to halt or form prepared by the Exchange, not suspend trading in PDRs, including later than the time a confirmation of the Because of the open-end nature of the Trust shares. These factors include, but first transaction in each series is Trust upon which a series of PDRs is are not limited to (1) the extent to which delivered to the purchaser. The based, the Exchange believes it is trading is not occurring in stocks Exchange also requires that the necessary to maintain appropriate underlying the Index; and (2) whether description be included with any sales flexibility in connection with listing a other unusual conditions or material on the Trust that is provided to specific Trust. In connection with initial circumstances detrimental to the customers or the public. In addition, the listing, the Exchange will establish a maintenance of a fair and orderly Exchange requires that members and minimum number of PDRs required to market are present.30 member organizations provide be outstanding at the time of In addition, trading in Trust shares customers the prospectus for the Trust commencement of Exchange trading. will be halted if the circuit breaker upon request. For Trust shares, it is anticipated that a parameters under Amex Rule 117 have minimum of 150,000 Trust shares (i.e., been reached. The triggering of futures A member or member organization three Creation Units of 50,000 Trust price limits for index futures contracts carrying an omnibus account for a non- shares each), will be required to be such as Nasdaq 100 Index futures, will member broker-dealer is required to outstanding when trading begins. not, in itself, require a halt in Trust inform the non-member that execution The Trust will be subject to the initial shares trading or a delayed opening. of an order to purchase Trust shares for and continued listing criteria of Rule However, such an event could be the omnibus account will be deemed to 1002(b). Rule 1002(b) provides that, considered by the Exchange along with constitute agreement by the non- following twelve months from the other factors, such as a halt in Nasdaq- member to make the written description formation of a trust and commencement 100 or other broad-based index options available to its customers on the same of Exchange trading, the Exchange will trading, in deciding to halt trading in terms as are directly applicable to consider suspension of trading in, or members and member organizations. removal from listing of a trust when, in 28 With respect to the Trust, the Sponsor has the Prior to commencement of trading of its opinion, further dealing in such discretionary right to direct the Trustee to terminate Trust shares, the Exchange will the Trust if at any time after six months following securities appears unwarranted under and prior to three years following the inception of distribute to Exchange members and the following circumstances: the Trust the net asset value falls below member organizations an Information (a) if the trust has more than 60 days $150,000,000, or if at any time on or after three Circular calling attention to years following inception of the Trust the net asset characteristics of the Trust and to remaining until termination and there value of the Trust is below $350,000,000 in value, have been fewer than 50 record and/or adjusted annually for inflation. applicable Exchange rules. beneficial holders of the PDRs for 30 or 29 See Amendment No. 3, Supra note 5. more consecutive trading days; or 30 See Amex Rule 918C. 31 See Amendment No. 3, supra note 5.

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Stop and Stop Limit Orders provision is similar to other Exchange transactions.39 Accordingly, as Amex Rule 154, Commentary .04(c) rules relating to disclaimers with discussed below, the proposed rule provides that stop and stop limit orders respect to PDRs (i.e., Amex Rule 1004 change is consistent with the to buy or sell a security 32 (other than an for S&P 500 Index and Amex Rule 1005 requirements of Section 6(b)(5) that option, which is covered by Rule 950(f) for Dow Jones Indexes) as well as index Exchange rules facilitate transactions in and Commentary thereto) the price of options (i.e., Amex Rule 902C). The securities while continuing to further which is derivatively priced based upon Exchange further states that the last two investor protection and the public 40 another security or index of securities,33 sentences of proposed Amex Rule 1006, interest. may with the prior approval of a Floor which are similar to language included As the Commission noted in previous Official, be elected by a quotation, as set in Amex Rule 902C for index options, orders approving other PDR products forth in Commentary .04(c)(i–v). The clarify that the rule provides a (SPDRs, MidCap SPDRs, and disclaimer of liability to Nasdaq and the DIAMONDS) for listing and trading on Exchange has designated PDRs (Trust 41 shares are PDRs) as eligible for this Exchange with respect to the Nasdaq- Amex, the Commission believes that treatment.34 100 Index. the trading of securities like PDRs in general, and Trust shares in particular, Other Applicable Rules III. Discussion which replicate the performance of a Like SPDRs, MidCap SPDRs, and The Commission finds that the broad portfolio of stocks, could benefit DIAMONDS, trading in Trust shares on proposed rule change is consistent with the securities markets by, among other the Amex will be subject to the the requirements of the Act and the things, helping to ameliorate the provisions of Amex Rules 1000 et seq. rules and regulations thereunder volatility occasionally experienced in and regular Exchange equity trading applicable to a national securities these markets. The Commission believes rules will apply, including Exchange exchange, and, in particular, with the that the creation of one or more 36 rules relating to priority, parity and requirements of Section 6(b)(5). The products where actual portfolios of precedence and the obligations of Commission believes that the stocks or instruments representing a specialists. The provisions of Amex Exchange’s proposal to list and trade portfolio of stocks, such as Trust shares, Rule 411 (Duty to Know and Approve Trust shares will offer investors an which trade at a single location in an Customers) apply to customer efficient way of participating in the auction market environment could alter transactions in PDRs, and would securities markets. The Exchange’s the dynamics of program trading, therefore apply to Trust units proposal should help to provide because the availability of such single transactions; no enhanced suitability investors with increased flexibility in transaction portfolio trading could, in standards are applicable to such satisfying their investment needs by effect, restore the execution of program securities. allowing them to purchase and sell a trades to more traditional block trading low cost security replicating the techniques.42 Adoption of Rule 1006 performance of a portfolio of stocks at An individual Trust share has a value The Exchange proposes to adopt negotiated prices throughout the approximately equal to one-twentieth of Amex Rule 1006 35 to provide for business day.37 Specifically, the the prevailing value of the Nasdaq-100 disclaimers of liability by Nasdaq and Commission believes that the trading of Index,43 making it available and useful the Exchange in connection with the Trust shares will provide investors with to individual retail investors desiring to Nasdaq-100 Index and trading of Trust increased flexibility in satisfying their hold a security replicating the Shares. The Exchange states that this investment needs by allowing them to performance of a broad portfolio of purchase and sell a low-cost security stocks. Accordingly, the Commission 32 Stop sell orders generally are entered in a stock replicating the performance of a broad believes that trading of Trust shares will whose price has increased substantially to protect portfolio of stocks at negotiated prices provide retail investors with a cost the investor’s profits should the stock price decline. throughout the business day.38 The Similarly, stop buy orders generally are entered by efficient means to make investment investors with short positions to limit losses should Commission also believes that PDRs in decisions based on the direction of the the stock price increase. Conversely, stop limit general, and Trust shares in particular, market as a whole and may provide orders give investors the advantage of specifying the will benefit investors by allowing them market participants several advantages limit price: the maximum price an investor will pay to trade securities based on a portfolio in the case of a stop limit order to buy, or the over existing methods of effecting minimum price an investor will accept in the case of stocks in secondary market program trades involving stocks. of a stop limit order to sell. The Commission also believes that 33 A stop or stop limit order in a derivative 36 15 U.S.C. 78f(b)(5). PDRs, in general, and Trust shares, in security is elected, i.e., becomes a market or limit 37 The Commission notes, however, the unlike particular, will provide investors with order, respectively, when the quoted market for the typical open-end investment companies, where several advantages over standard open- derivative security reaches the appropriate stop or investors have the right to redeem their fund shares stop limit price. Once elected, the specialist treats on a daily basis, investors in Trust shares can end mutual fund shares that track a the orders like any other market or limit order, redeem them in Creation Unit size aggregations broad-based portfolio of stocks such as respectively. The specialist must execute the market only. Nevertheless, Trust shares would have the the Nasdaq-100 Index. In particular, order at the next best market price, and must added benefit of liquidity from the secondary execute the limit order at the limit price or hold the market and Trust share holders, unlike holders of 39 order on his limit order book until the limit price most other open-end funds, would be able to See supra note 37. is available. dispose of their shares in a secondary market 40 In approving this rule, the Commission notes 34 See Securities Exchange Act Release No. 39607 transaction. that it has considered the proposed rule’s impact on (February 2, 1998), 63 FR 6587 (February 9, 1998) 38 Pursuant to Section 6(b)(5) of the Act, the efficiency, competition, and capital formation. 15 (File No. SR–Amex–98–04), regarding the Commission must predicate approval of any new U.S.C. 78c(f). designation of PDRs as eligible for stop and stop securities product upon a finding that the 41 See supra notes 8, 11, and 12. limit order election under Amex Rule 154(c). See introduction of the product is in the public interest. 42 Program trading is defined as Index arbitrage or also Securities Exchange Act Release No. 29063 Such a finding would be difficult with respect to any trading strategy involving the related purchase (April 10, 1991), 56 FR 15652 (April 17, 1991) (File a product that served no hedging or other economic or sale of a ‘‘basket’’ or group of fifteen or more No. SR–Amex–90–31) regarding election of stop function, because any benefits that might be derived stocks having a total market value of $1 million or and stop limit orders by quotation for certain by market participants likely would be outweighed more. derivative equity securities designated by the by the potential for manipulation, diminished 43 As of November 12, 1998, it is estimated that Exchange as eligible for election. public confidence in the integrity of the markets, the value of an individual Trust share would be 35 See Amendment No. 4, supra note 6. and other valid regulatory concerns. approximately $74.

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11517 investors will have the ability to trade Commission believes that it is members and member organizations Trust shares continuously throughout appropriate to regulate Trust shares in a must include this written product the business day in secondary market manner similar to other equity description with any sales material transactions at negotiated prices.44 In securities. Nevertheless, the relating to the series of Trust shares that contrast, pursuant to Investment Commission believes that the nature of is provided to customers or the public. company Act Rule 22c–1,45 holders and Trust shares raise certain product Third, any other written materials prospective holders of open-end mutual design, disclosure, trading, market provided by a member or member to fund shares are limited to purchasing or impact, and other issues that must be customers or the public referencing redeeming securities of the fund based addressed adequately. As discussed in Trust shares as an investment vehicle on the net asset value of the securities more detail below, the Commission must include a statement, in a form held by the fund as designated by the believes Amex adequately addresses specified by Amex, that a circular and board of directors.46 Accordingly, PDRs these concerns. prospectus are available from a broker in general, and Trust shares in upon request. Fourth, a member or (a) The Nasdaq-100 Trust Generally particular, will allow investors to (1) member organization carrying account respond quickly to changes in the The Commission believes that the for a non-member broker-dealer is market; (2) trade at a known price; (3) proposed Trust shares are reasonably required to inform the non-member that engage in hedging strategies not designed to provide investors with an execution of an order to purchase a currently available to retail investors; (2) investment vehicle that substantially series of Trust shares for the omnibus trade at a known price; (3) engage in reflects in value the index it is based account will be deemed to constitute hedging strategies not currently upon, and in turn, the performance of agreement by the non-member to make available to retail investors; and (4) 100 of the largest and most actively the written product description reduce transaction costs for trading a traded non-financial companies’ equity available to its customers on the same portfolio of securities. securities listed on the Nasdaq National terms as member firms are required to Although PDRs in general, and Trust Market tier of the Nasdaq Stock Market. comply with. Accordingly, the shares in particular, are not leveraged The Nasdaq Stock Market is primarily Commission believes that investors in instruments, and therefore, do not responsible for the assignment of stocks PDR securities, in general, and Trust possess any of the attributes of stock into the Nasdaq-100 Index. The Nasdaq shares, in particular, will be provided index options, their prices will still be Stock Market also imposes specific with adequate disclosure of the unique derived and based upon the securities criteria in its selection of the Nasdaq- characteristics of the PDR instruments held in their respective Trusts. In 100 Index components. In selecting and other relevant information essence, Trust shares are equity components for the Nasdaq-100 Index, pertaining to the instruments. securities that are priced off a portfolios the Nasdaq Stock Market evaluates, Finally, under Amex’s proposal there of stocks based on the Nasdaq-100 among other things, the market will be no special account opening of Index. Accordingly, the level of risk capitalization and trading volume of the customer suitability rules applicable to involved in the purchase or sale of Trust components to assure that the stocks the trading of Trust shares.47 However, shares (or a PDR in general) is similar within the Index are liquid and highly pursuant to Amex Rule 1000(a), Amex to the risk involved in the purchase or capitalized. equity rules governing account opening sale of traditional common stocks, with The aim of the component selection and suitability will apply. Specifically, the exception that the pricing process is to make the Nasdaq-100 Index these rules provide that members shall mechanism for Trust shares (and PDRs components highly representative of the use due diligence to learn the essential in general) is based on a basket of over-all economic sector make-up and facts relative to every customer, order or stocks. Based on these factors, the market capitalization of a given market. account opened, and, prior to or At the same time, securities that are promptly after the completion of a 44 Because of potential arbitrage opportunities, illiquid or that have a small transaction for the account, specifically the Commission believes that Nasdaq-100 Trust capitalization are avoided. The approve the opening of the account.48 shares will not trade at a material discount or Commission believes that these criteria premium in relation to their net asset value. The (c) Trading of Trust Shares mere potential for arbitrage should keep the market should serve to ensure that the price of a Nasdaq-100 Trust share comparable to its underlying securities of this Index are The Commission finds that Amex’s net asset value, and therefore, arbitrage activity well capitalized and actively traded. proposal contains adequate rules and likely will be minimal. In addition, the Commission procedures to govern the trading of believes the Trust will track the underlying Index (b) Disclosure more closely than an open-end Index fund because Trust shares. Specifically, Trust shares, the Trust will generally accept only in-kind The Commission believes that the like other listed PDRs, will be deemed deposits, and, therefore, will not incur brokerage Exchange’s proposal should ensure that equity securities subject to all Amex expenses in assembling its portfolio. In addition, investors are adequately apprised of the rules governing the trading of equity the Trust will generally redeem only in kind, thereby enabling the Trust to invest virtually all of terms, characteristic, and risks of securities, including, among others, its assets in securities comprising the underlying Trading Trust shares. As noted above, rules governing the priority, parity and Index. the proposal contains four aspects precedence of orders, market volatility 45 Investment Company Act Rule 22c–1 generally addressing disclosure concerns. First, related to trading halt provisions requires that a registered investment company issuing a redeemable security, its principal pursuant to Amex Rule 1000(a), pursuant to Rule 117, and underwriter, and dealers in that security, may sell, Commentary .01, Amex members must responsibilities of specialists. The redeem, or repurchase the security only at a price provide their customers trading Trust Commission also notes that the Amex based on the net asset value next computed after shares with a written explanation of any may consider halting trading in any receipt of an investor’s request to purchase, redeem, or resell. The net asset value of a mutual fund special characteristics and risks series of Trust shares under certain generally is computed once daily Monday through attendant to trading PDR securities other circumstances, including those set Friday as designated by the investment company’s (such as Trust shares), in a form board of directors. The Commission granted the prepared by Amex. As discussed above, 47 This reflects the fact that PDRs are equity Nasdaq-100 Trust an exemption from this provision products and not options products, and, therefore, in order to allow Trust shares to trade a negotiated members can obtain Trust shares do not necessitate the imposition of options-like prices in the secondary market. See supra note 15. product descriptions for distribution to rules. 46 Id. customers from Amex. Second, 48 See Amex Rule 411.

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The Commission believes that the value of the Nasdaq-100 Trust shares on The Commission is satisfied with the trading of PDRs in general, and Trust a per share basis, the Commission specific listing and delisting criteria for shares in particular, on Amex should believes that the Value will provide PDRs that are applicable to Trust not adversely affect U.S. securities investors with adequate information to shares.49 These criteria should help to markets. As to the trading of Trust determine the intra-day value of the ensure that a minimum level of liquidity shares, the Commission notes that the given Nasdaq-100 Trust share. The will exist for Trust shares and allow for corpus of the Trust shares is a portfolio Commission expects that the Amex will the maintenance of fair and orderly of stocks replicating the Nasdaq-100 monitor the disseminated Value, and if markets. The delisting criteria also Index, a broad hybrid based equal/ the Amex were to determine that the allows the Exchange to consider the capitalization weighted index, Value does not closely track the value suspension of trading and the delisting consisting of 100 of the largest and most of the Nasdaq-100 trust share, it would of a Trust share, if an event were to actively traded non-financial arrange to disseminate an adequate occur that made further dealings in the companies’ equity securities listed on alternative value. securities inadvisable.50 Thus, the the Nasdaq national market tier of the Exchange has flexibility to delist any of Nasdaq Stock Market. In fact, as (f) Surveillance the Trust shares upon which a series of described above, the Commission The Commission also notes that Amex PDRs is based if circumstances warrant believes that the trading of Trust shares has submitted surveillance procedures such action.51 Accordingly, the may provide substantial benefits to the for the trading of Trust shares. These Commission believes that the rules marketplace and investors, including, procedures incorporate the Trust shares governing the trading of PDRs, among others, enhancing the stability of into the existing Amex surveillance including Trust shares, provide the markets of individual stocks.54 procedures to address concerns adequate safeguards to prevent Accordingly, the Commission believes associated with the listing and trading manipulative acts and practices and to that trading of Trust shares does not of such securities. protect investors and the public interest. contain features that will make them The Commission also notes that likely to adversely affect the U.S. certain concerns are raised when an (d) Market Impact securities markets. entity, such as the Nasdaq Stock Market, The Commission believes Amex has is involved in the development and adequately addressed the potential (e) Dissemination of Information by the maintenance of a stock index, upon market impact concerns raised by the Exchange which a product such as the Trust proposal. First, Amex’s proposal The Commission believes that the shares is based. The Commission notes permits listing and trading of Trust real-time Value the Exchange proposes that the Nasdaq Stock Market has shares only after review by the to disseminate will provide investors implemented procedures to prevent the Commission. Second, Amex has with timely and useful information misuse of material, non-public developed policies regarding trading concerning the value of the Nasdaq-100 information regarding changes to halts in Trust shares. Specifically, the Trust shares on a per share basis. The component stocks in the Nasdaq-100 Exchange would halt trading of Trust Exchange represents that the Index to assuage such concerns. The shares if the circuit breaker parameters information will reflect currently- Commission believes that the ‘‘Fire under Amex Rule 117 were reached.52 available information concerning the Wall’’ procedures put in place by the In addition, in deciding whether to halt value of the assets comprising the Nasdaq Stock Market to survey and trading or conduct a delayed opening in securities portion of a Portfolio Deposit. segregate the index administration staff PDRs, in general, and Trust shares, in and all the other staff members should particular, Amex represents that it will 53 See Amex Rule 918C(b). address concerns raised by the Nasdaq be guided by, but not necessarily bound 54 Even through PDR transactions may serve as Stock Market’s involvement in the substitutes for transactions in the cash market, and to, relevant stock index option trading possibly make the order flow in individual stocks management of the Nasdaq-100 Index. rules. These rules would permit Amex, smaller than would otherwise be the case, the (g) Stop and Stop Limit Orders when determining whether to halt Commission acknowledges that during turbulent trading of Trust shares, to consider, market conditions the ability of large institutions to As noted above, Amex Rule 154, redeem or create PDRs could conceivably have an Commentary .04(c) provides that stop among other things, the extent to which impact on price levels in the cash market. In trading is not occurring in stocks particular, if a PDR is redeemed, the resulting long and stop limit orders to buy or sell a stock position could be sold into the market, security (other than an option, which is 49 See Amex Rule 1002(b). thereby depressing stock prices further. The covered by Amex Rule 950(f) and Commission notes, however, that the redemption or 50 See Amex Rule 1002(b)(iii). creation of PDRs likely will not exacerbate a price Commentary thereto) the price of which 51 The Commission believes that any restrictions movement because PDRs will be subject to the is derivatively priced based upon that change the Trust shares’ fundamental equity margin requirements of 50% and PDRs are another security or index of securities, characteristics should raise concerns under the non-leveraged instruments. In addition, as noted may with the prior approval of a Floor delisting criteria. In such a case, the Amex should above, during turbulent market conditions, the determine whether continued listing as a Trust Commission believes PDRs, including SPDRs, Official, be elected by a quotation, as set share is appropriate. MidCap SPDRs, DIAMONDS and Trust shares, in forth in Commentary .04(c)(i–v). The 52 In addition, for PDRs tied to an Index, the particular, will serve as a vehicle to accommodate Exchange has designated PDRs (Trust triggering of futures price limits for index futures and ‘‘bundle’’ order flow that otherwise would flow shares are PDRs), as eligible for this contracts such as Nasdaq-100 Index futures, will to the cash market, thereby allowing the order flow not, in itself, require a halt in trading of Trust shares to be handled more efficiently and effectively. treatment. The Commission believes or a delayed opening. However, the Exchange could Accordingly, although Trust shares, like any other that to allow stop and stop limit orders consider such an event, along with other factors, PDR, could, in certain circumstances, have an in PDRs to be elected by quotation, a such as a halt in Nasdaq-100 or other broad based impact on the cash market, on balance we believe rule typically used in the options index options trading, in deciding whether to halt the product will be beneficial to the marketplace trading in Trust shares or other index-based and can actually aid in maintaining orderly context, is appropriate because, as a derivative securities. markets. result of their derivative nature, Trust

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11519 shares are in effect equity securities that proposed rule change between the Secretary, Amex, and at the have a pricing and trading relationship Commission and any person, other than Commission. to the underlying securities similar to those that may be withheld from the II. Self-Regulatory Organization’s the relationship between options and public in accordance with the Statement of the Purpose of, and their underlying securities. provisions of 5 U.S.C. 552, will be Statutory Basis for, the Proposed Rule (h) Accelerated Approval of available for inspection and copying at Change Amendment Nos. 3 and 4 the Commission’s Public Reference Room. Copies of the filing will also be In its filing with the Commission, the The Commission finds good cause to available for inspection and copying at Amex included statements concerning approve Amendment Nos. 3 and 4 to the the principal office of the Exchange. All the purpose of and basis for the proposed rule change prior to the submissions should refer to File No. proposed rule change and discussed any thirtieth day after the date of SR–Amex–98–34 and should be comments it received on the proposed publication of notice of filing thereof in submitted by March 24, 1999. rule change. The text of these statements the Federal Register. Specifically, may be examined at the places specified Amendment No. 3 strengthens the IV. Conclusion in Item IV below. The Amex has proposed rule change and may prevent It is therefore ordered, pursuant to prepared summaries, set forth in manipulative acts and practices by Section 19(b)(2) of the Act,59 that the sections A, B, and C below, of the most providing for a method of disseminating proposed rule change (SR–Amex–98– significant aspects of such statements. the Value of the Nasdaq-100 Trust 34), as amended, is approved. A. Self-Regulatory Organization’s Shares on a real-time basis.55 Given the For the Commission, by the Division of Statement of the Purpose of, and the real-time dissemination of the Value of Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule the Nasdaq-100 Trust Shares, the authority.60 Change Commission believes that investors will Margaret H. McFarland, be able to more closely tracks the actual Deputy Secretary. 1. Purpose value of the Nasdaq-100 Trust on a per [FR Doc. 99–5718 Filed 3–8–99; 8:45 am] On December 19, 1998, the Amex share basis. BILLING CODE 8010±01±M submitted a proposal to trade options on In Amendment No. 4, the Exchange the Internet Commerce Index (the proposes Rule 1006, a disclaimer of ‘‘Index’’). The proposal became effective liability provision substantially similar SECURITIES AND EXCHANGE upon filing pursuant to Section to other disclaimers adopted by the COMMISSION 19(b)(3)(A) of the Act 2 and Rule 19b– Exchange for PDRs and index options 4(c)(3) thereunder 3 because the Index 56 products. The Commission notes that [Release No. 34±41107; File No. SR±Amex± met the listing criteria applicable to proposed Amex Rule 1006 concerns 99±06] narrow-based indexes set forth in issues that previously have been the Exchange Rule 901C, Commentary .02.4 subject of a full comment period Self-Regulatory Organizations; Notice Thereafter, on February 4, 1999, the 57 pursuant to Section 19(b) of the Act. of Filing and Immediate Effectiveness Exchange submitted a proposal The Commission does not believe that of Proposed Rule Change by the pursuant to Section 19(b)(3)(A) of the proposed Amex Rule 1006 raises any American Stock Exchange LLC to Act 5 and Rule 19b–4(e)(1) thereunder 6 new regulatory issues. Accordingly, the Include the TheStreet.com, Inc. in the changing the name of the Internet Commission believes that there is good Disclaimer Provisions of Amex Rule Commerce Index to TheStreet.com E- cause, consistent with Section 6(b)(5) 902C commerce Index. and 19(b) of the Act,58 to approve February 25, 1999. The Amex now proposes to amend Amendment Nos. 3 and 4 to the Amex Rule 902C to include Pursuant to Section 19(b)(1) of the proposal on an accelerated basis. TheStreet.com, Inc. in the disclaimer Securities Exchange Act of 1934 Interested persons are invited to provisions of that Rule. Similar to other (‘‘Act’’),1 notice is hereby given that on submit written data, views and financial news vendors, TheStreet.com, February 4, 1999, the American Stock arguments concerning Amendment Nos. Inc. is in the business of preparing and Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) 3 and 4, including whether the publishing editorial, evaluation and filed with the Securities and Exchange proposed rule change is consistent with analysis reports, and news services Commission (‘‘Commission’’) the the Act. Persons making written related to the business of financial news proposed rule change as described in submissions should file six copies and information which are available in Items I, II, and III below, which Items thereof with the Secretary, Securities the commercial marketplace through have been prepared by the Amex. The and Exchange Commission, 450 Fifth various facilities, such as TheStreet.com Commission is publishing this notice to Street, NW., Washington, DC 20549. Web site on the portion of the Internet solicit comments on the proposed rule Copies of the submission, all subsequent referred to as the World Wide Web change from interested persons. amendments, all written statements located at the uniform resource locator with respect to the proposed rule I. Self-Regulatory Organization’s (‘‘URL’’) address designated at http:// change that are filed with the Statement of the Terms of Substance of www.thestreet.com. Commission, and all written the Proposed Rule Change TheStreet.com, Inc. will have no communications relating to the control over the Index value’s The Exchange seeks to amend Amex dissemination. Accordingly, the 55 Rule 902C to include the TheStreet.com, See description section. Exchange believes that it is appropriate 56 See Amex Rules 1004, 1005, and 902C. To the Inc. in the disclaimer provisions of that extent that proposed Amex Rule 1006 differs from Rule. The text of the proposed rule 2 15 U.S.C. 78s(b)(3)(A). Amex Rules 1004 and 1005, the Commission change is available at the Office of the encourages the Exchange to amend Amex Rules 3 17 CFR 240.19b–4(c)(3). 1004 and 1005 to make them consistent with Amex 4 Securities Exchange Act Release No. 40955 Rule 1006. 59 15 U.S.C. 78s(b)(2). (January 19, 1999), 64 FR 3727 (January 25, 1999). 57 15 U.S.C. 78s(b). 60 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78s(b)(3)(A). 58 15 U.S.C. 78f(b) and 78s(b). 1 15 U.S.C. 78s(b)(1). 6 17 CFR 240.19b–4(e)(1).

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11520 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices to include TheStreet.com, Inc. in the does not become operative for 30 days SECURITIES AND EXCHANGE disclaimer provisions in Amex Rule from February 4, 1999, the date on COMMISSION 902C, similar to other entities included which it was filed, and because the [Release No. 34±41124; File No. SR±Amex± in the provisions of Amex Rule 902C Exchange provided the Commission 99±04] whose names are identified with various with written notice of its intent to file indices underlying options traded on the proposed rule change at least five Self-Regulatory Organizations; Notice the Amex. Notwithstanding the change business days prior to the filing date, of Filing an Immediate Effectiveness of in the name of the Index, the Index will the proposed rule change has become Proposed Rule Change by the continue to be maintained in effective pursuant to Section 19(b)(3)(A) American Stock Exchange LLC accordance with all of the terms set of the Act and Rule 19b–4(f)(6) Revising the Weighting Methodology forth in the original proposal. The Amex thereunder. At any time within 60 days of The Inter@ctive Week Internet Index will continue to have sole discretion of the filing of the proposed rule change, with respect to all final determinations March 1, 1999. the Commission may summarily concerning adjustments to the Index Pursuant to Section 19(b)(1) of the abrogate such rule change if it appears and its components including the Securities Exchange Act of 1934 replacement of any component, to the Commission that such action is (‘‘Act’’),1 and Rule 19b–4 thereunder,2 although the Amex may, from time to necessary or appropriate in the public notice is hereby given that on February time, consult with TheStreet.com, Inc. interest, for the protection of investors, 8, 1999, the American Stock Exchange in connection with the Exchange’s or otherwise in the furtherance of the LLC (‘‘Exchange’’ or ‘‘Amex’’) filed with maintenance of the Index. purposes of the Act. the Securities and Exchange Commission (‘‘Commission’’) the IV. Solicitation of Comments 2. Basis proposed rule change as described in The Amex believes that the proposed Interested persons are invited to Items I, II, and III below, which Items rule change is consistent with Section submit written data, views and have been prepared by the Exchange. 6(b) of the Act 7 in general and furthers arguments concerning the foregoing, The Commission is publishing this the objectives of Section 6(b)(5) 8 in including whether the proposed rule notice to solicit comments on the particular in that it is designed to change is consistent with the Act. proposed rule change from interested prevent fraudulent and manipulative Persons making written submissions persons. acts and practices, to promote just and should file six copies thereof with the I. Self-Regulatory Organization’s equitable principles of trade, to foster Secretary, Securities and Exchange Statement of the Terms of Substance of cooperation and coordination with Commission, 450 Fifth Street, N.W., the Proposed Rule Change persons engaged in facilitating Washington, D.C. 20549. Copies of the transactions in securities, and to remove The Exchange seeks to revise the submission, all subsequent impediments to and perfect the weighting methodology of the mechanism of a free and open market amendments, all written statements Inter@ctive Week Internet Index and a national market system. with respect to the proposed rule (‘‘Index’’), a stock index jointly change that are filed with the developed by the Exchange and B. Self-Regulatory Organization’s Commission, and all written Inter@ctive Week, a biweekly magazine Statement on Burden on Competition communications relating to the published by Inter@ctive Enterprises The Exchange does not believe that proposed rule change between the LLC. The Index measures the the proposed rule change will impose Commission and any person, other than performance of stocks (or ADRs thereon) any burden on competition. those that may be withheld from the of companies with business directly public in accordance with the related to the internet. The Exchange’s C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be proposal would revise the Index by Statement on Comments on the available for inspection and copying in changing it from a market capitalization Proposed Rule Change Received from weighted index to a modified market Members, Participants, or Others the Commission’s Public Reference Section, in Washington, D.C. Copies of capitalization weighted index. No written comments were solicited such filing will also be available for The text of the proposed rule change is available at the Office of the or received with respect to the proposed inspection and copying at the principal Secretary, the Exchange, and at the rule change. office of the Amex. All submissions Commission. III. Date of Effectiveness of the should refer to the File No. Amex–99– Proposed Rule Change and Timing for 06 and should be submitted by March II. Self-Regulatory Organization’s Commission Action 24, 1999. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule The Amex filed the proposal as a For the Commission by the Division of Change ‘‘non-controversial’’ rule change Market Regulation, pursuant to delegated pursuant to Section 19(b)(3(A)(iii) of the authority.11 In its filing with the Commission, the Act 9 and subparagraph (f)(6) of Rule Margaret H. McFarland, Exchange included statements 19b–4 thereunder.10 Consequently, concerning the purpose of and basis for Deputy Secretary. the proposed rule change and discussed because the foregoing proposed rule [FR Doc. 99–5721 Filed 3–8–99; 8:45 am] change: (1) does not significantly affect any comments it received on the the protection of investors or the public BILLING CODE 8010±01±M proposed rule change. The text of these interest; (2) does not impose any statements may be examined at the significant burden on competition; (3) places specified in Item IV below. The Exchange has prepared summaries, set 7 15 U.S.C. 78f. forth in sections A, B, and C below, of 8 15 U.S.C. 78f(b)(5). 9 15 U.S.C. 78s(b)(3)(A)(iii). 1 15 U.S.C. 78s(b)(1). 10 17 CFR 240.19b–4(f)(6). 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11521 the most significant aspects of such In addition, the Exchange has of the Index, then all stocks having statements. represented that with the exception of weightings greater than 15% of the the modified market capitalization Index will be reduced in weight so that A. Self-Regulatory Organization’s weighting methodology, the proposal each represents 15% of the total Statement of the Purpose of, and meets all the criteria set forth in weighted value of the Index. The Statutory Basis for, the Proposed Rule Exchange Rule 901C, Commentary .02 aggregate amount by which each Change and the Commission’s order approving component stock is reduced (i.e., the 1. Purpose that rule.5 amount exceeding 15%) will be a. Index calculation. 1. Current redistributed proportionately across the In 1995, the Exchange received methodology. The Index currently is remaining component stocks that have Commission approval to list and trade calculated using a market capitalization weightings less than 15% of the total 3 options on the Index. The Index weighted methodology; specifically, the weighted value of the Index. If this currently consists of the stocks of fifty Index value is calculated by multiplying redistribution causes any other 4 companies involved in the following the primary exchange regular way last component stock to have a weighting industries: internet service providers, sale price of each component stock by that exceeds 15%, the weighting of that on-line service companies, internet tool its number of shares outstanding, component stock also will be reduced to developers, multimedia publishers, adding the sums, and dividing by the 15% of the total Index value and the networking companies, current index divisor. excess will be redistributed videoconferencing companies, 2. Proposed methodology. The proportionately across other component interactive television companies, Exchange proposes to use a modified stocks that have weightings less than software technology developers, and market capitalization weighted 15% of the total weighted value of the computer manufacturers. Each of the methodology for the Index. Similar to Index. component securities trades on the the methodology currently used, the Exhibit B to the Exchange’s proposal Exchange, the New York Stock Index value will be calculated by demonstrates that the application of Exchange, or through the facilities of the multiplying the primary exchange Rule 1 to the Index as of January 15, Nasdaq Stock Market as national market regular way last sale price of each 1999, would cause the weighting of securities. The Exchange believes that component stock by its adjusted number Cisco Systems to drop from 31.84% to options on the revised Index will of shares outstanding, adding the sums, 15%. The redistribution of the ‘‘excess’’ provide investors with a low-cost means and dividing by the current index weight of Cisco Systems (approximately to participate in the performance of the divisor. The weighting of the 16.84%) across the remaining 49 Index internet industry and an opportunity to component stocks will be based on their components with weights less than 15% hedge against the risk of investing in the market capitalizations and adjusted would cause America Online to also industry. number of shares outstanding, subject to exceed 15%. As a result, America Since the trading of options on the the following diversification Online would likewise be capped at Index began in 1995, several component requirements: (1) the weight of any 15% and its excess weight would be stocks have become more heavily single component stock may not distributed across the remaining 48 weighted due to increases in their stock account for 25% or more of the total Index components. prices. Therefore, the Exchange seeks to value of the Index; (2) the five highest B. Rule 2: Reweighting of Index due revise the weighting methodology of the component stocks in the Index may not to five largest component stocks Index from market capitalization in aggregate account for more than 50% exceeding 50% of the total Index value. weighted to modified market of the weight of the Index; and (3) the If the aggregate weight of the five largest capitalization weighted. The Exchange aggregate weight of those component component stocks (following any believes the change in weighting stocks which individually represent less necessary adjustments made according methodology will make options on the than 5% of the total value of the Index to Rule 1) is greater than 50% of the Index more attractive to investors must account for at least 50% of the total weighted value of the Index, then because the revised Index will be less total Index value. the weight of each of the five largest concentrated in relatively few To ensure these diversification stocks will be reduced proportionately component stocks. requirements are observed when the so that the aggregate weight of those five Exchange rebalances the Index each component stocks will amount to 45% 3 See Securities Exchange Act Release No. 36163 quarter (on or around the third Friday of the total weighted value of the Index. (August 29, 1995), 60 FR 45750 (September 1, in March, June, September, and The amount by which the aggregate 1995). December), the Exchange will take into weight of the five largest stocks exceeds 4 Exhibit B to the Exchange’s proposed rule account component changes and 45% will be redistributed change identifies the fifty companies making up the proportionately to those stocks which Index and lists them according to Index weighings, scheduled share adjustments and also the companies are: Cisco Systems, America Online, will adjust the weights of the are not among the five largest Sun Microsystems, Yahoo!, Amazon.com, Qwest component stocks according to the three component stocks. If because of this Communications International, Ascend ‘‘Rules’’ discussed below. The redistribution the weight of any Communications, 3Com, Level 3 Communications, component stock exceeds the lesser of At Home, eBay, Network Associates, Novell, application of the Rules yields an Newbridge Networks, Netscape Communications, adjusted share weight for the (i) 4.0%, and (ii) the scaled down Intuit, E Trade Group, QUALCOMM, CMGI, component stocks; this adjusted share weight of the fifth largest stock, then the Sterling Commerce, Inktomi Corporation, Excite, weight is used to calculate the Index. weight of that component stock will be Adobe Systems, Network Solutions, Silicon reduced to equal the lesser of 4.0% and Graphics, MindSpring Enterprises, broadcast.com, A. Rule 1: Reweighting of Index due Infoseek, Earthlink Network, USWeb, GeoCities, to single component stock exceeding the scaled down weight of the fifth Check Point Software Technologies, Cabletron 20% of the total Index value. If the largest stock. The excess weight will be Systems, Verisign, RealNetworks, PSINet, weighting of any component stock allocated to the remaining component Macromedia, CheckFree Holdings, DoubleClick, stocks until amount has been CNET, Security Dynamics, ONSALE, BroadVision, exceeds 20% of the total weighted value Pairgain Technologies, SportsLine USA, Open redistributed. Market, Harbinger, CyberCash, Spyglass, and 5 Securities Exchange Act Release No. 34157 Exhibit B to the Exchange’s proposal VocalTec Communications. (June 3, 1994), 59 FR 30062 (June 10, 1994). demonstrates that the application of

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Rule 2 to the Index as of January 15, has been approved by the Commission Circular describing the change in 1999, would cause the weightings of pursuant to Section 19(b)(2) of the Act.6 weighting methodology and other Cisco Systems and America Online to 4. Index split. The initial value of the relevant information concerning the each drop from 15% to 12.67%, the revised Index will be set at revised Index. weighting of Sun Microsystems would approximately 1⁄3 the value of the c. Compliance with Commission’s drop from 9.69% to 8.19%, the market capitalization version of the previous approval order. With the weighting of Yahoo! would drop from Index at that time (i.e., the Exchange exception of the revisions set forth 7.93% to 6.70%, and the weighting of will split the Index 3:1 when options on above, the Exchange does not seek to Amazon.com would drop from 5.63% to the revised Index are introduced). alter or amend any term or condition of 4.76%. The second element of Rule 2 Similar to other stock index values the previous Commission order that would cause the weightings of Qwest published by the Exchange, the value of approved the listing and trading of Communications International, Ascend the revised Index will be calculated options on the Index. Specifically, the Communications, 3Com, and Level 3 continuously and disseminated every 15 Exchange represents that the revised Communications to each change to seconds over the Consolidated Tape Index and all Exchange-listed option 4.00%. Association’s Network B. contracts on the revised Index shall C. Rule 3: Reweighting of Index if 5. Calculation and maintenance of continue to comply with the more than 45% of the total Index value Index. Like the current version, the requirements and conditions in the is comprised of stocks with weightings revised Index will be calculated and Commission’s previous approval order, greater than 4.5%. If the aggregate maintained by the Exchange. A including for example, the requirements weight of stocks having weightings of committee consisting of two set forth under the headings: (i) more than 4.5% of the total weighted representatives from the Exchange, two Eligibility Standards for Index value of the Index (i.e., the ‘‘Large representatives from Inter@ctive Week, Components, (ii) Maintenance of the Stocks’’) is greater than 45% of the total and one representative from the internet Index, (iii) Expiration and Settlement, Index value, then the weight of those industry will be available to advise the and (iv) Exchange Rules Applicable to component stocks will be scaled down Exchange when, pursuant to Exchange Stock Index Options. proportionately to represent in aggregate Rule 901C(b), the Exchange substitutes 2. Statutory Basis 40% of the total weighted value of the stocks, or adjusts the number of stocks Index. The amount by which these included in the Index, based on The Exchange believes the proposed Large Stocks in aggregate exceed 40% changing conditions in the internet rule change is consistent with Section will be redistributed proportionately to industry or in the event of certain types 6(b) of the Act,7 in general, and furthers those stocks having weightings less than of corporate actions such as a merger or the objectives of Section 6(b)(5),8 in 4.5% of the total Index value. If because takeover which warrant the removal of particular, in that it is designed to a component stock from the Index. The of this redistribution the weight of any prevent fraudulent and manipulative Exchange anticipates that the committee component stock exceeds the lesser of acts and practices, promote just and will meet on a quarterly basis to review (i) the weight of the smallest Large equitable principles of trade, foster possible candidates for removal from or Stock, and (ii) 4.5%, then the weight of cooperation and coordination with inclusion in the Index, which will be that component stock will be set to persons engaged in facilitating publicly announced as far in advance of equal the lesser of the weight of the transactions in securities, and remove the occurrence as practicable. In smallest Large Stock and 4.5%. The impediments to and perfect the selecting stocks to be included in the excess weight will be allocated to the mechanism of a free and open market Index, the Exchange, in conjunction remaining component stocks until the and a national market system. with the committee, will be guided by entire amount has been redistributed. a number of factors including market B. Self-Regulatory Organization’s Because the component stocks having value of outstanding shares, trading Statement on Burden on Competition weightings of more than 4.5% do not in activity, and the criteria in Exchange The Exchange does not believe the the aggregate represent more than 45% Rule 901C, Commentary .02. of the total weighted value of the Index, proposed rule change will impose any b. Phase-out of option contracts based burden on competition. Rule 3 is not applicable. Therefore, as of on existing capitalization weighted January 15, 1999, the weightings of all index. Upon issuance of a release C. Self-Regulatory Organization’s component stocks would remain regarding this proposed rule change, the Statement on Comments on the unchanged from the weightings derived Exchange will provide for the phase-out Proposed Rule Change Received from from Rule 2. of all outstanding option contracts based Members, Participants or Others 3. Compliance with maintenance on the existing market capitalization The Exchange did not solicit or criteria. Exchange Rule 901C, weighted version of the Index. In receive written comments with respect Commentary .01, which requires that at particular, the Exchange will assign a to the proposed rule change. least 90% of the subject index’s new symbol to all outstanding Index numerical value be accounted for by option series and will prohibit the III. Date of Effectiveness of the stocks that meet the criteria and opening of any additional new series Proposed Rule Change and Timing for guidelines set forth in Exchange Rule that are based on the market Commission Action 915, will continue to apply to the capitalization weighted version of the Because the foregoing proposed rule revised Index. The Exchange shall not Index. Further, the Exchange will assign change: (1) does not significantly affect open for trading any additional option the existing symbol (IIX) to the modified the protection of investors or the public series if the Index fails to satisfy any of market capitalization weighted version interest; (2) does not impose any the maintenance criteria set forth above of the Index; this will allow the significant burden on competition; (3) unless such failure is determined by the introduction of series based on the does not become operative for 30 days Exchange not to be significant and the revised version of the Index. Lastly, the from February 8, 1999, the date on Commission concurs in writing with the Exchange will issue an Information Exchange’s determination, or unless the 7 15 U.S.C. 78f(b). continued listing of the Index option 6 15 U.S.C. 78s(b)(2). 8 15 U.S.C. 78f(b)(5).

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An OBO maintains of the Act 9 and Rule 19b–4(f)(6) Chicago Board Options Exchange, the limit order book in each options thereunder.10 At any time within 60 Inc.; Order Approving Proposed Rule class, and generally only limit orders away from the current market price may days of the filing of the proposed rule Change and Notice of Filing and Order be placed with an OBO. Orders in change, the Commission may summarily Granting Accelerated Approval of which any CBOE member or another abrogate such rule change if it appears Amendment No. 1 to Proposed Rule Change Relating to Order Book Rates broker-dealer has an interest may not be to the Commission that such action is and Floor Brokerage Subsidies placed with an OBO. Orders that cannot necessary or appropriate in the public be placed with an OBO can be routed interest, for the protection of investors, February 26, 1999. through CBOE’s order routing system to or otherwise in furtherance of the I. Introduction the floor terminal of an SFB. Other purposes of the Act. exchanges, such as the American Stock On July 27, 1998, the Chicago Board IV. Solicitation of Comments Exchange, have a specialist system that Options Exchange, Inc. (‘‘CBOE’’ or is akin to CBOE’s DPM system. Unlike Interested persons are invited to ‘‘Exchange’’) filed with the Securities CBOE’s market-maker crowds, DPMs submit written data, views, and and Exchange Commission (‘‘SEC’’ or and specialists can serve both the arguments concerning the foregoing, ‘‘Commission’’), pursuant to Section agency and principal functions. 19(b)(1) of the Securities Exchange Act including whether the proposed rule As a result of the differences between of 1934 (‘‘Act’’) 1 and Rule 19b–4 2 change is consistent with the Act. competing market-maker crowds and thereunder, a proposal to allow CBOE specialist systems, the OBO’s rates at Persons making written submissions market-makers in a trading crowd to CBOE compete with rates charged by should file six copies thereof with the subsidize the limit order book rate and specialists with respect to orders that Secretary, Securities and Exchange the activity of stationary floor brokers can be placed with an OBO, and the Commission, 450 Fifth Street, NW, who represent orders in that crowd. The SFB’s rates at CBOE compete with the Washington, DC 20549. Copies of the proposed rule change was published for rates of specialists with respect to most submission, all subsequent comment in the Federal Register on other agency orders. CBOE contends amendments, all written statements September 16, 1998.3 The Commission that specialists can reduce their with respect to the proposed rule received one comment letter on the brokerage rates to attract order flow and change that are filed with the proposal.4 can offset such reductions through Commission, and all written On February 26, 1999, CBOE filed revenue they earn from the principal communications relating to the Amendment No. 1 to the proposed rule part of their business. Because CBOE’s proposed rule change between the change.5 This notice and order approves market-makers (which cannot represent Commission and any persons, other the proposed rule change, as amended, agency orders) and SFBs (which do not than those that may be withheld from and seeks comments from interested have a proprietary business) lack the the public in accordance with the persons on Amendment No. 1 to the flexibility over pricing enjoyed by provisions of 5 U.S.C. 552, will be proposal. specialists, CBOE developed the current proposal to allow CBOE and its member available for inspection and copying in II. Description of the Proposal the Commission’s Public Reference firms to better compete with other Section, 450 Fifth Street, NW, A. Background exchanges in floor brokerage and order book rates. Washington, DC 20549. Copies of such Many options traded on CBOE are filing will also be available for traded in crowds where the quotes are B. General Description of the Proposal inspection and copying at the principal established by competing market- The Exchange is proposing a new office of the Exchanger. All submissions Rule 2.40 that would allow the should refer to File No. SR–Amex–99– 1 15 U.S.C. 78s(b)(1). Exchange to impose a fee on market- 4 and should be submitted by March 24, 2 17 CFR 240.19b–4. makers (‘‘Surcharge’’) for contracts 1999. 3 Securities Exchange Act Release No. 40419 traded by market-makers in a particular (September 9, 1998), 63 FR 49619. For the Commission, by the Division of 4 option class. This fee, not to exceed Comment Letter, from the United States 7 Market Regulation, pursuant to delegated Department of Justice, dated October 21, 1998 $0.25 per contract, will be collected by authority.11 (‘‘DOJ Letter’’). CBOE submitted a letter responding to the DOJ Letter. See letter from William Brodsky, 6 Other options on CBOE are traded in a Margaret H. McFarland, Chairman, CBOE, to Richard Lindsey, Director, Designated Primary Market-Maker (‘‘DPM’’) system. Deputy Secretary. Division of Market Regulation (‘‘Division’’), SEC, The DPM functions in approved classes of options dated December 17, 1998 (‘‘CBOE Response [FR Doc. 99–5722 Filed 3–8–99; 8:45 am] as a market-maker, floor broker, and in the place of Letter’’). the Order Book Official (‘‘OBO’’). See CBOE Rules BILLING CODE 8010±01±M 5 See letter from Timothy Thompson, Director— Chapter VIII, Section C: Modified Trading System. Regulatory Affairs, to Michael Walinskas, Deputy This proposal does not apply to DPM option Associate Director, Division, SEC, dated February classes. See Amendment No. 1, supra note 5. 26, 1999 (‘‘Amendment No. 1’’). Among other 7 See Amendment No. 1, supra note 5. Bids and things, in Amendment No. 1 CBOE proposes to cap offers in options series trading below $3 are the Market-Maker Surcharge at $0.25 per contract, expressed in sixteenths of a dollar, i.e. $0.0625. to grant the authority to impose the Surcharge to the Because standard options contracts have a appropriate Floor Procedure Committee rather than multiplier of 100 (i.e., they represent interest in 100 9 15 U.S.C. 78s(b)(3)(A). to the Resident Market-Makers as was originally- shares of the underlying security), the value of the 10 17 CFR 240.19b–4(f)(6). proposed, and to operate the proposal as a pilot minimum spread between any option contract 11 17 CFR 200.30–3(a)(12). program through March 31, 2000. Continued

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the Exchange and will be used for two (‘‘Committee’’),11 under authority Committee will notify CBOE’s Board at purposes. First, it will be used to delegated to it by CBOE’s Board of the meeting following the reimburse the Exchange to the extent Directors, will determine the option determination.17 Any Surcharge to be the OBO brokerage rate is reduced if classes for which the Surcharge would paid by the market-makers would be in such reduction is based upon a be assessed as well as what that effect for at least one month to avoid recommendation of the Resident Surcharge, if any, will be.12 Any disrupting normal Exchange billing and Market-Makers.8 Any remaining amount Resident Market-Maker can recommend accounting procedures. a Surcharge amount. All Resident of the Surcharge collected will then be D. Disclosure Requirements paid to SFBs 9 to induce them to reduce Market-Makers then vote on the the brokerage rates they charge their recommended amounts of the Proposed Rule 2.40(h) requires that customers, which are primarily other Surcharge, with each person having an SFBs disclose to their customers any broker-dealers representing customer equal vote.13 Any amount that receives Surcharge they receive. This disclosure orders as agent.10 Therefore, the a majority of the votes is the Surcharge will be akin to that required under proposed Surcharge would allow CBOE amount that is recommended to the Exchange Act Rule 10b–10 regarding 18 to compete with other exchanges in two Committee, which then decides the payment for order flow. respects: (1) based on the respective fee actual Surcharge. In reaching its III. Summary of Comment and CBOE each exchange charges a firm to place an decision, the Committee must consider Response order on the limit order book, and (2) by the vote of the Resident Market-Makers anticipated reductions in fees SFBs and the views of any market-maker in A. DOJ Comment charge their customers to place orders favor of or opposed to the recommended As discussed, the Commission with them. Surcharge.14 The Committee is not received one comment on the proposal, bound, however, to follow the Resident from the Department of Justice C. How the Surcharge Will be Market Makers’ recommendation. The (‘‘DOJ’’).19 DOJ urged that the proposed Determined Committee is free to impose a different rule not be approved until the Exchange Under proposed Rule 2.40, the Surcharge than the one recommended or has adequately explained why the Appropriate Floor Procedure Committee to impose no Surcharge at all.15 Any proposal will not adversely affect market-maker may appeal the decision competition and until the Exchange has listed on the Exchange would be $6.25 ($0.0625 of the Committee to the Exchange’s provided a fuller explanation of how the times 100). Options priced over $3 have a minimum Appeals Committee pursuant to Chapter proposal will promote competition spread of one eighth of a dollar ($12.50 value for XIX of CBOE’s Rules. The Surcharge between it and other exchanges. the minimum spread). Thus, the 25-cent cap on the Surcharge will ensure that it remains far below the will remain in effect until the appeal Specifically, DOJ objected to allowing minimum quote increment for options traded on has been decided. market-makers to agree on matters that CBOE. Once the Committee determines to could affect the public pays.20 DOJ was 8 The proposal defines a ‘‘Resident Market- implement a Surcharge and change the also concerned about the possibility that Maker’’ as someone who transacted at least 80% of OBO fee, it will file a rule proposal with his market-maker contracts in option classes traded the Surcharge may increase pressure on in the trading crowd in the prior calendar month. the SEC pursuant to Section 19(b)(3)(A) market-makers to increase their spreads If the Exchange decides on its own initiative to under the Act.16 After determining to to finance the Surcharge, thus reduce the OBO rate for a particular option class, impose or amend a Surcharge, the increasing consumer costs. DOJ then the Surcharge would not be used to reimburse contended that the risk of an adverse the Exchange. 11 CBOE has three Floor Procedure Committees, 9 An SFB is defined in the proposal as a floor effect could be greatest for small retail although only one, the Equity Floor Procedure broker (A) who has established a business in the market orders that are executed Committee (‘‘EFPC’’), governs equity options that trading crowd for that options class of accepting are multiply traded (i.e., those to which the automatically without intervention by and executing orders for members of registered proposal applies). Generally, the EFPC consists of the OBO or a floor broker because these broker-dealers, and (B) who transacted at least 80% 15 to 25 members who trade on the floor. The of his orders for the previous month in the trading customers may not receive any benefit Chairman of the EFPC is almost always a member crowd at which that option class is traded. from lower floor broker commissions. of CBOE’s Board of Directors. EFPC members that According to the Exchange, the definition is DOJ also noted that there was no would be impacted by the Surcharge would be designed to ensure that those floor brokers who required to recuse themselves from that vote. See guarantee that the proposal will reduce have made a commitment to the particular option Amendment No. 1, supra note 5. consumer commission costs because class and who are willing to accept orders from a 12 wide variety of market participants are the ones The proposal is limited, however, to options SFBs are under no obligation to reduce who will benefit from the subsidy. classes in competing market-maker crowds that are their commission rates under the multiply traded, and does not include DPM options 10 Generally, there is only one SFB in a trading proposed rule change. Moreover, DOJ classes. See Amendment No. 1, supra note 5. As of crowd. Where there is more than one SFB in a February 1, 1999, there were 1375 options classes argues that even if SFB’s commission trading crowd, the amount of the Surcharge traded on CBOE. Two hundred and seventy of these rates were reduced to off-floor brokers, remaining after the Exchange has been reimbursed were multiply traded at market maker stations. will be paid to the SFBs on a pro rata basis based off-floor brokers may not reduce charges 13 on the number of the Exchange’s order routing See Amendment No. 1, supra note 5. Under the to their public customers. DOJ also system (‘‘ORS’’) orders executed by each floor original proposal, the vote was to be weighted in accordance with each Resident Market-Maker’s noted that off-floor brokers would have broker. For purposes of proposed Rule 2.40, an ORS an incentive to route orders to CBOE Order is an order that is sent over ORS and given percentage of the contracts traded in the relevant an ORS identification number, and that is not an options class during the six calendar months prior order of the firm for whom the SFB acts as a to the month in which the vote is taken. 17 Id. nominee or for whom the SFB has registered his 14 The Committee must give notice of its meeting 18 Id. membership. Non-ORS orders—such as spreads, schedule for the consideration of the Surcharge and 19 See DOJ Letter, supra note 4. large telephone orders, and complex or contingent the deadline for the submission of other materials 20 DOJ was also concerned about the fact that orders—are excluded from the proposal because for its consideration. Resident Market-Maker’s vote was to be weighted they require a higher level of service and thus are 15 The Committee may delegate responsibility for by market share, thus creating an opportunity for not as price sensitive as ORS orders. In addition, reviewing submitted materials and to review other market-makers with substantial order flow to set the the Exchange determined not to allow ORS orders positions to a Sub-Committee. The full Committee, Surcharge that competing market-makers must also executed by an SFB on behalf of the firm for whom however, makes the final decision regarding pay. The Commission notes that under the proposal the SFB is a nominee or for whom he has registered whether the fee should be imposed and the amount, as amended each Resident Market-Maker would his membership because these orders will be if any, of the Surcharge or any changes in the have an equal vote in determining whether to executed by the SFB by virtue of the relationship Surcharge. impose a Surcharge and the amount of the rather than the brokerage rate charged. 16 See Amendment No. 1, supra note 5. Surcharge. See Amendment No. 1, supra note 5.

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices 11525 because of reduced commissions, thus no worse than the CBOE bid/offer that 6(b)(5).26 That section provides that the creating a form of ‘‘payment for order was available at the time the order was rules of a national securities exchange flow’’ and harming customers because kicked out, even if the CBOE market must be designed, among other things, the customers could receive a better moves against the price in the interim.23 to facilitate transactions in securities execution if orders are routed According to CBOE, in most instances, and to remove impediments to and elsewhere. the trading crowd will fill the order at perfect the mechanism of a free and a price equal to or better than the better open market and a national market B. CBOE’s Response bid or offer displayed in the other system and in general to protect In its Response Letter, CBOE first market. How this will be accomplished investors and the public interest. It also explained in greater detail its market- varies from crowd to crowd. Some provides that the rules of an exchange maker system, how it differs from the crowds may attempt to ascertain not be designed to permit unfair specialist systems employed at other whether the other quote is in fact discrimination between customers, options exchanges, and the reasons for available and will fill the order at the issuers, brokers or dealers. Moreover, the proposal.21 CBOE argued generally better price if it is available. Other the Commission believes that the that the proposal would enable the trading crowds may fill the order at the proposal, as amended, is consistent with Exchange and its members to compete better price and attempt to trade against Section 3(f) under the Act.27 That better with other options exchanges the other market after doing so. provision states that: ‘‘Whenever without creating an adverse competitive pursuant to [the Act] the Commission is effect. 3. No Benefit to Public Customers engaged in . . . the review of a rule of CBOE acknowledged that customers a self-regulatory organization, and is 1. Widening of Spreads may not benefit even if the SFBs required to consider or determine COBE argued that the widening of reduced their rates because they may whether an action is necessary or spreads as a result of pressure on decide to keep the savings for appropriate in the public interest, the market-makers to finance the Surcharge themselves. The Exchange noted, Commission shall also consider, in is extremely unlikely for a number of however, that, although the proposal addition to the protection of investors, reasons. First, since the purpose of the would not require SFBs to pass savings whether the action will promote proposal is to attract order flow by on to customers, customers would be in efficiency, competition, and capital providing brokerage rates competitive a better position to negotiate for lower formation.’’ with other exchanges, it would be commissions if their firm’s costs were A. Competitive Issues contrary to each market-maker’s own reduced. economic interest to widen its spreads The Commission believes that the and thereby risk losing order flow. 4. Payment for Order Flow proposed rule change, as amended, is a Second, CBOE argued that the In response to DOJ’s argument that the reasonable effort by CBOE to better Surcharge amount, expected to be $0.10 proposal could be considered a payment enable its competitive market-maker per contract or less, was not great for order flow, CBOE contended that crowds to compete for multiply listed enough to force market-makers to widen orders would not be sent to it when options with other exchanges that their spreads.22 Third, CBOE noted that better executions are available employ a specialist system. While there is no evidence to suggest that elsewhere because of the best execution transaction charges are not the only spreads have widened when specialists obligations of brokers and market- means of competition among exchanges, at other exchanges lower their brokerage makers. In addition, CBOE suggested they are an important area for feeds. that RAES and other similar systems are distinguishing between the mix of prices and services offered by the 2. Effect on Retail Orders designed to ensure that orders are sent to the market that can provide best competing options markets. As a result, CBOE argued that retail orders would execution.24 In any event, CBOE argues the Commission believes that by not be adversely affected by the that payment for order flow is not potentially lowering the execution costs proposal. According to the Exchange, improper as long as there is adequate on CBOE, the proposal should help to these orders are automatically executed disclosure.25 promote interexchange competition. by its Retail Automatic Execution Although there is no guarantee that System (‘‘RAES’’) at the best bid or offer IV. Discussion public customers will ultimately benefit (‘‘BBO’’) then existing on CBOE. The Commission finds that the from the reduction in brokerage rates as However, if that bid of offer is inferior proposed rule change, as amended, is a result of the Surcharge, the to the current quote on another consistent with the requirements of the Commission believes that CBOE intends exchange, RAES automatically executes Act and the rules and regulations under for the proposal to have that effect. This the order at the better quote on the other the Act that apply to a national is not to say that the proposal could not exchange if it is one tick better than securities exchange, and, in particular, have unintended collateral effects. CBOE’s BBO. If the other market’s quote with the requirements of Section One potential adverse collateral effect is more than one tick better, the order could be that CBOE market-makers that will not be automatically executed by 23 See Amendment No. 1, supra note 5. favored the Surcharge could use the fee RAES. Instead, it will be ‘‘kicked out’’ 24 For example, as discussed above, RAES will as a competitive weapon to drive of RAES and the market-maker will automatically execute at the other market’s quote if smaller market-makers out of a it is one tick better than CBOE’s best bid or offer. particular trading crowd. The attempt to obtain the superior price If the other market’s quote is more than one tick quoted in the other market for that better, then the order will be handled manually. Commission believes that the proposal order. According to CBOE, under The Commission notes that currently no options has been amended in a way that should normal trading conditions ‘‘kicked out’’ exchange system (including CBOE’s RAES) re- significantly reduce the likelihood that orders are almost always filled at a price routes orders to another market showing the best the proposal will have such an bid or offer. unintended effect. In this regard, the 25 In Amendment No. 1, CBOE added a 21 See CBOE Response Letter, supra note 4. requirement that SFBs’ customers be informed 22 The Commission notes that in Amendment No. when they receive a Surcharge from CBOE market- 26 15 U.S.C. 78f(b)(5). 1, CBOE capped the Surcharge at $.25 per contract. makers. 27 15 U.S.C. 78c(f).

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Commission notes that the amendments orders.30 Thus, any broker-dealer who flow is received and a detailed made by CBOE, such as imposing a sends order flow to CBOE to benefit description of the nature of the ceiling on the Surcharge of $0.25 per itself from reduced brokerage compensation.32 The Exchange has contract, establishing equal weighting of commissions generally would be in amended the proposal to include a Resident Market-Maker votes, and violation of its duty of best execution if requirement that SFBs disclose to their resting the ultimate authority of whether the orders it represents received worse customers the payment in a manner to impose a Surcharge and the amount executions on CBOE than available at satisfactory to the Exchange and in the Committee rather than with the other exchanges. Additionally, it consistent with the broker-dealer’s Resident Market-Makers, all serve to generally would be inconsistent with a obligations under the federal securities reduce the potential for anti-competitive broker’s best execution obligations if a laws.33 The Commission believes that effects of the proposal.28 broker-dealer were automatically to requiring SFBs to provide notice to their Another possible collateral effect of route orders to the exchange with the customers (most of which are broker- the proposal would be that CBOE lowest brokerage/book rates when better dealers) that they have received a market-makers might widen spreads to options prices are available on another payment to attract their orders to CBOE make up for the costs of providing floor exchange. Consistent with best will provide those customers necessary brokers with the Surcharge First, the execution responsibilities, a broker- information with regard to the Commission notes generally that dealer generally should only consider Surcharge arrangement. In turn, those options market-makers are required to routing orders to one exchange over customers may use the information to establish quote ranges that promote fair another based on reduced brokerage/ negotiate better commissions from the and orderly markets. Artificially wide book rates under two circumstances: (1) SFB or to take other appropriate action. quote spreads are inconsistent with that where competing exchanges offer requirement.29 In addition, competition identical prices; or (2) where the C. Exchange and Continued for order flow among competing market- reduced brokerage/book rates will be Commission Oversight makers as well as between those firms passed on to the broker-dealer’s Under the proposal, as amended, the and specialists on other markets serves customers to an extent that compensates Appropriate Procedure Committee, to narrow quote spreads. The for otherwise inferior execution. The pursuant to authority delegated to it by Commission does not believe that there Commission anticipates that CBOE will the Exchange, rather than the market- is anything particularly unique in the continue vigilantly to enforce the maker crowd,34 would determine current proposal that would make it applicable best execution duties of its whether to impose the Surcharge and, if more likely that a market-maker would member firms generally and with so, its amount.35 Although under the widen spreads. The same potential respect to this proposal. proposal the Committee must consider concern is present under existing Although, for the reasons discussed the result of the vote of the Resident specialist systems. Theoretically, above, the Commission believes it is Market-Makers in reaching its decision, options specialists could, without unlikely that the proposal would have it must also consider the views of any regulatory approval, eliminate their the unintended result of widening market-maker opposing the Surcharge or transaction and limit order book fees, or spreads on CBOE, in an abundance of favoring a different amount.36 Thus, pay for order flow, and subsidize such caution, the Commission is asking under the revised proposal, the Resident activities by widening their quote CBOE to gather and analyze data to Market-Makers play only an advisory spreads. Under CBOE’s proposal, on the permit comparisons of spreads on CBOE role, while the Committee has the final other hand, the Exchange (under SEC before and after a Surcharge is decision-making authority.37 Although, oversight) is accountable for the implemented. Should these under the proposal, the Exchange would Surcharge. comparisons suggest that the proposal is narrowly delegate authority to the Additionally, the best execution having such an unintended obligations of the upstairs order routing consequence, the Commission would 32 See Exchange Act Release No. 34902 (October firms should reduce the likelihood that weigh that as a factor in determining 27, 1994), 59 FR 55006 (November 2, 1994) spreads will be widened by requiring whether the proposal should be (adopting amendments to Exchange Act Rules 10b– that those firms direct order flow to the 10 and 11Ac1–3). At the same time, the approved permanently. Commission proposed for comment whether these markets that are disseminating superior B. Payment for Order Flow Issues disclosure requirements should apply to the options quotes. The duty of best execution market. See Exchange Act Release No. 34903 requires a broker-dealer to seek the most The Commission acknowledges that (October 27, 1994), 59 FR 55014 (November 2, favorable terms reasonably available the Surcharge, which is intended to 1994). The Commission has yet to adopt such under the circumstances for a attract order flow to CBOE, could be requirements. 33 See Amendment No. 1, supra note 5. customer’s transaction. A broker-dealer considered a form of ‘‘payment for order 34 CBOE has also amended the vote weighting routing orders for automated execution flow.’’ The practice of paying for order provision so that each Resident Market-Maker vote would need to assess periodically the flow has generated much debate and is now weighted equally. See Amendment No. 1, quality of competing markets to assure controversy in the past.31 The supra note 5. that aggregated order flow was directed Commission ultimately decided not to 35 After the Surcharge and OBO rates are determined or any changes are made to them, the to markets providing the most ban the practice, but instead required Committee through authority delegated by the advantageous terms for its customers’ broker-dealers to inform customers in Board will submit a rule filing to the Commission writing about their policies regarding pursuant to Section 19(b)(3)(A) of the Act before the 28 See Amendment No. 1, supra note 5. the receipt of payment for order flow, fee is implemented. See Amendment No. 1, supra note 5. 29 See, e.g., CBOE Rule 8.7(a), which states including whether payment for order ‘‘[t]ransactions of a Market-Maker should constitute 36 Any market-maker may appeal the Committee’s a course of dealing reasonably calculated to decision to the Exchange’s Appeals Committee contribute to the maintenance of a fair and orderly 30See Exchange Act Release No. 36310 pursuant to Chapter XIX of CBOE Rules. market, and no Market-Maker should enter into (September 29, 1995), 60 FR 57292 (October 10, 37 Although the Board would delegate its transactions or make bids or offers that are 1995). authority to impose a Surcharge to the Committee, inconsistent with such a course of dealings.’’ 31 See Exchange Act Release No. 33026 (October the Board itself could at any time impose such a Moreover, collusive activity by market-makers to 6, 1993), 58 FR 36262 (October 13, 1993) fee, subject, of course to CBOE’s responsibilities keep spreads artificially wide would, of course, (discussing the practice and the history of the under the Act, on its own accord or at the violate the federal securities laws. debate). suggestion of the Resident Market-Makers.

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Committee to impose a Surcharge, the provisions of 5 U.S.C. 552, will be marketable limit orders. Currently, Committee will notify the Board of any available for inspection and copying at public agency orders up to the size of such action at the Board meeting the Commission’s Public Reference the lesser of the national best bid or following the Committee’s decision to Room. Copies of such filing also will be offer (‘‘NBBO’’) or 2099 shares are impose a Surcharge.38 this notification available for inspection and copying at guaranteed. No portion of an order will ensure that the Exchange is made the principal office of the Exchange. All larger than 2099 shares is subject to the aware of the Committee’s action and submissions should refer to File No. guarantee. The Exchange proposed to give the Exchange an opportunity to SR–CBOE–98–35 and should be lower the maximum order size of its eliminate or change the fee if it decides submitted by March 24, 1999. public agency guarantee. The proposed to do so. All Surcharges would of course rule change would lower the size of the VI. Conclusion need to be filed with the Commission. public agency guarantee to the lesser of The Commission believes that these I is therefore ordered, pursuant to the NBBO or 1099 shares. The public safeguards should help to ensure that Section 19(b)(2) of the Act,39 that the agency guarantee would otherwise any Surcharge is imposed fairly and in proposed rule change (SR–CBOE–98– remain unchanged. a manner designed to promote 35) as amended is approved through The Exchange believes that its interexchange competition. Ultimately, March 31, 2000. specialists are exposed to adverse risk in such enhanced competition should For the Commission, by the Division of a more volatile trading environment due benefit the markets and investors. Market Regulation, pursuant to delegated to higher volume levels and the 40 authority. National Market System change to D. Accelerated Approval of Amendment Margaret H. McFarland, quoting and trading securities in No. 1 Deputy Secretary. increments less than 1/8th of a dollar. The Commission finds good cause to [FR Doc. 99–5719 Filed 3–8–99; 8:45 am] The Exchange believes that lowering the approve Amendment No. 1 to the BILLING CODE 8010±01±M public agency guarantee will lower the proposed rule change prior to the risk its specialists currently experience thirtieth day after the date of to a reasonable level. Additionally, the publication of notice of filing thereof in SECURITIES AND EXCHANGE Exchange represents that lowering the the Federal Register. In Amendment No. COMMISSION public agency guarantee from 2099 to 1, CBOE changed the proposal in [Release No. 34±41120; File No. SR±CSE± 1099 shares should not significantly significant ways to respond to the 98±04] impact customers since the majority of concerns raised by DOJ and Commission customer orders are less than 1000 staff. Specifically, Amendment No. 1, Self-Regulatory Organizations; shares.5 among other things, proposed to cap the Cincinnati Stock Exchange, Inc.; Order Market-Maker Surcharge at $0.25 per Approving Proposed Rule Change to III. Discussion contract, to grant the authority to Reduce its Public Agency Guarantee After careful review, the Commission impose the Surcharge to the Committee Size finds that the proposed rule change is rather than to the Resident Market- consistent with the requirements of the Makers, and to operate the proposal as February 26, 1999. Act and the rules and regulations a pilot program. Because the I. Introduction thereunder applicable to a national 6 amendment responds to the 1 securities exchange and, in particular, On October 26, 1998 the Cincinnati 7 Commission’s concerns and those of Stock Exchange, Inc. (‘‘CSE’’ or the requirements of Section 6. The DOJ, the Commission believes that it is ‘‘Exchange’’) filed with the Securities Commission believes that the proposal consistent with Sections 6(b)(5) and and Exchange Commission (‘‘SEC’’ or is consistent with the provisions of 19(b)(2) of the Act to approve ‘‘Commission’’), pursuant to Section Section 6(b)(5), in that it is designed to Amendment No. 1 to the proposal on an 19(b)(1) of the Securities Exchange Act promote just and equitable principles of accelerated basis. of 1934 (‘‘Act’’)2 and Rule 19b-4 trade, remove impediments to and perfect the mechanism of a free and V. Solicitation of Comments thereunder,3 a proposed rule change to open market and a national market Interested persons are invited to reduce the CSE public agency guarantee size. Notice of the proposal appeared in system. The Commission believes that submit written data, views, and the proposal should reduce the risk arguments concerning Amendment No. the Federal Register on January 7, 1999.4 The Commission received no experienced by the Exchange’s 1 to the rule proposal, including comments on the proposal. This order specialists without significantly whether the amendment is consistent approves the proposed rule change. affecting the proper execution of public with the Act. Persons making written agency orders. Thus, the Commission submissions should file six copies II. Description of Proposal concludes that the proposal will strike thereof with the Secretary, Securities The Exchange proposed to amend the an appropriate balance between the risk and Exchange Commission, 450 Fifth public agency guarantee in CSE Rules incurred by the Exchange’s specialists Street, N.W., Washington, D.C. 20549. 11.9(c)(v) and (n). CSE Rules 11.9(c)(v) during a volatile trading environment Copies of the submission, all subsequent and (n) provide an execution guarantee and the policy to ensure the best amendments, all written statements for public agency market and possible execution of orders for public with respect to the proposed rule investors. Therefore, the Commission change that are filed with the 39 15 U.S.C. 78s(b)(2). believes that lowering the size of the Commission, and all written 40 17 CFR 200.30–3(a)(12). communications relating to the 1 The Exchange initially filed this proposal on 5 Telephone conversation between David Colker, proposed rule change between the October 26, 1998. However, on November 12, 1998, President, CSE, and John Roeser, Attorney, Division Commission and any person, other than the Exchange filed Amendment No. 1 the substance of Market Regulation, SEC on February 25, 1999. of which was incorporated into the notice. 6 those that may be withheld from the In approving this rule, the Commission has 2 15 U.S.C. 78s(b)(1). considered the proposed rule’s impact on public in accordance with the 3 17 CFR 240.19b-4. efficiency, competition, and capital formation. 15 4 Securities Exchange Act Release No. 40843 U.S.C. 78c(f). 38 See Amendment No. 1, supra note 5. (December 28, 1998), 64 FR 1048. 7 15 U.S.C. 78f.

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For the foregoing reasons, the PTC23 EUR–SEA 0068 dated February Due Date for Answers, Conforming Commission believes that the proposed 9, 1999 Applications, or Motions to Modify rule change is consistent with the Act PTC23 EUR–SEA Fares 0015 dated Scope: March 22, 1999. and the rules and regulations January 22, 1999 Description: Application of thereunder applicable to a national PTC23 EUR–SEA Fares 0016 dated AvAtlantic Airlines, Inc., pursuant to 49 securities exchange, and, in particular, February 5, 1999 U.S.C. Section 41102 and Subpart, with Section 6(b)(5).8 r–1—001LL r–11—058b r–21— requests authority to engage in foreign It is therefore ordered, pursuant to 078g charter air transportation of persons, Section 19(b)(2) of the Act,9 that the r–2—001ss r–12—059b r–22—078i property and mail. proposed rule change (SR–CSE–98–04) r–3—002 r–13—065b r–23—078o Docket Number: OST–99–5140. is approved. r–4—014a r–14—065bb r–24— Date Filed: February 23, 1999. For the Commission, by the Division of 081bb Due Date for Answers, Conforming Market Regulation, pursuant to delegated r–5—017c r–15—068b r–25—081p Applications, or Motions to Modify authority.10 r–6—015v r–16—069b r–26—081v Scope: March 23, 1999. Margaret H. McFarland, r–7—045b r–17—071hh r–27— Description: Joint Application of Fine Deputy Secretary. 084cc Air Services Corp. and Arrow Air, Inc. [FR Doc. 99–5720 Filed 3–8–99; 8:45 am] r–8—048b r–18—071z r–28—084h pursuant to 49 U.S.C. Section 41105 and BILLING CODE 8010±01±M r–9—049b r–19—072x r–29—084jj Subpart Q, applies for approval of the r–10—055b r–20—076tt r–30— de facto transfer of the certificates and 086c other economic authorities now held by DEPARTMENT OF TRANSPORTATION Intended effective date: April 1, 1999. Arrow to Fine Corp. Dorothy W. Walker, Dorothy W. Walker, Office of the Secretary Federal Register Liaison. Federal Register Liaison. [FR Doc. 99–5745 Filed 3–8–99; 8:45 am] Aviation Proceedings, Agreements [FR Doc. 99–5746 Filed 3–8–99; 8:45 am] BILLING CODE 4910±62±P Filed During the Week Ending BILLING CODE 4910±62±P 2 February 26, 1999 The following Agreements were filed DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION with the Department of Transportation Office of the Secretary under the provisions of 49 U.S.C. Office of the Secretary Sections 412 and 414. Answers may be Notice of Applications for Certificates filed within 21 days of date of filing. Research and Special Programs of Public Convenience and Necessity Administration Docket Number: OST–99–5136 and Foreign Air Carrier Permits Filed Date Filed: February 23, 1999 Under Subpart Q During the Week Notification of Department-wide Parties: Members of the International Ending February 26, 1999 Program Evaluation of the Hazardous Air Transport Association Materials Transportation Program Subject: The following Applications for PTC2 EUR–AFR 0067 dated February Certificates of Public Convenience and AGENCY: Office of Inspector General and 19, 1999 r1 Necessity and Foreign Air Carrier Research and Special Programs PTC2 EUR–AFR 0068 dated February Permits were filed under Subpart Q of Administration (RSPA), DOT. 19, 1999 r2 the Department of Transportation’s ACTION: Notice. PTC2 EUR–AFR 0069 dated February Procedural Regulations (See 14 CFR 19, 1999 r3 302.1701 et. seq.). The due date for SUMMARY: DOT is announcing the PTC2 EUR–AFR 0070 dated February Answers, Conforming Applications, or initiation of an internal Department- 19, 1999 r4 Motions to Modify Scope are set forth wide Program Evaluation of the Europe-Africa Expedited Passenger below for each application. Following Hazardous Materials Transportation Resolutions the Answer period DOT may process the Programs (HM Program Evaluation). Intended effective date: March 15, application by expedited procedures. This DOT-wide Program Evaluation is 1999. Such procedures may consist of the being led by the department’s Office of Docket Number: OST–99–5138 adoption of a show-cause order, a Inspector General and RSPA. The Date Filed: February 23, 1999 tentative order, or in appropriate cases objectives of the HM Program Parties: Members of the International a final order without further Evaluation are to document and assess Air Transport Association proceedings. the modal hazardous materials programs Subject: Docket Number: OST–99–5133. within the Department, and determine PTC23 EUR–SEA 0065 dated Date Filed: February 22, 1999. whether these programs can be December 18, 1998 Due Date for Answers, Conforming accomplished more effectively and Europe-Southeast Asia Resolutions Applications, or Motions to Modify efficiently. The results of the ongoing r1–30 Scope: March 22, 1999. HM Program Evaluation will be reported Minutes—PTC23 EUR–SEA 0069 Description: Application of to the public in DOT’s FY 1999 Program AvAtlantic Airlines, Inc., pursuant to 49 Performance Report no later than March 8 15 U.S.C. 78f(b)(5). U.S.C. Section 41102 and Subpart Q, 31, 2000. 9 15 U.S.C. 78s(b)(2). requests authority to engage in FOR FURTHER INFORMATION CONTACT: 10 17 CFR 200.30–3(a)(12). scheduled air transportation of persons, Jackie Goff, 202–493–0326, or George

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Whitney, 202–366–4831, Co-Chairs, HM hazardous materials transportation law, protection. The analysis will address Program Evaluation Team, U.S. the program structure defined by the how effectively intervention tools are Department of Transportation; 400 delegation of authority within DOT, and applied at each point. Seventh Street SW., Washington, DC to assess program delivery. The HM 3. Presentation of findings, 20590–0001. Program Evaluation is intended to allow conclusions and recommendations to SUPPLEMENTARY INFORMATION: DOT to determine the effectiveness of the Secretary of Transportation. the current hazardous material I. Background III. Scope of the HM Program programs, including the division of Evaluation The Government Performance and responsibilities across and within Results Act (GPRA) requires agencies to modes, and the allocation of resources The scope of the HM Program develop a schedule of program dedicated to specific functions. This Evaluation will be limited to those evaluations for inclusion in their positions DOT to potentially increase activities covered by 49 CFR Parts 106 strategic plans. The Department has safety and environmental protection (Rulemaking Procedures) and 107 initiated a Department-wide Program when hazardous materials are in (Hazardous Materials Program Evaluation of the Hazardous Materials commerce. Procedures), and the Hazardous Transportation Program that was The HM Program Evaluation has two Materials Regulations (HMR), 49 CFR included in the DOT Strategic Plan objectives. First, it will document Parts 171–180, as authorized by the 1997–2002. The overall purpose of any current hazardous materials movements, Federal hazardous materials program evaluation is to provide a programs, and program delivery. transportation law to provide adequate means to objectively assess the extent to Second, it will assess the effectiveness protection against the risks to life and which a program is contributing to of the hazardous materials programs as property inherent in the transportation certain outcome goals and trends. they intervene in and affect each step in of hazardous materials in commerce. By Together with performance measures to the hazardous materials transportation definition, hazardous materials track our ongoing progress in achieving process—from packaging manufacturer transported in pipelines or bulk a goal, the results of program to destination. Each of the key elements shipment by water, such as oil or evaluations may be used as a of these objectives is enumerated below. liquefied petroleum gas tank vessels, are management tool to assist us in better A. Documentation of current not within the scope of the HM Program understanding our progress toward hazardous materials activities will Evaluation. achieving a stated goal. Building on the include: The HM Program Evaluation will list provided in the DOT Strategic Plan, 1. A description of the system of focus on cross modal issues. It will the Department has identified 30 hazardous materials movement in include a review of compliance, program evaluations in its Performance commerce and of the forecast trends in education, training, outreach activities, Plan for FY 2000. DOT’s aim is to hazardous materials transportation. regulations (including exemptions and emphasize program evaluations that: (1) 2. A description of what DOT’s approvals), and relevant aspects of represent significant DOT activities hazardous materials program is DOT’s internal rulemaking process. Also contributing to our strategic goals; (2) intended to be as required by law and included will be a determination of are cross modal in nature, or would regulation, identifying key components. whether the current HMR achieves the benefit from evaluation that is reviewed 3. A description of what occurs in stated purpose of the Federal hazardous outside any single Operating program delivery, documenting program materials transportation law. Administration; and (3) would benefit implementation as applied to the system International shipments of hazardous from Department-wide expertise and of hazardous materials movements in materials will be included to permit a assistance during planning and review. commerce. This will include an review of the International Maritime This Program Evaluation meets all three exposition of the points at which the Dangerous Goods Code (IMDG) and the of these aims. Collectively, our goal is current hazardous materials programs International Civil Aviation to produce a Program Evaluation that is intervene in the transportation of Organization’s Technical Instructions both credible and useful, meeting both hazardous materials, from packaging on the Transportation of Dangerous the letter and spirit of GPRA. manufacturer, to offeror, to carrier, to Goods by Air (ICAO), both of which are The Office of Inspector General (OIG) receiver, and how intervention tools authorized by HMR as alternative and the Research and Special Programs (regulation, education, training, standards for many of the requirements Administration (RSPA) are jointly outreach, compliance, and enforcement) in the HMR for shipments destined for leading this ‘‘ONE DOT’’ activity to are applied at each point. export or that are being imported. benefit the public and DOT. The HM B. Analysis of program intervention IV. Participation by Interested Parties Program Evaluation is staffed by 10 full- and alternatives will include: time persons, including at least one full- 1. An examination of candidate The team anticipates that a request for time person from the OIG and RSPA and measures and outcomes that would comments will be published in the each of the following Operating indicate the effectiveness of DOT’s Federal Register shortly and will serve Administrations: the United States hazardous materials program, including as the primary means to involve the Coast Guard; the Federal Aviation current performance goals and public. The request for comments will Administration; the Federal Highway measures, as well as measures which present a series of questions within the Administration; and the Federal further specify goals, or which provide scope of the HM Program Evaluation as Railroad Administration. The results of a better measure of hazardous materials described in section III of this notice. the ongoing HM Program Evaluation transportation safety. When the request for comments is will be reported to the public in DOT’s 2. A critique of the current published, interested parties should FY 1999 Program Performance Report intervention approach. The HM Program take this opportunity to respond to these no later than March 31, 2000. Evaluation will consider all of the questions, provide supporting possible intervention points, to documentation and their overall II. Purpose and Objective determine if the current approach is the observations of the Department’s The purpose of the HM Program most effective one for achieving Hazardous Materials Program. Interested Evaluation is to examine the Federal adequate safety and environmental parties will be provided an opportunity

VerDate 03-MAR-99 17:54 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\09MRN1.XXX pfrm04 PsN: 09MRN1 11530 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Notices to submit responses in writing or Agenda of Meeting DEPARTMENT OF TRANSPORTATION electronically. The comments received in response to the notice will assist in National Offshore Safety Advisory Surface Transportation Board determining areas and issues for Committee (NOSAC). The agenda indepth review. includes the following: [STB Docket No. AB±290 (Sub±No. 204X)] Issued in Washington, DC, on March 4, (1) Introduction and swearing-in of 1999. new members. Norfolk Southern Railway CompanyÐ Jackie Goff, (2) Progress report from the Abandonment ExemptionÐin Co-Chair, Hazardous Materials Prevention Through People Mecklenburg County, NC Program Evaluation Team. Subcommittee. Norfolk Southern Railway Company George Whitney, (3) Progress report from the (NS) has filed a notice of exemption Co-Chair, Hazardous Materials Subcommittee on Pipeline-Free under 49 CFR 1152 Subpart F—Exempt Anchorages for Mobile Offshore Drilling Program Evaluation Team. Abandonments to abandon 2.87 miles of Units, Liftboats and Vessels. its line of railroad between milepost R- [FR Doc. 99–5756 Filed 3–8–99; 8:45 am] O.13 and milepost R–3.0 in Charlotte, BILLING CODE 4910±60±P (4) Status report on revision of 33 CFR Subchapter ‘‘N’’, Outer Continental Mecklenburg County, NC. The line Shelf Regulations. traverses United States Postal Service Zip Codes 28209 and 28227. DEPARTMENT OF TRANSPORTATION (5) Report on the new regulations for large offshore supply vessels and NS has certified that: (1) no local Coast Guard crewboats, (supplementary 46 CFR traffic has moved over the line for at [USCG±1999±5179] Subchapter ‘‘L’’). least 2 years; (2) there has been no overhead traffic on the line during the (6) Report on issues concerning the National Offshore Safety Advisory past 2 years and any overhead traffic International Maritime Organization Committee could be rerouted over other lines; (3) (IMO) and the International no formal complaint filed by a user of AGENCY: Coast Guard, DOT. Organization of Standardization (ISO). rail service on the line (or by a state or ACTION: Notice of meetings. (7) Status report from Incident local government entity acting on behalf Reporting Subcommittee. of such user) regarding cessation of SUMMARY: The National Offshore Safety service over the line either is pending Advisory Committee (NOSAC) will meet (8) Report from Platform/Ship with the Surface Transportation Board to discuss various issues relating to Collision Avoidance Subcommittee. (Board) or with any U.S. District Court offshore safety. The meeting will be (9) MODUs—U.S. Flag to Foreign Flag or has been decided in favor of open to the public. Movement. DATES: NOSAC will meet on Thursday, complainant within the 2-year period; April 8, 1999, from 8:30 a.m. to 2:30 Procedural and (4) the requirements at 49 CFR p.m. The meeting may close early if all 1105.7 (environmental reports), 49 CFR The meeting is open to the public. 1105.8 (historic reports), 49 CFR business is finished. Written material Please note that the meeting may close and requests to make oral presentations 1105.11 (transmittal letter), 49 CFR early if all business is finished. At the 1105.12 (newspaper publication), and should reach the Coast Guard on or Chair’s discretion, members of the before March 25, 1999. Requests to have 49 CFR 1152.50(d)(1) (notice to public may make oral presentations governmental agencies) have been met. a copy of your material distributed to during the meeting. If you would like to As a condition to this exemption, any each member of the committee should make an oral presentation at the employee adversely affected by the reach the Coast Guard on or before meeting, please notify the Executive abandonment shall be protected under March 25, 1999. Director no later than March 25, 1999. Oregon Short Line R. Co.— ADDRESSES: NOSAC will meet in rooms Written material for distribution at the Abandonment—Goshen, 360 I.C.C. 91 6244–6248, of the NASSIF Building, 400 meeting should reach the Coast Guard (1979). To address whether this 7th Street, SW, Washington, DC. Send no later than March 25, 1999. If you condition adequately protects affected written material and requests to make would like a copy of your material employees, a petition for partial oral presentations to Captain R. L. distributed to each member of the revocation under 49 U.S.C. 10502(d) Skewes, Commandant (G–MSO), U.S. committee or subcommittee in advance must be filed. Provided no formal Coast Guard Headquarters, 2100 Second of the meeting, please submit 25 copies expression of intent to file an offer of Street, SW., Washington, DC 20593– to the Executive Director no later than financial assistance (OFA) has been 0001. This notice is available on the March 25, 1999. Internet at http://dms.dot.gov. received, this exemption will be FOR FURTHER INFORMATION CONTACT: For Information on Services for Individuals effective on April 8, 1999, unless stayed questions on this notice, contact Captain with Disabilities pending reconsideration. Petitions to R. L. Skewes, Executive Director of stay that do not involve environmental For information on facilities or issues,1 formal expressions of intent to NOSAC, or Mr. Jim Magill, Assistant to services for individuals with disabilities the Executive Director, telephone 202– file an OFA under 49 CFR or to request special assistance at the 267–0214, fax 202–267–4570. For meetings, contact the Executive Director questions on viewing the docket, 1 The Board will grant a stay if an informed as soon as possible. contact Dorothy Walker, Chief, Dockets, decision on environmental issues (whether raised Dated: February 22, 1999. by a party or by the Board’s Section of Department of Transportation, 202–366– Environmental Analysis in its independent 9329. Joseph J. Angelo, investigation) cannot be made before the SUPPLEMENTARY INFORMATION: Notice of Director of Standards, Marine Safety and exemption’s effective date. See Exemption of Out- Environmental Protection. of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any this meeting is given under the Federal request for a stay should be filed as soon as possible Advisory Committee Act, 5 U.S.C. App. [FR Doc. 99–5747 Filed 3–8–99; 8:45 am] so that the Board may take appropriate action before 2. BILLING CODE 4910±15±M the exemption’s effective date.

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1152.27(c)(2),2 and trail use/rail banking DEPARTMENT OF THE TREASURY Current Actions: No changes to requests under 49 CFR 1152.29 must be reporting requirements for the form are filed by March 19, 1999. Petitions to Departmental Offices; Proposed proposed at this time. reopen or requests for public use Collections; Comment Requests Type of Review: Extension. conditions under 49 CFR 1152.28 must ACTION: Notice and request for Affected Public: Business or other for- be filed by March 29, 1999, with: comments. profit organizations. Surface Transportation Board, Office of Form S (1505–0001). the Secretary, Case Control Unit, 1925 K SUMMARY: The Department of the Estimated Number of Respondents: Street, N.W., Washington, DC 20423. Treasury, as part of its continuing effort 425. A copy of any petition filed with the to reduce paperwork burdens, invites Estimated Average Time per Board should be sent to applicant’s the general public and other Federal Respondent: 5 hours per respondent per representative: James R. Paschall, agencies to comment on an information filing. General Attorney, Norfolk Southern collection that is due for renewed Estimated Total Annual Burden Corporation, Three Commercial Place, approval by the Office of Management Hours: 25,500 hours, based on 12 Norfolk, VA 23510. and Budget. The Office of Program reporting periods per year. If the verified notice contains false or Services within the Department of the Request for Comments misleading information, the exemption Treasury is soliciting comments is void ab initio. concerning Treasury International Comments submitted in response to Capital Form S, Purchases and Sales of NS has filed an environmental report this notice will be summarized and/or Long-term Securities by Foreigners. which addresses the abandonment’s included in the requests for OMB effects, if any, on the environment and DATES: Written comment should be approval. All comments will become a historic resources. The Section of received on or before May 10, 1999 to matter of public record. The public is Environmental Analysis (SEA) will be assured of consideration. invited to submit written comments issue an environmental assessment (EA) ADDRESSES: Direct all written comments concerning: whether Form S is by March 12, 1999. Interested persons to Dwight Walkow, Administrator, necessary for the proper performance of may obtain a copy of the EA by writing International Portfolio Investment Data the functions of the Office, including to SEA (Room 500, Surface Systems, Department of the Treasury, whether the information collected has Transportation Board, Washington, DC Room 5205, 1500 Pennsylvania Avenue practical uses; the accuracy of the above 20423) or by calling SEA, at (202) 565– NW, Washington, DC 20220. burden estimates; ways to enhance the 1545. Comments on environmental and FOR FURTHER INFORMATION CONTACT: quality, usefulness, and clarity of the historic preservation matters must be Requests for additional information or information to be collected; ways to filed within 15 days after the EA copies of the forms and instructions minimize the reporting and/or record becomes available to the public. should be directed to Dwight Walkow, keeping burdens on respondents, Environmental, historic preservation, Administrator, International Portfolio including the use of information public use, or trail use/rail banking Investment Data Systems, Department of technologies to automate the collection conditions will be imposed, where the Treasury, Room 5205, 1500 of the data; and estimates of capital or appropriate, in a subsequent decision. Pennsylvania Avenue NW, Washington start-up costs of operation, maintenance, DC 20220, (202) 622–1276. and purchases of services to provide Pursuant to the provisions of 49 CFR information. 1152.29(e)(2), NS shall file a notice of SUPPLEMENTARY INFORMATION: consummation with the Board to signify Title: Treasury International Capital Dwight Wolkow, that it has exercised the authority Form S. Purchases and Sales of Long- Administrator, International Portfolio granted and fully abandoned the line. If term Securities by Foreigners. Investment Data Systems. consummation has not been effected by OMB Number: 1505–0001. [FR Doc. 99–5753 Filed 3–8–99; 8:45 am] NS’s filing of a notice of consummation Abstract: Form S is part of the BILLING CODE 4810±25±M by March 9, 2000, and there are no legal Treasury International Capital (TIC) or regulatory barriers to consummation, reporting system, which is required by DEPARTMENT OF THE TREASURY the authority to abandon will law (22 USC 286f; 22 USC 3103; EO automatically expire. 10033; 31 CFR 128), and is designed to collect timely information on Customs Services Board decisions and notices are international portfolio capital available on our website at [T.D. 99±23] movements. Form S is a monthly report ‘‘WWW.STB.DOT.GOV.’’ used to cover transaction in long-term Cancellation of Customs Broker Decided: March 2, 1999. marketable securities undertaken License By the Board, David M. Konschnik, DIRECTLY with foreigners by banks, Director, Office of Proceedings. other depository institutions, brokers, AGENCY: U.S. Customs Service, Vernon A. Williams, dealers, underwriting groups and other Department of the Treasury. Secretary. individuals and institutions. This ACTION: Cancellation of License. [FR Doc. 99–5486 Filed 3–8–99; 8:45 am] information is necessary for compiling BILLING CODE 4915±00±P the U.S. balance of payments accounts, SUMMARY: Notice is hereby given that, for calculating the U.S. international pursuant to 19 CFR 111.51(a), the 2 Each offer of financial assistance must be investment position, and for use in following Customs broker licenses have accompanied by the filing fee, which currently is formulating U.S. international financial been canceled due to the death of the set at $1000. See 49 CFR 1002.2(f)(25). and monetary policies. broker.

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Name Port License No.

John S. Perroncino ...... New York ...... 5504 David Wesley Shenk ...... Los Angeles ...... 4045 Michael K. Fettkether ...... Los Angeles ...... 9391

Dated: March 3, 1999. Dated: March 3, 1999. imported from abroad for temporary Philip Metzger, Philip Metzger, exhibition without profit within the Director, Trade Compliance. Director, Trade Compliance. United States, are of cultural [FR Doc. 99–5716 Filed 3–8–99; 8:45 am] [FR Doc. 99–5717 Filed 3–8–99; 8:45 am] significance. These objects are imported BILLING CODE 4820±02±P BILLING CODE 4820±02±P pursuant to a loan agreement with the foreign lenders. I also determine that the exhibition or display of the listed DEPARTMENT OF THE TREASURY exhibit objects at the Museum of UNITED STATES INFORMATION Modern Act, New York, New York, from Customs Service AGENCY on or about April 13, 1999, to on or [T.D. 99±22] Culturally Significant Objects Imported about June 8, 1999, is in the national for Exhibition Determinations: ``Project interest. Public Notice of these Retraction of Revocation Notice 68: William Kentridge'' determinations is ordered to be published in the Federal Register. AGENCY: U.S. Customs Service, AGENCY: United States Information FOR FURTHER INFORMATION CONTACT: For Department of the Treasury. Agency. a copy of the list of exhibit objects or for ACTION: General Notice. ACTION: Notice. further informaiton, contact Paul Manning, Assistant General Counsel, SUMMARY: The following Customs broker SUMMARY: Notice is hereby given of the Office of the General Counsel, United license numbers were erroneously following determinations; Pursuant to States Information Agency, at 202/619– included in a published list of revoked the authority vested in me by the Act of 5997, or USIA, 301 4th Street, S.W., Customs brokers licenses in the Federal October 19, 1965 (79 Stat. 985, 22 U.S.C. Room 700, Washington, D.C. 20547– Register. 2459), Executive Order 12047 of March 0001. Cleopatra D. Trevilcock: 15408 27, 1978 (43 F.R. 13359, March 29, Susan DiCarlo: 11689 1978), and Delegation Order No. 85–5 of Dated: March 4, 1999. Kathleen M. Futak: 4947 June 27, 1985 (50 F.R. 27393, July 2, Les Jin, Wendy Webster: 12737 1985). I hereby determine that the General Counsel. Licenses 15408, 11689, 4957 and objects to be included in the exhibit [FR Doc. 99–5813 Filed 3–8–99; 8:45 am] 12737 are valid licenses. ‘‘Projects 68: William Kentridge,’’ BILLING CODE 8230±01±M

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Corrections Federal Register Vol. 64, No. 45

Tuesday, March 9, 1999

This section of the FEDERAL REGISTER 2. On the same page, in the same Wednesday, March 3, 1999, make the contains editorial corrections of previously column, in the 35th line, ‘‘552’’ should following corrections: published Presidential, Rule, Proposed Rule, read ‘‘551’’ and Notice documents. These corrections are § 71.1 [Corrected] prepared by the Office of the Federal § 274a.2 [Corrected] Register. Agency prepared corrections are 3. On page 6189, in the first column 1. On page 10242, in the first column, issued as signed documents and appear in in § 274a.2(b)(1)(vi)(B)(2), in the second in § 71.1, under the heading AGL OH E4 the appropriate document categories line, ‘‘Form’’ should be removed. Wilmington, OH [Revised], in the fourth elsewhere in the issue. 4. On the same page in the second line, ‘‘Lat. 39° 26′ 16′′ N.’’ should read column in § 274a.2(b)(1)(vi)(C)(1), in the ‘‘Lat. 39° 26′ 15′′ N.’’. second line ‘‘the’’ should be removed. 2. On the same page, in the same FEDERAL TRADE COMMISSION [FR Doc. C9–3021 Filed 3–8–99; 8:45 am] column, in § 71.1, under the same BILLING CODE 1505±01±D heading, in the sixth line, ‘‘Lat. 39° 26′ Agency Information Collection 47′′ N.’’ should read ‘‘Lat. 39° 25′ 47′′ Activities; Submission for OMB ° ′ ′′ Review; Comment Request N.’’, and ‘‘long. 083 48 94 W.’’ should DEPARTMENT OF TRANSPORTATION read ‘‘long. 083° 48′ 04′′ W.’’. Correction Federal Aviation Administration 3. On the same page, in the same In notice document 99–5095, column, in § 71.1, under the same beginning on page 10147, in the issue of 14 CFR Part 39 heading, in the 10th line, ‘‘4.1-mile’’ Tuesday, March 2, 1999, make the [Docket No. 98±NM±375±AD; Amendment should read ‘‘4.2-mile’’. following correction(s): 39±11060; AD 99±05±12] [FR Doc. C9–5253 Filed 3–8–99; 8:45 am] 1. On page 10149, in the first table, BILLING CODE 1505±01±D the first text entry ‘‘Fluorescent lamp RIN 2120±AA64 ballast’’ should read ‘‘Fluorescent lamp Airworthiness Directives; Boeing ballasts’’. Model 737±100, ±200, ±300, ±400, and DEPARTMENT OF TRANSPORTATION 2. On page 10150, in the first column, ±500 Series Airplanes in the second full paragraph, in the 11th Federal Aviation Administration and 12th lines, ‘‘(74,599×192)’’ should Correction read ‘‘(74,599+192)’’. In rule document 99–5042, beginning 14 CFR Part 71 [FR Doc. C9–5095 Filed 3–8–99; 8:45 am] on page 10213, in the issue of BILLING CODE 1505±01±D Wednesday, March 3, 1999, make the [Airspace Docket No. 99±AGL±16] following correction: On page 10213, in the third column, Proposed Modification of Class E DEPARTMENT OF JUSTICE in the DATES: section, in the fifth line, Airspace; Muskegon, MI Immigration and Naturalization Service ‘‘May 3’’ should read ‘‘March 18’’. [FR Doc. C9–5042 Filed 3–8–99; 8:45 am] Correction 8 CFR Part 274a BILLING CODE 1505±01±D In proposed rule document 99–5255, [INS No. 1947±98] beginning on page 10239, in the issue of Wednesday, March 3, 1999, make the RIN 1115±AE94 DEPARTMENT OF TRANSPORTATION following correction: Federal Aviation Administration Interim Designation of Acceptable § 71.1 [Corrected] Receipts for Employment Eligibility Verification 14 CFR Part 71 On page 10241, in the first column, in [Airspace Docket No. 99±AGL±14] § 71.1, under the heading AGL MI E2 Correction Muskegon, MI [Revised], in the fourth In rule document 99–3021 beginning Proposed Modification of Class D line, after ‘‘Airport’’ add ‘‘and’’. on page 6187 in the issue of Tuesday, Airspace and Class E Airspace; [FR Doc. C9–5255 Filed 3–8–99; 8:45 am] February 9, 1999, make the following Wilmington, OH BILLING CODE 1505±01±D corrections: 1. On page 6188, in the first column, Correction in the 30th line, ‘‘552’’ should read In proposed rule document 99–5253, ‘‘551’’. beginning on page 10241, in the issue of

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ENVIRONMENTAL PROTECTION mentioned rulemakings, as described in FURTHER INFORMATION CONTACT). AGENCY the remainder of this document. Comments may also be submitted DATES: The direct final rule is effective electronically by following the 40 CFR Parts 60 and 63 May 10, 1999 without further notice instructions provided in SUPPLEMENTARY INFORMATION. [AD±FRL±6301±6] unless the Agency receives relevant adverse comments by April 8, 1999. Docket. Docket numbers A–92–44 and RIN 2060±AH±47 (However, see information on the public A–92–45, containing information hearing below.) Should the Agency relevant to this Direct Final Rule, are National Emission Standards for receive such comments, it will publish available for public inspection between Hazardous Air Pollutants Emissions: a timely withdrawal informing the 8 a.m. and 5:30 p.m., Monday through Group I Polymers and Resins and public that this rule will not take effect. Friday (except for Federal holidays) at Group IV Polymers and Resins and Public Hearing. If anyone contacts the the following address: U.S. Standards of Performance for Volatile EPA requesting to speak at a public Environmental Protection Agency, Air Organic Compound (VOC) Emissions hearing by March 19, 1999, a public and Radiation Docket and Information from the Polymer Manufacturing hearing will be held in Research Center (MC–6102), 401 M Street, SW, Industry Triangle Park, North Carolina, beginning Washington, DC 20460. The docket is AGENCY: Environmental Protection at 10 a.m. on March 23, 1999. Persons located at the above address in Room Agency (EPA). interested in attending the hearing M–1500, Waterside Mall (ground floor). should call Ms. Marguerite Thweatt at Alternatively, a docket index, as well as ACTION: Direct final rule. (919) 541–5673 to verify that a hearing individual items contained within the SUMMARY: On September 5, 1996, the will be held. If a hearing is requested, docket, may be obtained by calling (202) EPA issued the National Emission written comments must be received by 260–7548 or (202) 260–7549. A Standards for Hazardous Air Pollutants April 23, 1999. reasonable fee may be charged for (NESHAP) for Group I Polymers and ADDRESSES: Written comments should copying. Resins (61 FR 46906); on September 12, be submitted (in duplicate, if possible) FOR FURTHER INFORMATION CONTACT: Mr. 1996, the EPA issued the Group IV to: Air and Radiation Docket and Robert E. Rosensteel, Organic Chemicals Polymers and Resins NESHAP (61 FR Information Center (6102), Attention Group, Emission Standards Division 48208); and on December 11, 1990, the Docket Number A–92–44 (Group I (MD–13), U.S. Environmental Protection EPA issued the Standards of Polymers and Resins) and/or Docket Agency, Research Triangle Park, North Performance for Volatile Organic Number A–92–45 (Group IV Polymers Carolina 27711, telephone number (919) Compound (VOC) Emissions from the and Resins), Room M–1500, U.S. 541–5608. Polymer Manufacturing Industry (55 FR Environmental Protection Agency, 401 SUPPLEMENTARY INFORMATION: 51035). This action revises the M Street, SW, Washington, DC 20460. promulgated rules by adding provisions, The EPA requests that a separate copy Regulated Entities correcting errors, and making of each public comment be sent to the Entities potentially regulated by this clarifications in all of the above- contact person listed below (see FOR direct final rule include:

Category Examples of regulated entities

Industry ...... Butyl Rubber, Halobutyl Rubber, Epichlorohydrin Elastomer, Ethylene Propylene Rubber, HypalonTM, Neoprene, Nitrile Butadiene Rubber, Nitrile Butadiene Latex, Polybutadiene Rubber, Styrene-Butadiene Rubber or Latex, Acrylonitrile Butadiene Styrene Resin, Styrene Acrylonitrile Resin, Methyl Methacrylate Acrylonitrile Butadiene Styrene Resin, Methyl Methacrylate Butadiene Styrene Resin, Poly(ethylene terephthalate) Resin, Polystyrene Resin, Nitrile Resin, Polypropylene and polyethylene producers

This table is not intended to be These documents can also be accessed mail. Electronic comments may be filed exhaustive, but rather provides a guide through the EPA web site at: http:// online at many Federal Depository for readers regarding entities likely to be www.epa.gov/ttn/oarpg. For further Libraries. For additional information affected by this action. To determine information and general questions concerning comments, see the parallel whether your facility is regulated by this regarding the Technology Transfer proposal action found in the Proposed direct final rule, you should carefully Network (TTN), call Mr. Hersch Rorex Rules section of this Federal Register. examine the applicability criteria in (919) 541–5637 or Mr. Phil Dickerson §§ 63.480 and 63.1310 of the (919) 541–4814. Outline promulgated rules. If you have any Electronic comments and data may be The information presented in this questions regarding the applicability of submitted by sending electronic mail (e- preamble is organized as follows: this direct final rule to a particular mail) to: a-and-r- I. Background entity, consult the person listed in the [email protected]. Submit II. Summary of and Rationale for Revisions preceding FOR FURTHER INFORMATION comments as an ASCII file, avoiding the A. Correction to Equation in § 60.564 CONTACT section. use of special characters and any form B. Modification of Compressors Electronic Access and Filing Addresses of encryption. Comments and data will C. Compliance Extension for Compressors also be accepted on diskette in Word D. Changes to the 20 ppmv Organic HAP This document, the promulgated Perfect 5.1 or 6.1 or ACSII file format. Outlet Concentration Option for Group 1 texts, and other background information Identify all comments and data in Continuous Process Vents are available in Docket Numbers A–92– electronic form by the docket numbers E. Addition of New PET Compliance 44 and A–92–45 or by request from the A–92–44 and/or A–92–45. No Options EPA’s Air and Radiation Docket and Confidential Business Information (CBI) F. Clarification of the Term ‘‘Primary Information Center (see ADDRESSES). should be submitted through electronic Condenser’’

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G. References to Test Methods for the today’s rulemaking that does not receive §§ 63.481(d)(1)(iv) and 63.1311(d)(1)(iv), Polymers and Resins I Rule adverse comment will become effective specifies another criterion to be H. Cross-reference and Grammatical on the date set out above, considered in determining the Corrections in Emissions Averaging notwithstanding any adverse comment compliance data for compressors. Provisions I. Removal of Reference to Obsolete HON on any other distinct provision in C. Compliance Extension for Table today’s rulemaking. The EPA is Compressors J. Clarification to Group 1 Storage Vessel publishing this rule as a direct final rule Requirements in Subpart JJJ because the EPA views this as a This direct final rule includes new K. Process Vent Provisions for Affected noncontroversial amendment and language in § 63.1311(d)(4), as Sources Producing Acrylonitrile Styrene anticipates no adverse comments. § 63.1311(d)(4)(ii), which corrects an Acrylate Resin/Alpha Methyl Styrene However, should adverse comments be error in the promulgated paragraph. At Acrylonitrile Resin (ASA/AMSAN) received on a distinct provision in this promulgation, this paragraph identified L. Exemptions from Wastewater Provisions two situations in which a compliance in Subpart JJJ rulemaking, the EPA will publish a timely withdrawal in the Federal extension could be requested. These M. Amendments to Tables 3 and 5 of situations are if the compressor must be Subpart JJJ Register indicating which provisions III. Impacts will become effective and which replaced or the distance piece must be IV. Administrative Requirements provisions are being withdrawn. If part recast. A third situation (which was A. Docket or all of this Direct Final Rule is included in subpart U, as B. Executive Order 12866 withdrawn, all public comments § 63.481(d)(4)(iii)) should have been C. Executive Order 12875: Enhancing received will be addressed in a included, which is if a design Intergovernmental Partnerships subsequent final rule based on today’s modification is required to connect the D. Executive Order 13084: Consultation proposal. The nature of the changes compressor to a closed-vent or recovery and Coordination with Indian Tribal system. As part of adding this third Governments contained in today’s direct final rule are such that it will be of great benefit to situation, the paragraph was reorganized E. Unfunded Mandates Reform Act to improve the clarity. F. Regulatory Flexibility industry and the States for these G. Paperwork Reduction Act changes to become effective sooner D. Changes to the 20 ppmv Organic H. Applicability of Executive Order 13045 rather than later, as will be described in HAP Outlet Concentration Option for I. Submission to Congress and the more detail below. Group 1 Continuous Process Vents Comptroller General J. National Technology Transfer and II. Summary of and Rationale for Several changes have been made Advancement Act Revisions related to the 20 ppmv organic HAP outlet concentration compliance option I. Background A. Correction to Equation in § 60.564 for Group 1 continuous process vents On September 5, 1996 (61 FR 46906), The first correction that this direct subject to §§ 63.485 or 63.1315, which and September 12, 1996 (61 FR 48208), final rule makes is to an equation in reference to the HON process vent the EPA published the Group I Polymers § 60.564 of the Standards for requirements in §§ 63.113 through and Resins NESHAP and the Group IV Performance for Volatile Organic 63.118. The outlet concentration limit of Polymers and Resins NESHAP, Compound (VOC) Emissions from the 20 ppmv represents the performance respectively. These regulations were Polymer Manufacturing Industry limit of the control technology (see 61 promulgated as subparts U and JJJ in 40 (subpart DDD). The equation in FR 43698, August 26, 1996, pg. 43704 CFR part 63. On November 25, 1996 the § 60.564(h) is being corrected so that the for more details). When determining EPA published an Advance Notice of emission rate determined by the compliance with the 20 ppmv outlet Proposed Rulemaking (ANPR) (61 FR equation is actually in kg total organic concentration standard under §§ 63.485 59849) informing the public of the compound (TOC) per Mg product. or 63.1315, the promulgated rule intent to propose amendments to the During work on the other changes required that the outlet concentration be recently promulgated Group I Polymers contained in this direct final rule, the corrected to 3 percent oxygen. The and Resins NESHAP and Group IV EPA became aware that the promulgated changes made in this direct final rule Polymers and Resins NESHAP. version of the equation in § 60.564(h) only require a correction to 3 percent Although it is anticipated that the misplaced the conversion factor oxygen if supplemental combustion air amendments to the Group I and Group between kilograms and megagrams, is used to combust the emissions. A IV Polymers and Resins NESHAP will resulting in an erroneous production definition of supplemental combustion be published simultaneously with this rate of polymer. The corrected equation air has also been added. Finally, similar Direct Final Rule, it is not likely that results in the correct units for the language has been added as part of those amendments will be finalized emission rate of TOC (i.e., kg TOC/Mg adding a 20 ppmv outlet concentration prior to Spring 1999. For that reason, product). compliance option to the aggregate the EPA is publishing this direct final batch vent stream provisions. The rule, which, as long as no relevant B. Modification of Compressors addition of a 20 ppmv organic HAP adverse comments are received by April The remainder of the changes outlet concentration compliance option 8, 1999, will become effective contained in this Direct Final Rule are for aggregate batch vent streams is immediately (without further either in the Group I Polymers and discussed later in this preamble. rulemaking action) on May 10, 1999. If Resins NESHAP, in the Group IV The Polymers and Resins I and IV adverse comments are received on one Polymers and Resins NESHAP, or both. rules refer directly to the HON for or more of the distinct amendments, The NESHAP for Group I Polymers and control of continuous process vents paragraphs, or sections in this Resins and for Group IV Polymers and subject to §§ 63.485 or 63.1315. Both rulemaking, the EPA will publish a Resins omitted a provision that is rules (Polymers and Resins I and IV) timely withdrawal in the Federal contained in the Hazardous Organics refer to, and are based on, the HON Register withdrawing the specific NESHAP (HON), 40 CFR part 63, process vent requirements for aggregate provisions that are the subject of subpart H, on which these provisions batch vent streams. Under the HON, the adverse comment. Any provision in are based. This provision, as added at correction to 3 percent oxygen is

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As a result of these definition of supplemental combustion percent oxygen is to prevent owners or considerations, the final rule for the air that reads as follows: operators from diluting streams to meet Polymer Manufacturing NSPS was Supplemental combustion air means the the 20 ppmv outlet concentration changed to require a correction to 3 air that is added to a vent stream after the standard; dilution as a means of percent oxygen only if supplemental vent stream leaves the unit operation. Air complying with a part 63 standard is combustion air was used to combust the that is part of the vent stream as a result of prohibited by the General Provisions emissions. the nature of the unit operation is not (see § 63.4(b)). The value of 3 percent The EPA has determined that a considered supplemental combustion air. Air originates from good engineering similar amendment is appropriate for required to operate combustion device practices. Synthetic Organic Chemical burner(s) is not considered supplemental the Polymers and Resins I and IV rules. combustion air. Manufacturing (SOCMI) facilities Accordingly, the EPA has conducted a subject to the HON do not typically technical analysis to provide additional In adding this definition, the EPA is have high oxygen, low VOC/HAP support for this decision. The technical distinguishing supplemental concentration streams; streams from analysis is documented in a combustion air from dilution air and SOCMI unit operations are typically low memorandum to the project docket. The from air required to operate the oxygen, high VOC/HAP concentration analysis found that an oxygen correction combustion device burner(s). The streams that require supplemental had not been applied to the data used second sentence of the definition combustion air for purposes of to develop the 20 ppmv outlet clarifies that a vent stream can contain combusting the emissions. For such concentration standard. Therefore, the air that is not considered to be oxygen deficient vent streams, adding 20 ppmv value is appropriate as an ‘‘supplemental combustion air,’’ as long the proper amount of supplemental outlet concentration standard for as the air is part of the vent stream prior combustion air would result in the uncorrected outlet concentrations (i.e., to the vent stream leaving the unit outlet stream containing approximately streams that do not require operation. This clarification ensures that 3 percent oxygen. The HON continuous supplemental combustion air). This processes operating at ambient or near process vent provisions are written amendment does not alter the use of the ambient oxygen levels are not assuming that continuous process vents 20 ppmv value compliance option considered to be using supplemental will require supplemental combustion where supplemental combustion air is combustion air. An example of this kind air when they are combusted, and used, provided, as with the promulgated of process is a dryer, where very high therefore requires a 3 percent oxygen rule, a 3 percent oxygen correction is flow rates of ambient air are heated and correction for all continuous process made. Because the proper addition of blown over/through/around polymer vents to prevent dilution. supplemental combustion air should that is being dried and very low levels The concept of requiring the result in an oxygen outlet concentration of HAP are picked up as part of the correction to 3 percent oxygen only of approximately 3 percent, requiring a drying process. The third sentence of when supplemental combustion air is correction to 3 percent oxygen should the definition clarifies that air used to used, as is done in this direct final rule not change the outlet concentration of operate combustion device burner(s) is has a precedent in the Polymer VOC/HAP significantly, and will ensure not considered supplemental Manufacturing New Source Performance that the 20 ppmv outlet concentration combustion air. Failure to include this Standards (NSPS). During development standard will not be met through clarification could allow the of the Polymer Manufacturing NSPS, the dilution. interpretation that every combustion issue of requiring a high oxygen, low In conclusion, the Polymers and device uses supplemental combustion VOC concentration stream to correct the Resins I and IV rules regulate industries air. To further clarify the meaning of outlet concentration to 3 percent oxygen (i.e., elastomer producers and this third sentence, the EPA has added was raised. Commenters made the point thermoplastic producers, respectively) a definition of combustion device that an oxygen correction may be that may contain high oxygen, low burner that reads as follows: appropriate for oxygen deficient streams VOC/HAP concentration process vent Combustion device burner means a device where supplemental combustion air has streams (e.g., streams that do not require designed to mix and ignite fuel and air to been added in order to ensure supplemental combustion air such as provide a flame to heat and oxidize waste combustion of the emissions, but such vent streams from dryers), as well as organic vapors in a combustion device. a correction is not appropriate for high low oxygen concentration streams. The EPA is not amending the oxygen, low VOC concentration streams. Therefore, for the same reason that a reference in these rules to the General Review of this concern revealed that change was made to the Polymer Provisions prohibition against dilution requiring an oxygen correction for Manufacturing NSPS and based on the to prevent compliance through dilution. processes with inherently high oxygen support provided by the technical Section 63.4(b), Circumvention, concentration streams would amount to analysis described above, a provision to discusses the prohibition against taking away the compliance option of require an outlet concentration oxygen dilution, and specifically prohibits ‘‘the reaching the 20 ppmv outlet correction only when supplemental use of diluents to achieve compliance concentration. Because the combination combustion air is used has been added with a relevant standard based on the of low VOC/HAP concentration and to the continuous process vent concentration of a pollutant in the technology limitations of control provisions (i.e., §§ 63.485 and 63.1315) effluent discharged to the atmosphere.’’ devices sometimes make it impossible for the Polymers and Resins I and IV to achieve a 98 percent emission rules. Similar changes have been made E. Addition of New PET Compliance reduction, the 20 ppmv outlet to the aggregate batch vent stream Options concentration may be necessary for provisions, as part of adding a 20 ppmv Section 63.1316(b), which specifies some streams. For the group of streams outlet concentration compliance option control requirements for certain that cannot demonstrate a 98 percent to those provisions. continuous process vents at

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The changes to between the promulgated preambles and provisions in § 63.1315(e) has been § 63.1316(b) contained in this direct the promulgated rules), and with the added in § 63.1321, as § 63.1321(d). final rule will provide the same option new language the EPA hopes to L. Exemptions from Wastewater for owners or operators of continuous eliminate any such confusion. As Provisions in Subpart JJJ dimethyl terephthalate (DMT) PET §§ 63.488(a)(2) and 63.1323(a)(2) should processes and continuous terephthalic make clear, a primary condenser can be This direct final rule adds two acid (TPA) PET processes. a condenser operating as a reflux paragraphs to § 63.1330, both of which The need for these changes became condenser on either a reactor or act as exemptions from certain apparent when a request was received distillation column, or can be a wastewater provisions in that section. from a company (Docket A–92–45, item condenser operating on a stripper or The new paragraphs are § 63.1330(d) VI–A–12) that wanted to comply with distillation operation to recover and (e), and pertain to affected sources the continuous process vent monomer, reaction products, by- producing ASA/AMSAN and affected requirements of § 63.1316(b) using products, or solvent. sources producing polystyrene using a combustion controls. In one situation, continuous or batch process. the company is controlling continuous G. References to Test Methods for the Polymers and Resins I Rule M. Amendments to Tables 3 and 5 of process vents from a continuous DMT Subpart JJJ PET process with a boiler that acheives This direct final rule is also adding a 99.99 percent emission reduction, references to the Test Methods for the This direct final rule makes based on emission tests conducted by Polymers and Resins I Rule, which were corrections and clarifications to both the EPA. In this case, emissions are finalized on March 17, 1997 (62 FR Tables 3 and 5. In the amended Table reduced to a much greater extent than 12546), and are contained in Appendix 5, the entry for Group 1 storage vessels associated with the production of the promulgated rule requires, and A of part 63. The newly added styrene acrylonitrile resin (SAN) was wastewater streams from the process are references to those Test Methods are clarified and footnote ‘‘d’’ was added. also eliminated. In the second case, the contained in §§ 63.495(b)(3) and (e) and Because there are different control company is controlling continuous 63.505(e)(1)(ii). process vents from a continuous TPA levels for different sets of storage PET process with a catalytic incinerator H. Cross-Reference and Grammatical vessels, the promulgated table appeared that achieves 98 percent emission Corrections in Emissions Averaging to present overlapping capacity and reduction. Wastewater discharges from Provisions vapor pressure criteria, which was not the process are eliminated in the second This direct final rule is making cross- the EPA’s intent. case, as well. Analysis shows that reference and grammatical corrections III. Impacts emissions are reduced to a greater extent (e.g., changing ‘‘can’’ to ‘‘may,’’ where with the control systems described The changes contained in this direct appropriate) throughout §§ 63.503 and final rule are corrections and above than would be achieved through 63.1332. No substantive changes have compliance with the separate, clarifications of the EPA’s intent at the been made to either of those two promulgation of subparts U and JJJ, and promulgated process vent and sections. wastewater provisions (Docket A–92– will not affect the estimated emissions 45, Item VI–B–22). I. Removal of Reference to Obsolete reduction or the control cost for these Therefore, the EPA believes that the HON Table rules. These clarifications and corrections should make it easier for same combustion control options In §§ 63.506(e)(4)(ii)(H)(1) and owners and operators of affected (including, but not limited to, thermal 63.1335(e)(4)(ii)(L)(1), a reference to sources, and for local and State incinerators, catalytic incinerators, Table 14b of subpart G has been authorities, to understand and boilers, or process heaters) that are removed, because that table was implement the requirements found in allowed elsewhere in this rule (for removed in the promulgated subparts U and JJJ. example in § 63.1316(c) for polystyrene amendments to the HON. affected sources) should be provided in IV. Administrative Requirements § 63.1316(b), since these combustion J. Clarification to Group 1 Storage A. Docket devices are highly efficient techniques Vessel Requirements in Subpart JJJ for reducing organic HAP emissions. A new paragraph is being introduced The docket is an organized and Also, the application of these with this direct final rule complete file of all the information combustion techniques allows (§ 63.1314(b)(3)), in order to clarify that, considered by the EPA in the innovative control strategies, including for all storage vessels that are not development of this rulemaking. The pollution prevention measures such as described in § 63.1314(b)(1) or (2), the docket is a dynamic file, because those described above, which might owner or operator must control material is added throughout the otherwise be discouraged under the emissions to the level specified in rulemaking development. The docketing promulgated rule. § 63.119. system is intended to allow members of the public and industries involved to F. Clarification of the Term ‘‘Primary K. Process Vent Provisions for Affected readily identify and locate documents Condenser’’ Sources Producing Acrylonitrile Styrene so that they can effectively participate In both the Group I and the Group IV Acrylate Resin/Alpha Methyl Styrene in the rulemaking process. Along with Polymers and Resins NESHAP, this Acrylonitrile Resin (ASA/AMSAN) the proposed and promulgated Direct Final Rule is amending language This direct final rule includes a new standards and their preambles, the in order to clarify what these rules mean paragraph at § 63.1315(e), which states contents of the docket will serve as the

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Accordingly, the for obtaining input from and informing, 51735, October 4, 1993), the EPA must requirements of section 1(a) of educating, and advising any small submit to the Office of Management and Executive Order 12875 do not apply to governments that may be significantly Budget (OMB) for review significant this direct final rule. or uniquely affected by the rule. The EPA has determined that this regulatory actions. The Executive Order D. Executive Order 13084: Consultation defines ‘‘significant regulatory action’’ direct final rule does not include a and Coordination With Indian Tribal Federal mandate that may result in as one that OMB determines is likely to Governments result in a rule that may: estimated costs of, in the aggregate, $100 (1) Have an annual effect on the Under Executive Order 13084, the million or more to either State, local, or economy of $100 million or more or EPA may not issue a regulation that is tribal governments in the aggregate, or adversely affect in a material way the not required by statute, that to the private sector, and that this direct economy, a sector of the economy, significantly or uniquely affects the final rule does not significantly or productivity, competition, jobs, the communities of Indian tribal uniquely impact small governments, environment, public health or safety, or governments, and that imposes because it contains no requirements that State, local, or Tribal governments or substantial direct compliance costs on apply to such governments or impose communities; those communities, unless the Federal obligations upon them. The EPA has not government provides the funds (2) Create a serious inconsistency or prepared a budgetary impact statement necessary to pay the direct compliance otherwise interfere with an action taken or specifically addressed the selection of costs incurred by the tribal or planned by another agency; the least costly, most cost-effective, or governments, or EPA consults with (3) Materially alter the budgetary least burdensome alternative. In those governments. If EPA complies by addition, because small governments impact of entitlements, grants, user fees, consulting, Executive Order 13084 will not be significantly or uniquely or loan programs, or the rights and requires EPA to provide to the Office of affected by this rule, the Agency is not obligations of recipients thereof; or Management and Budget, in a separately required to develop a plan with regard (4) Raise novel legal or policy issues identified section of the preamble to the to small governments. Therefore, the arising out of legal mandates, the rule, a description of the extent of EPA’s requirements of the Unfunded Mandates President’s priorities, or the principles prior consultation with representatives Act do not apply to this direct final rule. set forth in the Executive Order. of affected tribal governments, a It has been determined that this Direct summary of the nature of their concerns, F. Regulatory Flexibility Final Rule does not qualify as a and a statement supporting the need to The Regulatory Flexibility Act (RFA) ‘‘significant regulatory action’’ under issue the regulation. In addition, generally requires an agency to conduct the terms of Executive Order 12866 and, Executive Order 13084 requires the EPA a regulatory flexibility analysis of any therefore, is not subject to review by the to develop an effective process rule subject to notice and comment Office of Management and Budget. permitting elected and other rulemaking requirements unless the C. Executive Order 12875: Enhancing representatives of Indian tribal agency certifies that the rule will not Intergovernmental Partnerships governments ‘‘to provide meaningful have a significant economic impact on and timely input in the development of a substantial number of small entities. Under Executive Order 12875, the regulatory policies on matters that Small entities include small business, EPA may not issue a regulation that is significantly or uniquely affect their small not-for-profit enterprises, and not required by statute and that creates communities.’’ small governmental jurisdictions. This a mandate upon a State, local, or tribal This direct final rule does not impose direct final rule would not have a government, unless the Federal any duties or compliance costs on significant impact on a substantial government provides the funds Indian tribal governments. Further, the number of small entities, because it necessary to pay the direct compliance direct final rule provided herein does clarifies and makes corrections to the costs incurred by those governments, or not significantly alter the control promulgated versions of the Group I and EPA consults with those governments. If standards imposed by subpart U or IV Polymers and Resins NESHAP, but EPA complies by consulting, Executive subpart JJJ for any source, including any imposes no additional regulatory Order 12875 requires EPA to provide to that may affect communities of the requirements on owners or operators of the Office of Management and Budget a Indian tribal governments. Hence, affected sources. description of the extent of EPA’s prior today’s direct final rule does not G. Paperwork Reduction Act consultation with representatives of significantly or uniquely affect the affected State, local, and tribal communities of Indian tribal For both the Group I and Group IV governments, the nature of their governments. Accordingly, the Polymers and Resins NESHAP, the concerns, copies of any written requirements of section 3(b) of information collection requirements communications from the governments, Executive Order 13084 do not apply to (ICRs) were submitted to the OMB and a statement supporting the need to this direct final rule. under the Paperwork Reduction Act. At issue the regulation. In addition, promulgation, OMB had already Executive Order 12875 requires EPA to E. Unfunded Mandates Reform Act approved the ICRs for the Group IV develop an effective process permitting Section 202 of the Unfunded Polymers and Resins NESHAP and elected officials and other Mandates Reform Act of 1995 (UMRA), assigned those standards the OMB representatives of State, local, and tribal requires that the Agency prepare a control number 2060–0351. governments ‘‘to provide meaningful budgetary impact statement before Subsequently, the OMB approved the and timely input in the development of promulgating a rule that includes a ICRs for the Group I Polymers and regulatory proposals containing Federal mandate that may result in Resins NESHAP, and on July 15, 1997 significant unfunded mandates.’’ expenditure by State, local, and tribal (62 FR 37720) the OMB control number

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2060–0356 was assigned to the Group I States prior to publication of this direct 40 CFR Part 63 Polymers and Resins NESHAP. An final rule in the Federal Register. A Agency may not conduct or sponsor, major rule cannot take effect until 60 Environmental protection, Air and a person is not required to respond days after it is published in the Federal pollution control, Hazardous to, a collection of information unless it Register. This direct final rule is not a substances. displays a currently valid OMB control ‘‘major rule’’ as defined by 5 U.S.C. Dated: February 10, 1999. number. The OMB control numbers for § 804(2). Carol M. Browner, the EPA’s regulations are listed in 40 Administrator. CFR part 9 and 48 CFR Chapter 15. The J. National Technology Transfer and EPA has amended 40 CFR part 9, § 9.1, Advancement Act For the reasons set out in the to indicate the ICRs contained in the preamble, title 40, chapter I of the Code Group I and IV Polymers and Resins Section 12(d) of the National of Federal Regulations is amended as NESHAP. Technology Transfer and Advancement follows. The amendments to the NESHAP Act of 1995 (NTTAA) directs all Federal contained in this direct final rule should agencies to use voluntary consensus PART 60ÐSTANDARDS OF have no impact on the information standards instead of government-unique PERFORMANCE FOR NEW collection burden estimates made standards in their regulatory activities STATIONARY SOURCES previously. Therefore, the ICRs have not unless to do so would be inconsistent been revised. with applicable law or otherwise 1. The authority citation for part 60 impractical. Voluntary consensus continues to read as follows: H. Applicability of Executive Order 13045 standards are technical standards (e.g., Authority: 42 U.S.C. 7401, 7411, 7413, material specifications, test methods, 7414, 7416, 7429, 7601, and 7602. Executive Order 13045: ‘‘Protection of sampling and analytical procedures, Children from Environmental Health business practices, etc.) that are Subpart DDDÐStandards of Risks and Safety Risks’’ (62 FR 19885, developed or adopted by one or more Performance for Volatile Organic April 23, 1997) applies to any rule that voluntary consensus standards bodies. Compound (VOC) Emissions From the (1) is determined to be ‘‘economically Examples of organizations generally Polymer Manufacturing Industry significant’’ as defined under Executive regarded as voluntary consensus Order 12866, and (2) concerns an * * * * * standards bodies include the American environmental health or safety risk that 2. Amend § 60.564 by revising the EPA has reason to believe may have Society for Testing and Materials (ASTM), the National Fire Protection paragraph (h) introductory text to read a disproportionate effect on children. If as follows: the regulatory action meets both criteria, Association (NFPA), and the Society of the Agency must evaluate the Automotive Engineers (SAE). The § 60.564 Test Methods and procedures. NTTAA requires Federal agencies like environmental health or safety effects of * * * * * the planned rule on children, and EPA to provide Congress, through OMB, (h) The owner or operator shall explain why the planned regulation is with explanations when an agency determine compliance with the mass preferable to other potentially effective decides not to use available and emission per mass product standards in and reasonably feasible alternatives applicable voluntary consensus §§ 60.560(d) and (e) and in §§ 60.562– considered by the Agency. standards. The EPA interprets Executive Order 1(b)(1)(i), (c)(1)(i)(A), (c)(1)(ii)(A), This action does not involve the (c)(2)(i), and (c)(2)(ii)(A). 13045 as applying only to those proposal of any new technical regulatory actions that are based on standards. The EPA welcomes The emission rate of TOC shall be health or safety risks, such that the comments on this aspect of the Direct computed using the following equation: analysis required under section 5–501 of Final Rule and, specifically, invites the E the Order has the potential to influence public to identify potentially-applicable ER = TOC the regulation. This direct final rule is TOC ∗ voluntary consensus standards and to Pp Mg/1000 kg not subject to Executive Order 13045 explain why such standards should be because it does not establish an used in this regulation. Where: environmental standard intended to mitigate health or safety risks. As part of a larger effort, the EPA is ERTOC = Emission rate of total organic undertaking a project to cross-reference compounds (minus methane and ethane), I. Submission to Congress and the existing voluntary consensus standards kg TOC/Mg product. Comptroller General on testing, sampling, and analysis with ETOC = Emission rate of total organic The Congressional Review Act, 5 current and future EPA test methods. compounds (minus methane and ethane) in U.S.C. 801 et seq., added by the Small When completed, this project will assist the sample, kg/hr. Business Regulatory Enforcement the EPA in identifying potentially- Pp = The rate of polymer produced, kg/hr. Fairness Act of 1996, generally provides applicable voluntary consensus Mg/1000 kg = Mg of polymer produced per that before a rule may take effect, the standards which can then be evaluated kg of polymer produced. agency promulgating the rule must for equivalency and applicability in * * * * * submit a rule report, which includes a determining compliance with future copy of the rule, to each House of the regulations. PART 63ÐNATIONAL EMISSION Congress and to the Comptroller General STANDARDS FOR HAZARDOUS AIR of the United States. The EPA will List of Subjects POLLUTANTS FOR SOURCE CATEGORIES submit a report containing this direct 40 CFR Part 60 final rule and other required information to the U.S. Senate, the U.S. Environmental protection, Air 3. The authority citation for part 63 House of Representatives, and the pollution control, Volatile organic continues to read as follows: Comptroller General of the United compounds. Authority: 42 U.S.C. 7401 et seq.

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Subpart UÐNational Emission one or more batch front-end process § 63.488 Methods and procedures for Standards for Hazardous Air Pollutant vents shall comply with paragraph (o) or batch front-end process vent group Emissions: Group I Polymers and (p) of this section. determination. Resins * * * * * (a) * * * (2) The annual uncontrolled organic (v) When a combustion device is used 4. Amend § 63.481 by revising HAP or TOC emissions and annual to comply with the 20 parts per million paragraphs (d)(1)(ii), and (d)(1)(iii); and average batch vent flow rate shall be by volume outlet concentration standard by adding paragraph (d)(1)(iv), to read determined at the exit from the batch specified in § 63.113(a)(2), the as follows: unit operation. For the purposes of these correction to 3 percent oxygen is only determinations, the primary condenser § 63.481 Compliance schedule and required when supplemental operating as a reflux condenser on a relationship to existing applicable rules. combustion air is used to combust the reactor or distillation column, the emissions, for the purposes of this * * * * * primary condenser recovering subpart. In addition, the correction to 3 (d) * * * monomer, reaction products, by- percent oxygen specified in (1) * * * products, or solvent from a stripper (ii) A barrier fluid system will be § 63.116(c)(3) and (c)(3)(iii) is only operated in batch mode, and the installed; required when supplemental primary condenser recovering (iii) A new barrier fluid will be combustion air is used to combust the monomer, reaction products, by- utilized which requires changes to the emissions, for the purposes of this products, or solvent from a distillation existing barrier fluid system; or subpart. Finally, when a combustion operation operated in batch mode shall (iv) The compressor will be modified device is used to comply with the 20 be considered part of the batch unit to permit connecting the compressor to parts per million by volume outlet operation. All other devices that recover a fuel gas system or closed vent system, concentration standard specified in or oxidize organic HAP or TOC vapors or be modified so that emissions from § 63.113(a)(2), an owner or operator shall be considered control devices as the compressor can be routed to a shall record and report the outlet defined in § 63.482. process. concentration required in § 63.117(a)(4)(ii) and (a)(4)(iv) corrected * * * * * * * * * * 9. Amend § 63.490 by revising 5. Amend § 63.482 by adding, in to 3 percent oxygen when supplemental paragraph (e) introductory text and by alphabetical order, definitions for combustion air is used to combust the adding paragraph (e)(3), to read as ‘‘combustion device burner’’ and emissions, for the purposes of this follows: ‘‘supplemental combustion air,’’ to subpart. When supplemental paragraph (b), to read as follows: combustion air is not used to combust § 63.490 Batch front-end process ventsÐ the emissions, an owner or operator may performance test methods and procedures § 63.482 Definitions. record and report the outlet to determine compliance. * * * * * concentration required in * * * * * (b) * * * § 63.117(a)(4)(ii) and (a)(4)(iv) on an (e) Aggregate batch vent stream Combustion device burner means a uncorrected basis or corrected to 3 testing for compliance with device designed to mix and ignite fuel percent oxygen, for the purposes of this § 63.487(b)(2). Except as specified in and air to provide a flame to heat and subpart. paragraphs (e)(1) through (e)(3) of this oxidize waste organic vapors in a 7. Amend § 63.487 by revising section, owners or operators of aggregate combustion device. paragraph (b)(2), to read as follows: batch vent streams complying with * * * * * § 63.487 Batch front-end process ventsÐ § 63.487(b)(2) shall conduct a Supplemental combustion air means reference control technology. performance test using the performance the air that is added to a vent stream testing procedures for continuous front- after the vent stream leaves the unit * * * * * end process vents in § 63.116(c). operation. Air that is part of the vent (b) * * * (2) For each aggregate batch vent * * * * * stream as a result of the nature of the (3) When a combustion device is used stream, reduce organic HAP emissions unit operation is not considered to comply with the 20 parts per million by 90 weight percent or to a supplemental combustion air. Air by volume outlet concentration standard concentration of 20 parts per million by required to operate combustion device specified in § 63.487(b)(2), the volume, whichever is less stringent, on burner(s) is not considered correction to 3 percent oxygen specified a continuous basis using a control supplemental combustion air. in the performance testing procedures of device. For purposes of complying with § 63.116(c)(3) and (c)(3)(iii) is only * * * * * the 20 parts per million by volume 6. Amend § 63.485 by revising required when supplemental outlet concentration standard, the outlet paragraph (a); by adding and reserving combustion air is used to combust the concentration shall be calculated on a paragraphs (t) and (u); and by adding emissions, for the purposes of this dry basis. When a combustion device is paragraph (v), to read as follows: subpart. used for purposes of complying with the § 63.485 Continuous front-end process 20 parts per million by volume outlet * * * * * vent provisions. concentration standard, the 10. Amend § 63.491 by revising paragraph (b)(4) introductory text and (a) For each continuous front-end concentration shall be corrected to 3 percent oxygen if supplemental adding paragraph (b)(5), to read as process vent located at an affected follows: source, the owner or operator shall combustion air is used to combust the comply with the requirements of emissions. If supplemental combustion § 63.491 Batch front-end process ventsÐ §§ 63.113 through 63.118, except as air is not used, a correction to 3 percent recordkeeping requirements. provided for in paragraphs (b) through oxygen is not required. * * * * * (v) of this section. The owner or * * * * * (b) * * * operator of continuous front-end 8. Amend § 63.488 by revising (4) The following information when process vents that are combined with paragraph (a)(2), to read as follows: using a control device to meet the

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If supplemental combustion § 63.503 Emissions averaging provisions. stream, the pollution prevention air is used to combust the emissions, the measure shall reduce emissions more outlet concentration shall be corrected (a) This section applies to owners or than if the reference control technology to 3 percent oxygen. If supplemental operators of existing affected sources or standard had been applied to the combustion air is not used, a correction who seek to comply with § 63.483(b) by emission point instead of the pollution to 3 percent oxygen is not required. using emissions averaging rather than prevention measure, except as provided following the provisions of §§ 63.484, * * * * * in paragraph (c)(5)(ii) of this section. 11. Amend § 63.495 by revising 63.485, 63.486, 63.494, and 63.501. (ii) If a pollution prevention measure paragraph (b)(3) and adding paragraph * * * * * is used in conjunction with other (e) to read as follows: (2) Compliance with the provisions of controls for a Group 1 storage vessel, this section may be based on either batch front-end process vent, aggregate § 63.495 Back-end process provisionsÐ organic HAP or TOC. batch vent stream, continuous front-end procedures to determine compliance using process vent, or process wastewater stripping technology. (3) For the purposes of the provisions in this section, whenever Method 18, 40 stream, the pollution prevention * * * * * CFR part 60, appendix A, is specified measure alone does not have to reduce (b) * * * within the paragraphs of this section or emissions more than the reference (3) The residual organic HAP content is specified by reference through control technology or standard, but the in each sample is to be determined provisions outside this section, Method combination of the pollution prevention using the Methods specified in 18 or Method 25A, 40 CFR part 60, measure and other controls shall reduce paragraph (e) of this section. appendix A, may be used. The use of emissions more than if the applicable * * * * * Method 25A, 40 CFR part 60, appendix reference control technology or standard (e) The residual organic HAP content A, shall conform with the requirements had been applied instead of the in each sample is to be determined in paragraphs (a)(3)(i) and (a)(3)(ii) of pollution prevention measure. using the methods specified in this section. (d) * * * paragraphs (e)(1) through (e)(5) of this (i) The organic HAP used as the (5) Emission points controlled to section, as applicable. calibration gas for Method 25A, 40 CFR comply with a State or Federal rule (1) For styrene butadiene rubber part 60, appendix A, shall be the single other than this subpart cannot be used produced by the emulsion process, organic HAP representing the largest to generate credits, unless the level of either Method 312a, 312b, or 312c of 40 percent by volume of the emissions. control has been increased after CFR part 63, appendix A, shall be used. November 15, 1990 to a level above (ii) The use of Method 25A, 40 CFR (2) For styrene butadiene rubber what is required by the other State or part 60, appendix A, is acceptable if the produced by the solution process, either Federal rule. Only the control above response from the high-level calibration Method 313a or 313b of 40 CFR part 63, what is required by the other State or gas is at least 20 times the standard appendix A, shall be used. Federal rule will be credited. However, deviation of the response from the zero (3) For polybutadiene rubber if an emission point has been used to calibration gas when the instrument is produced by the solution process, either generate emissions averaging credit in zeroed on the most sensitive scale. Method 313a or 313b of 40 CFR part 63, an approved emissions average, and the appendix A, shall be used. * * * * * emission point is subsequently made (4) For ethylene-propylene rubber (c) Paragraphs (c)(1) through (c)(4) of subject to a State or Federal rule other produced by the solution process, either this section describe the emission points than this subpart, the emission point Method 310a, 310b, or 310c of 40 CFR that may be used to generate emissions may continue to generate emissions part 63, appendix A, shall be used. averaging credits if control was applied averaging credit for the purpose of (5) Alternatively, any other method after November 15, 1990 and if complying with the previously that has been validated according to the sufficient information is available to approved emissions average. applicable procedures in Method 301 of determine the appropriate value of (e) * * * 40 CFR part 63, appendix A, may be credits for the emission point. Paragraph (3) * * * used. (c)(5) of this section discusses the use of (ii) The initial demonstration in the * * * * * pollution prevention in generating Emissions Averaging Plan or operating 12. Amend § 63.503 by revising emissions averaging credits. permit application that credit-generating paragraphs (a) introductory text, (a)(2), * * * * * emission points will be capable of (a)(3), (c) introductory text, (c)(2), (2) Storage vessels, continuous front- generating sufficient credits to offset the (c)(5)(i), (c)(5)(ii), (d)(5), (e)(3)(ii), (e)(5), end process vents, and process debits from the debit-generating (g)(1), (g)(2)(ii)(A), (g)(2)(iii)(B)(1), wastewater steams that are determined emission points shall be made under (g)(2)(iii)(B)(2), (g)(3), (g)(5), (g)(7)(ii)(A), to be Group 1 emission points and that representative operating conditions. (h)(1) introductory text, (h)(3), (h)(5), are controlled by a technology that the After the compliance date, actual (h)(6)(ii) introductory text (the Equation Administrator or permitting authority operating data will be used for all debit remains unchanged), (h)(7)(ii) agrees has a higher nominal efficiency and credit calculations. introductory text, (i) introductory text, than the reference control technology. * * * * * (i)(1) introductory text, (i)(1)(iii), (i)(2), Information on the nominal efficiencies (5) Record and report quarterly and (i)(3), (i)(5) introductory text, (i)(5)(i), for such technologies shall be submitted annual credits and debits in the Periodic

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Reports as specified in § 63.506(e)(6). with the emissions averaging provisions (1) Source-wide debits shall be Every fourth Periodic Report shall as required by § 63.506(e)(6)(x)(C)(2). calculated using Equation 33. Debits include a certification of compliance * * * * * and all terms of the equation are in units (g) * * * of megagrams per month (Mg/month):

n n = − () + − () Debits∑() ECFEPViACTUAL0.. 02 ECFEPV iu ∑() ESiACTUAL 0 05 ES iu i=1i = 1 n + − + − ()EBEPACTUAL EBEP c∑() EWW iACTUAL EWW ic i=1 n n + − () + − () ∑()EBFEPViACTUAL0.. 1 EBFEPV iu ∑() EABViACTUAL 0 1 EABV iu [Eq. 33] i=1i = 1

Where: calculated according to paragraph (g)(6)(ii) (2) For determining debits from Group of this section. ECFEPViACTUAL = Emissions from each 1 continuous front-end process vents, (0.1) EBFEPViu = Emissions from each Group Group 1 continuous front-end process vent product recovery devices shall not be 1 batch front-end process vent i if the i that is uncontrolled or is controlled to a considered control devices and cannot applicable standard had been applied to level less stringent than the applicable be assigned a percent reduction in the uncontrolled emissions. EBFEPViu is reference control technology. calculated according to paragraph (g)(6)(i) calculating ECFEPViACTUAL. The ECFEPViACTUAL is calculated according to of this section. sampling site for measurement of paragraph (g)(2)(iii) of this section. EABViACTUAL = Emissions from each Group uncontrolled emissions is after the final (0.02)ECFEPViu = Emissions from each Group 1 aggregate batch vent stream i that is 1 continuous front-end process vent i if the product recovery device. However, as uncontrolled or is controlled to a level less provided in § 63.113(a)(3), a Group 1 applicable reference control technology stringent than the applicable standard. had been applied to the uncontrolled continuous front-end process vent may EABViACTUAL is calculated according to iu is calculated emissions. ECFEPV paragraph (g)(7)(iii) of this section. add sufficient product recovery to raise according to paragraph (g)(2)(ii) of this (0.1) EABViu = Emissions from each Group 1 the TRE index value above 1.0, thereby section. aggregate batch vent stream i if the becoming a Group 2 continuous front- ESiACTUAL = Emissions from each Group 1 applicable standard had been applied to end process vent. Such a continuous storage vessel i that is uncontrolled or is the uncontrolled emissions. EABViu is controlled to a level less stringent than the front-end process vent would not be a calculated according to paragraph (g)(7)(ii) applicable reference control technology or Group 1 continuous front-end process of this section. standard. ESiACTUAL is calculated according vent and would, therefore, not be n = The number of emission points being to paragraph (g)(3) of this section. included in determining debits under included in the emissions average. (0.05)ESiu = Emissions from each Group 1 this paragraph. storage vessel i if the applicable reference (2) * * * * * * * * control technology or standard had been (ii) * * * applied to the uncontrolled emissions. ESiu (3) Emissions from storage vessels (A) The values of Q and Cj shall be is calculated according to paragraph (g)(3) shall be calculated using the procedures of this section. determined during a performance test conducted under representative specified in § 63.150(g)(3). EBEPACTUAL = Emissions from back-end process operations that do not meet the operating conditions. The values of Q * * * * * residual organic HAP limits in § 63.494. and Cj shall be established in the (5) Emissions from wastewater shall EBEPACTUAL is calculated according to Notification of Compliance Status and be calculated using the procedures paragraph (g)(4)(i) of this section. shall be updated as provided in specified in § 63.150(g)(5). EBEPc = Emissions from back-end process paragraph (g)(2)(ii)(B) of this section. operations if the residual organic HAP * * * * * * * * * * limits in § 63.494(a) were met. EBEPc is (7) * * * calculated according to paragraph (g)(4)(ii) (iii) * * * of this section. * * * * * (ii) * * * EWWiACTUAL = Emissions from each Group 1 (B) * * * (A) The values of Q and Cj shall be wastewater stream i that is uncontrolled or (1) The percent reduction shall be determined during a performance test is controlled to a level less stringent than conducted under representative the applicable reference control measured according to the procedures in § 63.116 if a combustion control operating conditions. The values of Q technology. EWWiACTUAL is calculated according to paragraph (g)(5) of this device is used. For a flare meeting the and Cj shall be established in the section. criteria in § 63.116(a), or a boiler or Notification of Compliance Status and EWWic = Emissions from each Group 1 process heater meeting the criteria in shall be updated as provided in wastewater stream i if the reference control § 63.116(b), the percent reduction shall paragraph (g)(7)(ii)(B) of this section. technology had been applied to the be 98 percent. If a noncombustion * * * * * uncontrolled emissions. EWWic is control device is used, percent calculated according to paragraph (g)(5) of reduction shall be demonstrated by a (h) * * * this section. performance test at the inlet and outlet (1) Source-wide credits shall be EBFEPViACTUAL = Emissions from each Group 1 batch front-end process vent of the device, or, if testing is not calculated using Equation 41. Credits stream i that is uncontrolled or is feasible, by a control design evaluation and all terms of the equation are in units controlled to a level less stringent than the and documented engineering of Mg/month, and the baseline date is applicable standard. EBFEPViACTUAL is calculations. November 15, 1990:

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n m = () − + − Credits D∑()0. 02 ECFEPV1iu ECFEPV 1iACTUAL D ∑() ECFEPV2 iBASE ECFEPV 2iACTUAL i=1i = 1 n m + () − + − + − D∑()0.05 ES1iu ES1iACTUAL D ∑() ES2 iBASE ES 2iACTUAL D () EBEP c EBEPACTUAL i=1i = 1 n m + − + − D∑()EWW1ic EWW1iACTUAL D ∑() EWW2 iBASE EWW 2iACTUAL i=1i = 1 n n + () − + () − D∑()0..1 EBFEPV1iuEBFEPV 1iACTUAL D ∑() 0.1 EABV1 iu EABV 1iACTUAL i=1i = 1 m m + − + − D∑()EBFEPV2iBASE EBFEPV2iACTUAL D∑() EABV2 iBASE EABV 2 iACTUAL [Eq. 41] i=1 i=1

Where: EBEPc = Emissions from back-end process EBFEPV2iACTUAL = Emissions from each operations if the residual organic HAP Group 2 batch front-end process vent i that D = Discount factor = 0.9 for all credit limits in § 63.494(a) were met, Mg/month. is controlled. EBFEPV2iACTUAL is generating emission points, except those EBEPc is calculated in paragraph (h)(4)(ii) calculated according to paragraph (h)(6)(iii) controlled by a pollution prevention of this section. of this section. measure; discount factor = 1.0 for each EWW1iACTUAL = Emissions from each Group credit generating emission point controlled EABV2iBASE = Emissions from each Group 2 1 wastewater stream i that is controlled to by a pollution prevention measure (i.e., no aggregate batch vent stream i at the a level more stringent than the reference discount provided). baseline date. EABV2iBASE is calculated control technology. EWW1iACTUAL is according to paragraph (g)(7)(iv) of this ECFEPV1iACTUAL = Emissions for each Group calculated according to paragraph (h)(5) of 1 continuous front-end process vent i that section. this section. is controlled to a level more stringent than EABV2iACTUAL = Emissions from each Group the reference control technology. EWW1ic = Emissions from each Group 1 2 aggregate batch vent stream i that is wastewater stream i if the reference control ECFEPV1iACTUAL is calculated according to controlled. EABV2iACTUAL is calculated paragraph (h)(2)(ii) of this section. technology had been applied to the according to paragraph (h)(7)(iii) of this uncontrolled emissions. EWW1ic is (0.02)ECFEPV1iu = Emissions from each section. Group 1 continuous front-end process vent calculated according to paragraph (h)(5) of n = Number of Group 1 emission points i if the reference control technology had this section. included in the emissions average. The been applied to the uncontrolled EWW2iACTUAL = Emissions from each Group value of n is not necessarily the same for 2 wastewater stream i that is controlled. emissions. ECFEPV1iu is calculated continuous front-end process vents, batch according to paragraph (h)(2)(i) of this EWW2iACTUAL is calculated according to front-end process vents, aggregate batch section. paragraph (h)(5) of this section. vent streams, storage vessels, wastewater EWW2iBASE = Emissions from each Group 2 ECFEPV2iACTUAL = Emissions from each streams, or the collection of process Group 2 continuous front-end process vent wastewater stream i at the baseline date. sections within the affected source. EWW2iBASE is calculated according to i that is controlled. ECFEPV2iACTUAL is m = Number of Group 2 emission points calculated according to paragraph (h)(2)(iii) paragraph (h)(5) of this section. included in the emissions average. The of this section. (0.1) EBFEPV1iu = Emissions from each value of m is not necessarily the same for ECFEPV2iBASE = Emissions from each Group Group 1 batch front-end process vent i if continuous front-end process vents, batch 2 continuous front-end process vent i at the the applicable standard had been applied front-end process vents, aggregate batch baseline date. ECFEPV1iBASE is calculated to the uncontrolled emissions. EBFEPViu is vent streams, storage vessels, wastewater in paragraph (h)(2)(iv) of this section. calculated according to paragraph (h)(6)(i) streams, or the collection of process of this section. ES1iACTUAL = Emissions from each Group 1 sections within the affected source. storage vessel i that is controlled to a level EBFEPV1iACTUAL = Emissions from each Group 1 batch front-end process vent i that * * * * * more stringent than the reference control (3) Emissions from storage vessels technology or standard. ES1iACTUAL is is controlled to a level more stringent than calculated according to paragraph (h)(3) of the applicable standard. EBFEPV1iACTUAL shall be calculated using the procedures this section. is calculated according to paragraph specified in § 63.150(h)(3). (0.05) ES1iu = Emissions from each Group 1 (h)(6)(ii) of this section. * * * * * storage vessel i if the reference control (0.1)EABV1iu = Emissions from each Group 1 (5) Emissions from wastewater technology had been applied to the aggregate batch vent stream i if the streams shall be calculated using the applicable standard had been applied to uncontrolled emissions. ES1iu is calculated procedures specified in § 63.150(h)(5). the uncontrolled emissions. EABV1iu is according to paragraph (h)(3) of this (6) * * * section. calculated according to paragraph (h)(7)(i) (ii) Actual emissions from Group 1 ES2iACTUAL = Emissions from each Group 2 of this section. storage vessel i that is controlled. EABV1iACTUAL = Emissions from each Group batch front-end process vents controlled ES2iACTUAL is calculated according to 1 aggregate batch vent stream i that is to a level more stringent than the paragraph (h)(3) of this section. controlled to a level more stringent than standard (EBFEPV1iACTUAL) shall be ES2iBASE = Emissions from each Group 2 the applicable standard. EABV1iACTUAL is calculated using Equation 46, where storage vessel i at the baseline date. calculated according to paragraph (h)(7)(ii) percent reduction is for the batch cycle: ES2iBASE is calculated in paragraph (h)(3) of this section. [Equation 46 is unchanged.] of this section. EBFEPV2iBASE = Emissions from each Group EBEPACTUAL = Actual emissions from back- 2 batch front-end process vent i at the * * * * * end process operations, Mg/month. baseline date. (7) * * * EBEPACTUAL is calculated in paragraph EBFEPV2iBASE is calculated according to (ii) Actual emissions from Group 1 (h)(4)(i) of this section. paragraph (h)(6)(iv) of this section. aggregate batch vent streams controlled

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to a level more stringent than the standard (EABV1iACTUAL) shall be calculated using Equation 49:

  = − Percent reduction EABV1iACTUAL EABV 1 iu  1  [.Eq 49]  100% 

* * * * * judgment, the control technology (E) For wastewater, Epp shall be (i) The following procedures shall be achieves a level of emission reduction calculated according to followed to establish nominal greater than the reference control § 63.150(j)(2)(ii)(E). efficiencies for emission controls for technology for a particular kind of * * * * * storage vessels, continuous front-end emission point, the Administrator will (iv) The same pollution prevention process vents, and process wastewater publish a Federal Register notice measure may reduce emissions from streams. The procedures in paragraphs establishing a nominal efficiency for the multiple emission points. In such cases, (i)(1) through (i)(6) of this section shall control technology. the percent reduction in emissions for be followed for control technologies that * * * * * each emission point shall be calculated. are different in use or design from the (v) For the purposes of the equations (5) In those cases where the owner or reference control technologies and in paragraphs (h)(2) through (h)(7) of operator is seeking permission to take achieve greater percent reductions than this section, used to calculate credits for credit for use of a control technology the percent efficiencies assigned to the emission points controlled more that is different in use or design from reference control technologies in stringently than the reference control the reference control technology and the § 63.111. technology or standard, the nominal (1) In those cases where the owner or different control technology will be efficiency of a pollution prevention operator is seeking permission to take used in no more than three applications measure is equivalent to the percent credit for use of a control technology at a single plant site, the owner or reduction of the pollution prevention that is different in use or design from operator shall submit the information measure. When a pollution prevention the reference control technology, and listed in paragraph (i)(1)(i) as specified measure is used, the owner or operator the different control technology will be in § 63.506(e)(7)(ii) to the Administrator. of an affected source is not required to used in more than three applications at (i) In these instances, use and a single plant-site, the owner or operator apply to the Administrator for a conditions for use of the control shall submit the information specified nominal efficiency and is not subject to technology may be approved by the in paragraphs (i)(1)(i) through (i)(1)(iv) paragraph (i) of this section. permitting authority as part of an of this section, as specified in (k) The owner or operator shall operating permit application or § 63.1335(e)(7)(ii), to the Director of the demonstrate that the emissions from the modification. The permitting authority EPA Office of Air Quality Planning and emission points proposed to be Standards, in writing. shall follow the procedures specified in included in the emissions average will paragraphs (i)(2) through (i)(4) of this not result in greater hazard, or at the * * * * * section except that, in these instances, option of the Administrator, greater risk (iii) Documentation demonstrating to a Federal Register notice is not required to human health or the environment the Administrator’s satisfaction the to establish the nominal efficiency for than if the emission points were control efficiency of the control the different technology. controlled according to the provisions technology. This may include performance test data collected using an * * * * * in §§ 63.484, 63.485, 63.486, 63.493, and 63.501. appropriate EPA Method or any other (j) * * * method validated according to Method * * * * * (2) The emission reduction efficiency 301, 40 CFR part 63, appendix A. If it (4) A hazard or risk equivalency of pollution prevention measures is infeasible to obtain test data, demonstration shall: implemented after November 15, 1990, documentation may include a design * * * * * may be used in calculating the actual evaluation and calculations. The (m) * * * emissions from an emission point in the engineering basis of the calculation (1) * * * debit and credit equations in paragraphs procedures and all inputs and (i) Determine whether the continuous (g) and (h) of this section. assumptions made in the calculations front-end process vent is Group 1 or shall be documented. * * * * * Group 2 according to the procedures * * * * * (ii) * * * specified in § 63.115 and as required by (2) The Administrator shall determine § 63.485; (B) For wastewater, EB shall be within 120 days whether an application calculated according to (ii) Conduct initial performance tests presents sufficient information to § 63.150(j)(2)(ii)(B). to determine percent reduction as determine nominal efficiency. The specified in § 63.116 and as required by Administrator reserves the right to * * * * * § 63.485; and request specific data in addition to the (D) The monthly emissions after the (iii) Monitor the operating parameters, items listed in paragraph (i)(1) of this pollution prevention measure, Epp, may keep records, and submit reports as section. be determined during a performance test specified in §§ 63.114, 63.117(a), and (3) The Administrator shall determine or by a design evaluation and 63.118(a) and (f), as required, for the within 120 days of the submittal of documented engineering calculations. specific control device as required by sufficient data whether a control Once an emissions-to-production ratio § 63.485. technology shall have a nominal has been established, the ratio may be (2) * * * efficiency and the level of that nominal used to estimate monthly emissions (i) Determine the flow rate, organic efficiency. If, in the Administrator’s from monthly production records. HAP concentration, and TRE index

VerDate 03-MAR-99 14:37 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR2.XXX pfrm01 PsN: 09MRR2 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations 11547 value according to the procedures (e) * * * Supplemental combustion air means specified in § 63.115; and (4) * * * the air that is added to a vent stream (ii) Monitor the operating parameters, (ii) * * * after the vent stream leaves the unit keep records, and submit reports (H) * * * operation. Air that is part of the vent according to the procedures specified in (1) The required documentation shall stream as a result of the nature of the §§ 63.114, 63.117(a), and 63.118(b) and include the data used to determine unit operation is not considered (f), as required, for the specific recovery whether the wastewater stream is a supplemental combustion air. Air device, and as required by § 63.485. Group 1 or Group 2 wastewater stream. required to operate combustion device (3) * * * * * * * * burner(s) is not considered (i) Perform the monitoring or supplemental combustion air. Subpart JJJÐNational Emission inspection procedures according to the * * * * * procedures specified in § 63.120, and as Standards for Hazardous Air Pollutant 17. Amend § 63.1314 by adding required by § 63.484; Emissions: Group IV Polymers and paragraph (b)(3), to read as follows: (ii) Perform the reporting and Resins § 63.1314 Storage vessel provisions. recordkeeping procedures according to 15. Amend § 63.1311 by revising the procedures specified in §§ 63.122 paragraphs (d)(1)(ii), (d)(1)(iii), and * * * * * and 63.123, and as required by § 63.484; (b) * * * (d)(4), and adding paragraph (d)(1)(iv), (3) For all other storage vessels and to read as follows: (iii) For closed vent systems with designated as Group 1 storage vessels, control devices, conduct an initial § 63.1311 Compliance schedule and emissions shall be controlled to the design evaluation and submit an relationship to existing applicable rules. level designated in § 63.119. operating plan according to the * * * * * * * * * * procedures specified in § 63.120(d) and (d) * * * 18. Amend § 63.1315 by revising (b), and as required by § 63.484. (1) * * * paragraph (a) introductory text; adding (4) * * * (ii) A barrier fluid system will be and reserving paragraphs (a)(16) and (ii) If a control or recovery device is installed; (a)(17); and adding paragraphs (a)(18) used to reduce back-end process (iii) A new barrier fluid will be and (e), to read as follows: operation emissions, the owner or utilized which requires changes to the existing barrier fluid system; or § 63.1315 Continuous process vents operator of the affected source shall provisions. comply with §§ 63.496, 63.497, (iv) The compressor will be modified (a) For each continuous process vent 63.498(d), and the applicable provisions to permit connecting the compressor to located at an affected source, the owner of 63.499, and shall implement the a fuel gas system or a closed vent system or operator shall comply with the provisions of these sections. or modified so that emissions from the (5) * * * compressor can be routed to a process. requirements of §§ 63.113 through (i) For wastewater treatment * * * * * 63.118, with the differences noted in processes, conduct tests according to the (4) Compliance with the compressor paragraphs (a)(1) through (a)(18) of this procedures specified in § 63.138(i) and provisions of § 63.164 shall occur not section for the purposes of this subpart, (j), and as required by § 63.501; later than September 12, 1999 for any except as provided in paragraphs (b) (ii) Conduct inspections and compressor meeting one or more of the through (e) of this section. monitoring according to the procedures criteria in paragraphs (d)(4)(i) through * * * * * specified in § 63.143, and as required by (d)(4)(iii) of this section. The owner or (16) [Reserved] § 63.501; operator who elects to use these (17) [Reserved] (iii) Implement a recordkeeping provisions shall submit a request for an (18) When a combustion device is program according to the procedures extension of compliance in accordance used to comply with the 20 parts per specified in § 63.147, and as required by with the requirements of paragraph million by volume outlet concentration § 63.501; and (d)(2)(iv) of this section. standard specified in § 63.113(a)(2), the (iv) Implement a reporting program (i) Compliance cannot be achieved correction to 3 percent oxygen is only according to the procedures specified in without replacing the compressor; required when supplemental § 63.146, and as required by § 63.501. (ii) Compliance cannot be achieved combustion air is used to combust the without recasting the distance piece; or emissions, for the purposes of this * * * * * subpart. In addition, the correction to 3 13. Amend § 63.505 by revising (iii) Design modifications are required percent oxygen specified in paragraph (e)(1)(ii), to read as follows: to connect to a closed-vent or recovery system. § 63.116(c)(3) and (c)(3)(iii) is only § 63.505 Parameter monitoring levels and * * * * * required when supplemental excursions. 16. Amend § 63.1312 by adding, in combustion air is used to combust the * * * * * alphabetical order, definitions for emissions, for the purposes of this (e) * * * ‘‘combustion device burner’’ and subpart. Finally, when a combustion (1) * * * ‘‘supplemental combustion air,’’ to device is used to comply with the 20 (ii) The residual organic HAP content paragraph (b), to read as follows: parts per million by volume outlet in each sample is to be determined concentration standard specified in using Methods specified in § 63.495(e). § 63.1312 Definitions. § 63.113(a)(2), an owner or operator * * * * * * * * * * shall record and report the outlet 14. Amend § 63.506 by revising (b) * * * concentration required in Combustion device burner means a paragraph (e)(4)(ii)(H)(1), to read as § 63.117(a)(4)(ii) and (a)(4)(iv) corrected device designed to mix and ignite fuel follows: to 3 percent oxygen when supplemental and air to provide a flame to heat and combustion air is used to combust the § 63.506 General recordkeeping and oxidize waste organic vapors in a emissions, for the purposes of this reporting provisions. combustion device. subpart. When supplemental * * * * * * * * * * combustion air is not used to combust

VerDate 03-MAR-99 14:37 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR2.XXX pfrm01 PsN: 09MRR2 11548 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations the emissions, an owner or operator may be controlled to reduce organic HAP ethylene glycol, but excluding record and report the outlet emissions by 98 weight-percent. emissions from process contact cooling concentration required in (ii) For purposes of this section, the towers) shall, as a whole, be no greater § 63.117(a)(4)(ii) and (a)(4)(iv) on an group determination procedure required than 0.02 kg organic HAP per Mg of uncorrected basis or corrected to 3 by § 63.1323 shall not apply. product from the associated TPPU(s); or percent oxygen, for the purposes of this 19. Amend § 63.1316 by revising the alternatively, organic HAP emissions subpart. section title, paragraphs (b)(1)(i), from all continuous process vents in the * * * * * (b)(1)(ii), (b)(2)(i), and (b)(2)(ii); and collection of polymerization reaction (e) Owners or operators of affected adding paragraphs (b)(1)(v) and (b)(2)(v), sections within the affected source sources producing ASA/AMSAN shall to read as follows: shall, as a whole, be no greater than 0.02 kg organic HAP per Mg product from all reduce organic HAP emissions from § 63.1316 PET and polystyrene affected each continuous process vent, each sourcesÐemissions control provisions. associated TPPU(s); or batch process vent, and each aggregate (B) Comply with paragraph (b)(1)(v) of * * * * * this section. batch vent stream by 98 weight-percent (b) * * * and shall comply with either paragraph (1) * * * * * * * * (e)(1), (e)(2), or (e)(3), as appropriate. (i) The owner or operator of an (v) Comply with one of the following: Where batch process vents or aggregate existing affected source with organic (A) Reduce the emissions in a batch vent streams are combined with HAP emissions greater than 0.12 kg combustion device to achieve 98 weight continuous process vents, the organic HAP per Mg of product from percent reduction or to achieve a provisions of paragraph (a)(13) of this continuous process vents in the concentration of 20 parts per million by section shall apply for the purposes of collection of material recovery sections volume (ppmv) on a dry basis, this paragraph (e). (i.e., methanol recovery) within the whichever is less stringent. If an owner (1) For each continuous process vent, affected source shall comply with either or operator elects to comply with the 20 comply with paragraph (a) of this paragraph (b)(1)(i)(A), (b)(1)(i)(B), or ppmv standard, the concentration shall section as specified in paragraphs (b)(1)(i)(C) of this section. Emissions include a correction to 3 percent oxygen (e)(1)(i) through (e)(1)(ii) of this section. from continuous process vents in the only when supplemental combustion air (i) For purpose of this section, each collection of material recovery sections is used to combust the emissions; continuous process vent shall be within the affected source shall be (B) Combust the emissions in a boiler considered to be a Group 1 continuous determined by the procedures specified or process heater with a design heat process vent and the owner or operator in § 63.1318(b). The owner or operator input capacity of 150 million Btu/hr or of that continuous process vent shall of a new affected source shall comply greater by introducing the emissions comply with the requirements for a with either paragraph (b)(1)(i)(A), into the flame zone of the boiler or Group 1 continuous process vent. (b)(1)(i)(B), or (b)(1)(i)(C) of this section. process heater; or (ii) For purposes of this section, the (A) Organic HAP emissions from all (C) Combust the emissions in a flare group determination procedure required continuous process vents in each that complies with the requirements of by § 63.115 shall not apply. individual material recovery section § 63.1333(e). (2) For each batch process vent, shall, as a whole, be no greater than (2) * * * comply with §§ 63.1321 through 0.018 kg organic HAP per Mg of product (i) Limit organic HAP emissions from 63.1327 as specified in paragraphs from the associated TPPU(s); or continuous process vents in the (e)(2)(i) through (e)(2)(ii) of this section. alternatively, organic HAP emissions collection of raw material preparation (i) For purpose of this section, each from all continuous process vents in the sections within the affected source by batch process vent shall be considered collection of material recovery sections complying with either paragraph to be a Group 1 batch process vent and within the affected source shall, as a (b)(2)(i)(A) or (b)(2)(i)(B) of this section. the owner or operator of that batch whole, be no greater than 0.018 kg (A) Organic HAP emissions from all process vent shall comply with the organic HAP per Mg product from all continuous process vents associated requirements for a Group 1 batch associated TPPU(s); with the esterification vessels in each process vent contained in §§ 63.1321 (B) As specified in § 63.1318(d), the individual raw materials preparation through 63.1327, except that each batch owner or operator shall maintain the section shall, as a whole, be no greater process vent shall be controlled to daily average outlet gas stream than 0.04 kg organic HAP per Mg of reduce organic HAP emissions by 98 temperature from each final condenser product from the associated TPPU(s); or weight-percent. in a material recovery section at a alternatively, organic HAP emissions (ii) For purposes of this section, the temperature of +3°C (+37°F) or less (i.e., from all continuous process vents group determination procedure required colder); or associated with the esterification vessels by § 63.1323 shall not apply. (C) Comply with paragraph (b)(1)(v) of in the collection of raw material (3) For each aggregate batch vent this section. preparation sections within the affected stream, comply with §§ 63.1321 through (ii) Limit organic HAP emissions from source shall, as a whole, be no greater 63.1327 as specified in paragraphs continuous process vents in the than 0.04 kg organic HAP per Mg of (e)(3)(i) through (e)(3)(ii) of this section. collection of polymerization reaction product from all associated TPPU(s). (i) For purpose of this section, each sections within the affected source by Other continuous process vents (i.e., aggregate batch vent stream shall be complying with either paragraph those not associated with the considered to be a Group 1 aggregate (b)(1)(ii)(A) or (b)(1)(ii)(B) of this esterification vessels) in the collection batch vent stream and the owner or section. of raw materials preparation sections operator of that aggregate batch vent (A) Organic HAP emissions from all within the affected source shall comply stream shall comply with the continuous process vents in each with § 63.1315; or requirements for a Group 1 aggregate individual polymerization reaction (B) Comply with paragraph (b)(2)(v) of batch vent stream contained in section within the affected source this section. §§ 63.1321 through 63.1327, except that (including emissions from any (ii) Limit organic HAP emissions from each aggregate batch vent stream shall equipment used to further recover continuous process vents in the

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Amend § 63.1326 by revising section (including emissions from any concentration shall be corrected to 3 paragraph (b)(4) introductory text and equipment used to further recover percent oxygen if supplemental adding paragraph (b)(5), to read as ethylene glycol, but excluding combustion air is used to combust the follows: emissions from process contact cooling emissions. If supplemental combustion towers) shall, as a whole, be no greater air is not used, a correction to 3 percent § 63.1326 Batch process ventsÐ than 0.02 kg organic HAP per Mg of oxygen is not required. recordkeeping provisions. product from the associated TPPU(s); or * * * * * * * * * * alternatively, organic HAP emissions 22. Amend § 63.1323 by revising (b) * * * from all continuous process vents in the paragraph (a)(2), to read as follows: (4) The following information when collection of polymerization reaction using a control device to meet the sections within the affected source § 63.1323 Batch process ventsÐmethods percent reduction requirement specified and procedures for group determination. shall, as a whole, be no greater than 0.02 in § 63.1322(a)(2), (a)(3), (b)(2), or (b)(3): kg organic HAP per Mg of product from (a) * * * * * * * * all associated TPPU(s); or (2) The annual uncontrolled organic (5) When complying with the 20 parts (B) Comply with paragraph (b)(2)(v) of HAP or TOC emissions and annual per million by volume outlet this section. average batch vent flow rate shall be concentration standard specified in determined at the exit from the batch * * * * * § 63.1322(b)(2), records of the outlet unit operation. For the purposes of these (v) Comply with one of the following: concentration of organic HAP or TOC on (A) Reduce the emissions in a determinations, the primary condenser a dry basis. If supplemental combustion combustion device to achieve 98 weight operating as a reflux condenser on a air is used to combust the emissions, the percent reduction or to achieve a reactor or distillation column, the outlet concentration shall be corrected concentration of 20 parts per million by primary condenser recovering to 3 percent oxygen. If supplemental volume (ppmv) on a dry basis, monomer, reaction products, by- combustion air is not used, a correction whichever is less stringent. If an owner products, or solvent from a stripper to 3 percent oxygen is not required. operated in batch mode, and the or operator elects to comply with the 20 * * * * * ppmv standard, the concentration shall primary condenser recovering 25. Amend § 63.1330 by adding and include a correction to 3 percent oxygen monomer, reaction products, by- reserving paragraph (c), and paragraphs only when supplemental combustion air products, or solvent from a distillation (d) and (e), to read as follows: is used to combust the emissions; operation operated in batch mode shall (B) Combust the emissions in a boiler be considered part of the batch unit § 63.1330 Wastewater provisions. or process heater with a design heat operation. All other devices that recover * * * * * input capacity of 150 million Btu/hr or or oxidize organic HAP or TOC vapors (c) [Reserved] greater by introducing the emissions shall be considered control devices as (d) The provisions of paragraph (b) of into the flame zone of the boiler or defined in § 63.1312. this section do not apply to each process heater; or * * * * * affected source producing ASA/ (C) Combust the emissions in a flare 23. Amend § 63.1325 by revising AMSAN. that complies with the requirements of paragraph (e) introductory text and (e) The provisions of paragraphs (a), § 63.1333(e). adding paragraph (e)(3), to read as (b), and (c) of this section do not apply * * * * * follows: to each affected source producing polystyrene using either a continuous or 20. Amend § 63.1321 by adding § 63.1325 Batch process ventsÐ paragraph (d), to read as follows: batch process. performance test methods and procedures 26. Amend § 63.1332 by revising to determine compliance. § 63.1321 Batch process vents provisions. paragraphs (a)(2), (a)(3) introductory * * * * * text, (c) introductory text, (c)(3), (d)(5), * * * * * (e) Aggregate batch vent stream (d) Owners and operators of affected (e)(3)(ii), (e)(5), (g)(1), (g)(2)(ii)(A), testing for compliance with (g)(7)(ii)(A), (h)(1) introductory text, sources producing ASA/AMSAN shall § 63.1322(b)(2) or (b)(3). Except as comply with the provisions of (h)(6)(ii) introductory text, (h)(7)(ii) specified in paragraphs (e)(1) through introductory text (the equation remains § 63.1315(e). (e)(3) of this section, owners or 21. Amend § 63.1322 by revising unchanged), (i)(1) introductory text, operators of aggregate batch vent paragraph (b)(2), to read as follows: (i)(1)(iii), (i)(2), (i)(3), (i)(5) introductory streams complying with § 63.1322(b)(2) text, (i)(5)(i), (j)(2) introductory text, § 63.1322 Batch process ventsÐreference or (b)(3) shall conduct a performance (j)(2)(ii)(B), (j)(2)(iv), (j)(2)(v), (k) control technology. test using the performance testing introductory text, (k)(4) introductory * * * * * procedures for continuous process vents text, and (l) introductory text, to read as (b) * * * in § 63.116(c). follows: (2) For each aggregate batch vent * * * * * stream, reduce organic HAP emissions (3) When a combustion device is used § 63.1332 Emissions averaging provisions. by 90 weight percent or to a to comply with the 20 parts per million (a) * * * concentration of 20 parts per million by by volume outlet concentration standard (2) Compliance with the provisions of volume, whichever is less stringent, on specified in § 63.1322(b)(2), the this section may be based on either a continuous basis using a control correction to 3 percent oxygen specified organic HAP or TOC.

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(3) For the purposes of these technology that the Administrator or (e) * * * provisions, whenever Method 18, 40 permitting authority agrees has a higher (3) * * * CFR part 60, appendix A, is specified nominal efficiency than the reference within the paragraphs of this section or control technology. Information on the (ii) The initial demonstration in the is specified by reference through nominal efficiencies for such Emissions Averaging Plan or operating provisions outside this section, Method technologies shall be submitted and permit application that credit-generating 18 or Method 25A, 40 CFR part 60, approved as provided in paragraph (i) of emission points will be capable of appendix A, may be used. The use of this section. generating sufficient credits to offset the Method 25A, 40 CFR part 60, appendix debits from the debit-generating * * * * * emission points shall be made under A, shall conform with the requirements (d) * * * in paragraphs (a)(3)(i) and (a)(3)(ii) of (5) Emission points controlled to representative operating conditions. this section. comply with a State or Federal rule After the compliance date, actual operating data will be used for all debit * * * * * other than this subpart cannot be used (c) Paragraphs (c)(1) through (c)(5) of to generate credits, unless the level of and credit calculations. this section describe the emission points control has been increased after (4) * * * that may be used to generate emissions November 15, 1990, to a level above (5) Record and report quarterly and averaging credits if control was applied what is required by the other State or annual credits and debits in the Periodic after November 15, 1990, and if Federal rule. Only the control above Reports as specified in § 63.1335(e)(6). sufficient information is available to what is required by the other State or Every fourth Periodic Report shall determine the appropriate value of Federal rule will be credited. However, include a certification of compliance credits for the emission point. Paragraph if an emission point has been used to with the emissions averaging provisions (c)(6) of this section discusses the use of generate emissions averaging credit in as required by § 63.1335(e)(6)(x)(C)(2). pollution prevention in generating an approved emissions average, and the * * * * * emissions averaging credits. emission point is subsequently made * * * * * subject to a State or Federal rule other (g) * * * (3) Storage vessels, continuous than this subpart, the emission point (1) Source-wide debits shall be process vents subject to § 63.1315, and may continue to generate emissions calculated using Equation 28 of this process wastewater streams that are averaging credit for the purpose of subpart. Debits and all terms of determined to be Group 1 emission complying with the previously Equation 28 of this subpart are in units points and that are controlled by a approved emissions average. of megagrams per month:

n n = − () + − Debits∑() ECPViACTUAL0. 02 ECPV iu ∑() ECPVSjACTUAL ECPVS jSTD i=1j = 1

n n + − + − ∑()ESiACTUAL() b ES iu ∑() EWWiACTUAL EWW ic i=1i = 1 n n + − () + − () ∑()EBPViACTUAL0..[. 10 EBPV iu∑() EABV iACTUAL 0 10 EABV iu Eq 28] i=1 i=1

Where: § 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), according to paragraph (g)(5) of this ECPViACTUAL = Emissions from each Group 1 (b)(2)(ii), or (c)(1) located in the collection section. continuous process vent i subject to of process sections j within the affected EWWic = Emissions from each Group 1 § 63.1315 that is uncontrolled or is source if the applicable standard had been wastewater stream i if the reference control controlled to a level less stringent than the applied to the uncontrolled emissions. technology had been applied to the applicable reference control technology. ECPVSjSTD is calculated according to uncontrolled emissions. EWWic is ECPViACTUAL is calculated according to paragraph (g)(3) of this section. calculated according to paragraph (g)(5) of paragraph (g)(2) of this section. ESiACTUAL = Emissions from each Group 1 this section. (0.02)ECPViu = Emissions from each Group 1 storage vessel i that is uncontrolled or is EBPViACTUAL = Emissions from each Group 1 continuous process vent i subject to controlled to a level less stringent than the batch process vent i that is uncontrolled or § 63.1315 if the applicable reference applicable reference control technology or is controlled to a level less stringent than control technology had been applied to the standard. ESiACTUAL is calculated according the applicable standard. EBPVACTUAL is uncontrolled emissions. ECPViu is to paragraph (g)(4) of this section. calculated according to paragraph (g)(6) of calculated according to paragraph (g)(2) of (BL)ESiu = Emissions from each Group 1 this section. storage vessel i if the applicable reference this section. (0.10)EBPViu = Emissions from each Group 1 ECPVSjACTUAL = Emissions from Group 1 control technology or standard had been batch process vent i if the applicable continuous process vents subject to applied to the uncontrolled emissions. ESiu § 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), is calculated according to paragraph (g)(4) standard had been applied to the (b)(2)(ii), or (c)(1) located in the collection of this section. For calculating emissions, uncontrolled emissions. EBPViu is of process sections j within the affected BL = 0.05 for each Group 1 storage vessel calculated according to paragraph (g)(6) of source that are uncontrolled or controlled i subject to § 63.1314(a); and BL = 0.02 for this section. to a level less stringent than the applicable each storage vessel i subject to § 63.1314(c). EABViACTUAL = Emissions from each Group standard. ECPVSjACTUAL is calculated EWWiACTUAL = Emissions from each Group 1 1 aggregate batch vent stream i that is according to paragraph (g)(3) of this wastewater stream i that is uncontrolled or uncontrolled or is controlled to a level less section. is controlled to a level less stringent than stringent than the applicable standard. ECPVSjSTD = Emissions from Group 1 the applicable reference control EABPViACTUAL is calculated according to continuous process vents subject to technology. EWWiACTUAL is calculated paragraph (g)(7) of this section.

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(0.10)EABViu = Emissions from each Group 1 operating conditions. The values of Q and Cj shall be established in the aggregate batch vent stream i if the and Cj shall be established in the Notification of Compliance Status and applicable standard had been applied to Notification of Compliance Status and shall be updated as provided in the uncontrolled emissions. EABViu is shall be updated as provided in paragraph (g)(7)(ii)(B) of this section. calculated according to paragraph (g)(7) of this section. paragraph (g)(2)(ii)(B) of this section. * * * * * n = The number of emission points being * * * * * (h) * * * included in the emissions average. (7) * * * (1) Sourcewide credits shall be (2) * * * (ii) * * * calculated using Equation 35 of this (ii) * * * (A) The values of Q and Cj shall be subpart. Credits and all terms of (A) The values of Q and Cj shall be determined during a performance test Equation 35 of this subpart are in units determined during a performance test conducted under representative of megagrams per month, and the conducted under representative operating conditions. The values of Q baseline date is November 15, 1990:

n n = () − + − Credits D∑()0. 02 ECPV1iu ECPV 1iACTUAL D ∑() ECPVS1 jSTD ECPVS 1jACTUAL i=1j = 1

m m + − + − D∑()ECPV2iBASE ECPV2iACTUAL D ∑() ECPVS2 jBASE ECPVS 2 jACTUAL i=1j = 1

n m + () − + − D∑()BL ES1iu ES1iACTUAL D∑() ES2 iBASE ES 2 iACTUAL i=1 i=1 n m + − + − D∑()EWW1ic EWW1iACTUAL D ∑()EWW2iBASE EWW2iACTUAL i=1i = 1 n n + () − + () − D∑()0.. 10 EBPV1iu EBPV 1iACTUAL D ∑() 0 10 EABV1 iu EABV 1iACTUAL i=1i = 1 m m + − + − D∑()EBPV2iBASE EBPV2iACTUAL D∑() EABV2 iBASE EABV 2 iACTUAL [Eq. 35] i=1 i=1

Where: (b)(2)(ii), or (c)(1) located in the collection ES1iACTUAL is calculated according to D = Discount factor = 0.9 for all credit of process sections j within the affected paragraph (h)(4) of this section. generating emission points except those source that are controlled to a level more (BL)ES1iu = Emissions from each Group 1 controlled by a pollution prevention stringent than the applicable standard. storage vessel i if the applicable reference measure; discount factor = 1.0 for each ECPVS1jACTUAL is calculated according to control technology or standard had been credit generating emission point controlled paragraph (h)(3) of this section. applied to the uncontrolled emissions. by a pollution prevention measure (i.e., no ECPV2iACTUAL = Emissions from each Group ES1iu is calculated according to paragraph discount provided). 2 continuous process vent i subject to (h)(4) of this section. For calculating these ECPV1iACTUAL = Emissions for each Group 1 § 63.1315 that is controlled. ECPV2iACTUAL emissions, BL = 0.05 for each Group 1 continuous process vent i subject to is calculated according to paragraph (h)(2) storage vessel i subject to § 63.1314(a); and § 63.1315 that is controlled to a level more of this section. BL = 0.02 for each storage vessel i subject stringent than the reference control ECPV2iBASE = Emissions from each Group 2 to § 63.1314(c). technology. ECPV1iACTUAL is calculated continuous process vent i subject to ES2iACTUAL = Emissions from each Group 2 according to paragraph (h)(2) of this § 63.1315 at the baseline date. ECPV2iBASE storage vessel i that is controlled. section. is calculated according to paragraph (h)(2) ES2iACTUAL is calculated according to (0.02)ECPV1iu = Emissions from each Group of this section. paragraph (h)(4) of this section. 1 continuous process vent i subject to ECPVS2jBASE = Emissions from Group 2 ES2iBASE = Emissions from each Group 2 § 63.1315 if the applicable reference continuous process vents subject to storage vessel i at the baseline date. control technology had been applied to the § 63.1316(b)(1)(i) located in the collection ES2iBASE is calculated according to uncontrolled emissions. ECPV1iu is of material recovery sections j within the paragraph (h)(4) of this section. calculated according to paragraph (h)(2) of affected source at the baseline date. EWW1iACTUAL = Emissions from each Group this section. ECPVS2jBASE is calculated according to 1 wastewater stream i that is controlled to ECPVS1jSTD = Emissions from Group 1 paragraph (h)(3) of this section. a level more stringent than the reference continuous process vents subject to ECPVS2jACTUAL = Emissions from Group 2 control technology. EWW1iACTUAL is § 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), continuous process vents subject to calculated according to paragraph (h)(5) of (b)(2)(ii), or (c)(1) located in the collection § 63.1316(b)(1)(i) located in the collection this section. of process sections j within the affected of material recovery sections j within the EWW1ic = Emissions from each Group 1 source if the applicable standard had been affected source that are controlled. wastewater stream i if the reference control applied to the uncontrolled emissions. ECPVS2jACTUAL is calculated according to technology had been applied to the ECPVS1jSTD is calculated according to paragraph (h)(3) of this section. uncontrolled emissions. EWW1ic is paragraph (h)(3) of this section. ES1iACTUAL = Emissions from each Group 1 calculated according to paragraph (h)(5) of ECPVS1jACTUAL = Emissions from Group 1 storage vessel i that is controlled to a level this section. continuous process vents subject to more stringent than the applicable EWW2iACTUAL = Emissions from each Group § 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), reference control technology or standard. 2 wastewater stream i that is controlled.

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EWW2iACTUAL is calculated according to EABV1iACTUAL = Emissions from each Group n = Number of Group 1 emission points paragraph (h)(5) of this section. 1 aggregate batch vent stream i that is included in the emissions average. The EWW2iBASE = Emissions from each Group 2 controlled to a level more stringent than value of n is not necessarily the same for wastewater stream i at the baseline date. the applicable standard. EABV1iACTUAL is continuous process vents, batch process EWW2iBASE is calculated according to calculated according to paragraph (h)(7) of vents, aggregate batch vent streams, storage paragraph (h)(5) of this section. this section. vessels, wastewater streams, or the collection of process sections within the (0.10)EBPV1iu = Emissions from each Group EBPV2iBASE = Emissions from each Group 2 1 batch process vent i if the applicable batch process vent i at the baseline date. affected source. m = Number of Group 2 emission points standard had been applied to the EBPV2iBASE is calculated according to included in the emissions average. The uncontrolled emissions. EBPV1iu is paragraph (h)(6) of this section. value of m is not necessarily the same for calculated according to paragraph (h)(6) of EBPV2iACTUAL = Emissions from each Group continuous process vents, batch process this section. 2 batch process vent i that is controlled. vents, aggregate batch vent streams, storage EBPV1iACTUAL = Emissions from each Group EBPV2iACTUAL is calculated according to vessels, wastewater streams, or the 1 batch process vent i that is controlled to paragraph (h)(6) of this section. collection of process sections within the a level more stringent than the applicable EABV2iBASE = Emissions from each Group 2 affected source. standard. EBPV1iACTUAL is calculated aggregate batch vent stream i at the * * * * * according to paragraph (h)(6) of this baseline date. EABV2iBASE is calculated section. according to paragraph (h)(7) of this (6) * * * (0.10)EABV1iu = Emissions from each Group section. (ii) Actual emissions from Group 1 1 aggregate batch vent stream i if the EABV2iACTUAL = Emissions from each Group batch process vents controlled to a level applicable standard had been applied to 2 aggregate batch vent stream i that is more stringent than the standard the uncontrolled emissions. EABV1iu is controlled. EABV2iACTUAL is calculated (EBPV1iACTUAL) shall be calculated calculated according to paragraph (h)(7) of according to paragraph (h)(7) of this using Equation 40 of this subpart, where this section. section. percent reduction is for the batch cycle:

  = − Percent reduction EBPV1iACTUAL EBPV 1 iu  1  [.Eq S 40]  100% 

* * * * * part. If it is infeasible to obtain test data, the reference control technology and the (7) * * * documentation may include a design different control technology will be (ii) Actual emissions from Group 1 evaluation and calculations. The used in no more than three applications aggregate batch vent streams controlled engineering basis of the calculation at a single plant site, the owner or to a level more stringent than the procedures and all inputs and operator shall submit the information standard (EABV1iACTUAL) shall be assumptions made in the calculations listed in paragraphs (i)(1)(i) through calculated using Equation 43 of this shall be documented. (i)(1)(iv) of this section, as specified in subpart: * * * * * § 63.1335(e)(7)(ii), to the Administrator. [Equation 43 is unchanged.] (2) The Administrator shall determine (i) In these instances, use and * * * * * within 120 days whether an application conditions for use of the control (i) * * * presents sufficient information to technology may be approved by the (1) In those cases where the owner or determine nominal efficiency. The permitting authority as part of an operator is seeking permission to take Administrator reserves the right to operating permit application or credit for use of a control technology request specific data in addition to the modification. The permitting authority that is different in use or design from items listed in paragraph (i)(1) of this shall follow the procedures specified in the reference control technology, and section. paragraphs (i)(2) through (i)(4) of this the different control technology will be (3) The Administrator shall determine section except that, in these instances, used in more than three applications at within 120 days of the submittal of a Federal Register notice is not required a single plant-site, the owner or operator sufficient data whether a control to establish the nominal efficiency for shall submit the information specified technology shall have a nominal the different technology. in paragraphs (i)(1)(i) through (i)(1)(iv) efficiency and the level of that nominal * * * * * of this section, as specified in efficiency. If, in the Administrator’s (j) * * * § 63.1335(e)(7)(ii), to the Director of the judgment, the control technology (2) The emission reduction efficiency EPA Office of Air Quality Planning and achieves a level of emission reduction of pollution prevention measures Standards in writing: greater than the reference control implemented after November 15, 1990, * * * * * technology for a particular kind of may be used in calculating the actual emission point, the Administrator will (iii) Documentation demonstrating to emissions from an emission point in the publish a Federal Register notice the Administrator’s satisfaction the debit and credit equations in paragraphs establishing a nominal efficiency for the control efficiency of the control (g) and (h) of this section. control technology. technology. This may include * * * * * performance test data collected using an * * * * * (ii) * * * appropriate EPA Method or any other (5) In those cases where the owner or (B) For wastewater, EB shall be method validated according to Method operator is seeking permission to take calculated using Equation 47 of this 301, 40 CFR part 63, appendix A, of this credit for use of a control technology subpart: that is different in use or design from

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n  S  − E=∑ ()6. 0 ∗ 10 8 Q H∑ Fe HAP  [Eq. 47] B Bi Bi m Bim  i=1  m=1 

Where: (v) For the purposes of the equations (4) A hazard or risk equivalency n = Number of wastewater streams. in paragraphs (h)(2) through (h)(7) of demonstration shall: QBi = Annual average flow rate for this section used to calculate credits for * * * * * wastewater stream i before the pollution emission points controlled more prevention measure, defined and (l) For periods of parameter determined according to § 63.144(c)(3), stringently than the reference control monitoring excursions, an owner or liters per minute, before implementation of technology or standard, the nominal operator may request that the provisions the pollution prevention measure. efficiency of a pollution prevention of paragraphs (l)(1) through (l)(4) of this HBi = Number of hours per month that measure is equivalent to the percent section be followed instead of the wastewater stream i was discharged before reduction of the pollution prevention procedures in paragraphs (f)(2)(i) and the pollution prevention measure, hours measure. When a pollution prevention (f)(2)(ii) of this section. per month. measure is used, the owner or operator * * * * * s = Total number of organic HAP in wastewater stream i. of an affected source is not required to 27. Amend § 63.1335 by revising Fem = Fraction emitted of organic HAP m in apply to the Administrator for a paragraph (e)(4)(ii)(L)(1), to read as wastewater from Table 34 of subpart G of nominal efficiency and is not subject to follows: this part, dimensionless. paragraph (i) of this section. § 63.1335 General recordkeeping and HAPBim = Annual average concentration of (k) The owner or operator shall reporting provisions. organic HAP m in wastewater stream i, defined and determined according to demonstrate that the emissions from the * * * * * paragraph § 63.150(g)(5)(i) of this section, emission points proposed to be (e) * * * before the pollution prevention measure, included in the emissions average will (4) * * * parts per million by weight, as measured not result in greater hazard or, at the (ii) * * * before the implementation of the pollution option of the Administrator, greater risk (L) * * * measure. to human health or the environment (1) The required documentation shall * * * * * than if the emission points were include the data used to determine (iv) The same pollution prevention controlled according to the provisions whether the wastewater stream is a measure may reduce emissions from in §§ 63.1314, 63.1315, 63.1316 through Group 1 or Group 2 wastewater stream. multiple emission points. In such cases, 63.1320, 63.1321, and 63.1330. * * * * * the percent reduction in emissions for * * * * * 28. Revise Tables 3 and 5 to subpart each emission point shall be calculated. JJJ of Part 63, to read as follows:

* * * * *

TABLE 3 OF SUBPART JJJ.ÐGROUP 1 STORAGE VESSELS AT EXISTING AFFECTED SOURCES PRODUCING THE LISTED THERMOPLASTICS

Vessel ca- Vapor pres- Thermoplastic Chemical a pacity (cubic sure b meters) (kilopascals)

ASA/AMSAN c ...... styrene/acrylonitrile mixture ...... ≥ 3.78 ≥ 0.47 acrylonitrile ...... ≥ 75.7 ≥ 1.62 Polystyrene, continuous processes ...... all chemicals ...... <75.7 ≥ 14.2 ≥ 75.7 ≥ 1.9 Nitrilec ...... acrylonitrile ...... ≥ 13.25 ≥ 1.8 a Vessel capacity and vapor pressure criteria are specific to the listed chemical or to ``all chemicals,'' as indicated. b Maximum true vapor pressure of total organic HAP at storage temperature. c The applicability criteria in Table 2 of this subpart shall be used for chemicals not specifically listed in this table (i.e., Table 3). * * * * *

TABLE 5 OF SUBPART JJJ.ÐGROUP 1 STORAGE VESSELS AT NEW AFFECTED SOURCES PRODUCING THE LISTED THERMOPLASTICS

b a Vessel capacity Vapor pressure Thermoplastic Chemical (cubic meters) (kilopascals)

ASA/AMSAN c ...... Styrene/ acrylonitrile mixture ...... ≥ 3.78 ...... ≥ 0.47 Acrylonitrile ...... ≥ 75.7 ...... ≥ 1.62 SAN, continuous d ...... All chemicals ...... ≥ 2,271 ...... ≥ 0.5 and < 0.7 < 151 ...... ≥ 10 ≥ 151 ...... ≥ 0.7 Nitrile c ...... Acrylonitrile ...... ≥ 13.25 ...... ≥ 1.8 Polystyrene, continuous processes ...... All chemicals ...... ≥ 19.6 and <45.4 ...... ≥ 7.48 ≥ 45.4 and <109.8 ..... ≥ 0.61 ≥ 109.8 ...... ≥ 0.53

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TABLE 5 OF SUBPART JJJ.ÐGROUP 1 STORAGE VESSELS AT NEW AFFECTED SOURCES PRODUCING THE LISTED THERMOPLASTICSÐContinued

b a Vessel capacity Vapor pressure Thermoplastic Chemical (cubic meters) (kilopascals)

ABS, continuous mass ...... Styrene ...... ≥ 45.43 ...... ≥ 0.078 All other chemicals ...... ≥ 38 and < 45.43 ...... ≥ 13.1 ≥ 45.43 ...... ≥ 0.53 a Vessel capacity and vapor pressure criteria are specific to the listed chemical, to ``all chemicals,'' or to ``all other chemicals,'' as indicated. b Maximum true vapor pressure of total organic HAP at storage temperature. c The applicability criteria in Table 4 of this subpart shall be used for chemicals not specifically listed in this table (i.e., Table 5). d The control level for the first two sets of applicability criteria are specified in 63.1314 as 90% and 98%, respectively. The control level for the third set of applicability criteria is the HON control level of 95%.

* * * * * [FR Doc. 99–3799 Filed 3–8–99; 8:45 am] BILLING CODE 6560±50±P

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ENVIRONMENTAL PROTECTION making clarifications in all of the above- 401 M Street, SW, Washington, DC AGENCY mentioned rulemakings. 20460. The EPA requests that a separate DATES: Comments. Comments must be copy also be sent to the contact person 40 CFR Parts 60 and 63 received on or before April 8, 1999, listed below (see FOR FURTHER unless a hearing is requested by March INFORMATION CONTACT). Comments may [AD±FRL±6301±5] 19, 1999. If a hearing is requested, also be submitted electronically by written comments must be received by following the instructions provided in RIN 2060±AH±47 April 23, 1999. SUPPLEMENTARY INFORMATION. Public Hearing. If anyone contacts the Docket. Docket numbers A–92–44 and National Emission Standards for EPA requesting to speak at a public A–92–45, containing information Hazardous Air Pollutants Emissions: hearing by March 19, 1999, a public relevant to this proposed rulemaking, Group I Polymers and Resins and hearing will be held in Research are available for public inspection Group IV Polymers and Resins and Triangle Park, North Carolina, beginning between 8 a.m. and 5:30 p.m., Monday Standards of Performance for Volatile at 10 a.m. on March 23, 1999. Persons through Friday (except for Federal Organic Compound (VOC) Emissions interested in attending the hearing holidays) at the following address: U.S. From the Polymer Manufacturing should call Ms. Marguerite Thweatt at Environmental Protection Agency, Air Industry (919) 541–5673 to verify that a hearing and Radiation Docket and Information AGENCY: Environmental Protection will be held. Center (MC–6102), 401 M Street, SW, Agency (EPA). Request to Speak at Hearing. Persons Washington, DC 20460, telephone: (202) wishing to present oral testimony must 260–7548. The docket is located at the ACTION: Proposed rule. contact EPA by March 19, 1999 by above address in Room M–1500, SUMMARY: On September 5, 1996, the contacting Ms. Marguerite Thweatt, Waterside Mall (ground floor). A EPA issued the National Emission Organic Chemicals Group (MD–13), U.S. reasonable fee may be charged for Standards for Hazardous Air Pollutants Environmental Protection Agency, copying. (NESHAP) for Group I Polymers and Research Triangle Park, North Carolina FOR FURTHER INFORMATION CONTACT: Mr. Resins (61 FR 46906); on September 12, 27711, telephone number (919) 541– Robert E. Rosensteel, Organic Chemicals 1996, the EPA issued the Group IV 5673. Group, Emission Standards Division Polymers and Resins NESHAP (61 FR ADDRESSES: Comments. Comments (MD–13), U.S. Environmental Protection 48208); and on December 11, 1990, the should be submitted (in duplicate, if Agency, Research Triangle Park, North EPA issued the Standards of possible) to: Air and Radiation Docket Carolina 27711, telephone number (919) Performance for Volatile Organic and Information Center (6102), 541–5608. Compound (VOC) Emissions from the Attention Docket Number A–92–44 SUPPLEMENTARY INFORMATION: Polymer Manufacturing Industry (55 FR (Group I Polymers and Resins) and/or 51035). This action proposes to revise Docket Number A–92–45 (Group IV Regulated Entities the promulgated rules by adding Polymers and Resins), Room M–1500, The regulated category and entities provisions, correcting errors, and U.S. Environmental Protection Agency, affected by this action include:

Category Examples of regulated entities

Industry ...... Butyl Rubber, Halobutyl Rubber, Epichlorohydrin Elastomer, Ethylene Propylene Rubber, Hypalon TM, Neoprene, Nitrile Butadiene Rubber, Nitrile Butadiene Latex, Polybutadiene Rubber, Styrene-Butadiene Rubber or Latex, Acrylonitrile Butadiene Styrene Resin, Styrene Acrylonitrile Resin, Methyl Methacrylate Acrylonitrile Butadiene Styrene Resin, Methyl Methacrylate Butadiene Styrene Resin, Poly(ethylene terephthalate) Resin, Polystyrene Resin, and Nitrile Resin producers.

This table is not intended to be available in Docket Numbers A–92–44 electronic form by the docket numbers exhaustive but, rather, provides a guide and A–92–45 or by request from the A–92–44 and/or A–92–45. No for readers likely to be interested in the EPA’s Air and Radiation Docket and Confidential Business Information (CBI) revisions to the regulations affected by Information Center (see ADDRESSES). should be submitted through electronic this action. To determine whether your These documents can also be accessed mail. Electronic comments may be filed facility is regulated by this action, you through the EPA web site at: http:// online at many Federal Depository should carefully examine all of the www.epa.gov/ttn/oarpg. For further Libraries. applicability criteria in the promulgated information and general questions versions of subpart U and JJJ (61 FR regarding the Technology Transfer If no relevant, adverse comments are 46906 and 61 FR 48208, respectively), Network (TTN), call Mr. Hersch Rorex, timely received, no further activity is as well as in the proposed amendments (919) 541–5637; or Mr. Phil Dickerson, contemplated in relation to this to the applicability sections (§§ 63.480 (919) 541–4814. proposed rule, and the direct final rule in the final rules section of this Federal and 63.1310). If you have any questions Electronic comments and data may be regarding the applicability of this submitted by sending electronic mail (e- Register will automatically go into effect proposal to a particular entity, consult mail) to: a-and-r- on the date specified in that rule. If the person listed in the preceding FOR [email protected]. Submit relevant adverse comments are timely FURTHER INFORMATION CONTACT section. comments as an ASCII file, avoiding the received, the direct final rule will be withdrawn and all public comments Electronic Access and Filing Addresses use of special characters and any form of encryption. Comments and data will received will be addressed in a This proposal, its accompanying also be accepted on diskette in Word subsequent final rule. Because the EPA Direct Final Rule, the promulgated texts, Perfect 5.1 or 6.1 or ACSII file format. will not institute a second comment and other background information are Identify all comments and data in period on this proposed rule, any

VerDate 03-MAR-99 14:17 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP2.XXX pfrm01 PsN: 09MRP2 11556 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules parties interested in commenting should a mandate upon a State, local or tribal significantly or uniquely affect their do so during this comment period. government, unless the Federal communities.’’ For further supplemental information government provides the funds Today’s proposed do not significantly and the rule provisions, see the necessary to pay the direct compliance or uniquely affect the communities of information provided in the direct final costs incurred by those governments, or Indian tribal governments. These rule in the final rules section of this EPA consults with those governments. If amendments do not impose any duties Federal Register. EPA complies by consulting, Executive or compliance costs on Indian tribal Order 12875 requires EPA to provide to governments. Further, the proposed Administrative Requirements the Office of Management and Budget a amendments provided herein do not I. Docket description of the extent of EPA’s prior significantly alter the control standards imposed by subpart U or subpart JJJ for The docket is an organized and consultation with representatives of affected State, local and tribal any source, including any that may complete file of all the information affect communities of the Indian tribal considered by the EPA in the governments, the nature of their concerns, copies of any written governments. Accordingly, the development of a rule. The docket is a requirements of section 3(b) of dynamic file, because material is added communications from the governments, and a statement supporting the need to Executive Order 13084 do not apply to throughout the rulemaking these proposed amendments. development. The docketing system is issue the regulation. In addition, intended to allow members of the public Executive Order 12875 requires EPA to V. Unfunded Mandates Reform Act develop an effective process permitting and industries involved to readily Section 202 of the Unfunded identify and locate documents so that elected officials and other representatives of State, local and tribal Mandates Reform Act of 1995 (UMRA), they can effectively participate in the requires that the Agency prepare a governments ‘‘to provide meaningful rulemaking process. Along with the budgetary impact statement before and timely input in the development of proposed and promulgated standards promulgating a rule that includes a regulatory proposals containing and their preambles, the contents of the Federal mandate that may result in significant unfunded mandates.’’ docket will serve as the record in the expenditure by State, local, and tribal case of judicial review. (See section Today’s proposed amendments do not governments, in the aggregate, or by the 307(d)(7)(A) of the Act.) create a mandate on State, local or tribal private sector, of more than $100 governments. These proposed II. Executive Order 12866 million in any one year. Section 203 amendments do not impose any requires the Agency to establish a plan Under Executive Order 12866 (58 FR enforceable duties on these entities. for obtaining input from and informing, 51735, October 4, 1993), the EPA must Accordingly, the requirements of educating, and advising any small submit to the Office of Management and section 1(a) of Executive Order 12875 do governments that may be significantly Budget (OMB) for review significant not apply to these proposed or uniquely affected by the rule. regulatory actions. The Executive Order amendments. The EPA has determined that this defines ‘‘significant regulatory action’’ IV. Executive Order 13084: Consultation proposal does not include a Federal as one that OMB determines is likely to and Coordination With Indian Tribal mandate that may result in estimated result in a rule that may: Governments costs of, in the aggregate, $100 million (1) Have an annual effect on the or more to either State, local, or tribal economy of $100 million or more or Under Executive Order 13084, the governments in the aggregate, or to the adversely affect in a material way the EPA may not issue a regulation that is private sector, and that this proposal economy, a sector of the economy, not required by statute, that does not significantly or uniquely productivity, competition, jobs, the significantly or uniquely affects the impact small governments, because it environment, public health or safety, or communities of Indian tribal contains no requirements that apply to State, local, or Tribal governments or governments, and that imposes such governments or impose obligations communities; substantial direct compliance costs on upon them. The EPA has not prepared (2) Create a serious inconsistency or those communities, unless the Federal a budgetary impact statement or otherwise interfere with an action taken government provides the funds specifically addressed the selection of or planned by another agency; necessary to pay the direct compliance the least costly, most cost-effective, or (3) Materially alter the budgetary costs incurred by the tribal least burdensome alternative. In impact of entitlements, grants, user fees, governments, or EPA consults with addition, because small governments or loan programs, or the rights and those governments. If EPA complies by will not be significantly or uniquely obligations of recipients thereof; or consulting, Executive Order 13084 affected by this rule, the Agency is not (4) Raise novel legal or policy issues requires EPA to provide to the Office of required to develop a plan with regard arising out of legal mandates, the Management and Budget, in a separately to small governments. Therefore, the President’s priorities, or the principles identified section of the preamble to the requirements of the Unfunded Mandates set forth in the Executive Order. rule, a description of the extent of EPA’s Act do not apply to this proposal. It has been determined that this prior consultation with representatives proposal does not qualify as a of affected tribal governments, a VI. Regulatory Flexibility ‘‘significant regulatory action’’ under summary of the nature of their concerns, The Regulatory Flexibility Act (RFA) the terms of Executive Order 12866 and, and a statement supporting the need to generally requires an agency to conduct therefore, is not subject to review by the issue the regulation. In addition, a regulatory flexibility analysis of any Office of Management and Budget. Executive Order 13084 requires the EPA rule subject to notice and comment to develop an effective process rulemaking requirements unless the III. Executive Order 12875: Enhancing permitting elected officials and other agency certifies that the rule will not Intergovernmental Partnerships representatives of Indian tribal have a significant economic impact on Under Executive Order 12875, the governments ‘‘to provide meaningful a substantial number of small entities. EPA may not issue a regulation that is and timely input in the development of Small entities include small business, not required by statute and that creates regulatory policies on matters that small not-for-profit enterprises, and

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ENVIRONMENTAL PROTECTION National Emission Standards for and Information Center (6102), AGENCY Hazardous Air Pollutants (NESHAP) Attention Docket Number A–92–44 (hereafter referred to as the ‘‘HON’’) (Group I Polymers and Resins) and/or 40 CFR Part 63 which is heavily referenced by both the Docket Number A–92–45 (Group IV Polymers and Resins I and IV NESHAP, Polymers and Resins), Room M–1500, [AD±FRL±6301±4] were promulgated. These proposed U.S. Environmental Protection Agency, RIN 2060±AH±47 and 2060±AE81 amendments will update cross- 401 M Street, SW, Washington, DC references and other terminology, as 20460. The EPA requests that a separate National Emission Standards for necessitated by the HON amendments, copy also be sent to the contact person Hazardous Air Pollutant Emissions: and will incorporate parallel changes to listed below (see FOR FURTHER Group I Polymers and Resins; National those made in the HON, in sections of INFORMATION CONTACT). Comments may Emission Standards for Hazardous Air the Polymers and Resins I and IV also be submitted electronically by Pollutant Emissions: Group IV NESHAP which were originally following the instructions provided in Polymers and Resins; and National modeled after the HON. In addition, the SUPPLEMENTARY INFORMATION. Emission Standards for Hazardous Air proposed amendments to subpart U in Docket. Docket numbers A–92–44 and Pollutants for Polyether Polyols this action apply to the Polyether A–92–45, containing information Production Polyols Production NESHAP (subpart relevant to these proposed amendments, PPP) insofar as subpart PPP cross- are available for public inspection AGENCY: Environmental Protection references requirements found in between 8 a.m. and 5:30 p.m., Monday Agency (EPA). subpart U. through Friday (except for Federal ACTION: Proposed rule; Amendments. DATES: Comments. The EPA will accept holidays) at the following address: U.S. Environmental Protection Agency, Air SUMMARY: On September 5, 1996 (61 FR comments regarding this proposal on or 46906) and September 12, 1996 (61 FR before May 10, 1999. and Radiation Docket and Information 48208), the EPA promulgated the Public Hearing. If anyone contacts the Center (MC–6102), 401 M Street, SW, ‘‘National Emission Standards for EPA requesting to speak at a public Washington, DC 20460. Alternatively, a Hazardous Air Pollutants: Group I hearing by March 24, 1999, a public docket index, as well as individual Polymers and Resins,’’ (40 CFR part 63, hearing will be held in Research items contained within the docket, may subpart U) and the ‘‘National Emission Triangle Park, North Carolina, beginning be obtained by calling (202) 260–7548 or Standards for Hazardous Air Pollutants: at 10 a.m. on April 8, 1999. Persons (202) 260–7549. The docket is located at Group IV Polymers and Resins,’’ (40 interested in attending the hearing the above address in Room M–1500, CFR part 63, subpart JJJ), respectively. In should call Ms. Marguerite Thweatt at Waterside Mall (ground floor). A December 1996, petitions for review of (919) 541–5673 to verify that a hearing reasonable fee may be charged for the September 1996 Polymers and will be held. copying. Resins I and IV rules were filed in the Request to Speak at Hearing. Persons FOR FURTHER INFORMATION CONTACT: Mr. U.S. Court of Appeals for the District of wishing to present oral testimony must Robert E. Rosensteel, Organic Chemicals Columbia Circuit. The petitioners raised contact EPA by March 24, 1999 by Group, Emission Standards Division over 280 technical issues and concerns contacting Ms. Marguerite Thweatt, (MD–13), U.S. Environmental Protection with the drafting clarity of these rules. Organic Chemicals Group (MD–13), U.S. Agency, Research Triangle Park, North This action proposes correcting Environmental Protection Agency, Carolina 27711, telephone number (919) amendments to these rules to address Research Triangle Park, North Carolina 541–5608. the petitioners’ issues and any other 27711, telephone number (919) 541– SUPPLEMENTARY INFORMATION: inconsistencies that were discovered 5673. Regulated Entities during the review process. In addition, ADDRESSES: Comments. Comments on January 17, 1997 (62 FR 2722), should be submitted (in duplicate, if The regulated category and entities amendments to the hazardous organic possible) to: Air and Radiation Docket affected by this action include:

Category Examples of regulated entities

Industry ...... Butyl Rubber, Halobutyl Rubber, Epichlorohydrin Elastomer, Ethylene Propylene Rubber, Hypalon TM, Neoprene, Nitrile Butadiene Rubber, Nitrile Butadiene Latex, Polybutadiene Rubber, Styrene-Butadiene Rubber or Latex, Acrylonitrile Butadiene Styrene Resin, Styrene Acrylonitrile Resin, Methyl Methacrylate Acrylonitrile Butadiene Styrene Resin, Methyl Meth- acrylate Butadiene Styrene Resin, Poly(ethylene terephthalate) Resin, Polystyrene Resin, and Nitrile Resin producers.

This table is not intended to be and 63.1310) contained in this proposal. or by request from the EPA’s Air and exhaustive, but rather provides a guide If you have any questions regarding the Radiation Docket and Information for readers likely to be interested in the applicability of these amendments to a Center (see ADDRESSES). These revisions to the regulations affected by particular entity, consult the person documents can also be accessed through this action. To determine whether your listed in the preceding FOR FURTHER the EPA web site at: http:// facility is regulated by this action, you INFORMATION CONTACT section. www.epa.gov/ttn/oarpg. For further information and general questions should carefully examine all of the Electronic Access and Filing Addresses applicability criteria in the promulgated regarding the TTN, call Mr. Hersch versions of subpart U and JJJ (61 FR These proposed amendments, the Rorex (919) 541–5637 or Mr. Phil 46906 and 61 FR 48208, respectively), promulgated texts, and other Dickerson (919) 541–4814. as well as in the proposed amendments background information are available in Electronic comments and data may be to the applicability sections (§§ 63.480 Docket Numbers A–92–44 and A–92–45 submitted by sending electronic mail (e-

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11561 mail) to: a-and-r- Federal Register notices for more petitions for review of the promulgated [email protected]. Submit information: January 14, 1997 (62 FR Polymers and Resins I and IV NESHAP comments as an ASCII file, avoiding the 1835), which extended the equipment in the U.S. Court of Appeals for the use of special characters and any form leaks compliance date for both rules; District of Columbia Circuit, The Dow of encryption. Comments and data will June 6, 1997 (62 FR 30993), which Chemical Company v. EPA, 96–1417 also be accepted on diskette in Word extended the compliance date for and 96–1421 (D.C. Cir.). Dow raised Perfect 5.1 or 6.1 or ACSII file format. equipment leaks at poly(ethylene over 280 technical issues on the rules’ Identify all comments and data in terephthalate) resin (PET) affected structure and applicability, including electronic form by the docket numbers sources; July 15, 1997 (62 FR 37720), questions about the applicability of the A–92–44 and/or A–92–45. No which made minor corrections and HON amendments to subparts U and JJJ. Confidential Business Information (CBI) clarifications to the rules; February 27, Issues were raised regarding details of should be submitted through electronic 1998 (63 FR 9944), which corrected the the technical requirements, drafting mail. Electronic comments may be filed effective date of subpart JJJ (Group IV clarity, and structural errors in the online at many Federal Depository Polymers and Resins) by changing it to Libraries. February 27, 1998; in keeping with drafting of certain sections of the rules. The EPA solicits comment on the sections 801 and 808 of the In addition, on December 6, 1996, the specific revisions to the Polymers and Congressional Review Act, changed the Union Carbide Corporation filed a Resins Group I and IV rule revisions compliance dates for new affected petition for review of the promulgated that are described below and proposed sources to February 27, 1998, and Polymers and Resins I NESHAP in the today. The EPA is not seeking comment changed the compliance date once again U.S. Court of Appeals for the District of on portions of the two rules that the for the equipment leak requirements in Columbia Circuit, Union Carbide Agency is not currently proposing to subpart JJJ, to February 27, 1998; and Corporation v. EPA, 96–1413 and change. March 31, 1998 (63 FR 15312), which Consolidated Cases (D.C. Cir.). Today’s proposed amendments address the I. Background on Rules provided a temporary compliance extension until February 27, 2001 for issues raised by Dow on the On September 5, 1996 (61 FR 46906) existing affected sources producing promulgated Polymers and Resins I and and September 12, 1996 (61 FR 48208), poly(ethylene terephthalate) (PET) using IV NESHAP, and the issues raised by the EPA issued the ‘‘National Emission the continuous terephthalic acid (TPA) Union Carbide on the promulgated Standards for Hazardous Air Pollutants: high viscosity multiple end finisher Polymers and Resins I NESHAP, and Group I Polymers and Resins,’’ (40 CFR process. include corrections and clarifications to part 63, subpart U) and the ‘‘National One of the main purposes of today’s ensure that these rules are implemented Emission Standards for Hazardous Air action is to incorporate the concepts and as intended. Today’s proposed Pollutants: Group IV Polymers and new references related to the amendments also provide some new Resins,’’ (40 CFR part 63, subpart JJJ), promulgated HON amendments and to respectively. On August 26, 1996 (61 FR provisions that would reduce the propose changes related to settlement burden associated with the 43698), just prior to the promulgation of negotiations with industry. It is recordkeeping and reporting subparts U and JJJ, the EPA proposed important to note that the provisions of requirements of these rules. For amendments to the hazardous organic subparts U and JJJ that cross-reference NESHAP (HON), which subparts U and the HON (or any other regulation) refer example, as proposed §§ 63.506(a)(1) JJJ both reference and were modeled to the most recent, promulgated and (a)(2) and 63.1335(a)(1) and (a)(2) after, due to similarities in Hazardous versions of those rules. In a recent allow records older than 6 months to be Air Pollutant (HAP) emissions and rulemaking, on January 17, 1997 (62 FR stored off-site, and no longer require emission controls at affected sources 2722), the EPA promulgated owners and operators to keep copies of covered by all three rules. amendments to the HON, including reports that have already been As a result, on November 25, 1996 (61 amendments to portions of the HON submitted to the EPA Regional Office. FR 59849), the EPA published an that subparts U and JJJ reference. This last change is being proposed so Advance Notice of Proposed Those HON amendments that are that owners and operators that have Rulemaking (ANPR) informing the incorporated by reference into subparts misplaced copies of reports that have public of the EPA’s intent to propose U and JJJ are considered to apply to also been submitted to the EPA are not amendments to both the Group I and subpart U and JJJ affected sources. In considered to be in violation of the Group IV Polymers and Resins NESHAP addition, should the EPA propose future rules. as well. The amendments referred to in amendments to the HON or other that ANPR include the amendments regulations cross-referenced in subparts II. Regulatory Amendments proposed by today’s action, which were U and JJJ (e.g., the NESHAP for Source This section of this preamble will first necessitated by the amendments to the Categories: General Provisions, 40 CFR present a general overview of the types HON, due to cross-reference changes. part 63, subpart A), the most recent, of changes that the EPA is proposing to Because subparts U and JJJ were both promulgated versions of those rules will modeled after the HON, the EPA be considered to apply subpart U and JJJ make to subparts JJJ and U. Following determined that many of the affected sources whenever subpart U that overview, a section-by-section amendments that had been made to the and JJJ directly cross-reference those approach has been taken, describing the HON would also be appropriate for regulations. Public comments should be EPA’s proposed changes, down to the subparts U and JJJ. The EPA has already submitted at the time of the proposal of subparagraph level, where deemed published several amendments to clarify any such amendments, if owners or appropriate. Parallel sections in various aspects of the Group I and operators have concerns about how subparts U and JJJ (e.g., §§ 63.480 and Group IV Polymers and Resins those amendments may affect the 63.1310) are first addressed together, NESHAP, in part due to the HON application of subparts U and JJJ to their and then proposed changes that are amendments, which were promulgated sources. unique to one rule or the other are on January 17, 1997 (62 FR 2722). On November 4, 1996 the Dow described, for each section of the rules, Readers should see the following Chemical Company (‘‘Dow’’) filed as necessary.

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A. Overview of Proposed Changes maintenance wastewater, and made appropriate for Polymers and Resins I 1. HON Changes Directly Incorporated minor edits to other sections of the rule. and IV sources. The EPA therefore For those HON provisions directly proposes that the HON amendments be As mentioned previously, on January referenced in subparts U and JJJ (see incorporated into the Polymers and 17, 1997 (62 FR 2722), the EPA Table 1), the promulgated HON Resins I and IV rules, with the promulgated revisions to the HON rule. amendments also apply to affected exceptions proposed in this notice. For Those revisions to the HON made Polymers and Resins I and IV sources. more detailed rationale regarding the significant changes to the requirements The EPA has evaluated the HON HON amendments, see the preamble in for process wastewater, heat exchange systems, certain liquid streams in open amendments and has determined, with the Federal Register notice that systems within a chemical the proposed exceptions noted in this proposed the HON amendments (61 FR manufacturing process unit, and action, that the HON amendments are 43698, August 26, 1996).

TABLE 1.ÐHON SECTIONS DIRECTLY REFERENCED IN SUBPARTS U AND JJJ

HON section Subpart U section that ref- Subpart JJJ section that ref- referenced Description of referenced provisions erences HON erences HON

§§ 63.101, 63.111, & 63.161 .... Definitions ...... § 63.482(a) ...... § 63.1312(a) § 63.104 ...... Heat Exchange Systems ...... § 63.502(k) ...... § 63.1328 § 63.105 ...... Maintenance Wastewater ...... § 63.501 ...... § 63.1330 §§ 63.113±118 ...... Process Vents ...... § 63.485 ...... § 63.1315 §§ 63.119±123 ...... Storage Vessels ...... § 63.484 ...... § 63.1314 §§ 63.131±149 ...... Wastewater ...... § 63.501 ...... § 63.1330 § 63.150(g)(3), (g)(5), (h)(3), & Emissions Averaging provisions for storage § 63.503(g)(3), (g)(5), (h)(3), & § 63.1332(g)(4), (g)(5), (h)(4), (h)(5). vessels & wastewater. (h)(5). & (h)(5) §§ 63.160±182 ...... Equipment Leaks ...... § 63.502(a)-(j) ...... § 63.1331

2. Changes to P&R Sections That Were 4. Clarifyin and Cross-Referencing equipment) that must follow the rule Modeled After the HON Changes provisions. Many clarifying and cross-referencing In the promulgated version of subpart For the same reason that, after U, in particular, there were also several thorough evaluation, the EPA had changes were needed in subparts U and JJJ, partly as a result of the previously places in which an appendix to a 40 originally chosen to model subparts U CFR part 60 or 63 subpart was and JJJ after the HON (i.e., due to the discussed amendments to the HON (because those amendments included referenced, without the complete similarities in HAP emissions and citation being given. The EPA proposes emission controls amongst HON both terminology changes and changes in the location of specific provisions). to correct all such instances in these affected sources and affected elastomers amendments, as well. Grammatical and thermoplastics sources; see the In particular, the wastewater provisions in both subparts U and JJJ corrections (such as changing ‘‘can’’ to proposal preambles for subparts U and required a substantial number of ‘‘may,’’ where appropriate) are also JJJ, 60 FR 30801, 6/12/95, and 60 FR changes, in order to smoothly being proposed in these amendments. 16090, 3/29/95, respectively), the EPA is incorporate the numerous changes to Other minor, global changes include: proposing amendments to subparts U • the wastewater provisions in the HON. Changing the term ‘‘control device’’ and JJJ which will make parallel Similar changes were necessary in the to ‘‘halogen reduction device,’’ where changes to these rules based on the other sections of the rule that directly necessary. HON amendments. • Changing ‘‘must’’ to ‘‘shall,’’ for the reference HON provisions (e.g., sake of consistency throughout both 3. Litigation-Based Changes §§ 63.485 and 63.1315). In addition, a ‘‘snowball’’ effect rules. The following sections describe the As was mentioned in the inevitably occurred as other provisions proposed changes to each section of ‘‘Background’’ section of this preamble, in subparts U and JJJ were amended, subparts U and JJJ for which on November 4, 1996 the Dow Chemical requiring additional cross-reference amendments are being considered. Company filed petitions for review of changes and updates throughout both Changes that are being made to both the promulgated Polymers and Resins I rules. For the most part, these cross- subparts U and JJJ are described in and IV NESHAP in the U.S. Court of reference changes need little or no unison. Appeals for the District of Columbia explanation. A few of the cross- Circuit, The Dow Chemical Company v reference changes are corrections of B. Applicability— Proposed Changes to EPA, 96–1417 and 96–1421 (D.C. Cir.); errors that occurred at promulgation. §§ 63.480 and 63.1310 and on December 6, 1996, the Union Additional changes are being Carbide Corporation filed a petition for proposed for the sake of clarity and 1. Changes Common to Polymers and review of the promulgated Polymers and specificity throughout both rules. For Resins I and IV Resins I NESHAP in the U.S. Court of example, in several places, the Sections 63.480(a)(1) through (4) and Appeals for the District of Columbia promulgated language implied that 63.1310(a)(1) through (4). The EPA is Circuit, Union Carbide Corporation v inanimate objects (e.g., equipment) proposing to restructure these EPA, 96–1413 and Consolidated Cases would have to follow the rule paragraphs in order to provide a better (D.C. Cir.). Many of today’s proposed provisions. In these proposed description of what constitutes an amendments address the technical amendments, the EPA has made an ‘‘affected source,’’ an ‘‘existing affected issues and areas in need of clarification effort to correct this problem throughout source,’’ and a ‘‘new affected source.’’ that were identified during the litigation both rules, by always stating that it is The EPA is proposing to add a sentence settlement process. the ‘‘owner or operator’’ (and not the to the end of §§ 63.480(a)(3) and

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63.1310(a)(3), clarifying that affected source), the EPA believes that water from testing of deluge systems, §§ 63.480(a)(3)(i) and 63.1310(a)(3)(i) an explicit statement of this nature and water from testing of firefighting exclusively describe ‘‘brand new’’ helps clarify the applicability of this systems. production sites (i.e., ‘‘greenfield’’ sites). rule. Sections 63.480(f) and 63.1310(f): If a source meets the criteria for a new Sections 63.480(b) and 63.1310(b). Primary product and applicability source under §§ 63.480(a)(3)(ii) or (iii), One of the many revisions to subparts determination, and compliance options, or 63.1310(a)(3)(ii) or (iii), or U and JJJ that are being proposed with for flexible operation units. The EPA is §§ 63.480(i) or 63.1310(i) (which deal today’s action that will reduce the proposing extensive changes to the with changes or additions at existing recordkeeping burden on owners and primary product determination and plant (i.e., industrial) sites), then operators is contained in these applicability criteria (i.e., for §§ 63.480(a)(3)(i) and 63.1310(a)(3)(i) do paragraphs. The EPA is proposing to determining whether a process unit is not apply to that source. The proposed include an additional alternative for an EPPU, a TPPU, or neither) and to the new paragraphs at §§ 63.480(a)(4) and EPPUs and TPPUs that do not use or compliance options for flexible 63.1310(a)(4) replace the promulgated manufacture any organic HAP, which operation units in §§ 63.480(f) and paragraph (a)(2), and list emission would provide those owners and 63.1310(f). These changes are points and equipment besides elastomer operators with the choice of either summarized by Figures 1 through 4 in product process units (EPPU) and keeping records documenting the fact this document. However, Figures 1 thermoplastic product process units that their source does not use or through 4 are only intended to be (TPPU) (e.g., compliance equipment and manufacture any organic HAP, or of illustrative, as they are not waste management units) that make up providing such information to the comprehensive, and they do not carry the affected source, in an attempt to Administrator, at the Administrator’s any regulatory authority. The proposed clarify that these emission points are request. The EPA is proposing to changes in §§ 63.480 and 63.1310 are part of the affected source in addition to provide this alternative, which is intended to address concerns raised in the EPPU/TPPUs (which are clearly part similar to that included in the HON litigation after the promulgation of of the affected source.) A reference to amendments to § 63.103(e), because it subparts U and JJJ, with regard to the proposed equipment list in was never the EPA’s intent to impose an flexible operation units, in particular. §§ 63.480(a)(4) or 63.1310(a)(4) has also ongoing recordkeeping requirement on Various scenarios were presented to the been added to proposed paragraphs sources that neither use nor EPA that would cause problems under §§ 63.480(a)(2) and (3), and manufacture any organic HAP. the promulgated rule, such as ‘‘contract 63.1310(a)(2) and (3), and in other Sections 63.480(c) and 63.1310(c). manufacturing’’ situations in which an places throughout subparts U and JJJ, The EPA is proposing to amend these owner or operator could not predict where such a reference was determined paragraphs to clarify which equipment what might be produced at a source in to be helpful. The EPA is also requesting is included within the scope of these the future. The EPA is also requesting comments on the idea of incorporating rules. The promulgated language in comments on the idea of incorporating similar changes into §§ 63.1420(a) of §§ 63.480(c) and 63.1310(c) caused similar changes into § 63.1420(e) of subpart PPP, the Polyether Polyols confusion and raised concerns over subpart PPP, the Polyether Polyols Production NESHAP. whether other equipment or activities Production NESHAP. The changes to Sections 63.480(a)(3)(i) and not listed were included in the affected § 63.1420(e) would primarily parallel 63.1310(a)(3)(i). The proposed language source. those described below with regard to in §§ 63.480(a)(3)(i) and 63.1310(a)(3)(i) The proposed revisions reflect the primary product determination and the clarify that the phrase ‘‘on which promulgated amendments to § 63.100(f) flexible operation unit provisions. construction commenced after June 12, (after which they were originally Sections 63.480(f) and 63.1310(f). The 1995 (or March 29, 1995, for subpart modeled) and are intended to improve EPA is proposing to revise these JJJ)’’ applies to the entire major source, rule clarity by reversing the drafting paragraphs so that they provide a more as opposed to applying to ‘‘each group structure to state that the listed items precise introduction to the paragraphs of one or more EPPU (TPPU)’’. The fact are included in the affected source, but that follow, and in order to reflect the that the equipment associated with each are not subject to the control addition of new paragraphs as described EPPU/TPPU is also considered to be requirements of the rule. Based on below. part of the affected source is also discussions with industry, the EPA Sections 63.480(f)(1) and clarified in these paragraphs. determined that reversing the structure 63.1310(f)(1). The EPA is proposing to In addition, the parenthetical ‘‘i.e., a would make these paragraphs more combine promulgated paragraphs greenfield site’’ is meant to clarify that understandable to the regulated §§ 63.480(f)(1), (f)(2), and (f)(3) and these paragraphs apply to sites at which community and would reduce the 63.1310(f)(1), (f)(2), and (f)(3) to create a no industrial activity (demonstrated by chance of incorrect interpretation. This single paragraph in each subpart that an absence of any HAP emission points) proposed change is intended to ensure addresses the initial determination of occurred prior to the proposal dates of that certain equipment that is part of a the primary product. Promulgated the respective rules. The term ‘‘emission subpart U or JJJ affected source does not paragraphs §§ 63.480(f)(1) and point’’ is defined in §§ 63.482(b) and become covered by future Section 112(j) 63.1310(f)(1) appear as proposed 63.1312(b). rules. paragraphs §§ 63.480(f)(1)(i) and Sections 63.480(a)(5) and Other proposed changes to 63.1310(f)(1)(i); promulgated paragraphs 63.1310(a)(5). The EPA is proposing to §§ 63.480(c) and 63.1310(c) include a §§ 63.480(f)(2) and § 63.1310(f)(2) add paragraphs (§§ 63.480(a)(5) and sentence clarifying that these excluded appear as proposed paragraphs 63.1310(a)(5)) explicitly stating that area emission points are not subject to §§ 63.480(f)(1)(iii) and 63.1310(f)(1)(iii); sources and equipment at area sources subpart A of part 63 (the General and promulgated paragraphs are not considered to be affected sources Provisions). The proposed changes to §§ 63.480(f)(3) and 63.1310(f)(3) appear under subpart U or JJJ. Although this §§ 63.480(c) and 63.1310(c) also add the as proposed paragraphs was implied in the promulgated rule (by following equipment to the list of §§ 63.480(f)(1)(iv) and 63.1310(f)(1)(iv). only listing EPPUs/TPPUs at ‘‘major excluded emission points: equipment The EPA is also proposing to add source’’ plant sites as making up an that does not contain organic HAP, introductory text to §§ 63.480(f)(1) and

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63.1310(f)(1), clarifying how the §§ 63.480(b) or 63.1310(b) (see describing the proposed primary primary product of a process unit is discussion above). The proposed product/applicability determination determined, and clarifying that process requirements under §§ 63.480(f)(1) and procedures for existing sources and new units that neither use nor manufacture 63.1310(f)(1) are illustrated in Figure 1 sources, respectively. any organic HAP are only subject to and Figure 2, which are flowcharts BILLING CODE 6560±50±P

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Sections 63.480(f)(1)(ii) and with ‘‘and associated equipment,’’ least 5 percent of the time since March 63.1310(f)(1)(ii). A new set of which is listed in §§ 63.480(a)(4) (or 9, 1999 for an existing process unit for requirements is being proposed under 63.1310(a)(4)). This clarification is being which the owner or operator cannot these paragraphs, which would deal proposed because there was some otherwise determine the primary with process units that are designed to confusion over the difference between product, or on whether or not the owner produce two or more products at the an affected source and an EPPU/TPPU or operator anticipates producing any same time. This situation was not after promulgation. In addition, the EPA elastomer or thermoplastic products addressed at promulgation of these is proposing changes to this paragraph during the first year of production at a rules. Under the proposed requirement, that remove references to ‘‘the future,’’ new process unit for which the owner the primary product is the product for because other provisions have been or operator cannot otherwise determine which the process unit has the greatest added at §§ 63.480(f)(3), (4), (9), and the primary product, is a new one. The annual design capacity on a mass basis. (10), and at 63.1310(f)(3), (4), (9), and EPA is particularly interested in If the process unit has the same annual (10) that explain more explicitly how receiving public comments on this design capacity on a mass basis for two the designation of a process unit as an concept, as a way of handling flexible or more products, and at least one of EPPU/TPPU can be removed or re- operation units for which the primary those products is an elastomer/ instated. product determination is difficult to thermoplastic product, then the primary Sections 63.480(f)(2) and make. product for that process unit is an 63.1310(f)(2). As mentioned earlier, the Sections 63.480(f)(3) and elastomer/thermoplastic product. EPA is proposing the addition of 63.1310(f)(3). These proposed Sections 63.480(f)(1)(iii) and provisions for owners or operators that are not able to predict future production paragraphs, and proposed paragraphs 63.1310(f)(1)(iii). These proposed §§ 63.480(f)(4) and 63.1310(f)(4), reflect paragraphs address primary product to the extent that is necessary to determine the primary product of a the concepts originally promulgated as determination for flexible operation paragraphs §§ 63.480 (f)(4)(i) through units, which was previously addressed flexible operation unit under §§ 63.480(f)(1)(iii) and 63.1310(f)(1)(iii). (f)(4)(iii) and 63.1310 (f)(4)(i) and in promulgated paragraphs (f)(4)(iii). The original concepts have §§ 63.480(f)(2) and 63.1310(f)(2). The Under these proposed provisions, if the been modified to improve clarity and to EPA is proposing to add criteria for owner or operator cannot predict what complement other additions proposed determining the primary product for an product will be the primary product of the flexible operation unit for the for §§ 63.480(f) and 63.1310(f). In order existing process unit and for a new designated time period, but can predict to allow the flexibility that these process unit (definitions for the terms that the primary product will not be an proposed amendments are offering, as ‘‘existing process unit’’ and ‘‘new elastomer/thermoplastic product, the far as whether or not the owner or process unit’’ are also being proposed to flexible operation unit is designated as operator designates their flexible be added to §§ 63.482(b) and not being an EPPU/TPPU. operation unit to be an EPPU/TPPU, the 63.1312(b)). At promulgation, whether A more complex solution was EPA is proposing to add paragraphs that the source was new or existing, the necessary for owners and operators of will specify procedures for an annual owner or operator had to determine flexible operation units who can neither applicability determination (beginning primary product on 5 years of ‘‘expected predict the primary product for the production.’’ However, in recognition of in September of the year 2001) for non- designated time period, nor predict that EPPU’s/non-TPPU’s that have produced the fact that it might be difficult for the primary product will not be an some owners or operators to predict that an elastomer/thermoplastic product at elastomer/thermoplastic product. The any time in the preceding 5-year period far into the future, the proposed proposed provisions under amendments only require owners and or since the date that the unit began §§ 63.480(f)(2)(ii) and 63.1310(f)(2)(ii) production of any product, whichever is operators to look one year into the address this situation. According to the future for new process units. The EPA shorter. Figure 3 depicts the proposed proposed provisions in annual evaluation (after September is also proposing to add a new provision §§ 63.480(f)(2)(ii) and 63.1310(f)(2)(ii), at §§ 63.480(f)(2) and 63.1310(f)(2) for 2001) for owners or operators of non- in the situation described above, a EPPUs or non-TPPUs that have recently owners or operators of either new or flexible operation unit that is an existing existing flexible operation units for made an elastomer or thermoplastic process unit will be designated an product, or are planning to make which production cannot be predicted EPPU/TPPU if an elastomer/ over the required time period (see elastomer or thermoplastic products in thermoplastic product has been the near future. The proposed method further discussion below on produced for five percent (or greater) of for performing this annual applicability §§ 63.480(f)(2) and 63.1310(f)(2)). the time since March 9, 1999. If the determination requires the owner or Sections 63.480(f)(1)(iv) and flexible operation unit is a new process operator to calculate the percentage of 63.1310(f)(1)(iv). These proposed unit, the flexible operation unit will be total operating time over which each paragraphs discuss the consequences of designated as an EPPU/TPPU if the product that was produced at the determining that a process unit’s owner or operator anticipates that an flexible operation unit was produced primary product is an elastomer/ elastomer/thermoplastic product will be during the applicable time period. If an thermoplastic product (as previously produced in that flexible operation unit elastomer/thermoplastic product was addressed in promulgated paragraphs at any time during the first year of the product with the highest percentage §§ 63.480(f)(3) and 63.1310(f)(3)). In operation of the new process unit. these paragraphs and in several other This concept, of making the primary of total operating time over that period, places throughout the proposed product determination based on then the flexible operation unit is amendments to subparts U and JJJ, the whether or not an elastomer or designated as an EPPU/TPPU. EPA has qualified the term EPPU/TPPU thermoplastic has been produced at BILLING CODE 6560±50±P

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Sections 63.480(f)(4) and subpart during the manufacture of that monitoring levels established according 63.1310(f)(4). These proposed product. to §§ 63.480(f)(7) and 63.1310(f)(7) in paragraphs, and proposed paragraphs Sections 63.480(f)(6) and the Notification of Compliance Status, §§ 63.480(f)(3) and 63.1310(f)(3), reflect 63.1310(f)(6). These proposed because the EPA determined that this the concepts originally promulgated as paragraphs reflect the concepts information would be needed in the paragraphs §§ 63.480(f)(4)(i) through originally promulgated as paragraphs Notification of Compliance Status. §§ 63.480(f)(5)(i) and (f)(5)(ii) and (f)(4)(iii) and 63.1310(f)(4)(i) and Sections 63.480(f)(9) and 63.1310(f)(5)(i) and (f)(5)(ii). For flexible (f)(4)(iii). The original concepts have 63.1310(f)(9). In the promulgated rule, been modified to improve clarity and to operation units, the group status of each procedures were provided for removing complement other additions proposed emission point (except batch process the EPPU/TPPU designation from a for §§ 63.480(f) and 63.1310(f). These vents) may be calculated in one of two process unit in which the owner or proposed paragraphs will pertain to ways, according to the proposed operator has ceased making all owners or operators who are amendments in §§ 63.480(f)(6) and elastomer/thermoplastic products, and anticipating that their non-EPPU/TPPU 63.1310(f)(6). The owner or operator has in which the owner or operator does not process unit will begin manufacturing the option of (1) determining the group an elastomer/thermoplastic product in status for each emission point based on anticipate the production of an the near future, if the process unit has emission point characteristics when the elastomer/thermoplastic product in the not produced any elastomer/ primary product is being produced, or future (in promulgated §§ 63.480(f)(3)(i) thermoplastic products in the previous (2) determining the group status for each and 63.1310(f)(3)(i)). These provisions five-year period. These paragraphs will emission point based on emission point have been rewritten for clarity and also pertain to process units for which characteristics when each product moved to §§ 63.480(f)(9) and the owner or operator has removed the produced by the flexible operation unit 63.1310(f)(9) in the proposed EPPU/TPPU designation in accordance is being produced. amendments. with proposed §§ 63.480(f)(9) or Sections 63.480(f)(7) and Sections 63.480(f)(10) and 63.1310(f)(9), but for which the owner 63.1310(f)(7). The proposed provisions 63.1310(f)(10). Because 40 CFR part 63 or operator now anticipates future added as §§ 63.480(f)(7) and standards are developed using industry- production of an elastomer/ 63.1310(f)(7) state the requirements for specific considerations, the regulations thermoplastic product. This proposed setting parameter monitoring levels for often contain requirements tailored provision requires the owner or flexible operation units. The proposed specifically to the particular processes operator, in the situations described amendments allow owners and used in the regulated industry. The above, to redetermine the primary operators to either establish separate primary product applicability approach product for the process unit using the parameter monitoring levels for each is one used in many MACT standards to approach outlined in §§ 63.480(f)(1) and product, or to establish a single ensure that the process unit is only (f)(2) and 63.1310(f)(1) and (f)(2), except parameter monitoring level (for each subject to one MACT standard, and that that, for flexible operation units, the parameter required to be monitored at the standard to which it is subject is the owner or operator must base the each device subject to monitoring one for the product that is produced in prediction on the anticipated requirements) for all products, the process unit most of the time. If the production for the five years (one year, depending on which option was chosen production pattern changes and the for new process units) following the under §§ 63.480(f)(6) or 63.1310(f)(6), process unit begins producing another date that production of an elastomer/ for conducting the group determination. product for the majority of the time, and thermoplastic product will be initiated Sections 63.480(f)(8) and the new primary product is subject to (instead of basing it on the period 63.1310(f)(8). The proposed provisions another MACT standard, the EPA following September 5th (September in §§ 63.480(f)(8) and 63.1310(f)(8) are believes it is appropriate that the unit be 12th for subpart JJJ) of 1996, or on the largely similar to the promulgated subject to the other MACT standard, period following the initiation of the provisions in §§ 63.480(f)(6) and rather than being subject to subpart U or production of any product). 63.1310(f)(6), except that one JJJ. Sections 63.480(f)(5) and promulgated requirement 63.1310(f)(5). This proposed paragraph (§§ 63.480(f)(6)(ii)(B) and Therefore, the EPA is proposing to specifies that owners and operators of 63.1310(f)(6)(ii)(B)) was deleted. The add §§ 63.480(f)(10) and 63.1310(f)(10), flexible operation units that are EPPU/ deleted requirement was the which require the owner or operator to TPPU’s shall comply with subpart U or requirement that the operating time conduct a redetermination of JJJ (as appropriate) for their primary and/or production mass for each applicability of these rules to a flexible product. Proposed §§ 63.480(f)(5)(i) and product that was used to determine the operation unit ‘‘whenever changes in (f)(5)(ii) and 63.1310(f)(5)(i) and (f)(5)(ii) primary product be reported in the production occur that could reasonably offer two exceptions to this requirement: Notification of Compliance Status. The be expected to change the primary (1) if no organic HAP are used in the EPA decided that this information was product’’ from an elastomer or manufacture of a particular product, not needed in the Notification of thermoplastic product to a product that only the provisions in §§ 63.480(b) and Compliance Status; however, records of would make the process unit subject to 63.1310(b) must be followed during the this data should be kept in accordance another subpart of part 63. Figure 4 production of that product; and (2) if a with §§ 63.506(a) and 63.1335(a). In illustrates the redetermination process product becomes subject to the National addition, proposed paragraphs for EPPUs or TPPUs that have made Emissions Standards for §§ 63.480(f)(8)(ii)(C) and (f)(8)(ii)(D) and ‘‘changes in production * * * that Pharmaceuticals (subpart GGG of part 63.1310(f)(8)(ii)(C) and (f)(8)(ii)(D) were could reasonably be expected to change 63), the owner or operator need not added, requiring the submittal of the primary product.’’ comply with the provisions of this information regarding the parameter BILLING CODE 6560±50±P

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This redetermination of applicability occurred, it is highly unlikely that the the date of construction or is based on the ‘‘primary product’’ of the assignment of a storage vessel to a reconstruction. If the construction of the flexible operation unit being the particular process unit will have group of EPPU/TPPUs commenced after ‘‘product with the highest percentage of become inappropriate. June 12, 1995, then the condition in total operating time’’ over the preceding Sections 63.480(i) and 63.1310(i). The paragraph (A) would be met. If a group five years, or since the process unit EPA is proposing a number of changes of one or more process units was began producing any product, in §§ 63.480(i) and 63.1310(i). The most originally constructed or reconstructed whichever is shorter. Given the length significant changes clarify the after June 12, 1995 (under subpart U) or of time over which the primary product requirements that apply to additions of after March 29, 1995 (under subpart JJJ), is determined for flexible operation entire process units and individual and then later began the production of units, the EPA believes that owners and emission points, and clarify the an elastomer/thermoplastic product and operators will have ample time and compliance dates for newly subject became an EPPU/TPPU, then the opportunity to come into compliance process units or equipment. In addition, condition in paragraph (B) would be with other NESHAP, should they other changes are being proposed to met. This is a clarification from the become subject to other NESHAP as a clarify what the EPA considers to be promulgated requirements, which only result of the redetermination of primary ‘‘process changes,’’ and to clarify the addressed the date of the construction of product. recordkeeping and reporting the ‘‘addition.’’ The only proposed In addition, under the proposed requirements associated with a process changes to the second set of criteria, provisions in §§ 63.480(f)(10)(iii) and change. which are contained in paragraphs 63.1310(f)(10)(iii), if a process unit (in Sections 63.480(i)(1)(i) and (ii) and §§ 63.480(i)(1)(i)(C) and (D) and which a elastomer/thermoplastic 63.1310(i)(1)(i) and (ii). These revisions 63.1310(i)(1)(i)(C) and (D), are related to product is no longer the primary are being proposed because the the clarification what constitutes an product, after a change in production) is promulgated drafting and structure in ‘‘addition,’’ as discussed above. subject to another subpart of part 63, §§ 63.480(i) and 63.1310(i) caused The proposed amendments to that process unit remains designated as confusion as to the equipment that §§ 63.480(i)(1)(ii) and 63.1310(i)(1)(ii) an EPPU or TPPU until the date upon would be subject to the new source include the same changes described which the process unit is required to be requirements if the conditions in either above for §§ 63.480(i)(1)(i) and in compliance with the provisions of the §§ 63.480(i)(1)(i) or (ii) or 63.1310(i)(1)(i) related to the other subpart to which it is subject. 63.1310(i)(1)(i) or (ii) were met. Before clarification of the ‘‘addition.’’ In Sections 63.480(g) and (h) and discussing the specific changes, an addition, a new provision is being 63.1310(g) and (h): Storage Vessel explanation is needed regarding a added to paragraphs §§ 63.480(i)(1)(ii) Ownership and Recovery Operations fundamental basis of these provisions. It and 63.1310(i)(1)(ii) to specify the Equipment Ownership. The EPA is is not possible for a single affected compliance date for a group of process proposing clarifying changes to make source to be both subject to new source units that have become EPPU/TPPUs the wording and structure of these requirements (for any portion of the due to a change in production that has paragraphs parallel, because the EPA affected source) and to existing source made an elastomer/thermoplastic believes that this will make the requirements (for any other portion of product the primary product of the provisions of each clearer and easier to the affected source). An affected source process unit. In the proposed follow. Specifically, the proposed must be either a new affected source, paragraphs §§ 63.480(f)(3) and revisions would make the wording of with all of it’s equipment subject to the 63.1310(f)(3), owners or operators of §§ 63.480(g)(6) and (g)(8) and new source requirements, or it must be flexible operation units that are not 63.1310(g)(6) and (g)(8); and an existing affected source, with all of EPPUs or TPPUs, but that continue to §§ 63.480(h)(6) and (h)(7) and it’s equipment subject to the existing produce an elastomer/thermoplastic 63.1310(h)(6) and (h)(7) parallel, source requirements. The proposed product are required to annually respectively. This change is similar to changes to §§ 63.480(i)(1)(i) and (ii) and conduct a primary product the HON amendments to § 63.100(g), 63.1310(i)(1)(i) and (ii) are intended to determination based on historical (h), and (i). clarify this situation. production levels. If production has In addition, one of the conditions First, the EPA is proposing to amend shifted such that an elastomer/ under which an owner or operator these paragraphs to clarify that a group thermoplastic product has become the would have to re-determine the of one or more newly added EPPU/ primary product of a flexible operation assignment of a particular storage vessel TPPUs (making the same primary unit, then the unit is designated an has been removed. The rule no longer product), including their associated EPPU/TPPU and proposed requires that an assignment equipment, constitute a single §§ 63.480(f)(3)(iii) and 63.1310(f)(3)(iii) redetermination be performed whenever ‘‘addition’’ to a plant site. In require that the owner or operator notify ‘‘there is a change in the use of the §§ 63.480(i)(1)(i) and 63.1310(i)(1)(i), the the EPA of this re-designation within 45 storage vessel that could reasonably be proposed languages makes it clear that days of making the determination. The expected to change the predominant use the group of EPPU/TPPUs (and new provisions in §§ 63.480(i)(1)(ii) and of that storage vessel.’’ It is the EPA’s associated equipment) are a new 63.1310(i)(1)(ii) specify that owners or position that it is not necessary to affected source, provided that the operators in the situation described require a storage vessel assignment applicable criteria are met. The above must be in compliance with the redetermination unless the storage applicable criteria consist of two existing source requirements within 6 vessel has begun receiving material from separate ‘‘sets’’ of conditions, and one months from the date of the notification. (or sending material to) a process unit condition from each set must be met in Sections 63.480(i)(2) and that was not included in the initial order for the group of EPPU/TPPUs and 63.1310(i)(2). Similar changes are being determination, or has ceased to receive their associated equipment to be proposed for these paragraphs as those material from (or send material to) a considered a new source. The first set, described above for §§ 63.480(i)(1) and process unit that was included in the contained in paragraphs 63.1310(i)(1). In §§ 63.480(i)(2)(i)(A) and initial determination. Unless one of the §§ 63.480(i)(1)(i)(A) and (B) and 63.1310(i)(2)(i)(A), rather than referring above-listed circumstances has 63.1310(i)(1)(i)(A) and (B), are related to to the definition of ‘‘reconstruction’’ in

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The EPA is also proposing to the EPA is proposing to add an entire promulgated rules and the HON were clarify, in §§ 63.480(i)(2)(ii) and subparagraph describing the reporting silent on the issue of monitoring during 63.1310(i)(2)(ii), that the compliance requirements that apply to owners and a start-up, shutdown, or malfunction, dates are July 31, 1997 for most operators as a result of both while these proposed amendments equipment leaks and September 5, 1999 promulgated and proposed provisions provide direct guidance on the control for most other emission points under in §§ 63.480(i)(1) and (i)(2) and requirements and monitoring subpart U, and are February 27, 1998 for 63.1310(i)(1) and (i)(2), at requirements during a period of start- most equipment leaks and September §§ 63.506(e)(7)(v) and 63.1335(e)(7)(iv), up, shutdown, or malfunction. 12, 1999 for most other emission points as will be discussed in greater detail in These proposed amendments to under subpart JJJ. Please note that, as the section of this preamble that subparts U and JJJ depart from the mentioned earlier, the compliance date discusses proposed changes to §§ 63.506 amended HON by specifically requiring for equipment leaks at PET affected and 63.1335. monitoring during periods of start-up, sources was temporarily extended to no Sections 63.480(j)(1) through (4) and shutdown, and malfunction. It is the later than September 12, 1999 (62 FR 63.1310(j)(1) through (4). These EPA’s position that requiring 30993, June 6, 1997). Specifying the proposed paragraphs contain the general monitoring during these periods will compliance dates in §§ 63.480(i)(2)(ii) operational requirements for provide the EPA with more information and 63.1310(i)(2)(ii) eliminates the need compliance during periods of start-up, concerning whether or not Start-up, for the promulgated paragraphs under shutdown, malfunction, or non- Shutdown, and Malfunction Plans were §§ 63.480(i)(2)(iii) and 63.1310(i)(2)(iii). operation of an affected source (or followed, and will provide the EPA with The EPA is proposing to remove these portion thereof). These proposed valuable information for assessing the paragraphs and their subparagraphs, paragraphs largely mirror the adequacy of a source’s Start-up, which specify requirements for promulgated HON paragraphs Shutdown, and Malfunction Plan for submitting ‘‘compliance schedules.’’ § 63.102(a)(1) through (4), with three future situations. The EPA believes that the requirement primary exceptions. The proposed paragraphs contain a to create and submit compliance First, the term ‘‘emission limitation’’ provision allowing owners or operators schedules is not necessary under (as described in Section 302(k) of the to turn off monitoring equipment during subparts U and JJJ. Provided that the Act) replaces the term ‘‘provision’’ start-up, shutdowns, or malfunctions, if existing source is in compliance with throughout these proposed paragraphs. the owner or operator can demonstrate the applicable requirements in subpart This proposed change addresses a that the monitoring equipment would be U or JJJ on the compliance date, the EPA concern on behalf of industry regarding damaged or destroyed during those has no need to know in advance how exactly what the term ‘‘provision’’ periods, as long as such a provision is the owner or operator foresees bringing covered (or, in other words, which included in the source’s Start-up, the existing affected source into regulatory requirements did not apply Shutdown, and Malfunction Plan compliance by the appropriate date. The during periods of start-up, shutdown, according to the procedures specified in burden is on the owner or operator to malfunction, or non-operation.) The the proposed requirements in have a compliance plan that will definition of ‘‘emission limitation’’ that §§ 63.506(b)(1), 63.1335(b)(1), guarantee that their source will be in is contained in section 302(k) of the Act 63.506(e)(3), and 63.1335(e)(3). The compliance by the date given in subpart is: proposed procedures in §§ 63.506(b)(1) U or JJJ, for a particular emission point. and 63.1335(b)(1) require that the owner A requirement * * * which limits the or operator first submit a Precompliance Promulgated §§ 63.480(i)(3) and quantity, rate, or concentration of emissions 63.1310(i)(3). The EPA is proposing to of air pollutants on a continuous basis, Report or ‘‘supplement to a remove the promulgated paragraphs including any requirement relating to the Precompliance Report,’’ demonstrating §§ 63.480(i)(3) and 63.1310(i)(3), operation or maintenance of a source to to the Administrator that the monitoring because it has been determined that assure continuous emission reduction and system would be damaged or destroyed §§ 63.480(i)(1) and (2) and 63.1310(i)(1) any design, equipment, work practice, or if not shut off during a start-up, and (2) cover all possible scenarios (i.e., operational standard promulgated under the shutdown, or malfunction. This will there is no way for a Group 2 emission Act. allow the Administrator to have the point to become a Group 1 emission The EPA has determined that the term opportunity to object to the inclusion of point without a process change or the ‘‘emission limitation,’’ as defined under such a provision in the source’s Start- addition of an EPPU/TPPU or emission section 302(k) of the Act, is sufficiently up, Shutdown, and Malfunction Plan, if point to the source.) broad to encompass any requirements such a provision seems to be Sections 63.480(i)(5) and that the owner or operator might need unwarranted or insufficiently supported 63.1310(i)(5). The EPA is proposing a relief from, during a period of start-up, in the Precompliance Report or minor amendment to these paragraphs shutdown, malfunction, or non- supplement to the Precompliance that would result in a decrease in operation. Report. Under these proposed burden on owners and operators. In Second, the fact that emission amendments, unless the Administrator these proposed amendments, a change limitations do not apply during periods objects to a request submitted in the in production capacity is only of start-up, shutdown, or malfunction is Precompliance Report (or a supplement considered to be a ‘‘process change’’ if clearly spelled out in the proposed to the Precompliance Report) within 45 the change is an increase in production language in §§ 63.480(j)(1) and days of its receipt, that request will be capacity. 63.1310(j)(1). The promulgated versions deemed ‘‘approved.’’ Sections 63.480(i)(6) and of subparts U and JJJ were not clear on 63.1310(i)(6). The proposed addition of this point. 2. Changes Unique to Polymers and these paragraphs will direct owners and Finally, proposed §§ 63.480(j)(3) and Resins I operators to the newly proposed 63.1310(j)(3) clearly state the Section 63.480(d). In these proposed reporting requirements in requirements for operating emissions amendments, paragraphs (d)(2) and

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(d)(3) in § 63.480 have been removed. continuous dimethyl terephthalate process is subject to the rule, or whether The EPA believes that the provisions in process going from less than or equal to controls are required for an emission § 63.480(d)(3) are not applicable to 0.12 kg organic HAP per Mg of product stream. Therefore, today’s action does subpart U affected sources, because to greater than 0.12 kg of organic HAP not include a proposed extension of the such facilities (i.e., solvent reclamation, per Mg of product. This proposed September 1999 compliance dates for recovery, or recycling operations at change in emission level is similar to existing sources. hazardous waste treatment, storage, and changing from Group 2 to Group 1; it However, while the EPA believes the disposal facilities) are typically not co- signifies that the owner or operator is proposed changes do not necessitate located with EPPU. Those provisions now required to apply controls, so the additional compliance time, the Agency were inadvertently incorporated with EPA believes that adding this new recognizes that the possibility exists that other HON provisions from § 63.100(j) condition to the list of circumstances there could be specific provisions in into § 63.480(d) at promulgation. The that are considered to be ‘‘process today’s proposed changes that might EPA is also proposing to remove changes’’ is appropriate. effect the compliance status of one or paragraph (d)(2), due to the fact that Section 63.1310(i)(3). The EPA is more facilities. Nonetheless, the EPA is § 63.480(b) and (c)(1) (as proposed) proposing to change subpart JJJ so that requesting comments on whether the address EPPUs and emission points not surge control vessels and bottoms proposed changes could place owners containing or using any organic HAP. receivers are handled in the same and operators in jeopardy of not being With today’s action, the EPA is manner for subpart JJJ, subpart U, and in compliance in September 1999, requesting comments on the proposed the HON. The EPA is proposing to solely due to a proposed regulatory removal of § 63.480(d)(2) and (d)(3) from consider surge control vessels and change. The EPA requests that subpart U. bottoms receivers to be subject to the commenters provide information on the Section 63.480(e). The EPA is requirements of subpart H of the HON, additional time that they believe they proposing to edit paragraph (e) in instead of considering them to be would need, and the basis for the § 63.480, to replace the incorrect storage vessels and subject to the requested additional time period. In references to ‘‘subpart V’’ with the requirements in subpart G of the HON, addition, the commenter should identify correct references to subpart JJJ. as was done at promulgation of subpart the specific rule change that is being Proposed § 63.480(i)(3) and (i)(4). The JJJ. This proposed change would make requested and provide actual examples EPA is proposing to amend the subpart JJJ consistent with subpart U, of how the rule change could cause a promulgated paragraph § 63.480(i)(4) (as with regard to how it handles surge facility to be out of compliance when § 63.480(i)(3) and (i)(4)), to specifically control vessels and bottoms receivers, the September 1999 compliance date spell out to which emission points each but it will not cause any change in the arrives, or when the changes are applies (i.e., surge control vessels and actual control requirements for surge promulgated, whichever occurs later. bottoms receivers that become subject to control vessels and bottoms receivers. Title of § 63.481 and 63.1311. Because § 63.170, or compressors that become As a result, the EPA is proposing to add the Notification of Compliance Status is subject to § 63.164). In § 63.480(i)(4), the § 63.1310(i)(3), and to make other the report in which compliance (or non- EPA is also proposing to specifically changes (to § 63.1312, in particular) as compliance) is ultimately documented, refer to the compliance dates for discussed elsewhere in this preamble. the EPA has decided that it is not compressors, as they are laid out in Section 63.1310(i)(4). The EPA is necessary for owners or operators of § 63.481(d). proposing to clarify § 63.1310(i)(4) by affected sources to submit a compliance schedule. For this reason, the EPA is 3. Changes Unique to Polymers and referring specifically to compressors and proposing to remove the term Resins IV by referring to the compliance dates for compressors in § 63.1311(d). ‘‘compliance schedule’’ throughout both Section 63.1310(e). The proposed rules (including the titles for § 63.481 language in this paragraph is intended C. Compliance Dates and Relationship and 63.1311), and to remove all to clarify that if only some emission to Other Rules— Proposed Changes to requirements to report information in a points from a unit operation are § 63.481 and 63.1311 ‘‘compliance schedule’’ throughout both regulated by another Maximum rules. The titles of § 63.481 and 63.1311 1. Changes Common to Polymers and Achievable Control Technology (MACT) are proposed to change from Resins I and IV standard, then those particular emission ‘‘Compliance schedule and relationship points will remain subject to that other It is anticipated that final action on of this rule to existing applicable rules,’’ MACT standard. Therefore, instead of the changes being proposed in today’s to ‘‘Compliance dates and relationship discussing ‘‘unit operations,’’ the document will occur shortly before the of this rule to existing applicable rules.’’ proposed language discusses ‘‘emission compliance dates for the non-equipment Sections 63.481(d) and 63.1311(d). points from unit operations,’’ so that leak provisions of both subparts U and The EPA is proposing changes to there is no confusion over whether the JJJ, as described in § 63.481 and 63.1311. §§ 63.481(d) and 63.1311(d) that will emission points or the entire ‘‘unit The EPA believes that the changes allow owners and operators to request operation’’ is subject to that other proposed in today’s action can generally compliance extensions for equipment MACT standard. be classified as changes to improve leaks in the same manner in which they Section 63.1310(i)(2)(ii). The EPA is clarity and to increase flexibility in the would request a compliance extension proposing to add a condition to the list testing, monitoring, reporting, and for any other emission point. The of circumstances that are considered to recordkeeping requirements in subparts promulgated version of §§ 63.481(d) and be ‘‘process changes’’ under U and JJJ. The EPA does not believe that 63.1311(d) referred owners and § 63.1310(i)(2)(ii). The circumstance that these changes will cause a change in the operators to section 112(i)(3)(B) of the the EPA is proposing to add in these compliance status of a facility. The EPA Act (via § 63.182(a)(6) of subpart H) for amendments is a change resulting in also does not believe that these instructions on how to request a baseline emissions from continuous amendments will effect major decisions compliance extension for an equipment process vents in the collection of that must be made by an owner or leak. The EPA found that the material recovery sections at an existing operator well in advance of the requirements in §§ 63.481(e) and affected source producing PET using a compliance date, such as whether a 63.1311(e) satisfied the requirements in

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11574 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules section 112(i)(3)(B) of the Act; therefore, can be completed within 120 days, and environmental benefit. Therefore, to the EPA is proposing to simplify it is unlikely that the EPA would need reduce this burden, the EPA is subparts U and JJJ by providing the 12 months to complete the review of proposing to allow an owner or operator same requirements (those in such a request. In addition, the EPA is to elect to use the monitoring, §§ 63.481(e) and 63.1311(e)) for owners proposing to allow submittal of recordkeeping, or reporting and operators requesting a compliance extension requests up to the compliance requirements in 40 CFR parts 260 extension for any emission point (i.e., date in recognition that unforeseen through 272, instead of those otherwise for equipment leaks or other emission difficulties, such as construction or required under subparts U and JJJ. points). operational difficulties can arise in the The EPA considers this proposed Sections 63.481(d)(2)(iv) and last moments of compliance planning. consolidation of overlapping 63.1311(d)(2)(iv). The EPA is proposing The proposed provisions in monitoring, recordkeeping, and a clarifying edit to §§ 63.481(d)(2)(iv) §§ 63.481(e)(3) and 63.1311(e)(3) are reporting requirements to be appropriate and 63.1311(d)(2)(iv), to ensure that also considered necessary because it is because the RCRA air rules and subparts owners and operators realize that they unlikely that these proposed revisions U and JJJ have the same objective and only need to send their request for a will be final more than 120 days prior monitor similar operational compliance extension (for compressors) to the September 1999 compliance dates characteristics of control devices. In to the appropriate U.S. EPA Regional for certain control requirements. Any general, the RCRA requirements tend to Office. changes in the wording or requirements require more frequent monitoring, and Sections 63.481(e) and 63.1311(e): of the final rule could affect compliance the retention of more detailed Request for Compliance Extension. The planning for a source. Therefore, the information. Therefore, it is possible to EPA is proposing to amend §§ 63.481(e) EPA believes that it is necessary to use the RCRA data and reports to and 63.1311(e) to allow requests for provide owners and operators with demonstrate compliance with the compliance extensions to be submitted some opportunity to apply for monitoring, recordkeeping, and in a separate submittal (as opposed to compliance extensions after the date reporting requirements of subparts U only in either the operating permit that is 120 days prior to the compliance and JJJ, for certain control devices. application or the Precompliance date. Sections 63.481(l) and 63.1311(n). Report), and to allow requests for Sections 63.481(k) and 63.1311(m). In The EPA is proposing to add a extensions to be made up until 120 days the promulgated rule (§§ 63.481 and paragraph at §§ 63.481(l) and 63.1311(n) prior to the applicable compliance dates 63.1311), the EPA attempted to address to address instances in which (at promulgation, the request had to be the problem of overlapping requirements from other part 63 made one year in advance of the requirements by specifying which regulations overlap for the same heat compliance date—i.e., when the provisions apply for each of the known exchange system(s) or waste Precompliance Report was due). cases of overlapping rules. It has come management unit(s) that are subject to Furthermore, §§ 63.481(e)(3) and to the EPA’s attention, however, that subpart U or JJJ. Under the proposed 63.1311(e)(3) are new paragraphs that there was another broad category of additions of §§ 63.481(l) and 63.1311(n), are modeled after § 63.151(a)(6)(iv), overlapping Resource Conservation and compliance with subpart F (or another proposing to allow a request for a Recovery Act (RCRA) requirements that subpart of part 63 that requires compliance extension later than 120 were not addressed in the promulgated compliance with § 63.104) for heat days prior to the compliance date, under versions of subparts U and JJJ. In today’s exchange systems, and/or compliance special circumstances. An example of amendments, the EPA is proposing with subpart G (or another subpart of such circumstances (‘‘beyond provisions to allow the use of certain part 63 that requires compliance with reasonable control of the owner or RCRA-required monitoring, §§ 63.132 through 63.147) for waste operator’’) would be if the owner or recordkeeping, and reporting provisions management units, constitutes operator signed a contract to have to satisfy the corresponding compliance with the heat exchange control equipment installed by a date requirements in subparts U and JJJ. system requirements and/or waste much earlier than the compliance date, These proposed provisions would be management unit requirements in but the contractor responsible for added as §§ 63.481(k) and 63.1311(m). subpart U or JJJ. providing or installing that control Absent the proposed provisions, equipment was not able to deliver the subparts U and JJJ would require the 2. Changes Unique to Polymers and equipment and/or install it before the owner or operator to comply with the Resins I compliance date. The proposed addition applicable monitoring, recordkeeping, Section 63.481(d)(5) and (6). The EPA of §§ 63.481(e)(3) and 63.1311(e)(3) and reporting provisions of subpart U or is proposing to change the compliance would allow the owner or operator to subpart JJJ, as well as those from RCRA date to September 5, 1999 (instead of request a compliance extension during rules, in cases where the same control September 6, 1999) in both of these the last 120 days before the compliance device (e.g., an incinerator or adsorber) paragraphs so that they are consistent date, if the need arose during that 120 is subject to a RCRA rule and would be with other provisions in subpart U (e.g., day period and if the need was due to used to comply with the requirements § 63.480(i)(3)). circumstances beyond the reasonable for the non-wastewater provisions of Section 63.481(j). The proposed control of the owner or operator. subpart U or JJJ (through cross-reference addition of § 63.481(j) mirrors a Submission of a compliance extension to the HON wastewater provisions, this provision that was promulgated in request would not, however, stay the overlap problem was not an issue for subpart JJJ (as § 63.1311(k)). This applicability of subparts U and JJJ to the wastewater streams at promulgation). provision states that sources that were applicant during the pendency of the Compliance with the applicable previously subject to 40 CFR part 60, request. monitoring, recordkeeping, and subpart VV and that become subject to The EPA is proposing these revisions reporting requirements of subpart U or subpart JJJ will no longer be subject to to be consistent with the HON JJJ as well as those in a RCRA rule the provisions in 40 CFR part 60, amendments to § 63.151(a)(6), and in would significantly increase the cost of subpart VV on the compliance dates recognition of the fact that review of compliance demonstrations without specified in subpart JJJ . A similar most requests for compliance extensions providing a corresponding provision should have also been

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11575 included in subpart U at promulgation, needed because these terms are not used terms, and to remove these terms (which but was overlooked at that time; in subparts U and/or JJJ. The EPA is also were listed as being defined in § 63.111 therefore, the EPA proposes adding this proposing to remove these terms from of subpart F) from the list of cross- provision at § 63.481(j). the list in §§ 63.482(a) and 63.1312(a). referenced definitions in the Examples include ‘‘reference control promulgated versions of subparts U and 3. Changes Unique to Polymers and technology for process vents’’ and JJJ. The newly proposed definitions of Resins IV ‘‘fixed roof.’’ Also, due to changes in the these terms in §§ 63.482(b) and Section 63.1311(d)(3) and (d)(5). The HON, the EPA is proposing to remove 63.1312(b) point to the HON EPA is proposing to change the several terms that were referenced at requirements, but remind owners and compliance date in § 63.1311(d)(3) from promulgation. For example, the operators to apply the exceptions listed September 14, 1998 to September 12, promulgated HON amendments no in §§ 63.501 and 63.1330 to the 1998, and to change the compliance longer contain a definition of the term wastewater provisions in the HON. date in § 63.1311(d)(5) from September ‘‘point of generation,’’ which was cross- ‘‘Average Batch Vent Concentration’’. 13, 1999 to September 12, 1999 in order referenced by §§ 63.482(a) and The addition of this definition is being to be consistent with other provisions 63.1312(a) at promulgation of subparts proposed because it became apparent throughout subpart JJJ (e.g., § 63.1311(b) U and JJJ. Finally, the EPA is proposing that terms such as ‘‘average batch and (c)). to remove cross-references to certain concentration’’ and ‘‘average Section 63.1311(i)(3). The EPA is subpart A and HON definitions, and to concentration’’ were used inconsistently proposing to add this paragraph to instead provide definitions that are throughout the rules. In today’s clarify the intent of the promulgated specific to subpart U and/or JJJ, to proposed amendments, the EPA has rule that existing affected sources improve clarity in subparts U and JJJ. eliminated the use of the terms ‘‘average producing PET that are subject to and Every definition discussed below batch concentration’’ and ‘‘average complying with the ethylene glycol represents a proposed change from the concentration’’ throughout subparts U concentration limits from the Polymers promulgated rules. and JJJ, and has replaced those terms Manufacturing NSPS (i.e., 40 CFR Aggregate batch vent stream. In this with the more specific term ‘‘average 60.562–1(c)(1)(ii)(B) or 60.562– definition, the EPA proposes to remove batch vent concentration’’ throughout 1(c)(2)(ii)(B)) shall continue to comply the last phrase (‘‘before being routed to both proposed rules. with those requirements, and not the a control device that is in continuous ‘‘Average Batch Vent Flow Rate’’. The requirements of subpart JJJ. operation’’) to remove any implication EPA is proposing to define this term that the control device defines the vent both for the sake of accuracy and D. Definitions—Proposed Changes to stream. In addition, the EPA is specificity in these rules, and in order §§ 63.482 and 63.1312 proposing to add the concept of hard- to distinguish it from the term ‘‘average 1. Changes Common to Polymers and piping or otherwise connecting batch flow rate,’’ which is not used in subpart Resins I and IV process vents together (to create U or JJJ, but is used in the wastewater continuous flow) to the definition of an provisions in the HON, which these In the definition section of subparts U aggregate batch vent stream. subparts reference. ‘‘Average flow rate’’ and JJJ, several changes were Annual Average Batch Vent is defined in § 63.111 of subpart G. necessitated as a result of changes to the Concentration. The EPA is proposing to ‘‘Batch Cycle Limitation’’. The EPA is HON definitions that they cross- add a definition for this term for the proposing to remove the whole concept referenced. Paragraphs §§ 63.482(a) and sake of specificity in the rule, and to of the ‘‘batch cycle limitation’’ (per se) 63.1312(a) contain a list of terms for distinguish it from the term ‘‘annual and replace it with a ‘‘batch mass input which definitions are ‘‘borrowed’’ from average concentration,’’ which applies limitation.’’ Therefore, the EPA is other part 63 subparts; specifically to concentrations in wastewater streams. proposing to remove this definition subpart A (General Provisions) and The newly proposed term (‘‘annual from subparts U and JJJ. See Section II.I subparts F, G, and H (HON). Many of average batch vent concentration’’) is of this notice for more details regarding the referenced HON definitions include used only with regard to batch vents, the proposed change to a batch mass references to specific HON sections or to whereas the promulgated term ‘‘annual input limitation. HON tables. The EPA has concluded average concentration’’ was used in ‘‘Batch Front-end Process Vent’’ and that this situation could cause confusion reference to both batch vents and ‘‘Batch Process Vent’’. The EPA is when those definitions are applied to wastewater streams. This proposed proposing several changes to these subparts U and JJJ. Therefore, the EPA separation of terms should reduce the definitions. The first is to replace the has removed several terms from the lists confusion caused by using the same term ‘‘point of emission’’ with the term in §§ 63.482(a) and 63.1312(a) and has term for both situations in the ‘‘process vent’’ throughout the defined them in §§ 63.482(b) and promulgated rules. definitions of ‘‘batch front-end process 63.1312(b). This proposed change is Annual Average Batch Vent Flow vent’’ and ‘‘batch process vent,’’ because intended to clarify the applicability of Rate. The EPA is proposing to include the only emission points that are the definitions to subpart U and JJJ two separate definitions for ‘‘annual considered to be batch front-end process affected sources, and the EPA does not average flow rate,’’ and ‘‘annual average vents or batch process vents are process intend for any of the newly proposed batch vent flow rate,’’ to minimize vents. The second proposed change to definitions to change the meaning of the confusion between the applicability of these definitions is to restructure them terms that are being defined in the two terms to process wastewater (for so that it is clear that if a process vent §§ 63.482(b) and 63.1312(b), instead of which the term ‘‘annual average flow has less than 225 kilograms per year (kg/ cross-referenced through §§ 63.482(a) rate’’ is used) as opposed to batch yr) of organic HAP emissions, then that and 63.1312(a). Examples of such terms process vent streams (for which the term process vent is not a batch process vent. include ‘‘maximum true vapor ‘‘annual average batch vent flow rate’’ is Finally, the EPA is proposing to edit pressure’’, ‘‘flexible operation unit,’’ and used). these definitions to add specific ‘‘continuous record.’’ ‘‘Annual Average Concentration’’ and references to where and how the annual In addition, the EPA determined that ‘‘Annual Average Flow Rate’’. The EPA organic HAP emissions are measured to references to several terms were not is proposing to add definitions for these determine whether or not at least 225

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11576 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules kg/yr are being emitted from the process continuous. Therefore, within a batch requirements listed in §§ 63.480(i)(1) vent. Similar changes are also being process, there would be some batch and 63.1310(i)(1) are met. proposed in the definitions of ‘‘Group 1 process vents (e.g., reactor vents) and ‘‘Continuous Mode,’’ ‘‘Continuous Batch Front-end Process Vent’’ and some continuous process vents (e.g., Front-end Process Vent,’’ ‘‘Continuous ‘‘Group 1 Batch Process Vent,’’ in dryer vents). Process Vent,’’ ‘‘Continuous Process,’’ subparts U and JJJ, respectively, as In an attempt to clarify this situation, and ‘‘Continuous Unit Operation’’. The described in more detail below. the EPA is proposing to add and amend proposed changes to these definitions ‘‘Batch Mass Input Limitation’’. This related definitions. The foundation for mirror those being proposed for the definition was added as a result of the the proposed concepts is the newly definitions of ‘‘batch mode,’’ ‘‘batch proposed change discussed under added definitions of ‘‘batch mode’’ and front-end process vent’’, ‘‘batch process Section II.I of this notice, which would ‘‘continuous mode,’’ which describe vent’’, ‘‘batch process,’’ and ‘‘batch unit replace the batch cycle limitation operational characteristics of these two operation.’’ An explanation for those concept with the batch mass input ‘‘modes.’’ The EPA is proposing to proposed changes is given above, under limitation concept (i.e., the units used modify the definitions of ‘‘batch unit the subsection entitled ‘‘Batch Mode; in the limitation are being proposed to operation’’ and ‘‘continuous unit Batch Front-end Process; Batch Process be changed from ‘‘number of cycles’’ to operation,’’ basing the definitions on Vent; Batch Process; and Batch Unit ‘‘mass input’’). whether the unit operation is operated Operation.’’ However, other unrelated ‘‘Batch Mode,’’ ‘‘Batch Front-end in a batch (or continuous) mode. This is changes were also made to these Process,’’ ‘‘Batch Process Vent,’’ ‘‘Batch consistent with the promulgated definitions, as described in other parts Process,’’ and ‘‘Batch Unit Operation’’. approach, which classified process of this section, including under The new definition for ‘‘batch mode’’ is vents based on whether they originated ‘‘Changes Unique to Polymers and part of a set of proposed changes to the at a batch or continuous unit operation. Resins I,’’ and ‘‘Changes Unique to definitions of ‘‘batch process,’’ ‘‘batch Finally, the EPA is proposing to modify Polymers and Resins IV.’’ front-end process,’’ and ‘‘batch unit the definitions of ‘‘batch process’’ and ‘‘Continuous Record’’ and operation.’’ It has been suggested that ‘‘continuous process’’ so that these ‘‘Continuous Recorder’’. The EPA has the promulgation definitions of batch definitions are based on whether the determined that it was incorrect to front-end process vent/batch process reactors are operated in a batch or merely cross-reference the definitions of vent, batch process, and batch unit continuous mode. The EPA believes that these two terms in § 63.111, and is operation, and continuous process, these proposed changes should proposing to add these two definitions continuous process vent, and eliminate the confusion between these to subparts U and JJJ by modelling the continuous unit operation caused terms. new definitions after the HON confusion. In considering the intent and ‘‘Combined Vent Stream’’. The EPA is definitions, but substituting the usage of these terms, the EPA has proposing to add this definition to appropriate references to the decided to propose changes to these clarify what could be included in a recordkeeping and reporting definitions. First, for the production of ‘‘combined vent stream’’ (e.g., a requirements in subparts U and JJJ for some thermoplastic products, an entire combination of two or more of the the HON references used in the process unit must be classified as following types of process vents: batch definitions in § 63.111. ‘‘batch’’ or ‘‘continuous,’’ because some process vents, continuous process vents, ‘‘Duct Work’’. In §§ 63.482(a) and subcategories (and the resulting control and aggregate batch vent streams), for 63.1312(a), the EPA is proposing to add requirements) were established on this the purposes of subparts U and JJJ. a cross-reference to the definition of the basis. For purposes of establishing a ‘‘Compliance Schedule’’. For the term ‘‘duct work’’ in the HON (§ 63.161) process unit as either ‘‘batch’’ or reasons explained more fully in section because the EPA is also proposing to use ‘‘continuous,’’ the terms ‘‘batch B.1. of this notice, the EPA is proposing this term as a clarifying measure in the process’’ and ‘‘continuous process’’ are to remove this term from the list of definitions of EPPU and TPPU (see used. The definitions of those terms cross-referenced definitions contained explanations for changes to those classify the process unit as ‘‘batch’’ or in §§ 63.482(a) and 63.1312(a) because it definitions in this section). ‘‘continuous’’ based on whether the is no longer cross-referenced or used in ‘‘Emission Limitation’’. Due to some reactor(s) in the process unit are subpart U or JJJ. ambiguity in the distinction in meaning operated in a ‘‘batch mode’’ or ‘‘Construction’’. The EPA is proposing between the terms ‘‘provisions,’’ ‘‘continuous mode’’ (the EPA is also to add definitions of ‘‘construction’’ ‘‘emission limitations,’’ and ‘‘emission proposing to replace the terms ‘‘batch which are specific to subparts U and JJJ. standards,’’ the EPA is proposing to process mode’’ and ‘‘continuous process In the newly proposed definitions, the clearly define what is meant when these mode’’ with the terms ‘‘batch mode’’ term ‘‘stationary source’’ (which was rules refer to an ‘‘emission limitation,’’ and ‘‘continuous mode’’ in these used in the HON definition) is replaced by cross-referencing the definition of amendments). with the term ‘‘affected source,’’ in that term in Section 302(k) of the Clean However, the EPA intended, and order to clarify that the newly proposed Air Act (Act). The Act defines an continues to intend, that a process vent definitions only apply to the emission limitation as: be classified as ‘‘continuous’’ or ‘‘batch’’ construction of a subpart U or JJJ based on the unit operation from which ‘‘affected source.’’ The proposed ‘‘a requirement * * * which limits quantity, rate, or concentration of emissions of air the emissions originate. It is possible definitions also make clear (as proposed pollutants on a continuous basis, including that in a process where the reactor is under §§ 63.480(i)(1) and 63.1310(i)(1)) any requirement relating to the operation or operated in a batch mode (thus meaning that the addition of an EPPU/TPPU or maintenance of a source to assure continuous the entire process is operated as a group of EPPU/TPPU’s triggers the emission reduction and any design, ‘‘batch process’’), subsequent unit definition of ‘‘construction’’ when the equipment, work practice or operational operations could be continuous. In fact, ‘‘addition’’ of the EPPU/TPPU is the standard promulgated under this Act.’’— in the elastomer and thermoplastic result of a change in primary product Section 302(k). industries, it is common for the reactors (causing a formerly non-elastomer/non- The EPA believes that this definition to be batch and the finished unit thermoplastic product process unit to encompasses percent HAP reduction operations (e.g., dryers) to be become an EPPU/TPPU), if the other requirements, outlet concentration

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11577 requirements, compliance options that affected source’’ and ‘‘new affected group determination procedures in specify the use of a flare, temperature source,’’ except that the proposed Section II.I of this notice provides more requirements for condensers, and a definitions apply to process units rather detail on the rationale behind this variety of other provisions intended to than entire sources. change. reduce emissions, including leak ‘‘Flexible Operation Unit’’. The EPA is ‘‘Initial Start-up’’. The EPA is detection and repair (LDAR) programs proposing to add a definition for this proposing to add a definition for ‘‘initial for the control of emissions from term to both subparts U and JJJ, instead start-up’’ that mirrors the definition in equipment leaks. of cross-referencing the definition in § 63.101, except that initial start-up is Because section 112(h)(1) draws a § 63.101 (as was done at promulgation), triggered by the first time that an distinction between the use of the term because the HON definition of ‘‘flexible elastomer or thermoplastic product is ‘‘emission standard’’ and the use of the operation unit’’ refers to ‘‘chemical produced in the unit or equipment, term ‘‘emission limitation,’’ the EPA manufacturing process units.’’ The rather than by the first time the unit decided it would be best to specifically proposed definitions to be added to begins production or the equipment is refer to the broader term (defined in subparts U and JJJ are modeled after the put into operation for any product. Section 302(k) of the Act), especially HON definition of ‘‘flexible operation ‘‘Maintenance Wastewater’’. The EPA due to the manner in which that term unit,’’ but discuss ‘‘process units’’ is proposing to add a definition for is used in the proposed revisions to instead of ‘‘chemical manufacturing ‘‘maintenance wastewater’’ to subpart U, §§ 63.480(j) and 63.1310(j). process units.’’ and to amend the promulgated ‘‘Emission Point’’. The EPA is ‘‘Group 1 Batch Front-end Process definition of ‘‘maintenance wastewater’’ proposing a correction to the definition Vent’’ and ‘‘Group 1 Batch Process in subpart JJJ, so that both definitions of ‘‘emission point,’’ by specifying that Vent’’. The EPA is proposing to amend mirror the HON definition for this term ‘‘waste management units,’’ rather than these definitions in order to clarify how in § 63.101, with a special provision each ‘‘wastewater streams’’ are emission and where the annual organic HAP stating that the generation of wastewater points. As a result of the HON emissions and annual average batch from the routine rinsing or washing of amendments, ‘‘equipment subject to vent flow rate are determined. equipment in batch operation between § 63.149’’ has also been added to the list ‘‘Group 1 Wastewater Stream’’. The batches is not maintenance wastewater, of emission points described in this proposed amendments to this definition but is considered to be process definition. reflect the amendments promulgated for wastewater, for the purposes of subparts ‘‘Equipment’’. At promulgation of the definition of ‘‘Group 1 wastewater U and JJJ. subparts U and JJJ, the definition of stream’’ in § 63.111. The EPA is also ‘‘Maximum True Vapor Pressure’’. ‘‘equipment’’ in § 63.161 was cross- proposing to clarify that the wastewater The EPA is proposing to remove this referenced. However, it came to the streams are ‘‘from’’ (not ‘‘at’’) an existing definition from the list of cross- EPA’s attention that unilaterally cross- or new affected source, so that referenced definitions in §§ 63.482(a) referencing that definition was wastewater streams that are from a non- and 63.1312(a), and to add a definition problematic, in that the definition of thermoplastic or non-elastomer facility, specific to subparts U and JJJ, because, ‘‘equipment’’ in § 63.161 was not but that flow across property belonging unlike the HON, these rules do not appropriate for non-equipment leak to an affected source without being cover transfer operations. components. The definition of changed or added to in any way, are not ‘‘Month’’ and ‘‘Year’’. The EPA is ‘‘equipment’’ in § 63.161 applies necessarily considered to be Group 1 proposing to delete the definitions of uniquely to equipment leak wastewater streams under subparts U ‘‘month’’ and ‘‘year’’ from subpart U, components, described for the purposes and JJJ. Other proposed changes include and to delete the definition of ‘‘year’’ of subpart H. For that reason, rather a reference to the Group 1 criteria in the from subpart JJJ, because these than cross-referencing the definition in HON (§ 63.132(c)) and references to the definitions could be misleading, since § 63.161, the EPA is proposing to add organic HAP tables in subpart U and the proposed paragraphs §§ 63.481(m) definitions for ‘‘equipment’’ to both subpart JJJ, respectively, and to and 63.1311(o) define all calendar subparts U and JJJ, to define the term § 63.501(a)(10) for subpart U and periods. The EPA is also requesting ‘‘equipment’’ for specific use with the § 63.1330(b)(8) for subpart JJJ. comments on the idea of removing these equipment leak provisions in subparts U ‘‘Hard-piping’’. In §§ 63.482(a) and definitions from § 63.1423(b) of subpart and JJJ. 63.1312(a), the EPA is proposing to add PPP, the Polyether Polyols Production ‘‘Existing Affected Source’’ and ‘‘New a cross-reference to the definition of this NESHAP. Affected Source’’. The EPA is proposing term in the HON (§ 63.111) because the ‘‘Multicomponent System’’. The EPA to add definitions for the terms EPA is also proposing to use this term is proposing to add a definition for this ‘‘existing affected source’’ and ‘‘new as a clarifying measure in the term in order to clarify the term’s affected source’’ that refer to the definitions of EPPU and TPPU (see meaning (due to its use in §§ 63.488(b) appropriate criteria in §§ 63.480(a) and explanations for changes to those and 63.1323(b)), which is that a 63.1310(a). definitions in this section). ‘‘multicomponent system’’ is a stream ‘‘Existing Process Unit’’ and ‘‘New ‘‘Highest-HAP Recipe’’. The EPA is whose liquid and/or vapor contains Process Unit’’. The proposed definitions proposing to add this definition to both more than one compound. of ‘‘existing affected source’’ and ‘‘new subparts U and JJJ in essence to replace ‘‘Net Positive Heating Value’’. The affected source’’ are not appropriate to the concept of ‘‘worst-case HAP EPA is proposing to add a definition for use in some parts of §§ 63.480(f) and emitting product’’ which was ‘‘net positive heating value,’’ because 63.1310(f), because, at the time that an promulgated in both rules. The concept this term is used in the definition of owner or operator is determining of ‘‘highest-HAP recipe’’ is much more ‘‘recovery device.’’ The proposed whether or not a process unit is subject straightforward, and the product definition explains that, as used in to subpart U or subpart JJJ, it is not yet meeting the definition of ‘‘highest-HAP subparts U and JJJ, ‘‘net positive heating part of an ‘‘affected source.’’ Therefore, recipe’’ is more easily determined than value’’ is the difference between the the proposed definitions for ‘‘existing the ‘‘worst-case HAP emitting product.’’ heat value of the recovered chemical process unit’’ and ‘‘new process unit’’ The explanation of the proposed stream and the minimum heat value mirror the definitions for ‘‘existing amendments to the batch process vent required to ensure a stable flame in a

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11578 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules combustion device. This difference ‘‘Process Vent’’. The EPA is proposing definition to clarify that recovery or must have a positive value when used to amend this definition primarily in recapture devices used as control in the context of ‘‘recovering chemicals order to clarify what constitutes the devices are not considered to be for fuel value,’’ which is one of the ‘‘beginning’’ and what constitutes the ‘‘recovery operations equipment.’’ distinguishing characteristics of a ‘‘end’’ of a process vent. Under the ‘‘Residual’’. The EPA is proposing to ‘‘recovery device,’’ as defined in proposed changes to this definition, a add a definition for the term ‘‘residual’’ subparts U and JJJ. The proposed gaseous emission stream is no longer (instead of simply cross-referencing the addition of a definition of ‘‘net positive considered to be a process vent after the definition found in § 63.111), to clarify heating value’’ is important because it stream has been controlled and that residuals for subparts U and JJJ will helps distinguish between recovery monitored in accordance with the be liquid or solid materials containing devices and devices that are not applicable provisions of these rules. organic HAP listed in Table 5 of subpart recovery devices, insofar as the ‘‘Product’’. The EPA is proposing to U (for subpart U) or in Table 6 of properties listed in subparts U and JJJ amend the definition of ‘‘product’’ in subpart JJJ (for subpart JJJ) that are describe a ‘‘recovery device.’’ subparts U and JJJ in order to clarify that removed from a wastewater stream by a ‘‘On-site’’. The EPA is proposing to there can be several different ‘‘recipes’’ waste management unit. add this definition, based on the (see below) for the same product, and ‘‘Shutdown’’ and ‘‘Start-up’’. The EPA definition for the same term that was that, in the case of elastomer products, is proposing to add definitions of added in the amendment to § 63.101. there can be more than one ‘‘grade’’ for ‘‘shutdown’’ and ‘‘start-up’’ that are This is needed because the EPA is also a product (see Section II.D of this modeled after the HON definitions that proposing an amendment to notice). An additional sentence also subparts U and JJJ previously cross- §§ 63.506(h)(1)(vi) and 63.1335(h)(1)(vi), clarifies that non-polymer chemicals are referenced (§ 63.101), but which have specifying the requirements for keeping considered to be products, if they are been modified slightly to include descriptions of monitoring systems at manufactured at a process unit. subpart U and JJJ cross-references, and affected sources (based on the ‘‘Recipe’’. The EPA is proposing to to add provisions specific to batch amendment to the HON that added add a definition for the term ‘‘recipe,’’ process vents. ‘‘Storage Vessel’’. The EPA is similar requirements at as a very specific mixture of monomers, additives, or other reactants. This new proposing to amend this definition to § 63.152(g)(1)(vi)(D).) The proposed definition would clarify that a single remove the implication that if a tank is definition of ‘‘on-site’’ clarifies that the type of product (e.g., butyl rubber or not assigned to an EPPU or TPPU, it is records may be kept anywhere at the acrylonitrile butadiene styrene latex) not a storage vessel. A correction is also source, such as a central filing area. could be produced using several being proposed in subpart U, which ‘‘Operating Day’’. The EPA is different recipes. would change the incorrect term proposing to add a definition for the ‘‘Reconstruction’’. The EPA is ‘‘bottoms receiver tanks’’ to the correct term ‘‘operating day’’ in order to proposing to add a definition of term ‘‘bottoms receivers.’’ distinguish an operating day from a ‘‘reconstruction’’ that is specific to ‘‘Total Resource Effectiveness (TRE) calendar day. Operating days are subparts U and JJJ. In the newly Index Value’’. The EPA is proposing to important for the purposes of proposed definition, the term add a rule-specific definition for this determining daily average monitoring ‘‘stationary source’’ (used in the HON term in both subpart JJJ and subpart U. values and batch cycle daily average definition of ‘‘reconstruction’’) has been The proposed definitions are largely monitoring values. replaced with the term ‘‘affected modeled after the definition of the same ‘‘Organic Hazardous Air Pollutant(s) source,’’ in order to clarify that this term in § 63.111, but contain changes (Organic HAP)’’. The EPA is proposing definition only applies to the specific to the individual rules to which to amend this definition, in order to reconstruction of a subpart U or JJJ they apply. reduce the burden on industry that was ‘‘affected source.’’ The proposed ‘‘Vent Stream’’. The EPA is proposing implied by the promulgated clause that definitions also make clear that (as to add a definition for the term ‘‘vent said that any chemical that ‘‘has been or proposed under §§ 63.480(i)(2) and stream’’ (instead of simply cross- will be reported under any Federal or 63.1310(i)(2)) the addition of an referencing the definition found in State program, such as EPCRA section emission point triggers the definition of § 63.111), because the definition of 311, 312, or 313 or Title V,’’ was an ‘‘reconstruction,’’ when the ‘‘addition’’ ‘‘vent stream’’ in § 63.111 did not organic HAP. The proposed definition of the emission point is the result of a include the concept of batch process states that only chemicals listed in process change that caused a Group 2 vents or aggregate batch vents. Table 5 of subpart U (for subpart U), or emission point to become a Group 1 ‘‘Waste Management Unit’’. The Table 6 of subpart JJJ (for subpart JJJ), or emission point, or that caused a non- definition of ‘‘waste management unit’’ that are listed in Table 2 of subpart F, emission point to become a new that the EPA is proposing to add to that are ‘‘knowingly produced or ‘‘emission point,’’ as defined in subparts subparts U and JJJ refers to the amended introduced’’ into the manufacturing U and JJJ, as long as the other definition of the term in § 63.111, with process constitute ‘‘organic HAP’’ for requirements listed in §§ 63.480(i)(2) a few word substitutions (e.g., replacing the purposes of subparts U and JJJ. and 63.1310(i)(2) have also been met. CMPU with EPPU or TPPU). The ‘‘Process Unit’’. Because the terms ‘‘Recovery Device’’. The definition of amended definition of ‘‘waste ‘‘pipes’’ and ‘‘ducts,’’ which were used ‘‘recovery device’’ that the EPA is management unit’’ in § 63.111 helps in the promulgated version of this rule, proposing to add to subparts U and JJJ clarify the idea that only once were undefined, the EPA has refined the is modeled after the amended definition wastewater has been discarded from the terminology, to use the terms ‘‘hard- for the same term in § 63.101. However, process unit does it become subject to piping’’ and ‘‘duct work.’’ The proposed the proposed definition has been the wastewater provisions. The amendments to §§ 63.482(a) and slightly restructured by including the amended HON definition also draws a 63.1312(a) now cross-reference the purposes for which a recovery device clear distinction between waste definitions of ‘‘hard-piping’’ and ‘‘duct may be used in a numbered list. management units and recovery work’’ in §§ 63.111 and 63.161, ‘‘Recovery Operations Equipment’’. equipment that is considered to be part respectively. The EPA is proposing to amend this of the process unit.

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‘‘Wastewater’’. The definition for Polymers and Resins I and IV,’’ the EPA distinguishable from one another, and ‘‘wastewater’’ that the EPA is proposing is proposing amendments to this so that they are more precise. The terms to add to subparts U and JJJ is largely definition to correct an error made at ‘‘emulsion’’ is central to the distinction modeled after the amended HON promulgation: the scmm and ppmv between two different elastomer definition for the same term in §§ 63.101 cutoffs were meant to distinguish products: styrene butadiene rubber by and 63.111, except that it refers to the between Group 1 and Group 2 solution, and styrene butadiene by appropriate organic HAP lists in continuous front-end process vents, emulsion. The term ‘‘suspension subparts U and JJJ (i.e., Table 5 of rather than to be a defining process’’ is important for the purposes subpart U and Table 6 of subpart JJJ). characteristic of all continuous front- of defining ‘‘ethylene propylene The EPA is proposing to add these end process vents. Therefore, the rubber.’’ definitions for the term ‘‘wastewater’’ to amended definition of this term has ‘‘Epichlorohydrin Elastomer’’. The subparts U and JJJ and to delete the only one cutoff, which is that the EPA is proposing to amend this cross-references to the HON definition process vent must contain greater than definition to simplify the term ‘‘epoxy that were promulgated under 0.005 weight percent total organic HAP. resins’’ to ‘‘epoxies,’’ in order to avoid §§ 63.482(a) and 63.1312(a). However, The proposed definition is consistent contradictions between this definition, the proposed definitions in subparts U with the HON’s definition for ‘‘process the definition of ‘‘elastomer,’’ and the and JJJ otherwise mirror the definition vent,’’ which it was intended to mirror. definition of ‘‘resin.’’ As will be promulgated in § 63.111, which was In addition, the EPA is proposing to add explained further below, at amended in order to add the concept of a sentence to the end of this definition, promulgation, the definition of ‘‘resin’’ the fluid having been ‘‘discarded’’ from clarifying where and how organic HAP stated that a resin is not an elastomer a process unit. The proposed ‘‘discard’’ weight percent is to be determined. and the definition of ‘‘elastomer’’ said concept is fundamental in ‘‘Control Device’’. The proposed edits that an elastomer is not a resin, but the distinguishing which fluids exiting the to this definition in subpart U are EPA decided that this circular way of EPPU or TPPU are subject to the intended to remove any ambiguity that defining those terms was not helpful. wastewater provisions in §§ 63.501 or might have been caused by the So, in addition to proposing to remove 63.1330, respectively. Together with the promulgated structure of the definition. the statement in the definition of point of determination and in-process In other words, the EPA is proposing to ‘‘resin’’ that indicated that a resin was equipment concepts in the amended remove the phrase ‘‘replaced with’’ from not an elastomer, the EPA is proposing HON, the proposed definition of the promulgated definition of ‘‘control to replace the term ‘‘epoxy resins’’ with ‘‘wastewater’’ in subparts U and JJJ, like device,’’ and to instead use the phrase the term ‘‘epoxies,’’ in order to avoid the amended HON definition, makes ‘‘shall apply’’ in the proposed even greater confusion over the decision-making for owners and definition. interactions between these definitions. operators of facilities (and for regulatory ‘‘Elastomer Product’’ and ‘‘Elastomer ‘‘Ethylene-propylene rubber’’. The authorities) more straightforward, and Type’’. The EPA is proposing to edit EPA is proposing to take out the phrase makes the proposed rules easier to these definitions to clarify that, under ‘‘moderate amount of the’’ (which implement than the promulgated rules. subpart U, there are 13 distinctly precedes the phrase ‘‘third polymer’’), Because fluids in the in-process different ‘‘elastomer types,’’ which are based on the fact that the phrase equipment are also controlled under listed in the definition of ‘‘elastomer ‘‘moderate amount of’’ is not §§ 63.501 and 63.1330 in these proposed product.’’ quantitatively defined, and therefore amendments, emission reductions will ‘‘Elastomer Product Process Unit offers little useful guidance. not be affected by these proposed (EPPU)’’. The EPA is proposing changes ‘‘Front-end’’. The EPA is proposing to changes. to this definition to resolve several remove a sentence from this definition ‘‘Wastewater Stream’’. The EPA is concerns, and to make a correction. The that caused confusion and was proposing to add a definition of this last sentence of this definition at unnecessary. In particular, the idea that term to both subparts U and JJJ, because promulgation (beginning the ‘‘front-end’’ began specifically at the definition of this term in § 63.111 is ‘‘Compounding units * * *’’) was an ‘‘raw material storage’’ was problematic, inappropriate for subparts U and JJJ, in inadvertent carry over from subpart JJJ, in that material could be hard-piped that it refers to ‘‘wastewater as defined and did not belong in this definition. into a process unit without first being in § 63.101.’’ This is inappropriate for That sentence has been removed from ‘‘stored,’’ per se. subparts U and JJJ because the EPA is the definition proposed in this notice. ‘‘Glass Transition Temperature’’. The proposing to define wastewater in Because the terms ‘‘pipes’’ and EPA is proposing to define this term §§ 63.482 and 63.1312, rather than refer ‘‘ducts,’’ which were used in the (which is used in the definition of to the definition of that term in § 63.101. promulgated version of this rule were ‘‘elastomer’’) as part of these Therefore, the EPA is proposing to add undefined, the EPA has refined the amendments, because the meaning of the proposed definitions for the term terminology, to use the terms ‘‘hard- this term, which is central to the ‘‘wastewater stream’’ to subparts U and piping’’ and ‘‘duct work.’’ The proposed definition of ‘‘elastomer,’’ might not be JJJ and to delete the cross-references to amendments now cross-reference the common knowledge to owners and the HON definition of this term in definitions of ‘‘hard-piping’’ and ‘‘duct operators. §§ 63.482(a) and 63.1312(a). work’’ in ’’63.111 and 63.161, ‘‘Grade’’. The proposed changes to respectively. New language has also this definition are intended to better 2. Changes Unique to Polymers and been added to clarify that utilities and distinguish between the terms Resins I other non-process lines are not ‘‘product,’’ ‘‘recipe,’’ and ‘‘grade.’’ The ‘‘Block Polymer’’. The EPA is considered to be part of the EPPU. proposed definition clarifies that a grade proposing to add a definition of ‘‘block ‘‘Emulsion Process’’ and ‘‘Suspension is a ‘‘group of recipes’’ used for the polymer’’ because that term is used in Process’’. The EPA is proposing to production of one elastomer type, but the definition of the term ‘‘resin.’’ amend the definitions of ‘‘emulsion that more than one recipe can also make ‘‘Continuous Front-end Process Vent’’. process’’ and ‘‘suspension process,’’ up one ‘‘grade.’’ In addition to the changes mentioned which were nearly identical at ‘‘Group 1 Continuous Front-end above under ‘‘Changes Common to promulgation, so that they are Process Vent’’. The changes that the

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EPA is proposing to make to this above under ‘‘Changes Common to response to a comment at proposal, the definition actually represent a Polymers and Resins I and IV,’’ the EPA promulgated rule attempted to make correction, in that this definition was is proposing to add a sentence to the this change but did not do so intended to mirror the HON definition end of this definition, clarifying where adequately. Specifically, the proposed for ‘‘Group 1 Process Vent,’’ but was and how organic HAP weight percent is language removes the parenthetical inadvertently changed to have more to be determined. phrase ‘‘(e.g., methanol)’’ to avoid limiting criteria at the promulgation of ‘‘Emulsion Process’’. The EPA is implying that methanol is the only other subpart U. The missing criteria (i.e., proposing to expand upon this material of interest. flow rate greater than or equal to 0.005 definition, in an attempt at further Fourth, the entire definition of standard cubic meter per minute and clarifying the differences between material recovery section has been total organic HAP concentration greater emulsion processes, mass processes, revised to clarify that the chemicals than or equal to 50 parts per million by and suspension processes. involved are restricted to ethylene volume) have been added to the ‘‘Heat Exchange System’’. The EPA is glycol and methanol for PET affected proposed amendments to this proposing to replace the word sources and styrene for polystyrene definition. ‘‘operated’’ with the phrase ‘‘intended to affected sources. During development of ‘‘Group 2 Continuous Front-end operate’’ in this definition, so that if the Standards of Performance for VOC Process Vent’’. For similar reasons to contact occurs between the cooling Emissions from the Polymers those given above, the EPA is also medium and the process fluid or gases, Manufacturing Industry, ethylene glycol proposing to amend this definition, to the cooling system does not and methanol (for PET) and styrene (for include the missing distinguishing automatically cease to be a ‘‘heat polystyrene) were the only chemicals criteria (i.e., flow rate less than 0.005 exchange system.’’ considered to be involved with the standard cubic meter per minute, total ‘‘Material Recovery Section’’. There material recovery section. Therefore, organic HAP concentration less than 50 are five changes proposed for this other equipment recovering other parts per million by volume, or total definition. First, the EPA is proposing to chemicals are not considered to be part resource effectiveness index value remove the phrase ‘‘purification and of the material recovery section, under greater than 1.0). treatment’’ from the definition. The EPA the amended definition proposed with ‘‘Polybutadiene Rubber by Solution’’ believes that this phrase could be today’s action. and ‘‘Styrene Butadiene Rubber by interpreted to include wastewater Fifth, the proposed language removes Solution’’. These two definitions are treatment processes; this was not the the following sentences: being separated in these proposed intent of the Standards of Performance Equipment that treats recovered materials amendments in order to clarify that they for VOC Emissions from the Polymer are to be included in this process section, but constitute two different elastomer Manufacturing Industry or the equipment that also treats raw materials are products. promulgated Polymers and Resins IV not to be included in this process section. ‘‘Resin’’. The proposed changes to the rule. Because this misinterpretation The latter equipment are to be included in definition of ‘‘resin’’ are intended as could occur, the proposed language the raw materials preparation section. clarifications, and make no substantive removes this phrase and replaces it with These sentences were removed because change to this definition. the terms ‘‘separation’’ and ‘‘recovery.’’ the situation described by them does not ‘‘Stripper’’. The EPA is proposing to The EPA judged that the terms occur in the production of PET or add a very basic definition of the term ‘‘separation’’ and ‘‘recovery’’ more polystyrene. ‘‘stripper’’ to subpart U, because this accurately describe the physical ‘‘Raw Material Preparation Section’’. term is used in subpart U and the EPA operations that are taking place. Slight wording changes have been made believes that it would be helpful to Second, the EPA believes that the to this definition, to clarify the intended define the term. phrase ‘‘off-site purification and meaning of the term ‘‘raw material ‘‘Stripping’’. The EPA is proposing to treatment’’ could be misinterpreted to preparation section.’’ At promulgation, define the term ‘‘stripping’’ rather than exclude on-site activities. Based on the this definition stated that the raw the term ‘‘stripping technology,’’ background documents for the material preparation section began with because the term ‘‘stripping’’ is used in Standards of Performance for VOC the equipment used to transfer raw subpart U. The proposed definition of Emissions from the Polymers materials from storage and ended with ‘‘stripping’’ is largely based on the Manufacturing Industry, which served the last piece of equipment that promulgated definition of ‘‘stripping as the basis for the definition of prepares the material for technology,’’ except that the EPA is ‘‘material recovery section’’ and the polymerization. Under the proposed proposing to be more specific about provisions contained in §§ 63.1316 definition, instead of saying that the raw which processes are considered to be through 63.1320, there is a distinction material preparation section ‘‘begins’’ stripping and which processes are not between on-site and off-site activities in with the equipment used to transfer raw considered to be stripping. the Standards of Performance for VOC materials from storage, the rule states Finally, the EPA is proposing to Emissions from the Polymers that the raw materials preparation remove the following definitions from Manufacturing Industry, and the section ‘‘includes’’ the equipment used subpart U with these proposed proposed language is intended to clarify to transfer raw materials from storage. amendments because these terms are this distinction. The phrase ‘‘separates ‘‘Solid State Polymerization Process’’. not used in subpart U: ‘‘mass process,’’ and recovers * * * for sale or return to The EPA is proposing to define ‘‘solid ‘‘material recovery section,’’ the TPPU’’ signifies on-site activities state polymerization process’’ instead of ‘‘polymerization reaction section,’’ ‘‘raw and the phrase ‘‘separates * * * for off- ‘‘solid state polymerization unit’’ (as materials preparation section,’’ and site recovery’’ signifies off-site activities. was done at promulgation), because the ‘‘solid state polymerization unit.’’ Third, the proposed language is term ‘‘solid state polymerization intended to clarify that equipment process’’ is used in subpart JJJ (in 3. Changes Unique to Polymers and recovering both ethylene glycol and any § 63.1310(d)(5)), while the term ‘‘solid Resins IV other materials is considered to be in state polymerization unit’’ is not. ‘‘Continuous Process Vent’’. In the polymerization reaction section, and ‘‘Storage Vessel’’. In addition to the addition to the changes mentioned not in the material recovery section. In proposed amendments described above

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This process equipment, and (5) aggregate JJJ, that performance test may also be change corresponds to the EPA’s batch vent stream requirements. used to show compliance with the proposed change under which surge Due to the unique nature of batch unit storage vessel provisions in § 63.119(e), control vessels and bottoms receivers operations, this approach is not used for as required under §§ 63.485 and would be subject to the requirements of combined streams containing batch 63.1315. subpart H, to be consistent with the process vent streams but no continuous Sections 63.484(j) and 63.1314(a)(8). approach taken in subpart U, with process vent streams. Except when The EPA is proposing changes to this regard to how it handles surge control combined with continuous process vent paragraph to clarify the intent of the vessels and bottoms receivers, but this streams, compliance must be paragraph and avoid overlap with other proposed change will not cause any demonstrated with the batch process requirements in subparts U and JJJ, and change in the actual control vent requirements in §§ 63.486 through in subpart G of the HON. requirements for surge control vessels 63.492 and §§ 63.1321 through 63.1327 Sections 63.484(k) and (l) and and bottoms receivers. for the portion of the combined stream 63.1314(a)(9) and (10). The EPA is ‘‘Thermoplastic Product Process Unit from the batch process vent. If a batch proposing to add these paragraphs to (TPPU)’’. The EPA is proposing changes process vent stream is combined with a reflect a change to §§ 63.506(e)(5)(ii) and to this definition to resolve several continuous process vent stream, 63.1335(e)(5)(ii), clarifying the concerns. Because the terms ‘‘pipes’’ compliance may be achieved by differences in recordkeeping and and ‘‘ducts,’’ which were used in the complying with the Group 1 continuous reporting requirements for owners and promulgated version of this rule were process vent requirements. Because the operators of storage vessels that are undefined, the EPA has refined the first ‘‘applicable’’ set of requirements required to continuously monitor terminology, to use the terms ‘‘hard- listed under proposed §§ 63.483(b)(2) storage vessel control device parameter piping’’ and ‘‘duct work.’’ The proposed and 63.1313(b)(2) for a combined stream levels, and those for owners and amendments now cross-reference the containing both continuous and batch operators that are not required to definitions of ‘‘hard-piping’’ and ‘‘duct process vent streams is the set of continuously monitor storage vessel work’’ in §§ 63.111 and 63.161, requirements for continuous process control device parameter levels. respectively. New language has also vents (in §§ 63.485 and 63.1315), a Promulgated §§ 63.484(n) and been added to clarify that utilities and combined stream containing both types 63.1314(a)(12). The EPA is proposing to other non-process lines are not of streams would be subject to the remove these paragraphs with these considered to be part of the TPPU. proposed requirements in §§ 63.485(o) amendments, because they are no longer pertinent, due to the promulgated HON E. Emission Standards—Proposed and 63.1315(a)(13), which list the amendments. Neither the Changes to §§ 63.483 and 63.1313 requirements for such a combined Implementation Plan nor § 63.151(c) are Sections 63.483(b) and 63.1313(b). stream. Sections 63.483(c) and 63.1313(c). mentioned in the amended sections of The text that is proposed to be added at The EPA is proposing to make small §§ 63.119 through 63.123. §§ 63.483(b) and 63.1313(b) is based on edits to these paragraphs, to incorporate Sections 63.484(r) and 63.1314(a)(16). the amended HON text in § 63.112(e)(3). terminology changes related to the The proposed changes to these The proposed revisions to §§ 63.483 and paragraphs represent a correction and 63.1313 offer guidance to owners and amended HON wastewater provisions, and to clarify that restrictions related to clarification with regard to compliance operators on how to handle combined dates for storage vessels, as they are emission streams from any variety of which emission points may be included in an emissions average are discussed in referred to in the HON (subpart G). sources. The main difference between Sections 63.484(s) and 63.1314(a)(17). a different section of the rule (i.e., the amended HON text at § 63.112(e)(3) The EPA is proposing to add these §§ 63.503(a)(1) and 63.1332(a)(1)). and the proposed text for §§ 63.483(b) paragraphs because, in their and 63.1313(b) is that the text proposed F. Storage Vessel Provisions—Proposed promulgated form, both subpart U and in this notice includes specific Changes to §§ 63.484 and 63.1314 subpart JJJ referred to § 63.11(b) for provisions pertaining to instances in determining compliance with the flare 1. Changes Common to Polymers and which the combined emission streams requirements. However, § 63.11(b) did Resins I and IV include streams from continuous not actually require a compliance process vents and batch process vents, Sections 63.484(g), (h), (m), (o), (p), demonstration. To remedy this or batch process vents but not and (q); and 63.1314(a)(5) and (a)(6). situation, the EPA is proposing to add continuous process vents. The EPA is proposing minor wording a requirement to perform the As noted above, these provisions offer changes to these paragraphs to clarify compliance demonstration for flares to guidance on how to comply for the intent of the paragraphs and for the §§ 63.504(c) and 63.1333(e). The combined streams from different types sake of consistency between subpart U proposed paragraphs to be added at of emission points. With the exception and subpart JJJ. §§ 63.484(s) and 63.1314(a)(17) replace of combined streams containing batch Sections 63.484(i), 63.1314(a)(7), and the HON reference to § 63.11(b) with a process vent streams, the options are to Promulgated 63.1314(a)(15). The EPA reference to the provisions in comply with the individual has realized that promulgated §§ 63.504(c) and 63.1333(e). requirements for each type of emission § 63.1314(a)(15) contradicted stream in the combined stream, or to promulgated § 63.1314(a)(7), and so 2. Changes Unique to Polymers and comply with the most stringent proposes to remove the paragraph Resins I requirement for any stream in the promulgated as § 63.1314(a)(15). In Section 63.484(a). The EPA is combined stream. The requirements are addition, the EPA is proposing to edit proposing to amend this paragraph to

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11582 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules make the language parallel with that in submit compliance schedules after conducts the TRE index value § 63.1314(a), to avoid confusion due to process changes to continuous process calculation. unintended differences in the language vents, as discussed in §§ 63.485(l) and With this proposed rulemaking, the in subpart JJJ and the language in 63.1315(a)(10). The proposed EPA has added specific provisions for subpart U, and to update outdated cross- amendments to these sections simply combined vent streams, in references. require that a description of the process §§ 63.485(o)(1), (3), (4), and (p) and in Section 63.484(b)(2). The EPA is change be submitted within 180 days 63.1315(a)(13)(i), (iii), (iv), and (a)(14). proposing to amend this paragraph to after the process change is made or with The proposed amendments in clarify that storage vessels containing the next Periodic Report, whichever is §§ 63.485(o)(1) and 63.1315(a)(13)(i) ‘‘other’’ latex products, as the later. would allow owners and operators of promulgated language stated, was Sections 63.485(m) and (n); and batch process vents or aggregate batch intended to mean latex products other 63.1315(a)(12) and (15). The EPA is vent streams that are combined with a than styrene-butadiene latex. proposing to add these paragraphs to Group 1 continuous process vent stream prior to a control device to either G. Continuous Process Vent provide new exceptions from the requirement to comply with the comply with the provisions in §§ 63.113 Provisions—Proposed Changes to through 63.118 for Group 1 process §§ 63.485 and 63.1315 provisions in §§ 63.113 through 63.118, due to new references contained in vents, or comply with the provisions in 1. Changes Common to Polymers and §§ 63.113 through 63.118 (i.e., §§ 63.483(b)(1) and 63.1313(b)(1). Resins I and IV references to HON organic HAP tables, The proposed text that is contained in and references to HON recordkeeping §§ 63.485(p) and 63.1315(a)(14) pertains Sections 63.485(a) and 63.1315(a). to a combined vent stream that is made The proposed changes to these two and reporting requirements), which are inappropriate for subparts U and JJJ. up of a stream from outside of the paragraphs are intended to make the affected source and a continuous Sections 63.485(o) and (p); and language in § 63.1315(a) more consistent process vent stream, if the two streams 63.1315(a)(13) and (14). Under with the language in § 63.485(a), and to are normally conducted through the §§ 63.485(o) and (p) and 63.1315(a)(13) clarify the intended meaning of both same final recovery device. paragraphs. and (14), the EPA is proposing to amend Sections 63.485(u) and Sections 63.485(k) and 63.1315(a)(9). the requirements that were promulgated 63.1315(a)(17). The EPA is proposing The EPA is proposing to restructure as §§ 63.485(m) and (n) and the addition of these paragraphs, so that these two paragraphs to more clearly 63.1315(a)(10)(i) and (ii), to better it is clear that the proposed performance express the parameter monitoring specify what is meant by ‘‘maximum test requirements for flares (contained in requirements and reporting representative operating conditions,’’ §§ 63.504(c) and 63.1333(e)) apply. The requirements associated with and to clarify where (in the process) proposed language in §§ 63.504(c) and continuous process vents. testing should be done. The proposed 63.1333(e) specify the requirements Sections 63.485(l) and 63.1315(a)(10). paragraphs explain that maximum from § 63.11(b) that apply to subpart U The EPA is proposing several changes to representative operating conditions do and JJJ affected sources. Section O.1. these paragraphs. In §§ 63.485(l) and not: (1) Include situations that would below provides further rationale 63.1315(a)(10), changes are being cause damage to equipment; (2) pertinent to this change. proposed that would make subparts U necessitate that the owner or operator Promulgated §§ 63.485(s) and and JJJ more consistent with the HON make product that does not meet an 63.1315(a)(14). The EPA is proposing to requirements for process vents (in existing specification for sale to a remove these paragraphs, which are no §§ 63.113 through 63.118). At customer; or (3) necessitate that the longer needed, because the same promulgation, the EPA had owner or operator make product in exemptions are allowed under inadvertently neglected to include a excess of demand. The EPA is also § 63.116(b), as amended at provision in subparts U and JJJ that was proposing to add general performance promulgation. similar to the provision in § 63.118(k). testing requirements that include these The proposed addition of paragraphs exceptions in §§ 63.504(a) and 2. Changes Unique to Polymers and §§ 63.485(l)(5) and 63.1315(a)(10)(v) 63.1333(a), as will be discussed in Resins I makes subparts U and JJJ consistent greater detail in Section O.1. below. Section 63.485(a) through (j). The with the HON by adding paragraphs that The EPA is also proposing to include changes that the EPA is proposing to are parallel in meaning to § 63.118(k), regulatory language that specifies the these paragraphs are clarifications and which exempts owners and operators period of operations that must be cross-reference updates. For example, in from the requirement to submit a report considered when calculating a TRE § 63.485(f), the EPA is proposing to add of a process change in certain situations index value. The TRE index value must the parenthetical ‘‘(i.e., the proposal (e.g., if the vent stream flow rate is be calculated during periods when one date for subpart G of this part),’’ after recalculated as being less than 0.005 or more batch emission episodes are ‘‘December 31, 1992,’’ in order to standard cubic meter per minute). The occurring that result in the highest explain the significance and origin of EPA is also requesting comments on the organic HAP emission rate (in the that particular date. The proposed idea of incorporating a similar combined vent stream that is being version of § 63.481(f) states that when paragraph as § 63.1425(f)(7)(v) into routed to the recovery device) that is § 63.113 refers to December 31, 1992, subpart PPP, the Polyether Polyols achievable during that 6 month period. ‘‘June 12, 1995’’ (the proposal date of Production NESHAP. For the purposes of determining the subpart U) will instead apply to subpart In addition, as is explained more fully batch emission episode that results in U affected sources. in Section R.1 below, the EPA is the highest HAP emission rate, the Proposed § 63.485(q). Based on an proposing to remove the concept of owner or operator is limited to analysis conducted on the production of submitting compliance schedules considering batch emission episodes elastomers in gas-phased processes, the throughout subparts U and JJJ. that occur during the 6-month period EPA reached three primary conclusions Accordingly, the EPA is proposing to that begins 3 months before and ends 3 that impact proposed § 63.485(q). First, remove the promulgated requirement to months after the owner or operator the production of any elastomer product

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11583 produced in a gas-phased reaction process vent, each batch process vent, 63.1320. The EPA judged that inclusion process, as opposed to only the and each aggregate batch vent stream by of this phrase could mislead readers to production of ethylene propylene 98 weight-percent. believe that there was a corresponding rubber, should be exempt from the set of provisions that addressed PET and H. PET and Polystyrene Affected requirements to control hydrogen polystyrene affected sources using a Sources—§§ 63.1316 Through 63.1320 halides and halogens from outlet batch process. The changes discussed (Polymers and Resins IV Only) combustion devices. This change is above indicate that affected sources addressed in the proposed amendments The proposed amendments contain using a continuous process and those to § 63.485(q)(2). Second, the four fundamental changes to the using a batch process are addressed by production of elastomer products in a provisions for temperature limits for these provisions (i.e., §§ 63.1316 gas-phased reaction process should be final condensers. First, the proposed through 63.1320). treated as a separate subcategory, as amendments change the temperature Section 63.1316(b) and (c). The there are technical differences limit for final condensers from a proposed language in these paragraphs impacting HAP emissions and emission parameter monitoring type of limit to an is intended to clarify that compliance control devices between the gas-phased emission limit (i.e., violations of the with 40 CFR, subpart DDD, is not a reaction process and other elastomer temperature limit are violations of the violation, but that compliance with production processes. emission limitation, not violations of a subpart JJJ is required. Another Finally, the EPA determined that the monitoring limit). Second, the proposed clarifying change that the EPA is exemption from the requirement to amendments remove requirements for proposing is to replace the phrase ‘‘each control halogens from the outlet of an initial performance test and owner or operator’’ with the phrase ‘‘the control devices at gas-phased reaction parameter monitoring of the condenser owner or operator,’’ (or an equivalent elastomer production processes outlet temperature and require phrase) to eliminate the possible represented the MACT floor level of continuous compliance with the daily misinterpretation that more than one control for new and existing sources average temperature for the condenser owner or operator at a single affected (see Docket item no. XX–XX–XX, outlet. Third, the 6°C (10°F) window source would have to illustrate Docket Number A–92–44, for more that allowed the average temperature to compliance with the requirements of information). The EPA also evaluated be 6°C (10°F) warmer than the specified subpart JJJ. A similar change is being the more stringent option of requiring emission limit has been removed. proposed in various places throughout the control of halogens from the outlet Fourth, the averaging period has been both subparts U and JJJ. of control devices, and found that the changed from a 3-hour period to a 24- Section 63.1316(b)(1)(i). This costs per unit of HAP emission hour period. The paragraphs below paragraph was reorganized and reduction (i.e., cost effectiveness) of this describe these and other changes (and rewritten to clarify the intended option were higher than generally the EPA’s rationale for those changes) to meaning. In addition, a reference to considered reasonable by the EPA. the provisions contained in §§ 63.1316 § 63.1318(b) was added to improve the Therefore, § 63.485(q) has been through 63.1320. clarity of this paragraph. restructured to incorporate these Section 63.1316(a). Poly(ethylene Section 63.1316(b)(1)(i)(A), (b)(1)(ii), decisions. terephthalate) resin (PET) and (b)(2)(i), (b)(2)(ii), and (c)(1)(i). The Proposed § 63.485(r) and (t). The EPA polystyrene affected sources are proposed language in these paragraphs is proposing minor wording, cross- considered to be either batch or is intended to clarify that an owner or reference, and clarifying changes to continuous processes. An affected operator may either meet the specified these paragraphs. source is defined as batch or continuous emission limit for each individual Proposed § 63.485(s)(3) through (s)(6). based on the mode of the reactors. That process section (e.g., material recovery The EPA is proposing a change to this is, if the reactor is operated in a batch section or polymerization reaction paragraph that clarifies that the internal mode, then the entire process is section) independently or may meet the combustion engine must be running at classified as a batch process, even if specified emission limit for the all times when organic HAP emissions there are continuous unit operations collection of that type of process section are being routed to it. The promulgated elsewhere within the process unit. The (e.g., material recovery section or paragraph described the monitoring proposed language in § 63.1316(a) is polymerization reaction section) within requirements when using an internal intended to clarify two points. First, the affected source (as a group). combustion engine as a control device §§ 63.1316 through 63.1320 are only Section 63.1316(b)(1)(i)(B) and for a continuous front-end process vent, applicable to process vents at affected (c)(1)(ii). The proposed language in but did not describe the compliance sources producing PET and polystyrene these paragraphs specifies that the requirements for that situation. in continuous processes (i.e., a process averaging period for the temperature where the reactors are operated in a limit is a 24-hour period. The 3. Changes Unique to Polymers and continuous mode). Second, the promulgated paragraph was not specific, Resins IV proposed revision clarifies that affected but a 3-hour averaging period was Section 63.1315(e). The EPA is sources producing either PET or implied. The EPA has determined that proposing to add this paragraph to polystyrene using a batch process (i.e., a 3-hour averaging period is implement requirements for a process where the reactors are inconsistent with other provisions of the acrylonitrile butadiene styrene resin/ operated in a batch mode) are to comply rule which require compliance on a alpha methyl styrene acrylonitrile resin with the provisions in § 63.1315 for daily average basis. The EPA has judged (ASA/AMSAN) affected sources. These process vents from continuous unit that adding to the consistency of the requirements were discussed in the operations within the process and the provisions by having 24-hour averaging preambles to the proposed and provisions in §§ 63.1321 through periods throughout the rule will benefit promulgated rules but were 63.1327 for process vents from batch both the Agency and the regulated inadvertently omitted from the unit operations within the process. community. The EPA believes that little regulatory text. This paragraph requires As part of these changes, the phrase loss in stringency will result from that owners or operators reduce organic ‘‘continuous process’’ has been removed changing from a 3-hour averaging period HAP emissions from each continuous from the titles for §§ 63.1316 through to a daily (i.e., 24 hour) average.

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The EPA is also proposing to add a Section 63.1318(b)(1)(i). The proposed to be 6°C (10°F) warmer than the citation to § 63.1318(d), in order to language in this paragraph is intended specified emission limitation). A clarify that the daily average shall be to clarify that the location of the temperature window is included in the maintained according to the provisions sampling point to be used for Standards of Performance for VOC of § 63.1318(d). The proposed determining the mass emission rate is Emissions from the Polymers provisions in § 63.1318(d) reference after the last recovery or control device. Manufacturing Industry, but it applies other proposed provisions in subpart JJJ Section 63.1318(d). The proposed only when an owner or operator is using that specify how the daily average is to language in this section changes the a condenser as a control device to meet be determined, and that clarify that requirements for demonstrating a percent reduction requirement. values recorded during periods of start- compliance with the temperature limits Because the Standards of Performance up, shutdown, and malfunction are not for final condensers. The promulgated for VOC Emissions from the Polymers to be included in the determination of rule required a performance test to Manufacturing Industry level of control the daily average. demonstrate initial compliance and was found to be the MACT floor, the Section 63.1316(b)(1)(iii), (b)(1)(iv), required monitoring of the condenser changes described above make the (b)(2)(iii), (b)(2)(iv), (c)(1), and (c)(3). outlet temperature using a 3-hour provisions in §§ 63.1316 through These paragraphs were reorganized and averaging period. An exceedance of the 63.1320 consistent with the MACT rewritten to clarify the intended temperature limit was considered to be floor. meaning. an exceedance of the monitoring Finally, the EPA is also proposing to Section 63.1316(c)(1)(iii)(A). The EPA provisions (similar to having a daily change the continuous compliance is proposing to amend the language in average that was above the maximum or demonstration averaging period from a § 63.1316(c)(1)(iii)(A), which, as below the minimum level for parameter 3-hour period to a 24-hour period in promulgated, provides owners and monitoring). The promulgated rule also § 63.1318(d). As previously discussed in operators of polystyrene affected provided a 6°C (10°F) window that this preamble, the EPA is proposing this sources with the option of reducing allowed the 3-hour average to be 6°C change to be consistent with other emissions from continuous process (10°F) warmer than the specified provisions of the rule which require vents in the collection of material emission limit. The EPA is proposing to compliance on a daily average basis. recovery sections by 98 weight percent eliminate these three concepts with Section 63.1319(b). The proposed or to an outlet concentration of 20 parts these amendments, for the reasons changes to § 63.1319(b) are intended to per million by volume. The proposed explained below. clarify that this paragraph applies only amendment clarifies that the use of a The provisions in §§ 63.1316 through to owners or operators complying with combustion device (including, but not 63.1320 are based on the provisions § 63.1316(b)(1)(i) (i.e., demonstrating limited to, thermal incinerators, from the Standards of Performance for that emissions are less than 0.12 catalytic incinerators, boilers, or process VOC Emissions from the Polymers kilogram of organic HAP per megagram heaters) is required when choosing this Manufacturing Industry (40 CFR part 60, of product at existing affected sources compliance option. The regulation as subpart DDD). At initial proposal and producing PET using a continuous promulgated already provided an owner promulgation of subpart JJJ of this part, dimethyl terephthalate process). The or operator with the flexibility to use the EPA made an error in incorporating EPA is also proposing to remove any type of efficient recovery device to the Standards of Performance for VOC § 63.1319(b)(2) of § 63.1319 and to comply with § 63.1316(c)(1)(i). Unless Emissions from the Polymers renumber § 63.1319(b)(2)(ii) as the proposed clarifying amendment to Manufacturing Industry, and the § 63.1319(b)(2) as part of this change. § 63.1316(c)(1)(iii)(A) is made to specify proposed changes in these amendments The proposed language in this that the 98 percent/20 ppmv option are meant to correct that error. The paragraph also removes the requirement must be met using combustion devices Standards of Performance for VOC to record a list of each process variable only, this option could inappropriately Emissions from the Polymers change that may result in an increase in be used to demonstrate compliance Manufacturing Industry specify that the the mass emissions per mass product. through the use of relatively inefficient condenser temperature limit is an The EPA believes that such a recovery devices, since the inlet emission limitation, in that a 3-hour requirement is burdensome and location for performance testing is not average temperature greater than the unnecessary for subpart JJJ because, if specified. specified temperature limit is a changes are made that would increase Section 63.1317. The proposed violation of the emission limit. In the mass emissions per mass product, those language in this section changes the promulgated rule, the EPA mistakenly changes would qualify as process requirements for monitoring the required monitoring (in § 63.1318(d)(1)) changes, and process changes are condenser exit temperature from a 3- that more closely paralleled the addressed in other sections of the rule hour averaging period to a daily (i.e., 24- parameter monitoring required in (see 63.1310(i)(4)). Another proposed hour average). This change is § 63.1334 than it paralleled the change to § 63.1319(b) is that the accomplished by removing promulgated Standards of Performance for VOC qualifying phrase ‘‘up-to-date and paragraph (b). This section, as proposed, Emissions from the Polymers readily accessible’’ has been removed references the monitoring provisions for Manufacturing Industry. The Standards from the requirement to keep records. continuous process vents which are of Performance for VOC Emissions from This qualifying phrase was redundant being proposed to specify that the Polymers Manufacturing Industry do with the requirements of § 63.1335(d). monitoring averages are based on a 24- not require a performance test or Section 63.1319(c). The proposed hour averaging period. establishment of a monitoring level changes in § 63.1319(c) correspond to Section 63.1317, 63.1318(a), because the condenser temperature limit the proposed changes in § 63.1318(d) 63.1319(a), and 63.1320(a). The is an emission limit. The Standards of (described above). The proposed proposed language in these paragraphs Performance for VOC Emissions from changes state that, instead of keeping is intended to clarify that the references the Polymers Manufacturing Industry records of monitoring data for each 3- to group determinations and TRE also do not allow for the 6°C (10° F) hour averaging period (promulgated determinations do not apply to owners temperature window that subpart JJJ paragraph (c)(1)) and records of the and operators under these paragraphs. allowed (by allowing the 3-hour average initial performance test (promulgated

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11585 paragraph (c)(2)), the owner or operator products (e.g., non-elastomer and non- included in today’s proposal, in order to shall keep records of the daily averages thermoplastic products in addition to avoid any further confusion. The demonstrating continuous compliance. elastomer and thermoplastic products) addition of the concept of ‘‘recipe’’ Section 63.1320(b). The EPA is are to be considered when the owner or should further clarify the intent of the proposing to insert a parenthetical operator is using either the expected rule, and address the disconnect phrase, to improve the clarity of this mix of products or the single highest- between the intended meaning of the paragraph. HAP recipe option, and that the concept term ‘‘product’’ and industry’s Section 63.1320(b)(1) and (2). The of ‘‘worst-case HAP emitting product’’ interpretation of the term. proposed language in these paragraphs has been replaced with the concept of The EPA has determined that the has been changed to reflect the changes the ‘‘highest-HAP recipe’’ for a promulgated process of first estimating made to § 63.1319(b). particular product or amongst a group of emissions for all products produced in Section 63.1320(b)(3). The proposed products. a unit operation, and then basing the change to § 63.1320(b)(3) removes the If the expected mix option is selected group determination on the ‘‘worst-case requirement to submit a schedule for for the batch process vent group HAP emitting product’’ at each compliance, for the reasons laid out in determination, the emissions used for individual emission point was section R.1 of this preamble. the group determination must be unnecessarily burdensome. The EPA Section 63.1320(c). The promulgated emissions when producing the highest- has concluded that, for a given product, paragraph contained reporting HAP recipe for each product in the the amount of HAP emitted is closely requirements for affected sources expected mix of products produced by related to the amount of HAP charged to complying with the temperature limit the affected source. If the single highest- the reactor. Therefore, the EPA believes for final condensers based on the HAP recipe option is selected for the that the amount of HAP charged to the promulgated requirements for a batch process vent group determination, reactor is an acceptable surrogate for performance test and parameter the determination is based on emissions HAP emissions when selecting the monitoring. The requirements of this from the annualized production of the recipe to use when performing the batch paragraph are no longer applicable, and highest-HAP recipe considering all process vent group determination the EPA is proposing to ‘‘reserve’’ this products. procedures. For batch process vents paragraph. Important definitions to be added to other than those at the reactor, the same clarify these requirements include the recipe that was determined to be the I. Batch Process Vents—Proposed definitions for ‘‘highest-HAP recipe’’ ‘‘highest-HAP’’ recipe at the reactor is to Changes to §§ 3.486 Through 63.492 and ‘‘recipe’’. ‘‘Recipe’’ is defined as a be used when performing the group and 63.1321 through 63.1327 specific composition, from among the determination. 1. Changes Common to Polymers and range of possible compositions that Requiring the use of the highest-HAP Resins I and IV might occur within a product, and is recipe when estimating emissions for determined by the proportions of the purposes of the group determination The proposed amendments contain monomers and, if present, other (instead of the ‘‘worst-case HAP changes to two fundamental parts of the reactants and additives that are used to emitting product’’) simplifies the group batch process vent provisions: (1) the make the recipe. ‘‘Highest-HAP recipe’’ determination procedures, because an group determination procedures and (2) is the recipe with the highest total mass owner or operator is not required to the batch cycle limitation. A brief of HAP charged to the reactor. The EPA make repetitive emission estimates to outline of and rationale for the proposed believes that determining the ‘‘highest- determine which product type to use amendments to the batch process vent HAP recipe’’ is less difficult and when performing the group provisions is provided below. In burdensome than determining ‘‘worst- determination procedures. Instead, the addition, the EPA is requesting case HAP emitting product,’’ as was revised procedures allow selection of comments, with this notice, on the required at promulgation of subparts U the appropriate recipe for the purposes EPA’s intention of including similar and JJJ. of the group determination based on the revisions to rules modeled after the The concept of recipe has been added mass of HAP charged to the reactor, Polymers and Resins rules and/or rules to distinguish between a ‘‘recipe’’ and which is an objective characteristic of that refer to the batch process vent the intended meaning of the term the recipe that is known by the owner provisions in the Polymers and Resins ‘‘product.’’ After the promulgation of or operator. Once the highest-HAP rules (e.g., the National Emission subparts U and JJJ, some industry recipe is determined, the annual Standards for Hazardous Air Pollutants representatives interpreted the term emissions for that recipe alone need to for Polyether Polyols Production, part ‘‘product’’ to mean the multiple be determined and used in the batch 63, subpart PPP). variations of a given type of elastomer process vent group determination Batch Process Vent Group or thermoplastic. For example, a procedures. Determination. According to the company may produce as many as 100 Batch Mass Input Limitation (formerly proposed amendments, for each batch variations of styrene butadiene latex, ‘‘Batch Cycle Limitation’’). The first process vent the owner or operator must where the variations could occur due to major change that the EPA is proposing determine group status based on either relatively minor changes (i.e., the type to the batch cycle limitation concept is (1) the expected mix of ‘‘products’’ or amount of catalysts or additives, the that the units have changed from (using the highest-HAP recipe for each ratio of monomers, etc). Some owners ‘‘number of batches’’ to ‘‘mass input.’’ product, including non-elastomer and and operators interpreted the The limitation for Group 2 batch process non-thermoplastic products), or (2) promulgated rules to mean that each of vents is no longer based on the number annualized production of the single the 100 variations would be a different of batch ‘‘cycles’’ for the batch unit ‘‘highest-HAP recipe’’ considering all product. However, in the promulgated operation, but is now based on the total recipes for all products (including non- rule, it was the EPA’s intent that owners mass of HAP charged to the reactor or elastomer and non-thermoplastic and operators consider each of these 100 the total mass of material charged to products). The primary changes from variations of styrene butadiene latex to other batch unit operations. Therefore, the promulgated rules are that the be the same ‘‘product.’’ A revised the name batch ‘‘cycle’’ limitation is no proposed amendments clarify that all definition of ‘‘product’’ has been longer accurate. The EPA is proposing

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The EPA is proposing to Group 2 batch process vent would not provisions: if the vent is Group 2 at the change the requirement to reduce have an annual average batch vent flow maximum design capacity of the process ‘‘overall emissions of hydrogen halides rate that exceeded its cutoff flow rate. In unit, then the owner or operator is and halogens by 99 percent,’’ to a other words, the promulgated ‘‘batch exempt from the requirement to requirement to reduce ‘‘overall cycle limitation’’ was intended to calculate a batch mass input limitation emissions of hydrogen halides and monitor an easily determined parameter for that batch process vent (see halogens by at least 99 percent,’’ (i.e., the number of batch cycles run) to §§ 63.487(h) and 63.1322(h)). The EPA (emphasis added). There was some verify that the vent did not become is requesting comments on whether or concern that the promulgated language Group 1. not the ‘‘maximum design capacity’’ of could be misunderstood to mean that While the proposed change does not a batch process vent is a readily emission reductions greater than 99 affect the purpose of the limitation (to definable parameter for these industries. percent would not be acceptable, and verify that the vent does not become As opposed to the preceding the proposed clarification is intended to Group 1), it does change the basis of the explanations of proposed conceptual eliminate such an interpretation of limitation to a parameter that is more changes in the batch process vent subparts U and JJJ. In addition, the EPA directly related to HAP emissions. The requirements, the paragraphs below is proposing to replace the term ‘‘control proposed change allows a certain discuss changes to individual device’’ when discussing the reduction amount of flexibility to owners or paragraphs or sets of paragraphs. of halogen emissions with the more operators, so that they may implement Sections 63.487(a)(1)(i) & (b)(1)(i), precise term ‘‘halogen reduction manufacturing changes that may affect 63.1322(a)(1)(i) & (b)(1)(i), device,’’ as appropriate, throughout the number of batch cycles without 63.491(b)(3)(ii), and 63.1326(b)(3)(ii). subparts U and JJJ. affecting HAP emissions. Under the Flare requirements have been added to Sections 63.487(e) and 63.1322(e). proposed amendments, larger batches or §§ 63.504(c) and 63.1333(e), to make it The EPA is proposing to modify the a larger number of batches may be used clear that a compliance demonstration structure of §§ 63.487(e) and 63.1322(e) to produce an increased amount of for flares must be conducted using the to clarify the requirements when a batch product, as long as the total mass of provisions found in § 63.11(b), as will process vent or aggregate batch vent HAP input to the reactor (or total mass be explained further in Section O.1. of stream is combined with a continuous of material input to other batch unit this preamble. Therefore, the EPA is process vent. The basic intent of these operations) does not increase beyond proposing to change the reference in provisions has not changed from the the established limitation. This not only §§ 63.487(a)(1)(i) and (b)(1)(i) and promulgated rule, but the EPA believes allows owners and operators more 63.1322(a)(1)(i) and (b)(1)(i), and in that the proposed changes clarify this operating flexibility, but produces an §§ 63.491(b)(3)(ii) and 63.1326(b)(3)(ii) intent, which is briefly summarized incentive to develop more efficient to refer owners and operators to the below. If a batch process vent/aggregate production methods. proposed paragraphs in §§ 63.504(c) and batch vent stream is combined with a Under the proposed amendments, the 63.1333(e). Group 1 continuous process vent prior facility must determine the batch mass Sections 63.487(b)(2) and to being routed to a combustion device, input limitation for each vent based on 63.1322(b)(2). The EPA is proposing to the combined vent stream is required to either (1) the expected mix of products add an alternative performance standard comply with the requirements for a (using the highest-HAP recipe for each limit of 20 parts per million by volume Group 1 continuous vent. There are product, and including non-elastomer (ppmv) for noncombustion control special conditions specified in products and non-thermoplastic devices used to comply with the §§ 63.485(o) and 63.1325(a)(13) for products), or (2) annualized production aggregate batch vent stream provisions when performance tests are to be of the single highest-HAP recipe in subparts U and JJJ. This option would performed in this situation. If a batch considering all recipes for all products. be in addition to the present process vent/aggregate batch vent The approach used to determine the performance standard of 90 weight stream is combined with a continuous batch mass input limitation must be the percent organic HAP reduction for each process vent prior to being routed to a same one used in the group aggregate batch vent stream on a recovery device (i.e., before the group determination (described above), since continuous basis. The addition of this determination of the continuous process the batch mass input limitation is lower bound concentration to the vent has been made), §§ 63.487(e)(1)(i) intended to be a gauge for possible performance standard (§§ 63.487(b)(2) and 63.1322(e)(1)(iii) refer the owner or group changes. The emissions used and 63.1322(b)(2)) will encourage the operator to §§ 63.485(o)(2) or when determining the batch mass input use of recovery devices, will allow for 63.1325(a)(13)(ii), which specify how limitation for each Group 2 batch reuse of materials, and will remove an group determinations are conducted in process vent must be calculated using inequity between requirements for this situation. the highest-HAP recipe for each different types of control equipment. Finally, §§ 63.487(e)(2) and product, if the expected mix of products The EPA believes that dilution should 63.1322(e)(2) specify the requirements option is selected, or the highest-HAP not be a concern under the proposed when a batch process vent/aggregate recipe considering all the recipes for all amendments, because under most batch vent stream is combined with a of the products, if the annualized conditions there would not be Group 2 continuous process vent. In this production of the single highest-HAP significant amounts of dilution air in the situation, the owner or operator is recipe option is selected. The owner or aggregate batch vent stream, and that required to determine the group status operator must report the batch mass any attempts to circumvent the of the batch process vent/aggregate input limitation, keep records of the requirement through dilution could be batch vent stream prior to the

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11587 combination with the continuous vent Sections 63.488(b)(1) through (b)(5), (h), and 63.1323(e), (g), and (h), as well and comply with the aggregate batch and 63.1323(b)(1) through (b)(5). The as in other appropriate places in the vent stream provisions in subparts U EPA is proposing a variety of clarifying batch process vent provisions. and JJJ, in accordance with the proposed language changes and cross-referencing Similarly, as described above, the EPA paragraph at §§ 63.487(e)(2) and corrections in these paragraphs. is proposing to define ‘‘annual average 63.1322(e)(2). Sections 63.488(b)(6) and concentration’’ and ‘‘annual average Sections 63.487(f) and (g) and 63.1323(b)(6). The provisions proposed batch vent concentration’’ separately in 63.1322(f) and (g). These paragraphs under §§ 63.488(b)(6) and 63.1323(b)(6) these amendments, and the new reflect changes related to the batch mass clarify when it is acceptable for the terminology is reflected in the proposed input limitation discussed earlier in this owner or operator to use engineering changes to §§ 63.488(e), (g), and (h), and section. The EPA is also proposing to assessment to estimate emissions from a 63.1323(e), (g), and (h). add a provision which allows the owner batch emissions episode. At Sections 63.488(i) and 63.1323(i). The or operator of a Group 2 batch process promulgation, §§ 63.488(b)(6)(ii) and EPA is proposing to add text to vent that is subject to §§ 63.487(f) and 63.1323(b)(6)(ii) specified only that the §§ 63.488(i)(1) and 63.1323(i)(1) that (g) or 63.1322(f) and (g) to comply with emissions estimation equations would will help the owner or operator in the requirements for Group 1 batch be considered inappropriate (thus distinguishing between events that are process vents, instead of establishing a allowing engineering assessment) if considered ‘‘process changes’’ and those batch mass input limitation. previous test data were available that that are not. The EPA is also proposing Sections 63.487(h) and 63.1322(h). showed a greater than 20 percent to add text that would clarify what is The EPA is proposing to add these discrepancy between the test value and required once an owner or operator has provisions, which would exempt the estimated value, or if the owner or determined that a process change has, or owners and operators of Group 2 batch operator could demonstrate to the has not, occurred (e.g., redetermining process vents from the requirement to Administrator that the emissions the batch mass input limitation, and establish a batch mass input limitation estimations equations were reporting the new batch mass input if the emissions for the single highest- inappropriate through ‘‘any other limitation, if appropriate). A provision HAP recipe were used in the group means.’’ The EPA believes that clearer stating that (for Group 2 batch process determination, and, during the group guidance is warranted; therefore, the vents) changes that would reduce the determination, the owner or operator new paragraphs proposed as batch mass input limitation are §§ 63.488(b)(6)(i)(A) through (C) and considered to be process changes, is also used the assumption that the batch unit 63.1323(b)(6)(i)(A) through (C) provide proposed to be added to §§ 63.488(i) and operation would be operating at clearer guidelines for determining when 63.1323(i). In addition, the EPA is maximum design capacity of the EPPU engineering assessment may be used in proposing to add a provision in for 12 months (and the results of the the place of the emissions estimation §§ 63.483(i)(1)(i) and 63.1313(i)(1)(i), group determination were that the batch equations to estimate emissions from a stating that only changes that increase process vent was Group 2). batch emissions episode. For instance, (as opposed to decrease) production Sections 63.488(a)(1) and under these proposed amendments, the capacity or production rate will be 63.1323(a)(1). The EPA is proposing to owner or operator may use engineering considered to be process changes. The revise these paragraphs to reflect assessment to estimate emissions from a proposed paragraphs §§ 63.488(i)(1)(ii) changes related to the group batch emission episode if previous test and (iii) and 63.1323(i)(1)(ii) and (iii) determination procedures (specifically, data show more than a 20 percent provide more specific examples of what replacement of the worst-case HAP- discrepancy between the test value and would be considered to be a process emitting product with the highest-HAP the value estimated through use of the change at a batch process vent, under recipe concept, discussed earlier in this equations in §§ 63.488(b)(1) through these proposed amendments. section). In addition, the EPA is (b)(4) or 63.1323(b)(1) through (b)(4). In As mentioned above and explained proposing several small clarifying addition, the text specifying the related more fully in Section R.1, the EPA is changes. reporting requirements was clarified. proposing to remove the concept of Sections 63.488(b) and 63.1323(b). Sections 63.488(d) and 63.1323(d). submitting compliance schedules The EPA is proposing to amend and The EPA is proposing to clarify that the throughout subparts U and JJJ. restructure this paragraph, to clarify (1) annual emissions being considered Accordingly, the EPA is proposing to how to estimate emissions, (2) when it under these paragraphs are the annual remove the promulgated requirement to is appropriate to use the emission emissions of total organic chemical submit compliance schedules after estimation equations, and (3) when it is (TOC) or organic HAP, and to clarify process changes have been made to acceptable to use other methods of where and how annual emissions are batch process vents, as discussed in estimating emissions. The EPA is also determined (by cross-referencing the §§ 63.488(i)(3)(i) and (ii), 63.1323(i)(3)(i) proposing text that clarifies that all paragraphs that specify the correct and (ii), and 63.492(b) and 63.1323(b). standard reference will be permissible procedures for determining annual Sections 63.489 and 63.1324. For the for obtaining individual component emissions). sake of clarity, the EPA is proposing to vapor pressure and molecular weights. Sections 63.488(e), (g), and (h), and change the title of this section from Finally, the EPA is proposing to move 63.1323(e), (g), and (h). As described in ‘‘Batch (front-end) process vents— regulatory language from promulgated more detail above in the ‘‘Definitions’’ monitoring requirements’’ to ‘‘Batch §§ 63.488(b) and 63.1323(b) to proposed section, the EPA is proposing to replace (front-end) process vents—monitoring §§ 63.488(b)(9) and 63.1323(b)(9), the promulgated terms ‘‘average flow equipment’’. The section does not respectively. The regulatory language rate’’ and ‘‘annual average flow rate’’ uniquely specify monitoring that the EPA is proposing to move with the terms ‘‘average batch vent flow ‘‘requirements’’ so much as it discusses clarifies when it is appropriate to use rate’’ and ‘‘annual average batch vent the requirements for different types of Henry’s Law or Raoult’s Law to flow rate,’’ throughout subparts U and monitoring equipment. determine partial pressure, and is a JJJ, and is proposing definitions for Sections 63.489(a) and 63.1324(a). distinct topic, best set off from the these new terms. The new terms are The proposed amendments to remainder of the main paragraph (b). used throughout §§ 63.488(e), (g), and §§ 63.489(a) and 63.1324(a) incorporate

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11588 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules changes that originated in the HON The first option being proposed references to §§ 63.506(f) and 63.1335(f) amendments (§ 63.114(a)), and which would allow owners or operators to (the general recordkeeping are intended to clarify how monitoring determine gas flow to the scrubber by requirements), in situations where the equipment are to be operated if using the design blower capacity, with owner or operator is requesting to ‘‘manufacturer’s specifications’’ do not appropriate adjustments for pressure monitor alternative parameters. exist or are not available. The proposed drop. This would provide a ‘‘worst Sections 63.489(d) and 63.1324(e). edits to §§ 63.489(a)(2) and 63.1324(a)(2) case’’ gas flow. If the required The EPA is proposing to remove the represent a clarification, specifying that compliance demonstration showed that promulgated paragraph §§ 63.489(d)(3) it is the daily average of the monitored a scrubber could meet the emission and 63.1324(e)(3), because parameters that must remain above or reduction requirements for hydrogen §§ 63.489(d)(1) and (d)(2) and below (as appropriate) the parameter halides and halogens during these worst 63.1324(e)(1) and (e)(2) provide monitoring level. The proposed changes case flow conditions, the EPA sufficient specifications for monitoring also clarify that where exceptions (such anticipates that compliance would also requirements associated with bypass as excused excursions) apply, the owner be achieved during conditions of lower lines. By continuously monitoring a or operator is not in violation of the gas flow. parameter (as discussed in standard. In the second proposed option, the §§ 63.489(d)(3) or 63.1324(e)(3)), an Sections 63.489(b) and 63.1324(c). EPA recognizes that some post- owner or operator is plainly taking a The subheading of this paragraph combustion scrubbers, regulated under reading ‘‘at least once every 15 contains a proposed change that would RCRA requirements, are already minutes,’’ which is the option given clarify that this paragraph addresses required to determine an L/G ratio to under §§ 63.489(d)(1) and 63.1324(e)(1). monitoring equipment for which demonstrate compliance with emission In addition, the EPA is proposing to parameters must be established, rather reduction requirements. The EPA is change the phrase ‘‘bypass line valve’’ than providing specific monitoring proposing that methods of determining to ‘‘bypass line damper or valve,’’ to parameters. The EPA is also proposing gas flow which have been utilized to incorporate the concept that either a to replace the term ‘‘flow meter’’ with comply with pre-existing RCRA damper or valve could function as the the more precise term ‘‘flow regulations should also be acceptable for by-pass mechanism. Sections 63.489(e)(1), 63.1324(f)(1), measurement device,’’ in the purposes of subparts U and JJJ. This 63.490(b)(3), and 63.1325(b)(3). The §§ 63.489(b)(4)(ii) and 63.1324(c)(4)(ii) proposed option also provides that a EPA is proposing to make a change to and in other places throughout subparts determination made before the these paragraphs that is parallel to the U and JJJ. The EPA is also proposing to compliance date for this rule may be change made in the amended HON add procedures for determining gas used in the compliance demonstration if it is still representative. (§ 63.114(e)), allowing data obtained stream flow which parallel the amended Finally, the EPA is proposing that from prior performance tests to be used, HON text (§ 63.114(a)(4)(ii)(A) through owners or operators may develop a gas provided that the prior performance test (C)), in §§ 63.489(b)(4)(ii)(A) through (C) flow determination plan. The plan was conducted for determining and 63.1324(c)(4)(ii)(A) through (C). would specify a reliable method for compliance with a regulation The proposed addition of determining the gas stream flow, to promulgated by the EPA. Further §§ 63.489(b)(4)(ii)(A) through (C) and provide a representative or at least a proposed requirements include the 63.1324(c)(4)(ii)(A) through (C) would worst-case flow rate during specification that the test had to have constitute a correction to the representative operating conditions. been conducted using the same Methods requirements for continuous monitoring Recordkeeping requirements would specified in these rules and that either of gas flow entering an acid gas apply to these proposed provisions. The no deliberate process changes have been scrubber. In the promulgated rules, EPA believes that this performance- made since the test, or the owner or when a scrubber was used after a oriented option is necessary due to the operator can demonstrate that the combustion device for halogenated wide variety of technologies and process results of the performance test reliably streams, the owner or operator was configurations in existence. For demonstrate compliance despite process required to use a flow meter with a example, owners and operators may changes. continuous recorder at the scrubber utilize multiple scrubbers in series at a Sections 63.489(e)(1)(ii) and inlet to measure gas flow. The EPA later combustion unit, which may require a 63.1324(f)(1)(ii): The EPA is proposing received information that demonstrated different approach to determining the to amend this paragraph to clarify that that continuous monitoring of this acid gas flow than when a single scrubber is the ‘‘control efficiency requirement’’ is gas stream would be impractical, due to used. an emission reduction of 90 percent by the harsh conditions at the scrubber Sections 63.489(b)(7) and explicitly stating the emission reduction inlet. A continuous monitoring device 63.1324(c)(7). The EPA is also proposing requirement. would be expected to have a very short to give the owner or operator a better Sections 63.490(a) and 63.1325(a). service life due to the combination of idea of which parameters it is The EPA is proposing to refer to the high temperature and corrosivity/low acceptable to monitor for a carbon flare requirements that the EPA has pH. Thus, it would be extremely costly adsorber, by replacing the term ‘‘stream proposed to add at §§ 63.504(c) and for owners and operators to comply flow’’ with the more precise phrase 63.1333(e), to make it clear that a with the promulgated requirement for ‘‘steam flow or nitrogen flow, or compliance demonstration for flares continuous monitoring of gas stream pressure (gauge or absolute),’’ in must be conducted using the provisions flow. §§ 63.489(b)(7) and 63.1324(c)(7) and in found in § 63.11(b), as will be explained Therefore, the EPA is proposing to other places throughout subparts U and further in Section O.1. of this preamble. allow three different options for JJJ, as appropriate. Sections 63.490(b)(3) and determining gas flow. Each of these Sections 63.489(c) and 63.1324(d). 63.1325(b)(3). As discussed below under options would provide sufficient data to The EPA is proposing to add a cross- ‘‘Sections 63.490(b)(6) and determine a liquid/gas (L/G) ratio for reference to §§ 63.492(e) and 63.1327(f) 63.1325(b)(6),’’ the proposed changes to use in monitoring operation of the acid (the reporting requirements for batch §§ 63.490(b)(3) and 63.1325(b)(3) make gas scrubber. process vents) in addition to the these paragraphs more general, so that

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11589 they cover the situations that, at Sections 63.490(c)(1)(ii), (iii), and (v) determination, records must be kept of promulgation, it took two paragraphs and 63.1325(c)(1)(ii), (iii), and (v). The the emission estimates during the ((b)(3) and (b)(6)) to cover. The proposed EPA is proposing to add text to these production of the highest-HAP recipe changes to §§ 63.490(b)(3) and paragraphs to clarify the intended for each unique product included in the 63.1325(b)(3) allow an owner or meaning and to reflect the use of new expected mix, while if the single operator to not do a performance test for terminology (e.g., average batch vent highest-HAP recipe (considering all a control device for which a prior concentration) that the EPA is proposing products) option is used for the group performance test was conducted for the to add definitions for in §§ 63.482(b) determination, then only records of purpose of determining compliance and 63.1312(b). emission estimates during the with another regulation promulgated by Sections 63.490(d) and 63.1325(d). production of the single highest-HAP the EPA, as long as the Methods used The proposed changes to §§ 63.490(d)(1) recipe must be kept. for that performance test are the same as through (5) and 63.1325(d)(1) through Sections 63.491(a)(7) & (8) and those required in §§ 63.490 and 63.1325, (5) also reflect the use of newly defined 63.1326(a)(7) & (8). With the proposed and no significant process changes have terminology such as ‘‘average batch vent edits to these paragraphs, the EPA is been made since the prior performance concentration.’’ In addition, the EPA is proposing a recordkeeping burden test was conducted. proposing to replace the term ‘‘control reduction, in that certain group Sections 63.490(b)(5) and device’’ with the more precise term determination records would no longer 63.1325(b)(5). The EPA is proposing ‘‘halogen reduction device’’ in these be required to be kept for Group 1 batch changes to these paragraphs that would paragraphs. process vents or aggregate batch vent clarify the original intent of the Sections 63.490(d)(3) and streams that are using control devices to paragraph (which was that an owner or 63.1325(d)(3). The proposed edit to achieve compliance. This proposed operator would be exempt from these paragraphs is a correction. The change is consistent with many other conducting a performance test on an phrase ‘‘and multiplying by 100’’ instances in subparts U and JJJ where incinerator that was in compliance with needed to be added to the end of each owners and operators are no longer paragraph in order for percent reduction 40 CFR part 264, subpart O). In ‘‘required’’ to keep records, if those to be the outcome of the procedures addition, the proposed changes to these records are contained in a report that described in those paragraphs. paragraphs specify that owners and has been submitted to the EPA in Sections 63.490(e)(2) and accordance with these subparts. The operators of interim-status hazardous 63.1325(e)(2). The proposed addition of waste incinerators are also exempt from proposed reduction in the these paragraphs clarifies how the recordkeeping burden is accomplished the requirement to conduct a owner or operator of an aggregate batch performance test for those incinerators. by removing the promulgated vent stream is supposed to apply the paragraphs §§ 63.491(a)(8) and Sections 63.490(b)(6) and performance testing procedures in 63.1326(a)(8), and by removing the 63.1325(b)(6) (promulgated). The EPA is § 63.116(c) to aggregate batch vent condition that the control device must proposing to remove §§ 63.490(b)(6) and streams (i.e., the new paragraphs clarify be operating at all times during the 63.1325(b)(6), because the proposed that a 90 percent reduction is required, batch emission episode from the amendments to §§ 63.490(b)(3) and rather than the 98 percent reduction recordkeeping exemption in 63.1325(b)(3) make the promulgated specified in § 63.116(c)(4)). §§ 63.491(a)(7) and 63.1326(a)(7). §§ 63.490(b)(6) and 63.1325(b)(6) Sections 63.490(f) and 63.1325(g). In addition, the EPA is proposing to unnecessary. Both of the promulgated These paragraphs reflect changes related remove the requirement that these paragraphs (i.e., (b)(3) and (b)(6)) to the concepts of batch mass input emission points already be in discussed when results from a limitation and highest-HAP recipe, compliance with the Group 1 previously conducted performance test which were discussed at the beginning requirements in order to be exempt from could be used in lieu of conducting a of this section (I.1.) as general concepts. the recordkeeping requirements, to new performance test. At promulgation, Sections 63.491(a) and 63.1326(a). avoid instances in which industry might paragraphs §§ 63.490(b)(3) and The EPA is proposing to add language be subject to ‘‘double penalties’’ for 63.1325(b)(3) were specific to tests to this paragraph that refers to the being out of compliance with the Group conducted for compliance with a New proposed provisions in §§ 63.491(a)(9) 1 requirements as well as for not having Source Performance Standard, and and 63.1326(a)(9). The proposed kept the group determination records. paragraphs §§ 63.490(b)(6) and provisions in §§ 63.491(a)(9) and Instead, the EPA has proposed to 63.1325(b)(6) addressed tests conducted 63.1326(a)(9) discuss the recordkeeping replace the phrase ‘‘in compliance for compliance with ‘‘other subparts in requirements for Group 2 batch process with’’ with the phrase ‘‘subject to’’ in 40 CFR part 60 or part 63.’’ Both ideas vents that are exempt from the batch reference to the Group 1 requirements are now expressed in §§ 63.490(b)(3) mass input limitations, under proposed contained in §§ 63.487(a) and (b) and and 63.1325(b)(3), as described above. paragraphs §§ 63.487(h) and 63.1322(h). 63.1322(a) and (b). As a result of this proposed change, the Sections 63.491(a)(1) through (3) and Sections 63.491(a)(9) and EPA is also proposing to remove the text 63.1326(a)(1) through (3). The EPA is 63.1326(a)(9). The EPA is proposing to from § 63.1325(b) that discussed proposing changes to these paragraphs, add new paragraphs at §§ 63.491(a)(9) § 63.1325(b)(6). in order to be consistent with the and 63.1326(a)(9), describing the Sections 63.490(c)(1)(i)(B) and proposed approach of using a batch minimal recordkeeping requirements for 63.1325(c)(1)(i)(B). The EPA is mass input limitation, and the use of the Group 2 batch process vents that are proposing to add text to clarify that ‘‘highest-HAP recipe’’ for batch process exempt from the batch mass input references to particulate matter in vent group determinations. These limitation provisions. The proposed Method 1A do not apply for the proposed approaches are discussed in recordkeeping requirements for those purposes of subparts U and JJJ. This more detail earlier in this Preamble. The emission points only require the owner proposed addition verifies that Method proposed additions of §§ 63.491(a)(2)(i) or operator to maintain documentation 1A is an acceptable method for selecting and (ii) and 63.1326(a)(2)(i) and (ii) of the maximum design capacity of the sampling sites at small (less than twelve clarify that if the expected mix of EPPU or TPPU, and of the mass of HAP inches in diameter) pipes and ducts. products option is used for the group or material that can be charged annually

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11590 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules to the batch unit operation at the to the control devices listed in those order for a Group 2 batch process vent maximum design capacity. paragraphs (i.e., flares and carbon to be exempt from the batch mass input Sections 63.491(b), 63.1326(b), and adsorbers). limitation provisions, the owner or elsewhere throughout both rules. The Sections 63.491(e)(2)(ii) and operator will have had to conduct the EPA is proposing to remove the phrase 63.1326(e)(2)(ii). The EPA is proposing group determination using the single ‘‘up-to-date’’ from the recordkeeping to amend these paragraphs to clarify highest-HAP recipe while assuming that requirements, because that phrase does that monitoring data recorded during (1) the batch unit operation was operating not actually state the frequency with periods of non-operation of the EPPU/ at maximum design capacity for 12 which records must be ‘‘up-dated.’’ The TPPU (or specific portion thereof) months. EPA believes that the regulatory text, resulting in cessation of organic HAP Sections 63.492(a)(6) and minus the phrase ‘‘up-to-date’’, is emissions, or (2) periods of start-up, 63.1327(a)(6). The EPA is proposing to sufficient to convey the EPA’s intent, shutdown, or malfunction, are not to be add this paragraph to clarify that the which was that the owner or operator included in the computation of batch owner or operator who has chosen to must maintain all records that are cycle daily averages. The EPA is also use engineering assessment to estimate required under these subparts. requesting comments on the idea of emissions from a batch emissions Sections 63.491(b)(2) and incorporating similar changes into episode must submit, as part of the 63.1326(b)(2). The EPA is proposing to § 63.1430(d)(2)(i) of subpart PPP, the Notification of Compliance Status, a amend these paragraphs to reflect the Polyether Polyols Production NESHAP. report stating that the criteria for being fact that the owner or operator of the Sections 63.491(f) and 63.1326(f). The able to do so (in §§ 63.488(b)(6)(i) (A) batch process vent has the choice of EPA is proposing to amend these and (B) and 63.1323(b)(6)(i) (A) and (B)) complying with § 63.487 (a)(1) or (a)(2) paragraphs so that, instead of referring have been met. for batch front-end process vents under to the recordkeeping requirements in Sections 63.492(b) and (c) and subpart U, or of complying with §§ 63.118(a) and (b), 63.491(f) and 63.1327(b), (c), and (d). These § 63.1326(a)(1) or (a)(2) for batch process 63.1326(f) will list the appropriate paragraphs reflect the EPA’s proposal to vents (except those being used to recordkeeping requirements for remove all requirements related to produce SAN) under subpart JJJ. aggregate batch vent streams. This submitting a schedule for compliance, Sections 63.491(b)(3)(ii) and (iii); proposed change does not alter existing as addressed earlier in this preamble 63.1326(b)(3) (ii) and (iii); and requirements; rather, it simply lists the under the discussion of proposed elsewhere. The EPA is proposing to refer applicable provisions in subparts U and changes to §§ 63.480(i)(2) and to the flare requirements that the EPA JJJ directly, rather than cross-referencing 63.1310(i)(2). In addition, the text has proposed to add at §§ 63.504(c) and the HON provisions. describing the submittal date of the 63.1333(e), to make it clear that a Sections 63.491(g) and 63.1326(g). report referenced by these paragraphs compliance demonstration for flares The EPA is proposing to add these has been rewritten to clarify the must be conducted using the provisions paragraphs, which describe the intended meaning (i.e., that a found in § 63.11(b), as will be explained documentation requirements associated description of the process change must further in Section O.1. of this preamble. with establishing the batch mass input be submitted to the Administrator The EPA is also proposing to clarify, limitation. This proposed language within 180 days after the process throughout both rules (including in replaces the promulgated language that change, or in the next Periodic Report, §§ 63.491(b)(3)(iii) and appeared in §§ 63.490(f)(2) and whichever is later). Finally, in 63.1326(b)(3)(iii)), that only instances in 63.1325(g)(2), which described the paragraphs §§ 63.492(c) and 63.1327(c), which all pilot flames are absent (at a documentation requirements the EPA is proposing to remove the particular vent) must be recorded. In accompanying the establishment of a requirement to submit the results of the other words, if one pilot flame is absent, batch cycle limitation. As an example, redetermination of annual emissions, but a backup pilot flame is present at one difference between the promulgated annual average batch vent flow rate, and the process vent, the owner or operator provisions and those proposed under cutoff flow rate, because the EPA has need not record the incident. today’s action include the fact that, determined that this requirement Sections 63.491(d) and 63.1326(d). under proposed §§ 63.491(g) and represents an unnecessary reporting These paragraphs reflect changes related 63.1326(g), the owner or operator must burden for industry. to the concept of batch mass input identify whether or not they will be Sections 63.492(d)(2) and limitation, which was discussed earlier using the ‘‘highest-HAP recipe’’ to 63.1327(e)(2). Sections 63.492(d) and in this section. establish the batch mass input 63.1327(e) specify the conditions under Sections 63.491(e)(1)(i) & (ii) and limitation, instead of having to identify which an owner or operator is not 63.1326(e)(1)(i) & (ii). The EPA is whether or not they will be using the required to submit a report of a process proposing clarifying edits to these ‘‘worst-case HAP emitting product,’’ (to change. In §§ 63.492(d)(2) and paragraphs, by specifying that the establish the ‘‘batch cycle limitation’’) 63.1327(e)(2), the EPA is proposing to records described in Table 6 of subpart as was required in the promulgated rule. add the condition that ‘‘the batch mass U and Table 7 of subpart JJJ, which list This general change (from the ‘‘worst- input limitation does not decrease’’ to the monitoring, recordkeeping, and case’’ concept to the ‘‘highest-HAP’’ the list of circumstances for which a reporting requirements for Group 1 concept) was discussed more fully at the report of a process change is not batch process vents, shall be beginning of this section of the required. There may be circumstances ‘‘maintained in place of continuous preamble (I.1.) in which a process change will not records (or batch cycle daily averages)’’ Sections 63.492(a)(5) and affect the group status of a batch process instead of being ‘‘kept rather than 63.1327(a)(5). The proposed vent or increase emissions in excess of averages,’’ because the word ‘‘averages’’ amendments include these new the cutoff, but the process change will does not apply to all of monitored paragraphs, which provide reporting necessitate a decrease in the batch mass parameter values required by those requirements for Group 2 batch process input limitation. Such a decrease in the tables. The language being proposed in vents that are exempt from the batch batch mass input limitation needs to be §§ 63.491(e)(1)(i) and (ii) and mass input limitation provisions. As reported because compliance with the 63.1326(e)(1)(i) and (ii) is now specific discussed earlier in this section, in batch mass input limitation is necessary

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11591 to ensure that a Group 2 batch process Section 63.1323(j). The EPA is process residual organic HAP vent remains a Group 2 batch process proposing to make changes to this limitations. The EPA is proposing to vent. paragraph to implement the concept modify this paragraph to state that there Sections 63.492(f) and 63.1327(g). The proposed in § 63.1310(i)(1)(i) that are also no back-end process residual EPA is proposing changes to these process changes are only changes that HAP limitations for styrene butadiene paragraphs reflecting the EPA’s decision increase (as opposed to decrease) rubber produced by any process other that a damper could also be used as a production capacity or production rate. than a solution process, polybutadiene bypass mechanism. The implementation of this concept for rubber produced by any process other this paragraph is phrased as ‘‘process than a solution process, and ethylene- 2. Changes Unique to Polymers and changes * * * that could reasonably be propylene rubber produced by any Resins I expected to adversely impact the process other than a solution process. Section 63.489(b)(4). The EPA is compliance status (i.e., achievement of Section 63.494(d). The EPA is proposing to add the phrase ‘‘or 84 percent emission reduction).’’ In proposing to add this paragraph to halogenated aggregate batch vent addition, the cross-reference to the specify which requirements the owner streams’’ after the phrase ‘‘halogenated requirement to submit a compliance or operator must follow if they are batch front-end process vents,’’ to schedule has been removed from complying with the residual HAP clarify that the monitoring equipment is proposed § 63.1323(j)(3) and the limitations by using a flare. required whenever an incinerator, timeframe for compliance is set by the Section 63.495(b)(2)(i) and (ii). The boiler, or process heater is used in provisions of § 63.1310(i); removal of proposed amendments contain a minor concert with the combustion of the requirement for submission of change in terminology in these two emissions from either type of emission compliance schedules is discussed more paragraphs and elsewhere throughout point. fully in Section B.1. the rule (e.g., § 63.497(a)), from ‘‘batch (or continuous) stripping’’ at Section 63.490(c)(1)(i)(D). The EPA is J. Back-end Provisions— Proposed promulgation, to ‘‘a stripper operated in proposing amendatory language to this Changes to §§ 63.493 Through 63.500 batch (or continuous) mode’’ in the paragraph to indicate that other (Polymers and Resins I Only) proposed amendments. As described in methods or data that have been Section 63.493. The introductory text greater detail in Section II.D of this validated according to the applicable to the back-end provisions of subpart U notice, the EPA is proposing to define procedures in Method 301, 40 CFR part has been amended slightly in this the term ‘‘stripper’’ and to define the 63, appendix A, may be used to proposal, to clarify which producers are term ‘‘stripping’’ instead of the term determine the concentration of organic exempt from the back-end provisions. ‘‘stripping technology.’’ HAP or TOC. The promulgated language reads Section 63.495(b)(5). The proposed Section 63.491(e)(3) & (4). The ‘‘Owners and operators of affected amendment to this paragraph specifies proposed amendments to these sources that produce only latex that samples taken during a start-up, paragraphs will clarify that it is the products, liquid rubber products, or shutdown, or malfunction should not be diversion of flow, rather than flow itself, products in a gas-phased polymerization included in the monthly weighted that the flow indicator is detecting. In reaction are not subject to * * *’’ The average. It is the EPA position that such addition, the EPA is proposing to proposed language that would replace samples are not ‘‘representative’’ of the remove the redundant requirement to the promulgated language reads, back-end process for the month during record the ‘‘duration’’ of periods when ‘‘Owners and operators of affected which the start-up, shutdown, or flow is diverted away from a control sources whose only elastomer products malfunction occurred. device from § 63.491(e)(3). Section are latex products, liquid rubber Section 63.496(b)(5)(i). The EPA is 63.491(e)(3) continues to require the products, or products produced in a gas- proposing to amend this paragraph in owner or operator to maintain a record phased reaction process are not order to clarify the intended meaning of of the times of all diversions, from subject * * *.’’ The proposed edits the promulgated paragraph, which was which the duration of the periods could should clarify that this exemption that sampling sites for inlet emissions always be calculated. The EPA is also applies to owners and operators of shall be located at the exit of the back- proposing to remove text that refers to affected sources (i.e., those that produce end process unit operation, and that the requirements in § 63.489(d)(3) elastomers). sampling sites for outlet emissions shall (which have been deleted in these Section 63.494(a). The EPA is be located at the outlet of the control or proposed amendments) from proposing an amendment to this recovery device. § 63.491(e)(4). paragraph that will clarify the location Section 63.496(b)(5)(i)(A) and (B). The Section 63.492(a). The phrase ‘‘or at which the residual monomer in proposed edits to these paragraphs are aggregate batch vent stream’’ has been products must be determined, by adding meant to clarify that equipment in added in the proposed amendments to a cross-reference to § 63.495(d) (which compliance with the equipment leak this paragraph, to clarify that these states the procedures for determining provisions do not constitute reporting requirements apply to both the sampling location), and by opportunities for emission to the owners and operators of batch front-end specifying that the measurement must atmosphere, for the purpose of these process vents and owners and operators be taken after the reactor, if the affected paragraphs. of aggregate batch vent streams. source does not have strippers. This Section 63.496(b)(6)(iv). The EPA is latter clarification was necessary proposing a minor edit to this 3. Changes Unique to Polymers and because at promulgation the rule gave paragraph, so that the actual equation Resins IV no guidance as to where the sampling number (Equation 30) is explicitly Section 63.1321(d). The EPA is site for residual organic HAP should be mentioned, rather than implicitly proposing to add this paragraph to at an affected source that did not have referring to the equation, as the language clarify that owners or operators strippers. did at promulgation. producing ASA/AMSAN shall comply Section 63.494(a)(4). At promulgation, Section 63.496(b)(7)(i). The EPA is with paragraph § 63.1315(e), under this paragraph listed elastomer products proposing to refer to the flare these proposed amendments. for which there were no back-end requirements that the EPA has proposed

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11592 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules to add at § 63.504(c), to make it clear the recordkeeping requirements viscosity multiple end finisher that that a compliance demonstration for associated with § 63.497(d)(3). utilizes a process contact cooling tower flares must be conducted using the Sections 63.498(a)(1)–(3), 63.498(d), must comply with the existing affected provisions found in § 63.11(b), as will 63.499(a)(1)–(3), and 63.499(c)(3). The source requirements in § 63.1329(c). be explained further in Section O.1. of EPA is proposing to remove the Section 63.1329(c). The EPA is this preamble. requirement to keep records of the proposing to add text to this paragraph Section 63.496(b)(7)(iv). The proposed information listed in § 63.498(a)(1) to clarify the intended meaning. changes to this paragraph would exempt through (3). The information requested Specifically, text is being proposed that owners and operators from conducting under § 63.498(a)(1) through (3) is states that owners or operators another source test to determine the readily apparent upon inspection of the complying with this paragraph outlet organic HAP emissions from a facility. Further, that information is also § 63.1329(c) must also comply with the specific control device if a performance reported to the Administrator in the wastewater provisions specified in test was conducted for determining Notification of Compliance Status, as is § 63.1330 for process wastewater compliance with another regulation required under the proposed streams sent to the process contact promulgated by the EPA for the same amendments to § 63.499(a)(1) through cooling tower. control device. The prior performance (3). Section 63.1329(c)(1)(i). The EPA is test would have to have been conducted Similarly, the EPA is proposing to proposing to remove text from this using the same Methods specified in remove the requirement to keep records paragraph that discussed violations of subpart U, with no deliberate process of the information listed in the the standard. Compliance with the changes having been made since the promulgated paragraphs § 63.498(d)(2) standard is discussed elsewhere in the test. The EPA is also proposing that the through (4), because that information is rule and ‘‘violations’’ do not need to be owner or operator be permitted to all reported to the EPA according to discussed in this paragraph or section. demonstrate that the results of the other provisions of the rule (or is being Section 63.1329(c)(1)(iii). The EPA is performance test, with or without proposed as a reporting requirement proposing to add definitions of the adjustments, reliably demonstrate under § 63.499(c)(3)). In addition, a terms used in Equation 27, which were compliance despite process changes. small clarifying edit is being proposed inadvertently left out at promulgation Section 63.496(b)(7)(vi). The EPA is for § 63.498(d)(5)(i). (i.e., ‘‘CI95’’ and ‘‘Xi’’). proposing to add this paragraph so that Section 63.498(d)(5)(ii)(B). The EPA is there is an exemption for RCRA proposing to add a sentence to this L. Wastewater Provisions— Proposed incinerators in addition to the paragraph, clarifying that monitoring Changes to §§ 63.501 and 63.1330 promulgated exemption for RCRA data recorded during periods of non- 1. Changes Common to Polymers and boilers and process heaters (which is in operation of the EPPU (resulting in Resins I and IV § 63.496(b)(7)(v)), because there was no cessation of organic HAP emissions) or technical reason to offer this exemption during periods of start-up, shutdown, or As mentioned earlier in this for boilers and process heaters, but not malfunction shall not be included in preamble, several cross-referencing and offer it for incinerators. computing the hourly or daily averages clarifying changes need to be made to Section 63.497(a)(6). For the same for a control or recovery device on a §§ 63.501 and 63.1330 as a result of the reasons given earlier under ‘‘Section back-end process. The reason for this extensive amendments to the HON 63.489(b),’’ the EPA is proposing to proposed change is that the EPA wastewater provisions, which both replace the phrase ‘‘regeneration stream believes that data recorded during those §§ 63.501 and 63.1330 reference. For flow’’ with the phrase ‘‘regeneration time periods are not representative of example, § 63.149 of the HON, which steam flow, nitrogen flow, or pressure the hour or day in which the period of was formerly ‘‘Reserved’’, now contains (gauge or absolute).’’ This same change non-operation of the EPPU (resulting in control requirements for certain liquid will be evident in several other places cessation of organic HAP emissions), streams in open systems. Because the in the proposed amendments (e.g., in start-up, shutdown, or malfunction requirements in this new section Table 6 of subpart U). occurred. (§ 63.149) are also appropriate for Section 63.497(c). The EPA is Section 63.500(d)(2). The EPA is subpart U and JJJ affected sources, proposing edits to this paragraph to proposing to use the term ‘‘shortstop references to the HON wastewater clarify that it is the ‘‘daily average agent’’ rather than the term ‘‘shortstop’’ provisions in subparts U and JJJ were value’’ of the parameter monitoring throughout this paragraph, in order to changed from ‘‘§§ 63.131 through levels that must be within the bounds of better reflect common terminology used 63.148’’ to ‘‘§§ 63.132 through 63.147 of the limit, and to clarify that this in the elastomer production industry. subpart G for each process wastewater paragraph does not apply when subpart stream originating at an affected U otherwise permits a deviation from K. Process Contact Cooling Tower source,’’ ‘‘§ 63.148 of subpart G for leak the parameter monitoring limit. Provisions—Proposed Changes to inspection provisions,’’ and ‘‘§ 63.149 of Sections 63.497(d) and (d)(3), and § 63.1329 (Polymers and Resins IV Only) subpart G for equipment that is subject 63.498(d)(5)(iv). The EPA is proposing Section 63.1329(a). The EPA is to § 63.149.’’ Section 63.131 has been to remove promulgated § 63.497(d)(3), proposing to reorganize and rewrite this dropped from the list because it is now because § 63.497(d)(1) and (d)(2), in paragraph, to clarify its intended ‘‘reserved’’ in the HON. In addition, conjunction with § 63.498(d)(5)(iii), meaning. The intended meaning of the new ‘‘exceptions’’ were required, to have been determined to cover the promulgated paragraph, and the more reflect the promulgated amendments to requirement to continuously monitor obvious meaning of the proposed the HON wastewater provisions. For the bypass line damper or valve position paragraph, is that the owner or operator subpart U, these ‘‘exceptions’’ are in the promulgated § 63.497(d)(3), of a new affected PET source must proposed as paragraphs § 63.501(a)(5) making (d)(3) redundant and comply with the new affected source through (a)(13), (a)(17), (a)(18), and unnecessary. For the same reason, the requirements in § 63.1329(b), and that (a)(21) through (a)(23). For subpart JJJ, EPA is proposing to remove part of the owner or operator of an existing these exceptions are proposed as § 63.498(d)(5)(iv), and ‘‘reserve’’ affected source that produces PET using paragraphs § 63.1330(b)(4) through § 63.498(d)(5)(iv)(B), which specified a continuous terepthalic acid high (b)(12), (b)(15), (b)(16), and (b)(20)

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11593 through (b)(22). In addition, the EPA is removal (AMR) for open or closed M. Equipment Leak Provisions— proposing to remove promulgated aerobic biological treatment processes. Proposed Changes to §§ 63.502 and §§ 63.501(a)(3) and (a)(4) and As part of the public comments received 63.1331 63.1330(b)(6) and (b)(7) because the on the proposed rules, it was brought to 1. Changes Common to Polymers and HON requirements referenced by these the attention of the EPA that styrene can Resins I and IV paragraphs were removed as part of the clog steam strippers, and the revisions to the HON wastewater promulgated rules were intended to Sections 63.502(c) and 63.1331(a)(2). provisions. allow process wastewater streams The EPA is proposing to amend these Other changes to §§ 63.501 and containing styrene to be sent directly to paragraphs in order to clarify that the 63.1330 include various cross-reference biological treatment units, without HON compliance dates do not apply to updates necessitated by the re- steam stripping and without being owners and operators with regard to organization of the HON recordkeeping included in the subsequent RMR and equipment leaks. In addition, the EPA is and reporting provisions, which are AMR calculations. proposing that owners and operators contained in §§ 63.151 and 63.152 of However, the promulgated rules should follow the provisions in subpart G, and are referenced frequently mistakenly provided this exemption for §§ 63.481(e) and 63.1311(e), when throughout §§ 63.132 through 63.149 of all process wastewater streams. requesting a compliance date extension, subpart G. One slightly more Therefore, in addition to presenting the no matter what the emission point is substantive change is being proposed in concept of exempting certain process (i.e., for equipment leaks as well as all other emission points). §§ 63.501(a)(19) and 63.1330(b)(18), as wastewater streams from RMR and AMR Sections 63.502(f) and (g), and discussed in greater detail below. calculations more clearly, the proposed Sections 63.501(a) and 63.1330(a). 63.1331(a)(4) and (5). The proposed revisions correct the error of exempting changes to these paragraphs are meant For subpart U, the EPA is proposing to all process wastewater streams from reorganize this paragraph to clarify its to clarify the intended meaning of the inclusion in the RMR and AMR intended meaning. For subpart JJJ, the promulgated paragraphs (§§ 63.502(h) calculations. The newly proposed EPA is proposing to add this paragraph and (i), and 63.1331(a)(4) and (5)), and paragraphs §§ 63.501(a)(19) and to clarify the organization of the section. do not constitute a significant deviation 63.1330(b)(18) also specify when a For both rules, the EPA is proposing from the promulgated language. process wastewater stream is considered additions that reflect changes in the Proposed §§ 63.502(f) and 63.1331(a)(4) to contain styrene. HON provisions (e.g., the addition of clearly state that the owners and references to § 63.149). Sections 63.501(d) (promulgated) and operators of affected sources must Sections 63.501(a)(4) (promulgated 63.1330(a)(12) (promulgated). The EPA submit the Notification of Compliance (a)(5)) and 63.1330(b)(3) (promulgated is proposing to remove these paragraphs Status (for compliance with the (a)(3)). The EPA is proposing to rewrite and replace them with §§ 63.501(a)(9) equipment leak provisions) within 150 these paragraphs to clarify their and 63.1330(b)(7), respectively. The days after the sources are required to be intended meaning, which is that owners promulgated paragraphs discussed in compliance with those equipment and operators who are making requests relying on the compliance dates leak provisions, instead of within 90 to monitor alternative parameters must contained in these rules instead of the days, as § 63.182(a)(2) and (c) of subpart follow the procedures in §§ 63.506(g) compliance dates contained in the HON. H required. Similarly, §§ 63.502(g) and and 63.1335(g), rather than the The EPA believes that this provision 63.1334(a)(5) state that the information procedures in §§ 63.151(g) and would be less likely to be overlooked by that subpart H requires to be submitted 63.152(e). including it earlier in the section, with in Periodic Reports (via §§ 63.182(a)(3) Sections 63.501(a)(14) and (a)(15) and all of the other ‘‘exceptions’’ to the HON and (d)) must instead be submitted 63.1330(b)(13) and (b)(14) (promulgated wastewater requirements. according to the requirements in (a)(4) and (a)(5)). The EPA is proposing 2. Changes Unique to Polymers and §§ 63.506(e)(6) and 63.1335(e)(6). to add text to these paragraphs to clarify Resins I Sections 63.502(h) and the intended meaning. It appeared that 63.1331(a)(10). The EPA is proposing to there was some confusion, prior to the Section 63.501(a)(3). The EPA is add these paragraphs, which reflect the proposed changes being made, over proposing to add this paragraph to amendments to § 63.100(e)(3), in order whether owners and operators were correct an error in the promulgated rule. to clarify guidelines under which required to submit reports (e.g., the As was described in the promulgation equipment may be aggregated, even if Notification of Compliance Status and preamble, the EPA determined that new different administrative organizations Periodic Reports) under both the affected sources should be subject to the (e.g., different companies, affiliates, requirements in the HON and the same wastewater requirements as departments, divisions, etc.) are requirements in subpart U or JJJ. The existing sources. The EPA believes that responsible for the management of the proposed amendments clarify that the the promulgated rule was not clear equipment in question. EPA only expects owners or operators of about the fact that new Group I Section 63.502(i). The EPA is a subpart U or a subpart JJJ affected Polymers and Resins affected sources proposing to add this paragraph to source to fulfill the reporting are only subject to the existing source clarify that only organic HAP listed on requirements specified in subpart U or wastewater requirements in the HON. Table 5 of subpart U that are also listed subpart JJJ, respectively. The proposed addition of § 63.501(a)(3) on Table 9 of subpart G need to be Sections 63.501(a)(19) and clarifies the EPA’s original intent, by considered when subpart H refers to 63.1330(b)(18): Process Wastewater clearly stating that Group 1 wastewater Table 9 of subpart G. Streams Containing Styrene. The EPA is streams at new affected sources are not Sections 63.502(k) and 63.1331(a)(13). also proposing to add a paragraph at subject to the HON new source The EPA is proposing to add paragraphs §§ 63.501(a)(19) and at 63.1330(b)(18), requirements for wastewater, and by as §§ 63.502(k) and 63.1331(a)(13) which allows process wastewater stating that owners and operators of new which tell owners or operators what to streams that contain styrene to be affected elastomer sources must comply do in the event that they are using a excluded when calculating the required with the requirements for existing flare to comply with the equipment leak mass removal (RMR) or the actual mass sources in §§ 63.132 through 63.149. provisions, and need to do a compliance

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11594 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules demonstration for that flare. It is not areas (61 FR 46923). Therefore, demonstrations that were created by the anticipated that this will be a common § 63.502(d), which states that the promulgated rule. The EPA is also occurrence, but the EPA decided that it presence of liquids dripping from bleed proposing to remove the promulgated was prudent to have a provision in the ports in pumps and agitator seals in paragraph § 63.1331(a)(7), because rule to handle this situation, in the light liquid service is not to be § 63.1331(a)(6)(iii) and (iv) now provide event that it arises at a facility. considered a leak, was added at subpart JJJ specific guidance for Sections 63.502(l) and 63.1331(a)(11). promulgation of subpart U. However, developing an initial list of These proposed paragraphs refer to the the EPA also intended to address other identification numbers for pumps, definitions of ‘‘equipment’’ (for both situations that occur with reciprocating valves, connectors, and agitators in subparts U and JJJ) and ‘‘equipment pumps, but neglected to do so at heavy liquid service; pressure relief leaks’’ (subpart JJJ only) which the EPA promulgation. Therefore, the EPA is devices in light liquid or heavy liquid is proposing to add in §§ 63.482 and proposing to add exemptions from the service; and instrumentation systems. 63.1312, in order to distinguish between equipment leak provisions for the use of those terms in subparts U and reciprocating pumps in heavy liquid Section 63.1331(a)(7). The EPA is JJJ and the use of those same terms in service, and for reciprocating pumps in proposing to add a new paragraph as subpart H, as described in greater detail light liquid service, if recasting the § 63.1331(a)(7), to clarify that owners in the ‘‘Definitions’’ section above. distance piece, or reciprocating pump and operators do not need to refer to the Sections 63.502(m) and replacement, is required. organic HAP list in Table 9 of subpart 63.1331(a)(12). The EPA is proposing to Section 63.502(e). The EPA is G, as directed under § 63.166(b)(4)(i). clarify the language in § 63.1331(a)(12) proposing to remove the promulgated The owner or operator only needs to by removing the word ‘‘substitute’’ § 63.502(e) because it is redundant, assess whether or not organic HAP (which could have multiple meanings), considering the provisions contained in listed on table 6 of subpart JJJ are and is proposing to add a parallel § 63.481(h). The proposed § 63.502(e) present and to comply with the paragraph to § 63.502(m). Both was promulgated as § 63.502(g). provisions of this section for those §§ 63.1331(a)(12) and 63.502(m) specify Section 63.502(f). The EPA is organic HAP, except ethylene glycol (to how owners and operators of subpart JJJ proposing to move the requirements that which the provisions cited by or U affected sources are supposed to were promulgated under § 63.502(f) for § 63.1331(a)(7) do not apply). interpret references to subparts F and I, heat exchange systems to the end of the Section 63.1331(a)(9). The EPA is in the HON equipment leak provisions section, in order to clarify that they are proposing to remove this paragraph, due (subpart H). separate from the equipment leak to the fact that the EPA is also proposing 2. Changes Unique to Polymers and provisions. In these proposed to consider surge control vessels and Resins I amendments, the heat exchange system bottoms receivers to be subject to the provisions are in § 63.502(l). Other The Title to § 63.502. The EPA is equipment leak provisions. This changes to these provisions are proposed change would make subpart proposing to rename § 63.502, due to the discussed in greater detail in section fact that the heat exchange provisions JJJ consistent with subpart U, with N.I. of this preamble. regard to how it handles surge control are also contained in this section. Section 63.502(i). The EPA is Section 63.502(b)(1) through (7). In vessels and bottoms receivers, but it will proposing to add this paragraph to not cause any change in the actual these paragraphs, the EPA is proposing clarify that only organic HAP listed on changes to clarify the intended meaning. control requirements for surge control Table 5 of subpart U that are also listed vessels and bottoms receivers. First, the intent of the promulgated on Table 9 of subpart G need to be paragraphs was that only surge control considered when subpart H refers to Section 63.1331(b). This paragraph vessels and bottoms receivers that were Table 9 of subpart G. has been reorganized and rewritten to dedicated to the specified elastomer Section 63.502(j). The EPA is clarify the intended meaning. products or intermediates listed in proposing to add this paragraph, which N. Heat Exchange System Provisions— § 63.502(b)(1) through (7) be exempt parallels the promulgated paragraph in from the equipment leak provisions. Proposed Changes to §§ 63.502(l) and § 63.1311(a)(8), in order to allow owners 63.1328 The EPA did not intend that surge and operators the option of using control vessels and bottoms receivers Method 25A (40 CFR part 60) instead of 1. Changes Common to Polymers and containing small amounts of those Method 18 (40 CFR part 60) when the Resins I and IV elastomer products or intermediates be equipment leak provisions found in the exempt from the equipment leak HON specify that Method 18 (40 CFR Sections 63.502(n)(1) through (n)(6) provisions. Therefore, the language has part 60) must be used. and 63.1328(a) through (g). The EPA is been changed to exempt surge control proposing to add explanations of how vessels and bottoms receivers ‘‘that 3. Changes Unique to Polymers and the requirements in § 63.104 for heat receive only’’ the specified material, as Resins IV exchange systems apply to subpart U opposed to exempting those Section 63.1331(a)(6). The EPA is and JJJ affected sources. These proposed ‘‘containing’’ the specified material. proposing to revise this paragraph to paragraphs, added as §§ 63.502(n)(1) Paragraph § 63.502(b)(2) was also clarify its intended meaning. through (6) and 63.1328(c) through (g), further reworded to clarify that ‘‘other Section 63.1331(a)(6)(iii) and (iv). In provide the specific requirements (e.g., latex products’’ was intended to mean § 63.1331(a)(6)(iii) and (iv), the EPA is compliance dates and reporting latex products ‘‘other than styrene- proposing to add new exceptions from requirements) that are applicable to heat butadiene latex.’’ the requirements in subpart H to clarify exchange systems subject to subpart U Section 63.502(d). In the how owners and operators are expected and subpart JJJ. In addition, proposed promulgation preamble, the EPA to comply with the requirements of § 63.1328(a) has been reorganized and explained that an exclusion was being paragraph § 63.1331(a)(6). These rewritten to clarify the intended added for reciprocating pumps that additional exceptions are being meaning, and the EPA is proposing to must leak small quantities of product to proposed in order to remove add § 63.1328(b) as part of this lubricate and cool the shaft and seal contradictions concerning compliance clarification.

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2. Changes Unique to Polymers and ‘‘within 180 days after the compliance in subpart PPP, the Polyether Polyols Resins I date’’ of a standard. However, because Production NESHAP. the Notification of Compliance Status Sections 63.502(f) and 63.502(n). As P. Parameter Monitoring Levels and mentioned earlier, the EPA is proposing for subparts U and JJJ is due 150 days Excursions—Proposed Changes to to move the promulgated paragraph after the compliance dates for the §§ 63.505 and 63.1334 § 63.502(f) to the end of § 63.502 (as different emission points, giving owners § 63.502(n)) to clearly separate the heat and operators 180 days ‘‘after the 1. Changes Common to Polymers and exchange systems from the equipment compliance date’’ of the rules will not Resins I and IV leak provisions. work under subparts U and JJJ, because Sections 63.505(a) and 63.1334(a). that would infer that performance tests O. Performance Testing—Proposed Significant revisions to this paragraph could be completed up to 30 days after Changes to §§ 63.504 and 63.1333 are being proposed for a variety of the Notification of Compliance Status reasons, having mostly to do with 1. Changes Common to Polymers and was due. That is not the intent; possible misinterpretations of the Resins I and IV performance tests must be conducted promulgated paragraphs §§ 63.505(a) Title of the Sections. The EPA is early enough to be included in the and 63.1334(a). The promulgated proposing to change the title of Notification of Compliance Status, language could be read to imply that the §§ 63.504 and 63.1333 to ‘‘Additional which is due 150 days after the procedures for determining parameter requirements for performance testing’’ compliance dates specified in subparts monitoring levels contained in because this title more accurately U and JJJ, according to §§ 63.506(e)(5) §§ 63.505(c) and (d) and 63.1334(c) and conveys the contents of these sections and 63.1335(e)(5). With these proposed (d) were ‘‘unapproved,’’ whereas the than did the promulgated title amendments, the EPA is also replacing intent of the paragraph was to specify ‘‘Additional test methods and the phrase ‘‘within 180 days after,’’ that parameter monitoring levels procedures.’’ which was used in the General established using those provisions were Sections 63.504(a)(1) and Provisions, with the phrase ‘‘no later subject to approval by the 63.1333(a)(1). In order to account for than 150 days,’’ because the latter Administrator. The proposed language factors that might make the ‘‘maximum phrase clarifies that the Notification of in §§ 63.505(a) and 63.1334(a) is very representative operating conditions’’ Compliance Status is due after the explicit about which procedures (i.e., unreasonable to achieve, the EPA is compliance date, according to subparts those contained in §§ 63.505(b), (c), or proposing to modify the concept. First, U and JJJ. (d) or 63.1334(b), (c), or (d)) are permissible under varying the proposed changes specify that the Sections 63.504(c) and 63.1333(e). circumstances. Corresponding revisions operating conditions must be The EPA is proposing to add these are also being proposed, to ‘‘achievable’’ during either the 6-month paragraphs because, in their §§ 63.506(e)(3) and 63.1335(e)(3) to period that ends two months before the promulgated form, both subpart U and provide instructions on how to submit Notification of Compliance Status is subpart JJJ referred to § 63.11(b) for information that requires approval by due, or during the 6-month period that determining compliance with the flare the Administrator. begins 3 months before the performance requirements. The EPA is proposing to test and ends 3 months after the Sections 63.505(a)(1) and add §§ 63.504(c) and 63.1333(e), to performance test. 63.1334(a)(1). As with proposed make it clear that a compliance Second, the proposed changes specify § 63.497(c), these paragraphs are being that testing is not required under demonstration for flares must be proposed to clarify that it is the ‘‘daily conditions that (1) would cause damage conducted using the provisions found in average value’’ of the parameter to equipment; (2) would necessitate that § 63.11(b). Specifically, the proposed monitoring levels that must be within the owner or operator make product that paragraphs require that the owner or the bounds of the limit, and not does not meet an existing specification operator (1) conduct a visible emission necessarily each data point. In addition, for sale to a customer; or (3) would test, (2) determine the net heating value similar to proposed § 63.497(c), these necessitate that the owner or operator of the gas being combusted, and (3) paragraphs also make clear that they do make product in excess of demand. determine the exit velocity. In each not apply when subpart U or JJJ Sections 63.504(a)(4) and case, the provisions specify that these otherwise permits a deviation from a 63.1333(a)(4). The EPA is proposing to parameters be determined in accordance parameter monitoring limit. add language to these paragraphs in with specific paragraphs in § 63.11. Sections 63.505(a)(2) and order to specify that the owner or Paragraphs §§ 63.504(c) and 63.1333(e) 63.1334(a)(2). The EPA is proposing operator needs to give the Administrator also specify that an owner or operator is edits to these paragraphs to clarify how at least 7 days (prior to the originally not required to conduct a performance the established parameter monitoring scheduled performance test) notice if a test to determine percent emission levels should be submitted to the EPA. performance test needs to be reductions or outlet organic HAP or Sections 63.505(b) and 63.1334(b). rescheduled. The proposed changes also TOC concentrations for flares. In The EPA is proposing amendments to allow the performance test to be addition, the proposed paragraphs §§ 63.505(b) and 63.1334(b) to clarify rescheduled by mutual agreement specify that a previously conducted that they only apply to owners and between the Administrator and the flare compliance demonstration may be operators who elect to establish a owner or operator, if necessary. used to demonstrate compliance, parameter monitoring level for a control, Sections 63.504(a)(5) and provided that no deliberate process recovery, or recapture device based 63.1333(a)(5). The EPA is proposing to changes have been made since the exclusively on parameter values add these paragraphs to clarify that compliance demonstration, or the measured during performance tests. The performance tests must be conducted no results of the compliance demonstration EPA is proposing to ‘‘reserve’’ later than 150 days after the applicable reliably demonstrate compliance despite §§ 63.505(b)(1) and 63.1334(b)(1), which compliance dates. Section 63.7(a)(2)(iii) process changes. The EPA is also were inconsistent with the objective of in the General Provisions provides for requesting comments on the idea of the promulgated §§ 63.506(b) and performance tests to be conducted adding similar language as § 63.1437(c) 63.1335(b), because the promulgated

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§§ 63.505(b)(1) and 63.1334(b)(1) Report and is subject to review by the had taken place, were not to be allowed the owner or operator to Administrator. considered ‘‘excursions.’’ The EPA consider engineering assessments and/ Sections 63.505(f), (g)(1), and (g)(2); proposes to incorporate this concept or manufacturer’s recommendations in and 63.1334(e), (f)(1), and (f)(2). With into §§ 63.1334(f) and 63.505(g). In addition to measured parameter values these amendments to subparts U and JJJ, addition, the EPA is proposing to add when establishing the parameter the EPA is proposing to ‘‘reserve’’ specifications under monitoring level. Engineering §§ 63.505(f) and 63.1334(e), while §§ 63.505(g)(2)(ii)(A) through (D) and assessment and/or manufacturer’s amending §§ 63.505(g) and 63.1334(f) to 63.1334(f)(2)(ii)(A) through (D), to assist recommendations may be used under include all the circumstances that the owner or operator in making the §§ 63.505(c) and (d) and 63.1334(c) and constitute parameter monitoring determination of whether or not (d), when appropriate, but are not excursions. In promulgated §§ 63.505(f) monitoring data will be considered permitted to be used under §§ 63.505(b) and 63.1334(e), the only global ‘‘insufficient’’ for an operating day. or 63.1334(b), because, as proposed, compliance requirement addressed was The HON amendments also specified §§ 63.505(b) and 63.1334(b) provide that owners and operators shall be that monitoring data recorded during procedures for establishing parameter ‘‘deemed out of compliance’’ for each such periods were not to be included in monitoring levels based exclusively on parameter monitoring excursion (except, any average computed under subpart G. performance tests. of course, for excused excursions). The The EPA is proposing to incorporate The EPA is proposing to remove the EPA believes that it is more appropriate similar provisions into §§ 63.506(d)(7) promulgated paragraphs at to include this provision regarding and 63.1335(d)(7), as discussed in more §§ 63.505(b)(3)(i)(A) and excursions under the definition of detail in the preamble to the proposed 63.1334(b)(3)(i)(A) (which required parameter monitoring excursions that is HON amendments (see table 2 of this continuous parameter monitoring when found in §§ 63.505(g) and 63.1334(f), preamble). To be consistent with this batch emission episodes are being and has revised §§ 63.505(g) and stance, the EPA is proposing to add vented to control devices), because 63.1334(f) accordingly, in these clarifying provisions under promulgated paragraphs proposed amendments. §§ 63.505(g)(2)(ii)(B)(1) through (4) and §§ 63.505(b)(3)(i)(A) and In addition to the proposed changes 63.1334(f)(2)(ii)(B)(1) through (4), 63.1334(b)(3)(i)(A) are no longer described above, the EPA is proposing stating that those time periods should be necessary, in that the proposed changes to add paragraphs §§ 63.505(g)(1)(v)(A) subtracted from the ‘‘operating time’’ to the parent paragraph, §§ 63.505(b)(3) through (E), 63.505(g)(2)(ii)(B)(1) used to determine whether monitoring and 63.1334(b)(3), require the owner or through (4), 63.1334(f)(1)(v)(A) through data are sufficient. operator to test and record monitoring (E), and 63.1334(f)(2)(ii)(B)(1) through Sections 63.505(g)(3) and data during the ‘‘entire episode.’’ In (4), describing the periods that are not 63.1334(f)(3). Because daily average proposed paragraphs to be included when determining the values will not be meaningful in the §§ 63.505(b)(3)(i)(B) and (C) and period of control or recovery device case of storage vessels that are not 63.1334(b)(3)(i)(B) and (C), the EPA has operation. Under the proposed required to be continuously monitored, added an explanatory phrase at the end amendments, those periods are not to be the EPA is proposing to add of each paragraph, clarifying how used when determining if sufficient §§ 63.505(g)(3) and 63.1334(f)(3), which maximum and minimum parameter monitoring data are available (under the describe what would constitute an monitoring levels are to be established. provisions of §§ 63.505(g)(1)(ii), excursion for a storage vessel that is not Sections 63.505(c) and (d) and (g)(1)(iii), or (g)(2)(ii); or required to be continuously monitored 63.1334(c) and (d). The EPA is 63.1334(f)(1)(ii), (f)(1)(iii), or (f)(2)(ii)) (provisions for storage vessels that are proposing to amend §§ 63.505(c) and for the owner or operator to avoid required to be continuously monitored 63.1334(c) in an effort to clarify the having an excursion. The periods that are in §§ 63.505(g)(1) and 63.1334(f)(1)). original intent of the paragraph, which must be omitted when determining the The excursion criteria listed in is that owners and operators have the period of control or recovery device §§ 63.505(g)(3) and 63.1334(f)(3) depend option of supplementing performance operation include periods of monitoring on the monitoring criteria set out in the tests with engineering assessments and/ system breakdowns, repairs, calibration storage vessel’s monitoring plan, and do or manufacturer’s recommendations, checks, and zero (low-level) and high- not depend on parameters having been and are not required to conduct level adjustments; start-ups; shutdowns; continuously monitored. performance tests over the entire range malfunctions; and periods of non- of expected parameter values. Similarly, operation of the affected source that 2. Changes Unique to Polymers and the EPA is proposing to amend result in the cessation of emissions to Resins I §§ 63.505(d) and 63.1334(d) to clarify which the monitoring applies. Section 63.505(h). The change that the that these provisions apply to owners The proposed changes to §§ 63.505 EPA is proposing in § 63.505(h) is to and operators who have the option of and 63.1334 also incorporate changes add the reminder that ‘‘For each choosing, and have chosen, to establish that were made in the HON excursion, the owner or operator shall their parameter monitoring levels based amendments to § 63.152. The HON be deemed out of compliance with the exclusively on engineering assessments served as a model for the requirements provisions of this subpart, except as and/or manufacturer’s related to start-up, shutdown, and provided in paragraph (i) of this recommendations. Further, proposed malfunction situations in subparts U section,’’ to the end of § 63.505(h), to changes to §§ 63.505(a) and 63.1334(a) and JJJ. The HON amendments specified account for the decision to ‘‘reserve’’ clarify that if the owner or operator that start-up, shutdown, and § 63.505(f), which, at promulgation, selects §§ 63.505(c) or (d), or 63.1334(c) malfunction situations and periods of included the concept of excused or (d) as the means of establishing non-operation of the affected source (or excursions in back-end operations. parameter monitoring levels for control, portion thereof) that caused the owner recovery, or recapture devices, the or operator to be unable to collect 3. Changes Unique to Polymers and information listed in sufficient monitoring data, or which Resins IV §§ 63.506(e)(3)(viii) or 63.1335(e)(3)(vii) resulted in data that would have Section 63.1334(f)(4) through (7). The must be included in the Precompliance otherwise indicated that an excursion EPA is proposing to add these four

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11597 paragraphs to address four other events records may be retained off-site, under §§ 63.506(b)(1) and 63.1335(b)(1) that that the EPA considers to be these proposed amendments. require owners or operators to only keep ‘‘excursions.’’ Briefly, these proposed Sections 63.506(b)(1) and the Start-up, Shutdown, and ‘‘excursion’’ descriptions include: (1) 63.1335(b)(1). The HON was silent on Malfunction Plan ‘‘on-site,’’ rather than Instances when the mass emission rate the issue of whether or not monitoring requiring that it be ‘‘incorporated by exceeds the appropriate mass emissions equipment could be ‘‘shut off’’ during a reference’’ into the operating permit, as per mass product at a continuous start-up, shutdown, or malfunction. The was done at promulgation. process vent complying with the mass language that the EPA is proposing to Sections 63.506(b)(1)(i) and emissions per mass product add to §§ 63.506(b)(1) and 63.1335(b)(1) 63.1335(b)(1)(i). In these paragraphs and requirements in § 63.1315; (2) instances allows monitoring equipment to be their subparagraphs, the EPA is when the mass emission rate exceeds shutdown during a start-up, shutdown, proposing the addition of the concept the appropriate mass emissions per or malfunction only if the monitor that records of the occurrence and mass product at a continuous process would be damaged or destroyed as a duration of start-up, shutdown, and vent complying with the mass emissions result of the start-up, shutdown, or malfunctions are only required if such per mass product requirements in malfunction. The owner or operator may periods result in excess emissions. § 63.1316; (3) instances when the daily only do so, however, if they have Consistent with other proposed average exit temperature exceeds the included a provision in the Start-up, amendments discussed in this appropriate condenser temperature limit Shutdown, and Malfunction Plan, preamble, the EPA is proposing this at a continuous process vent complying setting forth the circumstances under change to reduce the recordkeeping with the temperature limits for final which monitoring equipment may be burden upon the owner or operator of condensers; and (4) instances when the shutdown. Getting such a provision in an affected source that has not percent reduction is less than 84 percent the Start-up, Shutdown, and experienced a violation of the rule. This at a new affected source producing SAN Malfunction Plan requires the owner or change is also intended to protect the using a batch process. operator to submit a request, and owner or operator from being subject to rationale defending the request, in the their Start-up, Shutdown, Malfunction Q. General Recordkeeping and Precompliance Report or in a plan during periods when the source is Reporting—Proposed Changes to supplement to the Precompliance not operating. The EPA is also §§ 63.506 and 63.1335 Report. If the request is not denied by proposing to move the promulgated the Administrator within 45 days after §§ 63.506(b)(1)(i)(C) to 63.506(d)(8) and 1. Changes Common to Polymers and receiving the request, it can then be 63.1335(b)(1)(i)(C) to 63.1335(d)(8), Resins I and IV incorporated into the Start-up, because although promulgated Sections 63.506(a) and 63.1335(a). Shutdown, Malfunction Plan. The §§ 63.506(b)(1)(i)(C) and Under the changes proposed to changes described above are contained 63.1335(b)(1)(i)(C) contained §§ 63.506(a) and 63.1335(a), the EPA is in the proposed amendments to recordkeeping requirements, they were proposing to remove the requirement for §§ 63.506(b)(1), (e)(3), (e)(3)(i), not directly related to records that must an owner or operator to maintain copies (e)(3)(viii), and (e)(3)(ix), and be kept during periods of start-up, of reports, if those reports were required 63.1335(b)(1), (e)(3), (e)(3)(i), (e)(3)(viii), shutdown, or malfunction. to be submitted to the EPA and have and (e)(3)(ix). Sections 63.506(c) and 63.1335(c). been submitted to the appropriate EPA These proposed changes are meant to The EPA is proposing to ‘‘reserve’’ these Regional Office. In addition, under the strike a balance between the EPA’s paragraphs due to the fact that all of the proposed amendments, if the EPA decision to require that monitoring data recordkeeping and reporting Regional Office has waived the be collected at all relevant times and requirements that are related to subpart requirement for submittal of reports to industry’s concern that valuable H of this part (equipment leaks) are now monitoring equipment could be specified elsewhere in subparts U and the Region, the owner or operator is not damaged during a start-up, shutdown, JJJ (primarily in §§ 63.502, 63.1331, required to maintain copies of those or malfunction. The proposed changes 63.506, 63.1335, table 8 of subpart U, reports. These revisions are being are intended to provide protection for and table 9 of subpart JJJ). proposed due to industry’s concern that monitoring equipment during those Sections 63.506(d) and 63.1335(d). In misplacing a copy of a report would be periods, while providing the EPA with §§ 63.506(d) and 63.1335(d), the EPA is a violation, even though the report had assurance that monitoring equipment is proposing to add language clarifying the been properly submitted to the EPA. not being ‘‘shut off’’ indiscriminately. recordkeeping requirements for owners This was not the EPA’s intent. Under another proposed change to and operators of storage vessels (which The proposed revisions to §§ 63.506(b)(1) and 63.1335(b)(1), text may or may not require continuous §§ 63.506(a) and 63.1335(a) are also related to incorporating the Start-up, recordkeeping, as described in intended to reduce the volume of Shutdown, and Malfunction Plan into §§ 63.484(k) and 63.1314(a)(9)). Other records that must be stored on-site. the operating permit has been removed. minor edits are being proposed, to Industry representatives have expressed Because the Start-up, Shutdown, and improve the clarity of the subparagraphs concern that on-site storage is often Malfunction Plan is meant to be a under §§ 63.506(d) and 63.1335(d), as limited and more costly than off-site document that can be easily changed to explained briefly below. storage. Under the promulgated versions account for new start-up, shutdown, and Sections 63.506(d)(3) and of subparts U and JJJ, the most recent 5 malfunction situations, the burden of 63.1335(d)(3). Minor edits are being years of records were required to be including the plan in the operating proposed to improve the clarity of these kept, but the rules were silent on where permit (thereby requiring a modification paragraphs. The EPA is proposing to these records could be stored. These to the operating permit to include new add the phrase ‘‘except as specified in proposed revisions would specify that at start-up, shutdown, and malfunction paragraph (d)(7) of this section’’ to the least the most recent 6 months’ worth of situations) was judged to be overly requirement to calculate daily average records be stored on-site or be available burdensome for subpart U and JJJ values and batch cycle daily average within 2 hours by any means. The affected sources. For this reason, the values as the average of all recorded remaining 4 and one half years worth of EPA is proposing changes to parameter values, in §§ 63.506(d)(3)(i)

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11598 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules and 63.1335(d)(3)(i). In addition, the reduce the recordkeeping burden if the information was not known in EPA is proposing to add the phrase ‘‘for associated with subparts U and JJJ, and time for submission in that report. purposes of determining daily average (in the case of §§ 63.506(d)(9) and Proposed paragraphs §§ 63.506(e)(1)(iii) values or batch cycle daily average 63.1335(d)(9)) to remain consistent with and 63.1335(e)(1)(iii) specify the values of monitored parameters’’ to the proposed changes to §§ 63.480(b) and timeframes and mechanisms available to requirement to establish the source’s 63.1310(b). The concept that was owners and operators for submitting ‘‘operating day’’ in §§ 63.506(d)(3)(ii) formerly addressed in §§ 63.506(d)(8) information for later inclusion in a and 63.1335(d)(3)(ii). and 63.1335(d)(8) is proposed to be report. Sections 63.506(d)(4) and (5) and incorporated into §§ 63.506(d)(7) and Sections 63.506(e)(2) and 63.1335(d)(4) and (5). The EPA is 63.1335(d)(7). The proposed 63.1335(e)(2). The EPA is proposing to proposing to ‘‘reserve’’ these two amendments to §§ 63.480(b) and edit this paragraph so that it is clear that paragraphs to correct an error in the 63.1310(b); 63.480(f) and 63.1310(f); and reports only need to be submitted (for promulgated rule. In response to public 63.506(d)(9) and 63.1335(d)(9) allow each affected source) to the comment, the EPA reduced the burden owners or operators the option of Administrator at the one, appropriate of the recordkeeping requirements providing ‘‘documents on demand,’’ in address listed in § 63.13. As described in paragraph §§ 63.506(d)(2) an effort to reduce the recordkeeping promulgated, §§ 63.506(e)(2) and and 63.1335(d)(2) for the final rule by burden associated with subparts U and 63.1335(e)(2) could have been no longer requiring owners or operators JJJ. interpreted to mean that all reports had to record 15-minute averages. In As discussed previously, the EPA is to be sent to all of the addresses listed promulgating the final rule, the EPA proposing to move a provision related to in § 63.13. failed to recognize that the promulgated continuous monitoring system Sections 63.506(e)(3) and change to §§ 63.506(d)(2) and recordkeeping that was promulgated 63.1335(e)(3). The EPA is proposing to 63.1335(d)(2) made §§ 63.506(d)(4) and under §§ 63.506(b)(1)(i)(C) and add two other instances (besides those (5) and § 63.1335(d)(4) and (d)(5) 63.1335(b)(1)(i)(C) to 63.506(d)(8) and promulgated) of actions that would unnecessary, because §§ 63.506(d)(2) 63.1335(d)(8), respectively. This change require prior approval, to the list of and 63.1335(d)(2) required the owner or is being proposed because the items to be contained in the operator to record either each measured requirement contained in Precompliance Report. These additional data value or block average values for 1 §§ 63.506(b)(1)(i)(C) and actions include the intent to use hour or shorter periods calculated from 63.1335(b)(1)(i)(C) did not belong in the engineering assessment (instead of the all measured data values during each section on Start-up, Shutdown, and emission estimation equations) to period. Sections 63.506(a) and Malfunction Plans. estimate emissions from a batch 63.1335(a) describe the data retention Finally, the EPA is proposing to add emission episode (as described in requirements for subpart U and JJJ paragraphs (§§ 63.506(d)(9) and §§ 63.488(b)(6)(i) and 63.1323(b)(6)(i)); affected sources. 63.1335(d)(9)) which are modified and the intent to include a provision in Sections 63.506(d)(6) and versions of a requirement found in the Start-up, Shutdown, Malfunction 63.1335(d)(6). The EPA is proposing to § 63.10(b)(2)(xii) of the General Plan that would allow specific monitors change the heading for paragraphs Provisions. This change is being to cease to collect data during a start-up, §§ 63.506(d)(6) and 63.1335(d)(6) to read proposed as a further measure to reduce shutdown, or malfunction, if those ‘‘Records required when all recorded the recordkeeping burden imposed by monitors would be damaged or values are within the established limits’’ subparts U and JJJ on owners and destroyed as a result of the start-up, instead of ‘‘Records required when all operators, by overriding § 63.10(b) shutdown, or malfunction (proposed recorded values are in compliance.’’ generally, while incorporating the under §§ 63.506(e)(3)(viii) and This change is proposed partly because necessary recordkeeping requirements 63.1335(e)(3)(viii)). The rationale for it is not the ‘‘recorded values’’ that are from § 63.10(b) into subparts U and JJJ, requiring these items in the in (or out of) compliance, and partly and omitting those recordkeeping Precompliance Report has been because not all periods when recorded requirements in § 63.10(b) that are not discussed previously in this Preamble values are outside of established limits necessary to adequately ensure (under ‘‘Sections 63.506(b)(1) and are periods of non-compliance (for compliance with subparts U and JJJ. 63.1335(b)(1).’’) example, during excused excursions). Sections 63.506(e) and 63.1335(e). Sections 63.506(e)(3)(i) and Sections 63.506(d)(7) and The EPA is proposing to make 63.1335(e)(3)(i). The EPA is proposing 63.1335(d)(7). The EPA is proposing to promulgated §§ 63.506(e)(1) and to add two provisions in paragraphs revise these paragraphs to clarify that 63.1335(e)(1) into proposed §§ 63.506(e) §§ 63.1335(e)(3)(i) and 63.506(e)(3)(i). data recorded during periods of start-up, and 63.1335(e), and to reflect the The first specifies that if the shutdown, malfunction, or non- proposed addition of Table 9 to subparts Administrator does not object to a operation resulting in cessation of U and JJJ, which will identify all request submitted in the Precompliance emissions are not excursions and that standard reports required under these Report within 45 days of receiving such data recorded during those periods are subparts, in the proposed language in a request, that request will be not to be included in any averages §§ 63.506(e) and 63.1335(e). considered to be ‘‘approved’’ by the under subpart U or JJJ. The EPA is also Sections 63.506(e)(1) and Administrator. This proposed change requesting comments on the idea of 63.1335(e)(1). The EPA is proposing to would provide a firm date by which the incorporating similar changes into add a provision under §§ 63.506(e)(1) owner or operator would know that the § 63.1439(d)(7) of subpart PPP, the and 63.1335(e)(1) which would allow requests in their Precompliance Report Polyether Polyols Production NESHAP. for the later submission of any have been approved, and will place the Sections 63.506(d)(7)–(10) and information that is required to be burden on the EPA to review these 63.1335(d)(7)–(10) (promulgated). The included in a report under §§ 63.506(e) reports and respond promptly if further EPA is proposing to remove the and 63.1335(e). The EPA believes that it information is needed. The second requirements that were promulgated as is logical and fair to allow owners and specifies that supplements to the §§ 63.506(d)(8) through (10) and operators to submit new information Precompliance Report may be 63.1335(d)(8) through (10) to further after the due date of a particular report, submitted. The EPA is also proposing

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11599 the addition of §§ 63.506(e)(3)(ix) and ‘‘must’’ has been changed to ‘‘shall’’ regarding the compliance reporting 63.1335(e)(3)(ix), to implement this throughout §§ 63.506(e)(4) and requirements for owners or operators change. As discussed in relation to the 63.1335(e)(4), for consistency with other that have not elected to conduct proposed changes to paragraphs sections in subparts U and JJJ) and continuous parameter monitoring for §§ 63.506(e)(1) and 63.1335(e)(1), the cross-reference updates throughout their storage vessels (i.e., the EPA has determined that it is logical §§ 63.506(e)(4) and 63.1335(e)(4). promulgated rules provided no specific and fair to allow owners and operators Additional proposed changes to requirements for these owners and to submit new information after the due subparagraphs under §§ 63.506(e)(4) and operators, aside from those that applied date of a particular report, if the 63.1335(e)(4) are described below. to owners and operators conducting information was not known in time for Sections 63.506(e)(4)(ii)(F)(4) and continuous monitoring at their storage submission in the original report. 63.1335(e)(4)(ii)(F)(4). The EPA is vessels.) Sections 63.506(e)(3)(ii) and proposing to amend Sections 63.506(e)(5)(vii), (viii), and 63.1335(e)(3)(ii). These proposed §§ 63.506(e)(4)(ii)(F)(4) and (ix) and 63.1335(e)(5)(vi), (vii), and amendments contain a change to 63.1335(e)(4)(ii)(F)(4), by cross- (viii). The EPA is proposing to add §§ 63.506(e)(3)(ii) and 63.1335(e)(3)(ii) referencing the requirements in cross-references (in §§ 63.506(e)(5)(vii) to permit owners and operators to §§ 63.506(e)(7)(ii) and 63.1335(e)(7)(ii), and (viii) and 63.1335(e)(5)(vi) and (vii)) request a compliance extension (as so that these paragraphs specify how the to the predominant use determination allowed under §§ 63.481(e) or nominal efficiency is to be reported. procedures for storage vessels and 63.1311(e)), through the Precompliance Sections 63.506(e)(4)(ii)(H)(1) and recovery operations equipment. The Report. This proposed change is made 63.1335(e)(4)(ii)(H)(1). The EPA is proposed changes to §§ 63.506(e)(5)(ix) to provide consistency with the proposing to remove the reference to and 63.1335(e)(5)(viii) update the proposed changes to §§ 63.481(e) and table 14b from the HON, because there terminology (e.g., batch mass limitation) 63.1311(e), which incorporate changes is no longer a table 14b in the HON. in those paragraphs to match changes based on the promulgated HON Sections 63.506(e)(5) and proposed elsewhere in today’s action. amendments regarding the submittal of 63.1335(e)(5). The proposed revisions to Sections 63.506(e)(5)(x), (xi), and (xii) compliance extensions. this paragraph clarify how owners and and 63.1335(e)(5)(ix), (x), and (xi). Sections 63.506(e)(3)(iv) and operators are expected to handle the Proposed §§ 63.506(e)(5)(x) and 63.1315(e)(3)(iv). The EPA proposes to different ‘‘Notification of Compliance 63.1335(e)(5)(ix) require owners and simplify these paragraphs by collapsing Status’’ reports that will be required for operators that are subject to proposed their subparagraphs emission points with different paragraphs §§ 63.481(k) or 63.1311(m) (§§ 63.506(e)(3)(iv)(A) and (B), and compliance dates (such as equipment (provisions addressing overlap with 63.1315(e)(3)(iv)(A) and (B)), which leaks subject to subpart H of the HON). other regulations for monitoring, were largely redundant with the parent In all cases, a Notification of recordkeeping, or reporting for §§ 63.506(e)(3)(iv) and 63.1335(e)(3)(iv), Compliance Status is due within 150 combustion, recovery, or recapture into §§ 63.506(e)(3)(iv) and days after any particular compliance devices) to indicate in the Notification 63.1335(e)(3)(iv). date (or with the first Periodic Report of Compliance Status which applicable Sections 63.506(e)(3)(v) and that is due at least 150 days after the rule the owner or operator will follow 63.1335(e)(3)(v). Proposed changes to compliance date, for equipment leaks for testing, monitoring, recordkeeping, §§ 63.506(e)(3)(v) and 63.1335(e)(3)(v) with compliance dates later than July and reporting requirements. clarify the original intent of this 31, 1997). Proposed sections 63.506(e)(5)(xi) and paragraph by rearranging the wording of Sections 63.506(e)(5)(i)(A) and 63.1335(e)(5)(x) specify the reporting the paragraph. The proposed change 63.1335(e)(5)(i)(A). The EPA is requirements for owners and operators clarifies that the Administrator shall proposing to amend §§ 63.506(e)(5)(i)(A) choosing to comply with § 63.132(g), by determine whether the alternative and 63.1335(e)(5)(i)(A), to clarify the transferring a Group 1 wastewater controls are equivalent, or not phrase ‘‘any other information.’’ The stream to an off-site treatment facility, equivalent, to the controls required by proposed change makes clear that ‘‘any or to an on-site treatment facility that is the standard in accordance with other information’’ only relates to not owned or operated by the owner or § 63.6(g). information from the previous test operator of the affected source. Sections 63.506(e)(3)(vii) and report and that the information need Finally, the proposed 63.1335(e)(3)(vii). The EPA is proposing only be submitted if the Administrator §§ 63.506(e)(5)(xii) and 63.1335(e)(5)(xi) to clarify promulgated requests that information. This requires owners and operators choosing § 63.1335(e)(3)(vii) (and to add a similar proposed change would relieve industry to implement the reduced paragraph as § 63.506(e)(3)(vii)), by of the burden of trying to anticipate recordkeeping program specified in specifying exactly what needs to be what ‘‘any other information’’ might §§ 63.506(h)(1) and 63.1335(h)(1) to included in the Precompliance Report if mean to the EPA. notify the Administrator of their an owner or operator intends to Sections 63.506(e)(5)(ii) and election to do so. At promulgation, no establish parameter monitoring levels 63.1335(e)(5)(ii). The EPA is proposing distinct reporting requirements were using engineering assessment and/or changes to these paragraphs, in order to stated for owners and operators taking manufacturer’s recommendations. The clarify the differences in recordkeeping the actions described above. promulgated version of and reporting requirements for owners Sections 63.506(e)(6) and § 63.1335(e)(3)(vii) could have been and operators of storage vessels that 63.1335(e)(6). The proposed misinterpreted to require the owner or have elected to conduct continuous amendments to this paragraph are operator to submit the actual parameter parameter monitoring under §§ 63.505 intended to assist owners and operators monitoring level, which would and 63.1334, and to clarify the in differentiating the applicable periodic potentially require completion of requirements for owners or operators reporting requirements related to performance tests. that have not elected to conduct subparts U and JJJ and any other subpart Sections 63.506(e)(4) and continuous parameter monitoring for which subpart U or JJJ references. 63.1335(e)(4). The EPA is proposing their storage vessels. At promulgation, Specific Periodic Reporting several simplifying word changes (e.g., both subparts U and JJJ were unclear requirements have been added related to

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11600 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules equipment leaks and heat exchange rules (including the titles for §§ 63.481 previously listed under §§ 63.506(e)(6) systems. Further, provisions specifying and 63.1311), and to remove all and 63.1335(e)(6). that monitoring data shall be used to requirements to report information in a Proposed §§ 63.506(e)(6)(xii) and determine compliance for Group 1 ‘‘compliance schedule’’ throughout both 63.1335(e)(6)(xii). The EPA is proposing emission points and Group 2 emission rules. In particular, the owner or to reorganize and rewrite promulgated points included in emissions averages operator is no longer required to submit §§ 63.506(e)(6)(xi) and 63.1335(e)(6)(xi) have been added to reflect the HON a schedule for compliance with the as §§ 63.506(e)(6)(xii) and provisions in § 63.152(c)(2)(ii), after applicable provisions after every 63.1335(e)(6)(xii). In particular, the EPA which these paragraphs §§ 63.506(e)(6) process change. The provisions for is proposing to revise and 63.1335(e)(6) were modeled. providing a compliance schedule have §§ 63.506(e)(6)(xii)(A)(1) and Sections 63.506(e)(6)(i) and also been removed from paragraphs 63.1335(e)(6)(xii)(A)(1), to state that 63.1335(e)(6)(i). These paragraphs have §§ 63.506(e)(6)(iii)(D)(2) and quarterly reports are required if ‘‘a been changed to clarify that the EPA 63.1335(e)(6)(iii)(D)(2). However, this control or recovery device for a intended for the ‘‘180-day period’’ proposed provision does not override particular emission point or process discussed to equate to a 6-month period. other regulations that might require section’’ has more excursions than the A similar change has been made in compliance schedules (e.g., Title V number of excused excursions, instead subsequent paragraphs where necessary. requirements, the Standards of of stating that quarterly reports are Sections 63.506(e)(6)(ii) and Performance for VOC Emissions from required if ‘‘an emission point has any 63.1335(e)(6)(ii). These paragraphs have the Polymers Manufacturing Industry, excursions,’’ as was done at been changed to clarify that the Periodic or reasonably available control promulgation. Report should state that there were no technology (RACT) standards). In addition, the EPA is proposing to compliance exceptions, as opposed to Sections 63.506(e)(6)(iii)(D)(5) and move the provision that was proposed making the general statement that the 63.1335(e)(6)(iii)(D)(4). The EPA is under §§ 63.506(e)(6)(xii)(D) and affected source was in compliance. proposing to add these paragraphs 63.1335(e)(6)(xii)(D), allowing the Sections 63.506(e)(6)(iii)(B) and (C), requiring reports of changes in the Administrator to request quarterly and 63.1335(e)(6)(iii)(B) and (C). The identity of treatment facilities receiving reports for emission points or process EPA is proposing to clarify, under wastewater streams under § 63.132(g) of sections of concern, to §§ 63.506(e)(6)(iii)(B) and §§ 63.506(e)(6)(xii)(A)(2) and the HON. 63.1335(e)(6)(iii)(B), that for excursions 63.1335(e)(6)(xii)(A)(2). The EPA is also Sections 63.506(e)(6)(iv) and caused by insufficient monitoring data, proposing changes to 63.1335(e)(6)(iv). These paragraphs were the owner or operator must include the §§ 63.506(e)(6)(xii)(D) and rewritten to clarify the intended start-time and duration of any periods 63.1335(e)(6)(xii)(D), which clarify that, meaning. These paragraphs also reflect when monitoring data were not after submitting quarterly reports for collected. In addition, the EPA is the change in terminology from ‘‘batch one year ‘‘without more excursions proposing to ‘‘reserve’’ cycle limitation’’ to ‘‘batch mass input occurring (during that year) than the §§ 63.506(e)(6)(iii)(C) and limitation.’’ number of excused excursions allowed 63.1335(e)(6)(iii)(C), because those Sections 63.506(e)(6)(vi) and ** *’’ the owner or operator may paragraphs would be unnecessary and 63.1335(e)(6)(vi). The EPA is proposing return to semiannual reporting. The redundant, once the proposed to amend these paragraphs for greater proposed rule simply read ‘‘for 1 year,’’ clarification to §§ 63.506(e)(6)(iii)(B) clarity and so that they are consistent without clarifying that if additional and 63.1335(e)(6)(iii)(B) has been made. with the proposed changes to unexcused excursions occurred during Sections 63.506(e)(6)(iii)(D)(2) and §§ 63.480(f) and 63.1310(f). that year, the owner or operator would 63.1335(e)(6)(iii)(D)(2). The first part of Sections 63.506(e)(6)(vii) and (viii) again be required to submit quarterly each of these paragraphs have been and 63.1335(e)(6)(vii) and (viii). The reports for the year following those most rewritten to clarify their intended EPA is proposing to amend recent, unexcused excursions. meaning. The point of confusion was §§ 63.506(e)(6)(vii) and (viii) and Proposed §§ 63.506(e)(6)(xii)(E) and whether or not a report was required for 63.1335(e)(6)(vii) and (viii) to replace 63.1335(e)(6)(xii)(E). The EPA is every process change, even those that the term ‘‘belonging to’’ with the term proposing to remove promulgated result in a group status change from ‘‘assigned to’’ in order to reflect the §§ 63.506(e)(6)(xi)(E) and Group 1 to Group 2. The clarification changes proposed in §§ 63.480(g) and 63.1335(e)(6)(xi)(E) and to move the states that reports are not required for (h) and 63.1310(g) and (h). statement concerning the use of process changes that result in a group Promulgated §§ 63.506(e)(6)(ix) and monitoring data to determine status change from Group 1 to Group 2; 63.1335(e)(6)(ix). The EPA is proposing compliance to the introductory however, the owner or operator is to remove promulgated paragraphs §§ 63.506(e)(6) and required to comply with the Group 1 §§ 63.506(e)(6)(ix) and 63.1335(e)(6)(ix) 63.1335(e)(6), because the EPA believes requirements until notification has been to prevent any implication that two that it is more appropriate to make this made that the group status has changed separate Periodic Reports are due, when statement at the beginning of from Group 1 to Group 2. in fact the requirement is for a single §§ 63.506(e)(6) and 63.1335(e)(6), than In addition, as was mentioned briefly report containing information related to to leave it back in §§ 63.506(e)(6)(xi)(E) earlier in this preamble, because the both equipment leak components and and 63.1335(e)(6)(xi)(E). In addition, Notification of Compliance Status is the other emission points. addressing the issue of monitoring report in which compliance (or non- Proposed §§ 63.506(e)(6)(ix) and (x) requirements in §§ 63.506(e)(6) and compliance) is ultimately documented, and 63.1335(e)(6)(ix) and (x). The EPA 63.1335(e)(6) allows the EPA to point the EPA has decided that it is not is proposing to add §§ 63.506(e)(6)(ix) out that owners and operators of storage necessary for owners or operators of and (x) and 63.1335(e)(6)(ix) and (x) to vessels to which the provisions of affected sources to submit a compliance include notification requirements §§ 63.505 or 63.1334 do not apply must schedule. For this reason, the EPA is already required by the promulgated instead comply with the requirements proposing to remove the term rules (in §§ 63.506(h)(1) and (2) and laid out in their own individual ‘‘compliance schedule’’ throughout both 63.1335(h)(1) and (2)), but not monitoring plans for those emission

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11601 points. The proposed rules were silent §§ 63.506(h)(1)(vi)(D) and because the requirements in on this last point. 63.1335(h)(1)(vi)(D) to describe the § 63.506(e)(5)(iv) were duplicative of Sections 63.506(e)(7)(ii) and recordkeeping requirement for the those in § 63.506(e)(5)(ix), in that only 63.1335(e)(7)(ii). The EPA is proposing description of the monitoring system. owners of Group 2 batch front-end to add text to §§ 63.506(e)(7)(ii) and Under proposed §§ 63.506(h)(1)(vi)(D) process vents (as opposed to Group 1 63.1335(e)(7)(ii), clarifying the and 63.1335(h)(1)(vi)(D), owners and batch front-end process vents) are difference between requests associated operators are required to retain current required to determine a limitation for with the initial Emissions Averaging descriptions of monitoring systems on- batch front-end process vents. Plan and requests made after submittal site, or those descriptions may be Section 63.506(e)(6)(iii)(D)(4). The of the initial Emissions Averaging Plan. accessible from a central location by EPA is proposing this change to clarify Sections 63.506(e)(7)(iv) and computer or other means that provides that notification is only required if a 63.1335(e)(7)(iii). The EPA is proposing access to the description within 2 hours change in the standard operating to add these paragraphs to include a after a request. The proposed procedure required by § 63.500 has the notification discussed in paragraphs requirements also state that all potential for increasing the §§ 63.480(f) and 63.1310(f), for owners superseded descriptions must be concentration of carbon disulfide in the and operators experiencing a change in retained for at least 5 years after the date crumb dryer exhaust. primary product at an affected process of their creation, although they may be Section 63.506(e)(7)(iii). This unit. stored off-site once they have been paragraph was rewritten to clarify the Sections 63.506(e)(7)(v) and superseded by a more current intended meaning (i.e., that compliance 63.1335(e)(7)(iv). The EPA is proposing description for 6 months or more. redetermination reports for back-end to add these paragraphs to specify the processes that have experienced a report required when an EPPU/TPPU or 2. Changes Unique to Polymers and process change (as described in emission point(s) is added to an existing Resins I § 63.499(d)) are due within 180 days affected source under §§ 63.480(i) and Section 63.506(d)(2). The EPA is after the process change has occurred.) 63.1310(i). The promulgated rules did proposing to re-structure § 63.506(d)(2) 3. Changes Unique to Polymers and not include specific reporting by combining the three subparagraphs Resins IV requirements for such situations. At into one paragraph (to reduce promulgation, the only reporting redundancy). In addition, the EPA is Proposed § 63.1335(b)(1)(i)(C). The requirement associated with the proposing to reduce the recordkeeping EPA is proposing to change this addition of an EPPU/TPPU or an burden imposed by the promulgated paragraph to be consistent with the emission point was the requirement that paragraph § 63.506(d)(2)(iii), by HON, after which these provisions are was contained in §§ 63.480(i)(2)(iii) and removing the requirement to keep modeled. At promulgation, this 63.1310(i)(2)(iii) (both of which the EPA records of all batch cycle averages and paragraph attempted to exempt some has proposed removing in today’s batch emission episode averages. As Group 2 emission points included in an action), pertaining to establishing a new long as a record of each measured data emissions average from the requirement compliance date for the added emission value is maintained, batch cycle to keep records related to start-up, point. As explained earlier during the averages and batch emission episode shutdown, or malfunction occurrences. discussion of that proposed deletion, averages can always be re-calculated. However, the HON provisions do not §§ 63.480(i)(2)(ii) and 63.1310(i)(2)(ii) Section 63.506(e)(4)(ii)(N). The EPA is make such a distinction, and the EPA now specify the compliance dates proposing to add this provision which has determined that these records are pertaining to all newly added emission should have been included in subpart U necessary for all emission points points. at promulgation, and is included in the included in an emissions average. Sections 63.506(g)(3) and parallel emissions averaging provisions Therefore, the EPA is proposing to 63.1335(g)(3). The EPA is proposing to in the HON and subpart JJJ. The change this paragraph to reflect the remove the parenthetical phrase ‘‘for proposed paragraph specifies that language that appears in the HON example, once every 15 minutes’’ as it emissions from emission points to be provisions (’63.103(c)(3)), as well as in relates to records of measurement, since included in an emissions average must subpart U (proposed (63.506(b)(1)(i)(C)). the term ‘‘set frequency’’ is sufficiently not result in greater hazard or, at the Section 63.1335(b)(2). The proposed clear. In addition, the EPA is proposing option of the Administrator, greater risk change to this paragraph corrects an to edit §§ 63.506(g)(3)(i)(A) and to human health or the environment omission made in the promulgated rule. 63.1335(g)(3)(i)(A), to clarify that an than those emissions from those The change specifies that the provisions operating parameter value reading (but emissions points would have created if of § 63.5(d)(1)(iii) do not apply for not a record) must be taken at least once they were not included in the emissions purposes of this subpart. Section during every 15 minute period. average. The purpose of emissions 63.5(d)(1)(iii) discusses Notification of Sections 63.506(h) and 63.1335(h). averaging is to give greater flexibility to Compliance Status requirements, and These paragraphs have been reorganized affected sources in meeting MACT the proposed change clarifies that the and rewritten to clarify the intended requirements. It was never intended to provisions in this subpart are to be meaning, by simplifying language, reduce the level of environmental followed with regard to the Notification adding cross-references, and giving protection that the standards would of Compliance Status. more specific guidance regarding the otherwise provide. Promulgated § 63.1335(e)(8)(ii). The retention period for monitoring system Section 63.506(e)(4)(iv)(C). The EPA is EPA is proposing to remove this descriptions. Changes have also been proposing to add another paragraph that paragraph to correct an error in the made to §§ 63.506(h)(1) and was inadvertently left out of subpart U promulgated rule, which was that the 63.1335(h)(1) pointing out that the at promulgation. This proposed promulgated rule required the notification required by these paragraph establishes the deadline for Notification of Compliance Status to be paragraphs must be made in the submitting an update to an Emissions included in the operating permit Notification of Compliance Status or in Averaging Plan. application. Because the operating the next Periodic Report. Further, the Section 63.506(e)(5)(iv). The EPA is permit application may be submitted EPA is proposing to add paragraphs proposing to ‘‘reserve’’ this paragraph, well before the Notification of

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Compliance Status is due, and because particular flare must be absent in order the HON did not apply to subpart U. not all of the information required to be to trigger the recordkeeping and However, the promulgated rule (under submitted in the Notification of reporting requirements in these tables; § 63.502(f)) required that owners and Compliance Status is appropriate for (4) including ‘‘gas rate’’ as a parameter operators comply with the requirements submittal in the operating permit to be monitored for scrubbers for in § 63.104 of the HON for heat application, the EPA is proposing to halogenated batch process vents or exchange systems. Because the latter remove promulgated § 63.1335(e)(8)(ii). aggregate batch vent streams; (5) more accurately represents the EPA’s Section 63.1335(g). The EPA is requiring the recording and reporting of intent (that owners and operators of proposing to remove the phrase the ‘‘liquid/gas ratio’’ instead of the subpart U affected sources comply with ‘‘’63.1314 for storage vessels’’ from this ‘‘liquid flow rate’’ at scrubbers for the heat exchange system provisions in paragraph because storage vessels are halogenated batch process vents or § 63.104), the EPA is proposing to edit not always subject to continuous aggregate batch vent streams; and (5) table 2 to state ‘‘yes’’ for § 63.104. A few monitoring, as this phrase might requiring that records be kept of all other cross-reference corrections and suggest. ‘‘diversions’’ rather than ‘‘flow’’ and updates are also being proposed in this that records and reports be required for table. R. The Tables all monthly inspections that indicate Table 8 to subpart U. For the reasons 1. Changes Common to Polymers and that a valve was ‘‘in the diverting described above under Section II.D of Resins I and IV position’’ (rather than ‘‘closed’’) or that this notice, the EPA is proposing to a seal was ‘‘broken’’ (rather than change the term ‘‘batch stripper’’ to ‘‘a Table 1 of subpart U and Table 1 of ‘‘changed’’). stripper operated in batch mode,’’ and subpart JJJ. The EPA is proposing Table 7 in subpart U and Table 8 of to change the term ‘‘continuous several changes to these tables (which subpart JJJ. The EPA is proposing stripper’’ to ‘‘a stripper operated in discuss the applicability of the General several clarifying changes and continuous mode,’’ in table 8 of subpart Provisions to subpart U and subpart JJJ corrections to these two tables. In the U. affected sources) in order to clarify the proposed amendments to these tables, 3. Changes Unique to Polymers and applicability of the General Provisions the proposed parameter monitoring Resins IV to these subparts, giving more detail requirements are more specific than the than the promulgated rule did, in many promulgated requirements with regard Table 3 of subpart JJJ. Due to potential instances. The EPA is also proposing to to flow rates. In particular, the EPA is confusion over the promulgated version amend these tables to recognize when proposing to replace the term ‘‘total of this table, the EPA is proposing to the General Provisions are consistent regeneration stream mass flow’’ with the amend it to make it clear that for Group with subparts U and JJJ. For instance, term ‘‘total regeneration steam flow or 1 storage vessels at existing polystyrene under ‘‘63.1(a)(10),’’ these tables nitrogen flow, or pressure (gauge or continuous processes, the vessel formerly stated ‘‘No,’’ for applicability absolute).’’ In addition, the EPA is capacity and vapor pressure to subparts U and JJJ; however, the proposing a correction under the entry specifications pertain to all chemicals tables now say ‘‘Yes,’’ since the for ‘‘established operating parameters’’ used in those processes. In addition, the provisions in § 63.1(a)(10) are consistent for absorbers, by changing ‘‘minimum EPA is proposing to correct the with the approach taken in subparts U temperature and minimum specific specification for vessel capacity for and JJJ. The EPA believed that it might gravity’’ to ‘‘maximum temperature and these same storage vessels, so that the be confusing to owners and operators to maximum specific gravity.’’ Upon requirement reads ‘‘<75.7’’ cubic meters read ‘‘No’’ under this table, and yet review of this provision, the EPA instead of also listing a lower limit of notice that the requirements in determined that the promulgated rule ‘‘≥38’’ cubic meters. The EPA believes § 63.1(a)(10) are consistent with incorrectly called for the parameters to that, since the definition of ‘‘storage proposed §§ 63.481(m) and 63.1311(o). be ‘‘minimums’’ instead of vessel’’ contained in § 63.1312 excludes In addition, many of the changes ‘‘maximums,’’ in this instance. The EPA vessels with capacities smaller than 38 proposed for table 1 of subpart U and believes this change is necessary cubic meters, it is unnecessary to note table 1 of subpart JJJ are corrections. In because the temperature and specific that lower cutoff in this table for storage particular, the EPA neglected to gravity of the absorbing liquid should be vessels assigned to existing polystyrene consider the equipment leak provisions subject to a limit that ensures that the continuous processes. in creating the promulgated version of gas will be absorbed by the absorbing Table 5 of subpart JJJ. Several table 1, and the proposed amendments liquid. technical corrections to Table 5 in add several exemptions and Table 9 to subpart U and Table 9 to subpart JJJ are being proposed. Table 5 clarifications of applicability that are subpart JJJ. The EPA is proposing to add describes specifications for Group 1 related to the equipment leak provisions Table 9 to both subparts U and JJJ, to storage vessels at new affected sources in subparts U and JJJ. In general, the describe the routine reports required producing particular thermoplastics proposed changes to table 1 incorporate under these subparts, along with their (e.g., styrene acrylonitrile resin (SAN)). proposed changes to subparts U and JJJ, general ‘‘due dates.’’ These tables are At promulgation, there was a which have already been discussed in intended to be of assistance to owners typographical error in the second set of this preamble. or operators, but are not necessarily applicability criteria, which applied to Table 6 in subpart U and Table 7 in ‘‘all-inclusive’’ of every report that SAN Group 1 storage vessels. This set of subpart JJJ. The EPA is proposing the might be required under special applicability criteria incorrectly following changes to these tables: (1) circumstances under subpart U or JJJ. described a storage vessel as having Changing the titles to each table to vapor pressure greater than or equal to include ‘‘aggregate batch vent streams’’; 2. Changes Unique to Polymers and 0.7 kilopascals and greater than or equal (2) replacing the terms ‘‘temperature’’ Resins I to 10 kilopascals; this should have read and ‘‘pH’’ with the term ‘‘value,’’ where Table 2 of subpart U. The EPA is ‘‘vapor pressure greater than or equal to temperature or pH is not the only proposing one correction to this table. 0.7 kilopascals and less than 10 parameter being monitored; (3) At promulgation, the table stated that kilopascals.’’ However, other technical clarifying that all pilot flames at a §§ 63.102 through 63.109 of subpart F of corrections have removed this set of

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11603 applicability criteria from Table 5. Table economy, a sector of the economy, D. Executive Order 13084: Consultation 5 now indicates three sets of productivity, competition, jobs, the and Coordination With Indian Tribal applicability criteria and includes a environment, public health or safety, or Governments footnote designating the control level for State, local, or Tribal governments or each set of applicability criteria. At communities; Under Executive Order 13084, the EPA may not issue a regulation that is promulgation, two of the sets of criteria (2) Create a serious inconsistency or not required by statute, that for Group 1 storage vessels at SAN new otherwise interfere with an action taken significantly or uniquely affects the affected sources (i.e., the second and or planned by another agency; fourth sets) overlapped. As shown communities of Indian tribal (3) Materially alter the budgetary below, they covered the same capacity governments, and that imposes impact of entitlements, grants, user fees, range, and the vapor pressure ranges substantial direct compliance costs on or loan programs, or the rights and overlapped: those communities, unless the Federal obligations of recipients thereof; or Capacity ≥ 151 and 0.7 ≤ vapor pressure government provides the funds < 10 (4) Raise novel legal or policy issues necessary to pay the direct compliance Capacity ≥ 151 and vapor pressure ≥ 10 arising out of legal mandates, the costs incurred by the tribal These two sets of applicability criteria President’s priorities, or the principles governments, or the EPA consults with have been simplified to the one set of set forth in the Executive Order. those governments. If the EPA complies applicability criteria shown below: It has been determined that neither by consulting with those governments, the Executive Order requires the EPA to Capacity ≥ 151 and vapor pressure ≥ 0.7 the proposed amendments to the provide to the Office of Management The EPA is also proposing to remove the Polymers and Resins I rule, nor the proposed amendments to the Polymers and Budget, in a separately identified notation ‘‘vp’’ from the column section of the preamble to the rule, a including vapor pressure specifications, and Resins IV rule qualify as a ‘‘significant regulatory action’’ under description of the extent of EPA’s prior because that notation was used consultation with representatives of inconsistently in that column, and the terms of Executive Order 12866 and, therefore, are not subject to review by affected tribal governments, a summary because it was unnecessary. of the nature of their concerns, and a Table 6 of subpart JJJ. At the Office of Management and Budget. statement supporting the need to issue promulgation, two capital letter ‘‘A’’’s C. Executive Order 12875: Enhancing the regulation. In addition, Executive were inadvertently printed in front of Intergovernmental Partnerships Order 13084 requires the EPA to each of the acronyms, where they were develop an effective process permitting defined at the bottom of table 6. The Under Executive Order 12875, EPA elected and other representatives of EPA proposes to correct this error in may not issue a regulation that is not Indian tribal governments ‘‘to provide these amendments. required by statute and that creates a mandate upon a State, local or tribal meaningful and timely input in the III. Administrative Requirements government, unless the Federal development of regulatory policies on matters that significantly or uniquely A. Docket government provides the funds necessary to pay the direct compliance affect their communities.’’ The docket is an organized and costs incurred by those governments, or Neither today’s proposed complete file of all the information the EPA consults with those amendments to subpart U nor those to considered by the EPA in the governments. If the EPA complies by subpart JJJ impose any duties or development of this proposed consulting those governments, the compliance costs on Indian tribal rulemaking. The docket is a dynamic Executive Order requires the EPA to governments. Further, the proposed file, because material is added provide to the Office of Management amendments provided herein do not throughout the rulemaking and Budget a description of the extent significantly alter the control standards development. The docketing system is of EPA’s prior consultation with imposed by subpart U or subpart JJJ for intended to allow members of the public representatives of affected State, local any source, including any that may and industries involved to readily and tribal governments, the nature of affect communities of the Indian tribal identify and locate documents so that their concerns, copies of any written governments. Hence, today’s proposed they can effectively participate in the communications from the governments, amendments do not significantly or rulemaking process. Along with the and a statement supporting the need to uniquely affect the communities of proposed and promulgated standards issue the regulation. In addition, Indian tribal governments. Accordingly, and their preambles, the contents of the Executive Order 12875 requires EPA to the requirements of section 3(b) of docket, with the exception of develop an effective process permitting Executive Order 13084 do not apply to interagency review materials, will serve elected officials and other these proposed amendments. as the record in the case of judicial representatives of State, local and tribal review. (See section 307(d)(7)(A) of the E. Unfunded Mandates Reform Act governments ‘‘to provide meaningful Act.) and timely input in the development of Section 202 of the Unfunded B. Executive Order 12866 regulatory proposals containing Mandates Reform Act of 1995 (UMRA), Under Executive Order 12866 (58 FR significant unfunded mandates.’’ requires that the Agency prepare a 51735, October 4, 1993), the EPA must Today’s proposed amendments to budgetary impact statement before submit to the Office of Management and subpart U do not create a mandate on promulgating a rule that includes a Budget (OMB) for review significant State, local, or tribal governments, nor Federal mandate that may result in regulatory actions. The Executive Order do the proposed amendments to subpart expenditure by State, local, and tribal defines ‘‘significant regulatory action’’ JJJ. These proposed amendments do not governments, in the aggregate, or by the as one that OMB determines is likely to impose any enforceable duties on these private sector, of more than $100 result in a rule that may: entities. Accordingly, the requirements million in any one year. Section 203 (1) Have an annual effect on the of section 1(a) of Executive Order 12875 requires the Agency to establish a plan economy of $100 million or more or do not apply to the proposed for obtaining input from and informing, adversely affect in a material way the amendments to either of these rules. educating, and advising any small

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11604 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules governments that may be significantly Group I Polymers and Resins NESHAP. regarded as voluntary consensus or uniquely affected by the rule. An Agency may not conduct or sponsor, standards bodies include the American The EPA has determined that neither and a person is not required to respond Society for Testing and Materials the proposed amendments to subpart U to, a collection of information unless it (ASTM), the National Fire Protection nor the proposed amendments to displays a currently valid OMB control Association (NFPA), and the Society of subpart JJJ include a Federal mandate number. The OMB control numbers for Automotive Engineers (SAE). The that may result in estimated costs of, in the EPA’s regulations are listed in 40 NTTAA requires Federal agencies like the aggregate, $100 million or more to CFR Part 9 and 48 CFR Chapter 15. The EPA to provide Congress, through OMB, either State, local, or tribal governments EPA has amended 40 CFR Part 9, with explanations when an agency in the aggregate, or to the private sector, Section 9.1, to indicate the ICRs decides not to use available and and that these proposed amendments do contained in the Group I and IV applicable voluntary consensus not significantly or uniquely impact Polymers and Resins NESHAP. The standards. small governments, because they amendments to the NESHAP contained The proposed amendments to subpart contain no requirements that apply to in this proposal should have no impact U and subpart JJJ do not involve the such governments or impose obligations on the information collection burden proposal of any new technical upon them. The EPA has not prepared estimates made previously. Therefore, standards. The EPA welcomes a budgetary impact statement or the ICRs have not been revised. comments on this aspect of these specifically addressed the selection of proposed amendments and, specifically, the least costly, most cost-effective, or H. Applicability of Executive Order 13045 invites the public to identify least burdensome alternative. In potentially-applicable voluntary addition, because small governments Executive Order 13045: ‘‘Protection of consensus standards and to explain why will not be significantly or uniquely Children from Environmental Health such standards should be used in this affected by these rules, the Agency is Risks and Safety Risks’’ (62 FR 19885, regulation. not required to develop a plan with April 23, 1997) applies to any rule that As part of a larger effort, the EPA is regard to small governments. Therefore, (1) is determined to be ‘‘economically undertaking a project to cross-reference the requirements of the Unfunded significant’’ as defined under Executive existing voluntary consensus standards Mandates Act do not apply to these Order 12866, and (2) concerns an on testing, sampling, and analysis, with proposed amendments. environmental health or safety risk that current and future EPA test methods. the EPA has reason to believe may have F. Regulatory Flexibility When completed, this project will assist a disproportionate effect on children. If the EPA in identifying potentially- The Regulatory Flexibility Act (RFA) the regulatory action meets both criteria, applicable voluntary consensus generally requires an agency to conduct the Agency must evaluate the standards which can then be evaluated a regulatory flexibility analysis of any environmental health or safety effects of for equivalency and applicability in rule subject to notice and comment the planned rule on children, and determining compliance with future rulemaking requirements unless the explain why the planned regulation is regulations. agency certifies that the rule will not preferable to other potentially effective have a significant economic impact on and reasonably feasible alternatives List of Subjects in 40 CFR Part 63 a substantial number of small entities. considered by the Agency. Environmental protection, Air Small entities include small business, The EPA interprets Executive Order pollution control, Hazardous small not-for-profit enterprises, and 13045 as applying only to those substances, Reporting and small governmental jurisdictions. These regulatory actions that are based on recordkeeping requirements. proposed amendments would not have health or safety risks, such that the Dated: February 10, 1999. a significant impact on a substantial analysis required under section 5–501 of number of small entities, because they the Order has the potential to influence Carol M. Browner, impose no additional regulatory the regulation. These proposed Administrator. requirements on owners or operators of amendments are not subject to For the reasons set out in the affected sources. Therefore, the EPA Executive Order 13045 because they do preamble, part 63 of title 40, chapter I certifies that these actions will not have not establish an environmental standard of the Code of Federal Regulations is a significant economic impact on a intended to mitigate health or safety proposed to be amended as follows: substantial number of small entities. risks. PART 63ÐNATIONAL EMISSION G. Paperwork Reduction Act I. National Technology Transfer and STANDARDS FOR HAZARDOUS AIR For both the Group I and Group IV Advancement Act POLLUTANTS FOR SOURCE Polymers and Resins NESHAP, the Section 12(d) of the National CATEGORIES information collection requirements Technology Transfer and Advancement 1. The authority citation for part 63 (ICR) were submitted to the Office of Act of 1995 (NTTAA) directs all Federal continues to read as follows: Management and Budget (OMB) under agencies to use voluntary consensus the Paperwork Reduction Act. At standards instead of government-unique Authority: 42 U.S.C. 7401, et seq. promulgation, OMB had already standards in their regulatory activities Subpart UÐNational Emission approved the information collection unless to do so would be inconsistent Standards for Hazardous Air Pollutant requirements for the Group IV Polymers with applicable law or otherwise Emissions: Group I Polymers and and Resins NESHAP and assigned those impractical. Voluntary consensus Resins standards the OMB control number standards are technical standards (e.g., 2060–0351. Subsequently, the OMB material specifications, test methods, 2. Section 63.480 is amended: approved the information collection sampling and analytical procedures, a. By revising paragraphs (a), (b), (c), requirements for the Group I Polymers business practices, etc.) that are (d), (e), (f), (g) introductory text, (g)(1) and Resins NESHAP, and on July 15, developed or adopted by one or more through (g)(4), (g)(6), (g)(7), (g)(8), (h) 1997 (62 FR 37720) the OMB control voluntary consensus standards bodies. introductory text, (h)(1) through (h)(4), number 2060–0356 was assigned to the Examples of organizations generally (h)(6), (h)(7), (i)(1), (i)(2)(i) introductory

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11605 text, (i)(2)(i)(A), and (i)(2)(ii), (i)(3), (5) EPPUs and associated equipment, subject to this subpart is produced (i)(4), (i)(5), and (j); as listed in paragraph (a)(4) of this within a process unit that is subject to b. Removing paragraph (i)(2)(iii); and section, that are located at plant sites subpart JJJ of this part, and at least 50 c. Adding paragraph (i)(6), to read as that are not major sources are neither percent of the elastomer is used in the follows: affected sources nor part of an affected production of the product manufactured § 63.480 Applicability and designation of source. by the subpart JJJ process unit, the unit affected sources. (b) EPPUs without organic HAP. The operations involved in the production of owner or operator of an EPPU that is (a) Definition of affected source. The the elastomer are considered part of the part of an affected source, as defined in provisions of this subpart apply to each process unit that is subject to subpart JJJ, paragraph (a) of this section, but that affected source. Affected sources are and not this subpart. described in paragraphs (a)(1) through does not use or manufacture any organic (f) Primary product determination and (a)(4) of this section. HAP shall comply with the applicability. An owner or operator of a (1) An affected source is either an requirements of either paragraph (b)(1) process unit that produces or plans to existing affected source or a new or (b)(2) of this section. Such an EPPU produce an elastomer product shall affected source. Existing affected source is not subject to any other provision of determine if the process unit is subject is defined in paragraph (a)(2) of this this subpart and is not required to to this subpart in accordance with this section, and new affected source is comply with the provisions of subpart A paragraph. The owner or operator shall defined in paragraph (a)(3) of this of this part. initially determine whether a process section. (1) Retain information, data, and unit is designated as an EPPU and (2) An existing affected source is analyses used to document the basis for subject to the provisions of this subpart defined as each group of one or more the determination that the EPPU does in accordance with either paragraph elastomer product process units (EPPU) not use or manufacture any organic (f)(1) or (f)(2) of this section. The owner and associated equipment, as listed in HAP. Types of information that could or operator of a flexible operation unit paragraph (a)(4) of this section, that is document this determination include, that was not initially designated as an not part of a new affected source, as but are not limited to, records of EPPU, but in which an elastomer defined in paragraph (a)(3) of this chemicals purchased for the process, product is produced, shall conduct an section, that is manufacturing the same analyses of process stream composition, annual re-determination of the primary product and that is located at engineering calculations, or process applicability of this subpart in a plant site that is a major source. knowledge. accordance with paragraph (f)(3) of this (3) A new affected source is defined (2) When requested by the section. Owners or operators that as something that meets the criteria of Administrator, demonstrate that the anticipate the production of an paragraph (a)(3)(i), (a)(3)(ii), or (a)(3)(iii) EPPU does not use or manufacture any elastomer product in a process unit that of this section. The situation described organic HAP. was not initially designated as an EPPU, in paragraph (a)(3)(i) of this section is (c) Emission points not subject to the and in which no elastomer products are distinct from those situations described provisions of this subpart. The affected currently produced, shall determine if in paragraphs (a)(3)(ii) and (a)(3)(iii) of source includes the emission points the process unit is subject to this this section and from any situation listed in paragraphs (c)(1) through (c)(9) subpart in accordance with paragraph described in paragraph (i) of this of this section, but these emission (f)(4) of this section. Paragraphs (f)(3) section. points are not subject to the and (f)(5) through (f)(7) of this section (i) At a site without HAP emission requirements of this subpart or to the discuss compliance only for flexible points before June 12, 1995 (i.e., a provisions of subpart A of this part. operation units. Other paragraphs apply ‘‘greenfield’’ site), each group of one or (1) Equipment that does not contain to all process units, including flexible more EPPU and associated equipment, organic HAP and is located at an EPPU operation units, unless otherwise noted. as listed in paragraph (a)(4) of this that is part of an affected source; Paragraph (f)(8) of this section contains section, that is manufacturing the same (2) Stormwater from segregated reporting requirements associated with primary product and that is part of a sewers; the applicability determinations. (3) Water from fire-fighting and major source on which construction Paragraphs (f)(9) and (f)(10) describe deluge systems in segregated sewers; commenced after June 12, 1995; criteria for removing the EPPU (4) Spills; (ii) A group of one or more EPPU designation from a process unit. meeting the criteria in paragraph (i)(1)(i) (5) Water from safety showers; (1) Initial Determination. The owner of this section; or (6) Water from testing of deluge (iii) A reconstructed affected source systems; or operator shall initially determine if a meeting the criteria in paragraph (i)(2)(i) (7) Water from testing of firefighting process unit is subject to the provisions of this section. systems; of this subpart based on the primary (4) Emission points and equipment. (8) Vessels and equipment storing product of the process unit in The affected source also includes the and/or handling material that contains accordance with paragraphs (f)(1)(i) emission points and equipment no organic HAP or organic HAP as through (iii) of this section. If the specified in paragraphs (a)(4)(i) through impurities only; and process unit never uses or manufactures (a)(4)(iv) of this section that are (9) Equipment that is intended to any organic HAP, regardless of the associated with each applicable group of operate in organic HAP service for less outcome of the primary product one or more EPPU constituting an than 300 hours during the calendar year. determination, the only requirements of affected source. (d) Processes exempted from the this subpart that might apply to the (i) Each waste management unit. affected source. Research and process unit are contained in paragraph (ii) Maintenance wastewater. development facilities are exempted (b) of this section. If a flexible operation (iii) Each heat exchange system. from the affected source. unit does not use or manufacture any (iv) Equipment required by, or (e) Applicability determination of organic HAP during the manufacture of utilized as a method of compliance elastomer equipment included in a one or more products, paragraph (f)(5)(i) with, this subpart which may include process unit producing a non-elastomer of this section applies to that flexible control devices and recovery devices. product. If an elastomer product that is operation unit.

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(i) If a process unit only manufactures major source. If the primary product of accordance with this paragraph, the one product, then that product shall a process unit is determined to be a elastomer product that will be produced represent the primary product of the product that is not an elastomer shall be designated as the primary process unit. product, then that process unit is not an product of the EPPU. If more than one (ii) If a process unit produces more EPPU. elastomer product will be produced, the than one intended product at the same (2) If the primary product cannot be owner or operator may select which time, the primary product shall be determined for a flexible operation unit elastomer product is designated as the determined in accordance with in accordance with paragraph (f)(1)(iii) primary product. paragraph (f)(1)(ii)(A) or (B) of this of this section, applicability shall be (3) Annual Applicability section. determined in accordance with this Determination for non-EPPUs that have (A) The product for which the process paragraph. produced an elastomer product. Once unit has the greatest annual design (i) If the owner or operator cannot per year beginning September 5, 2001, capacity on a mass basis shall represent determine the primary product in the owner or operator of each flexible the primary product of the process unit, accordance with paragraph (f)(1)(iii) of operation unit that is not designated as or this section, but can determine that an an EPPU, but that has produced an (B) If a process unit has the same elastomer product is not the primary elastomer product at any time in the maximum annual design capacity on a product, then that flexible operation preceding five-year period or since the mass basis for two or more products, unit is not an EPPU. date that the unit began production of and if one of those products is an (ii) If the owner or operator cannot any product, whichever is shorter, shall elastomer product, then the elastomer determine the primary product in perform the evaluation described in product shall represent the primary accordance with paragraph (f)(1)(iii) of paragraphs (f)(3)(i) through (f)(3)(iii) of product of the process unit. this section, and cannot determine that this section. (iii) If a process unit is designed and an elastomer product is not the primary (i) For each product produced in the operated as a flexible operation unit, the product as specified in paragraph flexible operation unit, the owner or primary product shall be determined as (f)(2)(i) of this section, applicability operator shall calculate the percentage specified in paragraphs (f)(1)(iii)(A) or shall be determined in accordance with of total operating time over which the (B) of this section based on the paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) of anticipated operations for the 5 years this section. product was produced during the following September 5, 1996 at existing (A) If the flexible operation unit is an preceding five-year period. process units, or for the first year after existing process unit, the flexible (ii) The owner or operator shall the process unit begins production of operation unit shall be designated as an identify the primary product as the any product for new process units. If EPPU if an elastomer product was product with the highest percentage of operations cannot be anticipated produced for 5 percent or greater of the total operating time for the preceding sufficiently to allow the determination total operating time of the flexible five-year period. of the primary product for the specified operation unit since March 9, 1999. (iii) If the primary product identified period, applicability shall be That EPPU and associated equipment, in paragraph (f)(3)(ii) is an elastomer determined in accordance with as listed in paragraph (a)(4) of this product, the flexible operation unit shall paragraph (f)(2) of this section. section, is either an affected source, or be designated as an EPPU. The owner or (A) If the flexible operation unit will part of an affected source comprised of operator shall notify the Administrator manufacture one product for the greatest other EPPU and associated equipment, no later than 45 days after determining operating time over the specified five as listed in paragraph (a)(4) of this that the flexible operation unit is an year period for existing process units, or section, subject to this subpart with the EPPU, and shall comply with the the specified one year period for new same primary product at the same plant requirements of this subpart in process units, then that product shall site that is a major source. For a flexible accordance with paragraph (i)(1) of this represent the primary product of the operation unit that is designated as an section for the flexible operation unit. flexible operation unit. EPPU in accordance with this (4) Applicability determination for (B) If the flexible operation unit will paragraph, the elastomer product non-EPPUs that have not produced an manufacture multiple products equally produced for the greatest amount of elastomer product. The owner or based on operating time, then the time since March 9, 1999 shall be operator that anticipates the production product with the greatest expected designated as the primary product of the of an elastomer product in a process production on a mass basis over the EPPU. unit that is not designated as an EPPU, specified five year period for existing (B) If the flexible operation unit is a and in which no elastomer products process units, or the specified one year new process unit, the flexible operation have been produced in the previous 5 period for new process units shall unit shall be designated as an EPPU if year period or since the date that the represent the primary product of the the owner or operator anticipates that an process unit began production of any flexible operation unit. elastomer product will be manufactured product, whichever is shorter, shall (iv) If, according to paragraph (f)(1)(i), in the flexible operation unit at any time determine if the process unit is subject (ii), or (iii) of this section, the primary in the first year after the date the unit to this subpart in accordance with product of a process unit is an elastomer begins production of any product. That paragraphs (f)(4)(i) and (ii) of this product, then that process unit shall be EPPU and associated equipment, as section. Also, owners or operators who designated as an EPPU. That EPPU and listed in paragraph (a)(4) of this section, have notified the Administrator that a associated equipment, as listed in is either an affected source, or part of an process unit is not an EPPU in paragraph (a)(4) of this section, is either affected source comprised of other accordance with paragraph (f)(9) of this an affected source, or part of an affected EPPU and associated equipment, as section, that now anticipate the source comprised of other EPPU and listed in paragraph (a)(4) of this section, production of an elastomer product in associated equipment, as listed in subject to this subpart with the same the process unit, shall determine if the paragraph (a)(4) of this section, subject primary product at the same plant site process unit is subject to this subpart in to this subpart with the same primary that is a major source. For a process unit accordance with paragraphs (f)(4)(i) and product at the same plant site that is a that is designated as an EPPU in (ii) of this section.

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(i) The owner or operator shall use the product produced by the flexible (B) Identification of which procedures in paragraph (f)(1) or (f)(2) of operation unit. For each product, the compliance option, either paragraph this section to determine if the process group status shall be determined using (f)(6)(i) or (f)(6)(ii) of this section, has unit is designated as an EPPU, with the the emission point characteristics when been selected by the owner or operator. following exception: for existing process that product is being manufactured and (C) If the option to establish separate units that are determining the primary using the Group 1 criteria specified for parameter monitoring levels for each product in accordance with paragraph the primary product. product in paragraph (f)(7)(i) of this section is selected, the identification of (f)(1)(iii) of this section, or that are Note: Under this scenario, it is possible determining applicability in accordance that the group status, and therefore the each product and the corresponding with paragraph (f)(2) of this section, requirement to achieve emission reductions, parameter monitoring level. production shall be projected for the for an emission point may change depending (D) If the option to establish a single five years following the date that the on the product being manufactured. parameter monitor level in paragraph owner or operator anticipates initiating (f)(7)(ii) of this section is selected, the (7) Owners or operators determining parameter monitoring level for each the production of an elastomer product, the group status of emission points in instead of the five years following parameter. flexible operation units based solely on (9) EPPUs terminating production of September 5, 1996. the primary product in accordance with (ii) If the unit is designated as an all elastomer products. If an EPPU paragraph (f)(6)(i) of this section shall EPPU in accordance with paragraph terminates the production of all establish parameter monitoring levels, (f)(4)(i) of this section, the owner or elastomer products and does not as required, in accordance with either operator shall comply in accordance anticipate the production of any paragraph (f)(7)(i) or (f)(7)(ii) of this with paragraph (i)(1) of this section. elastomer products in the future, the (5) Compliance for flexible operation section. Owners or operators process unit is no longer an EPPU and units. Owners or operators of EPPUs determining the group status of is not subject to this subpart after that are flexible operation units shall emission points in flexible operation notification is made to the comply with the standards specified for units based on each product in Administrator. This notification shall be the primary product, with the accordance with paragraph (f)(6)(ii) of accompanied by a rationale for why it exceptions provided in paragraphs this section shall establish parameter is anticipated that no elastomer (f)(5)(i) and (f)(5)(ii) of this section. monitoring levels, as required, in products will be produced in the (i) Whenever a flexible operation unit accordance with paragraph (f)(7)(i) of process unit in the future. manufactures a product in which no this section. (10) Redetermination of applicability organic HAP is used or manufactured, (i) Establish separate parameter to EPPUs that are flexible operation the owner or operator is only required monitoring levels in accordance with units. Whenever changes in production to comply with either paragraph (b)(1) § 63.505(a) for each individual product. occur that could reasonably be expected or (b)(2) of this section to demonstrate (ii) Establish a single parameter to change the primary product of an compliance for activities associated monitoring level (for each parameter EPPU that is operating as a flexible with the manufacture of that product. required to be monitored at each device operation unit from an elastomer This subpart does not require subject to monitoring requirements) in product to a product that would make compliance with the provisions of accordance with § 63.505(a) that would the process unit subject to another subpart A of this part for activities apply for all products. subpart of this part, the owner or associated with the manufacture of a (8) Reporting requirements. When it is operator shall re-evaluate the status of product that meets the criteria of determined that a process unit is an the process unit as an EPPU in paragraph (b) of this section. EPPU and subject to the requirements of accordance with paragraphs (f)(10)(i) (ii) Whenever a flexible operation unit this subpart, the Notification of through (iii) of this section. manufactures a product that makes it Compliance Status required by (i) For each product produced in the subject to subpart GGG of this part, the § 63.506(e)(5) shall include the flexible operation unit, the owner or owner or operator is not required to information specified in paragraphs operator shall calculate the percentage comply with the provisions of this (f)(8)(i) and (f)(8)(ii) of this section, as of total operating time in which the subpart during the production of that applicable. If it is determined that the product was produced for the preceding product. process unit is not subject to this five-year period, or since the date that (6) Owners or operators of EPPUs that subpart, the owner or operator shall the process unit began production of are flexible operation units have the either retain all information, data, and any product, whichever is shorter. option of determining the group status analysis used to document the basis for (ii) The owner or operator shall of each emission point associated with the determination that the primary identify the primary product as the the flexible operation unit, in product is not an elastomer product, or, product with the highest percentage of accordance with either paragraph when requested by the Administrator, total operating time for the period. (f)(6)(i) or (f)(6)(ii) of this section, with demonstrate that the process unit is not (iii) If the conditions in (f)(10)(iii)(A) the exception of batch front-end process subject to this subpart. through (C) of this section are met, the vents. For batch front-end process vents, (i) If the EPPU manufactures only one flexible operation unit shall no longer the owner or operator shall determine elastomer product, identification of that be designated as an EPPU after the the group status in accordance with elastomer product. compliance date of the other subpart § 63.488. (ii) If the EPPU is designed and and shall no longer be subject to the (i) The owner or operator may operated as a flexible operation unit, the provisions of this subpart after the date determine the group status of each information specified in paragraphs that the process unit is required to be in emission point based on emission point (f)(8)(ii)(A) through (f)(8)(ii)(D) of this compliance with the provisions of the characteristics when the primary section, as appropriate, shall be other subpart of this part to which it is product is being manufactured. submitted. subject. If the conditions in paragraphs (ii) The owner or operator may (A) If a primary product could be (f)(10)(iii)(A) through (C) of this section determine the group status of each determined, identification of the are not met, the flexible operation unit emission point separately for each primary product. shall continue to be considered an EPPU

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11608 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules and subject to the requirements of this marine tank farm), the applicability of recovery operations equipment is subpart. this subpart shall be determined assigned. (A) The product identified in according to the provisions in (1) If recovery operations equipment (f)(10)(ii) of this section is not an paragraphs (g)(7)(i) through (g)(7)(iv) of is already subject to another subpart of elastomer product; and this section. 40 CFR part 63 on September 5, 1996, (B) The production of the product (i) The storage vessel may only be that recovery operations equipment identified in (f)(10)(ii) of this section is assigned to a process unit that utilizes shall be assigned to the process unit subject to another subpart of this part; the storage vessel and does not have an subject to the other subpart. and intervening storage vessel for that (2) If recovery operations equipment (C) The owner or operator submits a product (or raw material, as is dedicated to a single process unit, the notification to the Administrator of the appropriate). With respect to any recovery operations equipment shall be pending change in applicability. process unit, an intervening storage assigned to that process unit. (g) Storage vessel ownership vessel means a storage vessel connected (3) If recovery operations equipment determination. The owner or operator by hard-piping both to the process unit is shared among process units, then the shall follow the procedures specified in and to the storage vessel in the tank recovery operations equipment shall be paragraphs (g)(1) through (g)(7) of this farm so that product or raw material assigned to that process unit located on section to determine to which process entering or leaving the process unit the same plant site as the recovery unit a storage vessel shall be assigned. flows into (or from) the intervening operations equipment that has the Paragraph (g)(8) of this section specifies storage vessel and does not flow directly greatest input into or output from the when an owner or operator is required into (or from) the storage vessel in the recovery operations equipment (i.e., that to redetermine to which process unit a tank farm. process unit has the predominant use of storage vessel is assigned. (ii) If there is no process unit at the the recovery operations equipment). (1) If a storage vessel is already major source that meets the criteria of (4) If predominant use cannot be subject to another subpart of 40 CFR paragraph (g)(7)(i) of this section with determined for recovery operations part 63 on September 5, 1996, that respect to a storage vessel, this subpart equipment that is shared among process storage vessel shall be assigned to the does not apply to the storage vessel. units and if one of those process units process unit subject to the other subpart. (iii) If there is only one process unit is an EPPU subject to this subpart, the (2) If a storage vessel is dedicated to at the major source that meets the recovery operations equipment shall be a single process unit, the storage vessel criteria of paragraph (g)(7)(i) of this assigned to the EPPU subject to this shall be assigned to that process unit. section with respect to a storage vessel, subpart. (3) If a storage vessel is shared among the storage vessel shall be assigned to * * * * * process units, then the storage vessel that process unit. Applicability of this (6) If the predominant use of recovery shall be assigned to that process unit subpart to the storage vessel shall then operations equipment varies from year located on the same plant site as the be determined according to the to year, then the predominant use shall storage vessel that has the greatest input provisions of paragraph (a) of this be determined based on the utilization into or output from the storage vessel section. that occurred during the year preceding (i.e., the process unit that has the (iv) If there are two or more process September 5, 1996 for existing affected predominant use of the storage vessel.) units at the major source that meet the sources or based on the expected (4) If predominant use cannot be criteria of paragraph (g)(7)(i) of this utilization for the 5 years following determined for a storage vessel that is section with respect to a storage vessel, September 5, 1996 for existing affected shared among process units and if only the storage vessel shall be assigned to sources, whichever is the more one of those process units is an EPPU one of those process units according to representative of the expected subject to this subpart, the storage vessel the provisions of paragraphs (g)(3) operations for the recovery operations shall be assigned to that EPPU. through (g)(6) of this section. The equipment, and based on the expected * * * * * predominant use shall be determined utilization for the first 5 years after (6) If the predominant use of a storage among only those process units that initial start-up for new affected sources. vessel varies from year to year, then meet the criteria of paragraph (g)(7)(i) of The determination of predominant use predominant use shall be determined this section. shall be reported in the Notification of based on the utilization that occurred (8) If the storage vessel begins Compliance Status, as required by during the year preceding September 5, receiving material from (or sending § 63.506(e)(5)(viii). 1996 or based on the expected material to) a process unit that was not (7) If a piece of recovery operations utilization for the 5 years following included in the initial determination, or equipment begins receiving material September 5, 1996, whichever is more ceases to receive material from (or send from a process unit that was not representative of the expected material to) a process unit that was included in the initial determination, or operations for that storage vessel for included in the initial determination, ceases to receive material from a process existing affected sources, and based on the owner or operator shall reevaluate unit that was included in the initial the expected utilization for the first 5 the applicability of this subpart to that determination, the owner or operator years after initial start-up for new storage vessel. shall reevaluate the applicability of this affected sources. The determination of (h) Recovery operations equipment subpart to that recovery operations predominant use shall be reported in ownership determination. The owner or equipment. the Notification of Compliance Status, operator shall follow the procedures (i) Changes or additions to plant sites. as required by § 63.506(e)(5)(vii). specified in paragraphs (h)(1) through The provisions of paragraphs (i)(1) (7) Where a storage vessel is located (h)(6) of this section to determine to through (i)(4) of this section apply to at a major source that includes one or which process unit recovery operations owners or operators that change or add more process units which place material equipment shall be assigned. Paragraph to their plant site or affected source. into, or receive materials from the (h)(7) of this section specifies when an Paragraph (i)(5) provides examples of storage vessel, but the storage vessel is owner or operator is required to what are and are not considered process located in a tank farm (including a redetermine to which process unit the changes for purposes of paragraph (i) of

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11609 this section. Paragraph (i)(6) of this (i) If any process change or addition catalyst type, or whenever there is a section discusses reporting is made to an existing affected source replacement, removal, or addition of requirements. and that process change or addition recovery equipment, or changes that (1) Adding an EPPU to a plant site. meets the criteria specified in increase production capacity. For The provisions of paragraphs (i)(1)(i) paragraphs (i)(2)(i)(A) through purposes of paragraph (i) of this section, and (i)(1)(ii) of this section apply to (i)(2)(i)(B) of this section, the entire process changes do not include: Process owners or operators that add one or affected source shall be a new affected upsets, unintentional temporary process more EPPUs to a plant site. source and shall comply with the changes, and changes that are within the (i) If a group of one or more EPPUs requirements for a new affected source equipment configuration and operating that produce the same primary product in this subpart upon initial start-up or conditions documented in the is added to a plant site, the group of one by September 5, 1996, whichever is Notification of Compliance Status report or more EPPUs and associated later. required by § 63.506(e)(5). equipment, as listed in paragraph (a)(4) (A) It is a process change or addition (6) Reporting requirements for owners of this section, shall be a new affected that meets the definition of or operators that change or add to their source and shall comply with the reconstruction in § 63.482(b); and plant site or affected source. Owners or requirements for a new affected source * * * * * operators that change or add to their in this subpart upon initial start-up or (ii) If any process change is made that plant site or affected source, as by September 5, 1996, whichever is results in one or more Group 1 emission discussed in paragraphs (i)(1) and (i)(2) later, if the criteria specified in either of this section, shall submit a report as points (i.e., either newly created Group paragraph (i)(1)(i)(A) or (i)(1)(i)(B) are specified in § 63.506(e)(7)(v). 1 emission points or emission points met, and if the criteria in either (j) Applicability of this subpart during that change group status from Group 2 paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of periods of start-up, shutdown, to Group 1) or if any other emission this section are met. malfunction, or non-operation. (A) The construction of the group of point is added to an existing affected Paragraphs (j)(1) through (j)(4) of this one or more EPPUs commenced after source (i.e., Group 2 emission point(s) section shall be followed during periods June 12, 1995. or equipment leaks components subject of start-up, shutdown, malfunction, or (B) The construction or to § 63.502) and the process change or non-operation of the affected source or reconstruction, for process units that addition does not meet the criteria any part thereof. have become EPPUs, commenced after specified in paragraphs (i)(2)(i)(A) and (1) The emission limitations set forth June 12, 1995. (i)(2)(i)(B) of this section, the resulting in this subpart and the emission (C) The group of one or more EPPUs emission point(s) shall be subject to the limitations referred to in this subpart and associated equipment, as listed in requirements for an existing affected shall apply at all times except during paragraph (a)(4) of this section, has the source in this subpart. The resulting periods of non-operation of the affected potential to emit 10 tons per year or emission point(s) shall be in compliance source (or specific portion thereof) more of any HAP or 25 tons per year or upon initial start-up or by the resulting in cessation of the emissions to more of any combination of HAP, and appropriate compliance date specified which this subpart applies. The the primary product of the group of one in § 63.481 (i.e., July 31, 1997 for most emission limitations of this subpart and or more EPPUs is currently produced at equipment leak components subject to the emission limitations referred to in the plant site as the primary product of § 63.502, and September 5, 1999 for this subpart shall not apply during an affected source; or emission points other than equipment periods of start-up, shutdown, or (D) The primary product of the group leaks), whichever is later. malfunction. During periods of start-up, of one or more EPPUs is not currently (3) Existing affected source shutdown, or malfunction, the owner or produced at the plant site as the primary requirements for surge control vessels operator shall follow the applicable product of an affected source, and the and bottoms receivers that become provisions of the start-up, shutdown, plant site meets, or after the addition of subject to subpart H requirements. If a and malfunction plan required by the group of one or more EPPUs and process change or the addition of an § 63.6(e)(3). However, if a start-up, associated equipment, as listed in emission point causes a surge control shutdown, malfunction, or period of paragraph (a)(4) of this section, will vessel or bottoms receiver to become non-operation of one portion of an meet the definition of a major source. subject to § 63.170 under this paragraph affected source does not affect the (ii) If a group of one or more EPPUs (i), the owner or operator shall be in ability of a particular emission point to that produce the same primary product compliance upon initial start-up or by comply with the emission limitations to is added to a plant site, and the group September 5, 1999, whichever is later. which it is subject, then that emission of one or more EPPUs does not meet the (4) Existing affected source point shall still be required to comply criteria specified in paragraph (i)(1)(i) of requirements for compressors that with the applicable emission limitations this section, and the plant site meets, or become subject to subpart H of this subpart during the start-up, after the addition will meet, the requirements. If a process change or the shutdown, malfunction, or period of definition of a major source, the group addition of an emission point causes a non-operation. For example, if there is of one or more EPPUs and associated compressor to become subject to an overpressure in the reactor area, a equipment, as listed in paragraph (a)(4) § 63.164 under this paragraph (i), the storage vessel that is part of the affected of this section, shall comply with the owner or operator shall be in source would still be required to be requirements for an existing affected compliance upon initial start-up or by controlled in accordance with the source in this subpart upon initial start- the compliance date for that emission limitations in § 63.484. up; by September 5, 1999; or by 6 compressor, as specified in § 63.481(d), Similarly, the degassing of a storage months after notifying the whichever is later. vessel would not affect the ability of a Administrator that a process unit has (5) Determining what are and are not batch front-end process vent to meet the been designated as an EPPU (in process changes. For purposes of emission limitations of §§ 63.486 accordance with paragraph (f)(3)(iii) of paragraph (i) of this section, examples of through 63.492. this section), whichever is later. process changes include, but are not (2) The emission limitations set forth (2) * * * limited to, changes in feedstock type or in subpart H of this part, as referred to

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11610 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules in § 63.502, shall apply at all times control technologies, recovery compressor meeting all the criteria in except during periods of non-operation technologies, work practices, pollution paragraphs (d)(2)(i) through (d)(2)(iv) of of the affected source (or specific prevention, monitoring, and/or changes this section. portion thereof) in which the lines are in the manner of operation of the (i) The compressor meets one or more drained and depressurized resulting in affected source. Back-up control devices of the criteria specified in paragraphs cessation of the emissions to which are not required, but may be used if (d)(1)(i) through (d)(1)(iv) of this § 63.502 applies, or during periods of available. section; start-up, shutdown, malfunction, or 3. Section 63.481 is amended by: (ii) The work can be accomplished process unit shutdown (as defined in a. Revising the section title and without a process unit shutdown as § 63.161). paragraphs (a), (b), (c), (d) introductory defined in § 63.161; (3) The owner or operator shall not text, (d)(1) introductory text, (d)(2) * * * * * shut down items of equipment that are introductory text, (d)(2)(i), (d)(2)(ii), (iv) The owner or operator submits required or utilized for compliance with (d)(2)(iv), (d)(3), (d)(4) introductory text, the request for a compliance extension this subpart during periods of start-up, (d)(5), (d)(6), (e), (h)(2), (i), and (j); and to the appropriate U.S. Environmental shutdown, or malfunction during times b. Adding paragraphs (k), (l), and (m), Protection Agency (EPA) Regional when emissions (or, where applicable, to read as follows: Office at the address listed in § 63.13 no wastewater streams or residuals) are later than 45 days before the compliance being routed to such items of equipment § 63.481 Compliance dates and relationship of this subpart to existing date. The request for a compliance if the shutdown would contravene applicable rules. extension shall contain the information requirements of this subpart applicable (a) Affected sources are required to specified in § 63.6(i)(6)(i)(A), (B), and to such items of equipment. This (D). Unless the EPA Regional Office paragraph does not apply if the item of achieve compliance on or before the dates specified in paragraphs (b) objects to the request for a compliance equipment is malfunctioning. This extension within 30 days after receipt of paragraph also does not apply if the through (d) of this section. Paragraph (e) of this section provides information on the request, the request shall be deemed owner or operator shuts down the approved. compliance equipment (other than requesting compliance extensions. Paragraphs (f) through (l) of this section (3) If compliance with the compressor monitoring systems) to avoid damage provisions of § 63.164 cannot reasonably due to a contemporaneous start-up, discuss the relationship of this subpart to subpart A and to other applicable be achieved without a process unit shutdown, or malfunction of the shutdown, the owner or operator shall affected source or portion thereof. If the rules. Where an override of another authority of the Act is indicated in this achieve compliance no later than owner or operator has reason to believe September 5, 1998. The owner or that monitoring equipment would be subpart, only compliance with the operator who elects to use this provision damaged due to a contemporaneous provisions of this subpart is required. shall submit a request for an extension start-up, shutdown, or malfunction of Paragraph (m) of this section specifies of compliance in accordance with the the affected source or portion thereof, the meaning of time periods. requirements of paragraph (d)(2)(iv) of the owner or operator shall provide (b) New affected sources that this section. documentation supporting such a claim commence construction or (4) Compliance with the compressor in the Precompliance Report or in a reconstruction after June 12, 1995 shall provisions of § 63.164 shall occur no supplement to the Precompliance be in compliance with this subpart upon later than September 5, 1999 for any Report, as provided for in § 63.506(e)(3). initial start-up or September 5, 1996, compressor meeting one or more of the Once approved by the Administrator in whichever is later, as provided in criteria in paragraphs (d)(4)(i) through accordance with § 63.506(e)(3)(viii), the § 63.6(b). (d)(4)(iii) of this section. The owner or provision for ceasing to collect, during (c) Existing affected sources shall be a start-up, shutdown, or malfunction, in compliance with this subpart (except operator who elects to use these monitoring data that would otherwise for § 63.502 for which compliance is provisions shall submit a request for an be required by the provisions of this covered by paragraph (d) of this section) extension of compliance in accordance subpart must be incorporated into the no later than September 5, 1999, as with the requirements of paragraph start-up, shutdown, malfunction plan provided in § 63.6(c), unless an (d)(2)(iv) of this section. for that affected source, as stated in extension has been granted as specified * * * * * § 63.506(b)(1). in paragraph (e) of this section. (5) Compliance with the surge control (4) During start-ups, shutdowns, and (d) Except as provided for in vessel and bottoms receiver provisions malfunctions when the emission paragraphs (d)(1) through (d)(6) of this of § 63.170 shall occur no later than limitations of this subpart do not apply section, existing affected sources shall September 5, 1999. pursuant to paragraphs (j)(1) through be in compliance with § 63.502 no later (6) Compliance with the heat (j)(3) of this section, the owner or than July 31, 1997, unless an extension exchange system provisions of § 63.104 operator shall implement, to the extent has been granted pursuant to paragraph shall occur no later than September 5, reasonably available, measures to (e) of this section. 1999. prevent or minimize excess emissions to (1) Compliance with the compressor (e) Pursuant to section 112(i)(3)(B) of the extent practical. For purposes of this provisions of § 63.164 shall occur no the Act, an owner or operator may paragraph, the term ‘‘excess emissions’’ later than September 5, 1997 for any request an extension allowing the means emissions in excess of those that compressor meeting one or more of the existing affected source up to 1 would have occurred if there were no criteria in paragraphs (d)(1)(i) through additional year to comply with section start-up, shutdown, or malfunction and (d)(1)(iv) of this section, if the work can 112(d) standards. For purposes of this the owner or operator complied with the be accomplished without a process unit subpart, a request for an extension shall relevant provisions of this subpart. The shutdown, as defined in § 63.161. be submitted to the permitting authority measures to be taken shall be identified * * * * * as part of the operating permit in the applicable start-up, shutdown, (2) Compliance with the compressor application, or to the Administrator as and malfunction plan, and may include, provisions of § 63.164 shall occur no a separate submittal or as part of the but are not limited to, air pollution later than March 5, 1998, for any Precompliance Report. Requests for

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11611 extensions shall be submitted no later (k) Applicability of other regulations subpart with respect to that waste than 120 days prior to the compliance for monitoring, recordkeeping or management unit. dates specified in paragraphs (b) reporting with respect to combustion (i) Subpart G of this part. through (d) of this section, except as devices, recovery devices, or recapture (ii) A subpart of this part which provided in paragraph (e)(3) of this devices. After the compliance dates requires compliance with §§ 63.132 section. The dates specified in § 63.6(i) specified in this subpart, if any through 63.147 (e.g., subpart JJJ of this for submittal of requests for extensions combustion device, recovery device or part). shall not apply to this subpart. recapture device subject to this subpart (m) All terms in this subpart that (1) A request for an extension of is also subject to monitoring, define a period of time for completion compliance shall include the data recordkeeping, and reporting of required tasks (e.g., monthly, described in § 63.6(i)(6)(i)(A), (B), and requirements in 40 CFR part 264 subpart quarterly, annual), unless specified (D). AA or CC, or is subject to monitoring otherwise in the section or paragraph (2) The requirements in §§ 63.6(i)(8) and recordkeeping requirements in 40 that imposes the requirement, refer to through 63.6(i)(14) shall govern the CFR part 265 subpart AA or CC and the the standard calendar periods. review and approval of requests for owner or operator complies with the (1) Notwithstanding time periods extensions of compliance with this periodic reporting requirements under specified in this subpart for completion subpart. 40 CFR part 264 subpart AA or CC that of required tasks, such time periods may (3) An owner or operator may submit would apply to the device if the facility be changed by mutual agreement a compliance extension request after the had final-permitted status, the owner or between the owner or operator and the date specified in paragraph (e) of this operator may elect to comply either Administrator, as specified in subpart A section, provided that the need for the with the monitoring, recordkeeping and of this part (e.g., a period could begin compliance extension arose after that reporting requirements of this subpart, on the compliance date or another date, date, and the need arose due to or with the monitoring, recordkeeping rather than on the first day of the circumstances beyond reasonable and reporting requirements in 40 CFR standard calendar period). For each time control of the owner or operator. This parts 264 and/or 265, as described in period that is changed by agreement, the request shall include, in addition to the this paragraph, which shall constitute revised period shall remain in effect information specified in paragraph (e)(1) compliance with the monitoring, until it is changed. A new request is not of this section, a statement of the recordkeeping and reporting necessary for each recurring period. reasons additional time is needed and requirements of this subpart. The owner (2) Where the period specified for the date when the owner or operator or operator shall identify which option compliance is a standard calendar first learned of the circumstances has been selected in the Notification of period, if the initial compliance date necessitating a request for a compliance Compliance Status required by occurs after the beginning of the period, extension under this paragraph (e)(3). § 63.506(e)(5). compliance shall be required according (l) Applicability of other requirements to the schedule specified in paragraphs * * * * * (m)(2)(i) or (m)(2)(ii) of this section, as (h) * * * for heat exchange systems or waste management units. Paragraphs (l)(1) and appropriate. (2) Sources subject to 40 CFR part 63, (i) Compliance shall be required (l)(2) of this section address instances in subpart I that have elected to comply before the end of the standard calendar which certain requirements from other through a quality improvement period within which the compliance regulations also apply for the same heat program, as specified in § 63.175 or deadline occurs, if there remain at least exchange system(s) or waste § 63.176 or both, may elect to continue 2 weeks for tasks that shall be management unit(s) that are subject to these programs without interruption as performed monthly, at least 1 month for this subpart. a means of complying with this subpart. tasks that shall be performed each In other words, becoming subject to this (1) After the applicable compliance quarter, or at least 3 months for tasks subpart does not restart or reset the date specified in this subpart, if a heat that shall be performed annually; or ‘‘compliance clock’’ as it relates to exchange system subject to this subpart (ii) In all other cases, compliance reduced burden earned through a is also subject to a standard identified shall be required before the end of the quality improvement program. in paragraphs (l)(1)(i) or (ii) of this first full standard calendar period after (i) After the compliance dates section, compliance with the applicable the period within which the initial specified in this section, a storage vessel provisions of the standard identified in compliance deadline occurs. that is assigned to an affected source paragraphs (l)(1)(i) or (ii) of this section (3) In all instances where a provision subject to this subpart and that is also shall constitute compliance with the of this subpart requires completion of a subject to the provisions of 40 CFR part applicable provisions of this subpart task during each of multiple successive 60, subpart Kb is required to comply with respect to that heat exchange periods, an owner or operator may only with the provisions of this subpart. system. perform the required task at any time After the compliance dates specified in (i) Subpart F of this part. during the specified period, provided this section, that storage vessel shall no (ii) A subpart of this part which that the task is conducted at a longer be subject to 40 CFR part 60, requires compliance with § 63.104 (e.g., reasonable interval after completion of subpart Kb. subpart JJJ of this part). the task during the previous period. (j) After the compliance dates (2) After the applicable compliance 4. Section 63.482 is amended: specified in this section, an affected date specified in this subpart, if any a. By revising paragraph (a) and the source subject to this subpart that is also waste management unit subject to this definitions for ‘‘Aggregate batch vent subject to the provisions of 40 CFR part subpart is also subject to a standard stream,’’ ‘‘Batch front-end process 60, subpart VV, is required to comply identified in paragraph (l)(2)(i) or (ii) of vent,’’ ‘‘Batch process,’’ ‘‘Batch unit only with the provisions of this subpart. this section, compliance with the operation,’’ ‘‘Compounding unit,’’ After the compliance dates specified in applicable provisions of the standard ‘‘Continuous front-end process vent,’’ this section, the source shall no longer identified in paragraph (l)(2)(i) or (ii) of ‘‘Continuous process,’’ ‘‘Continuous be subject to 40 CFR part 60, subpart this section shall constitute compliance unit operation,’’ ‘‘Control device,’’ VV. with the applicable provisions of this ‘‘Elastomer product,’’ ‘‘Elastomer

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11612 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules product process unit (EPPU),’’ Administrator (§ 63.2) Start-up, shutdown, and malfunction ‘‘Elastomer type,’’ ‘‘Emission point,’’ Automated monitoring and recording plan (§ 63.101) ‘‘Emulsion process,’’ ‘‘Epichlorohydrin system (§ 63.111) State (§ 63.2) elastomer,’’ ‘‘Ethylene-propylene Boiler (§ 63.111) Stationary Source (§ 63.2) rubber,’’ ‘‘Front-end,’’ ‘‘Grade,’’ ‘‘Group Bottoms receiver (§ 63.161) Surge control vessel (§ 63.161) 1 batch front-end process vent,’’ ‘‘Group By compound (§ 63.111) Temperature monitoring device 1 continuous front-end process vent,’’ By-product (§ 63.101) (§ 63.111) ‘‘Group 2 continuous front-end process Car-seal (§ 63.111) Test method (§ 63.2) vent,’’ ‘‘Group 1 wastewater stream,’’ Closed-vent system (§ 63.111) Treatment process (§ 63.111) ‘‘Halogenated continuous front-end Combustion device (§ 63.111) Unit operation (§ 63.101) process vent,’’ ‘‘Nitrile butadiene Commenced (§ 63.2) Visible emission (§ 63.2) rubber,’’ ‘‘Organic hazardous air Compliance date (§ 63.2) (b) * * * pollutant(s) (organic HAP),’’ ‘‘Process Connector (§ 63.161) Aggregate batch vent stream means a Continuous monitoring system (§ 63.2) unit,’’ ‘‘Process vent,’’ ‘‘Product,’’ gaseous emission stream containing Distillation unit (§ 63.111) ‘‘Recovery operations equipment,’’ only the exhausts from two or more Duct work (§ 63.161) ‘‘Resin,’’ ‘‘Steady-state conditions,’’ batch front-end process vents that are Emission limitation (Section 302(k) of ‘‘Storage vessel,’’ ‘‘Suspension process,’’ ducted, hard-piped, or otherwise and ‘‘Total organic compounds (TOC)’’; the Act) Emission standard (§ 63.2) connected together for a continuous b. By removing the definitions of flow. ‘‘Average flow rate,’’ ‘‘Batch cycle Emissions averaging(§ 63.2) EPA (§ 63.2) Annual average batch vent limitation,’’ ‘‘Mass process,’’ ‘‘Material concentration is determined using recovery section,’’ ‘‘Month,’’ Equipment leak (§ 63.101) External floating roof (§ 63.111) Equation 17, as described in ‘‘Polybutadiene rubber/styrene § 63.488(h)(2) for halogenated butadiene rubber by solution,’’ Fill or filling (§ 63.111) Fixed capital cost (§ 63.2) compounds. ‘‘Polymerization reaction section,’’ Annual average batch vent flow rate ‘‘Raw materials preparation section,’’ Flame zone (§ 63.111) Floating roof (§ 63.111) is determined by the procedures in ‘‘Solid state polymerization unit,’’ § 63.488(e)(3). ‘‘Stripping Technology,’’ and ‘‘Year,’’; Flow indicator (§ 63.111) Fuel gas system (§ 63.101) Annual average concentration, as and used in the wastewater provisions, c. By adding definitions for the terms Halogens and hydrogen halides means the flow-weighted annual ‘‘Annual average batch vent (§ 63.111) average concentration, as determined concentration,’’ ‘‘Annual average batch Hard-piping (§ 63.111) according to the procedures specified in vent flow rate,’’ ‘‘Annual average Hazardous air pollutant (§ 63.2) § 63.144(b), with the exceptions noted concentration,’’ ‘‘Annual average flow Heat exchange system (§ 63.101) in § 63.501, for the purposes of this rate,’’ ‘‘Average batch vent Impurity (§ 63.101) Incinerator (§ 63.111) concentration,’’ ‘‘Average batch vent subpart. In organic hazardous air pollutant flow rate’’, ‘‘Batch mass input Annual average flow rate, as used in service or in organic HAP service limitation,’’ ‘‘Batch mode,’’ ‘‘Block the wastewater provisions, means the (§ 63.161) polymer,’’ ‘‘Combined vent stream,’’ annual average flow rate, as determined Instrumentation system (§ 63.161) ‘‘Construction,’’ ‘‘Continuous mode,’’ according to the procedures specified in Internal floating roof (§ 63.111) ‘‘Continuous record,’’ ‘‘Continuous § 63.144(c), with the exceptions noted in Lesser quantity (§ 63.2) recorder,’’ ‘‘Equipment,’’ ‘‘Existing § 63.501, for the purposes of this Major source (§ 63.2) subpart. affected source,’’ ‘‘Existing process Malfunction (§ 63.2) unit,’’ ‘‘Flexible operation unit,’’ ‘‘Glass Average batch vent concentration is Open-ended valve or line (§ 63.161) determined by the procedures in transition temperature,’’ ‘‘Highest-HAP Operating permit (§ 63.101) recipe,’’ ‘‘Initial start-up,’’ § 63.488(b)(5)(iii) for HAP Organic monitoring device (§ 63.111) concentrations and is determined by the ‘‘Maintenance wastewater,’’ ‘‘Maximum Owner or operator (§ 63.2) true vapor pressure,’’ ‘‘Multicomponent procedures in § 63.488(h)(1)(iii) for Performance evaluation (§ 63.2) organic compounds containing halogens system,’’ ‘‘Net positive heating value,’’ Performance test (§ 63.2) ‘‘New affected source,’’ ‘‘New process and hydrogen halides. Permitting authority (§ 63.2) Average batch vent flow rate is unit,’’ ‘‘On-site or on site,’’ ‘‘Operating Plant site (§ 63.101) day,’’ ‘‘Polybutadiene rubber by determined by the procedures in Potential to emit (§ 63.2) § 63.488(e)(1) and (e)(2). solution,’’ ‘‘Recipe,’’ ‘‘Reconstruction,’’ Pressure release (§ 63.161) ‘‘Recovery device,’’ ‘‘Residual,’’ Primary fuel (§ 63.111) * * * * * ‘‘Shutdown,’’ ‘‘Start-up,’’ ‘‘Stripper,’’ Process heater (§ 63.111) Batch front-end process vent means a ‘‘Stripping,’’ ‘‘Styrene butadiene rubber Process unit shutdown (§ 63.161) process vent with annual organic HAP by solution,’’ ‘‘Total resource Process wastewater (§ 63.101) emissions greater than 225 kilograms effectiveness index value or TRE index Process wastewater stream (§ 63.111) per year from a batch unit operation value,’’ ‘‘Vent stream,’’ ‘‘Waste Reactor (§ 63.111) within an affected source and located in management unit,’’ ‘‘Wastewater,’’ and Recapture device (§ 63.101) the front-end of a process unit. Annual ‘‘Wastewater stream,’’ to read as follows: Research and development facility organic HAP emissions are determined (§ 63.101) as specified in § 63.488(b) at the § 63.482 Definitions. Routed to a process or route to a process location specified in § 63.488(a)(2). (a) The following terms used in this (§ 63.161) Batch mass input limitation means an subpart shall have the meaning given Run (§ 63.2) enforceable restriction on the total mass them in § 63.2, § 63.101, § 63.111, Secondary fuel (§ 63.111) of HAP or material that can be input to § 63.161, or the Act, as specified after Sensor (§ 63.161) a batch unit operation in one year. each term: Specific gravity monitoring device Batch mode means the discontinuous Act (§ 63.2) (§ 63.111) bulk movement of material through a

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For a unit operation where the reactor(s) is operated in a Emission point means an individual operated in a batch mode (i.e., batch continuous mode. continuous front-end process vent, unit operation), the addition of material Continuous record means batch front-end process vent, back-end and withdrawal of material do not documentation, either in hard copy or process vent, storage vessel, waste typically occur simultaneously. computer readable form, of data values management unit, heat exchange Batch process means, for the purposes measured at least once every 15 minutes system, or equipment leak, or of this subpart, a process where the and recorded at the frequency specified equipment subject to § 63.149. reactor(s) is operated in a batch mode. in § 63.506(d) or (h). Emulsion process means a process Batch unit operation means a unit Continuous recorder means a data where the monomer(s) is dispersed in operation operated in a batch mode. recording device that either records an droplets throughout a water phase, with Block polymer means a polymer instantaneous data value at least once the aid of an emulsifying agent such as where the polymerization is controlled, every 15 minutes or records 1-hour or soap or a synthetic emulsifier. The usually by performing discrete more frequent block average values. polymerization occurs either within the polymerization steps, such that the final Continuous unit operation means a emulsion droplet or in the aqueous polymer is arranged in a distinct pattern unit operation operated in a continuous phase. of repeating units of the same monomer. mode. Epichlorohydrin elastomer means an * * * * * Control device is defined in § 63.111, elastomer formed from the Combined vent stream, as used in except that the term ‘‘continuous front- polymerization or copolymerization of reference to batch front-end process end process vent’’ shall apply instead of epichlorohydrin (EPI). The main vents, continuous front-end process the term ‘‘process vent,’’ for the purpose epichlorohydrin elastomers are vents, and aggregate batch vent streams, of this subpart. polyepichlorohydrin, epi-ethylene oxide means the emissions from a (EO) copolymer, epi-allyl glycidyl ether * * * * * combination of two or more of the (AGE) copolymer, and epi-EO–AGE Elastomer product means one of the aforementioned types of process vents. terpolymer. Epoxies produced by the following types of products, as they are The primary occurrence of a combined copolymerization of EPI and bisphenol vent stream is as combined emissions defined in this section: A are not epichlorohydrin elastomers. from a continuous front-end process (1) Butyl Rubber; Equipment means, for the purposes of vent and a batch front-end process vent. (2) Halobutyl Rubber; the provisions in § 63.502(a) through Compounding unit means a unit (3) Epichlorohydrin Elastomer; (m) and the requirements in subpart H operation which blends, melts, and (4) Ethylene Propylene Rubber; that are referred to in § 63.502(a) TM resolidifies solid polymers for the (5) Hypalon ; through (m), each pump, compressor, purpose of incorporating additives, (6) Neoprene; agitator, pressure relief device, sampling colorants, or stabilizers into the final (7) Nitrile Butadiene Rubber; connection system, open-ended valve or elastomer product. A unit operation (8) Nitrile Butadiene Latex; line, valve, connector, surge control whose primary purpose is to remove (9) Polybutadiene Rubber by solution vessel, bottoms receiver, and residual monomers from polymers is not (10) Styrene Butadiene Rubber by instrumentation system in organic a compounding unit. Solution; hazardous air pollutant service; and any Construction means the on-site (11) Polysulfide Rubber; control devices or systems required by fabrication, erection, or installation of (12) Styrene Butadiene Rubber by subpart H. an affected source. Construction also Emulsion; and Ethylene-propylene rubber means an means the on-site fabrication, erection, (13) Styrene Butadiene Latex. ethylene-propylene copolymer or an or installation of a process unit or Elastomer product process unit ethylene-propylene terpolymer. combination of process units which (EPPU) means a collection of equipment Ethylene-propylene copolymers (EPM) subsequently becomes an affected assembled and connected by hard- result from the polymerization of source or part of an affected source, due piping or duct work, used to process ethylene and propylene and contain a to a change in primary product. raw materials and to manufacture an saturated chain of the polymethylene Continuous front-end process vent elastomer product as its primary type. Ethylene-propylene terpolymers means a process vent located in the product. This collection of equipment (EPDM) are produced in a similar front-end of a process unit and includes unit operations; recovery manner as EPM, except that a third containing greater than 0.005 weight operations equipment; process vents; monomer is added to the reaction percent total organic HAP from a storage vessels, as determined in sequence. Typical third monomers continuous unit operation within an § 63.480(g); equipment that is identified include ethylidene norbornene, 1,4- affected source. The total organic HAP in § 63.149; and the equipment that is hexadiene, or dicyclopentadiene. weight percent is determined after the subject to the equipment leak provisions Ethylidene norbornene is the most last recovery device, as described in as specified in § 63.502. Utilities, lines commonly used. The production § 63.115(a), and is determined as and equipment not containing process process includes, but is not limited to, specified in § 63.115(c). fluids, and other non-process lines, such polymerization, recycle, recovery, and Continuous mode means the as heating and cooling systems which packaging operations. The continuous movement of material do not combine their materials with polymerization reaction may occur in through a unit operation. Mass, those in the processes they serve, are either a solution process or a suspension temperature, concentration, and other not part of an elastomer product process process. properties typically approach steady- unit. An elastomer product process unit Existing affected source is defined in state conditions. For a unit operation consists of more than one unit § 63.480(a)(3). operated in a continuous mode (i.e., operation. Existing process unit means any continuous unit operation), the Elastomer type means one of the process unit that is not a new process simultaneous addition of raw material elastomers listed under ‘‘elastomer unit. and withdrawal of product is typical. product’’ in this section. Each elastomer * * * * *

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Flexible operation unit means a the exceptions listed in § 63.501(a)(10) recovered chemical stream and the process unit that manufactures different for the purposes of this subpart (i.e., for minimum heat value required to ensure chemical products, polymers, or resins organic HAP listed on Table 5 of this a stable flame in a combustion device, periodically by alternating raw materials subpart only). when the heat value of the recovered or operating conditions. These units are * * * * * chemical stream is less than the also referred to as campaign plants or Halogenated continuous front-end minimum heat value required to ensure blocked operations. process vent means a continuous front- a stable flame. This difference must Front-end refers to the unit operations end process vent determined to have a have a positive value when used in the in an EPPU prior to, and including, the mass emission rate of halogen atoms context of ‘‘recovering chemicals for stripping operations. For all gas-phased contained in organic compounds of 0.45 fuel value’’ (e.g., in the definition of reaction processes, all unit operations kg/hr or greater determined by the ‘‘recovery device’’ in this section). are considered to be front-end. procedures presented in * * * * * * * * * * § 63.115(d)(2)(v). New process unit means a process Glass transition temperature means * * * * * unit for which the construction or the temperature at which an elastomer Highest-HAP recipe for a product reconstruction commenced after June polymer becomes rigid and brittle. means the recipe of the product with the 12, 1995. Grade means a group of recipes of an highest total mass of HAP charged to the * * * * * elastomer type having similar reactor during the production of a single Nitrile butadiene rubber means a characteristics such as molecular batch of product. polymer consisting primarily of weight, monomer composition, * * * * * unsaturated nitriles and dienes, usually significant money values, and the Initial start-up means the first time a acrylonitrile and 1,3-butadiene, not presence or absence of extender oil and/ new or reconstructed affected source including nitrile butadiene latex. or carbon black. More than one recipe begins production of an elastomer On-site or on site means, with respect may be used to produce the same grade. product, or, for equipment added or to records required to be maintained by Group 1 batch front-end process vent changed as described in § 63.480(i), the this subpart or required by another means a batch front-end process vent first time the equipment is put into subpart referenced by this subpart, that releasing annual organic HAP emissions operation to produce an elastomer records are stored at a location within greater than or equal to 11,800 kg/yr and product. Initial start-up does not a major source which encompasses the with a cutoff flow rate, calculated in include operation solely for testing affected source. On-site includes, but is accordance with § 63.488(f), greater than equipment. Initial start-up does not not limited to, storage at the affected or equal to the annual average batch include subsequent start-ups of an source or EPPU to which the records vent flow rate. Annual organic HAP affected source or portion thereof pertain, or storage in central files emissions and annual average batch following malfunctions or shutdowns or elsewhere at the major source. vent flow rate are determined at the exit following changes in product for Operating day means the period of the batch unit operation, as described flexible operation units or following defined by the owner or operator in the in § 62.488(a)(2). Annual organic HAP recharging of equipment in batch Notification of Compliance Status emissions are determined as specified in operation. Further, for purposes of required by § 63.506(e)(5). The operating § 63.488(b), and annual average batch § 63.502, initial start-up does not day is the period for which daily vent flow rate is determined as specified include subsequent start-ups of affected average monitoring values and batch in § 63.488(e). sources or portions thereof following cycle daily average monitoring values * * * * * malfunctions or process unit are determined. Group 1 continuous front-end process shutdowns. Organic hazardous air pollutant(s) vent means a continuous front-end * * * * * (organic HAP) means one or more of the process vent for which the flow rate is Maintenance wastewater is defined in chemicals listed in Table 5 of this greater than or equal to 0.005 standard § 63.101, except that the term subpart or any other chemical which: cubic meter per minute, the total ‘‘elastomer product process unit’’ shall (1) Is knowingly produced or organic HAP concentration is greater apply whenever the term ‘‘chemical introduced into the manufacturing than or equal to 50 parts per million by manufacturing process unit’’ is used. process other than as an impurity; and volume, and the total resource Further, the generation of wastewater (2) Is listed in Table 2 of subpart F of effectiveness index value, calculated from the routine rinsing or washing of this part. according to § 63.115, is less than or equipment in batch operation between Polybutadiene rubber by solution equal to 1.0. batches is not maintenance wastewater, means a polymer of 1,3-butadiene Group 2 continuous front-end process but is considered to be process produced using a solution process. vent means a continuous front-end wastewater, for the purposes of this * * * * * process vent for which the flow rate is subpart. Process unit means a collection of less than 0.005 standard cubic meter per Maximum true vapor pressure is equipment assembled and connected by minute, the total organic HAP defined in § 63.111, except that the hard-piping or duct work, used to concentration is less than 50 parts per terms ‘‘transfer’’ and ‘‘transferred’’ shall process raw materials and to million by volume, or the total resource not apply for the purposes of this manufacture a product. effectiveness index value, calculated subpart. Process vent means a gaseous according to § 63.115, is greater than Multicomponent system means, as emission stream from a unit operation 1.0. used in conjunction with batch front- that is discharged to the atmosphere * * * * * end process vents, a stream whose either directly or after passing through Group 1 wastewater stream means a liquid and/or vapor contains more than one or more control, recovery, or wastewater stream consisting of process one compound. recapture devices. Unit operations that wastewater from an existing or new * * * * * may have process vents are condensers, affected source that meets the criteria Net positive heating value means the distillation units, reactors, or other unit for Group 1 status in § 63.132(c), with difference between the heat value of the operations within the EPPU. Process

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11615 vents exclude pressure releases, gaseous (2) Examples of equipment that may subpart, or a storage vessel after streams routed to a fuel gas system(s), be recovery devices include absorbers, emptying and degassing. For both and leaks from equipment regulated carbon adsorbers, condensers, oil-water continuous and batch front-end under § 63.502. A gaseous emission separators or organic-water separators, processes, start-up includes initial start- stream is no longer considered to be a or organic removal devices such as up and operation solely for testing process vent after the stream has been decanters, strippers, or thin film equipment. For both continuous and controlled and monitored in accordance evaporation units. For the purposes of batch front-end processes, start-up does with the applicable provisions of this the monitoring, recordkeeping, or not include the recharging of equipment subpart. reporting requirements of this subpart, in batch operation. For continuous Product means a polymer produced recapture devices are considered front-end processes, start-up includes using the same monomers and varying recovery devices. transitional conditions due to changes in additives (e.g., initiators, terminators, Recovery operations equipment in product for flexible operation units. etc.); catalysts; or in the relative means the equipment used to separate For batch front-end processes, start-up proportions of monomers, that is the components of process streams. does not include transitional conditions manufactured by a process unit. With Recovery operations equipment due to changes in product for flexible respect to polymers, more than one includes distillation units, condensers, operation units. recipe may be used to produce the same etc. Equipment used for wastewater Steady-state conditions means that all product, and there can be more than one treatment and recovery or recapture variables (temperatures, pressures, grade of a product. As an example, devices used as control devices shall not volumes, flow rates, etc.) in a process do styrene butadiene latex and halobutyl be considered recovery operations not vary significantly with time; minor rubber each represent a different equipment. fluctuations about constant mean values product. Product also means a chemical Residual is defined in § 63.111, except may occur. that is not a polymer, that is that when the definition in § 63.111 Storage vessel means a tank or other manufactured by a process unit. By- uses the term ‘‘Table 9 compounds,’’ the vessel that is used to store liquids that products, isolated intermediates, term ‘‘organic HAP listed in Table 5 of contain one or more organic HAP. impurities, wastes, and trace subpart U of this part’’ shall apply, for Storage vessels do not include: contaminants are not considered the purposes of this subpart. (1) Vessels permanently attached to products. Resin, for the purposes of this subpart, motor vehicles such as trucks, railcars, Recipe means a specific composition, means a polymer with the following barges, or ships; from among the range of possible characteristics: (2) Pressure vessels designed to compositions that may occur within a (1) The polymer is a block polymer; operate in excess of 204.9 kilopascals product, as defined in this section. A (2) The manufactured polymer does and without emissions to the recipe is determined by the proportions not require vulcanization to make useful atmosphere; of monomers and, if present, other products; (3) Vessels with capacities smaller reactants and additives that are used to (3) The polymer production process is than 38 cubic meters; make the recipe. For example, styrene operated to achieve at least 99 percent (4) Vessels and equipment storing butadiene latex without additives; monomer conversion; and and/or handling material that contains styrene butadiene latex with an (4) The polymer process unit does not no organic HAP, or organic HAP as additive; and styrene butadiene latex recycle unreacted monomer back to the impurities only; with different proportions of styrene to process. (5) Surge control vessels and bottoms butadiene are all different recipes of the Shutdown means for purposes receivers; and same product, styrene butadiene latex. including, but not limited to, periodic (6) Wastewater storage tanks. Reconstruction means the maintenance, replacement of Stripper means a unit operation replacement of components of an equipment, or repair, the cessation of where stripping occurs. affected source or of a previously operation of an affected source, an EPPU Stripping means the removal of unaffected stationary source that within an affected source, a waste organic compounds from a raw becomes an affected source as a result management unit or unit operation elastomer product. In the production of of the replacement, to such an extent within an affected source, or equipment an elastomer, stripping is a discrete step that: required or used to comply with this that occurs after the reactors and before (1) The fixed capital cost of the new subpart, or the emptying or degassing of the dryers and other finishing components exceeds 50 percent of the a storage vessel. For purposes of the operations. Examples of types of fixed capital cost that would be required wastewater provisions of § 63.501, stripping include steam stripping, direct to construct a comparable new source; shutdown does not include the routine volatilization, chemical stripping, and and rinsing or washing of equipment in other methods of devolatilization. For (2) It is technologically and batch operation between batches. For the purposes of this subpart, economically feasible for the purposes of the batch front-end process devolatilization that occurs in dryers, reconstructed source to meet the vent provisions in §§ 63.486 through extruders, and other finishing provisions of this subpart. 63.492, the cessation of equipment in operations is not stripping. Recovery device means: batch operation is not a shutdown, * * * * * (1) An individual unit of equipment unless the equipment undergoes Styrene butadiene rubber by solution capable of and normally used for the maintenance, is replaced, or is repaired. means a polymer that consists primarily purpose of recovering chemicals for: * * * * * of styrene and butadiene monomer units (i) Use; Start-up means the setting into and is produced using a solution (ii) Reuse; operation of an affected source, an EPPU process. (iii) Fuel value (i.e., net heating within the affected source, a waste Suspension process means a value); or management unit or unit operation polymerization process where the (iv) For sale for use, reuse, or fuel within an affected source, or equipment monomer(s) is in a state of suspension, value (i.e., net heating value). required or used to comply with this with the help of suspending agents in a

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The resulting polymers streams, storage vessels, process specified in § 63.501, for closed vent are not soluble in the reactor medium. wastewater, and/or in-process systems for control of emissions from Total organic compounds (TOC) equipment subject to § 63.149) are in-process equipment subject to means those compounds, excluding combined, and at least one of the § 63.149, as specified in § 63.501, methane and ethane, measured emission streams would be classified as including applicable monitoring, according to the procedures of Method Group 1 in the absence of combination recordkeeping, and reporting; or 18 or Method 25A, 40 CFR part 60, with other emission streams, the owner (v) The requirements of this subpart appendix A. or operator of an affected source shall for aggregate batch vent streams, Total resource effectiveness index comply with the requirements of either including applicable monitoring, value or TRE index value means a paragraph (b)(1) or (b)(2) of this section, recordkeeping, and reporting. measure of the supplemental total as appropriate. For purposes of this (3) The owner or operator of an resource requirement per unit reduction paragraph (b), owners or operators of affected source with combined emission of organic HAP associated with a affected sources with combined streams containing one or more batch continuous front-end process vent emission streams containing one or front-end process vents, but not stream, based on vent stream flow rate, more batch front-end process vents and containing one or more continuous emission rate of organic HAP, net containing one or more continuous front-end process vents, shall comply heating value, and corrosion properties front-end process vents may comply with paragraphs (b)(3)(i) and (b)(3)(ii) of (whether or not the continuous front- with either paragraph (b)(1) or (b)(2) of this section. end process vent stream contains this section, as appropriate. For (i) The owner or operator of the halogenated compounds), as quantified purposes of this paragraph (b), owners affected source shall comply with by the equations given under § 63.115, or operators of affected sources with § 63.486 for the batch front-end process with the exceptions noted in § 63.485. combined emission streams containing vent stream(s). Vent stream, as used in reference to one or more batch front-end process (ii) The owner or operator of the batch front-end process vents, vents but not containing one or more affected source shall comply with either continuous front-end process vents, and continuous process vents shall comply paragraph (b)(1) or (b)(2) of this section, aggregate batch vent streams, means the with paragraph (b)(3) of this section. as appropriate, for the remaining emissions from one or more process (1) Comply with the applicable emission streams. vents. requirements of this subpart for each (c) Instead of complying with Waste management unit is defined in kind of emission in the stream as §§ 63.484, 63.485, 63.493, and 63.501, § 63.111, except that where the specified in paragraphs (a)(1) through the owner or operator of an existing definition in § 63.111 uses the term (a)(6) of this section. affected source may elect to control any or all of the storage vessels, continuous ‘‘chemical manufacturing process unit,’’ (2) Comply with the first set of front-end process vents, batch front-end the term ‘‘EPPU’’ shall apply for the requirements, identified in paragraphs process vents, aggregate batch vent purposes of this subpart. (b)(2)(i) through (b)(2)(v) of this section, streams, back-end process emissions, Wastewater means water that: which applies to any individual (1) Contains either: and wastewater streams and associated emission stream that is included in the (i) An annual average concentration of waste management units within the combined stream, where either that organic HAP listed in Table 5 of this affected source, to different levels using emission stream would be classified as subpart of at least 5 parts per million by an emissions averaging compliance Group 1 in the absence of combination weight and has an annual average flow approach that uses the procedures with other emission streams, or the rate of 0.02 liter per minute or greater; specified in § 63.503. The restrictions owner or operator chooses to consider or concerning which emission points may that emission stream to be Group 1 for (ii) An annual average concentration be included in an emissions average, purposes of this paragraph. Compliance of organic HAP listed on Table 5 of this including how many emission points with the first applicable set of subpart of at least 10,000 parts per may be included, are specified in requirements identified in paragraphs million by weight at any flow rate; and § 63.503(a)(1). An owner or operator (b)(2)(i) through (b)(2)(v) of this section (2) Is discarded from an EPPU that is electing to use emissions averaging shall constitutes compliance with all other part of an affected source. Wastewater is still comply with the provisions of requirements in paragraphs (b)(2)(i) process wastewater or maintenance §§ 63.484, 63.485, 63. 486, 63.493, and through (b)(2)(v) of this section wastewater. 63.501 for affected source emission applicable to other types of emissions in Wastewater stream means a stream points not included in the emissions the combined stream. that contains wastewater as defined in average. this section. (i) The requirements of this subpart (d) A State may decide not to allow 5. Section 63.483 is amended by for Group 1 continuous front-end the use of the emissions averaging revising paragraphs (a) introductory process vents, including applicable compliance approach specified in text, (b), and (c); and adding paragraph monitoring, recordkeeping, and paragraph (c) of this section. (d), to read as follows: reporting; 6. Section 63.484 is amended by (ii) The requirements of § 63.119(e), as § 63.483 Emission standards. revising paragraphs (a), (b)(2), (c) specified in § 63.484, for control of through (h), (i) introductory text, (i)(1), (a) Except as allowed under emissions from Group 1 storage vessels, and (j) through (q); and adding paragraphs (b) through (d) of this including applicable monitoring, paragraphs (r) and (s), to read as follows: section, the owner or operator of an recordkeeping, and reporting; existing or new affected source shall (iii) The requirements of § 63.139, as § 63.484 Storage vessel provisions. comply with the provisions in: specified in § 63.501, for control devices (a) This section applies to each * * * * * used to control emissions from waste storage vessel that is assigned to an (b) When emissions of different kinds management units, including applicable affected source, as determined by (i.e., emissions from continuous front- monitoring, recordkeeping, and § 63.480(g). Except for those storage end process vents, batch front-end reporting; vessels exempted by paragraph (b) of

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11617 this section, the owner or operator of ‘‘level,’’ shall apply instead, for the (s) In § 63.120(e)(1), instead of the affected sources shall comply with the purposes of this subpart. reference to § 63.11(b), the requirements requirements of §§ 63.119 through (k) For purposes of this subpart, the of § 63.504(c) shall apply. 63.123 and 63.148, with the differences monitoring plan required by 7. Section 63.485 is revised to read as noted in paragraphs (c) through (s) of § 63.120(d)(2) shall specify for which follows: this section, for the purposes of this control devices the owner or operator subpart. § 63.485 Continuous front-end process has selected to follow the procedures for vent provisions. (b) * * * continuous monitoring specified in (2) Storage vessels containing latex § 63.505. For those control devices for (a) For each continuous front-end products other than styrene-butadiene which the owner or operator has process vent located at an affected latex, located downstream of the selected to not follow the procedures for source, the owner or operator shall stripping operations; continuous monitoring specified in comply with the requirements of * * * * * § 63.505, the monitoring plan shall §§ 63.113 through 63.118, except as (c) When the term ‘‘storage vessel’’ is include a description of the parameter provided for in paragraphs (b) through used in §§ 63.119 through 63.123, the or parameters to be monitored to ensure (u) of this section. The owner or definition of this term in § 63.482 shall that the control device is being properly operator of continuous front-end apply for the purposes of this subpart. operated and maintained, an process vents that are combined with (d) When the term ‘‘Group 1 storage explanation of the criteria used for one or more batch front-end process vessel’’ is used in §§ 63.119 through selection of that parameter (or vents shall comply with paragraph (o) or 63.123, the definition of this term in parameters), and the frequency with (p) of this section. (b) When the term ‘‘process vent’’ is § 63.482 shall apply for the purposes of which monitoring will be performed used in §§ 63.113 through 63.118, the this subpart. (e.g., when the liquid level in the term ‘‘continuous front-end process (e) When the term ‘‘Group 2 storage storage vessel is being raised), as vent,’’ and the definition of this term in vessel’’ is used in §§ 63.119 through specified in § 63.120(d)(2)(i). 63.123, the definition of this term in § 63.482 shall apply for the purposes of (l) For purposes of this subpart, the § 63.482 shall apply for the purposes of this subpart. monitoring plan required by § 63.122(b) this subpart. (c) When the term ‘‘halogenated (f) When the emissions averaging shall be included in the Notification of process vent’’ is used in §§ 63.113 provisions of § 63.150 are referred to in Compliance Status required by through 63.118, the term ‘‘halogenated § 63.119 and § 63.123, the emissions § 63.506(e)(5). continuous front-end process vent,’’ and averaging provisions contained in (m) When the Notification of the definition of this term in § 63.482 § 63.503 shall apply for the purposes of Compliance Status requirements shall apply for the purposes of this this subpart. contained in § 63.152(b) are referred to subpart. (g) When December 31, 1992 is in §§ 63.120, 63.122, and 63.123, the (d) When the term ‘‘Group 1 process referred to in § 63.119, June 12, 1995 Notification of Compliance Status vent’’ is used in §§ 63.113 through shall apply instead, for the purposes of requirements contained in § 63.506(e)(5) 63.118, the term ‘‘Group 1 continuous this subpart. shall apply for the purposes of this front-end process vent,’’ and the (h) When April 22, 1994 is referred to subpart. definition of this term in § 63.482 shall in § 63.119, September 5, 1996 shall (n) When the Periodic Report apply for the purposes of this subpart. apply instead, for the purposes of this requirements contained in § 63.152(c) (e) When the term ‘‘Group 2 process subpart. are referred to in §§ 63.120, 63.122, and vent’’ is used in §§ 63.113 through (i) The owner or operator of an 63.123, the Periodic Report 63.118, the term ‘‘Group 2 continuous affected source shall comply with this requirements contained in § 63.506(e)(6) front-end process vent,’’ and the paragraph instead of § 63.120(d)(1)(ii) shall apply for the purposes of this definition of this term in § 63.482 shall for the purposes of this subpart. If the subpart. apply for the purposes of this subpart. control device used to comply with (o) When other reports as required in (f) When December 31, 1992 (i.e., the § 63.119(e) is also used to comply with § 63.152(d) are referred to in § 63.122, proposal date for subpart G of this part) any of the requirements found in the reporting requirements contained in is referred to in § 63.113, June 12, 1995 §§ 63.485 through 63.501, the § 63.506(e)(7) shall apply for the shall instead apply, for the purposes of performance test required in or accepted purposes of this subpart. this subpart. by the applicable requirements in (p) When the Initial Notification (g) When §§ 63.151(f), alternative §§ 63.485 through 63.501 is acceptable requirements contained in § 63.151(b) monitoring parameters, and 63.152(e), for demonstrating compliance with are referred to in §§ 63.119 through submission of an operating permit, are § 63.119(e), for the purposes of this 63.123, for the purposes of this subpart referred to in §§ 63.114(c) and 63.117(e), subpart. The owner or operator will not the owner or operator of an affected 63.506(f), alternative monitoring be required to prepare a design source need not comply. parameters, and § 63.506(e)(8), evaluation for the control device as (q) When the determination of submission of an operating permit, described in § 63.120(d)(1)(i), if the equivalence criteria in § 63.102(b) are respectively, shall apply for the performance test meets the criteria referred to in § 63.121(a), the provisions purposes of this subpart. specified in paragraphs (i)(1) and (i)(2) in § 63.6(g) shall apply for the purposes (h) When the Notification of of this section. of this subpart. Compliance Status requirements (1) The performance test demonstrates (r) When § 63.119(a) requires contained in § 63.152(b) are referred to that the control device achieves greater compliance according to the schedule in §§ 63.114, 63.117, and 63.118, the than or equal to the required control provisions in § 63.100, owners and Notification of Compliance Status efficiency specified in § 63.119(e)(1) or operators of affected sources shall requirements contained in § 63.506(e)(5) § 63.119(e)(2), as applicable; and instead comply with the requirements shall apply for the purposes of this * * * * * in §§ 63.119(a)(1) through 63.119(a)(4) subpart. (j) When the term ‘‘operating range’’ is by the compliance date for storage (i) When the Periodic Report used in § 63.120(d)(3)(i), the term vessels, which is specified in § 63.481. requirements contained in § 63.152(c)

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11618 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules are referred to in §§ 63.117 and 63.118, process vent with a flow rate less than vent, the owner or operator of the the Periodic Report requirements 0.005 standard cubic meter per minute affected source containing the combined contained in § 63.506(e)(6) shall apply (scmm) to become a Group 2 continuous vent stream shall comply with for the purposes of this subpart. front-end process vent with a flow rate paragraph (o)(1); with paragraph (o)(2) (j) When the definition of excursion in of 0.005 scmm or greater and a TRE and with paragraph (o)(3) or (o)(4); or § 63.152(c)(2)(ii)(A) is referred to in index value less than or equal to 4.0, the with paragraph (o)(5) of this section, as § 63.118(f)(2), the definition of owner or operator shall submit a report appropriate. excursion in § 63.505(g) and (h) shall within 180 days after the process change (1) If a batch front-end process vent or apply for the purposes of this subpart. is made or with the next Periodic aggregate batch vent stream is combined (k) When § 63.114(e) specifies that an Report, whichever is later. A description with a Group 1 continuous front-end owner or operator shall submit the of the process change shall be submitted process vent prior to the combined vent information required in § 63.152(b) in with the report of the process change, stream being routed to a control device, order to establish the parameter and the owner or operator shall comply the owner or operator of the affected monitoring range, the owner or operator with the provisions in § 63.113(d) by the source containing the combined vent of an affected source shall comply with dates specified in § 63.481. stream shall comply with the the provisions of § 63.505 for (4) Whenever a process change, as requirements in paragraph (o)(1)(i) or establishing the parameter monitoring defined in § 63.115(e), is made that (o)(1)(ii) of this section. level and shall comply with causes a Group 2 continuous front-end (i) All requirements for a Group 1 § 63.506(e)(5) for the purposes of process vent with an organic HAP process vent stream in §§ 63.113 reporting information related to the concentration less than 50 parts per through 63.118, except as otherwise establishment of the parameter million by volume (ppmv) to become a provided in this section. As specified in monitoring level, for the purposes of Group 2 continuous front-end process § 63.504(a)(1), performance tests shall be this subpart. Further, the term ‘‘level’’ vent with an organic HAP concentration conducted at maximum representative shall apply whenever the term ‘‘range’’ of 50 ppmv or greater and a TRE index operating conditions. For the purpose of is used in §§ 63.114, 63.117, and 63.118. value less than or equal to 4.0, the conducting a performance test on a (l) When reports of process changes owner or operator shall submit a report combined vent stream, maximum are required under § 63.118(g), (h), (i), or within 180 days after the process change representative operating conditions (j), paragraphs (l)(1) through (l)(4) of this is made or with the next Periodic shall be when batch emission episodes section shall apply for the purposes of Report, whichever is later. A description are occurring that result in the highest this subpart. In addition, for the of the process change shall be submitted purposes of this subpart paragraph (l)(5) organic HAP emission rate (for the with the report of the process change, combined vent stream) that is of this section applies, and § 63.118(k) and the owner or operator shall comply does not apply to owners or operators of achievable during one of the periods with the provisions in § 63.113(d) by the listed in § 63.504(a)(1)(i) or affected sources. dates specified in § 63.481. (1) For the purposes of this subpart, § 63.504(a)(1)(ii), without causing any of (5) The owner or operator is not the situations described in paragraphs whenever a process change, as defined required to submit a report of a process in § 63.115(e), is made that causes a (o)(1)(i)(A) through (o)(1)(i)(C) to occur. change if one of the conditions listed in (A) Causing damage to equipment; Group 2 continuous front-end process paragraphs (l)(5)(i), (l)(5)(ii), (l)(5)(iii), or vent to become a Group 1 continuous (B) Necessitating that the owner or (l)(5)(iv) of this section is met. operator make product that does not front-end process vent, the owner or (i) The change does not meet the operator shall submit a report within meet an existing specification for sale to description of a process change in a customer; or 180 days after the process change is § 63.115(e); (C) Necessitating that the owner or made or with the next Periodic Report, (ii) The vent stream flow rate is operator make product in excess of whichever is later. A description of the recalculated according to § 63.115(e) demand. process change shall be submitted with and the recalculated value is less than the report of the process change, and the 0.005 standard cubic meter per minute; (ii) Comply with the provisions in owner or operator of the affected source (iii) The organic HAP concentration of § 63.483(b)(1), as allowed under shall comply with the Group 1 the vent stream is recalculated § 63.483(b). provisions in §§ 63.113 through 63.118 according to § 63.115(e) and the (2) If a batch front-end process vent or in accordance with § 63.480(i)(2)(ii). recalculated value is less than 50 parts aggregate batch vent stream is combined (2) Whenever a process change, as per million by volume; or with a continuous front-end process defined in § 63.115(e), is made that (iv) The TRE index value is vent prior to the combined vent stream causes a Group 2 continuous front-end recalculated according to § 63.115(e) being routed to a recovery device, the process vent with a TRE greater than 4.0 and the recalculated value is greater TRE index value for the combined vent to become a Group 2 continuous front- than 4.0. stream shall be calculated at the exit of end process vent with a TRE less than (m) When § 63.118 (periodic reporting the last recovery device. The TRE shall 4.0, the owner or operator shall submit and recordkeeping requirements) refers be calculated during periods when one a report within 180 days after the to § 63.152(f), the recordkeeping or more batch emission episodes are process change is made or with the next requirements in § 63.506(d) shall apply occurring that result in the highest Periodic Report, whichever is later. A for the purposes of this subpart. organic HAP emission rate (in the description of the process change shall (n) When §§ 63.115 and 63.116 refer combined vent stream that is being be submitted with the report of the to Table 2 of subpart F of this part, the routed to the recovery device) that is process change, and the owner or owner or operator is only required to achievable during the 6-month period operator shall comply with the consider organic HAP listed on Table 5 that begins 3 months before and ends 3 provisions in § 63.113(d) by the dates of this subpart, for the purposes of this months after the TRE calculation, specified in § 63.481. subpart. without causing any of the situations (3) Whenever a process change, as (o) If a batch front-end process vent or described in paragraphs (o)(2)(i) through defined in § 63.115(e), is made that aggregate batch vent stream is combined (o)(2)(iii) to occur. causes a Group 2 continuous front-end with a continuous front-end process (i) Causing damage to equipment;

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(ii) Necessitating that the owner or conducted through the same final exempt from § 63.113(a)(1)(ii) and operator make product that does not recovery device as any continuous front- § 63.113(c). meet an existing specification for sale to end process vent stream subject to this (i) If the halogenated continuous a customer; or subpart, the combined vent stream shall front-end process vent stream was (iii) Necessitating that the owner or comply with all requirements in controlled by a combustion device prior operator make product in excess of §§ 63.113 through 63.118, except as to June 12, 1995; and demand. otherwise provided in this section, as (ii) If the requirements of (3) If the combined vent stream applicable. § 63.113(a)(2); § 63.113(a)(3); § 63.113(b) described in paragraph (o)(2) of this (1) Instead of measuring the vent and the associated testing requirements section meets the requirements in stream flow rate at the sampling site in § 63.116; or § 63.11(b) and § 63.504(c) paragraphs (o)(3)(i), (o)(3)(ii), and specified in § 63.115(b)(1), the sampling are met. (o)(3)(iii) of this section, the combined site for vent stream flow rate shall be (2) Group 1 halogenated continuous vent stream shall be subject to the prior to the final recovery device and front-end process vents at new and requirements for Group 1 process vents prior to the point at which the gas existing affected sources producing an in §§ 63.113 through 63.118, except as stream that is not controlled under this elastomer using a gas-phased reaction otherwise provided in this section, as subpart is introduced into the combined process, provided that the requirements applicable. Performance tests for the vent stream. of § 63.113(a)(2); § 63.113(a)(3); combined vent stream shall be (2) Instead of measuring total organic § 63.113(b) and the associated testing conducted at maximum representative HAP or TOC concentrations at the requirements in § 63.116; or § 63.11(b) operating conditions, as described in sampling site specified in § 63.115(c)(1), and § 63.504(c) are met. paragraph (o)(1) of this section. the sampling site for total organic HAP (r) The compliance date for (i) The TRE index value of the or TOC concentration shall be prior to continuous front-end process vents combined stream is less than or equal to the final recovery device and prior to subject to the provisions of this section 1.0; the point at which the gas stream that is specified in § 63.481. (ii) The flow rate of the combined is not controlled under this subpart is (s) Internal combustion engines. In vent stream is greater than or equal to introduced into the combined vent addition to the three options for the 0.005 standard cubic meter per minute; stream. control of a Group 1 continuous front- end process vent listed in § 63.113(a)(1) and (3) The efficiency of the final recovery through (3), an owner or operator will (iii) The total organic HAP device (determined according to be permitted to route emissions of concentration is greater than or equal to paragraph (p)(4) of this section) shall be organic HAP to an internal combustion 50 parts per million by volume for the applied to the total organic HAP or TOC engine, provided the conditions listed combined vent stream. concentration measured at the sampling (4) If the combined vent stream in paragraphs (s)(1) through (s)(5) of this site described in paragraph (p)(2) of this described in paragraph (o)(2) of this section are met. section to determine the exit section meets the requirements in (1) The vent stream routed to the concentration. This exit concentration paragraph (o)(4)(i), (ii), or (iii) of this internal combustion engine shall not be of total organic HAP or TOC shall then section, the combined vent stream shall a halogenated continuous front-end be used to perform the calculations be subject to the requirements for Group process vent stream. outlined in § 63.115(d)(2)(iii) and 2 process vents in §§ 63.113 through (2) The organic HAP is introduced § 63.115(d)(2)(iv), for the combined vent 63.118, except as otherwise provided in with the primary fuel. stream exiting the final recovery device. this section, as applicable. (3) The internal combustion engine is (i) The TRE index value of the (4) The efficiency of the final recovery operating at all times that organic HAP combined vent stream is greater than device is determined by measuring the emissions are being routed to it. The 1.0; total organic HAP or TOC concentration owner or operator shall demonstrate (ii) The flow rate of the combined using Method 18 or 25A, 40 CFR part that the internal combustion engine is vent stream is less than 0.005 standard 60, appendix A, at the inlet to the final operating by continuously monitoring cubic meter per minute; or recovery device after the introduction of the on/off status of the internal (iii) The total organic HAP any gas stream that is not controlled combustion engine. concentration is less than 50 parts per under this subpart, and at the outlet of (4) The owner or operator shall million by volume for the combined the final recovery device. maintain hourly records verifying that vent stream. (q) Group 1 halogenated continuous the internal combustion engine was (5) If a batch front-end process vent or front-end process vents described in operating at all times that emissions aggregate batch vent stream is combined either paragraph (q)(1) or (q)(2) of this were routed to it. with a Group 2 continuous front-end section are exempt from the (5) The owner or operator shall process vent, the owner or operator requirements to control hydrogen include in the Periodic Report a report shall comply with the requirements in halides and halogens from the outlet of of all times that the internal combustion either paragraph (o)(5)(i) or (o)(5)(ii) of combustion devices contained in engine was not operating while this section. § 63.113(a)(1)(ii) and § 63.113(c). emissions were being routed to it. (i) The owner or operator shall (1) Group 1 halogenated continuous (6) If an internal combustion engine comply with the requirements in front-end process vents at existing meeting the requirements of paragraphs §§ 63.113 through 63.118 for Group 1 affected sources producing butyl rubber, (s)(1) through (5) of this section is used process vents; or halobutyl rubber, or ethylene propylene to comply with the provisions of (ii) The owner or operator shall rubber using a solution process, if the § 63.113(a), the internal combustion comply with § 63.487(e)(2) for batch conditions in (q)(1)(i) and (ii) are met. engine is exempt from the source testing front-end process vents and aggregate Group 1 halogenated continuous front- requirements of § 63.116. batch vent streams. end process vents at new affected (t) When the provisions of (p) If any gas stream that originates sources producing butyl rubber, § 63.116(c)(3) and (c)(4) specify that outside of an affected source that is halobutyl rubber, or ethylene propylene Method 18, 40 CFR part 60, appendix A subject to this subpart is normally rubber using a solution process are not shall be used, Method 18 or Method

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25A, 40 CFR part 60, appendix A may (g); and adding paragraph (h), to read as (e) Combination of batch front-end be used for the purposes of this subpart. follows: process vents or aggregate batch vent The use of Method 25A, 40 CFR part 60, streams with continuous front-end appendix A shall conform with the § 63.487 Batch front-end process ventsÐ process vents. If a batch front-end reference control technology. requirements in paragraphs (t)(1) and process vent or aggregate batch vent (t)(2) of this section. (a) Batch front-end process vents. The stream is combined with a continuous (1) The organic HAP used as the owner or operator of an affected source front-end process vent, the owner or calibration gas for Method 25A, 40 CFR with a Group 1 batch front-end process operator shall determine whether the part 60, appendix A shall be the single vent, as determined using the combined vent stream is subject to the organic HAP representing the largest procedures in § 63.488, shall comply provisions of § 63.486 through 63.492 percent by volume of the emissions. with the requirements of either according to paragraphs (e)(1) and (e)(2) paragraph (a)(1) or (a)(2) of this section. (2) The use of Method 25A, 40 CFR of this section. Compliance may be based on either part 60, appendix A is acceptable if the (1) A batch front-end process vent or organic HAP or TOC. response from the high-level calibration aggregate batch vent stream combined (1) * * * gas is at least 20 times the standard with a continuous front-end process (i) The owner or operator of the deviation of the response from the zero vent stream is not subject to the affected source shall comply with the calibration gas when the instrument is provisions of § 63.486 through 63.492, if requirements of § 63.504(c) for the flare. zeroed on the most sensitive scale. the requirements in paragraph (e)(1)(i) and in either paragraph (e)(1)(ii) or (u) In § 63.116(a), instead of the * * * * * (b) Aggregate batch vent streams. The (e)(1)(iii) are met. reference to § 63.11(b), the requirements (i) The only emissions to the in § 63.504(c) shall apply. owner or operator of an aggregate batch vent stream that contains one or more atmosphere from the batch front-end 8. Section 63.486 is revised to read as process vent or aggregate batch vent follows: Group 1 batch front-end process vents shall comply with the requirements of stream prior to being combined with the § 63.486 Batch front-end process vent either paragraph (b)(1) or (b)(2) of this continuous front-end process vent are provisions. section. Compliance may be based on from equipment subject to § 63.502. (ii) The batch front-end vent stream or (a) Batch front-end process vents. either organic HAP or TOC. aggregate batch vent stream is combined Except as specified in paragraph (b) of (1) * * * (i) The owner or operator of the with a Group 1 continuous front-end this section, owners and operators of process vent stream prior to the new and existing affected sources with affected source shall comply with the requirements of § 63.504(c) for the flare. combined vent stream being routed to a batch front-end process vents shall control device. In this paragraph comply with the requirements in * * * * * (e)(1)(ii), the definition of control device §§ 63.487 through 63.492. The batch (2) For each aggregate batch vent as it relates to continuous front-end front-end process vent group status shall stream, reduce organic HAP emissions process vents shall be used. be determined in accordance with by 90 weight percent or to a Furthermore, the combined vent stream § 63.488. Owners or operators of concentration of 20 parts per million by discussed in this paragraph (e)(1)(ii) affected sources with batch front-end volume, whichever is less stringent, on shall be subject to § 63.485(o)(1). process vents classified as Group 1 shall a continuous basis using a control (iii) The batch front-end process vent comply with the reference control device. For combustion devices, the or aggregate batch vent stream is technology requirements for Group 1 emission reduction or concentration combined with a continuous front-end batch front-end process vents in shall be calculated on a dry basis, process vent stream prior to being § 63.487, the monitoring requirements corrected to 3 percent oxygen. routed to a recovery device. In this in § 63.489, the performance test (c) * * * paragraph (e)(1)(iii), the definition of methods and procedures to determine (1) If a combustion device is used to recovery device as it relates to compliance in § 63.490, the comply with paragraph (a)(2) or (b)(2) of continuous front-end process vents shall recordkeeping requirements in § 63.491, this section for a halogenated batch be used. Furthermore, the combined and the reporting requirements in front-end process vent or halogenated vent stream discussed in this paragraph § 63.492. Owners and operators of all aggregate batch vent stream, the (e)(1)(iii) shall be subject to Group 2 batch front-end process vents emissions exiting the combustion device § 63.485(o)(2). shall comply with the applicable shall be ducted to a halogen reduction (2) If the batch front-end process vent reference control technology device that reduces overall emissions of or aggregate batch vent stream is requirements in § 63.487, the applicable hydrogen halides and halogens by at combined with a Group 2 continuous recordkeeping requirements in § 63.491, least 99 percent before discharge to the front-end process vent, the group status and the applicable reporting atmosphere. of the batch front-end process vent shall requirements in § 63.492. (2) A halogen reduction device may be determined prior to its combination (b) Aggregate batch vent streams. be used to reduce the halogen atom with the Group 2 continuous front-end Aggregate batch vent streams, as defined mass emission rate to less than 3,750 kg/ process vent, in accordance with in § 63.482, are subject to the control yr for batch front-end process vents or § 63.488, and the combined vent stream requirements specified in § 63.487(b), as aggregate batch vent streams and thus shall be subject to the requirements for well as the monitoring, testing, make the batch front-end process vent aggregate batch vent streams in § 63.486 recordkeeping, and reporting or aggregate batch vent stream through 63.492. requirements specified in §§ 63.489 nonhalogenated. The nonhalogenated (f) Group 2 batch front-end process through 63.492 for aggregate batch vent batch front-end process vent or vents with annual emissions greater streams. aggregate batch vent stream shall then than or equal to the level specified in 9. Section 63.487 is amended by comply with the requirements of either § 63.488(d). The owner or operator of a revising paragraphs (a) introductory paragraph (a) or (b) of this section, as Group 2 batch front-end process vent text, (a)(1)(i), (b) introductory text, appropriate. with annual emissions greater than or (b)(1)(i), (b)(2), (c)(1), (c)(2), (e), (f), and * * * * * equal to the level specified in

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§ 63.488(d) shall comply with the § 63.488(i) when process changes are highest-HAP recipe, as defined in provisions of paragraph (f)(1), (f)(2), or made. paragraph (a)(1)(iii) of this section, (h) of this section. (2) Comply with the requirements of considering all products produced or (1) The owner or operator shall paragraph (f)(1) of this section; processed in the batch unit operation. comply with the requirements in (3) Comply with the requirements of The annualized production of the paragraphs (f)(1)(i) through (f)(1)(iv) of paragraph (f)(2) of this section; or highest-HAP recipe shall be based this section. (4) Comply with the requirements of exclusively on the production of the (i) The owner or operator shall paragraph (h) of this section. single highest-HAP recipe of all establish a batch mass input limitation (h) Owners or operators of Group 2 products produced or processed in the that ensures that the Group 2 batch batch front-end process vents are not batch unit operation for a 12 month front-end process vent does not become required to establish a batch mass input period. The production level used may a Group 1 batch front-end process vent. limitation if the batch front-end process be the actual production rate. It is not (ii) Over the course of the affected vent is Group 2 at the conditions necessary to assume a maximum source’s ‘‘year,’’ as reported in the specified in paragraphs (h)(1) and (h)(2) production rate (i.e., 8,760 hours per Notification of Compliance Status in of this section and if the owner or year at maximum design production). accordance with § 63.506(e)(5)(iv), the operator complies with the owner or operator shall not charge a recordkeeping provisions in (iii) The single highest-HAP recipe for mass of HAP or material to the batch §§ 63.491(a)(1) through (3), 63.491(a)(9), a product means the recipe of the unit operation that is greater than the and 63.491(a)(4) through (6) as product with the highest total mass of level established as the batch mass applicable, and the reporting HAP charged to the reactor during the input limitation. requirements in § 63.492(a)(5) and (6) production of a single batch of product. (iii) The owner or operator of an and (b). * * * * * affected source shall comply with the (1) Emissions for the single highest- (b) Determination of annual recordkeeping requirements in HAP recipe (considering all products emissions. The owner or operator shall § 63.491(d)(2), and the reporting that are produced in the batch unit calculate annual uncontrolled TOC or requirements in § 63.492(a)(3), (b) and operation) are used in the group organic HAP emissions for each batch (c). determination; and front-end process vent using the (iv) The owner or operator of an (2) The group determination assumes methods described in paragraphs (b)(1) affected source shall comply with that the batch unit operation is through (b)(8) of this section. To § 63.488(i) when process changes are operating at the maximum design estimate emissions from a batch made. capacity of the EPPU for 12 months. (2) Comply with the requirements of emissions episode, owners or operators 10. Section 63.488 is amended by: may use either the emissions estimation this subpart for Group 1 batch front-end a. Revising paragraphs (a)(1), (b) equations in paragraphs (b)(1) through process vents. introductory text, (b)(1), (b)(2), (b)(3), (b)(4) of this section, or direct (g) Group 2 batch front-end process (b)(4)(i), (b)(4)(ii)(B)(1), (b)(4)(iii), (b)(5) measurement as specified in paragraph vents with annual emissions less than introductory text, (b)(5)(i), through (iv), (b)(5) of this section. Engineering the level specified in § 63.488(d). The (b)(5)(v) introductory text, (b)(5)(v)(A), assessment may also be used to estimate owner or operator of a Group 2 batch (b)(6), (d), (e) introductory text, (e)(1) emissions from a batch emission front-end process vent with annual introductory text, (e)(1)(i), (e)(1)(iii), episode, but only under the conditions organic HAP emissions less than the (e)(2), (e)(3), (g), (h)(1) introductory text, described in paragraph (b)(6) of this level specified in § 63.488(d), shall (h)(1)(iii), (h)(1)(iv), (h)(2) and (i), and section. In using the emissions comply with paragraph (g)(1), (g)(2), b. Adding paragraph (b)(9), to read as estimation equations in paragraphs (g)(3), or (g)(4) of this section. follows: (1) The owner or operator of the (b)(1) through (b)(4) of this section, affected source shall comply with the § 63.488 Methods and procedures for individual component vapor pressure requirements in paragraphs (g)(1)(i) batch front-end process vent group and molecular weight may be obtained through (g)(1)(iv) of this section. determination. from standard references. Methods to (i) The owner or operator shall (a) * * * determine individual HAP partial establish a batch mass input limitation (1) The procedures specified in pressures in multicomponent systems that ensures emissions do not exceed paragraphs (b) through (g) shall be are described in paragraph (b)(9) of this the appropriate level specified in followed to determine the group status section. Other variables in the emissions § 63.488(d). of each batch front-end process vent. estimation equations may be obtained (ii) Over the course of the affected This determination shall be made in through direct measurement, as defined source’s ‘‘year,’’ as reported in the accordance with either paragraph in paragraph (b)(5) of this section, Notification of Compliance Status in (a)(1)(i) or (a)(1)(ii) of this section. through engineering assessment, as accordance with § 63.506(e)(5)(iv), the (i) An owner or operator may choose defined in paragraph (b)(6)(ii) of this owner or operator shall not charge a to determine the group status of a batch section, by process knowledge, or by mass of HAP or material to the batch front-end process vent based on the any other appropriate means. unit operation that is greater than the expected mix of products. For each Assumptions used in determining these level established as the batch mass product, emission characteristics of the variables must be documented. Once input limitation. single highest-HAP recipe, as defined in emissions for the batch emission (iii) The owner or operator of the paragraph (a)(1)(iii) of this section, for episode have been determined using affected source shall coply with the that product, shall be used in the either the emissions estimation recordkeeping requirements in procedures in paragraphs (b) through (i) equations, direct measurement, or § 63.491(d)(1), and the reporting of this section. engineering assessment, emissions from requirements in § 63.492(a)(2), (b), and (ii) An owner or operator may choose a batch cycle shall be calculated in (c). to determine the group status of a batch accordance with paragraph (b)(7) of this (iv) The owner or operator of the front-end process vent based on section, and annual emissions from the affected source shall comply with annualized production of the single batch front-end process vent shall be

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11622 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules calculated in accordance with paragraph evaporation of any residual liquid in the (3) Emissions from vapor (b)(8) of this section. vessel. displacement due to transfer of material (1) TOC or organic HAP emissions (2) TOC or organic HAP emissions into or out of a vessel shall be calculated from the purging of an empty vessel from the purging of a filled vessel shall using Equation 3. shall be calculated using Equation 1. be calculated using Equation 2. This equation does not take into account

()y()() V P() MW E = WAVG []Eq. 3 episode RT where: R = Ideal gas constant, 8.314 m3 •kPa/ (A) Emissions caused by heating of a •° Eepisode = Emissions, kg/episode. kmol K. vessel shall be calculated using ° y = Saturated mole fraction of all TOC or T = Temperature of vessel vapor space, K. Equation 4. The assumptions made for organic HAP in vapor phase. (4) * * * this calculation are atmospheric V = Volume of gas displaced from the vessel, (i) If the final temperature to which 3 pressure of 760 mm Hg and the m . the vessel contents is heated is lower P = Pressure of vessel vapor space, kPa. displaced gas is always saturated with than 50 K below the boiling point of the MWWAVG = Weighted average molecular VOC vapor in equilibrium with the weight of TOC or organic HAP in vapor, HAP in the vessel, then emissions shall liquid mixture. determined in accordance with be calculated using the equations in paragraph (b)(4)(i)(D) of this section, kg/ paragraphs (b)(4)(i)(A) through kmol. (b)(4)(i)(D) of this section.

 n n   ∑()Pi ∑()Pi  T1 T2  i=1 + i=1   n n  101325..− ∑()P 101325 − ∑()P  i T1 i T2  +   = =  ()MWWAVG,, T1() MW WAVG T 2 E = i 1 i 1 ∗()∆η   [.Eq 4] episode  2  2              where: (B) The moles of gas displaced, ∆η, is n Pa = 101325. − ∑() P [Eq. 6] Eepisode = Emissions, kg/episode. calculated using equation 5. i T = (Pi)T1, (Pi)T2 = Partial pressure (kPa) TOC or i 1 each organic HAP in the vessel V  Pa   Pa  where: headspace at initial (T1) and final (T2) ∆η = fs  1  −  2  [Eq. 5]     Pa = Initial or final partial pressure of temperature. R  T1 T2  noncondensible gas in the vessel n = Number of organic HAP in stream. Note: where: headspace, kPa. Summation is not applicable if TOC ∆η 101.325 = Constant, kPa. emissions are being estimated. = Number of kg-moles of gas displaced. 3 (Pi)T = Partial pressure of TOC or each Vfs = Volume of free space in the vessel, m . ∆η = Number of kilogram-moles (kg-moles) of organic HAP i in the vessel headspace, R = Ideal gas constant, 8.314 m3•kPa/kmol•K. gas displaced, determined in accordance kPa, at the initial or final temperature (T1 Pa1 = Initial noncondensible gas partial with paragraph (b)(4)(i)(B) of this pressure in the vessel, kPa. or T2). section. n = Number of organic HAP in stream. Note: Pa2 = Final noncondensible gas partial 101.325 = Constant, kPa. pressure, kPa. Summation is not applicable if TOC (MWWAVG,T1), (MWWAVG,T2) = Weighted emissions are being estimated. T1 = Initial temperature of vessel, K. average molecular weight of TOC or total T2 = Final temperature of vessel, K. organic HAP in the displaced gas stream, (D) The weighted average molecular determined in accordance with (C) The initial and final pressure of weight of TOC or organic HAP in the paragraph (b)(4)(i)(D) of this section. the noncondensible gas in the vessel displaced gas, MWWAVG’ shall be shall be calculated using equation 6. calculated using equation 7:

n () () ∑ mass of C i molecular weight of C i = i=1 MWWAVG n [Eq. 7] () ∑ mass of C i i=1

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4701 Sfmt 4725 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11623 where: temperature for the heatup, even if the contents to the temperature of the gas c = TOC or organic HAP component last increment is less than 5 K. exiting the condenser, and Equation 3, n = Number of TOC or organic HAP * * * * * which calculates emissions due to the components in stream. (iii) If the vessel is operating with a displacement of the remaining saturated noncondensible gas in the vessel. The (ii) * * * condenser, and the vessel contents are heated to the boiling point, the primary final temperature in Equation 4 shall be (B) * * * condenser is considered part of the set equal to the exit gas temperature of (1) If the final temperature of the process, as described in § 63.488(a)(2). the condenser. Equation 3 shall be used heatup is at or lower than 5 K below the Emissions shall be calculated as the sum as written below in Equation 3a, using boiling point, the final temperature for of Equation 4, which calculates free space volume, and T2 is set equal the last increment shall be the final emissions due to heating the vessel to the condenser exit gas temperature.

()y() V() P() MW = i fs T wavg Eepisode [.Eq 3a] ()R (T) where: profile for the entire batch emission (iii) Method 18 or Method 25A, of 40 Eepisode = Emissions, kg/episode. episode, based on either process CFR part 60, appendix A, shall be used yi = Saturated mole fraction of all TOC or knowledge or test data collected, to to determine the concentration of TOC organic HAP in the vapor phase. demonstrate that test periods are or organic HAP, as appropriate. The use Vfs = Volume of the free space in the vessel, 3 representative. Examples of information of Method 25A, 40 CFR part 60, m . that could constitute process knowledge PT = Pressure of the vessel vapor space, kPa. appendix A shall conform with the include calculations based on material MWWAVG = Weighted average molecular requirements in paragraphs (b)(5)(iii)(A) weight of TOC or organic HAP in vapor, balances and process stoichiometry. and (b)(5)(iii)(B) of this section. Previous test results may be used determined in accordance with (A) The organic HAP used as the paragraph (b)(4)(i)(D) of this section. provided the results are still relevant to R = Ideal gas constant, 8.314 m3•kPa/kmol•K. the current batch front-end process vent calibration gas for Method 25A, 40 CFR T = Temperature of condenser exit stream K. conditions. Performance tests shall part 60, appendix A shall be the single follow the procedures specified in organic HAP representing the largest (5) The owner or operator may paragraphs (b)(5)(i) through (b)(5)(iii) of percent by volume of the emissions. estimate annual emissions for a batch this section. The procedures in either (B) The use of Method 25A, 40 CFR emission episode by direct paragraph (b)(5)(iv) or (b)(5)(v) of this part 60, appendix A is acceptable if the measurement. If direct measurement is section shall be used to calculate the response from the high-level calibration used, the owner or operator shall either emissions per batch emission episode. gas is at least 20 times the standard perform a test for the duration of a (i) Method 1 or 1A, 40 CFR part 60, deviation of the response from the zero representative batch emission episode appendix A, as appropriate, shall be or perform a test during only those used for selection of the sampling sites calibration gas when the instrument is periods of the batch emission episode if the flow measuring device is a pitot zeroed on the most sensitive scale. for which the emission rate for the tube. No traverse is necessary when (iv) If an integrated sample is taken entire episode can be determined or for Method 2A or 2D, 40 CFR part 60, over the entire batch emission episode which the emissions are greater than the appendix A is used to determine gas to determine average batch vent average emission rate of the batch stream volumetric flow rate. concentration of TOC or total organic emission episode. The owner or (ii) Annual average batch vent flow HAP, emissions shall be calculated operator choosing either of these rate shall be determined as specified in using Equation 8. options shall develop an emission paragraph (e) of this section.

 n  E= K∑()() C M AFR () T[. Eq 8] episode j j h  j=1  where: n = Number of organic HAP in stream. Note: (A) For each measurement point, the Summation not applicable if TOC Eepisode = Emissions, kg/episode emission rate shall be calculated using K = Constant, 2.494 × 10¥6 (ppmv)¥1 (gm- emissions are being estimated using a Equation 9. mole/scm) (kg/gm) (min/hr), where TOC concentration measured using standard temperature is 20°C. Method 25A, 40 CFR part 60, appendix   A. n Cj = Average batch vent concentration of TOC =   Epoint K∑ C j M j FR[. Eq 9] or sample organic HAP component j of (v) If grab samples are taken to   the gas stream for the batch emission  j=1  determine the average batch vent episode, dry basis, ppmv. where: Mj = Molecular weight of TOC or sample concentration of TOC or total organic Epoint = Emission rate for individual organic HAP component j of the gas HAP, emissions shall be calculated measurement point, kg/hr. stream, dry basis, gm/gm-mole. according to paragraphs (b)(5)(v)(A) and K = Constant, 2.494 × 10¥6 (ppmv)¥1 (gm- AFR = Average batch vent flow rate of gas (b)(5)(v)(B) of this section. mole/scm) (kg/gm) (min/hr), where stream, dry basis, scmm. standard temperature is 20°C. Th = Hours/episode

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Cj = Concentration of TOC or sample organic nature, size, operating conditions, in paragraphs (b)(6)(iii)(A) and HAP component j of the gas stream, dry production rate, and sequence of (b)(6)(iii)(B) of this section. basis, ppmv. process steps (e.g., reaction, distillation, (A) Data or other information used to Mj = Molecular weight of TOC or sample etc.) of the equipment in the other demonstrate that the criteria in organic HAP component j of the gas paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of stream, gm/gm-mole. process train. FR = Flow rate of gas stream for the (B) Previous test data obtained during this section have been met shall be measurement point, dry basis, scmm. the production of the product for which reported in the Notification of n = Number of organic HAP in stream. Note: the demonstration is being made, for the Compliance Status, as required in Summation not applicable if TOC batch emission episode with the highest § 63.492(a)(8). emissions are being estimated using a organic HAP emissions on a mass basis, (B) The request for approval to use TOC concentration measured using show a greater than 20 percent engineering assessment to estimate Method 25A, 40 CFR part 60, appendix discrepancy between the test value and emissions from a batch emissions A. the value estimated using the applicable episode as allowed under paragraph * * * * * equations in paragraphs (b)(1) through (b)(6)(i)(C) of this section, and sufficient (6) Engineering assessment may be (b)(4) of this section. If the criteria in data or other information for used to estimate emissions from a batch this paragraph (b)(6)(i)(B) are met, then demonstrating to the Administrator that emission episode, if the criteria in engineering assessment may be used for engineering assessment is an accurate paragraph (b)(6)(i) are met. Data or other all batch emission episodes associated means of estimating emissions for that information used to demonstrate that with that batch cycle for that batch unit particular batch emissions episode shall the criteria in paragraph (b)(6)(i) of this operation. be submitted with the Precompliance section have been met shall be reported (C) The owner or operator has Report, as required in § 63.506(e)(3). as specified in paragraph (b)(6)(iii) of requested approval to use engineering * * * * * this section. Paragraph (b)(6)(ii) of this assessment to estimate emissions from a (9) Individual HAP partial pressures section defines engineering assessment, batch emissions episode. The request to in multicomponent systems shall be for the purposes of estimating emissions use engineering assessment to estimate determined using the appropriate from a batch emissions episode. All emissions from a batch emissions method specified in paragraphs (b)(9)(i) data, assumptions, and procedures used episode shall contain sufficient through (b)(9)(iii) of this section. in an engineering assessment shall be information and data to demonstrate to (i) If the components are miscible, use documented. the Administrator that engineering Raoult’s law to calculate the partial (i) If the criteria specified in assessment is an accurate means of pressures; paragraph (b)(6)(i)(A), (B), or (C) are met estimating emissions for that particular (ii) If the solution is a dilute aqueous for a specific batch emission episode, batch emissions episode. The request to mixture, use Henry’s law constants to the owner or operator may use use engineering assessment to estimate calculate partial pressures; engineering assessment, as described in emissions for a batch emissions episode (iii) If Raoult’s law or Henry’s law are paragraph (b)(6)(ii) of this section, to shall be submitted in the Precompliance not appropriate or available, the owner estimate emissions from that batch Report required under § 63.506(e)(3). or operator may use any of the options emission episode, and the owner or (ii) Engineering assessment includes, in paragraphs (b)(9)(iii)(A), (B), or (C) of operator is not required to use the but is not limited to, the following: this section. emissions estimation equations (A) Previous test results, provided the (A) Experimentally obtained activity described in paragraphs (b)(1) through test was representative of current coefficients, Henry’s law constants, or (b)(4) of this section to estimate operating practices. solubility data; emissions from that batch emission (B) Bench-scale or pilot-scale test data (B) Models, such as group- episode. obtained under conditions contribution models, to predict activity coefficients; or (A) Previous test data, where the representative of current process (C) Assume the components of the measurement of organic HAP or TOC operating conditions. system behave independently and use emissions was an outcome of the test, (C) Flow rate, TOC emission rate, or the summation of all vapor pressures show a greater than 20 percent organic HAP emission rate specified or from the HAPs as the total HAP partial discrepancy between the test value and implied within a permit limit applicable pressure. the value estimated using the applicable to the batch front-end process vent. equations in paragraphs (b)(1) through (D) Design analysis based on accepted * * * * * (b)(4) of this section. Paragraphs chemical engineering principles, (d) Minimum emission level (b)(6)(i)(A)(1) and (2) of this section measurable process parameters, or exemption. A batch front-end process describe test data that will be acceptable physical or chemical laws or properties. vent with annual emissions of TOC or under this paragraph (b)(6)(i)(A). Examples of analytical methods include, organic HAP less than 11,800 kg/yr is (1) Test data for the batch emission but are not limited to: considered a Group 2 batch front-end episode obtained during production of (1) Use of material balances; process vent and the owner or operator the product for which the (2) Estimation of flow rate based on of that batch front-end process vent demonstration is being made. physical equipment design, such as shall comply with the requirements in (2) Test data obtained for a batch pump or blower capacities; § 63.487(f) or (g). Annual emissions of emission episode from another process (3) Estimation of TOC or organic HAP TOC or organic HAP are determined at train, where the test data were obtained concentrations based on saturation the exit of the batch unit operation, as during production of the product for conditions; and described in paragraph (a)(2) of this which the demonstration is being made. (4) Estimation of TOC or organic HAP section, and are determined as specified Test data from another process train concentrations based on grab samples of in paragraph (b) of this section. The may be used only if the owner or the liquid or vapor. owner or operator of that batch front- operator can demonstrate that the data (iii) Data or other information used to end process vent is not required to are representative of the batch emission demonstrate that the criteria in comply with the provisions in episode for which the demonstration is paragraph (b)(6)(i) of this section have paragraphs (e) through (g) of this being made, taking into account the been met shall be reported as specified section.

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(e) Determination of average batch paragraphs (e)(1)(i) through (e)(1)(iii) of where: vent flow rate and annual average batch this section. AFRepisode = Average batch vent flow rate for vent flow rate. The owner or operator (i) The vent stream volumetric flow the batch emission episode, scmm. FRi = Flow rate for individual measurement shall determine the average batch vent rate (FRi) for a batch emission episode, flow rate for each batch emission in scmm at 20°C, shall be determined i, scmm. n = Number of flow rate measurements taken episode in accordance with one of the using Method 2, 2A, 2C, or 2D of 40 CFR during the batch emission episode. procedures provided in paragraphs part 60, appendix A, as appropriate. (e)(1) through (e)(2) of this section. The * * * * * (2) The average batch vent flow rate for a batch emission episode may be annual average batch vent flow rate for (iii) The average batch vent flow rate determined by engineering assessment, a batch front-end process vent shall be for a batch emission episode shall be as defined in paragraph (b)(6)(i) of this calculated as specified in paragraph calculated using Equation 13. section. All data, assumptions, and (e)(3) of this section. n procedures used shall be documented. (1) Determination of the average batch ∑ FR (3) The annual average batch vent vent flow rate for a batch emission i flow rate for a batch front-end process = i=1 episode by direct measurement shall be AFRepisode [Eq. 13] vent shall be calculated using Equation made using the procedures specified in n 14.

n

∑()DURi() AFR episode, i = i=1 AFR n [Eq. 14]

∑()DURi i=1 where: this section. The group determination (ppmv, by compound) for each batch AFR = Annual average batch vent flow rate status for each batch front-end process emission episode shall be determined for the batch front-end process vent, vent shall be made using the criteria based on any one of the following scmm. specified in paragraphs (g)(1) and (g)(2) procedures: DURi = Duration of type i batch emission of this section. * * * * * episodes annually, hr/yr. (1) If the cutoff flow rate is greater (iii) Average concentration of organic AFRepisode = Average batch vent flow rate for than or equal to the annual average compounds containing halogens and type i batch emission episode, scmm. batch vent flow rate of the stream, the n = Number of types of batch emission hydrogen halides as measured by batch front-end process vent is episodes venting from the batch front- Method 26 or 26A of 40 CFR part 60, classified as a Group 1 batch front-end end process vent. appendix A. * * * * * process vent. (2) If the cutoff flow rate is less than (iv) Any other method or data that has (g) Group 1/Group 2 status the annual average batch vent flow rate been validated according to the determination. The owner or operator of the stream, the batch front-end applicable procedures in Method 301, shall compare the cutoff flow rate, process vent is classified as a Group 2 40 CFR part 63, appendix A. calculated in accordance with paragraph batch front-end process vent. (2) The annual mass emissions of (f) of this section, with the annual (h) * * * halogen atoms for a batch front-end average batch vent flow rate, determined (1) The concentration of each organic process vent shall be calculated using in accordance with paragraph (e)(3) of compound containing halogen atoms Equation 16.

 n m  E= K∑∑() C()()L M AFR[. Eq 16] halogen avg j j, i j, i   j=1 i= l  where: AFR = Annual average batch vent flow rate m = Number of different halogens i in each of the batch front-end process vent, compound j of the batch front-end Ehalogen = Mass of halogen atoms, dry basis, kg/yr. determined according to paragraph (e) of process vent. K = Constant, 0.022 (ppmv)¥1 (kg-mole per this section, scmm. Cavgj = Annual average batch vent scm) (min/yr), where standard Mj,i = Molecular weight of halogen atom i in concentration of halogenated compound temperature is 20°C. compound j, kg/kg-mole. j in the batch front-end process vent, as Lj,i = Number of atoms of halogen i in determined by using Equation 17, dry compound j. basis, ppmv. n = Number of halogenated compounds j in the batch front-end process vent.

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n

∑(DURi )( C i ) C = i=1 [Eq. 17] avg j n ∑()DURi i=1 where: production of a single batch of product in paragraphs (i)(3)(ii)(A) through (C) of DURi = Duration of type i batch emission that is higher than the total mass of HAP this section. episodes annually, hr/yr. for the recipe used as the single highest- (A) Redetermine the batch mass input Ci = Average batch vent concentration of HAP recipe for that product in the batch limitation; halogenated compound j in type i batch mass input limitation determination. (B) Submit a report as specified in emission episode, ppmv. (iii) For Group 2 batch front-end § 63.492(c); and n = Number of types of batch emission process vents where the group (C) Comply with § 63.487(f), episodes venting from the batch front- beginning with the year following the end process vent. determination and batch mass input limitation are based on the single submittal of the report submitted * * * * * according to paragraph (i)(3)(ii)(B) of (i) Process changes affecting Group 2 highest-HAP recipe (considering all products produced or processed in the this section. batch front-end process vents. (iii) If the group redetermination Whenever process changes, as described batch unit operation), the production of a recipe having a total mass of HAP described in paragraph (i)(2) of this in paragraph (i)(1) of this section, are section indicates no change in group made that affect one or more Group 2 charged to the reactor (during the production of a single batch of product) status or no change in the relation of batch front-end process vents and that annual emissions to the levels specified could reasonably be expected to change that is higher than the total mass of HAP for the highest-HAP recipe used in the in paragraph (d) of this section, the one or more Group 2 batch front-end owner or operator of the affected source process vents to Group 1 batch front-end batch mass input limitation determination shall be considered to be shall comply with paragraphs process vents or that could reasonably (i)(3)(iii)(A) and (i)(3)(iii)(B) of this be expected to reduce the batch mass a process change. (2) For each batch front-end process section. input limitation for one or more Group (A) The owner or operator shall vent affected by a process change, the 2 batch front-end process vents, the redetermine the batch mass input owner or operator shall redetermine the owner or operator of the affected source limitation; and shall comply with paragraphs (i)(2) and group status by repeating the procedures (B) The owner or operator shall (i)(3) of this section. specified in paragraphs (b) through (g) submit the new batch mass input (1) Examples of process changes of this section, as applicable. limitation in accordance with include the changes listed in paragraphs Alternatively, engineering assessment, § 63.492(c). (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this as described in paragraph (b)(6)(i) of this 11. Section 63.489 is amended by section. section, may be used to determine the revising the section title and paragraphs (i) For all batch front-end process effects of the process change. (a) introductory text, (a)(2), (b) vents, examples of process changes (3) Based on the results of paragraph introductory text, (b)(4) introductory include, but are not limited to, changes (i)(2) of this section, owners or operators text, (b)(4)(ii), (b)(7), (c) introductory in feedstock type or catalyst type; or of affected sources shall comply with text, (d) introductory text, (d)(2), (e)(1) whenever there is replacement, removal, either paragraph (i)(3)(i), (ii), or (iii) of introductory text, (e)(1)(ii), and (e)(3); or modification of recovery equipment this section. and removing paragraph (d)(3), to read considered part of the batch unit (i) If the group redetermination as follows: operation as specified in paragraph described in paragraph (i)(2) of this (a)(2) of this section; or increases in section indicates that a Group 2 batch § 63.489 Batch front-end process ventsÐ production capacity or production rate. front-end process vent has become a monitoring equipment. For purposes of this paragraph, process Group 1 batch front-end process vent as (a) General requirements. Each owner changes do not include: Process upsets; a result of the process change, the owner or operator of a batch front-end process unintentional, temporary process or operator of the affected source shall vent or aggregate batch vent stream that changes; and changes that are within the submit a report as specified in uses a control device to comply with the margin of variation on which the § 63.492(b) and shall comply with the requirements in § 63.487(a)(2) or original group determination was based. Group 1 provisions in §§ 63.487 through § 63.487(b)(2) shall install the (ii) For Group 2 batch front-end 63.492 in accordance with monitoring equipment specified in process vents where the group § 63.480(i)(2)(ii). paragraph (b) of this section. All determination and batch mass input (ii) If the redetermination described in monitoring equipment shall be limitation are based on the expected paragraph (i)(2) of this section indicates installed, calibrated, maintained, and mix of products, the situations that a Group 2 batch front-end process operated according to the described in paragraphs (i)(1)(ii)(A) and vent with annual emissions less than manufacturer’s specifications or other (B) of this section shall be considered to the applicable level specified in written procedures that provide be process changes. paragraph (d) of this section, and that is adequate assurance that the equipment (A) The production of combinations in compliance with § 63.487(g), now has would reasonably be expected to of products not considered in annual emissions greater than or equal monitor accurately. establishing the batch mass input to the applicable level specified by * * * * * limitation. paragraph (d) of this section but remains (2) Except as otherwise provided in (B) The production of a recipe of a a Group 2 batch front-end process vent, this subpart, the owner or operator shall product with a total mass of HAP the owner or operator of the affected operate control devices such that the charged to the reactor during the source shall comply with the provisions daily average of monitored parameters,

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11627 established as specified in paragraph (e) owner or operator shall maintain the level may be based upon a prior of this section, remains above the plan as specified in § 63.506(a). performance test conducted for minimum level or below the maximum * * * * * determining compliance with a level, as appropriate. (7) Where a carbon adsorber is used, regulation promulgated by the EPA, and (b) Batch front-end process vent and an integrating regeneration steam flow, the owner or operator is not required to aggregate batch vent stream monitoring nitrogen flow, or pressure monitoring conduct a performance test under ± equipment. The monitoring equipment device having an accuracy of 10 § 63.490, provided that the prior specified in paragraphs (b)(1) through percent of the flow rate, level, or performance test meets the conditions of (b)(8) of this section shall be installed as pressure, or better, capable of recording § 63.490(b)(3). specified in paragraph (a) of this the total regeneration steam flow or * * * * * section. The parameters to be monitored nitrogen flow, or pressure (gauge or (ii) For aggregate batch vent streams are specified in Table 6 of this subpart. absolute) for each regeneration cycle; using a control device to comply with § 63.487(b)(2), the established level shall * * * * * and a carbon bed temperature monitoring device, capable of recording reflect the emission reduction (4) Where a scrubber is used with an the carbon bed temperature after each requirement of 90 percent specified in incinerator, boiler, or process heater in regeneration and within 15 minutes of § 63.487(b)(2). concert with the combustion of completing any cooling cycle are * * * * * halogenated batch front-end process required. (3) The operating day shall be defined vents or halogenated aggregate batch * * * * * as part of establishing the parameter vent streams, the following monitoring (c) Alternative monitoring parameters. monitoring level and shall be submitted equipment is required for the scrubber: An owner or operator of a batch front- with the information in paragraph (e)(2) * * * * * end process vent or aggregate batch vent of this section. The definition of (ii) A flow measurement device stream may request approval to monitor operating day shall specify the time(s) at equipped with a continuous recorder parameters other than those required by which an operating day begins and shall be located at the scrubber influent paragraph (b) of this section. The ends. The operating day shall not for liquid flow. Gas stream flow shall be request shall be submitted according to exceed 24 hours. determined using one of the procedures the procedures specified in § 63.492(e) 12. Section 63.490 is amended by: a. Revising paragraphs (a), (b) specified in paragraphs (b)(4)(ii)(A) and § 63.506(f). Approval shall be introductory text, (b)(3), (b)(5), (c) through (b)(4)(ii)(C) of this section. requested if the owner or operator: introductory text, (c)(1)(i)(A), (c)(1)(i)(B) * * * * * (A) The owner or operator may introductory text, (c)(1)(i)(C), (c)(1)(i)(D), (d) Monitoring of bypass lines. The determine gas stream flow using the (c)(1)(ii), (c)(1)(iii) introductory text, owner or operator of a batch front-end design blower capacity, with (c)(1)(iii)(A), (c)(1)(v), (c)(2) introductory process vent or aggregate batch vent appropriate adjustments for pressure text, (d)(1), (d)(2)(ii), (d)(3), (d)(4), (d)(5), stream using a vent system that contains drop. (e), and (f); and bypass lines that could divert emissions (B) If the scrubber is subject to b. Removing paragraph (b)(6), to read away from a control device used to as follows: regulations in 40 CFR parts 264 through comply with § 63.487(a) or § 63.487(b) 266 that have required a determination shall comply with either paragraph § 63.490 Batch front-end process ventsÐ of the liquid to gas (L/G) ratio prior to (d)(1) or (d)(2) of this section. performance test methods and procedures the applicable compliance date for this Equipment such as low leg drains, high to determine compliance. subpart, the owner or operator may point bleeds, analyzer vents, open- (a) Use of a flare. When a flare is used determine gas stream flow by the ended valves or lines, and pressure to comply with § 63.487(a)(1) or method that had been utilized to relief valves needed for safety purposes § 63.487(b)(1), the owner or operator of comply with those regulations. A are not subject to this paragraph (d). an affected source shall comply with determination that was conducted prior * * * * * § 63.504(c). to the compliance date for this subpart (2) Secure the bypass line damper or (b) Exceptions to performance tests. may be utilized to comply with this valve in the non-diverting position with An owner or operator is not required to subpart if it is still representative. a car-seal or a lock-and-key type conduct a performance test when a (C) The owner or operator may configuration. A visual inspection of the control device specified in paragraphs prepare and implement a gas stream seal or closure mechanism shall be (b)(1) through (b)(5) of this section is flow determination plan that documents performed at least once every month to used to comply with § 63.487(a)(2). an appropriate method which will be ensure that the damper or valve is * * * * * used to determine the gas stream flow. maintained in the non-diverting (3) A control device for which a The plan shall require determination of position and emissions are not diverted performance test was conducted for gas stream flow by a method which will through the bypass line. Records shall determining compliance with a at least provide a value for either a be generated as specified in regulation promulgated by the EPA and representative or the highest gas stream § 63.491(e)(4). the test was conducted using the same flow anticipated in the scrubber during (e) * * * Methods specified in this section and representative operating conditions (1) For each parameter monitored either no deliberate process changes other than start-ups, shutdowns, or under paragraph (b) or (c) of this have been made since the test, or the malfunctions. The plan shall include a section, the owner or operator shall owner or operator can demonstrate that description of the methodology to be establish a level, defined as either a the results of the performance test, with followed and an explanation of how the maximum or minimum operating or without adjustments, reliably selected methodology will reliably parameter as denoted in Table 7 of this demonstrate compliance despite process determine the gas stream flow, and a subpart, that indicates proper operation changes. description of the records that will be of the control device. The level shall be * * * * * maintained to document the established in accordance with the (5) A hazardous waste incinerator for determination of gas stream flow. The procedures specified in § 63.505. The which the owner or operator has been

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11628 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules issued a final permit under 40 CFR part during which the emission rate for the (C) Gas stream volumetric flow rate 270 and complies with the requirements entire episode can be determined or and/or average batch vent flow rate shall of 40 CFR part 264, subpart O, or has during which the emissions are greater be determined as specified in certified compliance with the interim than the average emission rate of the § 63.488(e). status requirements of 40 CFR part 265, batch emission episode. The owner or (D) Method 18 or Method 25A of 40 subpart O. operator choosing either of these CFR part 60, appendix A, shall be used (c) Batch front-end process vent options shall develop an emission to determine the concentration of testing and procedures for compliance profile for the entire batch emission organic HAP or TOC, as appropriate. with § 63.487(a)(2). Except as provided episode, based on either process Alternatively, any other method or data in paragraph (a) or (b) of this section, an knowledge or test data collected, to that has been validated according to the owner or operator using a control device demonstrate that test periods are applicable procedures in Method 301, to comply with § 63.487(a)(2) shall representative. Examples of information 40 CFR part 63, appendix A, may be conduct a performance test using the that could constitute process knowledge used. The use of Method 25A, 40 CFR procedures specified in paragraph (c)(1) include calculations based on material part 60, appendix A shall conform with of this section in order to determine the balances and process stoichiometry. the requirements in paragraphs control efficiency of the control device. Previous test results may be used, (c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this An owner or operator shall determine provided the results are still relevant to section. the current batch front-end process vent the percent reduction for the batch cycle (1) The organic HAP used as the using the control efficiency of the conditions. (B) Method 1 or 1A, 40 CFR part 60, calibration gas for Method 25A, 40 CFR control device as specified in part 60, appendix A shall be the single paragraphs (c)(2)(i) through (c)(2)(iii) of appendix A, as appropriate, shall be used for selection of the sampling sites organic HAP representing the largest this section and the procedures percent by volume of the emissions. specified in paragraph (c)(2) of this if the flow measuring device is a pitot section. Compliance may be based on tube, except that references to (2) The use of Method 25A, 40 CFR either total organic HAP or TOC. For particulate matter in Method 1A do not part 60, appendix A is acceptable if the purposes of this paragraph (c), the term apply for the purposes of this subpart. response from the high-level calibration ‘‘batch emission episode’’ shall have the No traverse is necessary when Method gas is at least 20 times the standard meaning ‘‘period of the batch emission 2A or 2D, 40 CFR part 60, appendix A deviation of the response from the zero episode selected for control,’’ which is used to determine gas stream calibration gas when the instrument is may be the entire batch emission volumetric flow rate. Inlet sampling zeroed on the most sensitive scale. episode or may only be a portion of the sites shall be located as specified in (ii) If an integrated sample is taken batch emission episode. paragraphs (c)(1)(i)(B)(1) and over the entire batch emission episode (1) * * * (c)(1)(i)(B)(2) of this section. Outlet to determine the average batch vent (i) * * * sampling sites shall be located at the concentration of TOC or total organic (A) Alternatively, an owner or outlet of the final control device prior to HAP, emissions per batch emission operator may choose to test only those release to the atmosphere. episode shall be calculated using periods of the batch emission episode * * * * * Equations 18 and 19.

 n  =   Eepisode,, inlet K∑( C j inlet )( Mj ) () AFR inlet() T h [Eq. 18]  j=1 

 n  =   Eepisode,, outlet K∑( C j outlet )( Mj ) () AFR outlet() T h [Eq. 19]  j=1 

where: Mj = Molecular weight of TOC or sample (iii) If grab samples are taken to organic HAP component j of the gas Eepisode = Inlet or outlet emissions, kg/ determine the average batch vent episode. stream, gm/gm-mole. concentration of TOC or total organic K = Constant, 2.494 × 10±6 (ppmv)¥1 (gm- AFR = Average inlet or outlet flow rate of gas stream for the batch emission episode, HAP, emissions shall be calculated mole/scm) (kg/gm) (min/hr), where according to paragraphs (c)(1)(iii)(A) standard temperature is 20°C. dry basis, scmm. Th = Hours/episode. and (c)(1)(iii)(B) of this section. j = Average inlet or outlet concentration of C n = Number of organic HAP in stream. TOC or sample organic HAP component (A) For each measurement point, the j of the gas stream for the batch emission Note: Summation is not applicable if TOC emission rates shall be calculated using episode, dry basis, ppmv. emissions are being estimated using a TOC concentration measured using Method 25A, Equations 20 and 21. 40 CFR part 60, appendix A.

 n  =   Epoint, inlet K∑ C j Mj FR inlet [Eq. 20]  j=1 

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 n  =   Epoint, outlet K∑ C j M j FRoutlet [Eq. 21]  j=1  where: n = Number of organic HAP in stream. Note: with the TOC or total organic HAP, Summation is not applicable if TOC Epoint = Inlet or outlet emission rate for the respectively, exiting the combustion measurement point, kg/hr. emissions are being estimated using a device. × ±6 ¥1 TOC concentration measured using K = Constant, 2.494 10 (ppmv) (gm- (2) The percent reduction for the mole/scm) (kg/gm) (min/hr), where Method 25A, 40 CFR part 60, appendix standard temperature is 20°C. A. batch cycle shall be determined using Cj = Inlet or outlet concentration of TOC or * * * * * Equation 25 and the control device sample organic HAP component j of the (v) If the batch front-end process vent efficiencies specified in paragraphs gas stream, dry basis, ppmv. entering a boiler or process heater with (c)(2)(i) through (c)(2)(iii) of this section. Mj = Molecular weight of TOC or sample a design capacity less than 44 All information used to calculate the organic HAP component j of the gas megawatts is introduced with the batch cycle percent reduction, including stream, gm/gm-mole. combustion air or as a secondary fuel, a definition of the batch cycle FR = Inlet or outlet flow rate of gas stream the weight-percent reduction of total identifying all batch emission episodes, for the measurement point, dry basis, organic HAP or TOC across the device shall be recorded as specified in scmm. shall be determined by comparing the § 63.491(b)(2). This information shall TOC or total organic HAP in all include identification of those batch combusted batch front-end process emission episodes, or portions thereof, vents and primary and secondary fuels selected for control.

n n n + −() − ∑ Eunc∑ E inlet,, con∑ l R() E inlet con = i=1 i=1 i=1 Percent Reductionn n 100 [Eq. 25] + ∑ EEunc∑ inlet, con i=1 i=1 where: summed together. The mass emissions (1) For the purposes of this subpart, Eunc = Mass rate of TOC or total organic HAP of any hydrogen halides or halogens when the provisions of § 63.116(c) for uncontrolled batch emission episode present at the outlet of the scrubber or specify that Method 18, 40 CFR part 60, i, kg/hr. other halogen reduction device shall be appendix A shall be used, Method 18 or Einlet con = Mass rate of TOC or total organic summed together. Percent reduction Method 25A, 40 CFR part 60, appendix HAP for controlled batch emission shall be determined by subtracting the A may be used. The use of Method 25A, episode i at the inlet to the control device, kg/hr. outlet mass emissions from the inlet 40 CFR part 60, appendix A shall R = Control efficiency of control device as mass emissions and then dividing the conform with the requirements in specified in paragraphs (c)(2)(i) through result by the inlet mass emissions and paragraphs (e)(1)(i) and (e)(1)(ii) of this (c)(2)(iii) of this section. multiplying by 100. section. n = Number of uncontrolled batch emission (4) To determine compliance with the (i) The organic HAP used as the episodes, controlled batch emission emission limit specified in calibration gas for Method 25A, 40 CFR episodes, and control devices. The value § 63.487(c)(2), the annual mass part 60, appendix A shall be the single of n is not necessarily the same for these organic HAP representing the largest three items. emissions for any hydrogen halides and halogens present at the outlet of the percent by volume of the emissions. * * * * * halogen reduction device and prior to (ii) The use of Method 25A, 40 CFR (d) * * * any combustion device shall be summed part 60, appendix A is acceptable if the (1) Sampling sites shall be located at together and compared to the emission response from the high-level calibration the inlet and outlet of the scrubber or limit specified in § 63.487(c)(2). gas is at least 20 times the standard other halogen reduction device used to deviation of the response from the zero reduce halogen emissions in complying (5) The owner or operator may use calibration gas when the instrument is with § 63.487(c)(1) or at the outlet of the any other method to demonstrate zeroed on the most sensitive scale. halogen reduction device used to reduce compliance if the method or data has (2) When § 63.116(c)(4) refers to halogen emissions in complying with been validated according to the complying with an emission reduction § 63.487(c)(2). applicable procedures of Method 301, of 98 percent, for the purposes of this (2) * * * 40 CFR part 63, appendix A. subpart, the 90 percent reduction (ii) Gas stream volumetric flow rate (e) Aggregate batch vent stream requirement specified in § 63.487(b)(2) and/or average batch vent flow rate shall testing for compliance with shall apply. be determined as specified in § 63.487(b)(2). Except as specified in (f) Batch mass input limitation. The § 63.488(e). paragraphs (e)(1) through (e)(2) of this batch mass input limitation required by (3) To determine compliance with the section, owners or operators of aggregate § 63.487(g)(1) shall be determined by the percent reduction specified in batch vent streams complying with owner or operator such that annual § 63.487(c)(1), the mass emissions for § 63.487(b)(2) shall conduct a emissions for the batch front-end any hydrogen halides and halogens performance test using the performance process vent remain less than the level present at the inlet of the scrubber or testing procedures for continuous front- specified in § 63.488(d). The batch mass other halogen reduction device shall be end process vents in § 63.116(c). input limitation required by

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§ 63.487(f)(1) shall be determined by the additional information be developed. (ii) The mass of HAP or material that owner or operator such that annual Paragraph (a)(9) of this section specifies can be charged annually to the batch emissions remain at a level that ensures the recordkeeping requirements for unit operation at the maximum design that the batch front-end process vent Group 2 batch front-end process vents capacity. remains a Group 2 batch front-end that are exempt from the batch mass (b) Compliance demonstration process vent, given the actual annual input limitation provisions, as allowed records. Each owner or operator of a flow rate for that batch front-end under § 63.487(h). batch front-end process vent or process vent determined according to (1) An identification of each unique aggregate batch vent stream complying § 63.488(e)(3). The batch mass input product that has emissions from one or with § 63.487(a) or (b), shall keep the limitation shall be determined using the more batch emission episodes venting following records, as applicable, readily same basis, as described in from the batch front-end process vent, accessible: § 63.488(a)(1), used to make the group along with an identification of the single (1) The annual mass emissions of determination (i.e., expected mix of highest-HAP recipe for each product halogen atoms in the batch front-end products or highest-HAP recipe). The and the mass of HAP fed to the reactor process vent or aggregate batch vent establishment of the batch mass input for that recipe. stream determined according to the limitation is not dependent upon any (2) A description of, and an emission procedures specified in § 63.488(h). past production or activity level. estimate for, each batch emission (2) If the owner or operator of a batch (1) If the expected mix of products episode, and the total emissions front-end process vent has chosen to serves as the basis for the batch mass associated with one batch cycle, as comply with § 63.487(a)(2), records input limitation, the batch mass input described in either paragraph (a)(2)(i) or documenting the batch cycle percent limitation shall be determined based on (a)(2)(ii) of this section, as appropriate. reduction as specified in § 63.490(c)(2). any foreseeable combination of products (i) If the group determination is based (3) * * * that the owner or operator expects to on the expected mix of products, (ii) All visible emission readings, heat manufacture. records shall include the emission content determinations, flow rate (2) If the single highest-HAP recipe estimates for the single highest-HAP measurements, and exit velocity serves as the basis for the batch mass recipe of each unique product identified determinations made during the input limitation, the batch mass input in paragraph (a)(1) of this section that compliance determination required by limitation shall be determined based was considered in making the group § 63.504(c); and solely on the production of the single determination under § 63.488. (iii) Periods when all pilot flames highest-HAP recipe, considering all (ii) If the group determination is based were absent. products produced or processed in the on the single highest-HAP recipe (4) * * * batch unit operation. (considering all products produced or (iv) For a scrubber or other halogen 13. Section 63.491 is amended by: processed in the batch unit operation), reduction device following a a. Revising paragraphs (a) records shall include the emission combustion device to control introductory text, (a)(1), (a)(2), (a)(3)(i), estimates for the single highest-HAP halogenated batch front-end process (a)(4), (a)(7), (a)(8), (a)(9), (b) recipe. vents or halogenated aggregate batch introductory text, (b)(1), (b)(2), (b)(3)(ii), (3) * * * vent streams, the percent reduction of (b)(3)(iii), (b)(4)(iv), (d)(1), (d)(2), (e) (i) For Group 2 batch front-end total hydrogen halides and halogens, as introductory text, (e)(1)(i), (e)(1)(ii), process vents, emissions shall be determined under § 63.490(d)(3) or the (e)(2) introductory text, (e)(2)(i), determined at the batch mass input emission limit determined under (e)(2)(ii), (e)(3), (e)(4) introductory text, limitation. § 63.490(d)(4). and (e)(4)(i), and (f); * * * * * * * * * * b. Adding paragraph (g); and (4) The annual average batch vent c. Removing and reserving paragraph (d) * * * flow rate for the batch front-end process (e)(4)(ii), to read as follows: (1) The owner or operator of a Group vent as determined in accordance with 2 batch front-end process vent required § 63.491 Batch front-end process ventsÐ § 63.488(e). to comply with § 63.487(g) shall keep recordkeeping requirements. * * * * * the following records readily accessible: (a) Group determination records for (7) If a batch front-end process vent is (i) Records designating the established batch front-end process vents. Except as subject to § 63.487(a) or § 63.487(b), batch mass input limitation required by provided in paragraphs (a)(7) and (a)(8) none of the records in paragraphs (a)(1) § 63.487(g)(1) and specified in of this section, each owner or operator through (a)(6) of this section are § 63.490(f). of an affected source shall maintain the required. (ii) Records specifying the mass of records specified in paragraphs (a)(1) (8) If the total annual emissions from HAP or material charged to the batch through (a)(6) of this section for each the batch front-end process vent during unit operation. batch front-end process vent subject to the group determination are less than (2) The owner or operator of a Group the group determination procedures of the appropriate level specified in 2 batch front-end process vent § 63.488. Except for paragraph (a)(1) of § 63.488(d), only the records in complying with § 63.487(f) shall keep this section, the records required to be paragraphs (a)(1) through (a)(3) of this the following records readily accessible: maintained by this paragraph are section are required. (i) Records designating the established limited to the information developed (9) For each Group 2 batch front-end batch mass input limitation required by and used to make the group process vent that is exempt from the § 63.487(f)(1) and specified in determination under §§ 63.488(b) batch mass input limitation provisions § 63.490(f). through 63.488(g), as appropriate. If an because it meets the criteria of (ii) Records specifying the mass of owner or operator did not need to § 63.487(h), the records specified in HAP or material charged to the batch develop certain information (e.g., paragraphs (a)(9)(i) and (ii) shall be unit operation. annual average batch vent flow rate) to maintained. (e) Controlled batch front-end process determine the group status, this (i) Documentation of the maximum vent continuous compliance records. paragraph does not require that design capacity of the EPPU; and Each owner or operator of a batch front-

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(i) For flares, the records specified in paragraphs (b) and (c) of this section, (5) The mass of HAP or material Table 6 of this subpart shall be each owner or operator of an aggregate allowed to be charged to the batch unit maintained in place of continuous batch vent stream using a control device operation per year under the batch mass records. to comply with § 63.487(b)(1) or (b)(2) input limitation. (ii) For carbon adsorbers, the records shall keep the following records readily 14. Section 63.492 is amended by: specified in Table 6 of this subpart shall accessible:. a. Revising paragraph (a) introductory be maintained in place of batch cycle (1) Continuous records of the text, (b), (c) introductory text, (c)(2), (d), daily averages. equipment operating parameters (e), and (f); b. Adding paragraphs (a)(5) and (a)(6); (2) Records of the batch cycle daily specified to be monitored under and average value of each continuously § 63.489(b) and listed in Table 6 of this monitored parameter, except as c. Removing paragraph (c)(3), to read subpart, as applicable, or specified by as follows: provided in paragraph (e)(2)(iii) of this the Administrator in accordance with section, as calculated using the § 63.492(e), as allowed under § 63.492 Batch front-end process ventsÐ procedures specified in paragraphs § 63.489(c), with the exceptions listed in reporting requirements. (e)(2)(i) and (e)(2)(ii) of this section. paragraphs (f)(1)(i) and (f)(1)(ii) of this (a) The owner or operator of a batch (i) The batch cycle daily average shall section. front-end process vent or aggregate be calculated as the average of all (i) For flares, the records specified in batch vent stream at an affected source parameter values measured for an Table 6 of this subpart shall be shall submit the information specified operating day during those batch maintained in place of continuous in paragraphs (a)(1) through (a)(6) of this emission episodes, or portions thereof, records. section, as appropriate, as part of the in the batch cycle that the owner or (ii) For carbon adsorbers, the records Notification of Compliance Status operator has selected to control. specified in Table 6 of this subpart shall specified in § 63.506(e)(5). (ii) Monitoring data recorded during be maintained in place of daily * * * * * periods of monitoring system averages. (5) For each Group 2 batch front-end breakdowns, repairs, calibration checks, (2) Records of the daily average value process vent that is exempt from the and zero (low-level) and high-level of each continuously monitored batch mass input limitation provisions adjustments shall not be included in parameter for each operating day because it meets the criteria of computing the batch cycle daily determined according to the procedures § 63.487(h), the information specified in averages. In addition, monitoring data specified in § 63.506(d). § 63.491(a)(1) through (3), and the recorded during periods of non- (3) For demonstrating compliance information specified in § 63.491(a)(4) operation of the EPPU (or specific with the monitoring of bypass lines as through (6) as applicable, calculated at portion thereof) resulting in cessation of specified in § 63.489(d), records as the conditions specified in § 63.487(h). organic HAP emissions, or periods of specified in paragraph (e)(3) or (e)(4) of (6) When engineering assessment has start-up, shutdown, or malfunction shall this section, as appropriate. been used to estimate emissions from a not be included in computing the batch (g) Documentation supporting the batch emissions episode and the criteria cycle daily averages. establishment of the batch mass input specified in § 63.488(b)(6)(i)(A) or (B) * * * * * limitation shall include the information have been met, the owner or operator (3) Hourly records of whether the flow specified in paragraphs (g)(1) through shall submit the information indicator for bypass lines specified (g)(5) of this section, as appropriate. demonstrating that the criteria specified under § 63.489(d)(1) was operating and (1) Identification of whether the in § 63.488(b)(6)(i)(A) or (B) have been whether a diversion was detected at any purpose of the batch mass input met as part of the Notification of time during the hour. Also, records of limitation is to comply with Compliance Status required by the times of all periods when the vent § 63.487(f)(1) or (g)(1). § 63.506(e)(5). is diverted from the control device, or (2) Identification of whether the batch (b) Whenever a process change, as the flow indicator specified in mass input limitation is based on the defined in § 63.488(i)(1), is made that § 63.489(d)(1) is not operating. single highest-HAP recipe (considering causes a Group 2 batch front-end (4) Where a seal or closure all products) or on the expected mix of process vent to become a Group 1 batch mechanism is used to comply with products for the batch front-end process front-end process vent, the owner or § 63.489(d)(2), hourly records of vent as allowed under § 63.488(a)(1). operator shall notify the Administrator whether a diversion was detected at any (3) Definition of the operating year, and submit a description of the process time are not required. for the purposes of determining change within 180 days after the process (i) For compliance with § 63.489(d)(2), compliance with the batch mass input change is made or with the next the owner or operator shall record limitation. Periodic Report, whichever is later. The whether the monthly visual inspection (4) If the batch mass input limitation owner or operator of an affected source of the seals or closure mechanism has is based on the expected mix of shall comply with the Group 1 batch been done, and shall record the products, the owner or operator shall front-end process vent provisions in occurrence of all periods when the seal provide documentation that describes as §§ 63.486 through 63.492 in accordance mechanism is broken, the bypass line many scenarios for differing mixes of with § 63.480(i)(2)(ii). damper or valve position has changed, products (i.e., how many of each type of (c) Whenever a process change, as or the key for a lock-and-key type product) as the owner or operator defined in § 63.488(i)(1), is made that configuration has been checked out, and desires the flexibility to accomplish. causes a Group 2 batch front-end records of any car-seal that has been Alternatively, the owner or operator process vent with annual emissions less broken. shall provide a description of the than the level specified in § 63.488(d)

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11632 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules for which the owner or operator is the seal mechanism is broken, the (i) A monthly weighted average of required to comply with § 63.487(g) to bypass line damper or valve position 0.40 kg styrene per megagram (Mg) latex have annual emissions greater than or has changed, or the key to unlock the for existing affected sources; and equal to the level specified in bypass line damper or valve was * * * * * § 63.488(d) but remains a Group 2 batch checked out, with the next Periodic (2) * * * front-end process vent, or if a process Report. (i) A monthly weighted average of 10 change is made that requires the owner 15. Section 63.493 is revised to read kg total organic HAP per Mg crumb or operator to redetermine the batch as follows: rubber (dry weight) for existing affected mass input limitation as specified in sources; and § 63.488(i)(3), the owner or operator § 63.493 Back-end process provisions. * * * * * shall submit a report within 180 days Owners and operators of new and (3) * * * after the process change is made or with existing affected sources shall comply (i) A monthly weighted average of 8 the next Periodic Report, whichever is with the requirements in §§ 63.494 kg total organic HAP per Mg crumb later. The following information shall be through 63.500. Owners and operators rubber (dry weight) for existing affected submitted: of affected sources whose only sources; and * * * * * elastomer products are latex products, * * * * * (2) The batch mass input limitation liquid rubber products, or products (4) There are no back-end process determined in accordance with produced in a gas-phased reaction operation residual organic HAP § 63.487(f)(1). process are not subject to the provisions limitations for neoprene, HypalonTM, (d) The owner or operator is not of §§ 63.494 through 63.500. Section nitrile-butadiene rubber, butyl rubber, required to submit a report of a process 63.494 contains residual organic HAP halobutyl rubber, epichlorohydrin change if one of the conditions specified limitations. Compliance with these elastomer, and polysulfide rubber. in paragraph (d)(1) or (d)(2) of this residual organic HAP limitations may be There are also no back-end process section is met. achieved by using either stripping operation residual organic HAP (1) The change does not meet the technology, or by using control or limitations for styrene butadiene rubber description of a process change in recovery devices. If compliance with produced by any process other than a § 63.488(i). these limitations is achieved using solution or emulsion process, (2) The redetermined group status stripping technology, the procedures to polybutadiene rubber produced by any remains Group 2 for an individual batch determine compliance are specified in process other than a solution process, or front-end process vent with annual § 63.495. If compliance with these ethylene-propylene rubber produced by emissions greater than or equal to the limitations is achieved using control or any process other than a solution level specified in § 63.488(d) and the recovery devices, the procedures to process. batch mass input limitation does not determine compliance are specified in * * * * * decrease, or a Group 2 batch front-end § 63.496, and associated monitoring (d) If the owner or operator complies process vent with annual emissions less requirements are specified in § 63.497. with the residual organic HAP than the level specified in § 63.488(d) Recordkeeping requirements are limitations in paragraph (a) of this complying with § 63.487(g) continues to contained in § 63.498, and reporting section using a flare, the owner or have emissions less than the level requirements in § 63.499. Section 63.500 operator of an affected source shall specified in § 63.488(d) and the batch contains a limitation on carbon comply with the requirements in mass input limitation does not decrease. disulfide emissions from affected § 63.504(c). (e) If an owner or operator uses a sources that produce styrene butadiene 17. Section 63.495 is amended by control device other than those rubber using an emulsion process. Table revising paragraphs (b)(2)(i), (b)(2)(ii), specified in § 63.489(b) and listed in 8 contains a summary of compliance and (b)(5), to read as follows: Table 6 of this subpart or requests alternative requirements for these § 63.495 Back-end process provisionsÐ approval to monitor a parameter other sections. procedures to determine compliance using than those specified in § 63.489(b) and 16. Section 63.494 is amended by stripping technology. listed in Table 6 of this subpart, the revising paragraphs (a) introductory * * * * * owner or operator shall submit a text, (a)(1)(i), (a)(2)(i), (a)(3)(i), and (b) * * * description of planned reporting and (a)(4); and adding paragraph (d), to read (2) * * * recordkeeping procedures, as specified as follows: (i) If a stripper operated in batch in § 63.506(f), as part of the mode is used, at least one representative Precompliance Report as required under § 63.494 Back-end process provisionsÐ sample is to be taken from every batch residual organic HAP limitations. § 63.506(e)(3). The Administrator will of elastomer produced, at the location specify appropriate reporting and (a) The monthly weighted average specified in paragraph (d) of this recordkeeping requirements as part of residual organic HAP content of all section, and identified by elastomer the review of the Precompliance Report. grades of elastomer processed, measured type and by the date and time the batch (f) Owners or operators of affected after the stripping operation [or the is completed. sources complying with § 63.489(d), reactor(s), if the plant has no stripper(s)] (ii) If a stripper operated in shall comply with paragraph (f)(1) or as specified in § 63.495(d), shall not continuous mode is used, at least one (f)(2) of this section, as appropriate. exceed the limits provided in representative sample is to be taken (1) Submit reports of the times of all paragraphs (a)(1) through (a)(4) of this each operating day. The sample is to be periods recorded under § 63.491(e)(3) section, as applicable. Owners or taken at the location specified in when the batch front-end process vent operators of affected sources shall paragraph (d) of this section, and is diverted away from the control device comply with the requirements of this identified by elastomer type and by the through a bypass line, with the next paragraph using either stripping date and time the sample was taken. Periodic Report. technology or control or recovery * * * * * (2) Submit reports of all occurrences devices. (5) The monthly weighted average recorded under § 63.491(e)(4) in which (1) * * * shall be determined using the equation

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11633 in paragraph (f) of this section. All opportunity for emission to the (iv) A control device for which a samples taken and analyzed during the atmosphere [with the exception of performance test was conducted for month shall be used in the equipment in compliance with the determining compliance with a determination of the monthly weighted requirements in §§ 63.502(a) through regulation promulgated by the EPA and average, except samples taken during 63.502(m)] from any of the streams prior the test was conducted using the same periods of start-up, shutdown, or to being combined. Methods specified in this section and malfunction. * * * * * either no deliberate process changes * * * * * (iii) To determine the inlet and outlet have been made since the test, or the 18. Section 63.496 is amended by total organic HAP concentrations, the owner or operator can demonstrate that revising paragraphs (b) introductory owner or operator shall use Method 18 the results of the performance test, with text, (b)(5)(i), (b)(5)(iii), (b)(6)(iv), (b)(7) or Method 25A of 40 CFR part 60, or without adjustments, reliably introductory text, (b)(7)(i), (b)(7)(iv), appendix A. Alternatively, any other demonstrate compliance despite process (b)(8) introductory text, and (c)(1); and method or data that has been validated changes. according to the applicable procedures adding paragraph (b)(7)(vi), to read as * * * * * follows: in Method 301, 40 CFR part 63, appendix A may be used. The minimum (vi) A hazardous waste incinerator for § 63.496 Back-end process provisionsÐ sampling time for each run shall be in which the owner or operator has been procedures to determine compliance using accordance with paragraph (b)(1) of this issued a final permit under 40 CFR Part control or recovery devices. section, during which either an 270 and complies with the requirements * * * * * integrated sample or grab samples shall of 40 CFR part 264, subpart O, or has (b) Compliance shall be demonstrated be taken. If grab sampling is used, then certified compliance with the interim using the provisions in paragraphs (b)(1) the samples shall be taken at status requirements of 40 CFR part 265, through (b)(8) of this section, as approximately equal intervals during subpart O. applicable. the run, with the time between samples (8) If one of the control devices listed * * * * * no greater than 15 minutes. in paragraph (b)(6) or (b)(7) of this (5) * * * * * * * * section is used, the outlet emissions (i) Method 1 or 1A of 40 CFR part 60, (6) * * * shall be calculated using Equation 30. appendix A, as appropriate, shall be (iv) The outlet total organic HAP used for selection of the sampling sites. emissions associated with the back-end =() − Eo E i l R [Eq. 30] Sampling sites for inlet emissions shall process unit operation shall be be located as specified in paragraphs calculated using Equation 30, as shown where: (b)(5)(i)(A) or (b)(5)(i)(B) of this section. in paragraph (b)(8) of this section. Eo=Mass rate of total organic HAP at the Sampling sites for outlet emissions shall (7) An owner or operator is not outlet of the control or recovery device, be located at the outlet of the control or required to conduct a source test to dry basis, kg/hr. recovery device. determine the outlet organic HAP Ei=Mass rate of total organic HAP at the inlet (A) The inlet sampling site shall be emissions if any control device of the control or recovery device, dry specified in paragraphs (b)(7)(i) through basis, kg/hr, determined using the located at the exit of the back-end procedures in paragraph (b)(5)(iv) of this process unit operation before any (b)(7)(vi) of this section is used. For section. opportunity for emission to the these devices, the inlet emissions R=Control efficiency of control device, as atmosphere [with the exception of associated with the back-end process specified in paragraph (b)(8)(i), (ii), or equipment in compliance with the unit operation shall be determined in (iii) of this section. requirements in §§ 63.502(a) through accordance with paragraph (b)(5) of this * * * * * 63.502(m)], and before any control or section, and the outlet emissions shall recovery device. be calculated using the equation in (c) * * * (B) If back-end process vent streams paragraph (b)(8) of this section. (1) For each test run, the residual are combined prior to being routed to (i) A flare. The owner or operator organic HAP content, adjusted for the control or recovery devices, the inlet shall demonstrate compliance as control or recovery device emission sampling site may be for the combined provided in § 63.504(c). reduction, shall be calculated using stream, as long as there is no * * * * * Equation 31.

( )( ) − + CPEE()i,, run() o run HAPCONT = [Eq. 31] run ()P

where: Ei,run=Mass rate of total organic HAP at the § 63.497 Back-end process provisionsÐ inlet of the control or recovery device, monitoring provisions for control and HAPCONTrun=Residual organic HAP content, kg organic HAP per kg elastomer (latex dry basis, kg per test run. recovery devices. Eo,run=Mass rate of total organic HAP at the or dry crumb rubber). (a) An owner or operator complying C=Total uncontrolled organic HAP content, outlet of the control or recovery device, determined in accordance with dry basis, kg per test run. with the residual organic HAP paragraph (b)(3) of this section, kg * * * * * limitations in § 63.494(a) using control organic HAP per kg latex or dry crumb or recovery devices, or a combination of rubber. 19. Section 63.497 is amended by stripping and control or recovery P=Weight of latex or dry crumb rubber revising paragraphs (a) introductory devices, shall install the monitoring processed during test run. text, (a)(6), (c), and (d) introductory text; equipment specified in paragraphs (a)(1) and removing paragraph (d)(3), to read as follows:

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11634 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules through (a)(6) of this section, as paragraphs (b) through (d) of this shall record whether the monthly visual appropriate. section, as appropriate. inspection of the seals or closure * * * * * * * * * * mechanisms has been done, and shall (6) For a carbon adsorber, an (d) Each owner or operator of a back- record instances when the seal integrating regeneration steam flow, end process operation using control or mechanism is broken, the bypass line nitrogen flow, or pressure monitoring recovery devices to comply with an damper or valve position has changed, device having an accuracy of at least organic HAP emission limitation in or the key for a lock-and-key type ±10 percent of the flow rate, level, or § 63.494(a) shall maintain the records configuration has been checked out, and pressure, capable of recording the total specified in paragraphs (d)(1) through records of any car-seal that has broken. regeneration steam flow or nitrogen (d)(5) of this section. The recordkeeping (B) [Reserved.] flow, or pressure (gauge or absolute) for requirements contained in paragraphs 21. Section 63.499 is amended by each regeneration cycle; and a carbon (d)(1) through (d)4) pertain to the results revising paragraphs (a), (b)(2), (c) bed temperature monitoring device, of the testing required by § 63.496(b), for introductory text, (c)(3), and (d) capable of recording the carbon bed each of the three required test runs. introductory text, to read as follows: (1) The uncontrolled residual organic temperature after each regeneration and HAP content in the latex or dry crumb § 63.499 Back-end process provisionsÐ within 15 minutes of completing any rubber, as required to be determined by reporting. cooling cycle are required. § 63.496(b)(3), including the test results (a) The owner or operator of an * * * * * of the analysis; affected source with back-end process (c) The owner or operator shall (2) The total quantity of material operations shall submit the information establish a level, defined as either a (weight of latex or dry crumb rubber) required in paragraphs (a)(1) through maximum or minimum operating processed during the test run, recorded (a)(3) of this section, for each back-end parameter, that indicates proper in accordance with § 63.496(b)(4); process operation at the affected source, operation of the control or recovery (3) The organic HAP emissions at the as part of the Notification of Compliance device for each parameter monitored inlet and outlet of the control or Status specified in § 63.506(e)(5). recovery device, determined in under paragraphs (a)(1) through (a)(6) of (1) The type of elastomer product accordance with § 63.496(b)(5) through this section. This level is determined in processed in the back-end operation. accordance with § 63.505. The (b)(8), including all test results and (2) The type of process (solution established level, along with supporting calculations. process, emulsion process, etc.) documentation, shall be submitted in (4) The residual organic HAP content, the Notification of Compliance Status or adjusted for the control or recovery (3) If the back-end process operation the operating permit application, as device emission reduction, determined is subject to an emission limitation in required in § 63.506(e)(5) or (e)(8), in accordance with § 63.496(c)(1). § 63.494(a), whether compliance will be respectively. The owner or operator (5) Each owner or operator using a achieved by stripping technology, or by shall operate control and recovery control or recovery device shall keep the control or recovery devices. devices so that the daily average value following records readily accessible: (b) * * * is above or below the established level, (i) Continuous records of the (2) For organic HAP content/stripper as required, to ensure continued equipment operating parameters monitoring parameter re- compliance with the standard, except as specified to be monitored under determinations, and the addition of new otherwise stated in this subpart. § 63.497(a) or specified by the grades, the information specified in Administrator in accordance with (d) The owner or operator of an § 63.498(c)(1) shall be submitted in the § 63.497(b). For flares, the records next periodic report specified in affected source with a controlled back- specified in Table 6 shall be maintained end process vent using a vent system § 63.506(e)(6). in place of continuous records. (c) Each owner or operator of an that contains bypass lines that could (ii) * * * divert a vent stream away from the (B) Monitoring data recorded during affected source with a back-end process control or recovery device used to periods of monitoring system operation control or recovery device comply with § 63.494(a) shall comply breakdowns, repairs, calibration checks, that shall comply with an emission with paragraph (d)(1) or (d)(2) of this and zero (low-level) and high-level limitation in § 63.494(a) shall submit the section. Equipment such as low leg adjustments shall not be included in information specified in paragraphs drains, high point bleeds, analyzer computing the hourly or daily averages. (c)(1) through (c)(3) of this section as vents, open-ended valves or lines, and In addition, monitoring data recorded part of the Notification of Compliance pressure relief valves needed for safety during periods of non-operation of the Status specified in § 63.506(e)(5). purposes are not subject to this EPPU (or specific portion thereof) * * * * * paragraph. resulting in cessation of organic HAP (3) The information specified in * * * * * emissions or during periods of start-up, paragraphs (c)(3)(i) when using a flare, 20. Section 63.498 is amended by shutdown, or malfunction shall not be and the information specified in revising paragraphs (a), (d) introductory included in computing the hourly or paragraph (c)(3)(ii) of this section when text, (d)(1) through (d)(4), (d)(5) daily averages. Records shall be kept of using a boiler or process heater. introductory text, (d)(5)(i), (d)(5)(ii)(B), the times and durations of all such (i) The flare design (i.e., steam- (d)(5)(iv) introductory text, and periods and any other periods of process assisted, air-assisted, or non-assisted); (d)(5)(iv)(A); and removing and or control device operation when all visible emission readings, heat reserving paragraph (d)(5)(iv)(B), to read monitors are not operating. content determinations, flow rate as follows: * * * * * measurements, and exit velocity (iv) Where a seal mechanism is used determinations made during the § 63.498 Back-end process provisionsÐ to comply with § 63.497(d)(2), hourly compliance determination; and all recordkeeping. records of flow are not required. periods during the compliance (a) Each owner or operator shall (A) For compliance with determination when the pilot flame is maintain the records specified in § 63.497(d)(2), the owner or operator absent.

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(ii) A description of the location at testing. This description shall include, day as specified in § 63.152(f), owners which the vent stream is introduced at a minimum, an identification of the and operators shall instead keep records into the boiler or process heater. sulfur containing shortstop agent added of the daily average value of each (d) Whenever a process change, as to the styrene butadiene rubber prior to continuously monitored parameter as defined in § 63.496(d), is made that the dryers, an identification of the point specified in § 63.506(d), for the causes the redetermination of the and time in the process where the sulfur purposes of this subpart. compliance status for the back-end containing shortstop agent is added, and (6) When §§ 63.132 through 63.149 process operations, the owner or an identification of the amount of sulfur refer to an ‘‘existing source,’’ the term operator shall submit a report within containing shortstop agent added per ‘‘existing affected source,’’ as defined in 180 days after the process change as unit of latex. § 63.480(a)(3) shall apply, for the specified in § 63.506(e)(7)(iii). The * * * * * purposes of this subpart. report shall include: 23. Section 63.501 is amended by (7) When §§ 63.132 through 63.149 * * * * * revising paragraphs (a), (b), and (c)(1); refer to a ‘‘new source,’’ the term ‘‘new 22. Section 63.500 is amended by and removing paragraph (d), to read as affected source,’’ as defined in revising paragraphs (a)(3), (c)(1) follows: § 63.480(a)(4) shall apply, for the introductory text, (c)(1)(iii) introductory purposes of this subpart. § 63.501 Wastewater provisions. (8) Whenever §§ 63.132 through text, (c)(2) introductory text, and (d)(2), 63.149 refer to a ‘‘chemical to read as follows: (a) Except as specified in paragraph (c) of this section, the owner or operator manufacturing process unit,’’ the term § 63.500 Back-end process provisionsÐ of each affected source shall comply ‘‘elastomer product process unit,’’ (or carbon disulfide limitations for styrene with the requirements of §§ 63.132 EPPU) as defined in § 63.482, shall butadiene rubber by emulsion processes. through 63.147 for each process apply for the purposes of this subpart. (a) * * * wastewater stream originating at an In addition, when § 63.149 refers to ‘‘a (3) The owner or operator shall affected source, with the requirements chemical manufacturing process unit operate the process in accordance with of § 63.148 for leak inspection that meets the criteria of § 63.100(b) of a validated standard operating provisions, and with the requirements subpart F of this part,’’ the term ‘‘an procedure at all times when styrene of § 63.149 for equipment that is subject EPPU as defined in § 63.482(b)’’ shall butadiene rubber is being produced to § 63.149, with the differences noted apply for the purposes of this subpart. using a sulfur containing shortstop in paragraphs (a)(1) through (a)(23) of (9) When § 63.132(a) and (b) refer to agent. If a standard operating procedure this section. Further, the owner or the ‘‘applicable dates specified in is changed, it shall be re-validated. operator of each affected source shall § 63.100 of subpart F of this part,’’ the * * * * * comply with the requirements of compliance dates specified in § 63.481 (c) * * * § 63.105(a) for maintenance wastewater, shall apply, for the purposes of this (1) The owner or operator may choose as specified in paragraph (b) of this subpart. to conduct a performance test, using the section. (10) When §§ 63.132 through 63.149 procedures in paragraphs (c)(1)(i) (1) When the determination of refer to Table 9 or Table 36 of subpart through (c)(1)(iii) of this section to equivalence criteria in § 63.102(b) is G of this part, the owner or operator is demonstrate compliance with the referred to in §§ 63.132, 63.133, and only required to consider organic HAP carbon disulfide concentration 63.137, the provisions in § 63.6(g) shall listed in Table 9 or Table 36 of subpart limitation in paragraph (a) of this apply for the purposes of this subpart. G of this part that are also listed on section. One test shall be conducted for (2) When the storage vessel Table 5 of this subpart, for the purposes each standard operating procedure. requirements contained in §§ 63.119 of this subpart. Owners and operators through 63.123 are referred to in are exempt from all requirements in * * * * * §§ 63.132 through 63.149, §§ 63.119 §§ 63.132 through 63.149 that pertain (iii) To determine compliance with through 63.123 are applicable, with the solely and exclusively to organic HAP the carbon disulfide concentration limit exception of the differences referred to listed on Table 8 of subpart G of this in paragraph (a) of this section, the in § 63.484, for the purposes of this subpart. In addition, when §§ 63.132 owner or operator shall use Method 18 subpart. through 63.149 refer to List 1, List 2, or Method 25A of 40 CFR part 60, (3) Owners and operators of affected and/or List 3, as listed in Table 36 of appendix A to measure carbon sources are not required to comply with subpart G of this part, the owner or disulfide. Alternatively, any other the requirements in § 63.132(b)(1) and operator is only required to consider method or data that has been validated § 63.132(d). Owners and operators of organic HAP that are also listed on according to the applicable procedures new affected sources, as defined in this Table 5 of this subpart, for the purposes in Method 301, 40 CFR part 63, subpart, shall comply with the of this subpart. appendix A, may be used. The following requirements for existing sources in (11) Whenever §§ 63.132 through procedures shall be used to calculate §§ 63.132 through 63.149. 63.147 refer to a Group 1 wastewater carbon disulfide concentration: (4) When § 63.146(a) requires the stream or a Group 2 wastewater stream, * * * * * submission of a request for approval to the definitions of these terms contained (2) The owner or operator may use monitor alternative parameters in § 63.482 shall apply, for the purposes engineering assessment to demonstrate according to the procedures specified in of this subpart. compliance with the carbon disulfide § 63.151(g) or § 63.152(e), owners or (12) When § 63.149(d) refers to concentration limitation in paragraph operators requesting to monitor ‘‘§ 63.100(f) of subpart F’’ the phrase (a) of this section. Engineering alternative parameters shall follow the ‘‘§ 63.480(c)’’ shall apply for the assessment includes, but is not limited procedures specified in § 63.506(g), for purposes of this subpart. In addition, to, the following: the purposes of this subpart. where § 63.149(d) states ‘‘and the item * * * * * (5) When § 63.147(d) requires owners of equipment is not otherwise exempt (d) * * * or operators to keep records of the daily from controls by the provisions of (2) A description of the standard average value of each continuously subparts A, F, G, or H of this part’’, the operating procedure used during the monitored parameter for each operating phrase ‘‘and the item of equipment is

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11636 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules not otherwise exempt from controls by (19) For the purposes of this subpart, owner or operator of each affected the provisions of subparts A, F, G, H, or the owner or operator of an affected source shall comply with the U of this part,’’ shall apply for the source is not required to include process requirements for maintenance purposes of this subpart. wastewater streams that contain styrene wastewater in § 63.105, except that (13) When § 63.149(e)(1) and (e)(2) when conducting performance tests for when § 63.105(a) refers to ‘‘organic refer to ‘‘a chemical manufacturing the purposes of calculating the required HAPs,’’ the definition of organic HAP in process unit subject to the new source mass removal (RMR) or the actual mass § 63.482 shall apply for the purposes of requirements of 40 CFR 63.100(l)(1) or removal (AMR) under the provisions this subpart. 40 CFR § 63.100 (l)(2),’’ the phrase ‘‘an described in § 63.145(f) or § 63.145(g). (c) * * * EPPU that is part of a new affected For purposes of this paragraph, a (1) Back-end wastewater streams source or that is a new affected source,’’ process wastewater stream is considered originating from equipment whose only shall apply for the purposes of this to contain styrene if the wastewater elastomer products are latex products. subpart. stream meets the requirements in * * * * * (14) When the Notification of paragraph (a)(19)(i), (ii), or (iii) of this 24. Section 63.502 is amended by Compliance Status requirements section: revising the section title and paragraphs contained in § 63.152(b) are referred to (i) The wastewater stream originates (a), (b) introductory text, (b)(1), (b)(2), in §§ 63.138 and 63.146, the Notification at equipment that produces styrene (b)(3), (b)(5), (b)(6), (b)(7), (c), (d), (e), (f), of Compliance Status requirements butadiene rubber by solution; (g), (h), (i), and (j); and adding contained in § 63.506(e)(5) shall apply (ii) The wastewater stream originates paragraphs (k), (l), (m), and (n), to read for the purposes of this subpart. In at equipment that produces styrene as follows: addition, when §§ 63.138 and 63.146 butadiene rubber by emulsion; or require that information be reported (iii) The wastewater stream originates § 63.502 Equipment leak and heat according to § 63.152(b) in the at equipment that produces styrene exchange system provisions. Notification of Compliance Status, butadiene latex. (a) Equipment leak provisions. The owners or operators of affected sources (20) When the provisions of owner or operator of each affected shall report the specified information in § 63.139(c)(1)(ii), § 63.145(d)(4), or source, shall comply with the the Notification of Compliance Status § 63.145(i)(2) specify that Method 18, 40 requirements of subpart H of this part, required by § 63.506(e)(5), for the CFR part 60, appendix A shall be used, with the exceptions noted in paragraphs purposes of this subpart. Method 18 or Method 25A, 40 CFR part (b) through (m) of this section. (15) When the Periodic Report 60, appendix A may be used for the (b) Surge control vessels and bottoms requirements contained in § 63.152(c) purposes of this subpart. The use of receivers described in paragraphs (b)(1) are referred to in § 63.146, the Periodic Method 25A, 40 CFR part 60, appendix through (b)(7) of this section are exempt Report requirements contained in A shall conform with the requirements from the requirements contained in § 63.506(e)(6) shall apply for the in paragraphs (a)(20)(i) and (a)(20)(ii) of § 63.170. purposes of this subpart. In addition, this section. (1) Surge control vessels and bottoms (i) The organic HAP used as the when § 63.146 requires that information receivers that receive only styrene- calibration gas for Method 25A, 40 CFR be reported in the Periodic Reports butadiene latex; part 60, appendix A shall be the single required in § 63.152(c), owners or (2) Surge control vessels and bottoms organic HAP representing the largest operators of affected sources shall report receivers that receive latex products percent by volume of the emissions. other than styrene-butadiene latex, the specified information in the Periodic (ii) The use of Method 25A, 40 CFR located downstream of the stripping Reports required in § 63.506(e)(6), for part 60, appendix A is acceptable if the operations; the purposes of this subpart. response from the high-level calibration (3) Surge control vessels and bottoms (16) When the term ‘‘range’’ is used in gas is at least 20 times the standard receivers that receive only high §§ 63.132 through 63.149, the term deviation of the response from the zero conversion latex products; ‘‘level’’ shall apply instead, for the calibration gas when the instrument is purposes of this subpart. This level shall zeroed on the most sensitive scale. * * * * * be determined using the procedures (21) In § 63.145(j), instead of the (5) Surge control vessels and bottoms specified in § 63.505. reference to § 63.11(b), and instead of receivers that receive only styrene; (17) When § 63.143(f) specifies that § 63.145(j)(1) and § 63.145(j)(2), the (6) Surge control vessels and bottoms owners or operators shall establish the requirements in § 63.504(c) shall apply. receivers that receive only acrylamide; range that indicates proper operation of (22) The owner or operator of a and the treatment process or control device, facility which receives a Group 1 (7) Surge control vessels and bottoms the owner or operator shall instead wastewater stream, or a residual receivers that receive only comply with the requirements of removed from a Group 1 wastewater epichlorohydrin. § 63.505(b)(1), (c), or (d) for establishing stream, for treatment pursuant to (c) The compliance date for the parameter level maximums/minimums, § 63.132(g) is subject to the equipment leak provisions in this for the purposes of this subpart. requirements of § 63.132(g) with the section is provided in § 63.481(d). (18) When § 63.146(b)(7) and differences identified in this section, Whenever subpart H of this part refers § 63.146(b)(8) require that ‘‘the and is not subject to subpart DD of this to the compliance dates specified in any information on parameter ranges part, with respect to the received paragraph contained in § 63.100, the specified in § 63.152(b)(2)’’ be reported material. compliance dates listed in § 63.481(d) in the Notification of Compliance (23) When § 63.132(g) refers to shall instead apply, for the purposes of Status, owners and operators of affected ‘‘§§ 63.133 through 63.137’’ or this subpart. When § 63.182(c)(4) refers sources are instead required to report ‘‘§§ 63.133 through 63.147’’, the to ‘‘sources subject to subpart F,’’ the the information on parameter levels in provisions in this section 63.501 shall phrase ‘‘sources subject to this subpart’’ the Notification of Compliance Status as apply, for the purposes of this subpart. shall apply, for the purposes of this specified in § 63.506(e)(5)(ii), for the (b) Except for those streams exempted subpart. In addition, extensions of purposes of this subpart. by paragraph (c) of this section, the compliance dates are addressed by

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§ 63.481(e) instead of by § 63.182(a)(6), (j) When the provisions of subpart H subpart G of this part, the owner or for the purposes of this subpart. of this part specify that Method 18, 40 operator is only required to consider (d) For an affected source producing CFR part 60, appendix A shall be used, organic HAP listed on Table 5 of this polybutadiene rubber or styrene either Method 18 or Method 25A, 40 subpart. butadiene rubber by solution, the CFR part 60, appendix A may be used (4) When § 63.104(c)(3) and conditions in paragraphs (d)(1), (d)(2), for the purposes of this subpart. The use § 63.104(f)(1) specify that the and (d)(3) of this section are applicable. of Method 25A, 40 CFR part 60, monitoring plan and records required by (1) Indications of liquids dripping, as appendix A shall conform with the § 63.104(f)(1)(i) through (f)(1)(iv) shall defined in subpart H of this part, from requirements in paragraphs (j)(1) and be kept as specified in § 63.103(c), the bleed ports in pumps and agitator seals (j)(2) of this section. provisions of § 63.506(a) and § 63.506(h) in light liquid service, shall not be (1) The organic HAP used as the shall apply for the purposes of this considered a leak. For the purposes of calibration gas for Method 25A, 40 CFR subpart. this subpart, a ‘‘bleed port’’ is a part 60, appendix A shall be the single (5) When § 63.104(f)(2) requires technologically-required feature of the organic HAP representing the largest information to be reported in the pump or seal whereby polymer fluid percent by volume of emissions. Periodic Reports required by § 63.152(c), used to provide lubrication and/or (2) The use of Method 25A, 40 CFR the owner or operator shall instead cooling of the pump or agitator shaft part 63, appendix A is acceptable if the report the information specified in exits the pump, thereby resulting in a response from the high-level calibration § 63.104(f)(2) in the Periodic Reports visible dripping of fluid. gas is at least 20 times the standard required by § 63.506(e)(6), for the (2) For reciprocating pumps in heavy deviation of the response from the zero purposes of this subpart. liquid service, owners and operators are calibration gas when the instrument is (6) The compliance date for heat not required to comply with the zeroed on the most sensitive scale. exchange systems subject to the requirements in § 63.169 and associated (k) An owner or operator using a flare provisions of this section is specified in recordkeeping and reporting to comply with the requirements of this § 63.481(d)(6). requirements. section shall conduct a compliance 25. Section 63.504 is revised (3) Reciprocating pumps in light demonstration as specified in (including the section title) to read as liquid service are exempt from § 63.163 § 63.504(c). follows: (l) When the term ‘‘equipment’’ is and associated recordkeeping and used in subpart H of this part, the § 63.504 Additional requirements for reporting requirements, if recasting the definition of this term in § 63.482(b) performance testing . distance piece or reciprocating pump shall apply for the purposes of this (a) Performance testing shall be replacement would be necessary to subpart. conducted in accordance with comply with that section. (m) The phrase ‘‘the provisions of § 63.7(a)(1), (a)(3), (d), (e)(1), (e)(2), (e) Owners and operators of an subparts F, I, or U of this part’’ shall (e)(4), (g), and (h), with the exceptions affected source subject to this subpart apply instead of the phrase ‘‘the specified in paragraphs (a)(1) through are not required to submit the Initial provisions of subpart F or I of this part’’ (a)(5) of this section and the additions Notification required by § 63.182(a)(1) throughout §§ 63.163 and 63.168, for the specified in paragraph (b) of this and § 63.182(b). purposes of this subpart. In addition, section. Sections 63.484 through 63.501 (f) As specified in § 63.506(e)(5), the the phrase ‘‘subparts F, I, and U’’ shall also contain specific testing Notification of Compliance Status apply instead of the phrase ‘‘subparts F requirements. required by § 63.182(a)(2) and and I’’ in § 63.174(c)(2)(iii), for the (1) Performance tests shall be § 63.182(c) shall be submitted within purposes of this subpart. conducted according to the provisions 150 days (rather than 90 days) of the (n) Heat exchange system provisions. of § 63.7(e)(1) and (e)(2), except that applicable compliance date specified in The owner or operator of each affected performance tests shall be conducted at § 63.481(d) for the equipment leak source shall comply with the maximum representative operating provisions. requirements of § 63.104 for heat conditions achievable during one of the (g) The information specified by exchange systems, with the exceptions time periods described in paragraph § 63.182(a)(3) and § 63.182(d) (i.e., noted in paragraphs (n)(1) through (n)(5) (a)(1)(i) of this section, without causing Periodic Reports) shall be submitted as of this section. any of the situations described in part of the Periodic Reports required by (1) When the term ‘‘chemical paragraph (a)(1)(ii) of this section to § 63.506(e)(6). manufacturing process unit’’ is used in occur. (h) If specific items of equipment, § 63.104, the term ‘‘elastomer product (i) The 6-month period that ends 2 comprising part of a process unit subject process unit’’ (or EPPU) shall apply for months before the Notification of to this subpart, are managed by different the purposes of this subpart, with the Compliance Status is due, according to administrative organizations (e.g., exception noted in paragraph (n)(2) of § 63.506(e)(5); or the 6-month period different companies, affiliates, this section. that begins 3 months before the departments, divisions, etc.), those (2) When the phrase ‘‘a chemical performance test and ends 3 months items of equipment may be aggregated manufacturing process unit meeting the after the performance test. with any EPPU within the affected conditions of § 63.100(b)(1) through (ii) Causing damage to equipment; source for all purposes under subpart H (b)(3) of this subpart, except for necessitating that the owner or operator of this part, providing there is no delay chemical manufacturing process units make product that does not meet an in achieving the applicable compliance meeting the condition specified in existing specification for sale to a date. § 63.100(c) of this subpart’’ is used in customer; or necessitating that the (i) When § 63.166(b)(4)(i) refers to § 63.104(a), the term ‘‘an EPPU, except owner or operator make product in Table 9 of subpart G of this part, the for EPPUs meeting the condition excess of demand. owner or operator is only required to specified in § 63.480(b)’’ shall apply for (2) References in § 63.7(g) to the consider organic HAP listed on Table 9 the purposes of this subpart. Notification of Compliance Status of subpart G of this subpart that are also (3) When § 63.104 refers to Table 4 of requirements in § 63.9(h) shall refer to listed on Table 5 of this subpart. subpart F of this part or Table 9 of the requirements in § 63.506(e)(5).

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(3) Because the site-specific test plans techniques specified in § 63.11(b)(6); provisions of subparts A, F, G, or H of in § 63.7(c)(3) are not required, and this part. § 63.7(h)(4)(ii) is not applicable. (3) Determine the exit velocity using (b) Establishment of parameter (4) The owner or operator shall notify the techniques specified in either monitoring levels based exclusively on the Administrator of the intent to § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), performance tests. In cases where a conduct a performance test at least 30 where applicable) or § 63.11(b)(8), as performance test is required by this days before the performance test is appropriate. subpart, or the owner or operator of the scheduled, to allow the Administrator 26. Section 63.505 is amended by: affected source elects to do a the opportunity to have an observer a. Revising paragraphs (a), (b) performance test in accordance with the present during the test. If after 30 days introductory text, (b)(2), (b)(3) provisions of this subpart, and an owner notice for an initially scheduled introductory text, (b)(3)(i)(A) through or operator elects to establish a performance test, there is a delay (due (b)(3)(i)(D), (b)(3)(ii), (c), (d), (e) parameter monitoring level for a control, to operational problems, etc.) in introductory text, (e)(3), (g)(1) recovery, or recapture device based conducting the scheduled performance introductory text, (g)(1)(ii), (g)(1)(iii), exclusively on parameter values test, the owner or operator of an affected (g)(2) introductory text, (g)(2)(ii), (h)(1) measured during the performance test, facility shall notify the Administrator as introductory text, and (h)(2) the owner or operator of the affected soon as possible of any delay in the introductory text; source shall comply with the original test date, either by providing at b. Removing and reserving paragraphs procedures in paragraphs (b)(1) through least 7 days prior notice of the (b)(1) and (f); (b)(4) of this section, as applicable. rescheduled date of the performance c. Removing paragraph (b)(3)(i)(E); (1) [Reserved.] (2) Back-end process operations using test, or by arranging a rescheduled date and a control or recovery device to comply with the Administrator by mutual d. Adding paragraphs (g)(1)(v) and with §§ 63.493 through 63.500 and agreement. (g)(3), to read as follows: continuous front-end process vents. (5) Performance tests shall be § 63.505 Parameter monitoring levels and During initial compliance testing, the performed no later than 150 days after excursions. appropriate parameter shall be the compliance dates specified in this (a) Establishment of parameter continuously monitored during the subpart (i.e., in time for the results to be monitoring levels. The owner or required 1-hour runs. The monitoring included in the Notification of operator of a control or recovery device level(s) shall then be established as the Compliance Status), rather than that has one or more parameter average of the maximum (or minimum) according to the time periods in monitoring level requirements specified point values from the three test runs. § 63.7(a)(2). under this subpart shall establish a The average of the maximum values (b) Data shall be reduced in maximum or minimum level for each shall be used when establishing a accordance with the EPA approved measured parameter. If a performance maximum level, and the average of the methods specified in the applicable test is required by this subpart for a minimum values shall be used when subpart or, if other test methods are control device, the owner or operator establishing a minimum level. used, the data and methods shall be shall use the procedures in either (3) Batch front-end process vents. The validated according to the protocol in paragraph (b) or (c) of this section to monitoring level(s) shall be established Method 301, 40 CFR part 63, appendix establish the parameter monitoring using the procedures specified in either A of this part. level(s). If a performance test is not paragraph (b)(3)(i) or (b)(3)(ii) of this (c) Notwithstanding any other required by this subpart for a control section. The procedures specified in this provision of this subpart, if an owner or device, the owner or operator may use paragraph (b)(3) may only be used if the operator of an affected source uses a the procedures in paragraph (b), (c), or batch emission episodes, or portions flare to comply with any of the (d) of this section to establish the thereof, selected to be controlled were requirements of this subpart, the owner parameter monitoring levels. When tested, and monitoring data were or operator shall comply with using the procedures specified in collected, during the entire period in paragraphs (c)(1) through (c)(3) of this paragraph (c) or (d) of this section, the which emissions were vented to the section. The owner or operator is not owner or operator shall submit the control device, as specified in required to conduct a performance test information specified in § 63.490(c)(1)(i). If the owner or operator to determine percent emission reduction § 63.506(e)(3)(vii) for review and chose to test only a portion of the batch or outlet organic HAP or TOC approval, as part of the Precompliance emission episode, or portion thereof, concentration. If a compliance Report. selected to be controlled, the procedures demonstration has been conducted (1) The owner or operator shall in paragraph (c) of this section shall be previously for a flare, using the operate control and recovery devices used. techniques specified in paragraphs (c)(1) such that the daily average of monitored (i) * * * through (c)(3) of this section, that parameters remains above the minimum (A) The average monitored parameter compliance demonstration may be used established level or below the maximum value shall be calculated for each batch to satisfy the requirements of this established level, except as otherwise emission episode, or portion thereof, in paragraph if either no deliberate process stated in this subpart. the batch cycle selected to be controlled. changes have been made since the (2) As specified in § A63.506(e)(5), all The average shall be based on all values compliance demonstration, or the established levels, along with their measured during the required results of the compliance demonstration supporting documentation and the performance test. reliably demonstrate compliance despite definition of an operating day, shall be (B) If the level to be established is a process changes. submitted as part of the Notification of maximum operating parameter, the level (1) Conduct a visible emission test Compliance Status. shall be defined as the minimum of the using the techniques specified in (3) Nothing in this section shall be average parameter values of the batch § 63.11(b)(4); construed to allow a monitoring emission episodes, or portions thereof, (2) Determine the net heating value of parameter excursion caused by an in the batch cycle selected to be the gas being combusted, using the activity that violates other applicable controlled (i.e., identify the emission

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11639 episode, or portion thereof, which to establish a parameter monitoring hours during the period of operation do requires the lowest parameter value in level for a control, recovery, or not constitute a valid hour of data due order to assure compliance. The average recapture device under this paragraph to insufficient monitoring data, as parameter value that is necessary to (d), the determination of the parameter defined in paragraph (g)(1)(iv) of this assure compliance for that emission monitoring level shall be based section. episode, or portion thereof, shall be the exclusively on engineering assessments * * * * * level for all emission episodes, or and/or manufacturer’s (v) The periods listed in paragraphs portions thereof, in the batch cycle, that recommendations. (g)(1)(v)(A) through (g)(1)(v)(E) of this are selected to be controlled). (e) Demonstration of compliance with section are not considered to be part of (C) If the level to be established is a back-end process provisions using the period of control or recovery device minimum operating parameter, the level stripper parameter monitoring. If the operation, for the purposes of shall be defined as the maximum of the owner or operator is demonstrating paragraphs (g)(1)(ii) and (g)(1)(iii) of this average parameter values of the batch compliance with § 63.495 using stripper section. emission episodes, or portions thereof, parameter monitoring, stripper (A) Monitoring system breakdowns, in the batch cycle selected to be parameter levels shall be established for repairs, calibration checks, and zero controlled (i.e., identify the emission each grade in accordance with (low-level) and high-level adjustments; episode, or portion thereof, which paragraphs (e)(1) and (e)(2) of this (B) Start-ups; requires the highest parameter value in section. A single set of stripper (C) Shutdowns; order to assure compliance. The average parameter levels may be representative (D) Malfunctions; or parameter value that is necessary to of multiple grades. (E) Periods of non-operation of the assure compliance for that emission * * * * * affected source (or portion thereof), episode, or portion thereof, shall be the (3) After the initial determinations, an resulting in cessation of the emissions to level for all emission episodes, or owner or operator may add a grade, with which the monitoring applies. portions thereof, in the batch cycle, that corresponding stripper parameter levels, (2) With respect to batch front-end are selected to be controlled). using the procedures in paragraphs process vents, an excursion means one (D) Alternatively, an average (e)(1) and (e)(2) of this section. The of the two cases listed in paragraphs monitored parameter value shall be results of this determination shall be (g)(2)(i) and (g)(2)(ii) of this section. For calculated for the entire batch cycle submitted in the next periodic report. a control device where multiple based on all values measured during * * * * * parameters are monitored, if one or each batch emission episode, or portion (f) [Reserved.] more of the parameters meets the thereof, selected to be controlled. (g) * * * excursion criteria in either paragraph (ii) Instead of establishing a single (1) With respect to storage vessels (g)(2)(i) or (g)(2)(ii) of this section, this level for the batch cycle, as described in (where the applicable monitoring plan is considered a single excursion for the paragraph (b)(3)(i) of this section, an specifies continuous monitoring), control device. For each excursion, the owner or operator may establish continuous front-end process vents, owner or operator shall be deemed out separate levels for each batch emission aggregate batch vent streams, back-end of compliance with the provisions of episode, or portion thereof, selected to process operations complying through this subpart, except as provided in be controlled. Each level shall be the use of control or recovery devices, paragraph (i) of this section. determined as specified in paragraph and process wastewater streams, an * * * * * (b)(3)(i)(A) of this section. excursion means any of the three cases (ii) When monitoring data are * * * * * listed in paragraphs (g)(1)(i) through insufficient for an operating day. (c) Establishment of parameter (g)(1)(iii) of this section. For a control or Monitoring data shall be considered monitoring levels based on performance recovery device where multiple insufficient when measured values are tests, supplemented by engineering parameters are monitored, if one or not available for at least 75 percent of assessments and/or manufacturer’s more of the parameters meets the the 15-minute periods when batch recommendations. In cases where a excursion criteria in paragraphs (g)(1)(i) emission episodes selected to be performance test is required by this through (g)(1)(iii) of this section, this is controlled are being vented to the subpart, or the owner or operator elects considered a single excursion for the control device during the operating day, to do a performance test in accordance control or recovery device. For each using the procedures specified in with the provisions of this subpart, and excursion, the owner or operator shall paragraphs (g)(2)(ii)(A) through the owner or operator elects to establish be deemed out of compliance with the (g)(2)(ii)(D) of this section. a parameter monitoring level for a provisions of this subpart, except as (A) Determine the total amount of control, recovery, or recapture device provided in paragraph (i) of this section. time during the operating day when under this paragraph (c), the owner or * * * * * batch emission episodes selected to be operator shall supplement the parameter (ii) When the period of control or controlled are being vented to the values measured during the recovery device operation, with the control device. performance test with engineering exception noted in paragraph (g)(1)(v) of (B) Subtract the time during the assessments and/or manufacturer’s this section, is 4 hours or greater in an periods listed in paragraphs recommendations. Performance testing operating day and monitoring data are (g)(2)(ii)(B)(1) through (g)(2)(ii)(B)(4) of is not required to be conducted over the insufficient, as defined in paragraph this section from the total amount of entire range of expected parameter (g)(1)(iv) of this section, to constitute a time determined in paragraph values. valid hour of data for at least 75 percent (g)(2)(ii)(A) of this section, to obtain the (d) Establishment of parameter of the operating hours. operating time used to determine if monitoring based on engineering (iii) When the period of control or monitoring data are insufficient. assessments and/or manufacturer’s recovery device operation, with the (1) Monitoring system breakdowns, recommendations. In cases where a exception noted in paragraph (g)(1)(v) of repairs, calibration checks, and zero performance test is not required by this this section, is less than 4 hours in an (low-level) and high-level adjustments; subpart and an owner or operator elects operating day and more than two of the (2) Start-ups;

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(3) Shutdowns; or or operator shall be deemed out of least 5 years, as specified in paragraph (4) Malfunctions. compliance with the provisions of this (a)(1) of this section, with the exception (C) Determine the total number of 15- subpart, except as provided in listed in paragraph (a)(2) of this section. minute periods in the operating time paragraph (i) of this section. (1) All applicable records shall be used to determine if monitoring data are * * * * * maintained in such a manner that they insufficient, as was determined in (2) With respect to back-end process can be readily accessed. The most recent accordance with paragraph (g)(2)(ii)(B) operations complying through the use of 6 months of records shall be retained on of this section. stripping technology, and demonstrating site or shall be accessible from a central (D) If measured values are not compliance by stripper parameter location by computer or other means available for at least 75 percent of the monitoring, an excursion means one of that provide access within 2 hours after total number of 15-minute periods the three cases listed in paragraphs a request. The remaining 4 and one-half determined in paragraph (g)(2)(ii)(C) of (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of this years of records may be retained offsite. this section, the monitoring data are section. For each excursion, the owner Records may be maintained in hard insufficient for the operating day. or operator shall be deemed out of copy or computer-readable form (3) For storage vessels where the compliance with the provisions of this including, but not limited to, on applicable monitoring plan does not subpart, except as provided in microfilm, computer, floppy disk, specify continuous monitoring, an paragraph (i) of this section. magnetic tape, or microfiche. excursion is defined in paragraph * * * * * (2) If an owner or operator submits (g)(3)(i) or (ii) of this section, as 27. Section 63.506 is amended by: copies of reports to the appropriate EPA applicable. For a control or recovery a. Revising paragraphs (a), (b)(1), Regional Office, the owner or operator is device where multiple parameters are (b)(2), (d) introductory text, (d)(2), not required to maintain copies of monitored, if one or more of the (d)(3), (d)(6), (d)(7), (d)(8), (d)(9), (e) reports. If the EPA Regional Office has parameters meets the excursion criteria, introductory text, (e)(1), (e)(2), (e)(3), waived the requirement of this is considered a single excursion for (e)(4) introductory text, (e)(4)(i), (e)(4)(ii) § 63.10(a)(4)(ii) for submittal of copies of the control or recovery device. For each introductory text, (e)(4)(ii)(B), reports, the owner or operator is not excursion, the owner or operator shall (e)(4)(ii)(D), (e)(4)(ii)(F)(1), required to maintain copies of those be deemed out of compliance with the (e)(4)(ii)(F)(2), (e)(4)(ii)(F)(4), reports. provisions of this subpart, except as (e)(4)(ii)(F)(5), (e)(4)(ii)(G)(1), (b) * * * provided in paragraph (i) of this section. (e)(4)(ii)(H)(2), (e)(4)(ii)(H)(3)(i), (1) Start-up, shutdown, and (i) If the monitoring plan specifies (e)(4)(ii)(H)(4)(i), (e)(4)(ii)(I), (e)(4)(ii)(J), malfunction plan. The owner or monitoring a parameter and recording (e)(4)(ii)(K), (e)(4)(ii)(L)(2), (e)(4)(iii), operator of an affected source shall its value at specific intervals (such as (e)(4)(iv) introductory text, (e)(4)(iv)(A) develop and implement a written start- every 15 minutes or every hour), either introductory text, (e)(4)(iv)(B) up, shutdown, and malfunction plan as of the cases listed in paragraph introductory text, (e)(4)(iv)(C), (e)(5) specified in § 63.6(e)(3). This plan shall describe, in detail, procedures for (g)(3)(i)(A) or (g)(3)(i)(B) of this section introductory text, (e)(5)(i) introductory operating and maintaining the affected is considered a single excursion for the text, (e)(5)(i)(A), (e)(5)(ii) introductory source during periods of start-up, control device. text, (e)(5)(iii), (e)(5)(v), (e)(5)(vii) shutdown, and malfunction and a (A) When the average value of one or through (e)(5)(ix), (e)(6) introductory program for corrective action for more parameters, averaged over the text, (e)(6)(i), (e)(6)(ii), (e)(6)(iii)(A), malfunctioning process and air duration of the filling period for the (e)(6)(iii)(B), (e)(6)(iii)(D) introductory pollution control equipment used to storage vessel, is above the maximum text, (e)(6)(iii)(D)(2), (e)(6)(iii)(D)(3), comply with this subpart. A provision level or below the minimum level (e)(6)(iii)(D)(4), (e)(6)(iv), (e)(6)(v)(B), for ceasing to collect, during a start-up, established for the given parameters. (e)(6)(vi) through (e)(6)(xi), (e)(7), (e)(8), shutdown, or malfunction, monitoring (B) When monitoring data are (f) introductory text, (f)(3) introductory insufficient. Monitoring data shall be data that would otherwise be required text, (g) introductory text, (g)(1), by the provisions of this subpart may be considered insufficient when measured (g)(2)(ii)(D), (g)(3) introductory text, values are not available for at least 75 included in the start-up, shutdown, and (g)(3)(i)(A), (g)(4), (h) introductory text, malfunction plan only if the owner or percent of the specific intervals at (h)(1) introductory text, (h)(1)(ii)(B), which parameters are to be monitored operator has demonstrated to the (h)(1)(iv), (h)(1)(vi) introductory text, Administrator, through the and recorded, according to the storage (h)(1)(vi)(B), (h)(1)(vi)(C), (h)(2)(i), vessel’s monitoring plan, during the Precompliance Report or a supplement (h)(2)(iii), and (h)(2)(iv)(A); to the Precompliance Report, that the filling period for the storage vessel. b. Removing paragraphs (b)(1)(i)(D), monitoring system would be damaged (ii) If the monitoring plan does not and (d)(10); specify monitoring a parameter and c. Removing and reserving paragraphs or destroyed if it were not shut down recording its value at specific intervals (c), (d)(4), (d)(5), (e)(5)(iv), and during the start-up, shutdown, or (for example, if the relevant operating (e)(6)(iii)(C); and malfunction. The affected source shall requirement is to exchange a disposable d. Adding paragraphs (e)(4)(ii)(N), keep the start-up, shutdown, and carbon canister before expiration of its (e)(4)(iv)(D), (e)(5)(x) through (e)(5)(xii), malfunction plan on-site. Records rated service life), the monitoring plan (e)(6)(iii)(D)(5), (e)(6)(xii), (e)(7)(iv), associated with the plan shall be kept as shall define an excursion in terms of the (e)(7)(v), and (h)(1)(vi)(D), to read as specified in paragraphs (b)(1)(i)(A) relevant operating requirement. follows: through (b)(1)(i)(C) of this section. (h) * * * Reports related to the plan shall be (1) With respect to back-end process § 63.506 General recordkeeping and submitted as specified in paragraph operations complying through the use of reporting provisions. (b)(1)(ii) of this section. stripping technology, and demonstrating (a) Data retention. Unless otherwise (i) Records of start-up, shutdown, and compliance by sampling, an excursion specified in this subpart, the owner or malfunction. The owner or operator means one of the two cases listed in operator of an affected source shall keep shall keep the records specified in paragraphs (h)(1)(i) and (h)(1)(ii) of this copies of all applicable records and paragraphs (b)(1)(i)(A) through section. For each excursion, the owner reports required by this subpart for at (b)(1)(i)(C) of this section. 1

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(A) Records of the occurrence and as provided in paragraph (h) of this operating day are above the minimum duration of each start-up, shutdown, section. If a monitoring plan for storage level or below the maximum level and malfunction of operation of process vessels pursuant to § 63.484(k) requires established in the Notification of equipment or control devices or continuous records, the monitoring plan Compliance Status or operating permit, recovery devices or continuous shall specify which provisions, if any, of the owner or operator may record that monitoring systems used to comply paragraphs (d)(1) through (d)(7) of this all values were above the minimum with this subpart during which excess section apply. As described in level or below the maximum level rather emissions (as defined in § 63.480(j)(4)) § 63.484(k), certain storage vessels are than calculating and recording a daily occur. not required to keep continuous records average (or batch cycle daily average) for (B) For each start-up, shutdown, or as specified in this paragraph. Owners that operating day. malfunction during which excess and operators of such storage vessels (7) Monitoring data recorded during emissions (as defined in § 63.480(j)(4)) shall keep records as specified in the periods identified in paragraphs (d)(7)(i) occur, records reflecting whether the monitoring plan required by § 63.484(k). through (d)(7)(v) of this section shall not procedures specified in the affected Paragraphs (d)(8) and (d)(9) of this be included in any average computed source’s start-up, shutdown, and section specify documentation under this subpart. Records shall be malfunction plan were followed, and requirements. kept of the times and durations of all documentation of actions taken that are * * * * * such periods and any other periods not consistent with the plan. For (2) The owner or operator shall record during process or control device or example, if a start-up, shutdown, and either each measured data value or recovery device operation when malfunction plan includes procedures block average values for 1 hour or monitors are not operating. for routing a control device to a backup shorter periods calculated from all (i) Monitoring system breakdowns, control device, records shall be kept of measured data values during each repairs, calibration checks, and zero whether the plan was followed. These period. If values are measured more (low-level) and high-level adjustments; records may take the form of a frequently than once per minute, a (ii) Start-ups; ‘‘checklist,’’ or other form of (iii) Shutdowns; single value for each minute may be recordkeeping that confirms (iv) Malfunctions; or used to calculate the hourly (or shorter conformance with the start-up, (v) Periods of non-operation of the period) block average instead of all shutdown, and malfunction plan for the affected source (or portion thereof), measured values. Owners or operators event. resulting in cessation of the emissions to (C) Records specified in paragraphs of batch front-end process vents shall which the monitoring applies. (b)(1)(i)(A) through (b)(1)(i)(B) of this record each measured data value. (8) For continuous monitoring section are not required if they pertain (3) Daily average (or batch cycle daily systems used to comply with this solely to Group 2 emission points that average) values of each continuously subpart, records documenting the are not included in an emissions monitored parameter shall be calculated completion of calibration checks, and average. for each operating day as specified in records documenting the maintenance (ii) Reports of start-up, shutdown, and paragraphs (d)(3)(i) through (d)(3)(ii) of of continuous monitoring systems that malfunction. For the purposes of this this section, except as specified in are specified in the manufacturer’s subpart, the semiannual start-up, paragraphs (d)(6) and (d)(7) of this instructions or that are specified in shutdown, and malfunction reports section. other written procedures that provide shall be submitted on the same schedule (i) The daily average value or batch adequate assurance that the equipment as the Periodic Reports required under cycle daily average shall be calculated would reasonably be expected to paragraph (e)(6) of this section instead as the average of all parameter values monitor accurately. of the schedule specified in recorded during the operating day, (9) The owner or operator of an § 63.10(d)(5)(i). The reports shall except as specified in paragraph (d)(7) affected source granted a waiver under include the information specified in of this section. For batch front-end § 63.10(f) shall maintain the paragraphs (b)(1)(i)(A) through process vents, as specified in information, if any, specified by the (b)(1)(i)(B) of this section and shall § 63.491(e)(2)(i), only parameter values Administrator as a condition of the contain the name, title, and signature of measured during those batch emission waiver of recordkeeping or reporting the owner or operator or other episodes, or portions thereof, in the requirements. responsible official who is certifying its batch cycle that the owner or operator (e) Reporting and notification. In accuracy. has chosen to control shall be used to addition to the reports and notifications (2) Application for approval of calculate the average. The calculated required by subpart A, as specified in construction or reconstruction. For new average shall cover a 24-hour period if Table 1 of this subpart, the owner or affected sources, each owner or operator operation is continuous, or the number operator of an affected source shall shall comply with the provisions in of hours of operation per operating day prepare and submit the reports listed in § 63.5 regarding construction and if operation is not continuous. paragraphs (e)(3) through (e)(8) of this reconstruction, excluding the provisions (ii) The operating day shall be the section, as applicable. All reports specified in § 63.5(d)(1)(ii)(H), (d)(1)(iii), period that the owner or operator required by this subpart, and the (d)(2), and (d)(3)(ii). specifies in the operating permit or the schedule for their submittal, are listed (c) [Reserved.] Notification of Compliance Status for in Table 9 of this subpart. (d) Recordkeeping and purposes of determining daily average (1) Owners and operators shall not be documentation. Owners or operators values or batch cycle daily average in violation of the reporting required to keep continuous records values of monitored parameters. requirements of this subpart for failing shall keep records as specified in (4) [Reserved.] to submit information required to be paragraphs (d)(1) through (d)(7) of this (5) [Reserved.] included in a specified report if the section, unless an alternative (6) Records required when all owner or operator meets the recordkeeping system has been recorded values are within the requirements in paragraphs (e)(1)(i) requested and approved as specified in established limits. If all recorded values through (e)(1)(iii) of this section. paragraph (g) of this section, and except for a monitored parameter during an Examples of circumstances where this

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The Precompliance according to the procedures contained changes in methods or equipment for Report shall contain the information in § 63.505(c) or (d), the following monitoring, recordkeeping, or reporting. specified in paragraphs (e)(3)(ii) through information shall be submitted in the (i) The information was not known in (e)(3)(viii) of this section, as Precompliance Report: time for inclusion in the report specified appropriate. (A) Identification of which procedures by this subpart; (i) Submittal dates. The (i.e., § 63.505(c) or (d)) are to be used; (ii) The owner or operator has been Precompliance Report shall be and diligent in obtaining the information; submitted to the Administrator no later (B) A description of how the and than 12 months prior to the compliance parameter monitoring level is to be (iii) The owner or operator submits a date. Unless the Administrator objects established. If the procedures in report according to the provisions of to a request submitted in the § 63.505(c) are to be used, a description paragraphs (e)(1)(iii)(A) through Precompliance Report within 45 days of how performance test data will be (e)(1)(iii)(C) of this section. after its receipt, the request shall be used shall be included. (A) If this subpart expressly provides deemed approved. For new affected (viii) If the owner or operator is for supplements to the report in which sources, the Precompliance Report shall requesting approval to incorporate a the information is required, the owner be submitted to the Administrator with provision for ceasing to collect or operator shall submit the information the application for approval of monitoring data, during a start-up, as a supplement to that report. The construction or reconstruction required shutdown, or malfunction, into the information shall be submitted no later in paragraph (b)(2) of this section. start-up, shutdown, and malfunction than 60 days after it is obtained, unless Supplements to the Precompliance plan, when that monitoring equipment otherwise specified in this subpart. Report may be submitted as specified in would be damaged if it did not cease to (B) If this subpart does not expressly paragraph (e)(3)(ix) of this section. collect monitoring data, the information provide for supplements, but the owner (ii) A request for an extension for specified in paragraphs (e)(3)(viii)(A) or operator must submit a request for compliance, as specified in § 63.481(e), and (B) shall be supplied in the revision of an operating permit pursuant may be submitted in the Precompliance Precompliance Report or in a to part 70 or part 71, due to Report. The request for a compliance supplement to the Precompliance circumstances to which the information extension shall include the data Report. The Administrator shall pertains, the owner or operator shall outlined in § 63.6(i)(6)(i)(A), (B), and evaluate the supporting documentation submit the information with the request (D), as required in § 63.481(e)(1). and shall approve the request only if, in for revision to the operating permit. (iii) The alternative monitoring the Administrator’s judgment, the (C) In any case not addressed by parameter information required in specific monitoring equipment would paragraph (e)(1)(iii)(A) or (e)(1)(iii)(B) of paragraph (f) of this section shall be be damaged by the contemporaneous this paragraph, the owner or operator submitted in the Precompliance Report start-up, shutdown, or malfunction. shall submit the information with the if, for any emission point, the owner or (A) Documentation supporting a claim first Periodic Report, as required by this operator of an affected source seeks to that the monitoring equipment would be subpart, which has a submission comply through the use of a control damaged by the contemporaneous start- deadline at least 60 days after the technique other than those for which up, shutdown, or malfunction; and information is obtained. monitoring parameters are specified in (B) A request to incorporate such a (2) All reports required under this this subpart or in subpart G of this part, provision for ceasing to collect subpart shall be sent to the or seeks to comply by monitoring a monitoring data during a start-up, Administrator at the appropriate different parameter than those specified shutdown, or malfunction, into the address listed in § 63.13. If acceptable to in this subpart or in subpart G of this start-up, shutdown, and malfunction both the Administrator and the owner or part. plan. operator of a source, reports may be (iv) If the affected source seeks to (ix) Supplements to the submitted on electronic media. comply using alternative continuous Precompliance Report may be submitted (3) Precompliance Report. Owners or monitoring and recordkeeping as as specified in paragraph (e)(3)(ix)(A), or operators of affected sources requesting specified in paragraph (g) of this (e)(3)(ix)(B) of this section. Unless the an extension for compliance; requesting section, the owner or operator shall Administrator objects to a request approval to use alternative monitoring submit a request for approval in the submitted in a supplement to the parameters, alternative continuous Precompliance Report. Precompliance Report within 45 days monitoring and recordkeeping, or (v) The owner or operator shall report after its receipt, the request shall be alternative controls; requesting approval the intent to use alternative controls to deemed approved. to use engineering assessment to comply with the provisions of this (A) Supplements to the estimate emissions from a batch subpart in the Precompliance Report. Precompliance Report may be submitted emissions episode, as described in The Administrator may deem to clarify or modify information § 63.488(b)(6)(i); wishing to establish alternative controls to be equivalent to previously submitted. parameter monitoring levels according the controls required by the standard, (B) Supplements to the Precompliance to the procedures contained in under the procedures outlined in Report may be submitted to request § 63.505(c) or (d); or requesting approval § 63.6(g). approval to use alternative monitoring to incorporate a provision for ceasing to (vi) If a request for approval to use parameters, as specified in paragraph collect monitoring data, during a start- engineering assessment to estimate (e)(3)(iii) of this section; to use up, shutdown, or malfunction, into the emissions from a batch emissions alternative continuous monitoring and start-up, shutdown, and malfunction episode, as described in recordkeeping, as specified in paragraph plan, when that monitoring equipment § 63.488(b)(6)(i)(C) is being made, the (e)(3)(iv) of this section; to use

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The projected vent subject to § 63.485 controlled by a paragraph (e)(3)(vii) of this section; or to credits shall be greater than or equal to pollution prevention measure or control include a provision for ceasing to collect the projected debits, as required under technique for which monitoring monitoring data during a start-up, § 63.503(e)(3). parameters or inspection procedures are shutdown, or malfunction, in the start- * * * * * not specified in § 63.114; and up, shutdown, and malfunction plan, (D) The required information shall * * * * * when that monitoring equipment would include the specific identification of (H) * * * be damaged if it did not cease to collect each emission point affected by a (2) The required documentation shall monitoring data, as specified in pollution prevention measure. To be include the estimated values of all paragraph (e)(3)(viii) of this section. considered a pollution prevention parameters needed for input to the (4) Emissions Averaging Plan. For all measure, the criteria in § 63.503(j)(1) wastewater emission credit and debit existing affected sources using shall be met. If the same pollution calculations in § 63.503(g)(5) and (h)(5). emissions averaging, an Emissions prevention measure reduces or These parameter values shall be Averaging Plan shall be submitted for eliminates emissions from multiple specified in the affected source’s approval according to the schedule and emission points in the average, the Emissions Averaging Plan (or operating procedures described in paragraph owner or operator shall identify each of permit) as enforceable operating (e)(4)(i) of this section. The Emissions these emission points. conditions. Changes to these parameters Averaging Plan shall contain the shall be reported as required by information specified in paragraph * * * * * (F) * * * paragraph (e)(4)(iv)(B)(2) of this section. (e)(4)(ii) of this section, unless the (3) * * * information required in paragraph (1) The required documentation shall include the values of the parameters (i) A control technology that achieves (e)(4)(ii) of this section is submitted an emission reduction less than or equal with an operating permit application. used to determine whether the emission point is Group 1 or Group 2. Where a to the emission reduction that would An owner or operator of an affected otherwise have been achieved by a source who submits an operating permit TRE index value is used for continuous front-end process vent group stream stripper designed to the application instead of an Emissions specifications found in § 63.138(g) is or Averaging Plan shall submit the determination, the estimated or measured values of the parameters used will be applied to the wastewater information specified in paragraph (e)(8) stream, or of this section. In addition, a in the TRE equation in § 63.115(d) and supplement to the Emissions Averaging the resulting TRE index value shall be * * * * * Plan, as required under paragraph submitted. (4) * * * (i) A control technology that achieves (e)(4)(iii) of this section, is to be (2) The required documentation shall an emission reduction greater than the submitted whenever additional include the estimated values of all alternative controls or operating parameters needed for input to the emission reduction that would have scenarios may be used to comply with emission debit and credit calculations been achieved by a steam stripper this subpart. Updates to the Emissions in § 63.503(g) and (h). These parameter designed to the specifications found in Averaging Plan shall be submitted in values shall be specified in the affected § 63.138(g) is or will be applied to the accordance with paragraph (e)(4)(iv) of source’s Emissions Averaging Plan (or wastewater stream, or this section. operating permit) as enforceable * * * * * (i) Submittal and approval. The operating conditions. Changes to these (I) For each pollution prevention Emissions Averaging Plan shall be parameters shall be reported in an measure, treatment process, or control submitted no later than 18 months prior update to the Emissions Averaging Plan, device used to reduce air emissions of to the compliance date, and is subject to as required by paragraph (e)(4)(iv)(B)(2) organic HAP from wastewater and for Administrator approval. The of this section. which no monitoring parameters or Administrator shall determine within * * * * * inspection procedures are specified in 120 days whether the Emissions (4) The required documentation shall § 63.143, the information specified in Averaging Plan submitted presents include the anticipated nominal paragraph (f) of this section (Alternative sufficient information. The efficiency if a control technology Monitoring Parameters) shall be Administrator shall either approve the achieving a greater percent emission included in the Emissions Averaging Emissions Averaging Plan, request reduction than the efficiency of the Plan. changes, or request that the owner or reference control technology is or will (J) The required information shall operator submit additional information. be applied to the emission point. The include documentation of the data Once the Administrator receives procedures in § 63.503(i) shall be required by estimated values of all sufficient information, the followed to apply for a nominal parameters needed for input to the Administrator shall approve, efficiency, and the report specified in emission debit and credit calculations disapprove, or request changes to the paragraph (e)(7)(ii) of this section shall in § 63.503(g) and (h) for each process plan within 120 days. be submitted with the Emissions back-end operation included in an (ii) Information required. The Averaging Plan as specified in emissions average. These values shall be Emissions Averaging Plan shall contain paragraph (e)(7)(ii)(A) of this section. specified in the affected source’s the information listed in paragraphs (5) The required documentation shall Emissions Averaging Plan (or operating (e)(4)(ii)(A) through (e)(4)(ii)(N) of this include the monitoring plan specified in permit) as enforceable operating

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11644 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules conditions. Changes to these parameters update at least 120 days prior to making § 63.492 for batch front-end process shall be reported as required by the change. vents, § 63.499 for back-end process paragraph (e)(4)(iv)(B)(2) of this section. * * * * * operations, § 63.146 for process (K) The required information shall (B) The owner or operator who has wastewater, and § 63.503 for emission include documentation of the made a change as defined in paragraph points included in an emissions information required by § 63.503(k). The (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this average. In addition, the owner or documentation shall demonstrate that section shall submit an Emissions operator of an affected source shall the emissions from the emission points Averaging Plan update within 90 days comply with paragraphs (e)(5)(i)(A) and proposed to be included in the average after the information regarding the (e)(5)(i)(B) of this section. will not result in greater hazard or, at change is known to the affected source. (A) For performance tests, group the option of the Administrator, greater The update may be submitted in the determinations, and process section risk to human health or the environment next quarterly periodic report if the applicability determinations that are than if the emission points were not change is made after the date the based on measurements, the included in an emissions average. Notification of Compliance Status is Notification of Compliance Status shall (L) * * * due. include one complete test report, as * * * * * described in paragraph (e)(5)(i)(B) of (2) The required information shall (C) The owner or operator who plans this section, for each test method used include the estimated values of all to make a change listed in either for a particular kind of emission point. parameters needed for input to the paragraph (e)(4)(iv)(A)(1) or For additional tests performed for the emission debit and credit calculations (e)(4)(iv)(A)(2) of this section shall same kind of emission point using the in § 63.503(g) and (h). These parameter submit an Emissions Averaging Plan same method, the results and any other values shall be specified in the affected update at least 120 days prior to making information, from the test report, that is source’s Emissions Averaging Plan (or the change. requested on a case-by-case basis by the operating permit) as enforceable (D) The Administrator shall approve Administrator shall be submitted, but a operating conditions. Changes to these or request changes to the Emissions complete test report is not required. parameters shall be reported as required Averaging Plan update within 120 days * * * * * by paragraph (e)(4)(iv) of this section. of receipt of sufficient information * * * * * regarding the change for emission points (ii) For each monitored parameter for (N) The required information shall included in emissions averages. which a maximum or minimum level is include documentation of the data (5) Notification of Compliance Status. required to be established under required by § 63.503(k). The For existing and new affected sources, a § 63.114(e) and § 63.485(k) for documentation shall demonstrate that Notification of Compliance Status shall continuous front-end process vents, the emissions from the emission points be submitted. For equipment leaks § 63.489 for batch front-end process proposed to be included in the subject to § 63.502, the owner or vents and aggregate batch vent streams, emissions average will not result in operator shall submit the information § 63.497 for back-end process greater hazard or, at the option of the required in § 63.182(c) in the operations, § 63.143(f) for process Administrator, greater risk to human Notification of Compliance Status wastewater, § 63.503(m) for emission health or the environment than if the within 150 days after the first applicable points in emissions averages, paragraph emission points were not included in an compliance date for equipment leaks in (e)(8) of this section, or paragraph (f) of emissions average. the affected source, and an update shall this section, the information specified in paragraphs (e)(5)(ii)(A) through (iii) Supplement to Emissions be provided in the first Periodic Report that is due at least 150 days after each (e)(5)(ii)(E) of this section shall be Averaging Plan. The owner or operator submitted in the Notification of required to prepare an Emissions subsequent applicable compliance date for equipment leaks in the affected Compliance Status, unless this Averaging Plan under paragraph (e)(4) information has been established and of this section shall also prepare a source. For all other emission points, including heat exchange systems, the provided in the operating permit supplement to the Emissions Averaging application. Further, as described in Plan for any additional alternative Notification of Compliance Status shall contain the information listed in § 63.484(k), for those storage vessels for controls or operating scenarios that may which the monitoring plan required by be used to achieve compliance. paragraphs (e)(5)(i) through (e)(5)(xii) of this section, as applicable, and shall be § 63.484(k) specifies compliance with (iv) Updates to Emissions Averaging submitted no later than 150 days after the provisions of § 63.505, the owner or Plan. The owner or operator of an the compliance dates specified in this operator shall provide the information affected source required to submit an subpart. specified in paragraphs (e)(5)(ii)(A) Emissions Averaging Plan under (i) The results of any emission point through (e)(5)(ii)(D) of this section for paragraph (e)(4) of this section shall also group determinations, process section each monitoring parameter, unless this submit written updates of the Emissions applicability determinations, information has been established and Averaging Plan to the Administrator for performance tests, inspections, provided in the operating permit approval under the circumstances continuous monitoring system application. For those storage vessels for described in paragraphs (e)(4)(iv)(A) performance evaluations, any other which the monitoring plan required by through (e)(4)(iv)(C) of this section information used to demonstrate § 63.484(k) does not require compliance unless the relevant information has been compliance, values of monitored with the provisions of § 63.505, the included and submitted in an operating parameters established during owner or operator shall provide the permit application or amendment. performance tests, and any other information specified in § 63.120(d)(3) (A) The owner or operator who plans information required to be included in as part of the Notification of Compliance to make a change listed in either the Notification of Compliance Status Status, unless this information has been paragraph (e)(4)(iv)(A)(1) or under § 63.481(k), § 63.122, and § 63.484 established and provided in the (e)(4)(iv)(A)(2) of this section shall for storage vessels, § 63.117 for operating permit application. submit an Emissions Averaging Plan continuous front-end process vents, * * * * *

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(iii) For emission points included in as specified in paragraphs (e)(6)(i) parameters for all excursions, as defined an emissions average, the Notification of through (e)(6)(xii) of this section. In in § 63.505(g) and § 63.505(h). For Compliance Status shall contain the addition, for equipment leaks subject to excursions caused by lack of monitoring values of all parameters needed for § 63.502, the owner or operator shall data, the start-time and duration of input to the emission credit and debit submit the information specified in periods when monitoring data were not equations in § 63.503(g) and (h), § 63.182(d) under the conditions listed collected shall be specified. calculated or measured according to the in § 63.182(d), and for heat exchange (C) [Reserved.] procedures in § 63.503(g) and (h), and systems subject to § 63.502(n), the (D) The information in paragraphs the resulting calculation of credits and owner or operator shall submit the (e)(6)(iii)(D)(1) through (e)(6)(iii)(D)(5) of debits for the first quarter of the year. information specified in § 63.104(f)(2) as this section, as applicable: The first quarter begins on the part of the Periodic Report required by * * * * * compliance date specified. this paragraph (e)(6). Section § 63.505 (2) Notification if a process change is (iv) [Reserved.] shall govern the use of monitoring data made such that the group status of any (v) The determination of applicability to determine compliance for Group 1 emission point changes from Group 2 to for flexible operation units as specified emission points and for Group 1 and Group 1. The owner or operator is not in § 63.480(f). Group 2 emission points included in required to submit a notification of a * * * * * emissions averages with the following process change if that process change (vii) The results for each predominant exception: as discussed in § 63.484(k), caused the group status of an emission use determination made under for storage vessels to which the point to change from Group 1 to Group § 63.480(g), for storage vessels assigned provisions of § 63.505 do not apply, as 2. However, until the owner or operator to an affected source subject to this specified in the monitoring plan notifies the Administrator that the group subpart. required by § 63.120(d)(2), the owner or status of an emission point has changed (viii) The results for each operator is required to comply with the from Group 1 to Group 2, the owner or predominant use determination made requirements set out in the monitoring operator is required to continue to under § 63.480(h) for recovery plan, and monitoring records may be comply with the Group 1 requirements used to determine compliance. operations equipment assigned to an for that emission point. This notification (i) Except as specified in paragraphs affected source subject to this subpart. may be submitted at any time. (e)(6)(xi) and (e)(6)(xii) of this section, a (3) Notification if one or more (ix) For owners and operators of report containing the information in emission points (other than equipment Group 2 batch front-end process vents paragraph (e)(6)(ii) of this section or leaks) or one or more EPPU is added to establishing a batch mass input paragraphs (e)(6)(iii) through (e)(6)(x) of an affected source. The owner or limitation, as specified in § 63.490(f), this section, as appropriate, shall be operator shall submit the information the affected source’s operating year for submitted semiannually no later than 60 contained in paragraphs purposes of determining compliance days after the end of each 6-month (e)(6)(iii)(D)(3)(i) through with the batch mass input limitation. period. The first report shall be (e)(6)(iii)(D)(3)(ii) of this section. (x) If any emission point is subject to submitted no later than 240 days after (i) A description of the addition to the this subpart and to other standards as the date the Notification of Compliance affected source; and specified in § 63.481(k), and if the Status is due and shall cover the 6- (ii) Notification of the group status of provisions of § 63.481(k) allow the month period beginning on the date the the additional emission point or all owner or operator to choose which Notification of Compliance Status is emission points in the EPPU. testing, monitoring, reporting, and due. recordkeeping provisions will be (ii) If none of the compliance (4) Notification if a standard operating followed, then the Notification of exceptions in paragraphs (e)(6)(iii) procedure, as defined in § 63.500(a)(2), Compliance Status shall indicate which through (e)(6)(ix) of this section is changed and the change has the rule’s requirements will be followed for occurred during the 6-month period, the potential for increasing the testing, monitoring, reporting, and Periodic Report required by paragraph concentration of carbon disulfide in the recordkeeping. (e)(6)(i) of this section shall be a crumb dryer exhaust. This notification (xi) An owner or operator who statement that there were no compliance shall also include test results of the transfers a Group 1 wastewater stream exceptions as described in this carbon disulfide concentration resulting or residual removed from a Group 1 paragraph for the 6-month period from the new standard operating wastewater stream for treatment covered by that report and that none of procedure. pursuant to § 63.132(g) shall include in the activities specified in paragraphs (5) For process wastewater streams the Notification of Compliance Status (e)(6)(iii) through (e)(6)(ix) of this sent for treatment pursuant to the name and location of the transferee section occurred during the 6-month § 63.132(g), reports of changes in the and a description of the Group 1 period covered by that report. identity of the treatment facility or wastewater stream or residual sent to (iii) * * * transferee. the treatment facility. (A) All information specified in * * * * * (xii) An owner or operator complying § 63.122(a)(4) for storage vessels, (iv) For each batch front-end process with paragraph (h)(1) of this section §§ 63.117(a)(3) and 63.118(f) and vent with a batch mass input limitation, shall notify the Administrator of the 63.485(s)(5) for continuous front-end every second Periodic Report shall election to comply with paragraph (h)(1) process vents, § 63.492 for batch front- include the mass of HAP or material of this section as part of the Notification end process vents and aggregate batch input to the batch unit operation during of Compliance Status, or as part of the vent streams, § 63.499 for back-end the 12-month period covered by the appropriate Periodic Report, as process operations, § 63.104(b)(4) for preceding and current Periodic Reports, specified in paragraph (e)(6)(ix) of this heat exchange systems, and §§ 63.146(c) and a statement of whether the batch section. through 63.146(f) for process front-end process vent was in or out of (6) Periodic Reports. For existing and wastewater. compliance with the batch mass input new affected sources, the owner or (B) The daily average values or batch limitation. operator shall submit Periodic Reports cycle daily average values of monitored (v) * * *

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(B) For additional tests performed for month during the quarter or that have year without more excursions occurring the same kind of emission point using changed since the previous quarter; (during that year) than the number of the same method, results and any other (4) Results of any performance tests excused excursions allowed under information, pertaining to the conducted during the reporting period § 63.505(i), the owner or operator may performance test, that is requested on a including one complete report for each return to semiannual reporting for the case-by-case basis by the Administrator test method used for a particular kind of emission point or process section. shall be submitted, but a complete test emission point as described in (7) Other reports. Other reports shall report is not required. paragraph (e)(6)(v) of this section; be submitted as specified in paragraphs (vi) Notification of a change in the (5) Reports of daily average values or (e)(7)(i) through (e)(7)(v) of this section. primary product of an EPPU, in batch cycle daily averages of monitored (i) For storage vessels, the accordance with the provisions in parameters for excursions as defined in notifications of inspections required by § 63.480(f). This includes a change in § 63.505(g) or (h); § 63.484 shall be submitted, as specified primary product from one elastomer (6) For excursions caused by lack of in § 63.122(h)(1) and (h)(2). product to either another elastomer monitoring data, the duration of periods (ii) For owners or operators of affected product or to a non-elastomer product. when monitoring data were not sources required to request approval for (vii) The results for each change made collected shall be specified; and a nominal control efficiency for use in to a predominant use determination (7) Any other information the affected calculating credits for an emissions made under § 63.480(g) for a storage source is required to report under the average, the information specified in vessel that is assigned to an affected operating permit or Emissions § 63.503(i) shall be submitted, as source subject to this subpart after the Averaging Plan for the affected source. specified in paragraph (e)(7)(ii)(A) or change. (C) Every fourth quarterly report shall (e)(7)(ii)(B) of this section, as (viii) The results for each change include the following: appropriate. made to a predominant use (1) A demonstration that annual (A) If use of a nominal control determination made under § 63.480(h) credits are greater than or equal to efficiency is part of the initial Emissions for recovery operations equipment annual debits as required by Averaging Plan described in paragraph assigned to an affected source subject to § 63.503(e)(3); and (e)(4)(ii) of this section, the information (2) A certification of compliance with this subpart after the change. in paragraph (e)(7)(iii) of this section all the emissions averaging provisions (ix) An owner or operator complying shall be submitted with the Emissions in § 63.503. with paragraph (h)(1) of this section Averaging Plan. (xii) The owner or operator of an (B) If an owner or operator elects to shall notify the Administrator of the affected source shall submit quarterly election to comply with paragraph (h)(1) use a nominal control efficiency after reports for particular emission points submittal of the initial Emissions of this section as part of the Periodic and process sections not included in an Report or as part of the Notification of Averaging Plan as described in emissions average as specified in paragraph (e)(4)(ii) of this section, the Compliance Status as specified in paragraphs (e)(6)(xii)(A) through paragraph (e)(5)(xi) of this section. information required by paragraph (e)(6)(xii)(D) of this section. (e)(7)(ii) of this section shall be (x) An owner or operator electing not (A) The owner or operator of an submitted at the discretion of the owner to retain daily average or batch cycle affected source shall submit quarterly or operator. daily average values under paragraph reports for a period of 1 year for an (iii) For back-end process operations (h)(2) of this section shall notify the emission point or process section that is using a control or recovery device to Administrator as specified in paragraph not included in an emissions average if: comply with §§ 63.493 through 63.500, (h)(2)(i) of this section. (1) A control or recovery device for a the compliance redetermination report (xi) The owner or operator of an particular emission point or process required by § 63.499(d) shall be affected source shall submit quarterly section has more excursions, as defined submitted within 180 days after the reports for all emission points included in § 63.505(g) or § 63.505(h), than the process change. in an emissions average as specified in number of excused excursions allowed (iv) When the conditions of paragraphs (e)(6)(xi)(A) through under § 63.505(i) for a semiannual § 63.480(f)(3)(i) or § 63.480(f)(4)(i) are (e)(6)(xi)(C) of this section. reporting period; or met, reports of changes to the primary (A) The quarterly reports shall be (2) The Administrator requests that product for an EPPU or process unit, as submitted no later than 60 days after the the owner or operator submit quarterly required by § 63.480(f)(3)(ii) or end of each quarter. The first report reports for the emission point or process § 63.480(f)(4)(ii), respectively, shall be shall be submitted with the Notification section. submitted. of Compliance Status no later than 150 (B) The quarterly reports shall include (v) Owners or operators of EPPU or days after the compliance date. all information specified in paragraphs emission points (other than equipment (B) The quarterly reports shall include (e)(6)(iii) through (e)(6)(ix) of this leak components subject to § 63.502) the information specified in paragraphs section, as applicable to the emission that are subject to § 63.480(i)(1) or (i)(2) (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of point or process section for which shall submit a report as specified in this section for all emission points quarterly reporting is required under paragraphs (e)(7)(v)(A) and (B) of this included in an emissions average. paragraph (e)(6)(xii)(A) of this section. section. (1) The credits and debits calculated Information applicable to other (A) Reports shall include: each month during the quarter; emission points within the affected (1) A description of the process (2) A demonstration that debits source shall be submitted in the change or addition, as appropriate; calculated for the quarter are not more semiannual reports required under (2) The planned start-up date and the than 1.30 times the credits calculated paragraph (e)(6)(i) of this section. appropriate compliance date, according for the quarter, as required under (C) Quarterly reports shall be to § 63.480(i)(1) or (2); § 63.503(e)(4); submitted no later than 60 days after the (3) Identification of the group status of (3) The values of any inputs to the end of each quarter. emission points (except equipment leak debit and credit equations in § 63.503(g) (D) After quarterly reports have been components subject to the requirements and (h) that change from month to submitted for an emission point for 1 in § 63.502) specified in paragraphs

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(e)(7)(v)(A)(3)(i) through (iii) of this § 63.497 for back-end process recorded values, in accordance with section, as applicable. operations, or § 63.143 for process paragraphs (g)(3)(i) and (g)(3)(ii) of this (i) All the emission points in the wastewater shall submit the information section. added EPPU, as described in specified in paragraphs (f)(1) through (i) * * * § 63.480(i)(1). (f)(3) of this section in the (A) Measure the operating parameter (ii) All the emission points in an Precompliance Report, as required by value at least once during every 15 affected source designated as a new paragraph (e)(3) of this section. The minute period; affected source under § 63.480(i)(2)(i). owner or operator shall retain for a * * * * * (iii) All the added or created emission period of 5 years each record required (4) An owner or operator may request points as described in § 63.480(i)(2)(ii). by paragraphs (f)(1) through (f)(3) of this approval to use other alternative (4) If the owner or operator wishes to section. monitoring systems according to the request approval to use alternative * * * * * procedures specified in § 63.8(f)(4). monitoring parameters, alternative (3) The required information shall (h) Reduced recordkeeping program. continuous monitoring or include a description of the proposed For any parameter with respect to any recordkeeping, alternative controls, monitoring, recordkeeping, and item of equipment, the owner or engineering assessment to estimate reporting system, to include the operator may implement the emissions from a batch emissions frequency and content of monitoring, recordkeeping requirements in episode, or wishes to establish recordkeeping, and reporting. Further, paragraph (h)(1) or (h)(2) of this section parameter monitoring levels according the rationale for the proposed as alternatives to the continuous to the procedures contained in monitoring, recordkeeping, and operating parameter monitoring and § 63.505(c) or (d), a Precompliance reporting system shall be included if recordkeeping provisions that would Report shall be submitted in accordance either condition in paragraph (f)(3)(i) or otherwise apply under this subpart. The with paragraph (e)(7)(v)(B) of this (f)(3)(ii) of this section is met: owner or operator shall retain for a section. * * * * * period of 5 years each record required (B) Reports shall be submitted as (g) Alternative continuous monitoring by paragraph (h)(1) or (h)(2) of this specified in paragraphs (e)(7)(v)(B)(1) and recordkeeping. An owner or section, except as otherwise provided in through (e)(7)(v)(B)(3) of this section, as operator choosing not to implement the paragraph (h)(1)(vi)(D) of this section. appropriate. continuous parameter operating and (1) The owner or operator may retain (1) Owners or operators of an added recordkeeping provisions listed in only the daily average or the batch cycle EPPU subject to § 63.480(i)(1) shall § 63.485 for continuous front-end daily average value, and is not required submit a report no later than 180 days process vents, § 63.486 for batch front- to retain more frequent monitored prior to the compliance date for the end process vents and aggregate batch operating parameter values, for a EPPU. vent streams, § 63.493 for back-end monitored parameter with respect to an (2) Owners or operators of an affected process operations, and § 63.501 for item of equipment, if the requirements source designated as a new affected process wastewater, may instead request of paragraphs (h)(1)(i) through (h)(1)(vi) source under § 63.480(i)(2)(i) shall approval to use alternative continuous of this section are met. An owner or submit a report no later than 180 days monitoring and recordkeeping operator electing to comply with the prior to the compliance date for the provisions according to the procedures requirements of paragraph (h)(1) of this affected source. specified in paragraphs (g)(1) through section shall notify the Administrator in (3) Owners and operators of any (g)(4) of this section. Requests shall be the Notification of Compliance Status as emission point (other than equipment submitted in the Precompliance Report specified in paragraph (e)(5)(xii) of this leak components subject to § 63.502) as specified in paragraph (e)(3)(iv) of section, or, if the Notification of subject to § 63.480(i)(2)(ii) shall submit this section, if not already included in Compliance Status has already been a report no later than 180 days prior to the operating permit application, and submitted, in the Periodic Report the compliance date for those emission shall contain the information specified immediately preceding implementation points. in paragraphs (g)(2)(ii) and (g)(3)(ii) of of the requirements of paragraph (h)(1) (8) Operating Permit Application. An this section, as applicable. of this section, as specified in paragraph owner or operator who submits an (1) The provisions in § 63.8(f)(5)(i) (e)(6)(ix) of this section. operating permit application instead of shall govern the review and approval of * * * * * an Emissions Averaging Plan or a requests. (ii) * * * Precompliance Report shall include the (2) * * * following information with the (B) The running average is based on (ii) * * * at least six one-hour average values; and operating permit application: (D) Demonstration to the * * * * * * * * * * Administrator’s satisfaction that the (f) Alternative monitoring parameters. proposed monitoring frequency is (iv) The monitoring system will alert The owner or operator of an affected sufficient to represent control or the owner or operator by an alarm or source who has been directed by any recovery device operating conditions, other means, if the running average section of this subpart, or any section of considering typical variability of the parameter value calculated under another subpart referenced by this specific process and control or recovery paragraph (h)(1)(ii) of this section subpart, that expressly references this device operating parameter being reaches a set point that is appropriately paragraph (f) or § 63.151(f) to set unique monitored. related to the established limit for the monitoring parameters, or who requests (3) An owner or operator may request parameter that is being monitored. approval to monitor a different approval to use an automated data * * * * * parameter than those listed in § 63.484 compression recording system that does (vi) The owner or operator shall retain for storage vessels, § 63.114 for not record monitored operating the records identified in paragraphs continuous front-end process vents, parameter values at a set frequency, but (h)(1)(vi)(A) through (h)(1)(vi)(D) of this § 63.489 for batch front-end process that records all values that meet set section. vents and aggregate batch vent streams, criteria for variation from previously * * * * *

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(B) A description of the applicable description shall, at all times, be (h)(1)(i) through(h)(1)(iii) of this section, monitoring system(s), and how retained on-site or be accessible from a for the duration specified in paragraph compliance will be achieved with each central location by computer or other (h) of this section. For any calendar requirement of paragraphs (h)(1)(i) means that provides access within 2 week, if compliance with paragraphs through (h)(1)(v) of this section. The hours after a request. The owner or (h)(1)(i) through (h)(1)(iii) of this section description shall identify the location operator shall retain all superseded does not result in retention of a record and format (e.g., on-line storage, log descriptions for at least 5 years after the of at least one occurrence or measured entries) for each required record. If the date of their creation. Superseded parameter value, the owner or operator description changes, the owner or descriptions shall be retained on-site (or shall record and retain at least one operator shall retain both the current accessible from a central location by parameter value during a period of and the most recent superseded computer or other means that provides operation other than a start-up, description. The description, and the access within 2 hours after a request) for shutdown, or malfunction. most recent superseded description, at least 6 months after their creation. (iv) * * * shall be retained as provided in Thereafter, superseded descriptions may paragraph (a) of this section, except as be stored off-site. (A) The daily average or batch cycle provided in paragraph (h)(1)(vi)(D) of (2) * * * daily average value during any start-up, this section. (i) If the owner or operator elects not shutdown, or malfunction shall not be (C) A description, and the date, of any to retain the daily average or batch cycle considered an excursion for purposes of change to the monitoring system that paragraph (h)(2) of this section, if the would reasonably be expected to impair daily average values, the owner or operator shall notify the Administrator owner or operator follows the applicable its ability to comply with the provisions of the start-up, shutdown, requirements of paragraph (h)(1) of this in the next Periodic Report as specified in paragraph (e)(6)(x) of this section. and malfunction plan required by section. § 63.6(e)(3). (D) Owners and operators subject to The notification shall identify the paragraph (h)(1)(vi)(B) of this section parameter and unit of equipment. * * * * * shall retain the current description of * * * * * 28. Revise Tables 1, 2, 5, 6, 7, and 8, the monitoring system as long as the (iii) The owner or operator shall retain and add Table 9 to Subpart U of part 63, description is current. The current the records specified in paragraphs to read as follows:

TABLE 1 TO SUBPART U OF PART 63.ÐAPPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCES

Applies to Reference subpart U Comment

63.1(a)(1) ...... Yes ...... § 63.482 specifies definitions in addition to or that supersede definitions in § 63.2. 63.1(a)(2) ...... Yes. 63.1(a)(3) ...... Yes ...... § 63.481(f) through (k) and § 63.160(b) identify those standards which may apply in addition to the requirements of subparts U and H of this part, and specify how compliance shall be achieved. 63.1(a)(4) ...... Yes ...... Subpart U (this table) specifies the applicability of each paragraph in subpart A to subpart U. 63.1(a)(5) ...... No ...... [Reserved.] 63.1(a)(6)±63.1(a)(8) ...... Yes. 63.1(a)(9) ...... No ...... [Reserved.] 63.1(a)(10) ...... Yes. 63.1(a)(11) ...... Yes. 63.1(a)(12)±63.1(a)(14) ...... Yes. 63.1(b)(1) ...... No ...... § 63.480(a) contains specific applicability criteria. 63.1(b)(2) ...... Yes. 63.1(b)(3) ...... No ...... § 63.480(b) provides documentation requirements for EPPUs not considered af- fected sources. 63.1(c)(1) ...... Yes ...... Subpart U (this table) specifies the applicability of each paragraph in subpart A to subpart U. 63.1(c)(2) ...... No ...... Area sources are not subject to subpart U. 63.1(c)(3) ...... No ...... [Reserved.] 63.1(c)(4) ...... Yes. 63.1(c)(5) ...... Yes ...... Except that affected sources are not required to submit notifications that are not required by this subpart U. 63.1(d) ...... No ...... [Reserved.] 63.1(e) ...... Yes. 63.2 ...... Yes ...... § 63.482 specifies those subpart A definitions that apply to subpart U. 63.3 ...... Yes. 63.4(a)(1)±63.4(a)(3) ...... Yes. 63.4(a)(4) ...... No ...... [Reserved.] 63.4(a)(5) ...... Yes. 63.4(b) ...... Yes. 63.4(c) ...... Yes. 63.5(a)(1) ...... Yes ...... Except the terms ``source'' and ``stationary source'' should be interpreted as hav- ing the same meaning as ``affected source''. 63.5(a)(2) ...... Yes. 63.5(b)(1) ...... Yes ...... Except § 63.480(i) defines when construction or reconstruction is subject to new source standards. 63.5(b)(2) ...... No ...... [Reserved.]

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TABLE 1 TO SUBPART U OF PART 63.ÐAPPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCESÐ Continued

Applies to Reference subpart U Comment

63.5(b)(3) ...... Yes. 63.5(b)(4) ...... Yes ...... Except that the Initial Notification and § 63.9(b) requirements do not apply. 63.5(b)(5) ...... Yes. 63.5(b)(6) ...... Yes ...... Except that § 63.480(i) defines when construction or reconstruction is subject to the new source standards. 63.5(c) ...... No ...... [Reserved.] 63.5(d)(1)(i) ...... Yes ...... Except that the references to the Initial Notification and § 63.9(b)(5) do not apply. 63.5(d)(1)(ii) ...... Yes ...... Except that § 63.5(d)(1)(ii)(H) does not apply. 63.5(d)(1)(iii) ...... No ...... § 63.506(e)(5) and § 63.502(f) specify Notification of Compliance Status require- ments. 63.5(d)(2) ...... No. 63.5(d)(3) ...... Yes ...... Except § 63.5(d)(3)(ii) does not apply, and equipment leaks subject to § 63.502 are exempt. 63.5(d)(4) ...... Yes. 63.5(e) ...... Yes. 63.5(f)(1) ...... Yes. 63.5(f)(2) ...... Yes ...... Except that where § 63.9(b)(2) is referred to, the owner or operator need not comply. 63.6(a) ...... Yes. 63.6(b)(1) ...... Yes. 63.6(b)(2) ...... Yes. 63.6(b)(3) ...... Yes. 63.6(b)(4) ...... Yes. 63.6(b)(5) ...... Yes. 63.6(b)(6) ...... No ...... [Reserved.] 63.6(b)(7) ...... No. 63.6(c)(1) ...... Yes ...... § 63.481 specifies the compliance date. 63.6(c)(2) ...... No. 63.6(c)(3) ...... No ...... [Reserved.] 63.6(c)(4) ...... No ...... [Reserved.] 63.6(c)(5) ...... Yes. 63.6(d) ...... No ...... [Reserved.] 63.6(e) ...... Yes ...... Except as otherwise specified for individual paragraphs (below), and § 63.6(e) does not apply to Group 2 emission points, unless they are included in an emissions average.a 63.6(e)(1)(i) ...... No ...... This is addressed by § 63.480(j)(4). 63.6(e)(1)(ii) ...... Yes. 63.6(e)(1)(iii) ...... Yes. 63.6(e)(2) ...... Yes. 63.6(e)(3)(i) ...... Yes ...... For equipment leaks (subject to § 63.502), the start-up, shutdown, and malfunc- tion plan requirement of § 63.6(e)(3)(i) is limited to control devices and is op- tional for other equipment. The start-up, shutdown, and malfunction plan may include written procedures that identify conditions that justify a delay of repair. 63.6(e)(3)(i)(A) ...... No ...... This is addressed by § 63.480(j)(4). 63.6(e)(3)(i)(B) ...... Yes. 63.6(e)(3)(i)(C) ...... Yes. 63.6(e)(3)(ii) ...... Yes. 63.6(e)(3)(iii) ...... No ...... Recordkeeping and reporting are specified in § 63.506(b)(1). 63.6(e)(3)(iv) ...... No ...... Recordkeeping and reporting are specified in § 63.506(b)(1). 63.6(e)(3)(v) ...... Yes. 63.6(e)(3)(vi) ...... Yes. 63.6(e)(3)(vii) ...... Yes. 63.6(e)(3)(vii)(A) ...... Yes. 63.6(e)(3)(vii)(B) ...... Yes ...... Except the plan shall provide for operation in compliance with § 63.480(j)(4). 63.6(e)(3)(vii)(C) ...... Yes. 63.6(e)(3)(viii) ...... Yes. 63.6(f)(1) ...... Yes. 63.6(f)(2) ...... Yes ...... Except 63.7(c), as referred to in § 63.6(f)(2)(iii)(D) does not apply, and except that § 63.6(f)(2)(ii) does not apply to equipment leaks subject to § 63.502. 63.6(f)(3) ...... Yes. 63.6(g) ...... Yes. 63.6(h) ...... No ...... Subpart U does not require opacity and visible emission standards. 63.6(i)(1) ...... Yes. 63.6(i)(2) ...... Yes. 63.6(i)(3) ...... Yes. 63.6(i)(4)(i)(A) ...... Yes. 63.6(i)(4)(i)(B) ...... No ...... Dates are specified in § 63.481(e) and § 63.506(e)(3)(i). 63.6(i)(4)(ii) ...... No. 63.6(i)(5)±(14) ...... Yes. 63.6(i)(15) ...... No ...... [Reserved.]

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TABLE 1 TO SUBPART U OF PART 63.ÐAPPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCESÐ Continued

Applies to Reference subpart U Comment

63.6(i)(16) ...... Yes. 63.6(j) ...... Yes. 63.7(a)(1) ...... Yes. 63.7(a)(2) ...... No ...... § 63.506(e)(5) specifies the submittal dates of performance test results for all emission points except equipment leaks; for equipment leaks, compliance demonstration results are reported in the Periodic Reports. 63.7(a)(3) ...... Yes. 63.7(b) ...... No ...... § 63.504(a)(4) specifies notification requirements. 63.7(c) ...... No ...... Except if the owner or operator chooses to submit an alternative nonopacity emission standard for approval under § 63.6(g). 63.7(d) ...... Yes. 63.7(e)(1) ...... Yes ...... Except that all performance tests shall be conducted at maximum representative operating conditions achievable at the time without disruption of operations or damage to equipment. 63.7(e)(2) ...... Yes. 63.7(e)(3) ...... No ...... Subpart U specifies requirements. 63.7(e)(4) ...... Yes. 63.7(f) ...... Yes ...... Except that § 63.144(b)(5)(iii)(A) & (B) shall apply for process wastewater. Also, since a site specific test plan is not required, the notification deadline in § 63.7(f)(2)(i) shall be 60 days prior to the performance test, and in § 63.7(f)(3) approval or disapproval of the alternative test method shall not be tied to the site specific test plan. 63.7(g) ...... Yes ...... Except that the requirements in § 63.506(e)(5) apply instead of references to the Notification of Compliance Status report in 63.9(h). In addition, equipment leaks subject to § 63.502 are not required to conduct performance tests. 63.7(h) ...... Yes ...... Except § 63.7(h)(4)(ii) is not applicable, since the site-specific test plans in § 63.7(c)(2) are not required. 63.8(a)(1) ...... Yes. 63.8(a)(2) ...... No. 63.8(a)(3) ...... No ...... [Reserved.] 63.8(a)(4) ...... Yes. 63.8(b)(1) ...... Yes. 63.8(b)(2) ...... No ...... Subpart U specifies locations to conduct monitoring. 63.8(b)(3) ...... Yes. 63.8(c)(1) ...... Yes. 63.8(c)(1)(i) ...... Yes. 63.8(c)(1)(ii) ...... No ...... For all emission points except equipment leaks, comply with § 63.506(b)(1)(i)(B); for equipment leaks, comply with § 63.181(g)(2)(iii). 63.8(c)(1)(iii) ...... Yes. 63.8(c)(2) ...... Yes. 63.8(c)(3) ...... Yes. 63.8(c)(4) ...... No ...... § 63.505 specifies monitoring frequency; not applicable to equipment leaks, be- cause § 63.502 does not require continuous monitoring systems. 63.8(c)(5)±63.8(c)(8) ...... No. 63.8(d) ...... No. 63.8(e) ...... No. 63.8(f)(1)±63.8(f)(3) ...... Yes. 63.8(f)(4)(i) ...... No ...... Timeframe for submitting request is specified in § 63.506(f) or (g); not applicable to equipment leaks, because § 63.502 (through reference to subpart H) speci- fies acceptable alternative methods. 63.8(f)(4)(ii) ...... No ...... Contents of request are specified in § 63.506(f) or (g). 63.8(f)(4)(iii) ...... No. 63.8(f)(5)(i) ...... Yes. 63.8(f)(5)(ii) ...... No. 63.8(f)(5)(iii) ...... Yes. 63.8(f)(6) ...... No ...... Subpart U does not require CEM's. 63.8(g) ...... No ...... Data reduction procedures specified in § 63.506(d) and (h); not applicable to equipment leaks. 63.9(a) ...... Yes. 63.9(b) ...... No ...... Subpart U does not require an initial notification. 63.9(c) ...... Yes. 63.9(d) ...... Yes. 63.9(e) ...... No ...... § 63.504(a)(4) specifies notification deadline. 63.9(f) ...... No ...... Subpart U does not require opacity and visible emission standards. 63.9(g) ...... No. 63.9(h) ...... No ...... § 63.506(e)(5) specifies Notification of Compliance Status requirements. 63.9(i) ...... Yes. 63.9(j) ...... No. 63.10(a) ...... Yes. 63.10(b)(1) ...... No ...... § 63.506(a) specifies record retention requirements.

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TABLE 1 TO SUBPART U OF PART 63.ÐAPPLICABILITY OF GENERAL PROVISIONS TO SUBPART U AFFECTED SOURCESÐ Continued

Applies to Reference subpart U Comment

63.10(b)(2) ...... No ...... Subpart U specifies recordkeeping requirements. 63.10(b)(3) ...... No ...... § 63.480(b) requires documentation of sources that are not affected sources. 63.10(c) ...... No ...... § 63.506 specifies recordkeeping requirements. 63.10(d)(1) ...... Yes. 63.10(d)(2) ...... No ...... § 63.506(e)(5) specifies performance test reporting requirements; not applicable to equipment leaks. 63.10(d)(3) ...... No ...... Subpart U does not require opacity and visible emission standards. 63.10(d)(4) ...... Yes. 63.10(d)(5) ...... Yes ...... Except that reports required by § 63.10(d)(5)(i) and/or § 63.10(d)(5)(ii) shall be submitted at the same time as Periodic Reports specified in § 63.506(e)(6). The start-up, shutdown, and malfunction plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission points unless they are included in an emissions average. 63.10(e) ...... No ...... § 63.506 specifies reporting requirements. 63.10(f) ...... Yes. 63.11 ...... Yes ...... Except that instead of § 63.11(b), § 63.504(c) shall apply. 63.12 ...... Yes ...... Except that the authority of § 63.503(i) and the authority of § 63.177 (for equip- ment leaks) will not be delegated to States. 63.13±63.15 ...... Yes. a The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission points unless they are included in an emissions average.

TABLE 2 TO SUBPART U OF PART 63.ÐAPPLICABILITY OF SUBPARTS F, G, & H OF THIS PART TO SUBPART U AFFECTED SOURCES

Applies to Applicable section of Reference subpart U Comment subpart U

Subpart F 63.100 ...... No. 63.101 ...... Yes ...... Several definitions from 63.101 are incorporated by ref- 63.482. erence into 63.482. 63.102±63.103 ...... No. 63.104±63.105 ...... Yes ...... 63.501 and 63.502. 63.106±63.109 ...... No. Subpart G 63.110 ...... No. 63.111 ...... Yes ...... Several definitions from 63.111 are incorporated by ref- 63.482. erence into 63.482. 63.112 ...... No. 63.113±63.118 ...... Yes ...... With the differences noted in 63.485(b) through 63.485(k) 63.485. 63.119±63.123 ...... Yes ...... With the differences noted in 63.484(c) through 63.484(s) 63.484. 63.124±63.125 ...... No [Reserved.]. 63.126±63.130 ...... No. 63.131±63.147 ...... Yes ...... With the differences noted in 63.501(a)(1) through 63.501. 63.501(a)(19). 63.148±63.149 ...... Yes ...... With the differences noted in 63.484(c) through 63.484(s) 63.484 and 63.501. and 63.501(a)(1) through 63.501(a)(23). 63.150(a) through 63.150(f) ...... No. 63.150(g)(1) and 63.150(g)(2) ...... No. 63.150(g)(3) ...... Yes ...... 63.503(g)(3). 63.150(g)(4) ...... No. 63.150(g)(5) ...... Yes ...... 63.503(g)(5). 63.150(h)(1) and 63.150(h)(2) ...... No. 63.150(h)(3) ...... Yes ...... 63.503(h)(3). 63.150(h)(4) ...... No. 63.150(h)(5) ...... Yes ...... 63.503(h)(5). 63.150(i) through 63.150(o) ...... No. 63.151±63.152 ...... No. Subpart H 63.160±63.183 ...... Yes ...... Subpart U affected sources shall comply with all require- 63.502. ments of subpart H of this part, with the differences noted in § 63.502.

* * * * *

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TABLE 5 TO SUBPART U OF PART 63.ÐKNOWN ORGANIC HAP EMITTED FROM THE PRODUCTION OF ELASTOMER PRODUCTS

Elastomer product/subcategory Organic HAP/chemical name (CAS No.) PBR/ BR EPI EPR HBR HYP NEO NBL NBR SBRS PSR SBL SBRE

Acrylonitrile (107131) ...... ✔ ✔ ...... 1,3 Butadiene (106990) ...... ✔ ✔ ✔ ...... ✔ ✔ Carbon Tetrachloride (56235) ...... ✔ ...... Chlorobenzene (108907) ...... ✔ ...... Chloroform (67663) ...... ✔ ...... Chloroprene (126998) ...... ✔ ...... Epichlorohydrin (106898) ...... ✔ ...... Ethylbenzene (100414) .... ✔ ...... ✔ ...... Ethylene Dichloride (107062) ...... ✔ ...... Ethylene Oxide (75218) ...... ✔ ...... ✔ ...... Formaldehyde (50000) ...... ✔ ...... Hexane (110543) ...... ✔ ...... ✔ ...... ✔ ...... ✔ ✔ Methanol (67561) ...... ✔ ...... ✔ ...... Methyl Chloride (74873) ... ✔ ...... ✔ ...... Propylene Oxide (75569) ...... ✔ ...... Styrene (100425) ...... ✔ ...... ✔ ✔ Toluene (108883) ...... ✔ ✔ ...... ✔ ...... ✔ ...... ✔ ✔ Xylenes (1330207) ...... ✔ ...... ✔ ...... Xylene (m-) (108383) ...... ✔ ...... ✔ ...... Xylene (o-) (95476) ...... ✔ ...... ✔ ...... Xylene (p-) (106423) ...... ✔ ...... ✔ ...... CAS No. = Chemical Abstract Service Number. BR = Butyl Rubber. EPI = Epichlorohydrin Rubber. EPR = Ethylene Propylene Rubber. HBR = Halobutyl Rubber. HYP = HypalonTM. NEO = Neoprene. NBL = Nitrile Butadiene Latex. NBR = Nitrile Butadiene Rubber. PBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by Solution. PSR = Polysulfide Rubber. SBL = Styrene Butadiene Latex. SBR = Styrene Butadiene Rubber by Emulsion or Solution.

TABLE 6 TO SUBPART U OF PART 63.ÐGROUP 1 BATCH FRONT-END PROCESS VENTS AND AGGREGATE BATCH VENT STREAMSÐMONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS

Recordkeeping and reporting requirements Control/recovery device Parameter to be monitored for monitored parameters

Thermal Incinerator ...... Firebox temperature a ...... 1. Continuous records as specified in § 63.491(e)(1).b 2. Record and report the average firebox temperature measured dur- ing the performance testÐNCS. c 3. Record the batch cycle daily average firebox temperature as spec- ified in § 63.491(e)(2). 4. Report all batch cycle daily average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collectedÐ PR. d e Catalytic Incinerator ...... Temperature upstream and down- 1. Continuous records as specified in § 63.491(e)(1).b stream of the catalyst bed. Temperature upstream and down- 2. Record and report the average upstream and downstream tem- stream of the catalyst bed. peratures and the average temperature difference across the cata- lyst bed measured during the performance testÐNCS.c 3. Record the batch cycle daily average upstream temperature and temperature difference across catalyst bed as specified in § 63.491(e)(2). 4. Report all batch cycle daily average upstream temperatures that are below the minimum upstream value established in the NCS or operating permitÐPR.d e 5. Report all batch cycle daily average temperature differences across the catalyst bed that are below the minimum difference.

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TABLE 6 TO SUBPART U OF PART 63.ÐGROUP 1 BATCH FRONT-END PROCESS VENTS AND AGGREGATE BATCH VENT STREAMSÐMONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTSÐContinued

Recordkeeping and reporting requirements Control/recovery device Parameter to be monitored for monitored parameters

Boiler or Process Heater with a de- Firebox temperature a ...... 1. Continuous records as specified in § 63.491(e)(1).b sign heat input capacity less than 44 megawatts and where the batch front-end process vents or aggregate batch vent streams are not introduced with or used as the primary fuel. 2. Record and report the average firebox temperature measured dur- ing the performance testÐNCS.c 3. Record the batch cycle daily average firebox temperature as spec- ified in § 63.491(e)(2).d 4. Report all batch cycle daily average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collectedÐ PR.d e Flare ...... Presence of a flame at the pilot 1. Hourly records of whether the monitor was continuously operating light. during batch emission episodes selected for control and whether a flame was continuously present at the pilot light during each hour. 2. Record and report the presence of a flame at the pilot light over the full period of the compliance determinationÐNCS.c 3. Record the times and durations of all periods during batch emis- sion episodes when all flames at the pilot light of a flare are ab- sent or the monitor is not operating. 4. Report the times and durations of all periods during batch emis- sion episodes selected for control when all flames at the pilot light of a flare are absentÐPR.d Scrubber for halogenated batch pH of scrubber effluent, and ...... 1. Continuous records as specified in § 63.491(e)(1).b front-end process vents or aggre- gate batch vent streams. (Note: Controlled by a combustion device other than a flare). 2. Record and report the average pH of the scrubber effluent meas- ured during the performance testÐNCS.c 3. Record the batch cycle daily average pH of the scrubber effluent as specified in § 63.491(e)(2). 4. Report all batch cycle daily average pH values of the scrubber ef- fluent that are below the minimum operating value established in the NCS or operating permit and all instances when insufficient monitoring data are collectedÐPR.d e Scrubber for halogenated batch Scrubber liquid and gas flow rates 1. Records as specified in § 63.491(e)(1).b front-end process vents or aggre- [§ 63.489(b)(4)(ii)]. gate batch vent streams (Note: Controlled by a combustion device other than a flare) (Continued) 2. Record and report the scrubber liquid/gas ratio averaged over the full period of the performance testÐNCS.c 3. Record the batch cycle daily average scrubber liquid/gas ratio as specified in § 63.491(e)(2). 4. Report all batch cycle daily average scrubber liquid/gas ratios that are below the minimum value established in the NCS or operating permit and all instances when insufficient monitoring data are col- lectedÐPR.d e Absorber f ...... Exit temperature of the absorbing 1. Continuous records as specified in § 63.491(e)(1).b liquid, and 2. Record and report the average exit temperature of the absorbing liquid measured during the performance testÐNCS.c 3. Record the batch cycle daily average exit temperature of the ab- sorbing liquid as specified in § 63.491(e)(2) for each batch cycle. 4. Report all the batch cycle daily average exit temperatures of the absorbing liquid that are below the minimum operating tempera- ture established in the NCS or operating permit and all instances when monitoring data are not collectedÐPR.d e Exit specific gravity of the absorb- 1. Continuous records as specified in § 63.491(e)(1).b ing liquid 2. Record and report the average exit specific gravity measured dur- ing the performance testÐNCS. 3. Record the batch cycle daily average exit specific gravity as speci- fied in § 63.491(e)(2).

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TABLE 6 TO SUBPART U OF PART 63.ÐGROUP 1 BATCH FRONT-END PROCESS VENTS AND AGGREGATE BATCH VENT STREAMSÐMONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTSÐContinued

Recordkeeping and reporting requirements Control/recovery device Parameter to be monitored for monitored parameters

4. Report all batch cycle daily average exit specific gravity values that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collectedÐPR.d e Condenser f ...... Exit (product side) temperature .... 1. Continuous records as specified in § 63.491(e)(1).b 2. Record and report the average exit temperature measured during the performance testÐNCS. 3. Record the batch cycle daily average exit temperature as speci- fied in § 63.491(e)(2). 4. Report all batch cycle daily average exit temperatures that are above the maximum operating value established in the NCS or op- erating permit and all instances when monitoring data are not col- lectedÐPR.d e Carbon Adsorberf ...... Total regeneration steam flow or 1. Record of total regeneration steam flow or nitrogen flow, or pres- nitrogen flow, or pressure sure for each carbon bed regeneration cycle. (gauge or absolute) during car- bon bed regeneration cycle(s), and. 2. Record and report the total regeneration steam flow or nitrogen flow, or pressure during each carbon bed regeneration cycle dur- ing the performance testÐNCSc. 3. Report all carbon bed regeneration cycles when the total regen- eration steam flow or nitrogen flow, or pressure is above the maxi- mum value established in the NCS or operating permitÐPRd e. Temperature of the carbon bed 1. Record the temperature of the carbon bed after each regeneration after regeneration and within 15 and within 15 minutes of completing any cooling cycle(s). minutes of completing any cool- ing cycle(s). 2. Record and report the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle(s) measured during the performance testÐNCSc. 3. Report all carbon bed regeneration cycles when the temperature of the carbon bed after regeneration, or within 15 minutes of com- pleting any cooling cycle(s), is above the maximum value estab- lished in the NCS or operating permitÐPRd e. All Control Devices ...... Diversion to the atmosphere from 1. Hourly records of whether the flow indicator was operating during the control device or. batch emission episodes selected for control and whether a diver- sion was detected at any time during the hour, as specified in § 63.491(e)(3). 2. Record and report the times of all periods during batch emission episodes selected for control when emissions are diverted through a bypass line, or the flow indicator is not operatingÐPRd. Monthly inspections of sealed 1. Records that monthly inspections were performed as specified in valves. § 63.491(e)(4)(i). 2. Record and report all monthly inspections that show that valves are in the diverting position or that a seal has been brokenÐPRd. Absorber, Condenser, and Carbon Concentration level or reading in- 1. Continuous records as specified in § 63.491(e)(1).b Adsorber (as an alternative to the dicated by an organic monitor- above). ing device at the outlet of the recovery device. 2. Record and report the average batch vent concentration level or reading measured during the performance testÐNCS. 3. Record the batch cycle daily average concentration level or read- ing as specified in § 63.491(e)(2). 4. Report all batch cycle daily average concentration levels or read- ings that are above the maximum values established in the NCS or operating permit and all instances when monitoring data are not collectedÐPR.d e a

a Monitor may be installed in the firebox or in the duct work immediately downstream of the firebox before any substantial heat exchange is en- countered. b ``Continuous records'' is defined in § 63.111. c NCS = Notification of Compliance Status described in § 63.506(e)(5). d PR = Periodic Reports described in § 63.506(e)(6) of this subpart. e The periodic reports shall include the duration of periods when monitoring data are not collected as specified in § 63.506(e)(6)(iii)(C) of this subpart. f Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of this table.

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TABLE 7 TO SUBPART U OF PART 63.ÐOPERATING PARAMETERS FOR WHICH MONITORING LEVELS ARE REQUIRED TO BE ESTABLISHED FOR CONTINUOUS AND BATCH FRONT-END PROCESS VENTS AND AGGREGATE BATCH VENT STREAMS

Control/recovery device Parameters to be monitored Established operating parameter(s)

Thermal incinerator ...... Firebox temperature ...... Minimum temperature. Catalytic incinerator ...... Temperature upstream and downstream of the catalyst bed .. Minimum upstream temperature; and mini- mum temperature difference across the cat- alyst bed. Boiler or process heater ...... Firebox temperature ...... Minimum temperature. Scrubber for halogenated vents pH of scrubber effluent; and scrubber liquid and gas flow Minimum pH; and minimum liquid/gas ratio. rates [§ 63.489(b)(4)(ii)]. Absorber ...... Exit temperature of the absorbing liquid; and exit specific Maximum temperature; and maximum specific gravity of the absorbing liquid. gravity. Condenser ...... Exit temperature ...... Maximum temperature. Carbon adsorber ...... Total regeneration steam flow or nitrogen flow, or pressure Maximum flow or pressure; and maximum (gauge or absolute) a during carbon bed regeneration temperature. cycle; and temperature of the carbon bed after regenera- tion (and within 15 minutes of completing any cooling cycle(s)). Other devices (or as an alternate HAP concentration level or reading at outlet of device ...... Maximum HAP concentration or reading. to the above) b. a 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers. b Concentration is measured instead of an operating parameter.

TABLE 8 TO SUBPART U OF PART 63.ÐSUMMARY OF COMPLIANCE ALTERNATIVE REQUIREMENTS FOR THE BACK-END PROCESS PROVISIONS

Compliance alternative Parameter to be monitored Requirements

Compliance Using Stripping Technology, Residual organic HAP content in each (1) If a stripper operated in batch mode is used, at least Demonstrated through Periodic Sam- sample of crumb or latex. one representative sample is to be taken from every pling [§ 63.495(b)]. batch. (2) If a stripper operated in continuous mode is used, at least one representative sample is to be taken each op- erating day. Quantity of Material (weight of latex or (1) Acceptable methods of determining this quantity are dry crumb rubber) represented by production records, measurement of stream characteris- each sample. tics, and engineering calculations. Compliance Using Stripping Technology, At a minimum, temperature, pressure, (1) Establish stripper operating parameter levels for each Demonstrated through Stripper Param- steaming rates (for steam strippers), grade in accordance with § 63.505(e). eter Monitoring [§ 63.495(c)]. and some parameter that is indic- (2) Continuously monitor stripper operating parameters. ative of residence time. (3) If hourly average parameters are outside of the estab- lished operating parameter levels, a crumb or latex sam- ple shall be taken in accordance with § 63.495(c)(3)(ii). Determining Compliance Using Control Parameters to be monitored are de- Comply with requirements listed in Table 3 of subpart G of or Recovery Devices [§ 63.496]. scribed in Table 3 of subpart G of this part, except for the requirements for halogenated this part. vent stream scrubbers.

TABLE 9 TO SUBPART U OF PART 63.ÐROUTINE REPORTS REQUIRED BY THIS SUBPART

Reference Description of report Due date

§ 63.506(b) and Subpart A ...... Refer to § 63.506(b), Table 1 of this subpart, and to subpart Refer to subpart A. A. § 63.506(e)(3) ...... Precompliance Report a ...... Existing affected sources: 12 months prior to compliance date. New affected sources: with the application for approval of construction or reconstruction. § 63.506(e)(4) ...... Emissions Averaging Plan ...... 18 months prior to the compliance date. § 63.506(e)(4)(iv) ...... Updates to Emissions Averaging Plan ...... 120 days prior to making the change neces- sitating the update. § 63.506(e)(5) ...... Notification of Compliance Status b ...... Within 150 days after the compliance date. § 63.506(e)(6) ...... Periodic Reports ...... Semiannually, no later than 60 days after the end of each 6-month period. See § 63.506(e)(6)(i) for the due date for this re- port. § 63.506(e)(6)(xi) ...... Quarterly reports for Emissions Averaging ...... No later than 60 days after the end of each quarter. First report is due with the Notifica- tion of Compliance Status. § 63.506(e)(6)(xii) ...... Quarterly reports upon request of the Administrator ...... No later than 60 days after the end of each quarter.

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TABLE 9 TO SUBPART U OF PART 63.ÐROUTINE REPORTS REQUIRED BY THIS SUBPARTÐContinued

Reference Description of report Due date

§ 63.506(e)(7)(i) ...... Storage Vessels Notification of Inspection ...... At least 30 days prior to the refilling of each storage vessel or the inspection of each storage vessel. § 63.506(e)(7)(ii) ...... Requests for Approval of a Nominal Control Efficiency for Initial submittal is due with the Emissions Use in Emissions Averaging. Averaging Plan; later submittals are made at the discretion of the owner or operator as specified in § 63.506(e)(7)(ii)(B). § 63.506(e)(7)(iii) ...... Notification of Change in the Primary Product ...... For notification under § 63.480(f)(3)(ii)Ðnotifi- cation submittal date at the discretion of the owner or operator.c For notification under § 63.480(f)(4)(ii)Ðwithin 6 months of making the determination. a There may be two versions of this report due at different times; one for equipment subject to § 63.502 and one for other emission points sub- ject to this subpart. b There will be two versions of this report due at different times; one for equipment subject to § 63.502 and one for other emission points sub- ject to this subpart. c Note that the EPPU remains subject to this subpart until the notification under § 63.480(f)(3)(i) is made.

Subpart JJJÐNational Emission this section and from any situation affected sources nor part of an affected Standards for Hazardous Air Pollutant described in paragraph (i) of this source. Emissions: Group IV Polymers and section. (b) TPPUs without organic HAP. The Resins (i) At a site without HAP emission owner or operator of a TPPU that is part points before March 29, 1995 (i.e., a of an affected source, as defined in 29. Section 63.1310 is amended by: ‘‘greenfield’’ site), each group of one or paragraph (a) of this section, but that a. Revising paragraphs (a), (b), (c), (e), more TPPU and associated equipment, does not use or manufacture any organic (f), (g) introductory text, (g)(1) through as listed in paragraph (a)(4) of this HAP shall comply with the (g)(4), (g)(6), (g)(7), (g)(8), (h), (i) section, that is manufacturing the same requirements of either paragraph (b)(1) introductory text, (i)(1) introductory primary product and that is part of a or (b)(2) of this section. Such a TPPU is text, (i)(1)(i), (i)(1)(ii), (i)(2)(i) major source on which construction not subject to any other provisions of introductory text, (i)(2)(i)(A), (i)(2)(ii), commenced after March 29, 1995; this subpart and is not required to (i)(3), (i)(4), (i)(5), and (j); (ii) A group of one or more TPPU comply with the provisions of subpart A b. Removing paragraph (i)(2)(iii); and meeting the criteria in paragraph (i)(1)(i) of this part. c. Adding paragraph (i)(6), to read as of this section; or (1) Retain information, data, and follows: (iii) A reconstructed affected source analyses used to document the basis for § 63.1310 Applicability and designation of meeting the criteria in paragraph (i)(2)(i) the determination that the TPPU does affected sources. of this section. not use or manufacture any organic HAP. Types of information that could (a) Definition of affected source. The (4) Emission points and equipment. document this determination include, provisions of this subpart apply to each The affected source also includes the but are not limited to, records of affected source. Affected sources are emission points and equipment chemicals purchased for the process, described in paragraphs (a)(1) through specified in paragraphs (a)(4)(i) through analyses of process stream composition, (a)(4) of this section. (a)(4)(vi) of this section that are (1) An affected source is either an associated with each applicable group of engineering calculations, or process existing affected source or a new one or more TPPU constituting an knowledge. (2) When requested by the affected source. Existing affected source affected source. Administrator, demonstrate that the is defined in paragraph (a)(2) of this (i) Each waste management unit. TPPU does not use or manufacture any section, and new affected source is (ii) Maintenance wastewater. (iii) Each heat exchange system. organic HAP. defined in paragraph (a)(3) of this (c) Emission points not subject to the (iv) Each process contact cooling section. provisions of this subpart. The affected tower used in the manufacture of PET (2) An existing affected source is source includes the emission points that is associated with a new affected defined as each group of one or more listed in paragraphs (c)(1) through (c)(9) source. thermoplastic product process units of this section, but these emission (v) Each process contact cooling tower (TPPU) and associated equipment, as points are not subject to the used in the manufacture of PET using a listed in paragraph (a)(4) of this section requirements of this subpart or to the continuous terephthalic acid high that is not part of a new affected source, provisions of subpart A of this part. as defined in paragraph (a)(3) of this viscosity multiple end finisher process (1) Equipment that does not contain section, that is manufacturing the same that is associated with an existing organic HAP and is located within a primary product, and that is located at affected source. TPPU that is part of an affected source; a plant site that is a major source. (vi) Equipment required by, or (2) Stormwater from segregated (3) A new affected source is defined utilized as a method of compliance sewers; as something that meets the criteria of with, this subpart which may include (3) Water from fire-fighting and paragraph (a)(3)(i), (a)(3)(ii), or (a)(3)(iii) control devices and recovery devices. deluge systems in segregated sewers; of this section. The situation described (5) TPPUs and associated equipment, (4) Spills; in paragraph (a)(3)(i) of this section is as listed in paragraph (a)(4) of this (5) Water from safety showers; distinct from those situations described section, that are located at plant sites (6) Water from testing of deluge in paragraphs (a)(3)(ii) and (a)(3)(iii) of that are not major sources are neither systems;

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(7) Water from testing of firefighting applicability determinations. Paragraphs (B) If the flexible operation unit will systems; (f)(9) and (f)(10) of this section describe manufacture multiple products equally (8) Vessels and equipment storing criteria for removing the TPPU based on operating time, then the and/or handling material that contain designation from a process unit. product with the greatest expected no organic HAP and/or organic HAP as (1) Initial Determination. The owner production on a mass basis over the impurities only; and or operator shall initially determine if a specified five year period for existing (9) Equipment that is intended to process unit is subject to the provisions process units, or the specified one year operate in organic HAP service for less of this subpart based on the primary period for new process units shall than 300 hours during the calendar year. product of the process unit in represent the primary product of the * * * * * accordance with paragraphs (f)(1)(i) flexible operation unit. (e) Applicability determination of through (iii) of this section. If the (iv) If, according to paragraph (f)(1)(i), nonthermoplastic equipment included process unit never uses or manufactures (ii), or (iii) of this section, the primary within the boundaries of a TPPU. If a any organic HAP, regardless of the product of a process unit is a polymer that is not subject to this outcome of the primary product thermoplastic product, then that process subpart is produced within the determination, the only requirements of unit shall be designated as a TPPU. That equipment (i.e., collocated) making up a this subpart that might apply to the TPPU and associated equipment, as TPPU and at least 50 percent of said process unit are contained in paragraph listed in paragraph (a)(4) of this section polymer is used in the production of a (b) of this section. If a flexible operation is either an affected source or part of an unit does not use or manufacture any affected source comprised of other thermoplastic product manufactured by organic HAP during the manufacture of TPPU and associated equipment, as said TPPU, the unit operations involved one or more products, paragraph (f)(5)(i) listed in paragraph (a)(4) of this section, in the production of said polymer are of this section applies to that flexible subject to this subpart with the same considered part of the TPPU and are operation unit. primary product at the same plant site subject to this subpart except as (i) If a process unit only manufactures that is a major source. If the primary specified in this paragraph (e). Any one product, then that product shall product of a process unit is determined emission points that are subject to represent the primary product of the to be a product that is not a another subpart of this part and that are process unit. thermoplastic product, then that process from said unit operations shall remain (ii) If a process unit produces more unit is not a TPPU. subject to that other subpart of this part than one intended product at the same (2) If the primary product cannot be and are not subject to this subpart. All time, the primary product shall be determined for a flexible operation unit emission points from those unit determined in accordance with in accordance with paragraph (f)(1)(iii) operations that are not subject to paragraph (f)(1)(ii)(A) or (B) of this of this section, applicability shall be another subpart of this part shall be section. determined in accordance with this subject to this subpart. (A) The product for which the process paragraph. (f) Primary product determination and unit has the greatest annual design (i) If the owner or operator cannot applicability. An owner or operator of a capacity on a mass basis shall represent determine the primary product in process unit that produces or plans to the primary product of the process unit, accordance with paragraph (f)(1)(iii) of produce a thermoplastic product shall or this section, but can determine that a determine if the process unit is subject (B) If a process unit has the same thermoplastic product is not the to this subpart in accordance with this maximum annual design capacity on a primary product, then that flexible paragraph. The owner or operator shall mass basis for two or more products, operation unit is not a TPPU. initially determine whether a process and if one of those products is a (ii) If the owner or operator cannot unit is designated as a TPPU and subject thermoplastic product, then the determine the primary product in to the provisions of this subpart in thermoplastic product shall represent accordance with paragraph (f)(1)(iii) of accordance with either paragraph (f)(1) the primary product of the process unit. this section, and cannot determine that or (f)(2) of this section. The owner or (iii) If a process unit is designed and a thermoplastic product is not the operator of a flexible operation unit that operated as a flexible operation unit, the primary product as specified in was not initially designated as a TPPU, primary product shall be determined as paragraph (f)(2)(i) of this section, but in which a thermoplastic product is specified in paragraphs (f)(1)(iii)(A) or applicability shall be determined in produced, shall conduct an annual re- (B) of this section based on the accordance with paragraph (f)(2)(ii)(A) determination of the applicability of this anticipated operations for the 5 years or (f)(2)(ii)(B) of this section. subpart in accordance with paragraph following September 12, 1996 at (A) If the flexible operation unit is an (f)(3) of this section. Owners or existing process units, or for the first existing process unit, the flexible operators that anticipate the production year after the process unit begins operation unit shall be designated as a of a thermoplastic product in a process production of any product for new TPPU if a thermoplastic product was unit that was not initially designated as process units. If operations cannot be produced for 5 percent or greater of the a TPPU, and in which no thermoplastic anticipated sufficiently to allow the total operating time of the flexible products are currently produced, shall determination of the primary product operating unit since March 9, 1999. That determine if the process unit is subject for the specified period, applicability TPPU and associated equipment, as to this subpart in accordance with shall be determined in accordance with listed in paragraph (a)(4) of this section, paragraph (f)(4) of this section. paragraph (f)(2) of this section. is either an affected source, or part of an Paragraphs (f)(3) and (f)(5) through (f)(7) (A) If the flexible operation unit will affected source comprised of other of this section discuss compliance only manufacture one product for the greatest TPPU and associated equipment, as for flexible operation units. Other operating time over the specified five listed in paragraph (a)(4) of this section, paragraphs apply to all process units, year period for existing process units, or subject to this subpart with the same including flexible operation units, the specified one year period for new primary product at the same plant site unless otherwise noted. Paragraph (f)(8) process units, then that product shall that is a major source. For a flexible of this section contains reporting represent the primary product of the operation unit that is designated as an requirements associated with the flexible operation unit. TPPU in accordance with this

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TPPU. of a thermoplastic product in a process (6) Owners or operators of TPPUs that (B) If the flexible operation unit is a unit that is not designated as a TPPU, are flexible operation units have the new process unit, the flexible operation and in which no thermoplastic products option of determining the group status unit shall be designated as a TPPU if the have been produced in the previous 5 of each emission point associated with owner or operator anticipates that a year period or since the date that the the flexible operation unit, in thermoplastic product will be process unit began production of any accordance with either paragraph manufactured in the flexible operation product, whichever is shorter, shall (f)(6)(i) or (f)(6)(ii) of this section, with unit at any time in the first year after the determine if the process unit is subject the exception of batch process vents. date the unit begins production of any to this subpart in accordance with For batch process vents, the owner or product. That TPPU and associated paragraphs (f)(4)(i) and (ii) of this operator shall determine the group equipment, as listed in paragraph (a)(4) section. Also, owners or operators who status in accordance with § 63.1323. of this section, is either an affected have notified the Administrator that a (i) The owner or operator may source, or part of an affected source process unit is not a TPPU in determine the group status of each comprised of other TPPU and associated accordance with paragraph (f)(9) of this emission point based on emission point equipment, as listed in paragraph (a)(4) section, that now anticipate the characteristics when the primary of this section, subject to this subpart production of a thermoplastic product product is being manufactured. The with the same primary product at the in the process unit, shall determine if criteria that shall be used for this group same plant site that is a major source. the process unit is subject to this determination are the Group 1 criteria For a process unit that is designated as subpart in accordance with paragraphs specified for the primary product. (ii) The owner or operator may a TPPU in accordance with this (f)(4)(i) and (ii) of this section. determine the group status of each paragraph, the thermoplastic product (i) The owner or operator shall use the emission point separately for each that will be produced shall be procedures in paragraph (f)(1) or (f)(2) of product produced by the flexible designated as the primary product of the this section to determine if the process operation unit. For each product, the TPPU. If more than one thermoplastic unit is designated as a TPPU, with the group status shall be determined using product will be produced, the owner or following exception: for existing process the emission point characteristics when operator may select which units that are determining the primary that product is being manufactured and thermoplastic product is designated as product in accordance with paragraph using the Group 1 criteria specified for the primary product. (f)(1)(iii) of this section, or that are determining applicability in accordance the primary product. (Note: Under this (3) Annual applicability with paragraph (f)(2) of this section, scenario, it is possible that the group determination for non-TPPUs that have production shall be projected for the status, and therefore the requirement to produced a thermoplastic product. Once five years following the date that the achieve emission reductions, for an per year beginning September 12, 2001, owner or operator anticipates initiating emission point may change depending the owner or operator of each flexible the production of a thermoplastic on the product being manufactured.) operation unit that is not designated as product, instead of the five years (7) Owners or operators determining a TPPU, but that has produced a following September 12, 1996. the group status of emission points in thermoplastic product at any time in the (ii) If the unit is designated as a TPPU flexible operation units based solely on preceding five-year period or since the in accordance with paragraph (f)(4)(i) of the primary product in accordance with date that the unit began production of this section, the owner or operator shall paragraph (f)(6)(i) of this section shall any product, whichever is shorter, shall comply in accordance with paragraph establish parameter monitoring levels, perform the evaluation described in (i)(1) of this section. as required, in accordance with either paragraphs (f)(3)(i) through (f)(3)(iii) of (5) Compliance for flexible operation paragraph (f)(7)(i) or (f)(7)(ii) of this this section. units. Owners or operators of TPPUs section. Owners or operators (i) For each product produced in the that are flexible operation units shall determining the group status of flexible operation unit, the owner or comply with the standards specified for emission points in flexible operation operator shall calculate the percentage the primary product, with the units based on each product in of total operating time over which the exceptions provided in paragraphs accordance with paragraph (f)(6)(ii) of product was produced during the (f)(5)(i) and (f)(5)(ii) of this section. this section shall establish parameter preceding five-year period. (i) Whenever a flexible operation unit monitoring levels, as required, in (ii) The owner or operator shall manufactures a product in which no accordance with paragraph (f)(7)(i) of identify the primary product as the organic HAP is used or manufactured, this section. product with the highest percentage of the owner or operator is only required (i) Establish separate parameter total operating time for the preceding to comply with either paragraph (b)(1) monitoring levels in accordance with five-year period. or (b)(2) of this section to demonstrate § 63.1334(a) for each individual (iii) If the primary product identified compliance for activities associated product. in paragraph (f)(3)(ii) is a thermoplastic with the manufacture of that product. (ii) Establish a single parameter product, the flexible operation unit shall This subpart does not require monitoring level (for each parameter be designated as a TPPU. The owner or compliance with the provisions of required to be monitored at each device operator shall notify the Administrator subpart A of this part for activities subject to monitoring requirements) in no later than 45 days after determining associated with the manufacture of a accordance with § 63.1334(a) that would that the flexible operation unit is a product that meets the criteria of apply for all products. TPPU, and shall comply with the paragraph (b) of this section. (8) Reporting requirements. When it is requirements of this subpart in (ii) Whenever a flexible operation unit determined that a process unit is a accordance with paragraph (i)(1) of this manufactures a product that makes it TPPU and subject to the requirements of section for the flexible operation unit. subject to subpart GGG of this part, the this subpart, the Notification of

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Compliance Status required by accordance with paragraphs (f)(10)(i) subject to this subpart, the storage vessel § 63.1335(e)(5) shall include the through (iii) of this section. shall be assigned to said TPPU. information specified in paragraphs (i) For each product produced in the * * * * * (f)(8)(i) and (f)(8)(ii) of this section, as flexible operation unit, the owner or (6) If the predominant use of a storage applicable. If it is determined that the operator shall calculate the percentage vessel varies from year to year, then process unit is not subject to this of total operating time in which the predominant use shall be determined subpart, the owner or operator shall product was produced for the preceding based on the utilization that occurred either retain all information, data, and five-year period, or since the date that during the year preceding September 12, analysis used to document the basis for the process unit began production of 1996 or based on the expected the determination that the primary any product, whichever is shorter. utilization for the 5 years following product is not a thermoplastic product, (ii) The owner or operator shall September 12, 1996 for existing affected or, when requested by the identify the primary product as the sources, whichever is more Administrator, demonstrate that the product with the highest percentage of representative of the expected process unit is not subject to this total operating time for the period. operations for said storage vessel, and subpart. (iii) If the conditions in (f)(10)(iii)(A) based on the expected utilization for the (i) If the TPPU manufactures only one through (C) of this section are met, the first 5 years after initial start-up for new thermoplastic product, identification of flexible operation unit shall no longer affected sources. The determination of that thermoplastic product. be designated as a TPPU and shall no predominant use shall be reported in (ii) If the TPPU is designed and longer be subject to the provisions of the Notification of Compliance Status, operated as a flexible operation unit, the this subpart after the date that the as required by § 63.1335(e)(5)(vi). information specified in paragraphs process unit is required to be in (7) Where a storage vessel is located (f)(8)(ii)(A) through (f)(8)(ii)(D) of this compliance with the provisions of the at a major source that includes one or section, as appropriate, shall be other subpart of this part to which it is more process units which place material submitted. subject. If the conditions in paragraphs into, or receive materials from the (A) If a primary product could be (f)(10)(iii)(A) through (C) of this section storage vessel, but the storage vessel is determined, identification of the are not met, the flexible operation unit located in a tank farm (including a primary product. shall continue to be considered a TPPU marine tank farm), the applicability of (B) Identification of which and subject to the requirements of this this subpart shall be determined compliance option, either paragraph subpart. according to the provisions in (A) The product identified in (f)(6)(i) or (f)(6)(ii) of this section, has paragraphs (g)(7)(i) through (g)(7)(iv) of (f)(10)(ii) of this section is not a been selected by the owner or operator. this section. thermoplastic product; and (C) If the option to establish separate (B) The production of the product (i) The storage vessel may only be parameter monitoring levels for each identified in (f)(10)(ii) of this section is assigned to a process unit that utilizes product in paragraph (f)(7)(i) of this subject to another subpart of this part; the storage vessel and does not have an section is selected, the identification of and intervening storage vessel for that each product and the corresponding (C) The owner or operator submits a product (or raw material, as parameter monitoring level. notification to the Administrator of the appropriate). With respect to any (D) If the option to establish a single pending change in applicability. process unit, an intervening storage parameter monitor level in paragraph (g) Storage vessel ownership vessel means a storage vessel connected (f)(7)(ii) of this section is selected, the determination. The owner or operator by hard-piping both to the process unit parameter monitoring level for each shall follow the procedures specified in and to the storage vessel in the tank parameter. paragraphs (g)(1) through (g)(7) of this farm so that product or raw material (9) TPPUs terminating production of section to determine to which process entering or leaving the process unit all thermoplastic products. If a TPPU unit a storage vessel shall be assigned. flows into (or from) the intervening terminates the production of all Paragraph (g)(8) of this section specifies storage vessel and does not flow directly thermoplastic products and does not when an owner or operator is required into (or from) the storage vessel in the anticipate the production of any to redetermine to which process unit a tank farm. thermoplastic products in the future, the storage vessel is assigned. (ii) If there is no process unit at the process unit is no longer a TPPU and is (1) If a storage vessel is already major source that meets the criteria of not subject to this subpart after subject to another subpart of 40 CFR paragraph (g)(7)(i) of this section with notification is made to the part 63 on September 12, 1996, said respect to a storage vessel, this subpart Administrator. This notification shall be storage vessel shall be assigned to the does not apply to the storage vessel. accompanied by a rationale for why it process unit subject to the other subpart. (iii) If there is only one process unit is anticipated that no thermoplastic (2) If a storage vessel is dedicated to at the major source that meets the products will be produced in the a single process unit, the storage vessel criteria of paragraph (g)(7)(i) of this process unit in the future. shall be assigned to that process unit. section with respect to a storage vessel, (10) Redetermination of applicability (3) If a storage vessel is shared among the storage vessel shall be assigned to to TPPUs that are flexible operation process units, then the storage vessel that process unit. units. Whenever changes in production shall be assigned to that process unit (iv) If there are two or more process occur that could reasonably be expected located on the same plant site as the units at the major source that meet the to change the primary product of a storage vessel that has the greatest input criteria of paragraph (g)(7)(i) of this TPPU that is operating as a flexible into or output from the storage vessel section with respect to a storage vessel, operation unit from a thermoplastic (i.e., said process unit has the the storage vessel shall be assigned to product to a product that would make predominant use of the storage vessel). one of those process units according to the process unit subject to another (4) If predominant use cannot be the provisions of paragraphs (g)(3) subpart of this part, the owner or determined for a storage vessel that is through (g)(6) of this section. The operator shall re-evaluate the status of shared among process units and if only predominant use shall be determined the process unit as a TPPU in one of those process units is a TPPU among only those process units that

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The determination of paragraph (a)(4) of this section, will ceases to receive material from (or send predominant use shall be reported in meet the definition of a major source. material to) a process unit, the owner or the Notification of Compliance Status, (ii) If a group of one or more TPPUs operator shall re-evaluate the as required by § 63.1335(e)(5)(vii). that produce the same primary product applicability of this subpart to the (7) If a piece of recovery operations is added to a plant site, and the group storage vessel. equipment begins receiving material of one or more TPPUs does not meet the (h) Recovery operations equipment from a process unit that was not criteria specified in paragraph (i)(1)(i) of ownership determination. The owner or included in the initial determination, or this section, and the plant site meets, or operator shall follow the procedures ceases to receive material from a process after the addition will meet, the specified in paragraphs (h)(1) through unit that was included in the initial definition of a major source, the group (h)(6) of this section to determine to determination, the owner or operator of one or more TPPUs and associated which process unit recovery operations shall reevaluate the applicability of this equipment, as listed in paragraph (a)(4) equipment shall be assigned. Paragraph subpart to that recovery operations of this section, shall comply with the (h)(7) of this section specifies when an equipment. requirements for an existing affected owner or operator is required to (i) Changes or additions to plant sites. source in this subpart upon initial start- redetermine to which process unit the The provisions of paragraphs (i)(1) up; by September 12, 1999; or by 6 recovery operations equipment is through (i)(4) of this section apply to months after notifying the assigned. owners or operators that change or add Administrator that a process unit has (1) If recovery operations equipment to their plant site or affected source. been designated as a TPPU (in is already subject to another subpart of Paragraph (i)(5) of this section provides accordance with paragraph (f)(3)(iii) of 40 CFR part 63 on September 12, 1996, examples of what are and are not this section), whichever is later. said recovery operations equipment considered process changes for (2) * * * shall be assigned to the process unit purposes of this paragraph (i) of this (i) If any process change or addition subject to the other subpart. section. Paragraph (i)(6) of this section is made to an existing affected source (2) If recovery operations equipment discusses reporting requirements. and said process change or addition is dedicated to a single process unit, the (1) Adding a TPPU to a plant site. The meets the criteria specified in recovery operations equipment shall be provisions of paragraphs (i)(1)(i) and paragraphs (i)(2)(i)(A) through assigned to that process unit. (i)(1)(ii) of this section apply to owners (i)(2)(i)(B) of this section, the affected (3) If recovery operations equipment or operators that add one or more is shared among process units, then the source shall be a new affected source TPPUs to a plant site. and shall be subject to the requirements recovery operations equipment shall be (i) If a group of one or more TPPUs for a new affected source in this subpart assigned to that process unit located on that produce the same primary product upon initial start-up or by February 27, the same plant site as the recovery is added to a plant site, the group of one 1998, whichever is later. operations equipment that has the or more TPPUs and associated (A) It is a process change or addition greatest input into or output from the equipment, as listed in paragraph (a)(4) that meets the definition of recovery operations equipment (i.e., of this section, shall be a new affected reconstruction in § 63.1312(b); and said process unit has the predominant source and shall comply with the use of the recovery operations requirements for a new affected source * * * * * equipment). in this subpart upon initial start-up or (ii) If any process change is made that (4) If predominant use cannot be by February 27, 1998, whichever is results in one or more Group 1 emission determined for recovery operations later, if the criteria specified in either points (i.e., either newly created Group equipment that is shared among process paragraph (i)(1)(i)(A) or (i)(1)(i)(B) of 1 emission points or emission points units and if one of those process units this section are met, and the criteria in that change group status from Group 2 is a TPPU subject to this subpart, the either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) to Group 1); if any process change is recovery operations equipment shall be of this section are met: made that results in baseline emissions assigned to said TPPU. (A) The construction of the group of (i.e., emissions prior to applying (5) If predominant use cannot be one or more TPPUs commenced after controls for purposes of complying with determined for recovery operations March 29, 1995. this rule) from continuous process vents equipment that is shared among process (B) The construction or in the collection of material recovery units and if more than one of the reconstruction, for process units that sections within the affected source at an process units are TPPUs that have have become TPPUs, commenced after existing affected source producing PET different primary products and that are March 29, 1995. using a continuous dimethyl subject to this subpart, then the owner (C) The group of one or more TPPUs terephthalate process changing from less or operator shall assign the recovery and associated equipment, as listed in than or equal to 0.12 kg organic HAP per operations equipment to any one of said paragraph (a)(4) of this section, has the Mg of product to greater than 0.12 kg TPPUs. potential to emit 10 tons per year or organic HAP per Mg of product; or if (6) If the predominant use of recovery more of any HAP or 25 tons per year or any other emission point(s) is added to operations equipment varies from year more of any combination of HAP, and an existing affected source (i.e., Group to year, then predominant use shall be the primary product of the group of one 2 emission point(s) or equipment leak determined based on the utilization that or more TPPUs is currently produced at components subject to § 63.1331) and occurred during the year preceding the plant site as the primary product of the process change or addition does not September 12, 1996 or based on the an affected source; or meet the criteria specified in paragraphs expected utilization for the 5 years (D) The primary product of the group (i)(2)(i)(A) through (i)(2)(i)(B) of this following September 12, 1996 for of one or more TPPUs is not currently section, the resulting emission point(s)

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00102 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11661 shall be subject to the requirements for limitations referred to in this subpart owner or operator has reason to believe an existing affected source in this shall apply at all times except during that monitoring equipment would be subpart. The emission point(s) shall be periods of non-operation of the affected damaged due to a contemporaneous in compliance upon initial start-up or source (or specific portion thereof) start-up, shutdown, or malfunction of by the appropriate compliance date resulting in cessation of the emissions to the affected source or portion thereof, specified in § 63.1311 (i.e., February 27, which this subpart applies. The the owner or operator shall provide 1998 for most equipment leak emission limitations of this subpart and documentation supporting such a claim components subject to § 63.1331 and the emission limitations referred to in in the Precompliance Report or in a September 12, 1999 for emission points this subpart shall not apply during supplement to the Precompliance other than equipment leaks), whichever periods of start-up, shutdown, or Report, as provided in § 63.1335(e)(3). is later. malfunction. During periods of start-up, Once approved by the Administrator in (3) Existing affected source shutdown, or malfunction, the owner or accordance with § 63.1335(e)(3)(viii), requirements for surge control vessels operator shall follow the applicable the provision for ceasing to collect, and bottoms receivers that become provisions of the start-up, shutdown, during a start-up, shutdown, or subject to subpart H requirements. If a and malfunction plan required by malfunction, monitoring data that process change or addition of an § 63.6(e)(3). However, if a start-up, would otherwise be required by the emission point causes a surge control shutdown, malfunction, or period of provisions of this subpart must be vessel or bottoms receiver to become non-operation of one portion of an incorporated into the start-up, subject to § 63.170 under this paragraph affected source does not affect the shutdown, malfunction plan for that (i), the owner or operator shall be in ability of a particular emission point to affected source, as stated in compliance upon initial start-up or by comply with the emission limitations to § 63.1335(b)(1). September 12, 1999, whichever is later. which it is subject, then that emission (4) During start-ups, shutdowns, and (4) Existing affected source point shall still be required to comply malfunctions when the emission requirements for compressors that with the applicable emission limitations limitations of this subpart do not apply become subject to the requirements of of this subpart during the start-up, pursuant to paragraphs (j)(1) through subpart H of this part. If a process shutdown, malfunction, or period of (j)(3) of this section, the owner or change or the addition of an emission non-operation. For example, if there is operator shall implement, to the extent point causes a compressor to become an overpressure in the reactor area, a reasonably available, measures to subject to § 63.164 under this paragraph storage vessel that is part of the affected prevent or minimize excess emissions to (i), the owner or operator shall be in source would still be required to be the extent practical. For purposes of this compliance upon initial start-up or by controlled in accordance with the paragraph, the term ‘‘excess emissions’’ the compliance date for that compressor emission limitations in § 63.1314. means emissions in excess of those that as specified in § 63.1311(d)(1) through Similarly, the degassing of a storage would have occurred if there were no (d)(4), whichever is later. vessel would not affect the ability of a start-up, shutdown, or malfunction and (5) Determining what are and are not batch process vent to meet the emission the owner or operator complied with the process changes. For purposes of limitations of §§ 63.1321 through relevant provisions of this subpart. The paragraph (i) of this section, examples of 63.1327. measures to be taken shall be identified process changes include, but are not (2) The emission limitations set forth in the applicable start-up, shutdown, limited to, changes in feedstock type, or in subpart H of this part, as referred to and malfunction plan, and may include, catalyst type, or whenever there is a in § 63.1331, shall apply at all times but are not limited to, air pollution replacement, removal, or addition of except during periods of non-operation control technologies, recovery recovery equipment, or changes that of the affected source (or specific technologies, work practices, pollution increase production capacity. For portion thereof) in which the lines are prevention, monitoring, and/or changes purposes of paragraph (i) of this section, drained and depressurized resulting in in the manner of operation of the process changes do not include: process cessation of the emissions to which affected source. Back-up control devices upsets, unintentional temporary process § 63.1331 applies, or during periods of are not required, but may be used if changes, and changes that are within the start-up, shutdown, malfunction, or available. equipment configuration and operating process unit shutdown (as defined in 30. Section 63.1311 is amended by: conditions documented in the § 63.161). a. Revising the section title and Notification of Compliance Status report (3) The owner or operator shall not paragraphs (a), (d) introductory text, required by § 63.1335(e)(5). shut down items of equipment that are (d)(1) introductory text, (d)(2), (d)(3), (6) Reporting requirements for owners required or utilized for compliance with and (d)(5), (e) introductory text, (h), or operators that change or add to their this subpart during periods of start-up, (i)(1), (j), (l) and (m); and plant site or affected source. Owners or shutdown, or malfunction during times b. Adding paragraph (d)(6), (e)(3), operators that change or add to their when emissions (or, where applicable, (i)(3), (n), and (o), to read as follows: plant site or affected source, as wastewater streams or residuals) are discussed in paragraphs (i)(1) and (i)(2) being routed to such items of § 63.1311 Compliance dates and of this section, shall submit a report as equipment, if the shutdown would relationship of this subpart to existing specified in § 63.1335(e)(7)(iv). contravene requirements of this subpart applicable rules. (j) Applicability of this subpart during applicable to such items of equipment. (a) Affected sources are required to periods of start-up, shutdown, This paragraph (j)(3) does not apply if achieve compliance on or before the malfunction, or non-operation. the item of equipment is dates specified in paragraphs (b) Paragraphs (j)(1) through (j)(4) of this malfunctioning. This paragraph also through (d) of this section. Paragraph (e) section shall be followed during periods does not apply if the owner or operator of this section provides information on of start-up, shutdown, malfunction, or shuts down the compliance equipment requesting compliance extensions. non-operation of the affected source or (other than monitoring systems) to avoid Paragraphs (f) through (n) of this section any part thereof. damage due to a contemporaneous start- discuss the relationship of this subpart (1) The emission limitations set forth up, shutdown, or malfunction of the to subpart A of this part and to other in this subpart and the emission affected source or portion thereof. If the applicable rules. Where an override of

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(3) Existing affected sources * * * * * (e) Pursuant to Section 112(i)(3)(B) of producing PET using a continuous (d) Except as provided for in the Act, an owner or operator may terephthalic acid process, but not using paragraphs (d)(1) through (d)(6) of this request an extension allowing the a continuous terephthalic acid high section, existing affected sources shall existing affected source up to 1 viscosity multiple end finisher process, be in compliance with § 63.1331 no later additional year to comply with section that are subject to and complying with than February 27, 1998 unless an 112(d) standards. For purposes of this 40 CFR 60.562–1(c)(2)(ii)(B) shall extension has been granted pursuant to subpart, a request for an extension shall continue to comply with said section. paragraph (e) of this section. be submitted to the permitting authority Existing affected sources producing PET (1) Compliance with the compressor as part of the operating permit using a continuous dimethyl provisions of § 63.164 shall occur no application or to the Administrator as a terephthalic process that are subject to later than February 27, 1998 for any separate submittal or as part of the and complying with 40 CFR 60.562– compressor meeting one or more of the Precompliance Report. Requests for 1(c)(1)(ii)(B) shall continue to comply criteria in paragraphs (d)(1)(i) through extensions shall be submitted no later with said section. (d)(1)(iv) of this section, if the work can than 120 days prior to the compliance (j) Owners or operators of affected be accomplished without a process unit dates specified in paragraphs (b) sources subject to this subpart that are shutdown: through (d) of this section, except as also subject to the provisions of subpart * * * * * provided in paragraph (e)(3) of this Q of this part shall comply with both (2) Compliance with the compressor section. The dates specified in § 63.6(i) subparts. provisions of § 63.164 shall occur no for submittal of requests for extensions * * * * * later than March 12, 1998 for any shall not apply to this subpart. (l) After the compliance dates compressor meeting all the criteria in * * * * * specified in this section, a distillation paragraphs (d)(2)(i) through (d)(2)(iv) of (3) An owner or operator may submit operation that is assigned to an affected this section: a compliance extension request after the source subject to this subpart that is also (i) The compressor meets one or more date specified in paragraph (e) of this subject to the provisions of 40 CFR part of the criteria specified in paragraphs section, provided that the need for the 60, subpart NNN, is required to comply (d)(1)(i) through (d)(1)(iv) of this compliance extension arose after that only with the provisions of this subpart. section; date, and the need arose due to After the compliance dates specified in (ii) The work can be accomplished circumstances beyond reasonable this section, the distillation operation without a process unit shutdown; control of the owner or operator. This (iii) The additional time is actually shall no longer be subject to 40 CFR part request shall include, in addition to the necessary due to the unavailability of 60, subpart NNN. information specified in paragraph (e)(1) parts beyond the control of the owner or (m) Applicability of other regulations of this section, a statement of the operator; and for monitoring, recordkeeping or (iv) The owner or operator submits reasons additional time is needed and reporting with respect to combustion the request for a compliance extension the date when the owner or operator devices, recovery devices, or recapture to the appropriate Environmental first learned of the circumstances devices. After the compliance dates Protection Agency (EPA) Regional necessitating a request for compliance specified in this subpart, if any Office at the address listed in § 63.13 no extension under this paragraph (e)(3). combustion device, recovery device or later than June 16, 1997. The request for * * * * * recapture device subject to this subpart a compliance extension shall contain (h) After the compliance dates is also subject to monitoring, the information specified in specified in this section, a storage vessel recordkeeping, and reporting § 63.6(i)(6)(i)(A), (B), and (D). Unless the that is assigned to an affected source requirements in 40 CFR part 264 subpart EPA Regional Office objects to the subject to this subpart and that is also AA or CC, or is subject to monitoring request for a compliance extension subject to the provisions of 40 CFR part and recordkeeping requirements in 40 within 30 days after receipt of the 60, subpart Kb, is required to comply CFR part 265 subpart AA or CC and the request, the request shall be deemed only with the provisions of this subpart. owner or operator complies with the approved. After the compliance dates specified in periodic reporting requirements under (3) If compliance with the compressor this section, said storage vessel shall no 40 CFR part 264 subpart AA or CC that provisions of § 63.164 cannot reasonably longer be subject to 40 CFR part 60, would apply to the device if the facility be achieved without a process unit subpart Kb. had final-permitted status, the owner or shutdown, the owner or operator shall (i)(1) Except as provided in operator may elect to comply either achieve compliance no later than paragraphs (i)(2) and (i)(3) of this with the monitoring, recordkeeping and September 12, 1998. The owner or section, after the compliance dates reporting requirements of this subpart, operator who elects to use this provision specified in this section, affected or with the monitoring, recordkeeping shall submit a request for a compliance sources producing PET using a and reporting requirements in 40 CFR extension in accordance with the continuous terephthalic acid process, parts 264 and/or 265, as described in requirements of paragraph (d)(2)(iv) of producing PET using a continuous this paragraph, which shall constitute this section. dimethyl terephthalate process, or compliance with the monitoring, * * * * * producing polystyrene resin using a recordkeeping and reporting (5) Compliance with the provisions of continuous process subject to this requirements of this subpart. The owner § 63.170 shall occur no later than subpart that are also subject to the or operator shall identify which option September 12, 1999. provisions of 40 CFR part 60, subpart has been selected in the Notification of (6) Notwithstanding paragraphs (d)(1) DDD, are required to comply only with Compliance Status required by through (d)(5) of this section, existing the provisions of this subpart. After the § 63.1335(e)(5).

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(n) Applicability of other to the schedule specified in paragraphs source,’’ ‘‘Existing process unit,’’ requirements for heat exchange systems (o)(2)(i) or (o)(2)(ii) of this section, as ‘‘Flexible operation unit,’’ ‘‘Highest- or waste management units. Paragraphs appropriate. HAP recipe,’’ ‘‘Initial start-up,’’ (n)(1) and (n)(2) of this section address (i) Compliance shall be required ‘‘Maximum true vapor pressure,’’ instances in which certain requirements before the end of the standard calendar ‘‘Multicomponent system,’’ ‘‘Net from other regulations also apply for the period within which the compliance positive heating value,’’ ‘‘New affected same heat exchange system(s) or waste deadline occurs, if there remain at least source,’’ ‘‘New process unit,’’ ‘‘On-site management unit(s) that are subject to 3 days for tasks that must be performed or On site,’’ ‘‘Operating day,’’ ‘‘Recipe,’’ this subpart. weekly, at least 2 weeks for tasks that ‘‘Reconstruction,’’ ‘‘Recovery device,’’ (1) After the applicable compliance must be performed monthly, at least 1 ‘‘Residual,’’ ‘‘Shutdown,’’ ‘‘Solid state date specified in this subpart, if a heat month for tasks that must be performed polymerization process,’’ ‘‘Start-up,’’ exchange system subject to this subpart each quarter, or at least 3 months for ‘‘Total resource effectiveness index is also subject to a standard identified tasks that must be performed annually; value or TRE index value,’’ ‘‘Vent in paragraphs (n)(1)(i) or (ii) of this or stream,’’ ‘‘Waste management unit,’’ section, compliance with the applicable (ii) In all other cases, compliance ‘‘Wastewater,’’ and ‘‘Wastewater provisions of the standard identified in shall be required before the end of the stream,’’ to read as follows: paragraphs (n)(1)(i) or (ii) of this section first full standard calendar period after shall constitute compliance with the the period within which the initial § 63.1312 Definitions. applicable provisions of this subpart compliance deadline occurs. (a) The following terms used in this with respect to that heat exchange (3) In all instances where a provision subpart shall have the meaning given system. of this subpart requires completion of a them in § 63.2, § 63.101, § 63.111, (i) Subpart F of this part. task during each of multiple successive § 63.161, or the Act, as specified after (ii) A subpart of this part which periods, an owner or operator may each term: requires compliance with § 63.104 of perform the required task at any time during the specified period, provided Act (§ 63.2) subpart F of this part (e.g., subpart U of Administrator (§ 63.2) this part). that the task is conducted at a Automated monitoring and recording system (2) After the applicable compliance reasonable interval after completion of (§ 63.111) date specified in this subpart, if any the task during the previous period. Boiler (§ 63.111) waste management unit subject to this 31. Section 63.1312 is amended: Bottoms receiver (§ 63.161) subpart is also subject to a standard a. By revising paragraph (a) and the By compound (§ 63.111) identified in paragraph (n)(2)(i) or (ii) of definitions for ‘‘Acrylonitrile butadiene By-product (§ 63.101) this section, compliance with the styrene latex resin (ABS latex),’’ Car-seal (§ 63.111) applicable provisions of the standard ‘‘Aggregate batch vent stream,’’ ‘‘Batch Closed-vent system (§ 63.111) process,’’ ‘‘Batch process vent,’’ ‘‘Batch Combustion device (§ 63.111) identified in paragraph (n)(2)(i) or (ii) of Commenced (§ 63.2) this section shall constitute compliance unit operation,’’ ‘‘Continuous process,’’ ‘‘Continuous process vent,’’ Compliance date (§ 63.2) with the applicable provisions of this Connector (§ 63.161) subpart with respect to that waste ‘‘Continuous unit operation,’’ ‘‘Control Continuous monitoring system (§ 63.2) management unit. device,’’ ‘‘Emission point,’’ ‘‘Emulsion Distillation unit (§ 63.111) (i) Subpart G of this part. process,’’ ‘‘Group 1 batch process vent,’’ Duct work (§ 63.161) (ii) A subpart of this part which ‘‘Group 1 wastewater stream,’’ ‘‘Heat Emission limitation (Section 302(k) of the requires compliance with §§ 63.132 exchange system,’’ ‘‘Maintenance Act) through 63.147 of subpart G of this part wastewater,’’ ‘‘Mass process,’’ ‘‘Material Emission standard (§ 63.2) (e.g., subpart U of this part). recovery section,’’ ‘‘Organic hazardous Emissions averaging (§ 63.2) (o) All terms in this subpart that air pollutant(s) (organic HAP),’’ EPA (§ 63.2) define a period of time for completion ‘‘Polymerization reaction section,’’ Equipment leak (§ 63.101) External floating roof (§ 63.111) of required tasks (e.g., weekly, monthly, ‘‘Process unit,’’ ‘‘Process vent,’’ Fill or filling (§ 63.111) quarterly, annual), unless specified ‘‘Product,’’ ‘‘Raw materials preparation First attempt at repair (§ 63.111) otherwise in the section or paragraph section,’’ ‘‘Recovery operations Fixed capital cost (§ 63.2) that imposes the requirement, refer to equipment,’’ ‘‘Steady-state conditions,’’ Flame zone (§ 63.111) the standard calendar periods. ‘‘Storage vessel,’’ ‘‘Suspension process,’’ Floating roof (§ 63.111) (1) Notwithstanding time periods and ‘‘Thermoplastic product process Flow indicator (§ 63.111) specified in this subpart for completion unit (TPPU),’’; Fuel gas system (§ 63.101) of required tasks, such time periods may b. By removing the definitions of Halogens and hydrogen halides (§ 63.111) be changed by mutual agreement ‘‘Average flow rate,’’ ‘‘Batch cycle Hard-piping (§ 63.111) Hazardous air pollutant (§ 63.2) between the owner or operator and the limitation,’’ ‘‘Solid state polymerization Impurity (§ 63.101) Administrator, as specified in subpart A unit,’’ and ‘‘Year,’’; and In organic hazardous air pollutant service or of this part (e.g., a period could begin c. By adding definitions for the terms in organic HAP service (§ 63.161) on the compliance date or another date, ‘‘Annual average batch vent Incinerator (§ 63.111) rather than on the first day of the concentration,’’ ‘‘Annual average batch Instrumentation system (§ 63.161) standard calendar period). For each time vent flow rate,’’ ‘‘Annual average Internal floating roof (§ 63.111) period that is changed by agreement, the concentration,’’ ‘‘Annual average flow Lesser quantity (§ 63.2) revised period shall remain in effect rate,’’ ‘‘Average batch vent Major source (§ 63.2) until it is changed. A new request is not concentration,’’ ‘‘Average batch vent Malfunction (§ 63.2) flow rate,’’ ‘‘Batch mass input Open-ended valve or line (§ 63.161) necessary for each recurring period. Operating permit (§ 63.101) (2) Where the period specified for limitation,’’ ‘‘Batch mode,’’ ‘‘Combined Organic monitoring device (§ 63.111) compliance is a standard calendar vent stream,’’ ‘‘Construction,’’ Owner or operator (§ 63.2) period, if the initial compliance date ‘‘Continuous mode,’’ ‘‘Continuous Performance evaluation (§ 63.2) occurs after the beginning of the period, record,’’ ‘‘Continuous recorder,’’ Performance test (§ 63.2) compliance shall be required according ‘‘Equipment,’’ ‘‘Existing affected Permitting authority (§ 63.2)

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Plant site (§ 63.101) Average batch vent flow rate is an affected source. The total organic Potential to emit (§ 63.2) determined by the procedures in HAP weight percent is determined after Pressure release (§ 63.161) § 63.1323 (e)(1) and (e)(2). the last recovery device, as described in Primary fuel (§ 63.111) § 63.115(a), and is determined as Process heater (§ 63.111) * * * * * Process unit shutdown (§ 63.161) Batch mass input limitation means an specified in § 63.115(c). Process wastewater (§ 63.101) enforceable restriction on the total mass Continuous record means Process wastewater stream (§ 63.111) of HAP or material that can be input to documentation, either in hard copy or Reactor (§ 63.111) a batch unit operation in one year. computer readable form, of data values Recapture device (§ 63.101) Batch mode means the discontinuous measured at least once every 15 minutes Research and development facility (§ 63.101) bulk movement of material through a and recorded at the frequency specified Routed to a process or route to a process unit operation. Mass, temperature, in § 63.1335(d) or § 63.1335(h). (§ 63.161) Continuous recorder means a data Run (§ 63.2) concentration, and other properties may Secondary fuel (§ 63.111) vary with time. For a unit operation recording device that either records an Sensor (§ 63.161) operated in a batch mode (i.e., batch instantaneous data value at least once Specific gravity monitoring device (§ 63.111) unit operation), the addition of material every 15 minutes or records 1-hour or Start-up, shutdown, and malfunction plan and withdrawal of material do not more frequent block average values. (§ 63.101) typically occur simultaneously. Continuous unit operation means a State (§ 63.2) Batch process means, for the purposes unit operation operated in a continuous Stationary Source (§ 63.2) of this subpart, a process where the mode. Surge control vessel (§ 63.161) reactor(s) is operated in a batch mode. Control device is defined in § 63.111, Temperature monitoring device (§ 63.111) except that the term ‘‘continuous Test method (§ 63.2) Batch process vent means a process Treatment process (§ 63.111) vent with annual organic HAP process vents subject to § 63.1315’’ shall Unit operation (§ 63.101) emissions greater than 225 kilograms apply instead of the term ‘‘process Visible emission (§ 63.2) per year from a batch unit operation vents,’’ for the purpose of this subpart. (b) * * * within an affected source. Annual * * * * * Acrylonitrile butadiene styrene latex organic HAP emissions are determined Emission point means an individual resin (ABS latex) means ABS produced as specified in § 63.488(b) at the continuous process vent, batch process through an emulsion process; however, location specified in § 63.1323(a)(2). vent, storage vessel, waste management the product is not coagulated or dried as Batch unit operation means a unit unit, equipment leak, heat exchange typically occurs in an emulsion process. operation operated in a batch mode. system, or process contact cooling * * * * * Combined vent stream, as used in tower, or equipment subject to § 63.149. Aggregate batch vent stream means a reference to batch process vents, Emulsion process means a process gaseous emission stream containing continuous process vents, and aggregate where the monomer(s) is dispersed in only the exhausts from two or more batch vent streams, means the emissions droplets throughout the water phase batch process vents that are ducted, from a combination of two or more of with the aid of an emulsifying agent hardpiped, or otherwise connected the aforementioned types of process such as soap or a synthetic emulsifier. together for a continuous flow . vents. The primary occurrence of a The polymerization occurs either within combined vent stream is the combined the emulsion droplet or in the aqueous * * * * * Annual average batch vent emissions from a continuous process phase. Equipment means, for the purposes of concentration is determined using vent and a batch process vent. the provisions in § 63.1331 and the Equation 1, as described in * * * * * requirements in subpart H that are § 63.1323(h)(2) for halogenated Construction means the on-site referred to in § 63.1331, each pump, compounds. fabrication, erection, or installation of Annual average batch vent flow rate an affected source. Construction also compressor, agitator, pressure relief is determined by the procedures in means the on-site fabrication, erection, device, sampling connection system, § 63.1323(e)(3). or installation of a process unit or open-ended valve or line, valve, Annual average concentration, as combination of process units which connector, surge control vessel, bottoms used in the wastewater provisions, subsequently becomes an affected receiver, and instrumentation system in means the flow-weighted annual source or part of an affected source, due organic hazardous air pollutant service; average concentration, as determined to a change in primary product. and any control devices or systems according to the procedures specified in Continuous mode means the required by subpart H. § 63.144(b), with the exceptions noted continuous movement of material Existing affected source is defined in in § 63.1330, for the purposes of this through a unit operation. Mass, § 63.1310(a)(3). subpart. temperature, concentration, and other Existing process unit means any Annual average flow rate, as used in properties typically approach steady- process unit that is not a new process the wastewater provisions, means the state conditions. For a unit operation unit. annual average flow rate, as determined operated in a continuous mode (i.e., * * * * * according to the procedures specified in continuous unit operation), the Flexible operation unit means a § 63.144(c), with the exceptions noted in simultaneous addition of raw material process unit that manufactures different § 63.1330, for the purposes of this and withdrawal of product is typical. chemical products, polymers, or resins subpart. Continuous process means, for the periodically by alternating raw materials Average batch vent concentration is purposes of this subpart, a process or operating conditions. These units are determined by the procedures in where the reactor(s) is operated in a also referred to as campaign plants or § 63.1323(b)(5)(iii) for HAP continuous mode. blocked operations. concentrations and is determined by the Continuous process vent means a Group 1 batch process vent means a procedures in § 63.1323(h)(1)(iii) for process vent containing greater than batch process vent releasing annual organic compounds containing halogens 0.005 weight percent total organic HAP organic HAP emissions greater than the and hydrogen halides. from a continuous unit operation within level specified in § 63.1323(d) and with

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00106 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11665 a cutoff flow rate, calculated in washing of equipment in batch is not included in the material recovery accordance with § 63.1323(f), greater operation between batches is not section; this equipment is to be than or equal to the annual average maintenance wastewater, but is included in the polymerization reaction batch vent flow rate. Annual organic considered to be process wastewater, for section. HAP emissions and annual average the purposes of this subpart. Maximum true vapor pressure is batch vent flow rate are determined at Mass process means a polymerization defined in § 63.111, except that the the exit of the batch unit operation, as process carried out through the use of terms ‘‘transfer’’ or ‘‘transferred’’ shall described in § 63.1323(a)(2). Annual thermal energy . Mass processes do not not apply for purposes of this subpart. organic HAP emissions are determined utilize emulsifying or suspending * * * * * as specified in § 63.1323(b), and annual agents, but may utilize catalysts or other Multicomponent system means, as average batch vent flow rate is additives. used in conjunction with batch process determined as specified in § 63.1323(e). Material recovery section means, for vents, a stream whose liquid and/or PET plants, the equipment that recovers * * * * * vapor contains more than one Group 1 wastewater stream means a unreacted ethylene glycol or by-product compound. wastewater stream consisting of process methanol from any process section for Net positive heating value means the return to the TPPU, or sale, or the wastewater from an existing or new difference between the heat value of the equipment that separates materials affected source that meets the criteria recovered chemical stream and the containing unreacted ethylene glycol or for Group 1 status in § 63.132(c) and/or minimum heat value required to ensure by-product methanol from any process that meets the criteria for Group 1 status a stable flame in the combustion device, section for off-site purification or in § 63.132(d), with the exceptions when the heat value of the recovered treatment with the intent to recover listed in § 63.1330(b)(8) for the purposes chemical stream is less than the ethylene glycol and/or methanol for of this subpart (i.e., for organic HAP minimum heat value required to ensure reuse. For polystyrene plants, material listed on Table 6 of this subpart only). a stable flame. This difference must recovery section means the equipment have a positive value when used in the * * * * * that recovers unreacted styrene from context of ‘‘recovering chemicals for Heat exchange system means any any process section for return to the fuel value’’ (e.g., in the definition of cooling tower system or once-through TPPU or sale, or the equipment that cooling water system (e.g., river or pond ‘‘recovery device’’ in this section). separates materials containing New affected source is defined in water) designed and intended to operate unreacted styrene from any process § 63.1310(a)(4). to not allow contact between the cooling section for off-site purification or medium and process fluid or gases (i.e., New process unit means a process treatment with the intent to recover unit for which the construction or a noncontact system). A heat exchange styrene for reuse. Equipment used to reconstruction commenced after March system can include more than one heat store recovered materials (i.e., ethylene 29, 1995. exchanger and can include recirculating glycol, methanol, or styrene) is not or once-through cooling systems. included. Equipment designed to * * * * * Highest-HAP recipe for a product recover or separate materials from the On-site or On site means, with respect means the recipe of the product with the polymer product is to be included in to records required to be maintained by highest total mass of HAP charged to the this process section, provided that at the this subpart or required by another reactor during the production of a single time of initial compliance some of the subpart referenced by this subpart, that batch of product. unreacted or by-product material is records are stored at a location within Initial start-up means the first time a recovered for return to the TPPU, or a major source which encompasses the new or reconstructed affected source sale, or some of the separated material affected source. On-site includes, but is begins production of a thermoplastic is sent for off-site purification or not limited to, storage at the affected product, or, for equipment added or treatment with the intent to recover the source or TPPU to which the records changed as described in § 63.1310(i), the unreacted or by-product material for pertain, or storage in central files first time the equipment is put into reuse. Otherwise, such equipment is to elsewhere at the major source. operation to produce a thermoplastic be assigned to one of the other process Operating day means the period product. Initial start-up does not sections, as appropriate. If equipment is defined by the owner or operator in the include operation solely for testing used to recover unreacted or by-product Notification of Compliance Status equipment. Initial start-up does not material and return it directly to the required by § 63.1335(e)(5). The include subsequent start-ups of an same piece of process equipment from operating day is the period for which affected source or portion thereof which it was emitted, then said recovery daily average monitoring values and following malfunctions or shutdowns or equipment is considered part of the batch cycle daily average monitoring following changes in product for process section that contains the process values are determined. flexible operation units or following equipment. On the other hand, if Organic hazardous air pollutant(s) recharging of equipment in batch equipment is used to recover unreacted (organic HAP) means one or more of the operation. Further, for purposes of or by-product material and return it to chemicals listed in Table 6 of this § 63.1311 and § 63.1331, initial start-up a different piece of process equipment subpart or any other chemical which is: does not include subsequent start-ups of in the same process section, said (1) Knowingly produced or affected sources or portions thereof recovery equipment is considered part introduced into the manufacturing following malfunctions or process unit of a material recovery section. process other than as an impurity; and shutdowns. Equipment used for the on-site recovery (2) Listed in Table 2 of subpart F of Maintenance wastewater is defined in of ethylene glycol from PET plants, this part. § 63.101, except that the term however, is not included in the material * * * * * ‘‘thermoplastic product process unit’’ recovery section; such equipment is to Polymerization reaction section shall apply wherever the term be included in the polymerization means the equipment designed to cause ‘‘chemical manufacturing process unit’’ reaction section. Equipment used for the monomer(s) to react to form polymers, is used. Further, the generation of on-site recovery of both ethylene glycol including equipment designed primarily wastewater from the routine rinsing or and any other materials from PET plants to cause the formation of short polymer

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00107 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11666 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules chains (e.g., oligomers or low molecular recovered material from the material recapture devices are considered weight polymers), but not including recovery process sections to the raw recovery devices. equipment designed to prepare raw material preparation section, and ends Recovery operations equipment materials for polymerization (e.g., with the last piece of equipment that means the equipment used to separate esterification vessels). For the purposes prepares the material for the components of process streams. of these standards, the polymerization polymerization. The raw materials Recovery operations equipment reaction section begins with the preparation section may include includes distillation units, condensers, equipment used to transfer the materials equipment that is used to purify, dry, or etc. Equipment used for wastewater from the raw materials preparation otherwise treat raw materials or raw and treatment and recovery or recapture section and ends with the last vessel in recovered materials together; to activate devices used as control devices shall not which polymerization occurs. catalysts; or to promote esterification be considered recovery operations Equipment used for the on-site recovery including the formation of some short equipment. of ethylene glycol from PET plants is polymer chains (oligomers). The raw Residual is defined in § 63.111, except included in this process section, rather materials preparation section does not that when the definition in § 63.111 than in the material recovery process include equipment that is designed uses the term ‘‘Table 9 compounds,’’ the section. primarily to accomplish the formation term ‘‘organic HAP listed in Table 6 of subpart JJJ’’ shall apply for purposes of * * * * * of oligomers, the treatment of recovered materials alone, or the storage of raw or this subpart. Process unit means a collection of Shutdown means for purposes equipment assembled and connected by recovered materials. Recipe means a specific composition, including, but not limited to, periodic hardpiping or duct work, used to maintenance, replacement of process raw materials and to from among the range of possible compositions that may occur within a equipment, or repair, the cessation of manufacture a product. operation of an affected source, a Process vent means a gaseous product, as defined in this section. A recipe is determined by the proportions TPPU(s) within an affected source, a emission stream from a unit operation waste management unit or unit that is discharged to the atmosphere of monomers and, if present, other reactants and additives that are used to operation within an affected source, or either directly or after passing through equipment required or used to comply one or more control, recovery, or make the recipe. For example, acrylonitrile butadiene styrene latex with this subpart, or the emptying or recapture devices. Unit operations that degassing of a storage vessel. For may have process vents are condensers, resin (ABS latex) without additives; ABS latex with an additive; and ABS purposes of the wastewater provisions distillation units, reactors, or other unit of § 63.1330, shutdown does not include operations within the TPPU. Process latex with different proportions of acrylonitrile to butadiene are all the routine rinsing or washing of vents exclude pressure releases, gaseous equipment in batch operation between different recipes of the same product, streams routed to a fuel gas system(s), batches. For purposes of the batch ABS latex. and leaks from equipment regulated process vent provisions in §§ 63.1321 under § 63.1331. A gaseous emission Reconstruction means the replacement of components of an through 63.1327, the cessation of stream is no longer considered to be a equipment in batch operation is not a process vent after the stream has been affected source or of a previously unaffected stationary source that shutdown, unless the equipment controlled and monitored in accordance undergoes maintenance, is replaced, or with the applicable provisions of this becomes an affected source as a result of the replacement, to such an extent is repaired. subpart. Solid state polymerization process that: Product means a polymer produced means a unit operation which, through using the same monomers and varying (1) The fixed capital cost of the new components exceeds 50 percent of the the application of heat, furthers the in additives (e.g., initiators, terminators, polymerization (i.e., increases the etc.); catalysts; or in the relative fixed capital cost that would be required to construct a comparable new source; intrinsic viscosity) of polymer chips. proportions of monomers, that is Start-up means the setting into manufactured by a process unit. With and (2) It is technologically and operation of an affected source, a respect to polymers, more than one economically feasible for the TPPU(s) within an affected source, a recipe may be used to produce the same reconstructed source to meet the waste management unit or unit product. As an example, styrene provisions of this subpart. operation within an affected source, or acrylonitrile resin and methyl Recovery device means: equipment required or used to comply methacrylate butadiene styrene resin (1) An individual unit of equipment with this subpart, or a storage vessel each represent a different product. capable of and normally used for the after emptying and degassing. For both Product also means a chemical that is purpose of recovering chemicals for: continuous and batch processes, start- not a polymer, that is manufactured by (i) Use; up includes initial start-up and a process unit. By-products, isolated (ii) Reuse; operation solely for testing equipment. intermediates, impurities, wastes, and (iii) Fuel value (i.e., net heating For both continuous and batch trace contaminants are not considered value); or processes, start-up does not include the products. (iv) For sale for use, reuse, or fuel recharging of equipment in batch Raw materials preparation section value (i.e., net heating value). operation. For continuous processes, means the equipment at a polymer (2) Examples of equipment that may start-up includes transitional conditions manufacturing plant designed to be recovery devices include absorbers, due to changes in product for flexible prepare raw materials, such as carbon adsorbers, condensers, oil-water operation units. For batch processes, monomers and solvents, for separators or organic-water separators, start-up does not include transitional polymerization. For the purposes of the or organic removal devices such as conditions due to changes in product for standards in this subpart, this process decanters, strippers, or thin-film flexible operation units. section includes the equipment used to evaporation units. For the purposes of Steady-state conditions means that all transfer raw materials from storage and/ the monitoring, recordkeeping, or variables (temperatures, pressures, or the equipment used to transfer reporting requirements of this subpart, volumes, flow rates, etc.) in a process do

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00108 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11667 not vary significantly with time; minor Vent stream, as used in reference to § 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or fluctuations about constant mean values batch process vents, continuous process § 63.1316(c)(1), excluding may occur. vents, and aggregate batch vent streams, § 63.1316(c)(1)(ii), may comply with Storage vessel means a tank or other means the emissions from one or more either paragraph (b)(1) or (b)(2) of this vessel that is used to store liquids that process vents. section, as appropriate. For purposes of contain one or more organic HAP. Waste management unit is defined in this paragraph (b), the owner or operator Storage vessels do not include: § 63.111, except that where the of an affected source with combined (1) Vessels permanently attached to definition in § 63.111 uses the term emission streams containing one or motor vehicles such as trucks, railcars, ‘‘chemical manufacturing process unit,’’ more batch process vents but not barges, or ships; the term ‘‘TPPU’’ shall apply for containing one or more continuous (2) Pressure vessels designed to purposes of this subpart. process vents subject to § 63.1315, operate in excess of 204.9 kilopascals Wastewater means water that: § 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii), and without emissions to the (1) Contains either: § 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or atmosphere; (i) An annual average concentration of § 63.1316(c)(1), excluding (3) Vessels with capacities smaller organic HAP listed on Table 6 of this § 63.1316(c)(1)(ii), shall comply with than 38 cubic meters; subpart, except for ethylene glycol, of at paragraph (b)(3) of this section. (4) Vessels and equipment storing least 5 parts per million by weight and (1) Comply with the applicable and/or handling material that contains has an annual average flow rate of 0.02 requirements of this subpart for each no organic HAP and/or organic HAP as liter per minute or greater; or kind of emission in the stream as impurities only; specified in paragraphs (a)(1) through (5) Wastewater storage tanks; and (ii) An annual average concentration of organic HAP listed on Table 6 of this (a)(7) of this section. (6) Surge control vessels and bottoms (2) Comply with the first set of receivers. subpart, except for ethylene glycol, of at least 10,000 parts per million by weight requirements, identified in paragraphs * * * * * at any flow rate; and (b)(2)(i) through (b)(2)(vi) of this section, Suspension process means a which applies to any individual polymerization process where the (2) Is discarded from a TPPU that is part of an affected source. Wastewater is emission stream that is included in the monomer(s) is in a state of suspension, combined stream, where either that with the help of suspending agents, in process wastewater or maintenance wastewater. emission stream would be classified as a medium other than water (typically an Group 1 in the absence of combination organic solvent). The resulting polymers Wastewater stream means a stream that contains wastewater as defined in with other emission streams, or the are not soluble in the reactor medium. owner or operator chooses to consider . this section. 32. Section 63.1313 is amended by that emission stream to be Group 1 for * * * * * revising paragraph (a) introductory text, purposes of this paragraph. Compliance Thermoplastic product process unit with the first applicable set of (TPPU) means a collection of equipment (a)(2), (b), and (c); and adding paragraph (d), to read as follows: requirements identified in paragraphs assembled and connected by hard- (b)(2)(i) through (b)(2)(vi) of this section piping or ductwork, used to process raw § 63.1313 Emission standards. constitutes compliance with all other materials and to manufacture a (a) Except as allowed under requirements in paragraphs (b)(2)(i) thermoplastic product as its primary paragraphs (b) through (d) of this through (b)(2)(vi) of this section product. This collection of equipment section, the owner or operator of an applicable to other types of emissions in includes unit operations; recovery existing or new affected source shall the combined stream. operations equipment, process vents; comply with the provisions in: (i) The requirements of this subpart equipment identified in § 63.149; for Group 1 continuous process vents * * * * * storage vessels, as determined in subject to § 63.1315, including (2) Section 63.1315, or §§ 63.1316 § 63.1310(g); and the equipment that is applicable monitoring, recordkeeping, through 63.1320, as appropriate, for subject to the equipment leak provisions and reporting; as specified in § 63.1331. Utilities, lines continuous process vents; (ii) The requirements of and equipment not containing process * * * * * § 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii), fluids, and other non-process lines, such (b) When emissions of different kinds § 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or as heating and cooling systems which (i.e., emissions from continuous process § 63.1316(c)(1), excluding do not combine their materials with vents subject to either § 63.1315 or § 63.1316(c)(1)(ii), as appropriate, for those in the processes they serve, are §§ 63.1316 through 63.1320, batch control of emissions from continuous not part of the thermoplastic product process vents, aggregate batch vent process vents subject to the control process unit. A thermoplastic product streams, storage vessels, process requirements of § 63.1316, including process unit consists of more than one wastewater, and/or in-process applicable monitoring, recordkeeping, unit operation. equipment subject to § 63.149) are and reporting requirements; * * * * * combined, and at least one of the (iii) The requirements of § 63.119(e), Total resource effectiveness index emission streams would be classified as as specified in § 63.1314, for control of value or TRE index value means a Group 1 in the absence of combination emissions from Group 1 storage vessels, measure of the supplemental total with other emission streams, the owner including applicable monitoring, resource requirement per unit reduction or operator shall comply with the recordkeeping, and reporting; organic HAP associated with a requirements of either paragraph (b)(1) (iv) The requirements of § 63.139, as continuous process vent stream, based or (b)(2) of this section, as appropriate. specified in § 63.1330, for control on vent stream flow rate, emission rate For purposes of this paragraph (b), devices used to control emissions from of organic HAP, net heating value, and combined emission streams containing waste management units, including corrosion properties (whether or not the one or more batch process vents and applicable monitoring, recordkeeping, continuous process vent stream contains containing one or more continuous and reporting; halogenated compounds), as quantified process vents subject to § 63.1315, (v) The requirements of § 63.139, as by the equations given under § 63.115. § 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii), specified in § 63.1330, for closed vent

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00109 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11668 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules systems for control of emissions from § 63.1310(g). Except as provided in control devices the owner or operator in-process equipment subject to paragraphs (b) through (d) of this has selected to follow the procedures for § 63.149, as specified in § 63.1330, section, the owner or operator of an continuous monitoring specified in including applicable monitoring, affected source shall comply with the § 63.1334. For those control devices for recordkeeping, and reporting; or requirements of §§ 63.119 through which the owner or operator has (vi) The requirements of this subpart 63.123 and 63.148 for those storage selected to not follow the procedures for for aggregate batch vent streams subject vessels, with the differences noted in continuous monitoring specified in to § 63.1321(c), including applicable paragraphs (a)(1) through (a)(17) of this § 63.1334, the monitoring plan shall monitoring, recordkeeping, and section for the purposes of this subpart. include a description of the parameter reporting. (1) When the term ‘‘storage vessel’’ is or parameters to be monitored to ensure (3) The owner or operator of an used in §§ 63.119 through 63.123, the that the control device is being properly affected source with combined emission definition of this term in § 63.1312 shall operated and maintained, an streams containing one or more batch apply for the purposes of this subpart. explanation of the criteria used for process vents but not containing one or (2) When the term ‘‘Group 1 storage selection of that parameter (or more continuous process vents subject vessel’’ is used in §§ 63.119 through parameters), and the frequency with to § 63.1315, § 63.1316(b)(1)(i)(A), 63.123, the definition of this term in which monitoring will be performed § 63.1316(b)(1)(ii), § 63.1316(b)(2)(i), § 63.1312 shall apply for the purposes of (e.g., when the liquid level in the § 63.1316(b)(2)(ii), or § 63.1316(c)(1), this subpart. storage vessel is being raised), as excluding § 63.1316(c)(1)(ii), shall (3) When the term ‘‘Group 2 storage specified in § 63.120(d)(2)(i). comply with paragraph (b)(3)(i) and vessel’’ is used in §§ 63.119 through (10) For purposes of this subpart, the (b)(3)(ii) of this section. 63.123, the definition of this term in monitoring plan required by § 63.122(b) (i) The owner or operator of the § 63.1312 shall apply for the purposes of shall be included in the Notification of affected source shall comply with this subpart. Compliance Status required by § 63.1321 for the batch process vent(s). * * * * * § 63.1335(e)(5). (ii) The owner or operator of the (5) When December 31, 1992, is (11) When the Notification of affected source shall comply with either referred to in § 63.119, March 29, 1995 Compliance Status requirements paragraph (b)(1) or (b)(2) of this section, shall apply instead, for the purposes of contained in § 63.152(b) are referred to as appropriate, for the remaining this subpart. in §§ 63.120, 63.122, and 63.123, the emission streams. Notification of Compliance Status (c) Instead of complying with (6) When April 22, 1994, is referred to in § 63.119, September 12, 1996 shall requirements contained in §§ 63.1314, 63.1315, 63.1316 through § 63.1335(e)(5) shall apply for the 63.1320, 63.1321, and 63.1330, the apply instead, for the purposes of this subpart. purposes of this subpart. owner or operator of an existing affected (12) When the Periodic Report (7) Each owner or operator of an source may elect to control any or all of requirements contained in § 63.152(c) affected source shall comply with this the storage vessels, batch process vents, are referred to in §§ 63.120, 63.122, and paragraph (a)(7) instead of aggregate batch vent streams, 63.123, the Periodic Report § 63.120(d)(1)(ii) for the purposes of this continuous process vents, and requirements contained in subpart. If the control device used to wastewater streams and associated § 63.1335(e)(6) shall apply for the comply with § 63.119(e) is also used to waste management units within the purposes of this subpart. affected source to different levels using comply with any of the requirements (13) When other reports as required in an emissions averaging compliance found in § 63.1315, § 63.1316, § 63.1322, § 63.152(d) are referred to in § 63.122, approach that uses the procedures or § 63.1330, the performance test the reporting requirements contained in specified in § 63.1332. The restrictions required in or accepted by the § 63.1335(e)(7) shall apply for the concerning which emission points may applicable requirements of §§ 63.1315, purposes of this subpart. be included in an emissions average, 63.1316, 63.1322, and 63.1330 is (14) When the Initial Notification including how many emission points acceptable for demonstrating requirements contained in § 63.151(b) may be included, are specified in compliance with § 63.119(e) for the are referred to in § 63.122, the owner or § 63.1332(a)(1). An owner or operator purposes of this subpart. The owner or operator of an affected source subject to electing to use emissions averaging shall operator is not required to prepare a this subpart need not comply for the still comply with the provisions of design evaluation for the control device purposes of this subpart. §§ 63.1314, 63.1315, 63.1316 through as described in § 63.120(d)(1)(i), if the (15) When the determination of 63.1320, 63.1321, and 63.1330 for performance test meets the criteria equivalence criteria in § 63.102(b) is affected source emission points not specified in paragraphs (a)(7)(i) and referred to in § 63.121(a), the provisions included in the emissions average. (a)(7)(ii) of this section. in § 63.6(g) shall apply for the purposes (d) A State may decide not to allow (i) The performance test demonstrates of this subpart. the use of the emissions averaging that the control device achieves greater (16) When § 63.119(a) requires compliance approach specified in than or equal to the required control compliance according to the schedule paragraph (c) of this section. efficiency specified in § 63.119(e)(1) or provisions in § 63.100, owners and 33. Section 63.1314 is amended by § 63.119(e)(2), as applicable; and operators of affected sources shall revising paragraphs (a) introductory (ii) The performance test is submitted instead comply with the requirements text, (a)(1) through (a)(3), (a)(5) through as part of the Notification of Compliance in §§ 63.119(a)(1) through 63.119(a)(4) (a)(16), (b) introductory text, and (c); Status required by § 63.1335(e)(5). by the compliance date for storage and adding paragraphs (a)(17) and (8) When the term ‘‘operating range’’ vessels, which is specified in § 63.1311. (b)(3), to read as follows: is used in § 63.120(d)(3), the term (17) In § 63.120(e)(1), instead of the ‘‘level’’ shall apply instead, for the reference to § 63.11(b), the requirements § 63.1314 Storage vessel provisions. purposes of this subpart. of § 63.1333(e) shall apply. (a) This section applies to each (9) For purposes of this subpart, the (b) Owners or operators of Group 1 storage vessel that is assigned to an monitoring plan required by storage vessels that are assigned to a affected source, as determined by § 63.120(d)(2) shall specify for which new affected source producing SAN

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00110 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11669 using a continuous process shall control addition, for the purposes of this change shall be submitted with the emissions to the levels indicated in subpart, paragraph (a)(10)(v) of this report of the process change, and the paragraphs (b)(1) and (b)(2) of this section applies, and § 63.118(k) does not owner or operator shall comply with the section. apply to owners or operators of affected provisions in § 63.113(d) by the dates * * * * * sources. specified in § 63.481. (3) For all other storage vessels (i) For the purposes of this subpart, (v) The owner or operator is not designated as Group 1 storage vessels, whenever a process change, as defined required to submit a report of a process emissions shall be controlled to the in § 63.115(e), is made that causes a change if one of the conditions listed in level designated in § 63.119. Group 2 continuous process vent to paragraphs (a)(10)(v)(A), (a)(10)(v)(B), (c) Owners or operators of Group 1 become a Group 1 continuous process (a)(10)(v)(C), or (a)(10)(v)(D) of this storage vessels that are assigned to a vent, the owner or operator shall submit section is met. new or existing affected source a report within 180 days after the (A) The process change does not meet producing ASA/AMSAN shall control process change is made or with the next the definition of a process change in emissions by at least 98 percent relative Periodic Report, whichever is later. A § 63.115(e); to uncontrolled emissions. description of the process change shall (B) The vent stream flow rate is be submitted with the report of the recalculated according to § 63.115(e) * * * * * process change, and the owner or 34. Section 63.1315 is amended by and the recalculated value is less than operator of the affected source shall 0.005 standard cubic meter per minute; revising paragraphs (a) (1) through (4), comply with the Group 1 provisions in (a)(9) through (a)(17), (b) introductory (C) The organic HAP concentration of §§ 63.113 through 63.118 in accordance the vent stream is recalculated text, (b)(1)(ii), (c), and (d), to read as with § 63.1310(i)(2)(ii). follows: according to § 63.115(e) and the (ii) Whenever a process change, as recalculated value is less than 50 parts § 63.1315 Continuous process vents defined in § 63.115(e), is made that per million by volume; or causes a Group 2 continuous process provisions. (D) The TRE index value is vent with a TRE greater than 4.0 to (a) * * * recalculated according to § 63.115(e) become a Group 2 continuous process (1) When the term ‘‘process vent’’ is and the recalculated value is greater vent with a TRE less than 4.0, the owner used in §§ 63.113 through 63.118, the than 4.0, or for the affected sources or operator shall submit a report within term ‘‘continuous process vent,’’ and the producing methyl methacrylate 180 days after the process change is definition of this term in § 63.1312 shall butadiene styrene resin the recalculated made or with the next Periodic Report, apply for the purposes of this subpart. value is greater than 6.7. whichever is later. A description of the (2) When the term ‘‘Group 1 process process change shall be submitted with (11) When the provisions of § 63.116 vent’’ is used in §§ 63.113 through the report of the process change, and the (c)(3) and (c)(4) specify that Method 18, 63.118, the term ‘‘Group 1 continuous owner or operator shall comply with the 40 CFR part 60, appendix A shall be process vent,’’ and the definition of this provisions in § 63.113(d) by the dates used, Method 18 or Method 25A, 40 term in § 63.1312 shall apply for the specified in § 63.481. CFR part 60, appendix A may be used purposes of this subpart. (iii) Whenever a process change, as for the purposes of this subpart. The use (3) When the term ‘‘Group 2 process defined in § 63.115(e), is made that of Method 25A, 40 CFR part 60, vent’’ is used in §§ 63.113 through causes a Group 2 continuous process appendix A shall conform with the 63.118, the term ‘‘Group 2 continuous vent with a flow rate less than 0.005 requirements in paragraphs (a)(11)(i) process vent,’’ and the definition of this standard cubic meter per minute to and (a)(11)(ii) of this section. term in § 63.1312 shall apply for the become a Group 2 continuous process (i) The organic HAP used as the purposes of this subpart. vent with a flow rate of 0.005 standard calibration gas for Method 25A, 40 CFR (4) When December 31, 1992 is cubic meter per minute or greater and a part 60, appendix A shall be the single referred to in § 63.113, apply the date TRE index value less than or equal to organic HAP representing the largest March 29, 1995, for the purposes of this 4.0, the owner or operator shall submit percent by volume of the emissions. subpart. a report within 180 days after the (ii) The use of Method 25A, 40 CFR * * * * * process change is made or with the next part 60, appendix A is acceptable if the (9) When § 63.114(e) specifies that an Periodic Report, whichever is later. A response from the high-level calibration owner or operator shall submit the description of the process change shall gas is at least 20 times the standard information required in § 63.152(b) in be submitted with the report of the deviation of the response from the zero order to establish the parameter process change, and the owner or calibration gas when the instrument is monitoring range, the owner or operator operator shall comply with the zeroed on the most sensitive scale. of an affected source shall comply with provisions in § 63.113(d) by the dates (12) When § 63.118, periodic the provisions of § 63.1334 for specified in § 63.481. reporting and recordkeeping establishing the parameter monitoring (iv) Whenever a process change, as requirements, refers to § 63.152(f), the level and shall comply with defined in § 63.115(e), is made that recordkeeping requirements in § 63.1335(e)(5) for purposes of reporting causes a Group 2 continuous process § 63.1335(d) shall apply for purposes of information related to establishment of vent with an organic HAP concentration this subpart. the parameter monitoring level for less than 50 parts per million by volume (13) If a batch process vent or purposes of this subpart. Further, the to become a Group 2 continuous process aggregate batch vent stream is combined term ‘‘level’’ shall apply when the term vent with an organic HAP concentration with a continuous process vent, the ‘‘range’’ is used in §§ 63.114, 63.117, of 50 parts per million by volume or owner or operator of the affected source and 63.118. greater and a TRE index value less than containing the combined vent stream (10) When reports of process changes or equal to 4.0, the owner or operator shall comply with paragraph (a)(13)(i); are required under § 63.118 (g), (h), (i), shall submit a report within 180 days with paragraph (a)(13)(ii) and with or (j), paragraphs (a)(10)(i) through after the process change is made or with paragraph (a)(13) (iii) or (iv); or with (a)(10)(iv) of this section shall apply for the next Periodic Report, whichever is paragraph (a)(13)(v) of this section, as the purposes of this subpart. In later. A description of the process appropriate.

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(i) If a batch process vent or aggregate (iii) If the combined vent stream as otherwise noted in this section, as batch vent stream is combined with a described in paragraph (a)(10)(ii) of this applicable. Group 1 continuous process vent prior section meets the requirements in (i) Instead of measuring the vent to the combined vent stream being paragraphs (a)(13)(iii)(A), (B), and (C) of stream flow rate at the sampling site routed to a control device, the owner or this section, the combined vent stream specified in § 63.115(b)(1), the sampling operator of the affected source shall be subject to the requirements for site for vent stream flow rate shall be containing the combined vent stream Group 1 process vents in §§ 63.113 prior to the final recovery device and shall comply with the requirements in through 63.118, except as otherwise prior to the point at which the gas paragraph (a)(13)(i) (A) or (B) of this provided in this section, as applicable. stream that is not controlled under this section. Performance tests for the combined vent subpart is introduced into the combined (A) All requirements for a Group 1 stream shall be conducted at maximum vent stream. process vent stream in §§ 63.113 operating conditions, as described in (ii) Instead of measuring total organic through 63.118, except as otherwise paragraph (a)(13)(i) of this section. HAP or TOC concentrations at the provided in this section. As specified in (A) The TRE index value of the sampling site specified in § 63.115(c)(1), § 63.1333(a)(1), performance tests shall combined stream is less than or equal to the sampling site for total organic HAP be conducted at maximum 1.0; or TOC concentration shall be prior to representative operating conditions. For (B) The flow rate of the combined the final recovery device and prior to the purpose of conducting a vent stream is greater than or equal to the point at which the gas stream that performance test on a combined vent 0.005 standard cubic meter per minute; is not controlled under this subpart is stream, maximum representative and introduced into the combined vent operating conditions shall be when (C) The total organic HAP stream. batch emission episodes are occurring concentration is greater than or equal to (iii) The efficiency of the final that result in the highest organic HAP 50 parts per million by volume for the recovery device (determined according emission rate (for the combined vent combined vent stream. to paragraph (a)(14)(iv) of this section) stream) that is achievable during one of (iv) If the combined vent stream shall be applied to the total organic HAP the periods listed in § 63.1333(a)(1)(i) or described in paragraph (a)(10)(ii) of this or TOC concentration measured at the § 63.1333(a)(1)(ii), without causing any section meets the requirements in sampling site described in paragraph of the situations described in paragraphs paragraph (a)(13)(iv)(A), (B), or (C) of (a)(14)(ii) of this section to determine (a)(13)(i)(A) (1) through (3) to occur. this section, the combined vent stream the exit concentration. This exit (1) Causing damage to equipment. shall be subject to the requirements for concentration of total organic HAP or (2) Necessitating that the owner or Group 2 process vents in §§ 63.113 TOC shall then be used to perform the operator make product that does not through 63.118, except as otherwise calculations outlined in meet an existing specification for sale to provided in this section, as applicable. § 63.115(d)(2)(iii) and § 63.115(d)(2)(iv), (A) The TRE index value of the a customer; or for the combined vent stream exiting the combined vent stream is greater than (3) Necessitating that the owner or final recovery device. 1.0; operator make product in excess of (iv) The efficiency of the final (B) The flow rate of the combined recovery device is determined by demand. vent stream is less than 0.005 standard (B) Comply with the provisions in measuring the total organic HAP or TOC cubic meter per minute; or concentration using Method 18 or 25A, § 63.1313(b)(1), as allowed under (C) The total organic HAP 40 CFR part 60, appendix A, at the inlet § 63.1313(b). concentration is less than 50 parts per to the final recovery device after the (ii) If a batch process vent or aggregate million by volume for the combined introduction of any gas stream that is batch vent stream is combined with a vent stream. continuous process vent prior to the (v) If a batch process vent or aggregate not controlled under this subpart, and at combined vent stream being routed to a batch vent stream is combined with a the outlet of the final recovery device. recovery device, the TRE index value for Group 2 continuous process vent, the (15) When § 63.115(c)(3)(ii)(B) and the combined vent stream shall be owner or operator shall comply with the (d)(2)(iv) and § 63.116(c)(3)(ii)(B) and calculated at the exit of the last recovery requirements in either paragraph (c)(4)(ii)(C) refer to Table 2 of subpart F device. The TRE shall be calculated (a)(13)(v)(A) or (a)(13)(v)(B) of this of this part, the owner or operator is during periods when one or more batch section. only required to consider organic HAP emission episodes are occurring that (A) The owner or operator shall listed on Table 6 of this subpart for result in the highest organic HAP comply with the requirements in purposes of this subpart. emission rate (in the combined vent §§ 63.113 through 63.118 for Group 1 (16) The compliance date for stream that is being routed to the process vents; or continuous process vents subject to the recovery device) that is achievable (B) The owner or operator shall provisions of this section is specified in during the 6-month period that begins 3 comply with § 63.1322(e)(2) for batch § 63.1311. months before and ends 3 months after process vents and aggregate batch vent (17) In § 63.116(a), instead of the the TRE calculation, without causing streams. reference to § 63.11(b), the requirements any of the situations described in (14) If any gas stream that originates in § 63.1333(e) shall apply. paragraphs (a)(13)(ii) (A) through (C) to outside of an affected source that is * * * * * occur. subject to this subpart is normally (b) Owners or operators of existing (A) Causing damage to equipment. conducted through the same final affected sources producing MBS shall (B) Necessitating that the owner or recovery device as any continuous comply with either paragraph (b)(1) or operator make product that does not process vent stream subject to this (b)(2) of this section. meet an existing specification for sale to subpart, the owner or operator of the (1) * * * a customer; or affected source with the combined vent (ii) When complying with this (C) Necessitating that the owner or stream shall comply with all paragraph (b), and the term ‘‘TRE of 4.0’’ operator make product in excess of requirements in §§ 63.113 through is used, or related terms indicating a demand. 63.118 of subpart G of this part, except TRE index value of 4.0, referred to in

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§§ 63.113 through 63.118, are used, the required to comply with the specified in paragraph (b)(1)(ii) of this term ‘‘TRE of 6.7’’ shall apply instead, requirements specified in 40 CFR part section, shall comply with § 63.1315. for the purposes of this subpart. The 60, subpart DDD. Compliance can be (iv) Batch process vents shall comply TRE range of 3.7 to 6.7 for continuous based on either organic HAP or TOC. with § 63.1321. process vents at existing affected (1) The owner or operator of an (2) The owner or operator of an sources producing MBS corresponds to affected source producing PET using a affected source producing PET using a the TRE range of 1.0 to 4.0 for other continuous dimethyl terephthalate continuous terephthalic acid process continuous process vents, as it applies process shall comply with paragraphs shall comply with paragraphs (b)(2)(i) to monitoring, recordkeeping, and (b)(1)(i) through (b)(1)(iv) of this section. through (b)(2)(iv) of this section. reporting. (i) The owner or operator of an (i) Organic HAP emissions from all * * * * * existing affected source with organic continuous process vents associated (c) Owners or operators of new HAP emissions greater than 0.12 kg with the esterification vessels in each affected sources producing SAN using a organic HAP per Mg of product from individual raw materials preparation batch process shall comply with the continuous process vents in the section shall, as a whole, be no greater applicable requirements in § 63.1321. collection of material recovery sections than 0.04 kg organic HAP per Mg of (d) Affected sources producing PET or (i.e., methanol recovery) within the product from the associated TPPU(s); or polystyrene using a continuous process affected source shall comply with either alternatively, organic HAP emissions are not subject to the provisions of this paragraph (b)(1)(i)(A) or (b)(1)(i)(B) of from all continuous process vents section and instead are subject to the this section. Emissions from continuous associated with the esterification vessels emissions control provisions of process vents in the collection of in the collection of raw material § 63.1316, the monitoring provisions of material recovery sections within the preparation sections within the affected § 63.1317, the testing and compliance affected source shall be determined by source shall, as a whole, be no greater demonstration provisions of § 63.1318, the procedures specified in § 63.1318(b). than 0.04 kg organic HAP per Mg of the recordkeeping provisions of The owner or operator of a new affected product from all associated TPPU(s). § 63.1319, and the reporting provisions source shall comply with either Other continuous process vents (i.e., of § 63.1320. However, in some paragraph (b)(1)(i)(A) or (b)(1)(i)(B) of those not associated with the instances, as specified in § 63.1316, this section. esterification vessels) in the collection select continuous process vents present (A) Organic HAP emissions from all of raw materials preparation sections at affected sources producing PET or continuous process vents in each within the affected source shall comply polystyrene using a continuous process individual material recovery section with § 63.1315. are subject to the provisions of this shall, as a whole, be no greater than (ii) Organic HAP emissions from all section. 0.018 kg organic HAP per Mg of product continuous process vents in each from the associated TPPU(s); or * * * * * individual polymerization reaction 35. Section 63.1316 is amended by alternatively, organic HAP emissions section (including emissions from any revising the section title and paragraphs from all continuous process vents in the equipment used to further recover (a), (b), (c) introductory text, (c)(1) collection of material recovery sections ethylene glycol, but excluding introductory text, (c)(1)(i), (c)(1)(ii), within the affected source shall, as a emissions from process contact cooling (c)(1)(iii)(A), (c)(1)(iii)(C), and (c)(3), to whole, be no greater than 0.018 kg towers) shall, as a whole, be no greater read as follows: organic HAP per Mg product from all than 0.02 kg organic HAP per Mg of associated TPPU(s); or product from the associated TPPU(s); or § 63.1316 PET and polystyrene affected (B) As specified in § 63.1318(d), the alternatively, organic HAP emissions sourcesÐemissions control provisions. owner or operator shall maintain the from all continuous process vents in the (a) The owner or operator of an daily average outlet gas stream collection of polymerization reaction affected source producing PET using a temperature from each final condenser sections within the affected source continuous process shall comply with in a material recovery section at a shall, as a whole, be no greater than 0.02 paragraph (b) of this section. The owner temperature of +3°C (+37°F) or less (i.e., kg organic HAP per Mg of product from or operator of an affected source colder). all associated TPPU(s). producing polystyrene using a (ii) Organic HAP emissions from all (iii) Continuous process vents not continuous process shall comply with continuous process vents in each included in a raw materials preparation paragraph (c) of this section. As individual polymerization reaction section, as specified in paragraph specified in paragraphs (b) and (c) of section (including emissions from any (b)(2)(i) of this section, and not included this section, owners or operators shall equipment used to further recover in a polymerization reaction section, as comply with § 63.1315 for certain ethylene glycol, but excluding specified in paragraph (b)(2)(ii) of this continuous process vents and with emissions from process contact cooling section, shall comply with § 63.1315. § 63.1321 for all batch process vents. towers) shall, as a whole, be no greater (iv) Batch process vents shall comply The owner or operator of an affected than 0.02 kg organic HAP per Mg of with § 63.1321. source producing PET using a batch product from the associated TPPU(s); or (c) The owner or operator of an process or producing polystyrene using alternatively, organic HAP emissions affected source producing polystyrene a batch process shall comply with from all continuous process vents in the resin using a continuous process shall § 63.1315 for continuous process vents collection of polymerization reaction comply with the requirements specified and with § 63.1321 for batch process sections within the affected source in paragraphs (c)(1) through (c)(3) of this vents, instead of the provisions of shall, as a whole, be no greater than 0.02 section, as appropriate, instead of the §§ 63.1316 through 63.1320. kg organic HAP per Mg product from all requirements specified in 40 CFR part (b) The owner or operator of an associated TPPU(s). 60, subpart DDD. Compliance can be affected source producing PET using a (iii) Continuous process vents not based on either organic HAP or TOC. continuous process shall comply with included in a material recovery section, (1) Limit organic HAP emissions from the requirements specified in as specified in paragraph (b)(1)(i) of this continuous process vents in the paragraphs (b)(1) or (b)(2) of this section, and not included in a collection of material recovery sections section, as appropriate, and are not polymerization reaction section, as within the affected source by complying

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(i) Organic HAP emissions from all applicable testing and compliance (a) Except as specified in paragraphs continuous process vents in each provisions for continuous process vents (b) and (c) of this section, owners or individual material recovery section specified in § 63.1315, except that, for operators using a control or recovery shall, as a whole, be no greater than the purposes of this paragraph (a), device to comply with § 63.1316 shall 0.0036 kg organic HAP per Mg of references to group determinations (i.e., comply with the applicable product from the associated TPPU(s); or total resource effectiveness) do not recordkeeping provisions specified in alternatively, organic HAP emissions apply and owners or operators are not § 63.1315, except that, for the purposes from all continuous process vents in the required to comply with § 63.113. of this paragraph (a), references to group collection of material recovery sections (b) PET affected sources using a determinations (i.e., total resource within the affected source shall, as a dimethyl terephthalate process— effectiveness) do not apply, and owners whole, be no greater than 0.0036 kg applicability determination procedure. or operators are not required to comply organic HAP per Mg of product from all Owners or operators shall calculate with § 63.113. associated TPPU(s); organic HAP emissions from the (b) Records demonstrating (ii) As specified in § 63.1318(d), the collection of material recovery sections compliance with the applicability owner or operator shall maintain the at an existing affected source producing determination procedure for PET daily average outlet gas stream PET using a continuous dimethyl affected sources using a dimethyl temperature from each final condenser terephthalate process to determine terephthalate process. Owners or in a material recovery section at a whether § 63.1316(b)(1)(i) is applicable operators complying with temperature of ¥25°C (¥13°F) or less using the procedures specified in either § 63.1316(b)(1)(i) by demonstrating that (i.e., colder); or paragraph (b)(1) or (b)(2) of this section. mass emissions per mass product are (iii) * * * (1) * * * less than or equal to the level specified (A) Reduce the emissions in a (i) The mass emission rate for each in § 63.1316(b)(1)(i) (i.e., 0.12 kg organic combustion device to achieve 98 weight continuous process vent, Ei, shall be HAP per Mg of product) shall keep the percent reduction or to achieve a determined according to the procedures following records. specified in § 63.116(c)(4). The sampling concentration of 20 parts per million by * * * * * volume (ppmv) on a dry basis, site for determining whether (2) Records of any change in process whichever is less stringent. If an owner § 63.1316(b)(1)(i) is applicable shall be operation that increases the mass or operator elects to comply with the 20 at the outlet of the last recovery or emissions per mass product. ppmv standard, the concentration shall control device. When the provisions of (c) Records demonstrating compliance include a correction to 3 percent oxygen § 63.116(c)(4) specify that Method 18, 40 with temperature limits for final only when supplemental combustion air CFR part 60, appendix A shall be used, condensers. Owners or operators of is used to combust the emissions; Method 18 or Method 25A, 40 CFR part continuous process vents complying 60, appendix A may be used for the with § 63.1316(b)(1)(i)(B) or * * * * * purposes of this subpart. The use of (C) Combust the emissions in a flare § 63.1316(c)(1)(ii) shall keep records of Method 25A, 40 CFR part 60, appendix that complies with the requirements of the daily averages required by § 63.1318, A shall comply with paragraphs § 63.1333(e). per the recordkeeping provisions (b)(1)(i)(A) and (b)(1)(i)(B) of this specified in § 63.1335(d). * * * * * section. (3) Batch process vents shall comply 39. Section 63.1320 is amended by * * * * * revising the section title and paragraphs with § 63.1321. (c) Compliance with mass emissions 36. Section 63.1317 is revised (a) and (b); and removing and reserving per mass product standards. Owners or paragraph (c), to read as follows: (including the section title) to read as operators complying with follows: § 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), § 63.1320 PET and polystyrene affected sourcesÐreporting provisions. § 63.1317 PET and polystyrene affected (b)(2)(ii), and (c)(1)(i) shall demonstrate sourcesÐmonitoring provisions. compliance with the mass emissions per (a) Except as specified in paragraph Continuous process vents using a mass product requirements using the (b) of this section, owners and operators control or recovery device to comply procedures specified in paragraph (b)(1) using a control or recovery device to with § 63.1316 shall comply with the of this section. comply with § 63.1316 shall comply applicable monitoring provisions (d) Compliance with temperature with the applicable reporting provisions specified for continuous process vents limits for final condensers. Owners or specified in § 63.1315, except that, for in § 63.1315(a), except that references to operators complying with the purposes of this paragraph (a), group determinations (i.e., total resource § 63.1316(b)(1)(i)(B) or § 63.1316(c)(1)(ii) references to group determinations (i.e., effectiveness) do not apply and owners shall demonstrate continuous total resource effectiveness) do not or operators are not required to comply compliance based on an average exit apply, and owners or operators are not with § 63.113. temperature determined for each required to comply with § 63.113. 37. Section 63.1318 is amended by operating day. Calculation of the daily (b) Reporting for PET affected sources revising the section title and paragraphs average exit temperature shall follow using a dimethyl terephthalate process. (a), (b) introductory text, (b)(1)(i) the provisions of § 63.1335(d)(3). The Owners or operators complying with introductory text, (c), and (d), to read as provisions of § 63.1334 (f) and (g) shall § 63.1316 by demonstrating that mass follows: apply for the purposes of determining emissions per mass product are less whether or not an owner or operator is than or equal to the level specified in § 63.1318 PET and polystyrene affected to be deemed out of compliance for a § 63.1316(b)(1)(i) (i.e., 0.12 kg organic sourcesÐtesting and compliance given operating day. HAP per Mg of product) shall comply demonstration provisions. 38. Section 63.1319 is amended by with paragraphs (b)(1) through (b)(3) of (a) Except as specified in paragraphs revising the section title and paragraphs this section. (b) through (d) of this section, (a), (b) introductory text, (b)(2), and (c), (1) Include the information specified continuous process vents using a to read as follows: in § 63.1319(b)(2) in each Periodic

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Report, required by § 63.1335(e)(6), as through 63.1327 for aggregate batch vent vents or aggregate batch vent streams appropriate. streams. and to less than 0.45 kilograms per hour (2) Include the information specified * * * * * for continuous process vents prior to in § 63.1319(b)(1) in the Notification of 41. Section 63.1322 is amended by venting to any combustion control Compliance Status, required by revising paragraphs (a) introductory device, and thus make the batch process § 63.1335(e)(5). text, (a)(1)(i), (b) introductory text, vent, aggregate batch vent stream, or (3) Whenever a process change, as (b)(1)(i), (b)(2), (c)(1), (c)(2), (e), (f), and continuous process vent defined in § 63.115(e), is made that (g); and adding paragraph (h), to read as nonhalogenated. The nonhalogenated causes emissions from continuous follows: batch process vent, aggregate batch vent process vents in the collection of stream, or continuous process vent shall § 63.1322 Batch process ventsÐreference then comply with the requirements of material recovery sections (i.e., control technology. methanol recovery) within the affected either paragraph (a) or (b) of this (a) Batch process vents. The owner or source to be greater than 0.12 kg organic section, as appropriate. operator of a Group 1 batch process HAP per Mg of product, the owner or * * * * * vent, as determined using the operator shall submit a report within (e) Combination of batch process procedures in § 63.1323, shall comply 180 days after the process change is vents or aggregate batch vent streams with the requirements of either made or the information regarding the with continuous process vents. If a batch paragraph (a)(1) or (a)(2) of this section, process change is known to the owner process vent or aggregate batch vent except as provided for in paragraph or operator. This report may be included stream is combined with a continuous (a)(3) of this section. Compliance may in the next Periodic Report as specified process vent, the owner or operator be based on either organic HAP or TOC. in § 63.1335(e)(6)(iii)(D)(2). The report shall determine whether the combined (1) * * * vent stream is subject to the provisions shall include the information specified (i) The owner or operator shall in § 63.1319(b)(1) and a description of of §§ 63.1321 through 63.1327 according comply with the requirements of to paragraphs (e)(1) and (e)(2) of this the process change. § 63.1333(e) for the flare. (c) [Reserved.] section. * * * * * (1) A batch process vent or aggregate * * * * * (b) Aggregate batch vent streams. The batch vent stream combined with a 40. Section 63.1321 is amended by owner or operator of an aggregate batch continuous process vent is not subject to revising paragraphs (a) and (c), to read vent stream that contains one or more the provisions of §§ 63.1321 through as follows: Group 1 batch process vents shall 63.1327, if the requirements in comply with the requirements of either § 63.1321 Batch process vents provisions. paragraph (e)(1)(i) and in either paragraph (b)(1) or (b)(2) of this section, paragraph (e)(1)(ii) or (e)(1)(iii) are met. (a) Batch process vents. Except as except as provided for in paragraph (i) The only emissions to the specified in paragraphs (b) through (d) (b)(3) of this section. Compliance may atmosphere from the batch process vent of this section, owners and operators of be based on either organic HAP or TOC. or aggregate batch vent stream prior to new and existing affected sources with (1) * * * being combined with the continuous batch process vents shall comply with (i) The owner or operator shall process vent are from equipment subject the requirements in §§ 63.1322 through comply with the requirements of to § 63.1331. 63.1327. The batch process vent group § 63.1333(e) for the flare. (ii) The batch process vent or status shall be determined in * * * * * aggregate batch vent stream is combined accordance with § 63.1323. Owners or (2) For each aggregate batch vent with a Group 1 continuous process vent operators of batch process vents stream, reduce organic HAP emissions prior to the combined vent stream being classified as Group 1 shall comply with by 90 weight percent or to a routed to a control device. In this the reference control technology concentration of 20 parts per million by paragraph (e)(1)(ii), the definition of requirements for Group 1 batch process volume, whichever is less stringent, on control device as it relates to continuous vents in § 63.1322, the monitoring a continuous basis using a control process vents shall be used. requirements in § 63.1324, the device. For combustion devices, the Furthermore, the combined vent stream performance test methods and emission reduction or concentration discussed in this paragraph (e)(1)(ii) procedures to determine compliance in shall be calculated on a dry basis, shall be subject to § 63.1315(a)(13)(i). § 63.1325, the recordkeeping corrected to 3 percent oxygen. (iii) The batch process vent or requirements in § 63.1326, and the * * * * * aggregate batch vent stream is combined reporting requirements in § 63.1327. (c) * * * with a continuous process vent prior to Owners or operators of all Group 2 (1) If a combustion device is used to being routed to a recovery device. In batch process vents shall comply with comply with paragraph (a)(2), (a)(3), this paragraph (e)(1)(iii), the definition the applicable reference control (b)(2), or (b)(3) of this section for a of recovery device as it relates to technology requirements in § 63.1322, halogenated batch process vent, continuous process vents shall be used. the applicable recordkeeping halogenated aggregate batch vent Furthermore, the combined vent stream requirements in § 63.1326, and the stream, or halogenated continuous discussed in this paragraph (e)(1)(iii) applicable reporting requirements in process vent, said emissions exiting the shall be subject to § 63.1315(a)(13)(ii). § 63.1327. combustion device shall be ducted to a (2) If the batch process vent or * * * * * halogen reduction device that reduces aggregate batch vent stream is combined (c) Aggregate batch vent streams. overall emissions of hydrogen halides with a Group 2 continuous process vent, Aggregate batch vent streams, as defined and halogens by at least 99 percent the group status of the batch process in § 63.1312, are subject to the control before discharge to the atmosphere. vent shall be determined prior to its requirements specified in § 63.1322(b), (2) A halogen reduction device may combination with the Group 2 as well as the monitoring, testing, be used to reduce the halogen atom continuous process vent, in accordance recordkeeping, and reporting mass emission rate of said emissions to with § 63.1323, and the combined vent requirements specified in §§ 63.1324 less than 3,750 kg/yr for batch process stream shall be subject to the

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00115 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11674 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules requirements for aggregate batch vent reporting requirements in process vent based on annualized streams in §§ 63.1321 through 63.1327. § 63.1327(a)(2), (b), and (c). production of the single highest-HAP (f) Group 2 batch process vents with (iv) The owner or operator of the recipe, as defined in paragraph (a)(1)(iii) annual emissions greater than or equal affected source shall comply with of this section, considering all products to the level specified in § 63.1323(d). § 63.1323(i) when process changes are produced or processed in the batch unit The owner or operator of a Group 2 made. operation. The annualized production of batch process vent with annual (2) Comply with the requirements of the highest-HAP recipe shall be based emissions greater than or equal to the paragraph (f)(1) of this section; exclusively on the production of the level specified in § 63.1323(d) shall (3) Comply with the requirements of single highest-HAP recipe of all comply with the provisions of paragraph (f)(2) of this section; or products produced or processed in the paragraph (f)(1), (f)(2), or (h) of this (4) Comply with the requirements of batch unit operation for a 12 month section. paragraph (h) of this section. period. The production level used may (h) Owners or operators of Group 2 (1) The owner or operator of an be the actual production rate. It is not batch process vents are not required to affected source shall comply with the necessary to assume a maximum establish a batch mass input limitation requirements in paragraphs (f)(1)(i) production rate (i.e., 8,760 hours per if the batch process vent is Group 2 at through (f)(1)(iv) of this section. year at maximum design production). the conditions specified in paragraphs (i) The owner or operator shall (iii) The single highest-HAP recipe for (h)(1) and (h)(2) of this section and if the establish a batch mass input limitation a product means the recipe of the owner or operator complies with the that ensures the Group 2 batch process product with the highest total mass of vent does not become a Group 1 batch recordkeeping provisions in §§ 63.1326(a)(1) through (3), HAP charged to the reactor during the process vent. production of a single batch of product. (ii) Over the course of the affected 63.1326(a)(9), and 63.1326(a)(4) through * * * * * source’s ‘‘year,’’ as reported in the (6) as applicable, and the reporting (b) Determination of annual Notification of Compliance Status in requirements in § 63.1327(a)(5), (a)(6), emissions. The owner or operator shall accordance with § 63.1335(e)(5)(iv), the and (b). calculate annual uncontrolled TOC or owner or operator shall not charge a (1) Emissions for the single highest- organic HAP emissions for each batch mass of HAP or material to the batch HAP recipe (considering all products process vent using the methods unit operation that is greater than the that are produced in the batch unit described in paragraphs (b)(1) through level established as the batch mass operation) are used in the group (b)(8) of this section. To estimate input limitation. determination; and emissions from a batch emissions (iii)The owner or operator shall (2) The group determination assumes that the batch unit operation is episode, owners or operators may use comply with the recordkeeping operating at the maximum design either the emissions estimation requirements in § 63.1326(d)(2), and the capacity of the TPPU for 12 months. equations in paragraphs (b)(1) through reporting requirements in 42. Section 63.1323 is amended by: (b)(4) of this section, or direct § 63.1327(a)(3), (b), and (c). a. Revising paragraphs (a)(1), (b) measurement as specified in paragraph (iv) The owner or operator shall introductory text, (b)(1), (b)(2), comply with § 63.1323(i) when process (b)(5) of this section. Engineering (b)(4)(i)(A) through (b)(4)(i)(C), assessment may be used to estimate changes are made. (b)(4)(ii)(B)(1), (b)(5) introductory text, (2) Comply with the requirements of emissions from a batch emission (b)(5)(ii), (b)(5)(iii) introductory text, this subpart for Group 1 batch process episode only under the conditions (b)(5)(iv), (b)(5)(v) introductory text, described in paragraph (b)(6) of this vents. (b)(5)(v)(A), (b)(6), (d), (e) introductory (g) Group 2 batch process vents with section. In using the emissions text, (e)(1) introductory text, (e)(1)(i), annual emissions less than the level estimation equations in paragraphs (e)(1)(iii), (e)(2), (e)(3), (g), (h)(1)(iii), specified in § 63.1323(d). The owner or (b)(1) through (b)(4) of this section, (h)(2), (i), (j) introductory text and (j)(3); operator of a Group 2 batch process vent individual component vapor pressure and with annual emissions less than the and molecular weight may be obtained b. Adding paragraph (b)(9), to read as from standard references. Methods to level specified in § 63.1323(d) shall follows: comply with paragraphs (g)(1), (g)(2), determine individual HAP partial (g)(3), or (g)(4) of this section. § 63.1323 Batch process ventsÐmethods pressures in multicomponent systems (1) The owner or operator of the and procedures for group determination. are described in paragraph (b)(9) of this affected source shall comply with the (a) * * * section. Other variables in the emissions requirements in paragraphs (g)(1)(i) (1) The procedures specified in estimation equations may be obtained through (g)(1)(iv) of this section. paragraphs (b) through (g) of this section through direct measurement, as defined (i) The owner or operator shall shall be followed to determine the group in paragraph (b)(5) of this section, establish a batch mass input limitation status of each batch process vent. This through engineering assessment, as that ensures emissions do not exceed determination shall be made in defined in paragraph (b)(6)(ii) of this the level specified in § 63.1323(d). accordance with either paragraph section, by process knowledge, or by (ii) Over the course of the affected (a)(1)(i) or (a)(1)(ii) of this section. any other appropriate means. source’s ‘‘year,’’ as reported in the (i) An owner or operator may choose Assumptions used in determining these Notification of Compliance Status in to determine the group status of a batch variables must be documented. Once accordance with § 63.1335(e)(5)(iv), the process vent based on the expected mix emissions for the batch emission owner or operator shall not charge a of products. For each product, emission episode have been determined using mass of HAP or material to the batch characteristics of the single highest-HAP either the emissions estimation unit operation that is greater than the recipe, as defined in paragraph (a)(1)(iii) equations, direct measurement, or level established as the batch mass of this section, for that product shall be engineering assessment, emissions from input limitation. used in the procedures in paragraphs (b) a batch cycle shall be calculated in (iii) The owner or operator shall through (i) of this section. accordance with paragraph (b)(7) of this comply with the recordkeeping (ii) An owner or operator may choose section, and annual emissions from the requirements in § 63.1326(d)(1), and the to determine the group status of a batch batch process vent shall be calculated in

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00116 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11675 accordance with paragraph (b)(8) of this shall be calculated using Equation 2 of where: section. this subpart. Equation 2 of this subpart Eepisode = Emissions, kg/episode. (1) TOC or organic HAP emissions does not take into account evaporation from the purging of an empty vessel of any residual liquid in the vessel. Vves = Volume of vessel, m3.

() ()Vves P() MW wavg E = ()1− 0. 37m [Eq. 2] episode RT

P = TOC or total organic HAP partial R = Ideal gas constant, 8.314 m3•kPa/ (2) TOC or organic HAP emissions pressure, kPa. kmol•K. from the purging of a filled vessel shall MW wavg = Weighted average molecular T = Temperature of vessel vapor space, be calculated using Equation 3 of this weight of TOC or organic HAP in K. subpart. vapor, determined in accordance Where: with paragraph (b)(4)(i)(D) of this m = Number of volumes of purge gas section, kg/kmol. used.

()y() V() P2 () MW = dr wavg () Eepisode n Tm [Eq. 3] − RT( P∑ Pi x i i=1

Eepisode = Emissions, kg/episode. MWwavg = Weighted average molecular T = Temperature of vessel vapor space, y = Saturated mole fraction of all TOC weight of TOC or organic HAP in K. or organic HAP in vapor phase. vapor, determined in accordance Pi = Vapor pressure of TOC or with paragraph (b)(4)(i)(D) of this V individual organic HAP i, kPa. dr = Volumetric gas displacement rate, section, kg/kmol. 3 m /min. R = Ideal gas constant, 8.314 m3•kPa/ xi = Mole fraction of TOC or organic P = Pressure in vessel vapor space, kPa. kmol•K. HAP i in the liquid.

 n n   ∑()P ∑()P  i T1 i T2  i=1 + i=1   n n  101325..− ∑()P 101325 − ∑()P  i T1 i T2  = =  E = i 1 i 1 ∗()∆η ()MW+ MW / 2 [Eq. 5] episode  2  wavg, T1 wavg , T2          

2 n = Number of organic HAP in stream. (Pi)T1, (Pi)T = Partial pressure (kPa) of (B) The moles of gas displaced, ∆η, is Note: Summation not applicable if TOC or each organic HAP i in the calculated using Equation 6 of this TOC emissions are being estimated. vessel headspace at initial (T1) and subpart. Tm = Minutes/episode. final (T2) temperature. where: ∆η * * * * * n = Number of organic HAP in stream. = Number of kg-moles of gas (4) * * * Note: Summation not applicable if displaced. Vfs = Volume of free space in the vessel, (i) * * * TOC emissions are being estimated. m3. (A) Emissions caused by heating of a ∆η = Number of kilogram-moles (kg- R = Ideal gas constant, 8.314 m3•kPa/ vessel shall be calculated using moles) of gas displaced, determined kmol•K. Equation 5 of this subpart. The in accordance with paragraph assumptions made for this calculation (b)(4)(i)(B) of this section. V  Pa   Pa  are atmospheric pressure of 760 ∆η = fs  1  −  2  [Eq. 6] 101.325 = Constant, kPa. millimeters of mercury (mm Hg) and the R  T1   T2  displaced gas is always saturated with (MWWAVG,T1), (MWWAVG,T2) = Weighted Pa1 = Initial noncondensible gas partial volatile organic compounds (VOC) average molecular weight of TOC or pressure in the vessel, kPa. vapor in equilibrium with the liquid total organic HAP in the displaced Pa2 = Final noncondensible gas partial mixture. gas stream, determined in pressure, kPa. Where: accordance with paragraph T1 = Initial temperature of vessel, K. E episode = Emissions, kg/episode. (b)(4)(i)(D) of this section, kg/kmol. T2 = Final temperature of vessel, K.

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(C) The initial and final pressure of emission episode by direct this section. The procedures in either the noncondensible gas in the vessel measurement. If direct measurement is paragraph (b)(5)(iv) or (b)(5)(v) of this shall be calculated using Equation 7 of used, the owner or operator shall either section shall be used to calculate the this subpart. perform a test for the duration of a emissions per batch emission episode. where: representative batch emission episode * * * * * Pa = Initial or final partial pressure of or perform a test during only those (ii) Annual average batch vent flow noncondensible gas in the vessel periods of the batch emission episode rate shall be determined as specified in headspace, kPa. for which the emission rate for the paragraph (e) of this section. 101.325 = Constant, kPa. entire episode can be determined or for (iii) Method 18 or Method 25A, 40 (Pi)T = Partial pressure of TOC or each which the emissions are greater than the CFR part 60, appendix A, shall be used organic HAP i in the vessel average emission rate of the batch to determine the concentration of TOC headspace, kPa, at the initial or emission episode. The owner or or organic HAP, as appropriate. final temperature (T1 or T2). operator choosing either of these Alternatively, any other method or data n = Number of organic HAP in stream. options shall develop an emission that has been validated according to the Note: Summation not applicable if profile for the entire batch emission applicable procedures in Method 301 of TOC emissions are being estimated. episode, based on either process appendix A of this part may be used. * * * * * knowledge or test data collected, to The use of Method 25A, 40 CFR part 60, (ii) * * * demonstrate that test periods are appendix A shall conform with the (B) * * * representative. Examples of information requirements in paragraphs (b)(5)(iii)(A) (1) If the final temperature of the that could constitute process knowledge and (b)(5)(iii)(B) of this section. heatup is at or lower than 5 K below the include calculations based on material * * * * * boiling point, the final temperature for balances and process stoichiometry. (iv) If an integrated sample is taken the last increment shall be the final Previous test results may be used over the entire batch emission episode temperature for the heatup, even if the provided the results are still relevant to to determine the average batch vent last increment is less than 5 K. the current batch process vent concentration of TOC or total organic * * * * * conditions. Performance tests shall HAP, emissions shall be calculated (5) The owner or operator may follow the procedures specified in using Equation 9 of this subpart. estimate annual emissions for a batch paragraphs (b)(5)(i) through (b)(5)(iii) of where:

 n  =   Eepisode K∑( C j )( M j ) AFR() Th [Eq. 9]  j=1 

Eepisode = Emissions, kg/episode. (A) For each measurement point, the as specified in paragraph (b)(6)(iii) of K = Constant, 2.494×10¥6 (ppmv)¥1 emission rate shall be calculated using this section. Paragraph (b)(6)(ii) of this (gm-mole/scm) (kg/gm) (min/hr), Equation 10 of this subpart. section defines engineering assessment, where standard temperature is 20 Where: for the purposes of estimating emissions °C. Epoint = Emission rate for individual from a batch emissions episode. All data, assumptions, and procedures used Cj = Average batch vent concentration of measurement point, kg/hr. × ¥6 ¥1 TOC or sample organic HAP K = Constant, 2.494 10 (ppmv) in an engineering assessment shall be component j of the gas stream, dry (gm-mole/scm) (kg/gm) (min/hr), documented. basis, ppmv. where standard temperature is 20 (i) If the criteria specified in °C. paragraph (b)(6)(i)(A), (B), or (C) are met Mj = Molecular weight of TOC or Cj = Concentration of TOC or sample for a specific batch emission episode, sample organic HAP component j of organic HAP component j of the gas the owner or operator may use the gas stream, gm/gm-mole. stream, dry basis, ppmv. engineering assessment, as described in AFR = Average batch vent flow rate of Mj = Molecular weight of TOC or paragraph (b)(6)(ii) of this section, to gas stream, dry basis, scmm. sample organic HAP component j of estimate emissions from that batch Th = Hours/episode the gas stream, gm/gm-mole. emission episode, and the owner or n = Number of organic HAP in stream. FR = Flow rate of gas stream for the operator is not required to use the Note: Summation not applicable if measurement point, dry basis, emissions estimation equations TOC emissions are being estimated scmm. described in paragraphs (b)(1) through using a TOC concentration n = Number of organic HAP in stream. (b)(4) of this section to estimate measured using Method 25A, 40 Note: Summation not applicable if emissions from that batch emission CFR part 60, appendix A. TOC emissions are being estimated episode. using a TOC concentration (A) Previous test data, where the  n  measured using Method 25A, 40 measurement of organic HAP or TOC E= K∑ C M FR [Eq. 10] CFR part 60, appendix A. emissions was an outcome of the test, point j j show a greater than 20 percent  j=1  * * * * * (6) Engineering assessment may be discrepancy between the test value and (v) If grab samples are taken to used to estimate emissions from a batch the value estimated using the applicable determine the average batch vent emission episode, if the criteria in equations in paragraphs (b)(1) through concentration of TOC or total organic paragraph (b)(6)(i) are met. Data or other (b)(4) of this section. Paragraphs HAP, emissions shall be calculated information used to demonstrate that (b)(6)(i)(A)(1) and (2) of this section according to paragraphs (b)(5)(v)(A) and the criteria in paragraph (b)(6)(i) of this describe test data that will be acceptable (b)(5)(v)(B) of this section. section have been met shall be reported under this paragraph (b)(6)(i)(A).

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(1) Test data for the batch emission Examples of analytical methods include, annual emissions of TOC or organic episode obtained during production of but are not limited to: HAP less than 11,800 kg/yr is the product for which the (1) Use of material balances; considered a Group 2 batch process vent demonstration is being made. (2) Estimation of flow rate based on and the owner or operator of said batch (2) Test data obtained for a batch physical equipment design such as process vent shall comply with the emission episode from another process pump or blower capacities; requirements in § 63.1322(f) or (g). train, where the test data were obtained (3) Estimation of TOC or organic HAP Annual emissions of TOC or organic during production of the product for concentrations based on saturation HAP are determined at the exit of the which the demonstration is being made. conditions; and batch unit operation, as described in Test data from another process train (4) Estimation of TOC or organic HAP paragraph (a)(2) of this section, and are may be used only if the owner or concentrations based on grab samples of determined as specified in paragraph (b) operator can demonstrate that the data the liquid or vapor. of this section. The owner or operator of are representative of the batch emission (iii) Data or other information used to said batch process vent is not required episode for which the demonstration is demonstrate that the criteria in to comply with the provisions in being made, taking into account the paragraph (b)(6)(i) of this section have paragraphs (e) through (g) of this nature, size, operating conditions, been met shall be reported as specified section. production rate, and sequence of in paragraphs (b)(6)(iii)(A) and (e) Determination of average batch process steps (e.g., reaction, distillation, (b)(6)(iii)(B) of this section. vent flow rate and annual average batch etc.) of the equipment in the other (A) Data or other information used to vent flow rate. The owner or operator process train. demonstrate that the criteria in shall determine the average batch vent (B) Previous test data obtained during paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of flow rate for each batch emission the production of the product for which this section have been met shall be episode in accordance with one of the the demonstration is being made, for the reported in the Notification of procedures provided in paragraphs batch emission episode with the highest Compliance Status, as required in (e)(1) through (e)(2) of this section. The organic HAP emissions on a mass basis, § 63.1327(a)(8). annual average batch vent flow rate for show a greater than 20 percent (B) The request for approval to use a batch process vent shall be calculated discrepancy between the test value and engineering assessment to estimate as specified in paragraph (e)(3) of this the value estimated using the applicable emissions from a batch emissions section. equations in paragraphs (b)(1) through episode as allowed under paragraph (1) Determination of the average batch (b)(4) of this section. If the criteria in (b)(6)(i)(C) of this section, and sufficient vent flow rate for a batch emission this paragraph (b)(6)(i)(B) are met, then data or other information for episode by direct measurement shall be engineering assessment may be used for demonstrating to the Administrator that made using the procedures specified in all batch emission episodes associated engineering assessment is an accurate paragraphs (e)(1)(i) through (e)(1)(iii) of with that batch cycle for the batch unit means of estimating emissions for that this section. operation. particular batch emissions episode shall (i) The volumetric flow rate (FR (C) The owner or operator has i) for be submitted with the Precompliance a batch emission episode, in standard requested and been granted approval to Report, as required in § 63.1335(e)(3). ° use engineering assessment to estimate cubic meters per minute (scmm) at 20 C, * * * * * emissions from a batch emissions shall be determined using Method 2, (9) Individual HAP partial pressures episode. The request to use engineering 2A, 2C, or 2D, 40 CFR part 60, appendix in multicomponent systems shall be assessment to estimate emissions from a A, as appropriate. determined using the appropriate batch emissions episode shall contain * * * * * method specified in paragraphs (b)(9)(i) sufficient information and data to (iii) The average batch vent flow rate through (b)(9)(iii) of this section. demonstrate to the Administrator that for a batch emission episode shall be (i) If the components are miscible, use engineering assessment is an accurate calculated using Equation 14 of this Raoult’s law to calculate the partial means of estimating emissions for that subpart. pressures; particular batch emissions episode. The (ii) If the solution is a dilute aqueous n request to use engineering assessment to mixture, use Henry’s law constants to ∑ FR estimate emissions for a batch emissions i calculate partial pressures; = episode shall be submitted in the AFR = i 1 [Eq. 14] (iii) If Raoult’s law or Henry’s law are episode n Precompliance Report required under not appropriate or available, the owner Where: § 63.506(e)(3). or operator may use any of the options (ii) Engineering assessment includes, in paragraphs (b)(9)(iii)(A), (B), or (C) of AFRepisode = Average batch vent flow but is not limited to, the following: this section. rate for the batch emission episode, (A) Previous test results, provided the scmm. tests are representative of current (A) Experimentally obtained activity coefficients, Henry’s law constants, or FRi = Flow rate for individual operating practices; measurement i, scmm. (B) Bench-scale or pilot-scale test data solubility data; n = Number of flow rate measurements obtained under conditions (B) Models, such as group- taken during the batch emission representative of current process contribution models, to predict activity episode. operating conditions; coefficients; or (C) Flow rate, TOC emission rate, or (C) Assume the components of the (2) The average batch vent flow rate organic HAP emission rate specified or system behave independently and use for a batch emission episode may be implied within a permit limit applicable the summation of all vapor pressures determined by engineering assessment, to the batch process vent; and from the HAPs as the total HAP partial as defined in paragraph (b)(6)(i) of this (D) Design analysis based on accepted pressure. section. All data, assumptions, and chemical engineering principles, * * * * * procedures used shall be documented. measurable process parameters, or (d) Minimum emission level (3) The annual average batch vent physical or chemical laws or properties. exemption. A batch process vent with flow rate for a batch process vent shall

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00119 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11678 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules be calculated using Equation 15 of this n = Number of types of batch emission batch process vent is classified as a subpart. episodes venting from the batch Group 1 batch process vent. process vent. (2) If the cutoff flow rate is less than n () ∑ DURi() AFR episode, i * * * * * the annual average batch vent flow rate = i=1 AFR n [Eq. 15] (g) Group 1/Group 2 status of the stream, the batch process vent is ∑()DUR i determination. The owner or operator classified as a Group 2 batch process = i 1 shall compare the cutoff flow rate, vent. Where: calculated in accordance with paragraph (h) * * * AFR = Annual average batch vent flow (f) of this section, with the annual (1) * * * rate for the batch process vent, average batch vent flow rate, determined (iii) Average concentration of organic compounds containing halogens and scmm. in accordance with paragraph (e)(3) of this section. The group determination hydrogen halides as measured by DURi = Duration of type i batch status for each batch process vent shall Method 26 or 26A, 40 CFR part 60, emission episodes annually, hrs/yr. be made using the criteria specified in appendix A. AFRepisode,i = Average batch vent flow paragraphs (g)(1) and (g)(2) of this * * * * * rate for type i batch emission section. (2) The annual mass emissions of episode, scmm. (1) If the cutoff flow rate is greater halogen atoms for a batch process vent than or equal to the annual average shall be calculated using Equation 17 of batch vent flow rate of the stream, the this subpart.

 n m  E= K∑∑() C()()L M AFR[. Eq 17] halogen avg j j, i j, i   j=1 i= l 

Where: determined according to paragraph m = Number of different halogens i in (e) of this section, scmm. each compound j of the batch Ehalogen = Mass of halogen atoms, dry process vent. basis, kg/yr. Mj,i = Molecular weight of halogen atom i in compound j, kg/kg-mole. Cavgj = Annual average batch vent K = Constant, 0.022 (ppmv)-1 (kg-mole concentration of halogenated per scm) (minute/yr), where Lj,i = Number of atoms of halogen i in compound j in the batch process ° standard temperature is 20 C. compound j. vent as determined by using AFR = Annual average batch vent flow n = Number of halogenated compounds Equation 18 of this subpart, dry rate of the batch process vent, j in the batch process vent. basis, ppmv.

n

∑(DURi )( C i ) C = i=1 [Eq. 18] avg j n ∑()DURi i=1

Where: shall comply with paragraphs (i)(2) and (ii) For Group 2 batch process vents (3) of this section. where the group determination and DURi = Duration of type i batch emission episodes annually, hrs/yr. (1) Examples of process changes batch mass input limitation are based on include the changes listed in paragraphs the expected mix of products, the Ci = Average batch vent concentration of (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this situations described in paragraphs halogenated compound j in type i section. (i)(1)(ii)(A) and (B) of this section shall batch emission episode, ppmv. (i) For all batch process vents, be considered to be process changes. n = Number of types of batch emission examples of process changes include, (A) The production of combinations episodes venting from the batch but are not limited to, changes in of products not considered in process vent. feedstock type or catalyst type; or establishing the batch mass input * * * * * whenever there is replacement, removal, limitation. (i) Process changes affecting Group 2 or modification of recovery equipment (B) The production of a recipe of a batch process vents. Whenever process considered part of the batch unit product with a total mass of HAP changes, as described in paragraph (i)(1) operation as specified in paragraph charged to the reactor during the of this section, are made that affect one (a)(2) of this section; or increases in production of a single batch of product or more Group 2 batch process vents production capacity or production rate. that is higher than the total mass of HAP and that could reasonably be expected For purposes of this paragraph (i), for the recipe used as the single highest- to change one or more Group 2 batch process changes do not include: process HAP recipe for that product in the batch process vents to Group 1 batch process upsets; unintentional, temporary mass input limitation determination. vents or that could reasonably be process changes; and changes that are (iii) For Group 2 batch process vents expected to reduce the batch mass input within the margin of variation on which where the group determination and limitation for one or more Group 2 batch the original group determination was batch mass input limitation are based on process vents, the owner or operator based. the single highest-HAP recipe

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(considering all products produced or (A) The owner or operator shall specified in paragraphs (c)(1) through processed in the batch unit operation), redetermine the batch mass input (c)(8) of this section shall be installed as the production of a recipe having a total limitation; and specified in paragraph (a) of this mass of HAP charged to the reactor (B) The owner or operator shall section. The parameters to be monitored (during the production of a single batch submit the new batch mass input are specified in Table 7 of this subpart. of product) that is higher than the total limitation in accordance with * * * * * mass of HAP for the highest-HAP recipe § 63.1327(c). (4) * * * used in the batch mass input limitation (j) Process changes to new SAN (ii) A flow measurement device determination shall be considered to be affected sources using a batch process. equipped with a continuous recorder a process change. Whenever process changes, as described shall be located at the scrubber influent (2) For each batch process vent in paragraph (j)(1) of this section, are for liquid flow. Gas stream flow shall be affected by a process change, the owner made to a new affected source determined using one of the procedures or operator shall redetermine the group producing SAN using a batch process specified in paragraphs (c)(4)(ii)(A) status by repeating the procedures that could reasonably be expected to through (c)(4)(ii)(C) of this section. specified in paragraphs (b) through (g) adversely impact the compliance status (A) The owner or operator may of this section, as applicable; (i.e., achievement of 84 percent determine gas stream flow using the alternatively, engineering assessment, as emission reduction) of the affected design blower capacity, with described in paragraph (b)(6)(i) of this source, the owner or operator shall appropriate adjustments for pressure section, may be used to determine the comply with paragraphs (j)(2) and (3) of drop. effects of the process change. this section. (B) If the scrubber is subject to (3) Based on the results from * * * * * regulations in 40 CFR parts 264 through paragraph (i)(2) of this section, owners (3) Where the redetermined percent 266 that have required a determination or operators of affected sources shall reduction is less than 84 percent, the of the liquid to gas (L/G) ratio prior to comply with either paragraph (i)(3)(i), owner or operator of the affected source the applicable compliance date for this (ii), or (iii) of this section. shall submit a report as specified in subpart, the owner or operator may (i) If the group redetermination § 63.1327(d) and shall comply with determine gas stream flow by the described in paragraph (i)(2) of this § 63.1322(a)(3) and all associated method that had been utilized to section indicates that a Group 2 batch provisions in accordance with comply with those regulations. A process vent has become a Group 1 § 63.1310(i). determination that was conducted prior batch process vent as a result of the 43. Section 63.1324 is amended by to the compliance date for this subpart process change, the owner or operator revising the section title and paragraphs may be utilized to comply with this shall submit a report as specified in (a) introductory text, (a)(2), (c) subpart if it is still representative. § 63.1327(b) and shall comply with the introductory text, and (c)(4)(ii), (c)(7), (C) The owner or operator may Group 1 provisions in §§ 63.1322 (d) introductory text, (e) introductory prepare and implement a gas stream through 63.1327 in accordance with text, and (e)(2), (f)(1) introductory text, flow determination plan that documents § 63.1310(i)(2)(ii). (f)(1)(ii), and (f)(3); and removing an appropriate method which will be (ii) If the redetermination described in paragraph (e)(3), to read as follows: used to determine the gas stream flow. paragraph (i)(2) of this section indicates The plan shall require determination of that a Group 2 batch process vent with § 63.1324 Batch process ventsÐ gas stream flow by a method which will monitoring equipment. annual emissions less than the level at least provide a value for either a specified in paragraph (d) of this (a) General requirements. Each owner representative or the highest gas stream section, that is in compliance with or operator of a batch process vent or flow anticipated in the scrubber during § 63.1322(g), now has annual emissions aggregate batch vent stream that uses a representative operating conditions greater than or equal to the level control device to comply with the other than start-ups, shutdowns, or specified in paragraph (d) of this section requirements in § 63.1322(a) or malfunctions. The plan shall include a but remains a Group 2 batch process § 63.1322(b), shall install the monitoring description of the methodology to be vent, the owner or operator shall equipment specified in paragraph (c) of followed and an explanation of how the comply with the provisions in this section. All monitoring equipment selected methodology will reliably paragraphs (i)(3)(ii)(A) through (C) of shall be installed, calibrated, determine the gas stream flow, and a this section. maintained, and operated according to description of the records that will be (A) Redetermine the batch mass input manufacturer’s specifications or other maintained to document the limitation; written procedures that provide determination of gas stream flow. The (B) Submit a report as specified in adequate assurance that the equipment owner or operator shall maintain the § 63.1327(c); and would reasonably be expected to plan as specified in § 63.1335(a). (C) Comply with § 63.1322(f), monitor accurately. * * * * * beginning with the year following the * * * * * (7) Where a carbon adsorber is used, submittal of the report submitted (2) Except as otherwise provided in an integrating regeneration steam flow according to paragraph (i)(3)(ii)(B) of this subpart, the owner or operator shall or nitrogen flow, or pressure monitoring this section. operate control devices such that the device having an accuracy of ±10 (iii) If the group redetermination daily average of monitored parameters, percent of the flow rate, level, or described in paragraph (i)(2) of this established as specified in paragraph (f) pressure, or better, capable of recording section indicates no change in group of this section, remains above the the total regeneration steam flow or status or no change in the relation of minimum level or below the maximum nitrogen flow, or pressure (gauge or annual emissions to the levels specified level, as appropriate. absolute) for each regeneration cycle; in paragraph (d) of this section, the * * * * * and a carbon bed temperature owner or operator shall comply with (c) Batch process vent and aggregate monitoring device, capable of recording paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B) batch vent stream monitoring the carbon bed temperature after each of this section. equipment. The monitoring equipment regeneration and within 15 minutes of

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00121 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11680 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules completing any cooling cycle are requirement of 90 percent specified in (c) Batch process vent testing and required. § 63.1322(b)(2). procedures for compliance with * * * * * * * * * * § 63.1322(a)(2). Except as provided in (d) Alternative monitoring (3) The operating day shall be defined paragraph (a) or (b) of this section, an parameters. An owner or operator of a as part of establishing the parameter owner or operator using a control device batch process vent or aggregate batch monitoring level and shall be submitted to comply with § 63.1322(a)(2) shall vent stream may request approval to with the information in paragraph (f)(2) conduct a performance test using the monitor parameters other than those of this section. The definition of procedures specified in paragraph (c)(1) required by paragraph (c) of this section. operating day shall specify the time(s) at of this section in order to determine the The request shall be submitted which an operating day begins and control efficiency of the control device. according to the procedures specified in ends. The operating day shall not An owner or operator shall determine § 63.1327(f) and § 63.1335(f). Approval exceed 24 hours. the percent reduction for the batch cycle shall be requested if the owner or * * * * * using the control efficiency of the operator: 44. Section 63.1325 is amended by: control device as specified in paragraphs (c)(2)(i) through (c)(2)(iii) of * * * * * a. Revising paragraphs (a), (b) introductory text, (b)(3), (b)(5), (c) this section and the procedures (e) Monitoring of bypass lines. Owners introductory text, (c)(1)(i)(A), (c)(1)(i)(B) specified in paragraph (c)(2) of this or operators of a batch process vent or introductory text, (c)(1)(i)(C), (c)(1)(i)(D) section. Compliance may be based on aggregate batch vent stream using a vent introductory text, (c)(1)(ii), (c)(1)(iii) either total organic HAP or TOC. For system that contains bypass lines that introductory text, (c)(1)(iii)(A), (c)(1)(v), purposes of this paragraph (c), the term could divert emissions away from a (c)(2) introductory text, (d)(1), (d)(2)(ii), ‘‘batch emission episode’’ shall have the control device used to comply with (d)(3), (d)(4), (e), and (g); and meaning ‘‘period of the batch emission § 63.1322(a) or § 63.1322(b) shall b. Removing paragraph (b)(6), to read episode selected for control,’’ which comply with either paragraph (e)(1) or as follows: may be the entire batch emission (e)(2) of this section. Equipment such as episode or may only be a portion of the low leg drains, high point bleeds, § 63.1325 Batch process ventsÐ batch emission episode. analyzer vents, open-ended valves or performance test methods and procedures (1) * * * lines, and pressure relief valves needed to determine compliance. (i) * * * for safety purposes are not subject to (a) Use of a flare. When a flare is used (A) Alternatively, an owner or this paragraph (e). to comply with § 63.1322(a)(1), operator may choose to test only those * * * * * § 63.1322(a)(3), § 63.1322(b)(1), or § 63.1322(b)(3), the owner or operator of periods of the batch emission episode (2) Secure the bypass line damper or an affected source shall comply with during which the emission rate for the valve in the non-diverting position with § 63.1333(e). entire episode can be determined or a car-seal or a lock-and-key type (b) Exceptions to performance tests. during which the emissions are greater configuration. A visual inspection of the An owner or operator is not required to than the average emission rate of the seal or closure mechanism shall be conduct a performance test when a batch emission episode. The owner or performed at least once every month to control device specified in paragraphs operator choosing either of these ensure that the damper or valve is (b)(1) through (b)(5) of this section is options shall develop an emission maintained in the non-diverting used to comply with § 63.1322(a)(2) or profile for the entire batch emission position and emissions are not diverted (a)(3). episode, based on either process through the bypass line. Records shall * * * * * knowledge or test data collected, to be generated as specified in (3) A control device for which a demonstrate that test periods are § 63.1326(e)(4). performance test was conducted for representative. Examples of information (f) * * * determining compliance with a that could constitute process knowledge (1) For each parameter monitored regulation promulgated by the EPA and include calculations based on material under paragraph (c) or (d) of this the test was conducted using the same balances and process stoichiometry. section, the owner or operator shall Methods specified in this section and Previous test results may be used establish a level, defined as either a either no deliberate process changes provided the results are still relevant to maximum or minimum operating have been made since the test, or the the current batch process vent parameter as denoted in Table 8 of this owner or operator can demonstrate that conditions. subpart, that indicates proper operation the results of the performance test, with (B) Method 1 or 1A, 40 CFR part 60, of the control device. The level shall be or without adjustments, reliably appendix A, as appropriate, shall be established in accordance with the demonstrate compliance despite process used for selection of the sampling sites procedures specified in § 63.1334. The changes. Recovery devices used for if the flow measuring device is a pitot level may be based upon a prior controlling emissions from continuous tube, except that references to performance test conducted for process vents complying with particulate matter in Method 1A do not determining compliance with a § 63.1322(a)(3) are also eligible for the apply for the purposes of this subpart. regulation promulgated by EPA, and the exemption described in this paragraph No traverse is necessary when Method owner or operator is not required to (b)(3). 2A or 2D, 40 CFR part 60, appendix A conduct a performance test under * * * * * is used to determine gas stream § 63.1325, provided that the prior (5) A hazardous waste incinerator for volumetric flow rate. Inlet sampling performance test meets the conditions of which the owner or operator has been sites shall be located as specified in § 63.1325(b)(3). issued a final permit under 40 CFR part paragraphs (c)(1)(i)(B)(1) and * * * * * 270 and complies with the requirements (c)(1)(i)(B)(2) of this section. Outlet (ii) For aggregate batch vent streams of 40 CFR part 264, subpart O, or has sampling sites shall be located at the using a control device to comply with certified compliance with the interim outlet of the control device prior to § 63.1322(b)(2), the established level status requirements of 40 CFR part 265, release to the atmosphere. shall reflect the emission reduction subpart O. * * * * *

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(C) Gas stream volumetric flow rate that has been validated according to the (ii) If an integrated sample is taken and/or average batch vent flow rate shall applicable procedures in Method 301 of over the entire test period to determine be determined as specified in appendix A of this part may be used. average batch vent concentration of TOC § 63.1323(e). The use of Method 25A, 40 CFR part 60, or total organic HAP, emissions per (D) Method 18 or Method 25A, 40 appendix A shall conform with the batch emission episode shall be CFR part 60, appendix A shall be used requirements in paragraphs calculated using Equations 19 and 20 of to determine the concentration of (c)(1)(i)(D)(1) and (c)(1)(i)(D)(2) of this this subpart. organic HAP or TOC, as appropriate. section. Alternatively, any other method or data * * * * *

 n  E= K∑()() C M() AFR () T[. Eq 19] episode,, inlet j inlet j inlet h  j=1 

 n  E= K∑()() C M() AFR () T[. Eq 20] episode,, outlet j outlet j outlet h  j=1 

Where: Mj = Molecular weight of TOC or Method 25A, 40 CFR part 60, Eepisode = Inlet or outlet emissions, kg/ sample organic HAP component j of appendix A. the gas stream, gm/gm-mole. episode. (iii) If grab samples are taken to K = Constant, 2.494 × 10¥6 (ppmv)¥1 AFR = Average inlet or outlet flow rate determine average batch vent (gm-mole/scm) (kg/gm) (min/hr), of gas stream for the batch emission concentration of TOC or total organic where standard temperature is 20 episode, dry basis, scmm. HAP, emissions shall be calculated °C. Th = Hours/episode according to paragraphs (c)(1)(iii)(A) Cj = Average inlet or outlet n = Number of organic HAP in stream. concentration of TOC or sample Note: Summation is not applicable and (B) of this section. organic HAP component j of the gas if TOC emissions are being (A) For each measurement point, the stream for the batch emission estimated using a TOC emission rates shall be calculated using episode, dry basis, ppmv. concentration measured using Equations 21 and 22 of this subpart.

 n  E= K∑ C M FR[. Eq 21] point, inlet  j j  inlet  j=1 

 n  E= K∑ C M FR[. Eq 22] point, outlet  j j  outlet  j=1 

Where: if TOC emissions are being respectively, exiting the combustion Epoint = Inlet or outlet emission rate for estimated using a TOC device. the measurement point, kg/hr. concentration measured using (2) The percent reduction for the × ¥1 K = Constant, 2.494 10¥6 (ppmv) Method 25A, 40 CFR part 60, batch cycle shall be determined using (gm-mole/scm) (kg/gm) (min/hr), appendix A. Equation 26 of this subpart and the where standard temperature is 20 * * * * * control device efficiencies specified in °C. paragraphs (c)(2)(i) through (c)(2)(iii) of Cj = Inlet or outlet concentration of TOC (v) If the batch process vent entering or sample organic HAP component a boiler or process heater with a design this section. All information used to j of the gas stream, dry basis, ppmv. capacity less than 44 megawatts is calculate the batch cycle percent Mj = Molecular weight of TOC or introduced with the combustion air or reduction, including a definition of the sample organic HAP component j of as a secondary fuel, the weight-percent batch cycle identifying all batch the gas stream, gm/gm-mole. reduction of total organic HAP or TOC emission episodes, shall be recorded as FR=Inlet or outlet flow rate of gas across the device shall be determined by specified in § 63.1326(b)(2). This stream for the measurement point, comparing the TOC or total organic HAP information shall include identification dry basis, scmm. in all combusted batch process vents of those batch emission episodes, or n=Number of organic HAP in stream. and primary and secondary fuels with portions thereof, selected for control. Note: Summation is not applicable the TOC or total organic HAP,

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n n n + −() − ∑EERunc ∑inlet, con ∑ 1 E inlet, con = i=1i = 1i = 1 PR n n (100) [Eq. 26] + ∑EEunc ∑ inlet, con i=1i = 1

Where: (e) Aggregate batch vent stream batch mass input limitation is not PR=Percent reduction testing for compliance with § 63.1322 dependent upon any past production or (b)(2) or (b)(3). Except as specified in activity level. Eunc=Mass rate of TOC or total organic HAP for uncontrolled batch paragraphs (e)(1) through (e)(2) of this (1) If the expected mix of products emission episode i, kg/hr. section, owners or operators of aggregate serves as the basis for the batch mass batch vent streams complying with input limitation, the batch mass input Einlet,con=Mass rate of TOC or total limitation shall be determined based on organic HAP for controlled batch § 63.1322(b)(2) or (b)(3) shall conduct a any foreseeable combination of products emission episode i at the inlet to the performance test using the performance that the owner or operator expects to control device, kg/hr. testing procedures for continuous manufacture. R=Control efficiency of control device process vents in § 63.116(c). (1) For purposes of this subpart, when (2) If the single highest-HAP recipe as specified in paragraphs (c)(2)(i) serves as the basis for the batch mass through (c)(2)(iii) of this section. the provisions of § 63.116(c) specify that Method 18, 40 CFR part 60, appendix A, input limitation, the batch mass input n=Number of uncontrolled batch shall be used, Method 18 or Method limitation shall be determined based emission episodes, controlled batch 25A, 40 CFR part 60, appendix A, may solely on the production of the single emission episodes, and control be used. The use of Method 25A, 40 highest-HAP recipe, considering all devices. The value of n is not CFR part 60, appendix A, shall conform products produced or processed in the necessarily the same for these three with the requirements in paragraphs batch unit operation. items. (e)(1)(i) and (e)(1)(ii) of this section. 45. Section 63.1326 is amended by: * * * * * (i) The organic HAP used as the a. Revising paragraphs (a) (d) * * * calibration gas for Method 25A, 40 CFR introductory text, (a)(1), and (a)(2), (1) Sampling sites shall be located at part 60, appendix A, shall be the single (a)(3)(i), (a)(4), (a)(7), (a)(8), (a)(9), (b) the inlet and outlet of the scrubber or organic HAP representing the largest introductory text, (b)(2), (b)(3)(ii), other halogen reduction device used to percent by volume of the emissions. (b)(3)(iii), (b)(4)(iv), (d)(1), (d)(2), (e) reduce halogen emissions in complying (ii) The use of Method 25A, 40 CFR introductory text, (e)(1)(i), (e)(1)(ii), with § 63.1322(c)(1) or at the outlet of part 60, appendix A, is acceptable if the (e)(2) introductory text, (e)(2)(ii), (e)(4), the halogen reduction device used to response from the high-level calibration and (f); and reduce halogen emissions in complying gas is at least 20 times the standard b. Adding paragraph (g), to read as with § 63.1322(c)(2). deviation of the response from the zero follows: (2) * * * calibration gas when the instrument is § 63.1326 Batch process ventsÐ (ii) Gas stream volumetric flow rate zeroed on the most sensitive scale. recordkeeping provisions. and/or average batch vent flow rate shall (2) When § 63.116(c)(4) refers to (a) Group determination records for be determined as specified in complying with an emission reduction batch process vents. Except as provided § 63.1323(e). of 98 percent, for purposes of this in paragraphs (a)(7) and (a)(8) of this (3) To determine compliance with the subpart, the 90 percent reduction section, each owner or operator of an percent reduction specified in requirement specified in § 63.1322(b)(2) affected source shall maintain the § 63.1322(c)(1), the mass emissions for shall apply. records specified in paragraphs (a)(1) any hydrogen halides and halogens * * * * * through (a)(6) of this section for each present at the inlet of the scrubber or (g) Batch mass input limitation. The batch process vent subject to the group other halogen reduction device shall be batch mass input limitation required by determination procedures of § 63.1323. summed together. The mass emissions § 63.1322(g)(1) shall be determined by Except for paragraph (a)(1) of this of any hydrogen halides or halogens the owner or operator such that annual section, the records required by this present at the outlet of the scrubber or emissions for the batch process vent paragraph (a) are restricted to the other halogen reduction device shall be remain less than the level specified in information developed and used to summed together. Percent reduction § 63.1323(d). The batch mass input make the group determination under shall be determined by subtracting the limitation required by § 63.1322(f)(1) §§ 63.1323(b) through 63.1323(g), as outlet mass emissions from the inlet shall be determined by the owner or appropriate. If an owner or operator did mass emissions and then dividing the operator such that annual emissions not need to develop certain information result by the inlet mass emissions and remain at a level that ensures that said (e.g., annual average batch vent flow multiplying by 100. batch process vent remains a Group 2 rate) to determine the group status, this (4) To determine compliance with the batch process vent, given the actual paragraph (a) does not require that emission limit specified in annual flow rate for said batch process additional information be developed. § 63.1322(c)(2), the annual mass vent determined according to the Paragraph (a)(9) of this section specifies emissions for any hydrogen halides and procedures specified in § 63.1323(e)(3). the recordkeeping requirements for halogens present at the outlet of the The batch mass input limitation shall be Group 2 batch process vents that are halogen reduction device and prior to determined using the same basis, as exempt from the batch mass input any combustion device shall be summed described in § 63.1323(a)(1), used to limitation provisions, as allowed under together and compared to the emission make the group determination (i.e., § 63.1322(h). limit specified in § 63.1322(c)(2). expected mix of products or highest- (1) An identification of each unique * * * * * HAP recipe.) The establishment of the product that has emissions from one or

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In addition, monitoring data described in either paragraph (a)(2)(i) or (iii) Periods when all pilot flames recorded during periods of non- (a)(2)(ii) of this section, as appropriate. were absent. operation of the TPPU (or specific (i) If the group determination is based (4) * * * portion thereof) resulting in cessation of on the expected mix of products, (iv) For a scrubber or other halogen organic HAP emissions, or periods of records shall include the emission reduction device following a start-up, shutdown, or malfunction shall estimates for the single highest-HAP combustion device to control not be included in computing the batch recipe of each unique product identified halogenated batch process vents or cycle daily averages. in paragraph (a)(1) of this section that halogenated aggregate batch vent * * * * * was considered in making the group streams, the percent reduction of total determination under § 63.1323. (4) Where a seal or closure hydrogen halides and halogens as mechanism is used to comply with (ii) If the group determination is based determined under § 63.1325(d)(3) or the on the single highest-HAP recipe § 63.1324(e)(2), hourly records of emission limit determined under whether a diversion was detected at any (considering all products produced or § 63.1325(d)(4). processed in the batch unit operation), time are not required. The owner or records shall include the emission * * * * * operator shall record whether the estimates for the single highest-HAP (d) * * * monthly visual inspection of the seals or recipe. (1) The owner or operator of a Group closure mechanisms has been done, and (3) * * * 2 batch process vent that has chosen to shall record the occurrence of all (i) For Group 2 batch process vents, comply with § 63.1322(g) shall keep the periods when the seal mechanism is said emissions shall be determined at following records readily accessible: broken, the bypass line damper or valve the batch mass input limitation. (i) Records designating the established position has changed, or the key for a * * * * * batch mass input limitation required by lock-and-key type configuration has (4) The annual average batch vent § 63.1322(g)(1) and specified in been checked out, and records of any flow rate for the batch process vent, § 63.1325(g). car-seal that has broken. determined in accordance with (ii) Records specifying the mass of * * * * * § 63.1323(e). HAP or material charged to the batch (f) Aggregate batch vent stream * * * * * unit operation. continuous compliance records. In (7) If a batch process vent is subject (2) The owner or operator of a Group addition to the records specified in to § 63.1322 (a) or (b), none of the 2 batch process vent that has chosen to paragraphs (b) and (c) of this section, records in paragraphs (a)(1) through comply with § 63.1322(f) shall keep the each owner or operator of an aggregate (a)(6) of this section are required. following records readily accessible: batch vent stream using a control device (8) If the total annual emissions from (i) Records designating the established to comply with § 63.1322(b)(1) or (b)(2) the batch process vent during the group batch mass input limitation required by shall keep the following records readily determination are less than the § 63.1322(f)(1) and specified in accessible: appropriate level specified in § 63.1325(g). (1) Continuous records of the § 63.1323(d), only the records in (ii) Records specifying the mass of equipment operating parameters paragraphs (a)(1) through (a)(3) of this HAP or material charged to the batch specified to be monitored under section are required. unit operation. § 63.1324(c) and listed in Table 7 of this (9) For each Group 2 batch process (e) Controlled batch process vent subpart, as applicable, or specified by vent that is exempt from the batch mass continuous compliance records. Each the Administrator in accordance with input limitation provisions because it owner or operator of a batch process § 63.1327(f), as allowed under meets the criteria of § 63.1322(h), the vent that has chosen to use a control § 63.1324(d), with the exceptions listed records specified in paragraphs (a)(9)(i) device to comply with § 63.1322(a) shall in (f)(1)(i) and (f)(1)(ii) of this section. and (ii) shall be maintained. keep the following records, as (i) For flares, the records specified in (i) Documentation of the maximum applicable, readily accessible: Table 7 of this subpart shall be design capacity of the TPPU; and (1) * * * maintained in place of continuous (ii) The mass of HAP or material that (i) For flares, the records specified in records. can be charged annually to the batch Table 7 of this subpart shall be (ii) For carbon adsorbers, the records unit operation at the maximum design maintained in place of continuous specified in Table 7 of this subpart shall capacity. records. be maintained in place of daily (b) Compliance demonstration (ii) For carbon adsorbers, the records averages. records. Each owner or operator of a specified in Table 7 of this subpart shall (2) Records of the daily average value batch process vent or aggregate batch be maintained in place of batch cycle of each continuously monitored vent stream complying with § 63.1322(a) daily averages. parameter for each operating day or (b), shall keep the following records, (2) Records of the batch cycle daily determined according to the procedures as applicable, readily accessible: average value of each continuously specified in § 63.1335(d). * * * * * monitored parameter, except as (3) For demonstrating compliance (2) If the owner or operator of a batch provided in paragraph (e)(2)(iii) of this with the monitoring of bypass lines as process vent has chosen to comply with section, as calculated using the specified in § 63.1324(e), records as

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00125 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11684 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules specified in paragraphs (e)(3) or (e)(4) of (6) When engineering assessment has (1) The change does not meet the this section, as appropriate. been used to estimate emissions from a description of a process change in (g) Documentation supporting the batch emissions episode and the criteria § 63.1323(i) or (j). establishment of the batch mass input specified in § 63.1323(b)(6)(i)(A) or (B) (2) The redetermined group status limitation shall include the information have been met, the owner or operator remains Group 2 for an individual batch specified in paragraphs (g)(1) through shall submit the information process vent with annual emissions (g)(5) of this section, as appropriate. demonstrating that the criteria specified greater than or equal to the level (1) Identification of whether the in § 63.1323(b)(6)(i)(A) or (B) have been specified in § 63.1323(d) and the batch purpose of the batch mass input met as part of the Notification of mass input limitation does not decrease, limitation is to comply with Compliance Status required by a Group 2 batch process vent with § 63.1322(f)(1) or (g)(1). § 63.1335(e)(5). annual emissions less than the level (2) Identification of whether the batch (b) Whenever a process change, as specified in § 63.1323(d) complying mass input limitation is based on the defined in § 63.1323(i)(1), is made that with § 63.1322(g) continues to have single highest-HAP recipe (considering causes a Group 2 batch process vent to emissions less than the level specified all products) or on the expected mix of become a Group 1 batch process vent, in § 63.1323(d) and the batch mass input products for the batch process vent as the owner or operator shall notify the limitation does not decrease, or the allowed under § 63.1323(a)(1). Administrator and submit a description achieved emission reduction remains at (3) Definition of the operating year, of the process change within 180 days 84 percent or greater for new SAN for the purposes of determining after the process change is made or with affected sources using a batch process. compliance with the batch mass input the next Periodic Report, whichever is * * * * * limitation. later. The owner or operator of an (g) Owners or operators of affected (4) If the batch mass input limitation affected source shall comply with the sources complying with § 63.1324(e), is based on the expected mix of Group 1 batch process vent provisions shall comply with paragraph (g)(1) or products, the owner or operator shall in §§ 63.1321 through 63.1327 in (g)(2) of this section, as appropriate. accordance with § 63.480(i)(2)(ii). provide documentation that describes as (1) Submit reports of the times of all (c) Whenever a process change, as many scenarios for differing mixes of periods recorded under § 63.1326(e)(3) defined in § 63.1323(i)(1), is made that products (i.e., how many of each type of when the batch process vent is diverted causes a Group 2 batch process vent from the control device through a product) as the owner or operator with annual emissions less than the desires the flexibility to accomplish. bypass line, with the next Periodic level specified in § 63.1323(d) for which Report. Alternatively, the owner or operator the owner or operator has chosen to shall provide a description of the (2) Submit reports of all occurrences comply with § 63.1322(g) to have annual recorded under § 63.1326(e)(4) in which relationship among the mix of products emissions greater than or equal to the that will allow a determination of the seal mechanism is broken, the level specified in § 63.1323(d) but bypass line damper or valve position compliance with the batch mass input remains a Group 2 batch process vent, limitation under any number of has changed, or the key to unlock the or if a process change is made that bypass line damper or valve was scenarios. requires the owner or operator to (5) The mass of HAP or material checked out, with the next Periodic redetermine the batch mass input Report. allowed to be charged to the batch unit limitation as specified in § 63.1323(i)(3), operation per year under the batch mass 47. Section 63.1328 is revised, to read the owner or operator shall submit a as follows: input limitation. report within 180 days after the process 46. Section 63.1327 is amended by: change is made or with the next § 63.1328 Heat exchange systems a. Revising paragraph (a) introductory Periodic Report, whichever is later. The provisions. text, (b), (c) introductory text, (c)(2), (d), following information shall be (a) Except as specified in paragraph (e), and (g); submitted: (b) of this section, each owner or b. Removing paragraph (c)(3); and * * * * * operator of an affected source shall c. Adding paragraphs (a)(5) and (a)(6), (2) The batch mass input limitation comply with § 63.104, with the to read as follows: determined in accordance with differences noted in paragraphs (c) § 63.1327 Batch process ventsÐreporting § 63.1322(f)(1). through (h) of this section, for the requirements. (d) Whenever a process change, as purposes of this subpart. defined in § 63.1323(j)(1), is made that (b) The provisions of paragraph (a) of (a) The owner or operator of a batch causes the percent reduction for all this section do not apply to each process process vent or aggregate batch vent process vents at a new SAN affected contact cooling tower that is associated stream at an affected source shall submit source using a batch process to be less with an existing affected source the information specified in paragraphs than 84 percent, the owner or operator manufacturing PET. (a)(1) through (a)(6) of this section, as shall notify the Administrator and (c) When the term ‘‘chemical appropriate, as part of the Notification submit a description of the process manufacturing process unit’’ is used in of Compliance Status specified in change within 180 days after the process § 63.104, the term ‘‘thermoplastic § 63.1335(e)(5). change is made or with the next product process unit’’ shall apply for * * * * * Periodic Report, whichever is later. The purposes of this subpart, with the (5) For each Group 2 batch process owner or operator shall comply with exception noted in paragraph (d) of this vent that is exempt from the batch mass § 63.1322(a)(3) and all associated section. input limitation provisions because it provisions in accordance with (d) When the phrase ‘‘a chemical meets the criteria of § 63.1322(h), the § 63.1310(i). manufacturing process unit meeting the information specified in § 63.1326(a)(1) (e) The owner or operator is not conditions of § 63.100(b)(1) through through (3), and the information required to submit a report of a process (b)(3) of this subpart, except for specified in § 63.1326(a)(4) through (6) change if one of the conditions specified chemical manufacturing process units as applicable, calculated at the in paragraphs (e)(1) or (e)(2) of this meeting the condition specified in conditions specified in § 63.1322(h). section is met. § 63.100(c) of this subpart’’ is used in

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00126 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11685

§ 63.104(a), the term ‘‘a TPPU, except § 63.1329 Process contact cooling towers streams that are sent to the process for TPPUs meeting the condition provisions. contact cooling tower. specified in § 63.1310(b)’’ shall apply (a) The owner or operator of each new (1) * * * for purposes of this subpart. affected source that manufactures PET is (i) At least one sample per operating (e) When § 63.104 refers to Table 4 of required to comply with paragraph (b) day shall be collected using the procedures specified in 40 CFR subpart F of this part or Table 9 of of this section. The owner or operator of 60.564(j)(1)(i). An average ethylene subpart G of this part, the owner or each existing affected source that manufactures PET using a continuous glycol concentration by weight shall be operator is only required to consider calculated on a daily basis over a rolling organic HAP listed on Table 6 of this terephthalic acid high viscosity multiple end finisher process that utilizes a 14-day period of operating days. Each subpart, except for ethylene glycol daily average ethylene glycol which need not be considered under process contact cooling tower shall comply with paragraph (c) of this concentration so calculated constitutes a this section, for purposes of this performance test. subpart. section, and is not required to comply with paragraph (b) of this section. The (ii) The owner or operator may elect (f) When § 63.104(c)(3) and compliance date for process contact to reduce the sampling program to any § 63.104(f)(1) specify that the cooling towers subject to the provisions 14 consecutive operating day period monitoring plan and records required by of this section is specified in § 63.1311. once every two calendar months, if at § 63.104(f)(1)(i) through (f)(1)(iv) shall least seventeen consecutive 14-day * * * * * be kept as specified in § 63.103(c), the rolling average concentrations provisions of § 63.1335(a) and (c) Existing affected source immediately preceding the reduced § 63.1335(h) shall apply for purposes of requirements. The owner or operator of sampling program are each less than 1.2 this subpart. an existing affected source subject to weight percent ethylene glycol. If the this section who manufactures PET average concentration obtained over the (g) When § 63.104(f)(2) requires using a continuous terephthalic acid 14 operating day sampling during the information to be reported in the high viscosity multiple end finisher reduced test period exceeds the upper Periodic Reports required by § 63.152(c), process, and who is subject or becomes 95 percent confidence interval the owner or operator shall instead subject to 40 CFR part 60, subpart DDD, calculated from the most recent test report the information specified in shall maintain an ethylene glycol results in which no one 14-day average § 63.104(f)(2) in the Periodic Reports concentration in the process contact exceeded 1.2 weight percent ethylene required by § 63.1335(e)(6), for the cooling tower at or below 4.0 percent by glycol, then the owner or operator shall purposes of this subpart. weight averaged on a daily basis over a reinstitute a daily sampling program. (h) The compliance date for heat rolling 14-day period of operating days. The 95 percent confidence interval shall exchange systems subject to the Compliance with this paragraph (c) be calculated as specified in paragraph provisions of this section is specified in shall be determined as specified in (c)(1)(iii) of this section. A reduced § 63.1311. paragraphs (c)(1) through (c)(4) of this program may be reinstituted if the section. It should be noted that requirements specified in this paragraph 48. Section 63.1329 is amended by compliance with this paragraph (c) does (c)(1)(ii) are met. revising paragraphs (a), (c) introductory not exempt owners or operators from (iii) The upper 95 percent confidence text, (c)(1)(i) through (c)(1)(iii), and complying with the provisions of interval shall be calculated using the (c)(2), to read as follows: § 63.1330 for those process wastewater Equation 27 of this subpart:

2 n n  n  ∑ X n∑() X2 − ∑ X  i i i  =i=1 + i=1 i=1 CI95 2 [Eq. 27] n n (n -1)

Where: compliance with the ethylene glycol § 63.1330 Wastewater provisions. CI95=95 percent confidence interval concentration standard whereby the (a) Except as specified in paragraphs Xi=daily ethylene glycol concentration ethylene glycol concentration is (d) and (e) of this section, the owner or for each operating day used to determined using the procedures operator of each affected source shall calculate each 14-day rolling described in paragraph (c)(1) of this comply, as specified in paragraph (b) of average used in test results to justify section. The alternative parameter shall this section, with the requirements of implementing the reduced testing be measured on a daily basis and the program. §§ 63.132 through 63.147 for each average value of the alternative process wastewater stream originating at n=number of ethylene glycol parameter shall be calculated on a daily concentrations. an affected source, with the basis over a rolling 14-day period of (2) Measuring an alternative requirements of § 63.148 for leak operating days. Each daily average value inspection provisions, and with the parameter, such as carbon oxygen of the alternative parameter constitutes demand or biological oxygen demand, requirements of § 63.149 for equipment a performance test. that is demonstrated to be directly that is subject to § 63.149. Further, the proportional to the ethylene glycol * * * * * owner or operator of each affected concentration shall be allowed. Such 49. Section 63.1330 is amended by source shall comply with the parameter shall be measured during the revising paragraphs (a) and (b) and requirements of § 63.105(a) for initial 14-day performance test during adding paragraph (c), to read as follows: maintenance wastewater as specified in which the facility is shown to be in paragraph (c) of this section. 11686 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules

(b) The owner or operator of each organic HAP that are also listed on source shall report the specified affected source shall comply with the Table 6 of this subpart, for the purposes information in the Periodic Reports requirements of §§ 63.132 through of this subpart. required in § 63.1335(e)(6) for the 63.149, with the differences noted in (9) Whenever §§ 63.132 through purposes of this subpart. paragraphs (b)(1) through (b)(22) of this 63.149 refer to a ‘‘chemical (15) When § 63.143(f) specifies that section for the purposes of this subpart. manufacturing process unit,’’ the term owners or operators shall establish the (1) When the determination of ‘‘thermoplastic product process unit,’’ range that indicates proper operation of equivalence criteria in § 63.102(b) is (or TPPU) as defined in § 63.1312, shall the treatment process or control device, referred to in §§ 63.132, 63.133, and apply for the purposes of this subpart. the owner or operator shall instead 63.137, the provisions in § 63.6(g) shall In addition, when § 63.149 refers to ‘‘a comply with the requirements of apply for the purposes of this subpart. chemical manufacturing process unit § 63.1334(b)(1), (c), or (d) for (2) When the storage vessel that meets the criteria of § 63.100(b) of establishing parameter level maximums/ requirements contained in §§ 63.119 subpart F of this part,’’ the term ‘‘a minimums for the purposes of this through 63.123 are referred to in TPPU as defined in § 63.1312(b)’’ shall subpart. §§ 63.132 through 63.149, §§ 63.119 apply for the purposes of this subpart. (16) When § 63.146(b)(7) and through 63.123 are applicable, with the (10) Whenever §§ 63.132 through § 63.146(b)(8) require that ‘‘the exception of the differences referred to 63.149 refer to a Group 1 wastewater information on parameter ranges in § 63.1314, for the purposes of this stream or a Group 2 wastewater stream, specified in § 63.152(b)(2)’’ be reported subpart. the definitions of these terms contained in the Notification of Compliance (3) When § 63.146(a) requires the in § 63.1312 shall apply for the purposes Status, owners and operators of affected submission of a request for approval to of this subpart. sources are instead required to report monitor alternative parameters (11) When § 63.149(d) refers to the information on parameter levels as according to the procedures specified in ‘‘§ 63.100(f) of subpart F’’, the phrase specified in § 63.1335(e)(5)(ii) for the § 63.151(g) or § 63.152(e), owners or ‘‘§ 63.1310(c)’’ shall apply for the purposes of this subpart. operators requesting to monitor purposes of this subpart. In addition, (17) When the term ‘‘range’’ is used in alternative parameters shall follow the where § 63.149(d) states ‘‘and the item §§ 63.132 through 63.149, the term procedures specified in § 63.1335(g) for of equipment is not otherwise exempt ‘‘level’’ shall apply instead for the the purposes of this subpart. from controls by the provisions of purposes of this subpart. This level shall (4) When § 63.147(d) requires owners subparts A, F, G, or H of this part’’, the be determined using the procedures or operators to keep records of the daily phrase ‘‘and the item of equipment is specified in § 63.1334. average value of each continuously not otherwise exempt from controls by (18) For the purposes of this subpart, monitored parameter for each operating the provisions of subparts A, F, G, H, or the owner or operator of an affected day as specified in § 63.152(f), owners JJJ of this part’’ shall apply for the source is not required to include process and operators shall instead keep records purposes of this subpart. wastewater streams that contain styrene of the daily average value of each (12) When § 63.149(e)(1) and (e)(2) when conducting performance tests for continuously monitored parameter as refer to ‘‘a chemical manufacturing the purposes of calculating the required specified in § 63.1335(d) for the process unit subject to the new source mass removal (RMR) or the actual mass purposes of this subpart. requirements of 40 CFR 63.100(l)(1) or removal (AMR) under the provisions (5) When §§ 63.132 through 63.149 40 CFR § 63.100 (l)(2),’’ the phrase ‘‘a described in § 63.145(f) or § 63.145(g). refer to an ‘‘existing source,’’ the term TPPU that is part of a new affected For purposes of this paragraph, a ‘‘existing affected source,’’ as defined in source or that is a new affected source,’’ process wastewater stream is considered § 63.1310(a), shall apply for the shall apply for the purposes of this to contain styrene if the wastewater purposes of this subpart. subpart. stream meets the requirements in (6) When §§ 63.132 through 63.149 (13) When the Notification of paragraph (b)(18) (i), (ii), (iii), (iv), or (v) refer to a ‘‘new source,’’ the term ‘‘new Compliance Status requirements of this section. affected source,’’ as defined in contained in § 63.152(b) are referred to (i) The wastewater stream originates § 63.1310(a), shall apply for the in §§ 63.138 and 63.146, the Notification at equipment that produces ABS or ABS purposes of this subpart. of Compliance Status requirements latex; (7) When § 63.132(a) and (b) refer to contained in § 63.1335(e)(5) shall apply (ii) The wastewater stream originates the ‘‘applicable dates specified in for the purposes of this subpart. In at equipment that produces EPS; § 63.100 of subpart F of this part,’’ the addition, when §§ 63.132 through (iii) The wastewater stream originates compliance dates specified in § 63.1311 63.149 require that information be at equipment that produces MABS; shall apply for the purposes of this reported according to § 63.152(b) in the (iv) The wastewater stream originates subpart. Notification of Compliance Status, the at equipment that produces MBS; or (8) When §§ 63.132 through 63.149 owner or operator of an affected source (v) The wastewater stream originates refer to table 8, the owners or operator shall report the specified information in at equipment that produces SAN. is only required to consider 1,3- the Notification of Compliance Status (19) When the provisions of butadiene for purposes of this subpart. required by § 63.1335(e)(5) for the § 63.139(c)(1)(ii), § 63.145(d)(4), or When §§ 63.132 through 63.149 refer to purposes of this subpart. § 63.145(i)(2) specify that Method 18, 40 table 9 or table 36, the owners or (14) When the Periodic Report CFR part 60, appendix A, shall be used, operator is only required to consider requirements contained in § 63.152(c) Method 18 or Method 25A, 40 CFR part organic HAP listed on table 6 of this are referred to in § 63.146, the Periodic 60, appendix A, may be used for the subpart for the purposes of this subpart, Report requirements contained in purposes of this subpart. The use of except for ethylene glycol which need § 63.1335(e)(6) shall apply for the Method 25A, 40 CFR part 60, appendix not be considered. In addition, when purposes of this subpart. In addition, A, shall conform with the requirements §§ 63.132 through 63.149 refer to List 1, when §§ 63.132 through 63.149 require in paragraphs (b)(19)(i) and (b)(19)(ii) of List 2, and/or List 3, as listed in Table that information be reported in the this section. 36 of subpart G of this part, the owner Periodic Reports required in § 63.152(c), (i) The organic HAP used as the or operator is only required to consider the owner or operator of an affected calibration gas for Method 25A, 40 CFR

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00128 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11687 part 60, appendix A, shall be the single this subpart. When § 63.182(c)(4) refers number for the leaking equipment at the organic HAP representing the largest to ‘‘sources subject to subpart F,’’ the time of recordkeeping. Further, the percent by volume of the emissions. phrase ‘‘sources subject to this subpart’’ owner or operator is not required to (ii) The use of Method 25A, 40 CFR shall apply, for the purposes of this record the identification number of the part 60, appendix A, is acceptable if the subpart. In addition, extensions of instrument (i.e., Method 21 instrument) response from the high-level calibration compliance dates are addressed by because the use of Method 21 is not an gas is at least 20 times the standard § 63.1311(e) instead of § 63.182(a)(6), for acceptable method for determining a deviation of the response from the zero the purposes of this subpart. leak under this paragraph (a)(6). calibration gas when the instrument is * * * * * (B) An owner or operator is not zeroed on the most sensitive scale. (4) As specified in § 63.1335(e)(5), the required to comply with § 63.181(d)(4) (20) In § 63.145(j), instead of the Notification of Compliance Status which requires a record of the reference to § 63.11(b), and instead of required by paragraphs § 63.182(a)(2) maximum instrument reading measured § 63.145(j)(1) and § 63.145(j)(2), the and § 63.182(c) shall be submitted by Method 21 of 40 CFR part 60, requirements in § 63.1333(e) shall within 150 days (rather than 90 days) of appendix A. apply. the applicable compliance date (7) When § 63.166(b)(4)(i) refers to (21) The owner or operator of a specified in § 63.1311 for the equipment Table 9 of subpart G of this part, the facility which receives a Group 1 leak provisions. owner or operator is only required to wastewater stream, or a residual (5) The information specified by consider organic HAP listed on Table 6 removed from a Group 1 wastewater § 63.182(a)(3) and § 63.182(d) (i.e., of this subpart for purposes of this stream, for treatment pursuant to Periodic Reports) shall be submitted as subpart, except for ethylene glycol § 63.132(g) is subject to the part of the Periodic Reports required by which need not be considered. requirements of § 63.132(g) with the § 63.1335(e)(6). (8) When the provisions of subpart H differences identified in this section, (6) For pumps, valves, connectors, of this part specify that Method 18, 40 and is not subject to subpart DD of this and agitators in heavy liquid service; CFR part 60, appendix A, shall be used, part with respect to that material. pressure relief devices in light liquid or Method 18 or Method 25A, 40 CFR part (22) When § 63.132(g) refers to heavy liquid service; and 60, appendix A, may be used for the ‘‘§§ 63.133 through 63.137’’ or instrumentation systems, owners or purposes of this subpart. The use of ‘‘§§ 63.133 through 63.147’’, the operators of affected sources producing Method 25A, 40 CFR part 60, appendix provisions in this section 63.1330 shall PET shall comply with the requirements A, shall conform with the requirements apply, for the purposes of this subpart. of paragraphs (a)(6)(i) and (a)(6)(ii) of in paragraphs (a)(8)(i) and (a)(8)(ii) of (c) For each affected source, the this section instead of with the this section. owner or operator shall comply with the requirements of § 63.169. Owners or * * * * * requirements for maintenance operators of PET affected sources shall (9) [Reserved.] wastewater in § 63.105, except that comply with all other provisions of (10) If specific items of equipment, when § 63.105(a) refers to ‘‘organic subpart H of this part for pumps, valves, comprising part of a process unit subject HAPs,’’ the definition of organic HAP in connectors, and agitators in heavy to this subpart, are managed by different § 63.1312 shall apply for the purposes of liquid service; pressure relief devices in administrative organizations (e.g., this subpart. light liquid or heavy liquid service; and different companies, affiliates, * * * * * instrumentation systems, except as departments, divisions, etc.), those 50. Section 63.1331 is amended by: specified in paragraphs (a)(6)(iii) items of equipment may be aggregated a. Revising paragraphs (a) through (a)(6)(iv) of this section. with any TPPU within the affected introductory text, (a)(2), (a)(4), (a)(5), (i) A leak is determined to be detected source for all purposes under subpart H (a)(6) introductory text, (a)(6)(i), if there is evidence of a potential leak of this part, providing there is no delay (a)(6)(ii)(A), (a)(6)(ii)(B), (a)(7), (a)(8) found by visual, audible, or olfactory in achieving the applicable compliance introductory text, (a)(10), and (b); means. Method 21, 40 CFR part 60, date. b. Adding paragraphs (a)(6)(iii), appendix A may not be used to (11) When the terms ‘‘equipment’’ and (a)(6)(iv), and (a)(11) through (a)(13); determine the presence or absence of a ‘‘equipment leak’’ are used in subpart H and leak. of this part, the definitions of these c. Removing and reserving paragraph (ii)(A) When a leak is detected, it shall terms in § 63.1312 shall apply for the (a)(9), to read as follows: be repaired as soon as practical, but not purposes of this subpart. later than 15 days after it is detected, (12) The phrase ‘‘the provisions of § 63.1331 Equipment leak provisions. except as provided in § 63.171. subparts F, I, or JJJ of this part’’ shall (a) Except as provided for in (B) The first attempt at repair shall be apply instead of the phrase ‘‘the paragraphs (b) and (c) of this section, made no later than 5 days after each provisions of subpart F or I of this part’’ the owner or operator of each affected leak is detected. throughout §§ 63.163 and 63.168, for the source shall comply with the * * * * * purposes of this subpart. In addition, requirements of subpart H of this part, (iii) An owner or operator is not the phrase ‘‘subparts F, I, and JJJ’’ shall with the differences noted in paragraphs required to develop an initial list of apply instead of the phrase ‘‘subparts F (a)(1) through (a)(13) of this section. identification numbers as would and I’’ in § 63.174(c)(2)(iii), for the * * * * * otherwise be required under purposes of this subpart. (2) The compliance date for the § 63.181(b)(1)(i) or § 63.181(b)(4). (13) An owner or operator using a equipment leak provisions contained in (iv) When recording the detection of flare to comply with the requirements of this section is provided in § 63.1311. a leak under § 63.182(d)(1), the owner or this section shall conduct a compliance Whenever subpart H of this part refers operator of an affected source shall demonstration as specified in to the compliance dates specified in any comply with paragraphs (a)(6)(iv)(A) § 63.1333(e). paragraph contained in § 63.100, the through (a)(6)(iv)(B) of this section. (b) The provisions of this section do compliance dates listed in § 63.1311(d) (A) When complying with not apply to each TPPU producing PET shall instead apply, for the purposes of § 63.181(d)(1), provide an identification using a process other than a continuous

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00129 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11688 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules terephthalic acid (TPA) high viscosity information regarding the process make product that does not meet an multiple end finisher process that is change is known to the owner or existing specification for sale to a part of an affected source if all of the operator. This report may be included in customer; or necessitating that the equipment leak components subject to the next Periodic Report, as specified in owner or operator make product in this § 63.1331 in the TPPU are either in paragraph (a)(5) of this section. A excess of demand. vacuum service or in heavy liquid description of the process change shall (2) The requirements in service. be submitted with this report. § 63.1335(e)(5) should apply instead of (1) Owners and operators of a TPPU * * * * * the references in § 63.7(g) to the exempted under paragraph (b) of this 51. Section 63.1333 is amended by Notification of Compliance Status section shall comply with paragraph revising the section title and paragraphs requirements in § 63.9(h). (b)(1)(i) or (b)(1)(ii) of this section. (a) introductory text and (a)(1), (a)(2), * * * * * (i) Retain information, data, and (a)(4), and (b) introductory text; and analyses used to demonstrate that all of adding paragraphs (a)(5) and (e), to read (4) The owner or operator shall notify the components in the exempted TPPU as follows: the Administrator of the intention to are either in vacuum service or in heavy conduct a performance test at least 30 § 63.1333 Additional requirements for days before the performance test is liquid service. For components in performance testing. vacuum service, examples of scheduled to allow the Administrator (a) Performance testing shall be information that could document this the opportunity to have an observer conducted in accordance with § 63.7 include, but are not limited to, analyses present during the test. If after 30 days (a)(1), (a)(3), (d), (e)(1), (e)(2), (e)(4), (g), of process stream composition and notice for an initially scheduled and (h), with the exceptions specified in process conditions, engineering performance test, there is a delay (due paragraphs (a)(1) through (a)(5) of this calculations, or process knowledge. For to operational problems, etc.) in section and the additions specified in components in heavy liquid service, conducting the scheduled performance paragraphs (b) through (d) of this test, the owner or operator of an affected such documentation shall include an section. Sections 63.1314 through analysis or demonstration that the facility shall notify the Administrator as 63.1330 also contain specific testing soon as possible of any delay in the process fluids do not meet the criteria requirements. of ‘‘in light liquid service’’ or ‘‘in gas or original test date, either by providing at (1) Performance tests shall be least 7 days prior notice of the vapor service.’’ conducted according to the provisions (ii) When requested by the rescheduled date of the performance of § 63.7 (e)(1) and (e)(2), except that test, or by arranging a rescheduled date Administrator, demonstrate that all of performance tests shall be conducted at the components in the TPPU are either with the Administrator by mutual maximum representative operating agreement. in vacuum service or in heavy liquid conditions achievable during one of the service. time periods described in paragraph (5) Performance tests shall be (2) If changes occur at a TPPU (a)(1)(i) of this section, without causing performed no later than 150 days after exempted under paragraph (b) of this any of the situations described in the compliance dates specified in this section such that all of the components paragraph (a)(1)(ii) of this section to subpart (i.e., in time for the results to be in the TPPU are no longer either in occur. included in the Notification of vacuum service or in heavy liquid (i) The 6-month period that ends 2 Compliance Status), rather than service (e.g., by either process changes months before the Notification of according to the time periods in or the addition of new components), the Compliance Status is due, according to § 63.7(a)(2) of subpart A of this part. owner or operator of the affected source § 63.1335(e)(5); or the 6-month period (b) Each owner or operator of an shall comply with the provisions of this that begins 3 months before the existing affected source producing MBS section for all of the components at the performance test and ends 3 months complying with § 63.1315(b)(2) shall TPPU. The owner or operator shall after the performance test. determine compliance with the mass submit a report within 180 days after (ii) Causing damage to equipment; emission per mass product standard by the process change is made or the necessitating that the owner or operator using Equation 49 of this subpart.

n

∑ Ei = i=1 ERMBS [Eq . 49] PPM

Where: n=Number of continuous process vents. operator of an affected source uses a flare to comply with any of the ERMBS=Emission rate of organic HAP or When determining Ei, when the TOC from continuous process provisions of § 63.116(c)(4) specify that requirements of this subpart, the owner vents, kg/Mg product. Method 18, 40 CFR part 60, appendix A, or operator shall comply with paragraphs (e)(1) through (e)(3) of this Ei=Emission rate of organic HAP or TOC shall be used, Method 18 or Method from continuous process vent i as 25A, 40 CFR part 60, appendix A, may section. The owner or operator is not calculated using the procedures be used for the purposes of this subpart. required to conduct a performance test specified in § 63.116(c)(4), kg/ The use of Method 25A, 40 CFR part 60, to determine percent emission reduction month. appendix A, shall conform with the or outlet organic HAP or TOC PPM=Amount of polymer produced in requirements in paragraphs (b)(1) and concentration. If a compliance one month as determined by the (b)(2) of this section. demonstration has been conducted procedures specified in (e) Notwithstanding any other previously for a flare, using the § 63.1318(b)(1)(ii), Mg/month. provision of this subpart, if an owner or techniques specified in paragraphs (e)(1)

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00130 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11689 through (e)(3) of this section, that established level, except as otherwise order to assure compliance. The average compliance demonstration may be used stated in this subpart. parameter value that is necessary to to satisfy the requirements of this (2) As specified in § 63.1335(e)(5), all assure compliance for that emission paragraph if either no deliberate process established levels, along with their episode, or portion thereof, shall be the changes have been made since the supporting documentation and the level for all emission episodes, or compliance demonstration, or the definition of an operating day, shall be portions thereof, in the batch cycle, that results of the compliance demonstration submitted as part of the Notification of are selected to be controlled). reliably demonstrate compliance despite Compliance Status. (C) If the level to be established is a process changes. (3) Nothing in this section shall be minimum operating parameter, the level (1) Conduct a visible emission test construed to allow a monitoring shall be defined as the maximum of the using the techniques specified in parameter excursion caused by an average parameter values of the batch § 63.11(b)(4); activity that violates other applicable emission episodes, or portions thereof, (2) Determine the net heating value of provisions of subpart A, F, G, or H of in the batch cycle selected to be the gas being combusted, using the this part. controlled (i.e., identify the emission techniques specified in § 63.11(b)(6); (b) Establishment of parameter episode, or portion thereof, which and monitoring levels based exclusively on requires the highest parameter value in (3) Determine the exit velocity using performance tests. In cases where a order to assure compliance. The average the techniques specified in either performance test is required by this parameter value that is necessary to § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), subpart, or the owner or operator of the assure compliance for that emission where applicable) or § 63.11(b)(8), as affected source elects to do a episode, or portion thereof, shall be the appropriate. performance test in accordance with the level for all emission episodes, or 52. Section 63.1334 is amended by: provisions of this subpart, and an owner portions thereof, in the batch cycle, that a. Revising paragraphs (a), (b) or operator elects to establish a are selected to be controlled). introductory text, (b)(3) introductory parameter monitoring level for a control, (D) Alternatively, an average text, (b)(3)(i)(A) through (b)(3)(i)(D), recovery, or recapture device based monitored parameter value shall be (b)(3)(ii), (c), (d), (f)(1) introductory text, exclusively on parameter values calculated for the entire batch cycle (f)(1)(ii), (f)(1)(iii), (f)(2) introductory measured during the performance test, based on all values measured during text, and (f)(2)(ii); the owner or operator of the affected each batch emission episode, or portion b. Removing and reserving paragraphs source shall comply with the thereof, selected to be controlled. (b)(1) and (e); procedures in paragraphs (b)(1) through (ii) Instead of establishing a single c. Removing paragraph (b)(3)(i)(E); (b)(4) of this section, as applicable. level for the batch cycle, as described in and (1) [Reserved.] paragraph (b)(3)(i) of this section, an d. Adding paragraphs (f)(1)(v) and * * * * * owner or operator may establish (f)(3) through (f)(7), to read as follows: (3) Batch process vents. The separate levels for each batch emission monitoring level(s) shall be established episode, or portion thereof, selected to § 63.1334 Parameter monitoring levels and using the procedures specified in either be controlled. Each level shall be excursions. paragraph (b)(3)(i) or (b)(3)(ii) of this determined as specified in paragraph (a) Establishment of parameter section. The procedures specified in this (b)(3)(i)(A) of this section. monitoring levels. The owner or paragraph (b)(3) may only be used if the * * * * * operator of a control or recovery device batch emission episodes, or portions (c) Establishment of parameter that has one or more parameter thereof, selected to be controlled were monitoring levels based on performance monitoring level requirements specified tested, and monitoring data were tests, supplemented by engineering under this subpart shall establish a collected, during the entire period in assessments and/or manufacturer’s maximum or minimum level for each which emissions were vented to the recommendations. In cases where a measured parameter. If a performance control device, as specified in performance test is required by this test is required by this subpart for a § 63.1325(c)(1)(i). If the owner or subpart, or the owner or operator elects control device, the owner or operator operator chose to test only a portion of to do a performance test in accordance shall use the procedures in either the batch emission episode, or portion with the provisions of this subpart, and paragraph (b) or (c) of this section to thereof, selected to be controlled, the an owner or operator elects to establish establish the parameter monitoring procedures in paragraph (c) of this a parameter monitoring level for a level(s). If a performance test is not section shall be used. control, recovery, or recapture device required by this subpart for a control (i) * * * under this paragraph (c), the owner or device, the owner or operator may use (A) The average monitored parameter operator shall supplement the parameter the procedures in paragraph (b), (c) or value shall be calculated for each batch values measured during the (d) of this section to establish the emission episode, or portion thereof, in performance test with engineering parameter monitoring level(s). When the batch cycle selected to be controlled. assessments and/or manufacturer’s using the procedures specified in The average shall be based on all values recommendations. Performance testing paragraph (c) or (d) of this section, the measured during the required is not required to be conducted over the owner or operator shall submit the performance test. entire range of expected parameter information specified in (B) If the level to be established is a values. § 63.1335(e)(3)(vii) for review and maximum operating parameter, the level (d) Establishment of parameter approval as part of the Precompliance shall be defined as the minimum of the monitoring based on engineering Report. average parameter values of the batch assessments and/or manufacturer’s (1) The owner or operator shall emission episodes, or portions thereof, recommendations. In cases where a operate control and recovery devices in the batch cycle selected to be performance test is not required by this such that the daily average of monitored controlled (i.e., identify the emission subpart and an owner or operator elects parameters remains above the minimum episode, or portion thereof, which to establish a parameter monitoring established level or below the maximum requires the lowest parameter value in level for a control, recovery, or

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00131 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11690 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules recapture device under this paragraph two cases listed in paragraphs (f)(2)(i) excursion, the owner or operator shall (d), the determination of the parameter and (f)(2)(ii) of this section. For a be deemed out of compliance with the monitoring level shall be based control device where multiple provisions of this subpart, except as exclusively on engineering assessments parameters are monitored, if one or provided in paragraph (g) of this and/or manufacturer’s more of the parameters meets the section. recommendations. excursion criteria in either paragraph (i) If the monitoring plan specifies (e) [Reserved.] (f)(2)(i) or (f)(2)(ii) of this section, this is monitoring a parameter and recording (f) Parameter monitoring excursion considered a single excursion for the its value at specific intervals (such as definitions. (1) With respect to storage control device. For each excursion, the every 15 minutes or every hour), either vessels (where the applicable owner or operator shall be deemed out of the cases listed in paragraph monitoring plan specifies continuous of compliance with the provisions of (f)(3)(i)(A) or (f)(3)(i)(B) of this section is monitoring), continuous process vents, this subpart, except as provided in considered a single excursion for the aggregate batch vent streams, and paragraph (g) of this section. control device. For each excursion, the process wastewater streams, an * * * * * owner or operator shall be deemed out excursion means any of the three cases (ii) When monitoring data are of compliance with the provisions of listed in paragraphs (f)(1)(i) through insufficient for an operating day. this subpart, except as provided in (f)(1)(iii) of this section. For a control or Monitoring data shall be considered paragraph (g) of this section. recovery device where multiple (A) When the average value of one or insufficient when measured values are parameters are monitored, if one or more parameters, averaged over the not available for at least 75 percent of more of the parameters meets the duration of the filling period for the the 15-minute periods when batch excursion criteria in paragraphs (f)(1)(i) storage vessel, is above the maximum emission episodes selected to be through (f)(1)(iii) of this section, this is level or below the minimum level considered a single excursion for the controlled are being vented to the established for the given parameters. control or recovery device. For each control device during the operating day, (B) When monitoring data are excursion, the owner or operator shall using the procedures specified in insufficient. Monitoring data shall be be deemed out of compliance with the paragraphs (f)(2)(ii)(A) through considered insufficient when measured provisions of this subpart, except as (f)(2)(ii)(D) of this section. values are not available for at least 75 provided in paragraph (g) of this (A) Determine the total amount of percent of the specific intervals at section. time during the operating day when which parameters are to be monitored batch emission episodes selected to be and recorded, according to the storage * * * * * controlled are being vented to the (ii) When the period of control or vessel’s monitoring plan, during the control device. recovery device operation, with the filling period for the storage vessel. (B) Subtract the time during the exception noted in paragraph (f)(1)(v) of (ii) If the monitoring plan does not periods listed in paragraphs this section, is 4 hours or greater in an specify monitoring a parameter and (f)(2)(ii)(B)(1) through (f)(2)(ii)(B)(4) of operating day, and monitoring data are recording its value at specific intervals this section from the total amount of insufficient, as defined in paragraph (for example, if the relevant operating time determined in paragraph (f)(1)(iv) of this section, to constitute a requirement is to exchange a disposable (f)(2)(ii)(A) of this section, to obtain the valid hour of data for at least 75 percent carbon canister before expiration of its operating time used to determine if of the operating hours. rated service life), the monitoring plan (iii) When the period of control or monitoring data are insufficient. shall define an excursion in terms of the recovery device operation, with the (1) Monitoring system breakdowns, relevant operating requirement. exception noted in paragraph (f)(1)(v) of repairs, calibration checks, and zero (4) With respect to continuous process this section, is less than 4 hours in an (low-level) and high-level adjustments; vents complying with the mass operating day and more than two of the (2) Start-ups; emissions per mass product hours during the period of operation do (3) Shutdowns; or requirements specified in not constitute a valid hour of data due (4) Malfunctions. § 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), to insufficient monitoring data, as (C) Determine the total number of 15- (b)(2)(ii), or (c)(1)(i), an excursion has defined in paragraph (f)(1)(iv) of this minute periods in the operating time occurred when the mass emission rate section. used to determine if monitoring data are calculated as specified in § 63.1318(c) insufficient, as was determined in exceeds the appropriate mass emissions * * * * * accordance with paragraph (f)(2)(ii)(B) (v) The periods listed in paragraphs per mass product requirement. For each of this section. (f)(1)(v)(A) through (f)(1)(v)(E) of this excursion, the owner or operator shall (D) If measured values are not section are not considered to be part of be deemed out of compliance with the available for at least 75 percent of the the period of control or recovery device provisions of this subpart, except as total number of 15-minute periods operation, for the purposes of provided in paragraph (g) of this determined in paragraph (f)(2)(ii)(C) of paragraphs (f)(1)(ii) and (f)(1)(iii) of this section. this section, the monitoring data are (5) With respect to continuous process section. (A) Monitoring system breakdowns, insufficient for the operating day. vents complying with the temperature repairs, calibration checks, and zero (3) For storage vessels where the limits for final condensers specified in (low-level) and high-level adjustments; applicable monitoring plan does not § 63.1316(b)(1)(i)(B) or (c)(1)(ii), an (B) Start-ups; specify continuous monitoring, an excursion has occurred when the daily (C) Shutdowns; excursion is defined in paragraph average exit temperature exceeds the (D) Malfunctions; or (f)(3)(i) or (ii) of this section, as appropriate condenser temperature (E) Periods of non-operation of the applicable. For a control or recovery limit. For each excursion, the owner or affected source (or portion thereof), device where multiple parameters are operator shall be deemed out of resulting in cessation of the emissions to monitored, if one or more of the compliance with the provisions of this which the monitoring applies. parameters meets the excursion criteria, subpart, except as provided in (2) With respect to batch process this is considered a single excursion for paragraph (g) of this section. The vents, an excursion means one of the the control or recovery device. For each periods listed in paragraphs (f)(5)(i)

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00132 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules 11691 through (f)(5)(v) of this section are not (e)(4)(iv)(C), (e)(5) introductory text, shutdown, and malfunction and a considered to be part of the period of (e)(5)(i) introductory text, (e)(5)(i)(A), program for corrective action for operation for the condenser for purposes (e)(5)(ii) introductory text, (e)(5)(iv), malfunctioning process and air of determining the daily average exit (e)(5)(vi) through (e)(5)(viii), (e)(6) pollution control equipment used to temperature. introductory text, (e)(6)(i), (e)(6)(ii), comply with this subpart. A provision (i) Monitoring system breakdowns, (e)(6)(iii)(B), (e)(6)(iii)(D) introductory for ceasing to collect, during a start-up, repairs, calibration checks, and zero text, (e)(6)(iii)(D)(2), (e)(6)(iii)(D)(3), shutdown, or malfunction, monitoring (low-level) and high-level adjustments; (e)(6)(iv), (e)(6)(v)(B), (e)(6)(vi) through data that would otherwise be required (ii) Start-ups; (e)(6)(xi), (e)(7) introductory text, by the provisions of this subpart may be (iii) Shutdowns; (e)(7)(ii), (e)(8), (f) introductory text, included in the start-up, shutdown, and (iv) Malfunctions; or (f)(3) introductory text, (g) introductory malfunction plan only if the owner or (v) Periods of non-operation of the text, (g)(3) introductory text, (g)(3)(i)(A), operator has demonstrated to the affected source (or portion thereof), (g)(4), (h) introductory text, (h)(1) Administrator, through the resulting in cessation of the emissions to introductory text, (h)(1)(ii)(B), (h)(1)(iv), Precompliance Report or a supplement which the monitoring applies. (h)(1)(vi) introductory text, (h)(1)(vi)(B), to the Precompliance Report, that the (6) With respect to new affected (h)(1)(vi)(C), (h)(2)(i), and (h)(2)(iii); monitoring system would be damaged sources producing SAN using a batch b. Removing paragraph (d)(10); or destroyed if it were not shut down process, an excursion has occurred c. Removing and reserving paragraphs during the start-up, shutdown, or when the percent reduction calculated (c), (d)(4), (d)(5), and (e)(6)(iii)(C); and malfunction. The affected source shall using the procedures specified in d. Adding paragraphs (e)(4)(iv)(D), keep the start-up, shutdown, and § 63.1333(c) is less than 84 percent. For (e)(5)(ix) through (e)(5)(xi), malfunction plan on-site. Records each excursion, the owner or operator (e)(6)(iii)(D)(4), (e)(6)(xii), (e)(7)(iii), associated with the plan shall be kept as shall be deemed out of compliance with (e)(7)(iv), and (h)(1)(vi)(D), to read as specified in paragraphs (b)(1)(i)(A) the provisions of this subpart, except as follows: through (b)(1)(i)(C) of this section. provided in paragraph (g) of this Reports related to the plan shall be § 63.1335 General recordkeeping and submitted as specified in paragraph section. The periods listed in reporting provisions. (b)(1)(ii) of this section. paragraphs (f)(6)(i) through (f)(6)(v) of (a) Data retention. Unless otherwise this section are not considered to be part (i) Records of start-up, shutdown, and specified in this subpart, the owner or malfunction. The owner or operator of the period of control or recovery operator of an affected source shall keep device operation for purposes of shall keep the records specified in copies of all applicable records and paragraphs (b)(1)(i)(A) through determining the percent reduction. reports required by this subpart for at (i) Monitoring system breakdowns, (b)(1)(i)(C) of this section. least 5 years, as specified in paragraph (A) Records of the occurrence and repairs, calibration checks, and zero (a)(1) of this section, with the exception duration of each start-up, shutdown, (low-level) and high-level adjustments; listed in paragraph (a)(2) of this section. and malfunction of operation of process (ii) Start-ups; (1) All applicable records shall be equipment or control devices or (iii) Shutdowns; maintained in such a manner that they recovery devices or continuous (iv) Malfunctions; or can be readily accessed. The most recent monitoring systems used to comply (v) Periods of non-operation of the 6 months of records shall be retained on with this subpart during which excess affected source (or portion thereof), site or shall be accessible from a central emissions (as defined in § 63.1310(j)(4)) resulting in cessation of the emissions to location by computer or other means occur. which the monitoring applies. that provides access within 2 hours after (B) For each start-up, shutdown, or (7) With respect to continuous process a request. The remaining 4 and one-half malfunction during which excess vents complying with the mass years of records may be retained offsite. emissions (as defined in § 63.1310(j)(4)) emissions per mass product requirement Records may be maintained in hard occur, records reflecting whether the specified in § 63.1315(b)(2), an copy or computer-readable form procedures specified in the affected excursion has occurred when the mass including, but not limited to, on paper, source’s start-up, shutdown, and emission rate calculated as specified in microfilm, computer, floppy disk, malfunction plan were followed, and § 63.1333(b) exceeds the mass emissions magnetic tape, or microfiche. documentation of actions taken that are per mass product requirement specified (2) If an owner or operator submits not consistent with the plan. For in § 63.1315(b)(2). For each excursion, copies of reports to the appropriate EPA example, if a start-up, shutdown, and the owner or operator shall be deemed Regional Office, the owner or operator is malfunction plan includes procedures out of compliance with the provisions of not required to maintain copies of for routing a control device to a backup this subpart, except as provided in reports. If the EPA Regional Office has control device, records shall be kept of paragraph (g) of this section. waived the requirement of whether the plan was followed. These * * * * * § 63.10(a)(4)(ii) for submittal of copies of records may take the form of a 53. Section 63.1335 is amended by: reports, the owner or operator is not ‘‘checklist,’’ or other form of a. Revising paragraphs (a), (b)(1), required to maintain copies of those recordkeeping that confirms (b)(2), (d) introductory text, (d)(2), reports. conformance with the start-up (d)(3), (d)(6), (d)(7), (d)(8), (d)(9), (e) (b) * * * shutdown, and malfunction plan for the introductory text, (e)(1), (e)(2), (e)(3), (1) Start-up, shutdown, and event. (e)(4) introductory text, (e)(4)(i), (e)(4)(ii) malfunction plan. The owner or (C) Records specified in paragraphs introductory text, (e)(4)(ii)(B), operator of an affected source shall (b)(1)(i)(A) through (b)(1)(i)(B) of this (e)(4)(ii)(D), (e)(4)(ii)(F)(2), develop and implement a written start- section are not required if they pertain (e)(4)(ii)(F)(4), (e)(4)(ii)(F)(5), up, shutdown, and malfunction plan as solely to Group 2 emission points that (e)(4)(ii)(H)(2), (e)(4)(ii)(J)(2), specified in § 63.6(e)(3). This plan shall are not included in an emissions (e)(4)(ii)(L)(2), (e)(4)(ii)(N), (e)(4)(iii), describe, in detail, procedures for average. (e)(4)(iv), (e)(4)(iv)(A) introductory text, operating and maintaining the affected (ii) Reports of start-up, shutdown, and (e)(4)(iv)(B) introductory text, source during periods of start-up, malfunction. For the purposes of this

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00133 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11692 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules subpart, the semiannual start-up, paragraphs (d)(6) and (d)(7) of this instructions or that are specified in shutdown, and malfunction reports section. other written procedures that provide shall be submitted on the same schedule (i) The daily average value or batch adequate assurance that the equipment as the Periodic Reports required under cycle daily average shall be calculated would reasonably be expected to paragraph (e)(6) of this section instead as the average of all parameter values monitor accurately. of being submitted on the schedule recorded during the operating day, (9) The owner or operator of an specified in § 63.10(d)(5)(i). Said reports except as specified in paragraph (d)(7) affected source granted a waiver under shall include the information specified of this section. For batch process vents, § 63.10(f) shall maintain the in paragraphs (b)(1)(i)(A) through as specified in § 63.1326(e)(2)(i), only information, if any, specified by the (b)(1)(i)(B) of this section and shall parameter values measured during those Administrator as a condition of the contain the name, title, and signature of batch emission episodes, or portions waiver of recordkeeping or reporting the owner or operator or other thereof, in the batch cycle that the requirements. responsible official who is certifying its owner or operator has chosen to control (e) Reporting and notification. In accuracy. shall be used to calculate the average. addition to the reports and notifications (2) Application for approval of The calculated average shall cover a 24- required by subpart A of this part as construction or reconstruction. For new hour period if operation is continuous, specified in Table 1 of this subpart, the affected sources, each owner or operator or the number of hours of operation per owner or operator of an affected source shall comply with the provisions in operating day if operation is not shall prepare and submit the reports § 63.5 regarding construction and continuous. listed in paragraphs (e)(3) through (e)(8) reconstruction, excluding the provisions (ii) The operating day shall be the of this section, as applicable. All reports specified in § 63.5(d)(1)(ii)(H), (d)(1)(iii), period the owner or operator specifies required by this subpart, and the (d)(2), and (d)(3)(ii). in the operating permit or the schedule for their submittal, are listed (c) [Reserved.] Notification of Compliance Status for in Table 9 of this subpart. (d) Recordkeeping and purposes of determining daily average (1) Owners and operators shall not be documentation. Owners or operators values or batch cycle daily average in violation of the reporting required to keep continuous records values of monitored parameters. requirements of this subpart for failing shall keep records as specified in (4) [Reserved.] to submit information required to be paragraphs (d)(1) through (d)(7) of this (5) [Reserved.] included in a specified report if the section, unless an alternative (6) Records required when all owner or operator meets the recordkeeping system has been recorded values are within the requirements in paragraphs (e)(1)(i) requested and approved as specified in established limits. If all recorded values through (e)(1)(iii) of this section. paragraph (g) of this section, and except for a monitored parameter during an Examples of circumstances where this as provided in paragraph (h) of this operating day are above the minimum paragraph may apply include section. If a monitoring plan for storage level or below the maximum level information related to newly-added vessels pursuant to § 63.1314(a)(9) established in the Notification of equipment or emission points, changes requires continuous records, the Compliance Status or operating permit, in the process, changes in equipment monitoring plan shall specify which the owner or operator may record that required or utilized for compliance with provisions, if any, of paragraphs (d)(1) all values were above the minimum the requirements of this subpart, or through (d)(7) of this section apply. As level or below the maximum level rather changes in methods or equipment for described in § 63.1314(a)(9), certain than calculating and recording a daily monitoring, recordkeeping, or reporting. storage vessels are not required to keep average (or batch cycle daily average) for (i) The information was not known in continuous records as specified in this that operating day. time for inclusion in the report specified paragraph. Owners and operators of (7) Monitoring data recorded during by this subpart; (ii) The owner or operator has been such storage vessels shall keep records periods identified in paragraphs (d)(7)(i) diligent in obtaining the information; as specified in the monitoring plan through (d)(7)(v) of this section shall not and required by § 63.1314(a)(9). Paragraphs be included in any average computed under this subpart. Records shall be (iii) The owner or operator submits a (d)(8) and (d)(9) of this section specify report according to the provisions of documentation requirements. kept of the times and durations of all such periods and any other periods paragraphs (e)(1)(iii)(A) through * * * * * during process or control device or (e)(1)(iii)(C) of this section. (2) The owner or operator shall record recovery device operation when (A) If this subpart expressly provides either each measured data value or monitors are not operating. for supplements to the report in which block average values for 1 hour or (i) Monitoring system breakdowns, the information is required, the owner shorter periods calculated from all repairs, calibration checks, and zero or operator shall submit the information measured data values during each (low-level) and high-level adjustments; as a supplement to that report. The period. If values are measured more (ii) Start-ups; information shall be submitted no later frequently than once per minute, a (iii) Shutdowns; than 60 days after it is obtained, unless single value for each minute may be (iv) Malfunctions; otherwise specified in this subpart. used to calculate the hourly (or shorter (v) Periods of non-operation of the (B) If this subpart does not expressly period) block average instead of all affected source (or portion thereof), provide for supplements, but the owner measured values. Owners or operators resulting in cessation of the emissions to or operator must submit a request for of batch process vents shall record each which the monitoring applies. revision of an operating permit pursuant measured data value. (8) For continuous monitoring to part 70 or part 71, due to (3) Daily average (or batch cycle daily systems used to comply with this circumstances to which the information average) values of each continuously subpart, records documenting the pertains, the owner or operator shall monitored parameter shall be calculated completion of calibration checks, and submit the information with the request for each operating day as specified in records documenting the maintenance for revision to the operating permit. paragraphs (d)(3)(i) through (d)(3)(ii) of of continuous monitoring systems that (C) In any case not addressed by this section, except as specified in are specified in the manufacturer’s paragraph (e)(1)(iii)(A) or (e)(1)(iii)(B) of

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If acceptable to different parameter than those specified shutdown, or malfunction, into the both the Administrator and the owner or in this subpart or in subpart G of this start-up, shutdown, and malfunction operator of an affected source, reports part. plan. may be submitted on electronic media. (iv) If the affected source seeks to (ix) Supplements to the (3) Precompliance Report. Owners or comply using alternative continuous Precompliance Report may be submitted operators of affected sources requesting monitoring and recordkeeping as as specified in paragraphs (e)(3)(ix)(A) an extension for compliance; requesting specified in paragraph (g) of this or (e)(3)(ix)(B) of this section. Unless the approval to use alternative monitoring section, the owner or operator shall Administrator objects to a request parameters, alternative continuous submit a request for approval in the submitted in a supplement to the monitoring and recordkeeping, or Precompliance Report. Precompliance Report within 45 days alternative controls; requesting approval (v) The owner or operator shall report after its receipt, the request shall be to use engineering assessment to the intent to use alternative controls to deemed approved. estimate emissions from a batch comply with the provisions of this (A) Supplements to the emissions episode, as described in subpart in the Precompliance Report. Precompliance Report may be submitted § 63.1323(b)(6)(i)(C); wishing to The Administrator may deem to clarify or modify information establish parameter monitoring levels alternative controls to be equivalent to previously submitted. according to the procedures contained the controls required by the standard, (B) Supplements to the Precompliance in § 63.1334(c) or (d); or requesting under the procedures outlined in Report may be submitted to request approval to incorporate a provision for § 63.6(g). approval to use alternative monitoring ceasing to collect monitoring data, (vi) If a request for approval to use parameters, as specified in paragraph during a start-up, shutdown, or engineering assessment to estimate (e)(3)(iii) of this section; to use malfunction, into the start-up, emissions from a batch emissions alternative continuous monitoring and shutdown, and malfunction plan, when episode, as described in recordkeeping, as specified in paragraph that monitoring equipment would be § 63.1323(b)(6)(i)(C) is being made, the (e)(3)(iv) of this section; to use damaged if it did not cease to collect information required by alternative controls, as specified in monitoring data, as permitted under § 63.1323(b)(6)(ii)(B) shall be submitted paragraph (e)(3)(v) of this section; to use § 63.1310(j)(3), shall submit a in the Precompliance Report. engineering assessment to estimate Precompliance Report according to the (vii) If an owner or operator emissions from a batch emissions schedule described in paragraph (e)(3)(i) establishes parameter monitoring levels episode, as specified in paragraph of this section. The Precompliance according to the procedures contained (e)(3)(vi) of this section; to establish Report shall contain the information in § 63.1334(c) or (d), the following parameter monitoring levels according specified in paragraphs (e)(3)(ii) through information shall be submitted in the to the procedures contained in (e)(3)(viii) of this section, as Precompliance Report: § 63.1334(c) or (d), as specified in appropriate. (A) Identification of which procedures paragraph (e)(3)(vii) of this section; or to (i) Submittal dates. The (i.e., § 63.1334(c) or (d)) are to be used; include a provision for ceasing to collect Precompliance Report shall be and monitoring data during a start-up, submitted to the Administrator no later (B) A description of how the shutdown, or malfunction, in the start- than 12 months prior to the compliance parameter monitoring level is to be up, shutdown, and malfunction plan, date. Unless the Administrator objects established. If the procedures in when that monitoring equipment would to a request submitted in the § 63.1334(c) are to be used, a description be damaged if it did not cease to collect Precompliance Report within 45 days of how performance test data will be monitoring data, as specified in after its receipt, the request shall be used shall be included. paragraph (e)(3)(viii) of this section. deemed approved. For new affected (viii) If the owner or operator is (4) Emissions Averaging Plan. For all sources, the Precompliance Report shall requesting approval to incorporate a existing affected sources using be submitted to the Administrator with provision for ceasing to collect emissions averaging, an Emissions the application for approval of monitoring data, during a start-up, Averaging Plan shall be submitted for construction or reconstruction required shutdown, or malfunction, into the approval according to the schedule and in paragraph (b)(2) of this section. start-up, shutdown, and malfunction procedures described in paragraph Supplements to the Precompliance plan, when that monitoring equipment (e)(4)(i) of this section. The Emissions Report may be submitted as specified in would be damaged if it did not cease to Averaging Plan shall contain the paragraph (e)(3)(ix) of this section. collect monitoring data, the information information specified in paragraph (ii) A request for an extension for specified in paragraphs (e)(3)(viii)(A) (e)(4)(ii) of this section, unless the compliance, as specified in § 63.1311(e), and (B) shall be supplied in the information required in paragraph may be submitted in the Precompliance Precompliance Report or in a (e)(4)(ii) of this section is submitted Report. The request for a compliance supplement to the Precompliance with an operating permit application. extension shall include the data Report. The Administrator shall An owner or operator of an affected outlined in § 63.6(i)(6)(i)(A), (B), and evaluate the supporting documentation source who submits an operating permit (D), as required in § 63.1311(e)(1). and shall approve the request only if, in application instead of an Emissions (iii) The alternative monitoring the Administrator’s judgment, the Averaging Plan shall submit the parameter information required in specific monitoring equipment would information specified in paragraph (e)(8)

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00135 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11694 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules of this section. In addition, a operating conditions. Changes to these (N) The required information shall supplement to the Emissions Averaging parameters shall be reported as required include documentation of the data Plan, as required under paragraph by paragraph (e)(4)(iv) of this section. required by § 63.1332(k). The (e)(4)(iii) of this section, is to be * * * * * documentation shall demonstrate that submitted whenever additional (4) The required documentation shall the emissions from the emission points alternative controls or operating include the anticipated nominal proposed to be included in the average scenarios may be used to comply with efficiency if a control technology will not result in greater hazard or, at this subpart. Updates to the Emissions achieving a greater percent emission the option of the Administrator, greater Averaging Plan shall be submitted in reduction than the efficiency of the risk to human health or the environment accordance with paragraph (e)(4)(iv) of reference control technology is or will than if the emission points were not this section. be applied to the emission point. The included in an emissions average. (i) Submittal and approval. The procedures in § 63.1332(i) shall be (iii) Supplement to Emissions Emissions Averaging Plan shall be followed to apply for a nominal Averaging Plan. The owner or operator submitted no later than 18 months prior efficiency, and the report specified in required to prepare an Emissions to the compliance date, and it is subject paragraph (e)(7)(ii) of this section shall Averaging Plan under paragraph (e)(4) to Administrator approval. The be submitted with the Emissions of this section shall also prepare a Administrator shall determine within Averaging Plan as specified in supplement to the Emissions Averaging 120 days whether the Emissions paragraph (e)(7)(ii)(A) of this section. Plan for any additional alternative Averaging Plan submitted presents (5) The required documentation shall controls or operating scenarios that may sufficient information. The include the monitoring plan specified in be used to achieve compliance. Administrator shall either approve the § 63.122(b), to include the information (iv) Updates to Emissions Averaging Emissions Averaging Plan, request specified in § 63.120(d)(2)(i) and in Plan. The owner or operator of an changes, or request that the owner or either § 63.120(d)(2)(ii) or (d)(2)(iii) for affected source required to submit an operator submit additional information. each storage vessel controlled with a Emissions Averaging Plan under Once the Administrator receives closed-vent system using a control paragraph (e)(4) of this section shall also sufficient information, the device other than a flare. submit written updates of the Emissions Administrator shall approve, * * * * * Averaging Plan to the Administrator for disapprove, or request changes to the (H) * * * approval under the circumstances plan within 120 days. described in paragraphs (e)(4)(iv)(A) (ii) Information required. The (2) The required documentation shall include the estimated values of all through (e)(4)(iv)(C) of this section Emissions Averaging Plan shall contain unless the relevant information has been the information listed in paragraphs parameters needed for input to the emission debit and credit calculations included and submitted in an operating (e)(4)(ii)(A) through (e)(4)(ii)(N) of this permit application or amendment. section for all emission points included in § 63.1332(g) and (h). These parameter (A) The owner or operator who plans in an emissions average. values shall be specified in the affected source’s Emissions Averaging Plan (or to make a change listed in either * * * * * operating permit) as enforceable paragraph (e)(4)(iv)(A)(1) or (B) The required information shall operating conditions. Changes to these (e)(4)(iv)(A)(2) of this section shall include the projected emission debits parameters shall be reported as required submit an Emissions Averaging Plan and credits for each emission point and by paragraph (e)(4)(iv) of this section. update at least 120 days prior to making the sum for the emission points the change. involved in the average calculated * * * * * according to § 63.1332. The projected (J) * * * * * * * * credits shall be greater than or equal to (2) The required documentation shall (B) The owner or operator who has the projected debits, as required under include the estimated values of all made a change as defined in paragraph § 63.1332(e)(3). parameters needed for input to the (e)(4)(iv)(B)(1) or (e)(4)(iv)(B)(2) of this section shall submit an Emissions * * * * * emission debit and credit calculations (D) The required information shall in § 63.1332(g) and (h). These parameter Averaging Plan update within 90 days include the specific identification of values shall be specified in the affected after the information regarding the each emission point affected by a source’s Emissions Averaging Plan (or change is known to the affected source. pollution prevention measure. To be operating permit) as enforceable The update may be submitted in the considered a pollution prevention operating conditions. Changes to these next quarterly periodic report if the measure, the criteria in § 63.1332(j)(1) parameters shall be reported as required change is made after the date the shall be met. If the same pollution by paragraph (e)(4)(iv) of this section. Notification of Compliance Status is prevention measure reduces or * * * * * due. eliminates emissions from multiple (L) * * * * * * * * emission points in the average, the (2) The required documentation shall (C) The owner or operator who plans owner or operator shall identify each of include the estimated values of all to make a change listed in either these emission points. parameters needed for input to the paragraph (e)(4)(iv)(A)(1) or * * * * * wastewater emission credit and debit (e)(4)(iv)(A)(2) of this section shall (F) * * * calculations in § 63.1332(g) and (h). submit an Emissions Averaging Plan (2) The required documentation shall These parameter values shall be update at least 120 days prior to making include the estimated values of all specified in the affected source’s the change. parameters needed for input to the Emissions Averaging Plan (or operating (D) The Administrator shall approve emission debit and credit calculations permit) as enforceable operating or request changes to the Emissions in § 63.1332(g) and (h). These parameter conditions. Changes to these parameters Averaging Plan update within 120 days values shall be specified in the affected shall be reported as required by of receipt of sufficient information source’s Emissions Averaging Plan (or paragraph (e)(4)(iv) of this section. regarding the change for emission points operating permit) as enforceable * * * * * included in emissions averages.

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(5) Notification of Compliance Status. § 63.1324 for batch process vents and (x) An owner or operator who For existing and new affected sources, a aggregate batch vent streams, § 63.143(f) transfers a Group 1 wastewater stream Notification of Compliance Status shall for process wastewater, § 63.1332(m) for or residual removed from a Group 1 be submitted. For equipment leaks emission points in emissions averages, wastewater stream for treatment subject to § 63.1331, the owner or paragraph (e)(8) of this section, or pursuant to § 63.132(g) shall include in operator shall submit the information paragraph (f) of this section, the the Notification of Compliance Status required in § 63.182(c) in the Notification of Compliance Status shall the name and location of the transferee Notification of Compliance Status contain the information specified in and a description of the Group 1 within 150 days after the first applicable paragraphs (e)(5)(ii)(A) through wastewater stream or residual sent to compliance date for equipment leaks in (e)(5)(ii)(D) of this section, unless this the treatment facility. the affected source, and an update shall information has been established and (xi) An owner or operator complying be provided in the first Periodic Report provided in the operating permit with paragraph (h)(1) of this section that is due at least 150 days after each application. Further, as described in shall notify the Administrator of the subsequent applicable compliance date § 63.1314(a)(9), for those storage vessels election to comply with paragraph (h)(1) for equipment leaks in the affected for which the monitoring plan required of this section as part of the Notification source. For all other emission points, by § 63.1314(a)(9) specifies compliance of Compliance Status or as part of the including heat exchange systems, the with the provisions of § 63.1334, the appropriate Periodic Report as specified Notification of Compliance Status shall owner or operator shall provide the in paragraph (e)(6)(ix) of this section. contain the information listed in information specified in paragraphs (6) Periodic Reports. For existing and paragraphs (e)(5)(i) through (e)(5)(xi) of (e)(5)(ii)(A) through (e)(5)(ii)(D) of this new affected sources, the owner or this section, as applicable, and shall be section for each monitored parameter, operator shall submit Periodic Reports submitted no later than 150 days after unless this information has been as specified in paragraphs (e)(6)(i) the compliance dates specified in this established and provided in the through (e)(6)(xi) of this section. In subpart. operating permit application. For those addition, for equipment leaks subject to (i) The results of any emission point storage vessels for which the monitoring § 63.1331, the owner or operator shall group determinations, process section plan required by § 63.1314(a)(9) does submit the information specified in applicability determinations, not require compliance with the § 63.182(d) under the conditions listed performance tests, inspections, provisions of § 63.1334, the owner or in § 63.182(d), and for heat exchange continuous monitoring system operator shall provide the information systems subject to § 63.1328, the owner performance evaluations, any other specified in § 63.120(d)(3) as part of the or operator shall submit the information information used to demonstrate Notification of Compliance Status, specified in § 63.104(f)(2) as part of the Periodic Report required by this compliance, values of monitored unless this information has been paragraph (e)(6). Section 63.1334 shall parameters established during established and provided in the govern the use of monitoring data to performance tests, and any other operating permit application. information required to be included in determine compliance for Group 1 the Notification of Compliance Status * * * * * emissions points and for Group 1 and under §§ 63.1311(l), 63.122, and 63.1314 (iv) The determination of applicability Group 2 emission points included in for storage vessels, § 63.117 for for flexible operation units as specified emissions averages with the following continuous process vents, § 63.146 for in § 63.1310(f). exception: As discussed in process wastewater, §§ 63.1316 through * * * * * § 63.1314(a)(9), for storage vessels to 63.1320 for continuous process vents (vi) The results for each predominant which the provisions of § 63.1334 do subject to § 63.1316, § 63.1327 for batch use determination made under not apply, as specified in the monitoring process vents, § 63.1329 for process § 63.1310(g), for storage vessels assigned plan required by § 63.120(d)(2), the contact cooling towers, and § 63.1332 to an affected source subject to this owner or operator is required to comply for emission points included in an subpart. with the requirements set out in the emissions average. In addition, the (vii) The results for each predominant monitoring plan, and monitoring owner or operator of an affected source use determination made under records may be used to determine shall comply with paragraph (e)(5)(i)(A) § 63.1310(h), for recovery operations compliance. and (e)(5)(i)(B) of this section. equipment assigned to an affected (i) Except as specified in paragraphs (A) For performance tests, group source subject to this subpart. (e)(6)(xi) and (e)(6)(xii) of this section, a determinations, and process section (viii) For owners or operators of report containing the information in applicability determinations that are Group 2 batch process vents paragraph (e)(6)(ii) of this section or based on measurements, the establishing a batch mass input containing the information in Notification of Compliance Status shall limitation as specified in § 63.1325(g), paragraphs (e)(6)(iii) through (e)(6)(x) of include one complete test report, as the affected source’s operating year for this section, as appropriate, shall be described in paragraph (e)(5)(i)(B) of purposes of determining compliance submitted semiannually no later than 60 this section, for each test method used with the batch mass input limitation. days after the end of each 6-month for a particular kind of emission point. (ix) If any emission point is subject to period. The first report shall be For additional tests performed for the this subpart and to other standards as submitted no later than 240 days after same kind of emission point using the specified in § 63.1311, and if the the date the Notification of Compliance same method, the results and any other provisions of § 63.1311 allow the owner Status is due and shall cover the 6- information, from the test report, that is or operator to choose which testing, month period beginning on the date the requested on a case-by-case basis by the monitoring, reporting, and Notification of Compliance Status is Administrator shall be submitted, but a recordkeeping provisions will be due. complete test report is not required. followed, then the Notification of (ii) If none of the compliance (ii) For each monitored parameter for Compliance Status shall indicate which exceptions specified in paragraphs which a maximum or minimum level is rule’s requirements will be followed for (e)(6)(iii) through (e)(6)(ix) of this required to be established under testing, monitoring, reporting, and section occurred during the 6-month § 63.114(e) for continuous process vents, recordkeeping. period, the Periodic Report required by

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This includes a change in cycle daily average) values of monitored § 63.1334(f). For excursions caused by primary product from one thermoplastic parameters for excursions as defined in lack of monitoring data, the start-time product to either another thermoplastic § 63.1334(f); and duration of periods when product or to a non-thermoplastic (6) For excursions caused by lack of monitoring data were not collected shall product. monitoring data, the duration of periods be specified. (vii) The results for each change made when monitoring data were not (C) [Reserved.] to a predominant use determination collected shall be specified; and (D) The information in paragraphs made under § 63.1310(g) for a storage (7) Any other information the affected (e)(6)(iii)(D)(1) through (e)(6)(iii)(D)(4) of vessel that is assigned to an affected source is required to report under the this section, as applicable: source subject to this subpart after the operating permit or Emissions * * * * * change. Averaging Plan for the affected source. (C) Every fourth quarterly report shall (2) Notification if a process change is (viii) The Periodic Report shall include the following: made such that the group status of any include the results for each change (1) A demonstration that annual emission point changes from Group 2 to made to a predominant use credits are greater than or equal to Group 1. The owner or operator is not determination made under § 63.1310(h) annual debits as required by required to submit a notification of a for recovery operations equipment § 63.1332(e)(3); and process change if that process change assigned to an affected source subject to (2) A certification of compliance with caused the group status of an emission this subpart after the change. all the emissions averaging provisions point to change from Group 1 to Group (ix) An owner or operator complying in § 63.1332. 2. However, until the owner or operator with paragraph (h)(1) of this section (xii) The owner or operator of an notifies the Administrator that the group shall notify the Administrator of the affected source shall submit quarterly status of an emission point has changed election to comply with paragraph (h)(1) reports for particular emission points from Group 1 to Group 2, the owner or of this section as part of the Periodic and process sections not included in an operator is required to continue to Report or as part of the Notification of emissions average as specified in comply with the Group 1 requirements Compliance Status as specified in paragraphs (e)(6)(xii)(A) through for that emission point. This notification paragraph (e)(5)(xi) of this section. (e)(6)(xii)(D) of this section. may be submitted at any time. (x) An owner or operator electing not (A) The owner or operator of an (3) Notification if one or more to retain daily average or batch cycle affected source shall submit quarterly emission point(s) (other than equipment daily average values under paragraph reports for a period of 1 year for an leaks) or one or more TPPU is added to (h)(2) of this section shall notify the emission point or process section that is an affected source. The owner or Administrator as specified in paragraph not included in an emissions average if: operator shall submit the information (h)(2)(i) of this section. (1) A control or recovery device for a contained in paragraphs (xi) The owner or operator of an particular emission point or process (e)(6)(iii)(D)(3)(i) through affected source shall submit quarterly section has more excursions, as defined (e)(6)(iii)(D)(3)(ii) of this section: reports for all emission points included in § 63.1334(f), than the number of (i) A description of the addition to the in an emissions average as specified in excused excursions allowed under affected source; and paragraphs (e)(6)(xi)(A) through § 63.1334(g) for a semiannual reporting (ii) Notification of the group status of (e)(6)(xi)(C) of this section. period; or the additional emission point or all (A) The quarterly reports shall be (2) The Administrator requests that emission points in the TPPU. submitted no later than 60 days after the the owner or operator submit quarterly (4) For process wastewater streams end of each quarter. The first report reports for the emission point or process sent for treatment pursuant to shall be submitted with the Notification section. § 63.132(g), reports of changes in the of Compliance Status no later than 150 (B) The quarterly reports shall include identity of the treatment facility or days after the compliance date. all information specified in paragraphs transferee. (B) The quarterly reports shall include (e)(6)(iii) through (e)(6)(ix) of this * * * * * the information specified in paragraphs section applicable to the emission point (iv) For each batch process vent with (e)(6)(xi)(B)(1) through (e)(6)(xi)(B)(7) of or process section for which quarterly a batch mass input limitation, every this section for all emission points reporting is required under paragraph second Periodic Report shall include the included in an emissions average. (e)(6)(xii)(A) of this section. Information mass of HAP or material input to the (1) The credits and debits calculated applicable to other emission points batch unit operation during the 12- each month during the quarter; within the affected source shall be month period covered by the preceding (2) A demonstration that debits submitted in the semiannual reports and current Periodic Reports, and a calculated for the quarter are not more required under paragraph (e)(6)(i) of this statement of whether the batch process than 1.30 times the credits calculated section.

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(C) Quarterly reports shall be (ii) All the emission points in an information specified in paragraphs submitted no later than 60 days after the affected source designated as a new (f)(1) through (f)(3) of this section in the end of each quarter. affected source under § 63.1310(i)(2)(i). Precompliance Report, as required by (D) After quarterly reports have been (iii) All the added or created emission paragraph (e)(3) of this section. The submitted for an emission point for 1 points as described in § 63.1310(i)(2)(ii). owner or operator shall retain for a year without more excursions occurring (4) If the owner or operator wishes to period of 5 years each record required (during that year) than the number of request approval to use alternative by paragraphs (f)(1) through (f)(3) of this excused excursions allowed under monitoring parameters, alternative section. § 63.1334(g), the owner or operator may continuous monitoring or * * * * * return to semiannual reporting for the recordkeeping, alternative controls, (3) The required information shall emission point or process section. engineering assessment to estimate include a description of the proposed (7) Other reports. Other reports shall emissions from a batch emissions monitoring, recordkeeping, and be submitted as specified in paragraphs episode, or wishes to establish reporting system, to include the (e)(7)(i) through (e)(7)(iv) of this section. parameter monitoring levels according frequency and content of monitoring, to the procedures contained in § 63.1334 * * * * * recordkeeping, and reporting. Further, (c) or (d), a Precompliance Report shall the rationale for the proposed (ii) For owners or operators of affected be submitted in accordance with sources required to request approval for monitoring, recordkeeping, and paragraph (e)(7)(iv)(B) of this section. reporting system shall be included if a nominal control efficiency for use in (B) Reports shall be submitted as calculating credits for an emissions either condition in paragraph (f)(3)(i) or specified in paragraphs (e)(7)(iv)(B)(1) (f)(3)(ii) of this section is met: average, the information specified in through (e)(7)(iv)(B)(3) of this section, as * * * * * § 63.1332(i) shall be submitted as appropriate. (g) Alternative continuous monitoring specified in paragraph (e)(7)(ii) (A) or (1) Owners or operators of an added and recordkeeping. An owner or (B) of this section, as appropriate. TPPU subject to § 63.1310(i)(1) shall operator choosing not to implement the (A) If use of a nominal control submit a report no later than 180 days provisions listed in § 63.1315 or efficiency is part of the initial Emissions prior to the compliance date for the § 63.1317, as appropriate, for Averaging Plan described in paragraph TPPU. (e)(4)(ii) of this section, the information (2) Owners or operators of an affected continuous process vents, § 63.1321 for in paragraph (e)(7)(ii) of this section source designated as a new affected batch process vents and aggregate batch shall be submitted with the Emissions source under § 63.1310(i)(2)(i) shall vent streams, or § 63.1330 for process Averaging Plan. submit a report no later than 180 days wastewater, may instead request (B) If an owner or operator elects to prior to the compliance date for the approval to use alternative continuous use a nominal control efficiency after affected source. monitoring and recordkeeping submittal of the initial Emissions (3) Owners or operators of any provisions according to the procedures Averaging Plan as described in emission point (other than equipment specified in paragraphs (g)(1) through paragraph (e)(4)(ii) of this section, the leak components subject to § 63.1331) (g)(4) of this section. Requests shall be information in paragraph (e)(7)(ii) of subject to § 63.1310(i)(2)(ii) shall submit submitted in the Precompliance Report this section shall be submitted at the a report no later than 180 days prior to as specified in paragraph (e)(3)(iv) of discretion of the owner or operator. the compliance date for those emission this section, if not already included in the operating permit application, and (iii) When the conditions of points. shall contain the information specified § 63.1310(f)(3)(i) or § 63.1310(f)(4)(i) are (8) Operating permit application. An in paragraphs (g)(2)(ii) and (g)(3)(ii) of met, reports of changes to the primary owner or operator who submits an this section, as applicable. product for a TPPU or process unit as operating permit application instead of required by § 63.1310(f)(3)(ii) or an Emissions Averaging Plan or a * * * * * (f)(4)(ii), respectively, shall be Precompliance Report shall include the (3) An owner or operator may request submitted. following information with the approval to use an automated data compression recording system that does (iv) Owners or operators of TPPU or operating permit application: not record monitored operating emission points (other than equipment (i) The information specified in parameter values at a set frequency, but leak components subject to § 63.1331) paragraph (e)(4) of this section for records all values that meet set criteria that are subject to § 63.1310(i)(1) or (i)(2) points included in an emissions for variation from previously recorded shall submit a report as specified in average; and (ii) The information specified in values, in accordance with paragraphs paragraphs (e)(7)(iv) (A) and (B) of this paragraph (e)(3) of this section, (g)(3)(i) and (g)(3)(ii) of this section. section. Precompliance Report, as applicable. (i) * * * (A) Reports shall include: (f) Alternative monitoring parameters. (A) Measure the operating parameter (1) A description of the process The owner or operator who has been value at least once during every 15 change or addition, as appropriate; directed by any section of this subpart minute period; (2) The planned start-up date and the or any section of another subpart * * * * * appropriate compliance date, according referenced by this subpart, that (4) An owner or operator may request to § 63.1310(i) (1) or (2); and expressly referenced this paragraph (f) approval to use other alternative (3) Identification of the group status of to set unique monitoring parameters, or monitoring systems according to the emission points (except equipment leak who requests approval to monitor a procedures specified in § 63.8(f)(4). components subject to § 63.1331) different parameter than those specified (h) Reduced recordkeeping program. specified in paragraphs (e)(7)(iv)(A)(3)(i) in § 63.1314 for storage vessels, For any parameter with respect to any through (e)(7)(iv)(A)(3)(iii) of this § 63.1315 or § 63.1317, as appropriate, item of equipment, the owner or section, as applicable. for continuous process vents, § 63.1321 operator may implement the (i) All the emission points in the for batch process vents and aggregate recordkeeping requirements specified in added TPPU as described in batch vent streams, or § 63.1330 for paragraph (h)(1) or (h)(2) of this section § 63.1310(i)(1). process wastewater shall submit the as alternatives to the continuous

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00139 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 11698 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Proposed Rules operating parameter monitoring and reaches a set point that is appropriately operator shall retain all superseded recordkeeping provisions that would related to the established limit for the descriptions for at least 5 years after the otherwise apply under this subpart. The parameter that is being monitored. date of their creation. Superseded owner or operator shall retain for a * * * * * descriptions shall be retained on-site (or period of 5 years each record required (vi) The owner or operator shall retain accessible from a central location by by paragraph (h)(1) or (h)(2) of this the records identified in paragraphs computer or other means that provides section, except as otherwise provided in (h)(1)(vi)(A) through (h)(1)(vi)(D) of this access within 2 hours after a request) for paragraph (h)(1)(vi)(D) of this section. section. at least 6 months after their creation. (1) The owner or operator may retain * * * * * Thereafter, superseded descriptions may only the daily average (or batch cycle (B) A description of the applicable be stored off-site. daily average) value, and is not required monitoring system(s), and of how (2) * * * to retain more frequent monitored compliance will be achieved with each (i) If the owner or operator elects not operating parameter values, for a requirement of paragraphs (h)(1)(i) to retain the daily average (or batch monitored parameter with respect to an through (h)(1)(v) of this section. The cycle daily average) values, the owner or item of equipment, if the requirements description shall identify the location operator shall notify the Administrator of paragraphs (h)(1)(i) through (h)(1)(vi) and format (e.g., on-line storage, log in the next Periodic Report as specified of this section are met. An owner or entries) for each required record. If the in paragraph (e)(6)(x) of this section. operator electing to comply with the description changes, the owner or The notification shall identify the requirements of paragraph (h)(1) of this operator shall retain both the current parameter and unit of equipment. section shall notify the Administrator in and the most recent superseded * * * * * the Notification of Compliance Status as description, as provided in paragraph (iii) The owner or operator shall retain specified in paragraph (e)(5)(xi) of this (a) of this section, except as provided in the records specified in paragraphs section or, if the Notification of paragraph (h)(1)(vi)(D) of this section. Compliance Status has already been (C) A description, and the date, of any (h)(1)(i) through (h)(1)(iii) of this submitted, in the Periodic Report change to the monitoring system that section, for the duration specified in immediately preceding implementation would reasonably be expected to impair paragraph (h) of this section. For any of the requirements of paragraph (h)(1) its ability to comply with the calendar week, if compliance with of this section as specified in paragraph requirements of paragraph (h)(1) of this paragraphs (h)(1)(i) through (h)(1)(iv) of (e)(6)(ix) of this section. section. this section does not result in retention * * * * * (D) Owners and operators subject to of a record of at least one occurrence or (ii) * * * paragraph (h)(1)(vi)(B) of this section measured parameter value, the owner or (B) The running average is based on shall retain the current description of operator shall record and retain at least at least six 1-hour average values; and the monitoring system as long as the one parameter value during a period of * * * * * description is current. The current operation other than a start-up, (iv) The monitoring system will alert description shall, at all times, be shutdown, or malfunction. the owner or operator by an alarm or retained on-site or be accessible from a * * * * * other means, if the running average central location by computer or other 54. Revising Tables 1, 2, 6, 7, and 8, parameter value calculated under means that provides access within 2 and adding Table 9 to Subpart JJJ of Part paragraph (h)(1)(ii) of this section hours after a request. The owner or 63, to read as follows:

TABLE 1 TO SUBPART JJJ OF PART 63.ÐAPPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJ AFFECTED SOURCES

Applies to sub- Reference part JJJ Comment

63.1(a)(1) ...... Yes ...... § 63.1312 specifies definitions in addition to or that supersede definitions in § 63.2. 63.1(a)(2) ...... Yes. 63.1(a)(3) ...... Yes ...... § 63.1311(g) through (l) and § 63.160(b) identify those standards which may apply in addition to the requirements of subparts JJJ and H of this part, and specify how compliance shall be achieved. 63.1(a)(4) ...... Yes ...... Subpart JJJ (this table) specifies the applicability of each paragraph in subpart A to subpart JJJ. 63.1(a)(5) ...... No ...... [Reserved.] 63.1(a)(6)±63.1(a)(8) ...... Yes. 63.1(a)(9) ...... No ...... [Reserved.] 63.1(a)(10) ...... Yes. 63.1(a)(11) ...... Yes. 63.1(a)(12)±63.1(a)(14) ...... Yes. 63.1(b)(1) ...... No ...... § 63.1310(a) contains specific applicability criteria. 63.1(b)(2) ...... Yes. 63.1(b)(3) ...... No ...... § 63.1310(b) provides documentation requirements for TPPUs not considered af- fected sources. 63.1(c)(1) ...... Yes ...... Subpart JJJ (this table) specifies the applicability of each paragraph in subpart A to subpart JJJ. 63.1(c)(2) ...... No ...... Area sources are not subject to subpart JJJ. 63.1(c)(3) ...... No ...... [Reserved.] 63.1(c)(4) ...... Yes. 63.1(c)(5) ...... Yes ...... Except that affected sources are not required to submit notifications that are not required by subpart U. 63.1(d) ...... No ...... [Reserved.]

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TABLE 1 TO SUBPART JJJ OF PART 63.ÐAPPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJ AFFECTED SOURCESÐContinued

Applies to sub- Reference part JJJ Comment

63.1(e) ...... Yes. 63.2 ...... Yes ...... § 63.1312 specifies those subpart A definitions that apply to subpart JJJ. 63.3 ...... Yes. 63.4(a)(1)±63.4(a)(3) ...... Yes. 63.4(a)(4) ...... No ...... [Reserved.] 63.4(a)(5) ...... Yes. 63.4(b) ...... Yes. 63.4(c) ...... Yes. 63.5(a)(1) ...... Yes ...... Except the terms ``source'' and ``stationary source'' should be interpreted as hav- ing the same meaning as ``affected source.'' 63.5(a)(2) ...... Yes. 63.5(b)(1) ...... Yes ...... Except § 63.1310(i) defines when construction or reconstruction is subject to new source standards. 63.5(b)(2) ...... No ...... [Reserved.] 63.5(b)(3) ...... Yes. 63.5(b)(4) ...... Yes ...... Except that the Initial Notification and § 63.9(b) requirements do not apply. 63.5(b)(5) ...... Yes. 63.5(b)(6) ...... Yes ...... Except that § 63.1310(i) defines when construction or reconstruction is subject to new source standards. 63.5(c) ...... No ...... [Reserved.] 63.5(d)(1)(i) ...... Yes ...... Except that the references to the Initial Notification and § 63.9(b)(5) do not apply. 63.5(d)(1)(ii) ...... Yes ...... Except that § 63.5(d)(1)(ii)(H) does not apply. 63.5(d)(1)(iii) ...... No ...... §§ 63.1335(e)(5) and 63.1331(a)(4) specify Notification of Compliance Status re- quirements. 63.5(d)(2) ...... No. 63.5(d)(3) ...... Yes ...... Except § 63.5(d)(3)(ii) does not apply, and equipment leaks subject to § 63.1331 are exempt. 63.5(d)(4) ...... Yes. 63.5(e) ...... Yes. 63.5(f)(1) ...... Yes. 63.5(f)(2) ...... Yes ...... Except that where § 63.9(b)(2) is referred to, the owner or operator need not comply. 63.6(a) ...... Yes. 63.6(b)(1) ...... Yes. 63.6(b)(2) ...... Yes. 63.6(b)(3) ...... Yes. 63.6(b)(4) ...... Yes. 63.6(b)(5) ...... Yes. 63.6(b)(6) ...... No ...... [Reserved.] 63.6(b)(7) ...... No. 63.6(c)(1) ...... Yes ...... Except that § 63.1311 specifies the compliance date. 63.6(c)(2) ...... No. 63.6(c)(3) ...... No ...... [Reserved.] 63.6(c)(4) ...... No ...... [Reserved.] 63.6(c)(5) ...... Yes. 63.6(d) ...... No ...... [Reserved.] 63.6(e) ...... Yes ...... Except as otherwise specified for individual paragraphs, and § 63.6(e) does not apply to Group 2 emission points, unless they are included in an emissions av- erage.a 63.6(e)(1)(i) ...... No ...... This is addressed by § 63.1310(j)(4). 63.6(e)(1)(ii) ...... Yes. 63.6(e)(1)(iii) ...... Yes. 63.6(e)(2) ...... Yes. 63.6(e)(3)(i) ...... Yes ...... For equipment leaks (subject to § 63.1331), the start-up, shutdown, and malfunc- tion plan requirement of § 63.6(e)(3)(i) is limited to control devices and is op- tional for other equipment. The start-up, shutdown, malfunction plan may in- clude written procedures that identify conditions that justify a delay of repair. 63.6(e)(3)(i)(A) ...... No ...... This is addressed by § 63.1310(j)(4). 63.6(e)(3)(i)(B) ...... Yes. 63.6(e)(3)(i)(C) ...... Yes. 63.6(e)(3)(ii) ...... Yes. 63.6(e)(3)(iii) ...... No ...... Recordkeeping and reporting are specified in § 63.1335(b)(1). 63.6(e)(3)(iv) ...... No ...... Recordkeeping and reporting are specified in § 63.1335(b)(1). 63.6(e)(3)(v) ...... Yes. 63.6(e)(3)(vi) ...... Yes. 63.6(e)(3)(vii) ...... Yes. 63.6(e)(3)(vii)(A) ...... Yes. 63.6(e)(3)(vii)(B) ...... Yes ...... Except the plan shall provide for operation in compliance with § 63.1310(j)(4). 63.6(e)(3)(vii)(C) ...... Yes. 63.6(e)(3)(viii) ...... Yes.

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TABLE 1 TO SUBPART JJJ OF PART 63.ÐAPPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJ AFFECTED SOURCESÐContinued

Applies to sub- Reference part JJJ Comment

63.6(f)(1) ...... Yes. 63.6(f)(2) ...... Yes ...... Except § 63.7(c), as referred to in § 63.6(f)(2)(iii)(D), does not apply, and except that § 63.6(f)(2)(ii) does not apply to equipment leaks subject to § 63.1331. 63.6(f)(3) ...... Yes. 63.6(g) ...... Yes. 63.6(h) ...... No ...... Subpart JJJ does not require opacity and visible emission standards. 63.6(i)(1) ...... Yes. 63.6(i)(2) ...... Yes. 63.6(i)(3) ...... Yes. 63.6(i)(4)(i)(A) ...... Yes. 63.6(i)(4)(i)(B) ...... No ...... Dates are specified in § 63.1311(e) and § 63.1335(e)(3)(i). 63.6(i)(4)(ii) ...... No. 63.6(i)(5)±(14) ...... Yes. 63.6(i)(15) ...... No ...... [Reserved.] 63.6(i)(16) ...... Yes. 63.6(j) ...... Yes. 63.7(a)(1) ...... Yes. 63.7(a)(2) ...... No ...... § 63.1335(e)(5) specifies the submittal dates of performance test results for all emission points except equipment leaks; for equipment leaks, compliance demonstration results are reported in the Periodic Reports. 63.7(a)(3) ...... Yes. 63.7(b) ...... No ...... § 63.1333(a)(4) specifies notification requirements. 63.7(c) ...... No. 63.7(d) ...... Yes. 63.7(e)(1) ...... Yes ...... Except that all performance tests shall be conducted at maximum representative operating conditions achievable at the time without disruption of operations or damage to equipment. 63.7(e)(2) ...... Yes. 63.7(e)(3) ...... No ...... Subpart JJJ specifies requirements. 63.7(e)(4) ...... Yes. 63.7(f) ...... Yes ...... Except that § 63.144(b)(5)(iii)(A) and (B) shall apply for process wastewater. Also, because a site specific test plan is not required, the notification deadline in § 63.7(f)(2)(i) shall be 60 days prior to the performance test, and in § 63.7(f)(3), approval or disapproval of the alternative test method shall not be tied to the site specific test plan. 63.7(g) Yes ...... Except that the requirements in § 63.1335(e)(5) apply instead of references to the Notification of Compliance Status report in § 63.9(h). In addition, equipment leaks subject to § 63.1331 are not required to conduct performance tests. 63.7(h) ...... Yes ...... Except § 63.7(h)(4)(ii) is not applicable, because the site-specific test plans in § 63.7(c)(2) are not required. 63.8(a)(1) ...... Yes. 63.8(a)(2) ...... No. 63.8(a)(3) ...... No ...... [Reserved.] 63.8(a)(4) ...... Yes. 63.8(b)(1) ...... Yes. 63.8(b)(2) ...... No ...... Subpart JJJ specifies locations to conduct monitoring. 63.8(b)(3) ...... Yes. 63.8(c)(1) ...... Yes. 63.8(c)(1)(i) ...... Yes. 63.8(c)(1)(ii) ...... No ...... For all emission points except equipment leaks, comply with § 63.1335(b)(1)(i)(B); for equipment leaks, comply with § 63.181(g)(2)(iii). 63.8(c)(1)(iii) ...... Yes. 63.8(c)(2) ...... Yes. 63.8(c)(3) ...... Yes. 63.8(c)(4) ...... No ...... § 63.1334 specifies monitoring frequency; not applicable to equipment leaks be- cause § 63.1331 does not require continuous monitoring systems. 63.8(c)(5)±63.8(c)(8) ...... No. 63.8(d) ...... No. 63.8(e) ...... No. 63.8(f)(1)±63.8(f)(3) ...... Yes. 63.8(f)(4)(i) ...... No ...... Timeframe for submitting request is specified in § 63.1335(f) or (g); not applicable to equipment leaks because § 63.1331 (through reference to subpart H) speci- fies acceptable alternative methods. 63.8(f)(4)(ii) ...... No ...... Contents of request are specified in § 63.1335(f) or (g). 63.8(f)(4)(iii) ...... No. 63.8(f)(5)(i) ...... Yes. 63.8(f)(5)(ii) ...... No. 63.8(f)(5)(iii) ...... Yes. 63.8(f)(6) ...... No ...... Subpart JJJ does not require continuous emission monitors.

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TABLE 1 TO SUBPART JJJ OF PART 63.ÐAPPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJ AFFECTED SOURCESÐContinued

Applies to sub- Reference part JJJ Comment

63.8(g) ...... No ...... Data reduction procedures specified in § 63.1335 (d) and (h); not applicable to equipment leaks. 63.9(a) ...... Yes. 63.9(b) ...... No ...... Subpart JJJ does not require an initial notification. 63.9(c) ...... Yes. 63.9(d) ...... Yes. 63.9(e) ...... No ...... § 63.1333(a)(4) specifies notification deadline. 63.9(f) ...... No ...... Subpart JJJ does not require opacity and visible emission standards. 63.9(g) ...... No. 63.9(h) ...... No ...... § 63.1335(e)(5) specifies Notification of Compliance Status requirements. 63.9(i) ...... Yes. 63.9(j) ...... No. 63.10(a) ...... Yes. 63.10(b)(1) ...... No ...... § 63.1335(a) specifies record retention requirements. 63.10(b)(2) ...... No ...... Subpart JJJ specifies recordkeeping requirements. 63.10(b)(3) ...... No ...... § 63.1310(b) requires documentation of sources that are not affected sources. 63.10(c) ...... No ...... § 63.1335 specifies recordkeeping requirements. 63.10(d)(1) ...... Yes. 63.10(d)(2) ...... No ...... § 63.1335(e) specifies performance test reporting requirements; not applicable to equipment leaks. 63.10(d)(3) ...... No ...... Subpart JJJ does not require opacity and visible emission standards. 63.10(d)(4) ...... Yes. 63.10(d)(5) ...... Yes ...... Except that reports required by § 63.10(d)(5)(i) and/or § 63.10(d)(5)(ii) may be submitted at the same time as Periodic Reports specified in § 63.1335(e)(6). The start-up, shutdown, and malfunction plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission points unless they are included in an emissions average. 63.10(e) ...... No ...... § 63.1335 specifies reporting requirements. 63.10(f) ...... Yes. 63.11 ...... Yes ...... Except that instead of § 63.11(b), § 63.1333(e) shall apply. 63.12 ...... Yes ...... Except that the authority of § 63.1332(i) and the authority of § 63.177 (for equip- ment leaks) shall not be delegated to States. 63.13Ð63.15 ...... Yes. a The plan, and any records or reports of start-up, shutdown, and malfunction do not apply to Group 2 emission points unless they are included in an emissions average.

TABLE 2 TO SUBPART JJJ OF PART 63.ÐGROUP 1 STORAGE VESSELS AT EXISTING AFFECTED SOURCES

Vessel capacity Vapor pressure a (cubic meters) (kilopascals)

75 ≤ capacity < 151 ...... ≥ 13.1 151 ≤ capacity ...... ≥ 5.2 a Maximum true vapor pressure of total organic HAP at storage temperature.

* * * * *

TABLE 6 TO SUBPART JJJ OF PART 63.ÐKNOWN ORGANIC HAP EMITTED FROM THE PRODUCTION OF THERMOPLASTIC PRODUCTS

Organic HAP/chemical name (CAS No.) Thermoplastic product/sub- 1,3 Buta- Ethylene Gly- category Acetaldehyde Acrylonitrile diene 1,4-Dioxane col Methanol Styrene (75±07±0) (107±13±1) (106±99±0) (123±91±1) (107±21±1) (67±56±1) (100±42±5)

ABS latex ...... √ √ √ ABS using a batch emulsion process ...... √ √ √ ABS using a batch suspension process ...... √ √ √ ABS using a continuous emul- sion process ...... √ √ √ ABS using a continuous mass process ...... √ √ √ ASA/AMSAN ...... √ √ √ EPS ......

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TABLE 6 TO SUBPART JJJ OF PART 63.ÐKNOWN ORGANIC HAP EMITTED FROM THE PRODUCTION OF THERMOPLASTIC PRODUCTSÐContinued

Organic HAP/chemical name (CAS No.) Thermoplastic product/sub- 1,3 Buta- Ethylene Gly- category Acetaldehyde Acrylonitrile diene 1,4-Dioxane col Methanol Styrene (75±07±0) (107±13±1) (106±99±0) (123±91±1) (107±21±1) (67±56±1) (100±42±5)

MABS ...... √ √ √ MBS ...... √ √ Nitrile resin ...... √ PET using a batch dimethyl terephthalate process ...... √ √ √ √ PET using a batch terephthalic acid process ...... √ √ √ PET using a continuous di- methyl terephthalate process √ √ √ √ PET using a continuous tereph- thalic acid process ...... √ √ √ PET using a continuous tereph- thalic acid high viscosity mul- tiple end finisher process ...... √ √ √ Polystyrene resin using a batch process ...... √ Polystyrene resin using a contin- uous process ...... √ SAN using a batch process ...... √ √ SAN using a continuous process √ √ CAS No. = Chemical Abstract Service Number ABS = Acrylonitrile butadiene styrene resin ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin EPS = expandable polystyrene resin MABS = methyl methacrylate acrylonitrile butadiene styrene resin PET = poly(ethylene terephthalate) resin SAN = styrene acrylonitrile resin MBS = methyl methacrylate butadiene styrene resin

TABLE 7 OF SUBPART JJJ OF PART 63.ÐGROUP 1 BATCH PROCESS VENTS AND AGGREGATE BATCH VENT STREAMSÐ MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS

Recordkeeping and reporting requirements for monitored Control device Parameters to be monitored parameters

Thermal Incinerator ...... Firebox temperature a ...... 1. Continuous records as specified in § 63.1326(e)(1).b 2. Record and report the average firebox temperature measured dur- ing the performance testÐNCS. c 3. Record the batch cycle daily average firebox temperature as spec- ified in § 63.1326(e)(2). 4. Report all batch cycle daily average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collectedÐ PR.d e Catalytic Incinerator ...... Temperature upstream and down- 1. Continuous records as specified in § 63.1326(e)(1). b stream of the catalyst bed. 2. Record and report the average upstream and downstream tem- peratures and the average temperature difference across the cata- lyst bed measured during the performance testÐNCS.c 3. Record the batch cycle daily average upstream temperature and temperature difference across catalyst bed as specified in § 63.1326(e)(2). 4. Report all batch cycle daily average upstream temperatures that are below the minimum upstream value established in the NCS or operating permitÐPR. d e 5. Report all batch cycle daily average temperature differences across the catalyst bed that are below the minimum difference. Boiler or Process Heater with a de- Firebox temperature a ...... 1. Continuous records as specified in § 63.1326(e)(1).b sign heat input capacity less than 2. Record and report the average firebox temperature measured dur- 44 megawatts and where the ing the performance testÐNCS.c batch process vents or aggregate 3. Record the batch cycle daily average firebox temperature as spec- batch vent streams are not intro- ified in § 63.1326(e)(2).d duced with or used as the primary 4. Report all batch cycle daily average temperatures that are below fuel. the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collectedÐ PR. d e

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TABLE 7 OF SUBPART JJJ OF PART 63.ÐGROUP 1 BATCH PROCESS VENTS AND AGGREGATE BATCH VENT STREAMSÐ MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTSÐContinued

Recordkeeping and reporting requirements for monitored Control device Parameters to be monitored parameters

Flare ...... Presence of a flame at the pilot 1. Hourly records of whether the monitor was continuously operating light. during batch emission episodes, or portions thereof, selected for control and whether a flame was continuously present at the pilot light during said periods. 2. Record and report the presence of a flame at the pilot light over the full period of the compliance determinationÐNCS. c 3. Record the times and durations of all periods during batch emis- sion episodes, or portions thereof, selected for control when all flames at the pilot light of a flare are absent or the monitor is not operating. 4. Report the times and durations of all periods during batch emis- sion episodes, or portions thereof, selected for control when all flames at the pilot light of a flare are absentÐPR.d Scrubber for halogenated batch pH of scrubber effluent, and ...... 1. Continuous records as specified in § 63.1326(e)(1). b process vents or aggregate batch 2. Record and report the average pH of the scrubber effluent meas- vent streams (Note: Controlled by ured during the performance testÐNCS. c a combustion device other than a 3. Record the batch cycle daily average pH of the scrubber effluent flare). as specified in § 63.1326(e)(2). 4. Report all batch cycle daily average pH values of the scrubber ef- fluent that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collectedÐPR.d e Scrubber liquid and gas flow rates 1. Records as specified in § 63.1326(e)(1). b [§ 63.1324(b)(4)(ii)]. 2. Record and report the scrubber liquid/gas ratio averaged over the full period of the performance testÐNCS. c 3. Record the batch cycle daily average scrubber liquid/gas ratio as specified in § 63.1326(e)(2). 4. Report all batch cycle daily average scrubber liquid/gas ratios that are below the minimum value established in the NCS or operating permit and all instances when monitoring data are not collectedÐ PR. d e Absorber f ...... Exit temperature of the absorbing 1. Continuous records as specified in § 63.1326(e)(1). b liquid, and. 2. Record and report the average exit temperature of the absorbing liquid measured during the performance testÐNCS. c 3. Record the batch cycle daily average exit temperature of the ab- sorbing liquid as specified in § 63.1326(e)(2) for each batch cycle. 4. Report all the batch cycle daily average exit temperatures of the absorbing liquid that are below the minimum operating value es- tablished in the NCS or operating permit and all instances when monitoring data are not collectedÐPR. d e Exit specific gravity for the absorb- 1. Continuous records as specified in § 63.1326(e)(1). b ing liquid. 2. Record and report the average exit specific gravity measured dur- ing the performance testÐNCS. c 3. Record the batch cycle daily average exit specific gravity as speci- fied in § 63.1326(e)(2). 4. Report all batch cycle daily average exit specific gravity values that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collectedÐPR.d e Condenser f ...... Exit (product side) temperature .... 1. Continuous records as specified in § 63.1326(e)(1).b 2. Record and report the average exit temperature measured during the performance testÐNCS.c 3. Record the batch cycle daily average exit temperature as speci- fied in § 63.1326(e)(2). 4. Report all batch cycle daily average exit temperatures that are above the maximum operating value established in the NCS or op- erating permit and all instances when monitoring data are not col- lectedÐPR.d e Carbon Adsorber f ...... Total regeneration steam flow or 1. Record the total regeneration steam flow or nitrogen flow, or pres- nitrogen flow, or pressure sure for each carbon bed regeneration cycle. (gauge or absolute) during car- 2. Record and report the total regeneration steam flow or nitrogen bon bed regeneration cycle(s), flow, or pressure during each carbon bed regeneration cycle and. measured during the performance testÐNCS.c 3. Report all carbon bed regeneration cycles when the total regen- eration steam flow or nitrogen flow, or pressure is above the maxi- mum value established in the NCS or operating permitÐPR.d e

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TABLE 7 OF SUBPART JJJ OF PART 63.ÐGROUP 1 BATCH PROCESS VENTS AND AGGREGATE BATCH VENT STREAMSÐ MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTSÐContinued

Recordkeeping and reporting requirements for monitored Control device Parameters to be monitored parameters

Temperature of the carbon bed 1. Record the temperature of the carbon bed after each regeneration after regeneration and within 15 and within 15 minutes of completing any cooling cycle(s). minutes of completing any cool- 2. Record and report the temperature of the carbon bed after each ing cycle(s). regeneration and within 15 minutes of completing any cooling cy- cles(s) measured during the performance testÐNCS.c 3. Report all carbon bed regeneration cycles when the temperature of the carbon bed after regeneration, or within 15 minutes of com- pleting any cooling cycle(s), is above the maximum value estab- lished in the NCS or operating permitÐPR.d e All Control Devices ...... Diversion to the atmosphere from 1. Hourly records of whether the flow indicator was operating during the control device or. batch emission episodes, or portions thereof, selected for control and whether a diversion was detected at any time during said peri- ods as specified in § 63.1326(e)(3). 2. Record and report the times of all periods during batch emission episodes, or portions thereof, selected for control when emissions are diverted through a bypass line or the flow indicator is not oper- atingÐPR.d Monthly inspections of sealed 1. Records that monthly inspections were performed as specified in valves. § 63.1326(e)(4)(i). 2. Record and report all monthly inspections that show the valves are in the diverting position or that a seal has been brokenÐPR.d Absorber, Condenser, and Carbon Concentration level or reading in- 1. Continuous records as specified in § 63.1326(e)(1).b Adsorber (as an alternative to the dicated by an organic monitor- 2. Record and report the average batch vent concentration level or requirements previously presented ing device at the outlet of the reading measured during the performance testÐNCS.c in this table). control device. 3. Record the batch cycle daily average concentration level or read- ing as specified in § 63.1326(e)(2). 4. Report all batch cycle daily average concentration levels or read- ings that are above the maximum value established in the NCS or operating permit and all instances when monitoring data are not collectedÐPR.d e

a Monitor may be installed in the firebox or in the ductwork immediately downstream of the firebox before any substantial heat exchange is en- countered. b ``Continuous records'' is defined in § 63.111. c NCS = Notification of Compliance Status described in § 63.1335(e)(5). d PR = Periodic Reports described in § 63.1335(e)(6). e The periodic reports shall include the duration of periods when monitoring data are not collected as specified in § 63.1335(e)(6)(iii)(C). f Alternatively, these devices may comply with the organic monitoring device provisions listed at the end of this table.

TABLE 8 TO SUBPART JJJ OF PART 63.ÐOPERATING PARAMETERS FOR WHICH LEVELS ARE REQUIRED TO BE ESTABLISHED FOR CONTINUOUS AND BATCH PROCESS VENTS AND AGGREGATE BATCH VENT STREAMS

Device Parameters to be monitored Established operating parameter(s)

Thermal incinerator ...... Firebox temperature ...... Minimum temperature. Catalytic incinerator ...... Temperature upstream and downstream of the catalyst bed .. Minimum upstream temperature; and mini- mum temperature difference across the cat- alyst bed. Boiler or process heater ...... Firebox temperature ...... Minimum temperature. Scrubber for halogenated vents pH of scrubber effluent; and scrubber liquid and gas flow Minimum pH; and minimum liquid/gas ratio. rates [§ 63.1324(b)(4)(ii)]. Absorber ...... Exit temperature of the absorbing liquid; and exit specific Maximum temperature; and maximum specific gravity of the absorbing liquid. gravity. Condenser ...... Exit temperature ...... Maximum temperature. Carbon adsorber ...... Total regeneration steam flow or nitrogen flow, or pressure Maximum flow or pressure; and maximum (gauge or absolute) a during carbon bed regeneration temperature. cycle; and temperature of the carbon bed after regenera- tion (and within 15 minutes of completing any cooling cycle(s)). Other devices (or as an alternate HAP concentration level or reading at outlet of device ...... Maximum HAP concentration or reading. to the requirements previously presented in this table) b.

a 25 to 50 mm (absolute) is a common pressure level obtained by pressure swing absorbers. b Concentration is measured instead of an operating parameter.

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TABLE 9 OF SUBPART JJJ OF PART 63.ÐROUTINE REPORTS REQUIRED BY THIS SUBPART

Reference Description of report Due date

§ 63.1335(b) and Subpart A ...... Refer to Table 1 and Subpart A ...... Refer to Subpart A. 63.1335(e)(3) ...... Precompliance Report a ...... Existing affected sourcesÐ12 months prior to the compliance date. New affected sourcesÐwith application for approval of construction or reconstruction. 63.1335(e)(4) ...... Emissions Averaging Plan ...... 18 months prior to the compliance date. 63.1335(e)(4)(iv) ...... Updates to Emissions Averaging Plan ...... 120 days prior to making the change necessitating the up- date. 63.1335(e)(5) ...... Notification of Compliance Status b ...... Within 150 days after the compliance date. 63.1335(e)(6) ...... Periodic Reports ...... Semiannually, no later than 60 days after the end of each 6- month period. See § 63.1335(e)(6)(i) for the due date for the first report. 63.1335(e)(6)(xi) ...... Quarterly reports for Emissions Averaging ..... No later than 60 days after the end of each quarter. First re- port is due with the Notification of Compliance Status. 63.1335(e)(6)(xii) ...... Quarterly reports upon request of the Admin- No later than 60 days after the end of each quarter. istrator. 63.1335(e)(7)(i) ...... Storage Vessels Notification of Inspection...... At least 30 days prior to the refilling of each storage vessel or the inspection of each storage vessel. 63.1335(e)(7)(ii) ...... Requests for Approval of a Nominal Control Initial submittal is due with the Emissions Averaging Plan Efficiency for Use in Emissions Averaging. specified in § 63.1335(e)(4)(ii); later submittals are made at the discretion of the owner or operator as specified in § 63.1335(e)(7)(ii)(B). 63.1335(e)(7)(iii) ...... Notification of Change in the Primary Product For Notification under § 63.1310(f)(3)(ii)Ðnotification submit- tal date at the discretion of the owner or operator.c For Notification under § 63.1310(f)(4)(ii)Ðwithin 6 months of making the determination. a There may be two versions of this report due at different times; one for equipment subject to § 63.1331 and one for other emission points subject to this subpart. b There will be two versions of this report due at different times; one for equipment subject to § 63.1331 and one for other emission points sub- ject to this subpart. c Note that the TPPU remains subject to this subpart until the notification under § 63.1310(f)(3)(i) is made.

[FR Doc. 99–3853 Filed 3–8–99; 8:45 am] BILLING CODE 6560±50±P

VerDate 03-MAR-99 20:55 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00147 Fmt 4701 Sfmt 4702 E:\FR\FM\09MRP3.XXX pfrm02 PsN: 09MRP3 eDt 3MR9 74 a 8 99Jt134 O000Fm001Ft41 ft41 :F\M0MR.X fm1PsN:09MRR3 pfrm01 E:\FR\FM\09MRR3.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 17:47Mar08, 1999 VerDate 03-MAR-99 federal register March 9,1999 Tuesday of theCorpsEngineers;FinalRule Establishment fortheRegulatoryProgram Administrative AppealProcess 33 CFRParts320,326,and331 Engineers Department oftheArmy,Corps Defense Department of Part IV 11707 11708 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations

DEPARTMENT OF DEFENSE On July 19, 1995, the Corps of rest of the program. Given this situation, Engineers published notice in the we believe that our efforts should be Department of the Army, Corps of Federal Register of a proposal to concentrated to the extent possible on Engineers establish an administrative appeal maintaining and improving the overall process for the regulatory program of the performance of the Corps regulatory 33 CFR Parts 320, 326, and 331 Corps of Engineers. The notice period program. Should additional resources expired on September 5, 1995. The become available at a later date, we will Final Rule Establishing an Corps has evaluated and addressed the consider expanding the appeal process Administrative Appeal Process for the issues raised in comments submitted in to include jurisdictional determinations Regulatory Program of the Corps of response to the proposed rule. and wetland delineations. Engineers Appropriate changes have been made to II. Comments on the Proposed Rule AGENCY: Army Corps of Engineers, DoD. clarify and enhance the administrative appeal process for permit denials and A. General ACTION: Final rule. declined permits published herein as a Comments received on the proposed Final Rule. In Fiscal Years 1995 to 1999 SUMMARY: On July 19, 1995, the Corps of rule can be summarized under several the President’s budgets have included Engineers published notice in the broad headings. They are: (1) The type money to implement an administrative Federal Register of a proposal to of actions reviewed and the extent of the appeal process for permit denials and establish an administrative appeal review; (2) The identity and authority of jurisdiction determinations. From FY 95 process for the regulatory program of the the review officer (RO); (3) The identity through FY 97 the Congressional Corps of Engineers, (33 CFR Parts 320– and rights of appellants; (4) appropriation for the Corps regulatory 331). The notice period expired on Enforcement-related issues; (5) program was held level at $101 million. September 5, 1995. The Corps has Suggested procedural changes and In FY 98 Congress appropriated $106 clarifications; and (6) General evaluated and addressed the issues million. This funding in FY 98 allowed raised in comments submitted in expressions of both opposition and the Corps to move toward finalizing support of an administrative appeal response to the proposed rule. regulations for administrative appeals of Appropriate changes have been made to process. The comments concerning each permit denials and declined permits. of these topics, including those that clarify and enhance the administrative Congress held the Corps regulatory appeal process for permit denials and pertain to the appeal of permit denials program budget level again in FY 99 at and the terms and conditions of declined permits published herein as a $106 million. The President’s Budget Final Rule. proffered individual permits, were request for FY 00 of $117 million carefully considered, and are addressed EFFECTIVE DATE: This rule becomes includes funds necessary to implement herein. Comments that pertain solely to effective on August 6, 1999. the appeals process for jurisdictional the appeal of jurisdictional FOR FURTHER INFORMATION CONTACT: Mr. determinations as well as the appeals determinations are not addressed in this Sam Collinson, Corps of Engineers process for permit denials that we are document. Consideration of those Regulatory Branch, (202) 761–0199. finalizing with this rule. Should comments will be addressed at such Congress provide the full request of SUPPLEMENTARY INFORMATION: time as the Corps may adopt an appeal $117 million in FY 00, we will proceed process for jurisdictional I. Background to implement the appeals process for determinations. jurisdictional determinations. Shortly after coming into office in The rule adopted herein provides for B. Discussion of Specific Comments 1993, the Clinton Administration the administrative appeal within the convened an interagency working group (1) Type of Actions Reviewed and Corps of a denial with prejudice by the Extent of Review to address concerns with Federal district engineer of a Department of the wetlands policy. After hearing from Army permit application, as well as the A number of comments were received States, tribes, developers, farmers, appeal of a declined proffered requesting that the appeal process be environmental interests, members of individual permit. Consistent with the expanded to include the assertion of Congress, and scientists, the working Plan and as explained below, third discretionary authority, issuance of group developed a comprehensive, 40- parties may participate in the appeal cease and desist orders, special point plan (the Plan) to enhance process. conditions, denial without prejudice of wetlands protection, while making This rule does not establish, at this a permit application, and delays in the wetlands regulations more fair, flexible, time, an appeal process for evaluation of a permit application. and effective for everyone, including jurisdictional determinations or wetland While we recognize the desire of America’s small landowners. The Plan delineations. We have carefully various individuals and interest groups was issued on August 24, 1993. It considered the issue, and have to expand the scope of the emphasizes improving Federal wetlands determined that given the resources administrative appeal process to cover policy through various means, including available to the Corps at this time, we all regulatory decisions that may impact streamlining wetlands permitting would be unable to administer an their respective interests, we have programs. One of several approaches appeal process for jurisdictional determined that there are several identified in the Plan for achieving such determinations and wetland reasons why it would not currently be streamlining was through the delineations in a timely manner without prudent to do so. First, some of the development by the Corps of an adversely affecting the overall decisions that were suggested should be administrative appeal process, to be performance of the Corps regulatory appealable are preliminary in nature. As implemented after public rulemaking. program. The employees dedicated to a result, there often is not an adequate The Plan provides that the process will these new tasks would have to be taken administrative record upon which to be designed to allow for administrative from the existing district staffs, with the base a meaningful review. For example, appeal of Section 404 geographic result that each district would have the assertion of discretionary authority jurisdictional determinations and fewer project managers to evaluate to require an individual permit for an permit denials. permit applications and administer the activity is often based upon preliminary

VerDate 03-MAR-99 17:47 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR3.XXX pfrm01 PsN: 09MRR3 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations 11709 indications that the potential adverse ensure that the authorized project will we have decided that the review effects of a particular project on the be constructed, operated and undertaken by the RO would be limited environment, or other aspects of the maintained in such way that it would to the existing administrative record; public interest, may be more than not cause significant degradation of the however, the RO may seek to clarify the minimal. In such cases, the individual aquatic environment, or be contrary to record through consultation with the permit process is needed to investigate the public interest; or to ensure appellant and his agent(s), the district the probable effect of the project on the compliance with legal requirements, engineer, other Federal and state agency public interest before making a final such as Section 401 State water quality personnel, or other parties, as described permit decision. In addition, the certification conditions, and the in 33 CFR 331.3 and 331.7. assertion of discretionary authority only Endangered Species Act. In the case Accepting new information about the addresses the form of authorization that where an applicant declines a proffered project during the appeal process would is being considered, and not whether individual permit because the applicant constitute a fundamental change of the the proposed activity will be authorized. objects to the terms and conditions of administrative record. Such new Second, we have limited resources to the permit, the appeal process would information might well have resulted in implement an administrative appeal proceed as follows. Should the a different permit decision had it been process, and we could easily find applicant object to the terms and presented to the district engineer during ourselves to be overwhelmed by the conditions of the individual permit, the the original permit evaluation process. It demand for administrative review of a applicant must write a letter to the is essential that new information be broad range of regulatory decisions. district engineer explaining his accepted only at the district level, so Given our FY 1998 appropriation from objections to the permit. The district that the district engineer’s decision will Congress, sufficient funds are available engineer, upon evaluation of the reflect an accurate and comprehensive to implement properly an applicant’s objections, may: (a) modify analysis of the data compiled in the administrative appeal process for the permit to address all of the administrative record. Furthermore, denied permits, and declined individual applicant’s objections, or (b) modify the allowing an applicant to withhold permits only. Third, we do not wish to permit to address some, but not all, of potentially critical information from the encourage permit applicants to enter the applicant’s objections, or (c) not district engineer might encourage into a formal administrative appeal modify the permit, having determined forum-shopping, if an applicant were to process without first utilizing the that the permit should be issued as believe that a more favorable decision informal review process already previously written. In the event that the might be obtained from the division available in Corps district offices. The district engineer agrees to modify the engineer than from the district engineer. informal district review process, proffered individual permit to address (2) The Identity and Authority of the generally based on additional all of the applicant’s objections, the Review Officer (RO) information or a new interpretation of district engineer will issue such a Comments were received regarding existing information, is the most timely modified permit. Should the district the appropriate person to serve as the and efficient means to resolve many engineer modify the proffered permit to RO, and the extent of the RO’s authority. issues, such as jurisdictional questions. address some, but not all, of the Most comments were concerned Accordingly, at this time, we are applicant’s objections, the district primarily with ensuring that the RO be limiting the administrative appeal engineer will send the applicant such a independent and impartial, that the process to denied permits, and to modified permit and the decision process be efficient, and that the RO proffered individual permits that have document for the project. If the district have the authority to change the original been declined by the applicant. engineer does not modify the proffered permit decision. Some commenters also Several of the comments received permit, the district engineer will offer recommended that the RO be authorized indicated that some parties believed that the unmodified permit to the applicant to change unilaterally a district the appeal process would allow an a second time. In all cases, the second engineer’s permit denial decision. applicant to appeal the terms and transmittal of the permit shall include a Suggestions were also received stating conditions of an individual permit, and notification of appeal (NAP) form and a that the administrative appeal process begin work in jurisdictional areas, while request for appeal (RFA) form (see should be conducted outside of the the appeal was under way. This definitions in 33 CFR 331.2). If the Corps of Engineers, e.g., by contracting interpretation of the appeal process is applicant subsequently declines any with private consultants, utilizing incorrect. Permit conditions are an modified or unmodified permit, this administrative law judges, or referring integral part of a permit, and cannot be declined permit may be appealed to the the appeals to another Federal agency. treated as independent actions. No division engineer upon submittal of a Several commenters expressed strong regulated activity would be allowed to completed RFA form. The completed support for retaining the appeal process begin in any jurisdictional waters of the RFA must be received by the division within the Corps, while other United States until the applicant has engineer within 60 days of the NAP. commenters expressed an equally strong accepted all the terms and conditions of There were several comments desire to transfer the appeal process to the proffered permit. In cases where an concerning the scope of the review an independent third party in order to individual permit has been accepted by process. Several commenters promote impartiality, to avoid the the applicant, and the terms and recommended that the review officer perception of bias, and to enhance the conditions of such permit are (RO) consider new information, credibility of the process. subsequently unilaterally modified by conducting, in effect, a new and We have given careful consideration the district engineer pursuant to 33 CFR independent review. Other commenters to whether the appeal process should be 325.7, the permit may be declined by indicated that new information should administered wholly within the Corps, the permittee and appealed under this be accepted only if it serves to clarify or whether it should be administered by process, as long as no regulated existing issues, and did not raise new an independent third party. While the activities have taken place in waters of issues that were not considered in the perception of agency bias is a serious the United States on the project site. Corps original evaluation of the permit concern, we believe that such Permit conditions are designed to application. After careful consideration, perceptions cannot be avoided

VerDate 03-MAR-99 17:47 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR3.XXX pfrm01 PsN: 09MRR3 11710 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations absolutely, and that the negative grant authority to the division engineer flexibility. It was suggested that we connotations are far outweighed by to unilaterally overturn the permit strike the wording, ‘‘shall not substitute having the appeal process managed by decision of the district engineer. their judgment for that of the Corps people who have the most experience Otherwise, it was argued, the best result district (when reviewing technical with the Corps of Engineers regulatory an appellant could hope for would be a issues) unless the reviewed decision program. Moving the appeal process new, time-consuming review by the was clearly erroneous or omitted a outside the agency, either to another same regulatory project manager who material fact,’’ and replace it with, Federal agency, or by contracting with made the original permit ‘‘shall provide a recommendation on the the private sector, even if a Corps recommendation to the district decision that is supported by clear and representative were part of the process, engineer. One commenter further stated convincing evidence.’’ We believe that would severely diminish the that such a process is inconsistent with under the original language, the RO has consistency and efficiency of the appeal the Corps own assertion that an sufficient flexibility under the review process, and would raise serious legal impartial, objective review requires the process; however, we have reworded questions. The Corps regulatory final permit decision be made at the that section to clarify the meaning. program is complex, and it is unlikely division rather than district level. A comment was received suggesting that individuals outside of the agency We believe that the commenters failed more involvement by Corps would have the perspective and long to appreciate the positive aspects of headquarters to assure the consistency experience with the program that would limiting the review to ensure that the of appealed decisions and to facilitate be needed to conduct a thorough, timely requisite procedural steps have been adjustments in policy, as may become review. Also, given the evolving nature followed, that no material facts have necessary. We agree that there is a need of the policies, laws, regulations and been overlooked or misinterpreted, and for Corps Headquarters to monitor the court decisions that have shaped the that the permit decision is consistent appeal process, especially during the Corps regulatory program, non-Corps with established policies and official period of initial implementation, but we review officers would have to be trained guidance. If the division engineer believe that routine, case-by-case and updated on a regular basis in order determines that the administrative involvement is neither warranted nor to stay abreast of the changes. We record is insufficient to support the practical. Corps Headquarters will believe that it would be difficult to decision, or that the decision is provide training to the review officers to provide this recurring training to inconsistent with a requirement of law, ensure understanding of the policy and individuals outside of the Corps. regulation, an Executive Order, or procedures, and to ensure consistency Furthermore, it would be imprudent officially-promulgated Corps policy or of the process. Corps Headquarters will and inappropriate to transfer the appeal guidance, the division engineer will also provide support on a case by case process to a third party, because the give specific instructions to the district basis in the evaluation of appealed Corps bears the statutory responsibility engineer regarding corrective actions actions, if requested by a division for full implementation of the regulatory that must be taken in reconsidering the engineer. program. Finally, it is noted that this permit decision. These instructions Permit decisions made by a division rule does not diminish the right of an would ensure that the district engineer’s engineer or higher authority may be appellant to seek redress through the subsequent decision would be based on appealed to an Army official at least one Federal courts if he receives an proper legal, factual, procedural, and level higher than the decision-maker. unfavorable decision from the Corps policy grounds. Remanding the decision This higher Army official shall make the upon completion of the administrative to the district engineer for corrective decision on the merits of the appeal, appeal process. action also affirms the principle that the and may appoint a qualified individual Simplification and lower program authority to make permit decisions rests to act as a review officer (as defined in costs were also offered as reasons for with the district engineer, who is the Section 331.2 of this Part). References to transferring the process to the private person ultimately responsible for the division engineer in this Part shall sector. We are not convinced that implementation of the regulatory be understood as also referring to contracting the work would be simpler program within his district. higher-level Army authority when that or less costly than administering the Furthermore, from a workload authority is conducting an process internally. Corps involvement management perspective, Corps district administrative appeal. in the appeal process would still be staff are better prepared than division Several commenters suggested that, necessary, particularly in the case where personnel to handle the day-to-day because of its unique organizational permit denial decisions were remanded requirements of the permit evaluation structure, appeals arising from decisions to the district engineer for process. In addition, an administrative in the New England Division (NED) reconsideration as the result of a appeal process that required a full office should be directed to Corps successful appeal. Further, contract public interest review would be more headquarters rather than the division management responsibilities would time consuming than a review of engineer. The Corps has recently remain with the Corps, and could specific issues, and would in many reorganized the division offices. The constitute a substantial administrative cases duplicate work already done at the former New England Division is now burden. district level. Also, if after conducting the New England District, and reports to Efficiency was also cited by several an appellate review, the division the North Atlantic Division office. The commenters in support of establishing engineer has reason to believe that the former New England Division is the appeal process as a single level of permit application should not be consequently like the other Corps review at the division level. We have referred back to the district engineer for districts, and there is no need to set up examined the issue, and agree that the a final decision, the permit application a separate appeal process structure for operational efficiency of the appeal may be elevated in accordance with 33 the New England regional office. process would be maximized by a one- CFR 325.8(b)(4), and the division level review of the existing engineer will make the permit decision. (3) The Identity and Rights of the administrative record. Another commenter suggested Appellant Several commenters expressed the modifying the third sentence of Section A number of commenters expressed view that the appeal process should 331.3(b)(2) to provide the RO more concerns that the proposed

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The supplementary language is subparagraph (v). process before seeking relief in the intended to make it clear that there is no This new provision would mandate Federal courts. third party involvement in the appeal that any party alleged to have engaged In response to the question regarding process itself. However, we have in an unauthorized activity, who files an who may pursue an appeal, the Corps provided for interested parties to be ATF permit application that the Corps has decided that, since the appeal involved in those cases where the processes, has thereby agreed to a process is limited at this time to the division engineer has determined that tolling of the Statute of Limitations, and, appeal of denied permits, and to the the administrative record supporting a in addition, must sign an agreement to appeal of declined individual permits, permit denial is inadequate, and has that effect. Such tolling agreement appellants are properly limited to those remanded the decision to the district would state that, in exchange for the parties who have had their permit engineer for further consideration. In Corps accepting the ATF permit applications denied, or to those parties such a case, any party who commented application and, if appropriate, proffered an individual permit by the during the original permit review considering the appeal of any ATF district engineer. Expanding the appeal process will be advised that the decision permit denial or declined individual rights to third parties would potentially is being reconsidered, and that they may permit, the party has agreed that the increase the number of appealable submit supplemental comments. If the Statute of Limitations would be tolled actions by an order of magnitude or noted deficiency in the administrative for one year after the final action has more. This would simply be record is serious enough to merit been taken on the ATF permit decision, unworkable. With regard to the scope of issuance of a new public notice, anyone or any succeeding administrative appeal participation by the appellant, we may submit comments. Under these of an ATF permit denial has been believe that the procedures outlined in circumstances, the public interest finalized, whichever is later. The tolling 33 CFR 331.6 and 331.7 adequately review is starting anew, and there is no period would terminate one year after a describe the scope of participation of requirement that interested parties must final decision on (1) the denial of an appellants and their agents. We have have participated in the original permit ATF permit application; or, (2) an also added a definition of the term review process. appeal of such a denial decision, ‘‘agent(s)’’ to 33 CFR 331.2. With regard whichever is later. The one year post- to the need to exhaust the (4) Enforcement-Related Issues decision period is necessary in the event administrative appeal process before One commenter suggested that under that the United States determines that it seeking relief in the Federal courts, we the proposed rule the after-the-fact would be appropriate to file an action in believe that the administrative appeal (ATF) permit process should more the Federal courts to obtain a process would serve to identify and appropriately be titled an after-the-fact satisfactory remedy for the unauthorized correct any procedural shortcomings of ‘‘enforcement’’ process. We believe that activity. the original permit evaluation process, the existing language properly identifies The tolling agreement would also and can lead to a resolution of problems that a permit application is being state that permit applicants will not without the added burden to both evaluated ‘‘after-the-fact’’ for an activity raise a Statute of Limitations defense in parties of an action in the Federal that has already occurred. It would be any subsequent enforcement action courts. Furthermore, requiring an inappropriate to use the term ‘‘after-the- brought by the United States, with appellant to exhaust the administrative fact enforcement’’ since a permit may be respect to the unauthorized activity for appeal process does not prevent the granted as a result of the ATF review the period of time in which the Statute appellant from seeking relief in the process. In certain cases involving of Limitations is tolled. A party will be Federal courts should the appellant not alleged unauthorized activities, the required to sign a separate tolling be satisfied with the outcome of the Corps will afford the responsible party agreement for each individual appeal. the opportunity to apply for an ATF unauthorized activity. In response to requests for permit. Once any initial corrective One commenter asked that the third clarification of who may attend site measures have been completed and the sentence in Section 331.11 be revised to investigations and appeal conferences to activity otherwise meets the criteria in read ‘‘* * * unless the Corps receives provide support and representation for 33 CFR 326.3(e), evaluating an ATF an ATF permit * * *’’ because the the appellant, the rule has been written permit application is an appropriate commenter felt the Corps could not to allow the appellant’s agent(s), as response to an unauthorized activity. If refuse a permit application. To the defined in 33 CFR 331.2, to participate an ATF permit is issued, such permit contrary, the Corps may refuse a permit in the process. The appellant’s agent(s) will alleviate adverse effects to the application when any one of four may participate in the appeal affected water of the United States situations exist as identified in 33 CFR conference and in any site through special conditions and/or 326.3(e)(1). For this reason, we believe investigations, as outlined in 33 CFR compensatory mitigation requirements. that the current language is appropriate. 331.7. The ATF process is one of several Another commenter recommended that Numerous comments were received administrative remedies available to the an appeal initiated in response to the regarding third party involvement in the Corps to resolve unauthorized activities. Corps actions on unauthorized activities administrative appeal process. A Several commenters responded to our should not be processed until resolution number of commenters favored limiting proposal to amend 33 CFR 326.3(e) to of the alleged violation. As noted third party involvement to the extent require a tolling agreement as a earlier, although protection of the provided for in the proposed rule. Other prerequisite to filing an administrative environment is one of the Corps primary commenters requested expansion of appeal of an adverse ATF permit goals, there are some circumstances third party involvement. It was evident decision. Several commenters where allowing an appeal to proceed from several comments that some recommended narrowing the scope of before an enforcement action is

VerDate 03-MAR-99 17:47 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR3.XXX pfrm01 PsN: 09MRR3 11712 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations concluded is appropriate. Accordingly, explanation serves as notice to every permit applicants that endorsement of a we are convinced that this decision appellant regarding ATF permit proffered individual permit indicates must remain subject to the discretion of applications that the time it takes for an acceptance of the permit in its entirety, the district engineer. appeal to be resolved by the Corps may and effects a waiver of the applicant’s Comments were received questioning be included in the calculation of right to appeal the terms and conditions the basis of the requirement that initial penalties for the unauthorized activities. of the permit. We acknowledge that the corrective measures must be completed wording of the preamble and the (5) Suggested Procedural Changes and before an appeal could be accepted. One proposed rule may not be clear enough. Clarifications for Specific Sections comment stated that this requirement Therefore, the wording of the final rule left an appellant little recourse; a result Section 331.3(a): One commenter has been modified to state clearly that that appeared to be contrary to the suggested including ‘‘prompt’’ with the acceptance of an individual permit purpose of these regulations. Another ‘‘fair, reasonable, and effective’’ in results in the waiver of an applicant’s believed that such a requirement was describing the administrative appeal right to appeal the terms and conditions premature because it presupposes that process to emphasize the Corps of the permit. This provision will also the appeal lacks merit. We disagree with commitment to timely action on be explained in the notification of both of these arguments. First, interim appeals. We agree that timely resolution applicant options (NAO) form attached corrective measures are those actions of appeals is vital to the success of this to the proffered individual permit sent which the district engineer believes to program, as is reflected by the inclusion to an applicant. be necessary to prevent serious jeopardy of time frames in the rule, and have Section 331.6: One commenter to life, property, or important public revised this section to include the word suggested that we change the rule so resources. We believe that when such a ‘‘prompt’. that the RFA must be filed within 60 situation exists, the district engineer Section 331.3(a)(2): One commenter days of the date that the applicant must act promptly to require initial suggested including the phrase ‘‘based receives the NAP, rather than within 60 corrective measures to ensure that any on the merits of the appeal’’ in the first days of the date of the NAP. We have unsafe or hazardous conditions are sentence. We agree with this suggestion, retained the wording of the proposed corrected. Second, a determination to and have clarified the first sentence of rule, because it allows the 60 day time require a corrective action does not 33 CFR 331.3(a)(2) to reflect this period to be measured from a clear and prejudice an appeal, since it does not suggestion. verifiable date, whereas the date of pass any judgment on the merits of the Section 331.4: Several commenters receipt by the applicant would be overall project; it is simply intended to noted that the proposed rule did not difficult to verify. eliminate or reduce unsafe conditions contain a list of items that must be One commenter suggested that it while the appeal is pending. Finally, the present in the administrative record that would be difficult for appellants to appellant always has the option of would be the subject of an provide their reasons for appealing a seeking relief from the Federal courts. administrative appeal. Because the permit denial within 60 days unless the The proposed rule, in Section administrative record for individual Corps provides a rationale for the permit 331.11(b), concerned the calculation of cases varies with the nature of each denial as part of the denial notification. potential penalties for unauthorized proposal, we do not believe it is In response to this request, the district activities. That provision stated that necessary to identify items that could be engineer will provide a copy of the ‘‘[A]ny penalty imposed, as determined in the administrative record. Each decision document with the NAP where in the appropriate forum by the administrative record typically contains the permit application has been denied. appropriate decision-maker, may also many common elements, such as a In response to one commenter who include in the calculation of penalty the determination of jurisdiction, the permit requested that permit decisions be made time period involving the appeal application and supplemental available to the public, permit decisions process.’’ This provision elicited information provided by the applicant, are currently available to the public comments stating that it was both the public notice and mailing list, under standard Freedom of Information ambiguous and potentially unlawful. comments received in response to the Act procedures. The Corps takes no position on the notice, NEPA documentation (e.g., Section 331.7(d): Several commenters legality of this provision. However, we environmental assessment) and suggested that the RO should be have omitted this provision for several statement of findings (or a combined required to notify the appellant a reasons. First, this particular provision decision document), 404(b)(1) minimum number of days prior to the was somewhat ambiguous in that it was Guidelines evaluation, and related date of the appeal conference to ensure not clear whether the time period of the documents and correspondence. that the appellant has sufficient time to appeal process could be used to increase One commenter suggested that the schedule and attend the meeting. We or decrease the penalties for last three proposed words of Section agree, and have incorporated a unauthorized activities. Second, the 331.4 be deleted. We have reworded the requirement into the rule that provides Corps realizes that it cannot dictate to paragraph in order to clarify that a that the appellant be given 15 days a Federal court that the time period for standard form for submission of a notification of the date of the appeal the appeal process must be included in Request For Appeal (RFA) will be conference (see 33 CFR 331.7(d)(1)). determining the penalty for provided to the potential appellant, One commenter suggested that it be unauthorized activities. A court must along with the Notification of Appeal made mandatory that complete independently weigh the facts of a Process (NAP) standard form. transcripts be prepared for all particular case in order to determine the Section 331.5: This section has been presentations and discussions occurring appropriate extent of penalties for that modified to clarify the criteria for during the appeal conference. We do not case. By omitting this language, the consideration of an appeal. agree with that suggestion, because we Corps is not waiving its right to argue Additionally, the criteria will be clearly believe that the cost of doing so would before a court that the time period for outlined in the RFA form sent to the be burdensome, and that requiring the appeal process should be included affected party with the NAP. transcripts would considerably delay in the calculation of the penalty for Section 331.5(b)(1): One commenter the appeal process. However, we have those unauthorized activities. This suggested that it may not be clear to required that the RO prepare a

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Depending result in future adjustments to ensure Section 331.7(e): One commenter on the issues raised in each remanded that costs of the appeal process are suggested that the RO be allowed to permit decision, there may be laws, minimized, and that the consistency, communicate with both the appellant regulations or other guidance that efficiency and timeliness of our and the Corps district during the appeal would require the re-opening of the decisions are maximized. process. Another commenter concurred public interest review process, III. Exhaustion of Administrative with our initial proposal to prohibit any including opportunity for comments Remedies conversations between the RO and the from the public and/or Federal and parties to the appeal, and also suggested State agencies. Therefore, we are neither In Darby v. Cisneros, 113 S.Ct. 2539 that the regulation should explicitly requiring nor prohibiting this practice, (1993), the Supreme Court recently held prohibit any conversations regarding the but are retaining the original wording that persons subject to Federal agency appeal between the RO and any third that makes this determination subject to regulation need not exhaust party. The final rule has been revised to the discretion of the district engineer. administrative remedies before filing a allow the RO to communicate with all One commenter suggested that the lawsuit in Federal district court, unless parties to the appeal, as well as outside rule be clarified regarding the 404(q) a statutory or regulatory provision sources. (See Sections 331.7(d) and elevation process. The administrative requires such exhaustion. In response to 331.3(b)(2).) We anticipate that the RO appeal regulation does not change any Darby v. Cisneros, the Corps is may need to question the appellant and authorities or requirements of Section including section 331.12 in this rule to the Corps district staff to clarify the 404(q) of the Clean Water Act. Currently make it explicit that persons dissatisfied administrative record, and may also the U.S. Army Corps of Engineers has with permit decisions must avail need to consult with technical experts, Memoranda of Agreement, under themselves of the administrative appeal Corps Headquarters staff, Corps Office Section 404(q), with EPA, FWS and process established in this rule, and of Counsel, or other ROs, if the appeal NMFS whereby policy issues and have received a final Corps decision on raises technical issues, questions of certain permit decisions can be elevated the merits of the appeal, prior to seeking national policy, interpretation of to higher headquarters for a decision. redress in the Federal courts. regulations, or legal or programmatic This regulation does not affect the IV. Application of Rule to Prior concerns. Section 404(q) MOA elevation process. Regulatory Decisions Section 331.8(b): Several commenters Specifically, policy issues can be raised suggested that a specific time period be at any time and the Corps will send Affected parties may appeal permit included for soliciting comments from Notice of Intent to Issue letters at the denial decisions and declined permits agencies and interested parties end of the appeal process for any permit where the permit denial or proffered following a determination by the decision that qualifies pursuant to the individual permit occurs after March 9, division engineer to remand the permit Section 404(q) MOAs. We have added a 1999. Such requests will be accepted for denial decision to the district engineer statement to the end of Section administrative appeal in accordance for reconsideration. Some commenters 331.10(b) to clarify that nothing in this with this regulation. Permit denials or suggested a minimum of 15 days for rule precludes the agencies’ authorities proffered permits that were transmitted opportunity to comment. We have pursuant to Section 404(q) of the Clean in writing to an affected party prior to provided additional information on time Water Act. the publication date of the final frames in this rule (see Section regulation will not be accepted under 331.10(b).) We have also clarified that (6) General Expressions of Opposition the appeal process. Additionally, if large where the reconsideration by the district and Support numbers of RFAs are received under engineer may involve substantial A number of comments were received this provision, an RO may delay the changes in the potential impacts of the related to the estimated costs of initiation of processing an RFA for up project, a new public notice will be administering the proposed to 6 months after the effective date of issued in accordance with the administrative appeal process. One these regulations, if necessary. provisions of 33 CFR Part 325. commenter indicated that our estimated One commenter asked whether the Some commenters suggested that costs were too low. Two commenters availability of an administrative appeal there be an absolute time limit of 30 to said that our estimated costs were too process would affect in-process 45 days for the district engineer to make high. Though the Corps has not had any litigation, initiated in response to a a final decision on a remanded permit experience with such a program, we permit denied with prejudice after the denial. We share the desire of the believe that our original cost estimates date of the publication of the final rule commenters for timely decisions; are reasonable. It is probable that, at the in the Federal Register. That is, would however, appealed permit denial cases start of the appeal process this rule render the case as not ripe for are likely to be controversial, and/or implementation period, there may be a judicial review. The appeal of permit may involve difficult issues that will greater number of appeals than we denials and declined individual permits require further agency coordination and anticipate. Consequently, the appeal will be accepted by the Corps starting public participation. Since we cannot process may be slower than desired due on today’s date. Therefore, applicants anticipate all such issues and to the workload. We anticipate that as must use the appeal process as of circumstances, we have elected not to the appeal process matures, appellants today’s date and exhaust such establish any deadlines for the will be less inclined to file appeals in administrative processes before seeking reconsideration of decisions remanded questionable or speculative cases, since relief in the Federal courts. to the district engineer. there will be an established record of Furthermore, in it’s discretion, the Section 331.10: Some commenters consistent regional and national United States may agree to a suspension recommended that the district engineer decisions, and ROs will have become of on-going litigation if the litigant not be required to re-open the public increasingly proficient in implementing wishes to seek relief through initiation

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An administrative appeal will not be used in these regulations are generic and applicant must exhaust any construed as a waiver of any right to should be considered as applying to both administrative appeal available resume litigation in the event that an male and female. pursuant to 33 CFR Part 331 and receive administrative remedy acceptable to the a final Corps decision on his permit applicant is not achieved. List of Subjects application prior to filing a lawsuit in the Federal courts based on a permit V. Environmental Documentation 33 CFR Part 320 Environmental protection, denial, or the terms and conditions of a We have determined that this action declined permit. does not constitute a major Federal Intergovernmental relations, Navigation, action significantly affecting the quality Water pollution control, Waterways. PART 326ÐENFORCEMENT of the human environment, because the 33 CFR Part 326 1. The authority citations for Part 326 Corps has prepared appropriate Investigations, Intergovernmental continue to read as follows: environmental documentation, relations, Law enforcement, Navigation, including an Environmental Impact Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. Water pollution control, Waterways. Statement (EIS) when required, for all 1344; 33 U.S.C. 1413. permit decisions. Therefore, 33 CFR Part 331 2. Section 326.3(e) is amended by environmental documentation under the Administrative appeal, Navigation, adding a new paragraph (e)(1)(v) to read National Environmental Policy Act Waterways, Environmental protection, as follows: (NEPA) is not required for this rule. Water pollution control. Moreover, this proposed regulation for § 326.3 Unauthorized Activities. administrative appeals only establishes Dated: March 3, 1999. * * * * * a one-level review for denied permits Joseph W. Westphal, (e) * * * and declined individual permits, as Assistant Secretary of the Army (Civil Works), (1) * * * needed to ensure that applicable Department of the Army. (v) No after-the-fact permit application will be accepted unless and regulations, policies, practices, and Comments regarding new levels of until the applicant has furnished a procedures (including the preparation of bureaucracy and the legality of the signed statute of limitations tolling appropriate environmental proposed rule were adequately agreement to the district engineer. A documentation) have been appropriately addressed in the preamble to the separate statute of limitations tolling followed. proposed rule. As noted in the preamble agreement will be prepared for each to this final rule, numerous substantive VI. Executive Order 12291 and the unauthorized activity. Any person who and procedural changes have been Regulatory Flexibility Act applies for an after-the-fact permit, adopted as a result of the comments where the application is accepted and The Corps does not believe that this received. Accordingly, 33 CFR Parts 320 processed by the Corps, thereby agrees final rule meets the definition of a major and 326 are hereby amended and 33 that the statute of limitations regarding rule under Executive Order 12291, and CFR Part 331 is added as follows: we therefore do not believe that a any violation associated with that regulatory impact analysis is required. PART 320ÐGENERAL REGULATORY application is tolled until one year after This final rule should reduce the burden POLICIES the final Corps decision, as defined at on the public by offering an 33 CFR 331.10. Moreover, the applicant administrative appeal process for 1. The authority citations for Part 320 for an after-the-fact permit must also certain Corps decisions, and, in some continue to read as follows: memorialize that agreement to toll the instances, should allow the applicant to Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. statute of limitations, by signing an avoid the more time-consuming and 1344; 33 U.S.C. 1413. agreement to that effect, in exchange for costly alternative of challenging a Corps 2. Section 320.1(a)(2) is amended by the Corps acceptance of the after-the- permit decision in the Federal courts. revising the final sentence to read as set fact permit application, and/or any We also do not believe that this final forth below. administrative appeal. Such agreement rule will have a significant impact on a will state that, in exchange for the Corps substantial number of small entities § 320.1 Purpose and Scope. acceptance of any after-the-fact permit pursuant to Section 605(b) of the (a) * * * application and/or any administrative Regulatory Flexibility Act of 1980, (2) * * * A district engineer’s appeal associated with the unauthorized because this final rule only creates an decision on a permit denial or a activity, the responsible party agrees optional review of certain decisions declined individual permit is subject to that the statute of limitations will be through an administrative appeal an administrative appeal by the affected tolled until one year after the final process. The final rule should be less party in accordance with the procedures Corps decision on the after-the-fact time consuming and less costly to and authorities contained in 33 CFR permit application or, if there is an permit applicants who want to appeal a Part 331. Such administrative appeal administrative appeal, one year after the decision with which they disagree, but must meet the criteria in 33 CFR 331.5; final Corps decision as defined at 33 currently can only seek to have the otherwise, no administrative appeal of CFR 331.10, whichever date is later. decision reviewed through the Federal that decision is allowed. The terms Part 331 is added to read as follows: courts. Furthermore, since the ‘‘permit denial’’ and ‘‘declined permit’’ administrative appeal would be optional are defined at 33 CFR 331.2. There shall PART 331ÐADMINISTRATIVE APPEAL at the applicant’s or landowner’s be no administrative appeal of any PROCESS discretion, we have minimized the issued individual permit that an Sec. potential of any increased regulatory applicant has accepted, unless the 331.1 Purpose and policy. burden on small entities. If an applicant authorized work has not started in 331.2 Definitions.

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331.3 Review officer. Appealable action means a permit condition of the RFA. A standard RFA 331.4 Notification of appealable actions. denial, or a declined individual permit, form will be provided to the affected 331.5 Criteria. as these terms are defined below. party with the NAP form. The affected 331.6 Filing an appeal. Appellant means an affected party party initiates the administrative appeal 331.7 Review procedures. 331.8 Timeframes for final appeal who has filed an appeal of a permit process by completing the RFA and decisions. denial or declined individual permit returning it to the appropriate Corps of 331.9 Final appeal decision. under the criteria and procedures of Engineers division office. 331.10 Final Corps decision. these regulations. Review officer (RO) means the Corps 331.11 Unauthorized activities. Declined permit means a proffered official responsible for assisting the 331.12 Exhaustion of administrative individual permit, including a letter of division engineer or higher authority remedies. permission, that an applicant has responsible for rendering the final Appendix A—Administrative Appeal Proces. refused to accept, because he has decision on the merits of an appeal. Appendix B—Applicant Options with objections to the terms and conditions Proffered Individual Permit. therein. A declined permit can also be § 331.3 Review officer. Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. an individual permit that the applicant (a) Authority. (1) The division 1344; 33 U.S.C. 1413. originally accepted, but where such engineer has the authority and responsibility for administering a fair, § 331.1 Purpose and policy. permit was subsequently modified by the district engineer, pursuant to 33 CFR reasonable, prompt, and effective (a) General. The purpose of this Part 325.7, in such a manner that the administrative appeal process. The is to establish policies and procedures resulting permit contains terms and division engineer may act as the review to be used for the administrative appeal conditions that lead the applicant to officer (RO), or may delegate, either of permit applications denied with decline the modified permit, provided generically or on a case-by-case basis, prejudice, and for the administrative that the applicant has not started work any authority or responsibility appeals of declined individual permits. in waters of the United States described in this Part as that of the RO. The appeal process will allow the authorized by such permit. Where an However, the division engineer may not affected party to pursue an applicant declines a permit (either delegate any authority or responsibility administrative appeal of certain final initial or modified), the applicant does described in this Part as that of the Corps of Engineers decisions with not have a valid permit to conduct division engineer. Regardless of any which they disagree. The basis for an regulated activities in waters of the delegation of RO authority or appeal, and the specific policies and United States, and must not begin responsibility, the division engineer procedures of the appeal process, are construction of the work requiring a retains overall responsibility for the described in the following sections. It Corps permit unless and until the administrative appeal process. shall be the policy of the Corps of applicant receives and accepts a valid (2) The RO will assist the division Engineers to promote and maintain an Corps permit. engineer in reaching and documenting administrative appeal process that is Denial determination means a letter the division engineer’s decision on the independent, objective, fair, prompt, from the district engineer detailing the merits of an appeal, if the division and efficient. reasons a permit was denied with engineer has delegated this (b) This administrative appeal process prejudice. The decision document for responsibility as explained above. The provides only for the appeal of permit the project will be attached to the denial division engineer has the authority to denials or declined individual permits. determination in all cases. make the final decision on the merits of (c) Permit decisions made by a the appeal. Neither the RO nor the division engineer or higher authority Notification of Applicant Options (NAO) means a fact sheet explaining an division engineer has the authority to may be appealed to an Army official at make a final decision to issue or deny least one level higher than the decision- applicant’s options with a proffered individual permit under the any particular permit, pursuant to the maker. This higher Army official shall administrative appeal process make the decision on the merits of the administrative appeal process. Notification of Appeal Process (NAP) established by this Part. The authority to appeal, and may appoint a qualified means a fact sheet that explains the issue or deny permits remains with the individual to act as a review officer (as criteria and procedures of the district engineer. However, the division defined in § 331.2 of this Part). engineer may exercise the authority at References to the division engineer in administrative appeal process. Every 33 CFR 325.8(c) to elevate any permit this Part shall be understood as also permit denial, and every proffered application, and subsequently to make referring to higher-level Army authority individual permit returned to the the final permit decision. In such a case, when that authority is conducting an applicant for reconsideration after any appeal process of the district administrative appeal. review by the district engineer in accordance with § 331.6(b), will have an engineer’s initial decision is terminated. § 331.2 Definitions. NAP form attached. If a particular permit application is The terms and definitions contained Permit denial means a written denial elevated to the division engineer in 33 CFR Parts 320 through 330 are with prejudice (see 33 CFR 320.4(j)) of pursuant to 33 CFR 325.8(c), and the applicable to this regulation. In an individual permit application as division engineer’s decision on the addition, the following terms are defined in 33 CFR 325.5(b). permit application is a permit denial, or defined for the purposes of Part 331: Request for appeal (RFA) means the results in a declined permit, that permit Affected party means a permit affected party’s official request to denial or declined permit would be applicant who has received a permit initiate the appeal process. The RFA subject to an administrative appeal to denial, or who has declined a proffered must include the name of the affected the Chief of Engineers. individual permit. party, the Corps file number of the (3) Qualifications. The RO will be a Agent(s) means the affected party’s denied or declined individual permit Corps employee with extensive business partner, attorney, consultant, application, the reason(s) for the appeal, knowledge of the Corps regulatory engineer, planner, or any individual and any supporting data and program. Where the permit decision with legal authority to represent the information. A grant of right of entry for being appealed was made by the appellant’s interests. the Corps to the project site is a division engineer or higher authority, a

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Corps official at least one level higher that has been signed by the applicant, received by the division engineer within than the decision-maker shall make the and subsequently unilaterally modified 60 days of the date of the NAP. decision on the merits of the RFA, and by the district engineer pursuant to 33 this Corps official shall appoint a CFR 325.7, may be appealed under this § 331.6 Filing an appeal. qualified individual as the RO to process, provided that the applicant has (a) An affected party appealing a conduct the appeal process. not started work in waters of the United permit denial or declined permit must (b) General. (1) Independence. The States authorized by the permit. The submit an RFA that is received by the RO will not perform, or have been RFA must be received by the division division engineer within 60 days of the involved with, the preparation, review, engineer within 60 days of the date of date of the NAP. A flow chart of the or decision-making of the action being the NAP. appeal process is shown in Appendix A. appealed. The RO will be independent (2) Reasons for appeal. The reason(s) (b) In the case where an applicant and impartial in reviewing any appeal, for requesting an appeal of a permit objects to a proffered individual permit, and when assisting the division denial, or a declined individual permit, the appeal process proceeds as follows. engineer to make a decision on the must be specifically stated in the RFA, To initiate the appeal process regarding merits of the appeal. and must be more than a simple request the terms and conditions of the permit, (2) Review. The RO will conduct an for appeal because the affected party did the applicant must write a letter to the independent review of the not like the permit decision, or the district engineer explaining his administrative record to address the permit conditions. Examples of reasons objections to the permit. The district reasons for the appeal cited by the for appeals include, but are not limited engineer, upon evaluation of the applicant in the RFA. In addition, to the to, the following: a procedural error, an applicant’s objections, may: modify the extent that it is practicable and feasible, incorrect application of law, regulation permit to address all of the applicant’s the RO will also conduct an or officially-promulgated policy, objections, or modify the permit to independent review of the omission of material fact, incorrect address some, but not all, of the administrative record to verify that the application of the Section 404(b)(1) applicant’s objections, or not modify the record provides an adequate and Guidelines, or use of incorrect data. permit, having determined that the reasonable basis supporting the district (b) Actions not appealable. An action permit should be issued as previously engineer’s decision, that facts or or decision is not subject to an written. In the event that the district analysis essential to the district administrative appeal under these engineer agrees to modify the proffered engineer’s decision have not been regulations if it falls into one or more of individual permit to address all of the omitted from the administrative record, the following categories: applicant’s objections, the district and that all relevant requirements of (1) an individual permit decision engineer will issue such modified law, regulations, and officially- (including a letter of permission or an permit, enclosing an NAP form as well. promulgated Corps policy guidance individual permit with special Should the district engineer modify the have been satisfied. Should the RO conditions), where the permit has been proffered individual permit to address require expert advice regarding any accepted and signed by the permittee. some, but not all, of the applicant’s subject, he may seek such advice from By signing the permit, the applicant objections, the district engineer will any employee of the Corps or of another waives all right to appeal the terms and send the applicant such modified Federal or state agency, or from any conditions of the permit, unless the permit, an NAP form, and the decision recognized expert, so long as that person authorized work has not started in document for the project. If the district had not been previously involved in the waters of the United States, and that engineer does not modify the proffered action under review. issued permit is subsequently modified individual permit, the district engineer by the district engineer pursuant to 33 will offer the unmodified permit to the § 331.4 Notification of appealable actions. CFR 325.7; applicant a second time, enclosing an Affected parties will be notified in (2) any site specific matter that has NAP form and a copy of the decision writing of a Corps decision on an been the subject of a final decision of document. If the applicant still has appealable action. For permit denials, the Federal courts; objections, the applicant may decline the notification must include a copy of (3) a final Corps decision that has such modified or unmodified permit; the decision document for the permit resulted from additional analysis and this declined individual permit may be application, an NAP fact sheet and an evaluation, as directed by a final appeal appealed to the division engineer upon RFA form. For proffered individual decision; submittal of a complete RFA form. The permits, when the initial proffered (4) a permit denial without prejudice completed RFA must be received by the permit is sent to the applicant, the or a declined permit, where the division engineer within 60 days of the notification must include an NAO fact controlling factor cannot be changed by NAP. A flow chart of an applicant’s sheet. For declined permits (i.e., the Corps decision-maker (e.g., the options for a proffered individual proffered individual permits that the requirements of a binding statute, permit is shown in Appendix B. applicant refuses to accept and sends regulation, state Section 401 water (c) The district engineer may not back to the Corps), the notification must quality certification, state Coastal Zone delegate his signature authority to deny include an NAP fact sheet and an RFA Management Act disapproval, etc. (See the permit with prejudice, or to return form. Additionally, an affected party has 33 CFR 320.4(j)); an individual permit to the applicant the right to obtain a copy of the (5) a permit denial case where the with unresolved objections (see §§ 331.6 administrative record. applicant has subsequently modified the (b)(ii) and 331.6(b)(iii)). proposed project, because this would (d) Affected parties may appeal § 331.5 Criteria. constitute an amended application that permit denials or declined individual (a) Criteria for Appeal. (1) Submission would require a new public interest permits where the permit denial or the of RFA. The appellant must submit a review, rather than an appeal of the proffered individual permit occurs after completed RFA (as defined at § 331.2) to existing record and decision; or March 9, 1999, but may not appeal the appropriate division office in order (6) any request for the appeal of a permit denials or declined permits to appeal a permit denial, or a declined denied permit or a declined individual where the Corps took that action before individual permit. An individual permit permit, where the RFA has not been March 9, 1999. All appeals must meet

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The be scheduled in conjunction with the record. The division engineer and/or the appeal process will normally be appeal review conference, where district engineer may attend the conducted by the RO. The RO will practicable. The RO, the appellant, the conference at their discretion. If the document the appeal process, and assist appellant’s agent(s) and the Corps appellant or his authorized agent(s) fail the division engineer to make a decision district staff are authorized participants to attend the appeal conference, the on the merits of the appeal. The division at the site investigation. The RO may appeal process is terminated, unless the engineer may participate in the appeal also invite any other party the RO has RO excuses the appellant for a process as the division engineer deems determined to be appropriate, such as justifiable reason. Furthermore, should appropriate. The division engineer will any technical experts consulted by the the process be terminated in such a make the decision on the merits of the Corps. manner, the district engineer’s original appeal, and provide any instructions, as (d) Appeal Conference. Conferences decision on the appealed action will be appropriate, to the district engineer. held in accordance with this rule will be sustained. (b) Requests for the appeal of permit informal, and will be chaired by the RO. (4) The role of the RO. The RO shall denials or declined individual permits. The purpose of the appeal conference is be in charge of conducting the Upon receipt of an RFA, the Corps shall to provide a forum that allows the conference. The RO shall open the review the RFA and the administrative participants to discuss freely all relevant conference with a summary of the record to determine whether the request issues and material facts associated with policies and procedures for conducting meets the criteria for appeal. If the RFA the appeal. An appeal conference will the conference. The RO will conduct a meets the criteria for appeal, the RO will be held for every appeal of a permit fair and impartial conference, hear and so notify the appellant in writing within denial or a declined individual permit, fully consider all relevant issues and 30 days of the receipt of the RFA. If the unless the RO and the appellant facts, and seek clarification of any issues RO believes that the RFA does not meet mutually agree to forego a conference. of the administrative record, as needed, the criteria for appeal (see § 331.5), the The conference will take place within to allow the division engineer to make RO will make a recommendation on the 60 days of receipt of an acceptable RFA, a final determination on the merits of RFA to the division engineer. If the unless the RO determines that the appeal. The RO will also be division engineer determines that the unforeseen or unusual circumstances responsible for documenting the appeal RFA is not acceptable, the division require scheduling the conference for a conference. engineer will notify the appellant of this later date. The purpose of the (5) Appellant rights. The appellant, determination by a certified letter conference will be to allow the and/or the appellant’s authorized detailing the reason(s) why the appeal appellant and the Corps district agent(s), will be given a reasonable failed to meet the criteria for appeal. No representatives to discuss supporting opportunity to present the appellant’s further administrative appeal is data and information on issues views regarding the subject permit available, unless the appellant revises previously identified in the denial or declined permit. the RFA to correct the deficiencies administrative record, and to allow the (6) Subject matter. The purpose of the noted in the division engineer’s letter. RO the opportunity to clarify elements appeal conference will be to discuss the The revised RFA must be received by of the administrative record. reasons for appeal contained in the the division engineer within 30 days of Presentations by the appellant and the RFA. Any material in the administrative the date of the certified letter refusing Corps district representatives may record may be discussed during the the initial RFA. If the Corps determines include interpretation, clarification, or conference, but the discussion should that the revised RFA still fails to meet explanation of the legal, policy, and be focused on relevant issues needed to the criteria for appeal, the division factual bases for their positions. The address the reasons for appeal contained engineer will notify the appellant of this conference will be governed by the in the RFA. The RO may question the determination by a certified letter following guidelines: appellant or the Corps representatives within 30 days of the date of the receipt (1) Notification. The RO will set a with respect to interpretation of of the revised RFA, and will advise the date, time, and location for the particular issues in the record, or appellant that the matter is not eligible conference. The RO will notify the otherwise to clarify elements of the for appeal. No further RFAs will be appellant and the Corps district office in administrative record. Issues not accepted after this point. writing within 30 days of receipt of the identified in the administrative record (c) Site Investigations. Within 30 days RFA, and not less than 15 days before by the date of the NAP for the of receipt of a complete RFA, the RO the date of the conference. application may not be raised or should determine if a site investigation (2) Facilities. The conference will be discussed, because substantive new is needed to clarify the administrative held at a location that has suitable information or project modifications record. The RO should conduct any facilities and that is reasonably would be treated as a new permit such site investigation within 60 days of convenient to the appellant, preferably application (see § 331.5(b)(5)). receipt of a complete RFA. The RO may in the proximity of the project site. (7) Documentation of the appeal also conduct a site investigation at the Public facilities available at no expense conference. The appeal conference is an request of the appellant, provided the are preferred. If a free facility is not informal proceeding, intended to RO has determined that such an available, the Corps will pay the cost for provide clarifications and explanations investigation would be of benefit in the facility. of the administrative record for the RO interpreting the administrative record. (3) Participants. The RO, the and the division engineer; it is not The appellant and the appellant’s appellant, the appellant’s agent(s) and intended to supplement the authorized agent(s) must be provided an the Corps district staff are authorized administrative record. Consequently,

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The process, and this decision will be filed will write a memorandum for the record administrative appeal process is in the administrative record for the (MFR) summarizing the presentations initiated by the receipt of an RFA by the project. division engineer. The Corps will made at the conference, and will review the RFA to determine whether § 331.10 Final Corps decision. provide a copy of that MFR to the the action is appealable. If the division The final Corps decision on a permit division engineer, the appellant, and the engineer determines that the action is application is the initial decision to district engineer. not appealable, the division engineer issue or deny a permit, unless the (8) Appellant costs. The appellant will notify the appellant accordingly permittee submits an RFA, and the will be responsible for his own expenses within 30 days of the receipt of the RFA. division engineer accepts the RFA, for attending the appeal conference. If the division engineer determines that pursuant to this Part. The final Corps decision on an appealed action is as (e) Basis of decision and the action is appealable and the RFA is follows: communication with the RO. The appeal complete, the RO will request the administrative record from the district (a) If the division engineer determines of a permit denial or a declined engineer. The division engineer will that the appeal is without merit, the individual permit is limited to the make a final decision on the merits of final Corps decision is the district information contained in administrative the appeal within 90 days of the receipt engineer’s letter advising the applicant record by the date of the NAP for the of the complete RFA. that the division engineer has decided application, the proceedings of the that the appeal is without merit, and appeal conference, and any relevant § 331.9 Final appeal decision. confirming the district engineer’s initial information gathered by the RO as (a) In accordance with the authorities permit decision; or described in § 331.5 of this Part. Neither contained in § 331.3(b), the division (b) If the division engineer determines the appellant nor the Corps may present engineer will make a decision on the that the appeal has merit, the final new information not already contained merits of the appeal. While reviewing an Corps decision is the district engineer’s in the administrative record, but both appeal and reaching a decision on the decision made pursuant to the division parties may interpret, clarify or explain merits of an appeal, the division engineer’s remand of the appealed issues and information contained in the engineer can consult with or seek action. The division engineer will record. information from any person, including remand the decision to the district the district engineer. engineer with specific instructions to (f) Applicability of appeal decisions. (b) The division engineer will review the administrative record, and to Because a decision to deny or condition disapprove the entirety of or any part of further analyze or evaluate specific a permit depends on the facts, the district engineer’s decision only if issues. If the district engineer circumstances, and physical conditions he determines that the decision on some determines that the effects of the district particular to the specific project and site relevant matter was arbitrary, engineer’s reconsideration of the being evaluated, appeal decisions would capricious, an abuse of discretion, not administrative record would be narrow be of little or no precedential utility. supported by substantial evidence in the in scope and impact, the district Therefore, an appeal decision of the administrative record, or plainly engineer must provide notification only division engineer is applicable only to contrary to a requirement of law, to those parties who commented or the instant appeal, and has no other regulation, an Executive Order, or participated in the original review, and precedential effect. Such a decision may officially-promulgated Corps policy would allow 15 days for the submission not be cited in any other administrative guidance. The division engineer will not of supplemental comments. Where the appeal, and may not be used as attempt to substitute his judgment for district engineer determines that the precedent for the evaluation of any that of the district engineer regarding a effect of the district engineer’s other permit application. While matter of fact, so long as the district reconsideration of the administrative engineer’s determination was supported administrative appeal decisions lack record would be substantial in scope by substantial evidence in the precedential value and may not be cited and impact, the district engineer’s administrative record, or regarding any by an appellant or a district engineer in review process will include issuance of other matter if the district engineer’s a new public notice, and/or preparation any other appeal proceeding, the Corps determination was reasonable and goal is to have the Corps regulatory of a supplemental environmental within the zone of discretion delegated analysis and decision document (see 33 program operate as consistently as to the district engineer by Corps possible, particularly with respect to CFR 325.7). Subsequently, the district regulations. The division engineer may engineer’s decision made pursuant to interpretations of law, regulation, an instruct the district engineer on how to Executive Order, and officially- the division engineer’s remand of the correct any procedural error that was appealed action becomes the final Corps promulgated policy. Therefore, a copy prejudicial to the appellant (i.e., that action. Nothing in this rule precludes of each appeal decision will be was not a ‘‘harmless’’ procedural error), the agencies’ authorities pursuant to forwarded to Corps Headquarters; those or to reconsider the decision where any Section 404(q) of the Clean Water Act. decisions will be periodically reviewed essential part of the district engineer’s at the headquarters level for consistency decision was not supported by accurate § 331.11 Unauthorized activities. with law, Executive Orders and policy. or sufficient information, or analysis, in Permit denials and declined Additional official guidance will be the administrative record. The division individual permits associated with after- issued as necessary to maintain or engineer will document his decision on the-fact permit applications are improve the consistency of the Corps’ the merits of the appeal in writing, and appealable actions for the purposes of appellate and permit decisions. provide a copy of this decision to the these regulations. If the Corps accepts

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[FR Doc. 99–5734 Filed 38–99; 8:45 am] BILLING CODE 3710±92±C

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DEPARTMENT OF TRANSPORTATION I. Summary of Today’s Rule for every million vehicles registered.3 In an effort to reduce the rollover rate This is more than twice the rate of all National Highway Traffic Safety of utility vehicles 1, today’s rule other light vehicle types combined—44 Administration modifies the existing requirements for deaths per million registered vehicles (although small pickup trucks have a 49 CFR Parts 571 and 575 rollover warning labels for those vehicles. The new labels will more similar fatal rollover rate—93 deaths per effectively alert their drivers to the risk million registered vehicles).4 [Docket No. NHTSA±98±3381, Notice 2] the vehicles will roll over, the steps they This does not mean, however, that can take to avoid that risk, and the steps utility vehicles are unsafe overall RIN 2127±AG53 they can take to reduce the chance of compared to other vehicle types. The injury in the event of a rollover. The overall fatality rate (for crashes of all Consumer Information Regulations; types, i.e., front, rear, side and rollover Utility Vehicle Label new label uses bright colors, graphics, and short bulleted text messages in lieu crashes) for utility vehicles is 163 AGENCY: National Highway Traffic of the current text-only format. The rule fatalities per million registered vehicles, Safety Administration (NHTSA), DOT. requires the label’s header to have an compared to 169 for all light duty vehicles combined. Small pickup trucks ACTION: Final rule. alert symbol (a triangle containing an exclamation point) followed by the have the highest overall fatality rate, at SUMMARY: This final rule modifies the statement ‘‘WARNING: Higher Rollover 217 fatalities per million registered rollover warning currently required for Risk’’ in black text on a yellow vehicles, followed by small cars, at 200. small and mid-sized utility vehicles. background. The following three B. Existing Utility Vehicle Rollover Utility vehicles, which have features for statements must appear below the Warning Label off-road use, are often referred to in the header in the center of the label: ‘‘Avoid Currently, utility vehicles are required media as sport utility vehicles. In place Abrupt Maneuvers and Excessive to have a label advising drivers that the of the current, text-only warning label Speed,’’ ‘‘Always Buckle Up,’’ and ‘‘See handling and maneuvering containing a paragraph of information, Owner’s Manual For Further characteristics of these vehicles require this rule requires a new label that uses Information.’’ The rule specifies that the special driving practices (49 CFR graphics, bright colors, and short label must contain two pictograms: one 575.105). The label must be bulleted text messages. This rule also showing a tilting utility vehicle on the permanently affixed in a location in the requires that additional information left of the label, and the other showing vehicle which is ‘‘prominent and visible related to rollover risks be included in a seated vehicle occupant with a to the driver.’’ A common location used the owners’ manuals of these vehicles. secured three-point belt system on the by manufacturers is the sun visor. No These changes make the rollover right. The pictograms and the statement minimum size requirements are warning more attention-getting and must be in black on a white background. specified for the label or lettering. The understandable to consumers. They will The rule requires the label to be placed label must be ‘‘printed in a typeface and thereby increase the chance that the on either the driver’s sun visor or the color which are clear and conspicuous.’’ warning will persuade drivers to modify driver’s side window. If the label is The label must include the following or their behavior and reduce the likelihood placed on the back of the driver’s sun similar language: of rollovers. visor, the rule requires an alert label to be placed on the front of the visor This is a multipurpose passenger vehicle DATES: This final rule is effective urging the person to flip the visor over which will handle and maneuver differently September 1, 1999. Petitions for and read the information on the other from an ordinary passenger car, in driving reconsideration must be received by side. The new label is required on conditions which may occur on streets and April 23, 1999. utility vehicles with a wheelbase of 110 highways and off road. As with other ADDRESSES: Petitions for reconsideration vehicles of this type, if you make sharp turns inches or less. The rule also requires or abrupt maneuvers, the vehicle may roll should refer to the docket and notice additional information on rollover be number of this final rule and be over or may go out of control and crash. You included in the owner’s manuals of should read driving guidelines and submitted to: Administrator, National these vehicles. The new requirements instructions in the Owner’s Manual, and Highway Traffic Safety Administration, are effective September 1, 1999. WEAR YOUR SEAT BELTS AT ALL TIMES. 400 Seventh Street, SW, Washington, DC 20590. II. Background Utility vehicles are also required to have information in the vehicle owner’s FOR FURTHER INFORMATION CONTACT: The A. The Rollover Crash Problem 2 following persons at the National The agency has focused its rollover 3 Fatality rates given are averages of 1991–1994 Highway Traffic Safety Administration, consumer information efforts on utility rates, using fatality data from FARS and vehicle 400 Seventh Street, SW, Washington, vehicles because this type of vehicle is registration data from R.L. Polk and Company, DC 20590: which was limited to the 14 most recent model involved in rollover-related occupant years at the time of the Status Report. For labeling issues: Mary Versailles, deaths more often (on a per-vehicle 4 According to a review of the National Office of Planning and Consumer basis) than other vehicle types. Utility Automotive Sampling System (NASS), rollover Programs, NPS–31, telephone (202) vehicles experience 98 rollover fatalities crashes accounted for over 28 percent of all light 366–2057, facsimile (202) 366–4329. duty vehicles fatalities in 1997. Light duty vehicles are passenger cars, pickup trucks, vans, and sport For general rollover issues: Gayle 1 ‘‘Utility vehicles’’ are defined in 49 CFR Part utility vehicles with a gross vehicle weight rating Dalrymple, Office of Crash Avoidance 575 as multipurpose passenger vehicles (other than of 10,000 pounds or less. Vans and sport utility Standards, NPS–20, telephone (202) those which are passenger car derivatives) with a vehicles are both considered multipurpose 366–5559, facsimile (202) 366–4329. wheelbase of 110 inches or less and with special passenger vehicles for purposes of NHTSA features for off-road operation. 49 CFR Part 575.105. regulations. From 1991 through 1994, an average of For legal issues: Nicole Fradette, These vehicles are commonly referred to as sport 8,857 occupants of light duty vehicles died in Office of Chief Counsel, NCC–20, utility vehicles in the media. rollover crashes annually. (1991–1994 average from telephone (202) 366–2992, facsimile 2 A complete summary of the statistics used in Fatality Analysis Reporting System (FARS)) These (202) 366–3820. this section can be found in the document titled fatal rollover crashes occurred with all types of ‘‘Status Report for Rollover Prevention and Injury vehicles; the greatest number occurred in small SUPPLEMENTARY INFORMATION: Mitigation, May 1996,’’ in Docket 91–68–N05. passenger cars, followed by small pickup trucks.

VerDate 03-MAR-99 18:06 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR4.XXX pfrm01 PsN: 09MRR4 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations 11725 manual. The current requirement C. Summary of NPRM less likely to be read than labels with specifies the following or similar minimal wording and graphics. language: On April 13, 1998, the agency published an NPRM proposing to NHTSA explained in the NPRM that Utility vehicles have higher ground modify this labeling requirement. The the American National Standard clearance and a narrower track to make them 6 proposed changes were based on the Institute (ANSI) has a standard for capable of performing in a wide variety of product safety signs and labels (ANSI off-road applications. Specific design results of a series of focus groups characteristics give them a higher center of conducted in June 1996 as well as the Z535.4) that identifies a hierarchy of gravity than ordinary cars. An advantage of agency’s experience in the rulemaking hazard levels ranging from extremely the higher ground clearance is a better view to improve the air bag warning labels.5 serious to moderately serious and of the road allowing you to anticipate The proposed changes included use of specifies corresponding hierarchies of problems. They are not designed for signal words, i.e., ‘‘danger,’’ ‘‘warning,’’ cornering at the same speeds as conventional bright colors, graphics, and short 2-wheel drive vehicles any more than low- bulleted text messages, instead of the and ‘‘caution,’’ and of colors. For the slung sports cars are designed to perform current text-only format. The rollover header, the ANSI standard specifies a satisfactorily under off-road conditions. If at focus groups and other focus groups red background with white text for all possible, avoid sharp turns or abrupt ‘‘danger,’’ an orange background with maneuvers. As with other vehicles of this formed by the agency have consistently concluded that labels like the existing black text for ‘‘warning,’’ and a yellow type, failure to operate this vehicle correctly background with black text for may result in loss of control or vehicle utility vehicle label (long unbroken rollover. passages of text and no graphics) are ‘‘caution.’’

ANSI REQUIREMENTS FOR COLOR CODED HEADER MESSAGES FOR THE DIFFERENT LEVELS OF HAZARD [Listed in declining level of hazard]

Imminently hazardous situation which will result in death or serious injury if not ``Danger'' ...... Red background with white text. avoided. Potentially hazardous situation which could result in death or serious injury ...... ``Warning'' ...... Orange background with black text. Potentially hazardous situation which could result in minor or moderate injury ...... ``Caution'' ...... Yellow background with black text.

The ANSI standard specifies that red background with white text. The Despite focus group preference for the pictograms should be black on white, graphic areas had a yellow background signal word ‘‘danger,’’ the agency with occasional uses of color for with black and white drawings. The text proposed the use of the word ‘‘warning’’ emphasis, and that message text should area had a black background with as more appropriate to the level of risk. be black on white. yellow text. The agency also noted that the word The NPRM proposed three different Proposed label 1 used two graphics to ‘‘warning’’ is used in the air bag labels for comment. Proposed label 1 the left of the areas with heading and warning label. NHTSA sought comment used the ANSI color format with the text. Proposed labels 2 and 3 had a on whether to use the phrases ‘‘High heading background in orange with the heading area across the top of the label, Risk of Rollover’’ or ‘‘Higher Rollover words in black. The remainder of the with two graphics surrounding a text Risk’’ in the label. Proposed labels 1 and label had a white background with black area below. All three proposed labels 2 used the phrase ‘‘High Risk of text and drawings. Proposed label 2 had a graphic of the area on a seat belt Rollover’’ in the text and heading areas used a color scheme like the air bag where the buckle is, with the belt not respectively. Proposed label 3 used the warning labels, which is the same as the fully buckled. Proposed labels 1 and 2 phrase ‘‘Higher Rollover Risk.’’ ANSI color format except that the had a graphic with a vehicle on a curved Proposed label 3 also used the phrase background color for the heading in the road that was tipping. Proposed label 3 ‘‘Always Buckle Up.’’ Proposed labels 1 label is yellow. Proposed label 3 had a graphic of a tipped vehicle with and 2 included the phrase ‘‘Avoid employed the color scheme used in the a curved arrow under it and a person Sudden Stops and Sharp Turns.’’ focus groups—the heading area had a being ejected from the vehicle. BILLING CODE 4910±59±P

6 This standard was not considered by the June however the standard was considered in a series of 5 Copies of the Focus Group Report, dated August 1996 rollover focus groups in their deliberations, air bag label focus groups in October 1996. 1996, as well as the three potential labels proposed in the NPRM are in docket NHTSA 98–3381.

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BILLING CODE 4910±59±C on whether a size should be specified may lead to rollovers and the specific Prior to publication of the NPRM, for the label. actions a driver can take to reduce the NHTSA had received a petition for NHTSA also asked for comments on risk of rollovers in those circumstances.7 reconsideration from the American Suzuki also asked the agency to amend Automobile Manufacturers Association possible changes to the owner’s manual requirement. NHTSA proposed three the requirement to require the label in (AAMA) of a provision in the air bag all light trucks, not just utility vehicles. warning label requirements that possible approaches to an owner’s manual information requirement: (1) The agency explained that it considered prohibits the utility vehicle rollover the Suzuki petition moot, since the warning label and the air bag label from retain the current owner’s manual information requirement, (2) specify requested actions were under being on the same side of the sun visor. consideration in several open Currently, the utility vehicle rollover that information on design features which may make a vehicle more likely rulemakings, including this rulemaking, warning label must be permanently regarding consumer information on affixed to the instrument panel, to rollover (e.g., higher center of gravity) and driving practices which can reduce rollover prevention, and in other agency windshield frame, driver’s side sun consumer information activities and visor, or some other location on the the risk that a rollover will occur (e.g., avoiding sharp turns) or which can sought comment on whether to extend vehicle interior visible from the driver’s the utility vehicle label requirement to position. Under current requirements, if reduce the likelihood of death or serious injury if a rollover occurs (e.g., wearing all light trucks (trucks, buses, and the utility vehicle rollover warning label MPVs) or to any subset of this category is placed on the sun visor, it must be on seat belts) be included in the owner’s manual without specifying the exact (e.g., all utility vehicles). The agency the front side. Thus, a manufacturer proposed a lead time of 180 days which chooses this popular location content of such information, or (3) specify the inclusion of information between the final rule and its must place the air bag warning label on implementation. the back side of the sun visor with the beyond what is now specified. The air bag alert label on the front. In the agency explained that this additional III. Summary of the Comments April 1998 NPRM, NHTSA sought information could include: statistical NHTSA received 19 comments on the comments on whether it should: (1) information comparing the rollover risk NPRM from six manufacturers, two retain the current location requirements; of utility vehicles with other light consumer interest groups, three trade (2) retain the current utility vehicle passenger vehicles, statistical associations, six business students, and warning label location requirements and information demonstrating the lower two other organizations. remove the prohibition from the air bag risk of fatality or injury if seat belts are warning label location requirements; or worn, information on the types of 7 Suzuki suggested the following language in its (3) amend the utility vehicle rollover situations that can result in a rollover, petition: warning label requirements to prohibit and information on how to properly If, for any reason, your vehicle slides sideways or recover from a driving scenario that spins out of control at highway speeds, the risk of its placement on the driver’s side sun rollover is greatly increased. This condition can be visor. As part of the last possibility, could result in rollover. created when two or more wheels drop off onto the NHTSA sought comment on an On May 15, 1997, American Suzuki shoulder and the driver steers sharply in an attempt additional possible location, i.e., the Motor Corporation (Suzuki) petitioned to reenter the roadway. To reduce the risk of rollover in these circumstances, if conditions lower, rear corner of the driver’s side NHTSA to modify the existing utility permit, hold the steering wheel firmly and slow door window visible from the vehicle vehicle label to include additional down before pulling back into the travel lanes with exterior. NHTSA also sought comment language on the circumstances which controlled steering movements.

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A. Revision and Upgrade of the Label Overall, commenters expressed strong bag labels) should be visible at all times Only one commenter, Exponent support for the word ‘‘warning.’’ Only and should not be located on the back Failure Analysis, explicitly opposed the one comment supported using the word of the sun visor. Many commenters new label, based on a belief that it could ‘‘danger’’ for the warning label. Three believe the agency should allow lead consumers to purchase vehicles business students, Felix Bonet, Jeana flexibility on the label’s location, that are overall less safe.8 Advocates for Jewett and Yuladys Sanchez, submitted including allowing both the air bag label Highway and Auto Safety (Advocates) a survey they conducted in which 70 and the utility vehicle label to be on the reiterated its long-standing belief that a percent of respondents said that the same side of the sun visor. rollover standard is needed and word ‘‘danger’’ would attract attention In general, commenters supported expressed skepticism about whether a more. AAMA stated that either giving manufacturers flexibility on the new label can reduce rollovers. ‘‘Warning’’ or ‘‘Caution’’ should be size of the label. One commenter Consumers Union also stated that allowed since there is no evidence that suggested specifying a specific additional activities are needed to consumers would react differently to the minimum font size so that reduce rollovers. Mercedes-Benz, who two words. Some of the commenters manufacturers would not be tempted to currently does not produce any vehicles preferred label 2 because the reason for make the labels too small. Other that are subject to the requirement, the warning (rollover) was stated on the commenters opposed specifying a believes that the current label should be same line as the word ‘‘warning.’’ minimum size and supported sufficient to inform its customers of the Finally, AAMA, AIAM, and Honda maintaining the current ‘‘prominent and special driving characteristics of utility asked that the use of the safety alert visible to the driver’’ language. vehicles.9 Honda Motor Corporation symbol (triangle with an exclamation point) be allowed on the label. C. Inclusion of New Rollover Statement (Honda) agreed that the new label might in the Owner’s Manual be more effective, but stated that None of the commenters expressed NHTSA should set performance explicit support for or opposition to AIAM believes that NHTSA should requirements for labels instead of using either the phrase ‘‘High Rollover specify the exact wording of the mandating specific designs. Honda did Risk’’ or the phrase ‘‘Higher Risk of discussion in the owner’s manual, but not, however, suggest any method that Rollover.’’ Instead, commenters that it should not be the currently could be used to measure performance suggested other alternative statements required discussion. Several of the for a label. All other commenters either such as: ‘‘Reduce Rollover Risk,’’ ‘‘To commenters stated that the current did not object to changing the label or Avoid Rollovers .. .,’’ and ‘‘This requirement should be changed. explicitly supported the change. vehicle handles differently than a car.’’ Advocates stated that statistical Most of the commenters who Those commenters who addressed the information should not be required expressed a particular preference for issue of what seat belt phrase to use because it can change from year to year. one of the proposed labels supported preferred the phrase ‘‘Always Buckle Finally, several commenters expressed label number 2, citing as bases for their Up,’’ which was used on proposed label support for option two (specifying support both the color scheme and 3. Honda stated that any belt use topics to cover but not exact language) layout. With respect to the color of the message should be secondary since because it provides manufacturers with label’s header, commenters expressed there are already numerous belt use more flexibility. strong support for a yellow background. messages. With respect to the phrase ‘‘Avoid Sudden Stops and Sharp D. Vehicle Applicability and Effective The Association of International Date Automobile Manufacturers (AIAM) and Turns,’’ which was included on AAMA stated that NHTSA should allow proposed labels 1 and 2, commenters In the April 1998 NPRM, NHTSA the choice of yellow or orange. stated that they disliked both maneuver asked for comments on extending the Except for Consumers Union which statements because these maneuvers are utility vehicle rollover requirement to supports any message encouraging belt often used to avoid crashes. The all light trucks (trucks, buses, and use, most commenters objected to the commenters suggested adding a MPVs) or to any subset of this category graphic depicting the rider being thrown statement regarding speed and alcohol (such as all utility vehicles). The from the vehicle. They believed this use since these are common factors in commenters were split on whether graphic shifted emphasis away from rollover crashes. Commenters also NHTSA should extend this requirement rollover prevention to belt use. suggested adding a statement to the to other vehicles. Some commenters Commenters also objected to graphics label to see the owner’s manual and stated that this should be the subject of showing a curved road as implying that allowing foreign language translations of a separate rulemaking, while others said rollovers only occur on curves. AIAM the label. that the agency should wait to disliked the arrow in the graphic B. Location and Size of the Label in the determine the effectiveness of a new without a road because it believed it Vehicle label before extending the requirement to other vehicles. There were no was redundant of the depicted vehicle With respect to the label’s location, attitude. AIAM, AAMA, and Honda all comments on extending the labeling only one commenter, the Insurance requirement to all utility vehicles. preferred the standard belt use graphic, Institute for Highway (IIHS), stated that the three-point seat belt symbol (see 49 With regard to the issue of leadtime, NHTSA should prohibit the utility all commenters said 180 days was CFR 571.101), to the graphic used on the vehicle label from being placed on the proposed labels. Honda also suggested adequate for label changes. However, sun visor. IIHS believed that the utility commenters said that they would need retesting the graphics using ANSI’s label’s presence on the sun visor would protocol for safety symbols (ANSI at least one year if changes were made diminish the effect of the air bag label. to the owner’s manual, as these manuals Z535.3–1991, Criteria for Safety IIHS, along with Consumers Union, Symbols). are often ordered at one time for the preferred the location of the driver’s entire model year. side window. Advocates stated that it 8 NHTSA notes that the rationale given for this E. Additional Issues opposition applies equally to the current label. did not have a strong position on the 9 NHTSA notes that any voluntary label would location of the label, except that it In its comments on the NPRM, AAMA not have to comply with the Federal requirement. believed that safety labels (including air asked NHTSA to write the rule so that

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Agency’s Decision and Response to addition, the agency agrees that the NHTSA believes the addition of the seat Comments arrow underneath the tilting vehicle belt graphic along with the word A. Revision and Upgrade of the Label clutters the graphic and should also be ‘‘warning’’ provided a context for the NHTSA has decided to amend the removed. The agency believes, however, tilting vehicle graphic so that existing utility vehicle rollover warning that some frame of reference is needed participants understood the overall labeling requirement. The agency so that people will not be confused and meaning of the label. believes the modifications made by this conclude either that the graphic was NHTSA believes that these results final rule will make the information misprinted on the label or that the label demonstrate that the label is readily more noticeable and understandable to was placed on the vehicle crooked. understandable to the vast majority of consumers and, therefore, increase the NHTSA has, therefore, decided to people. The ANSI standard calls for at chance that the labels can affect driver change the vehicle graphic to show a least 85 percent of correct responses and not more than 5 percent critical behavior to reduce rollovers and thus tilting vehicle on a horizontal plane. In response to Honda’s comment and confusion. The seat belt graphic used in reduce fatalities and injuries. NHTSA to determine which graphics would be Standard No. 101, Controls and has decided to use the format in label most effective, NHTSA conducted displays, (with 95 percent of the 2 with two graphics surrounding the additional consumer testing of the responses correct and only 1 percent label’s text and a heading above. The recommended graphics in accordance critical confusion) is well within the rule requires the graphic depicting the with the ANSI protocol for evaluating requirements of ANSI’s standard. While use of a seat belt to be on the right and symbol comprehension. Focus group the tilting vehicle graphic did not the rollover graphic to be on the left. testing was done on the tilting vehicle receive a correct response of 85 percent The agency has decided to use the graphic and on the two alternate seat when it was viewed in isolation, the color yellow in the header. The agency belt graphics (the graphic used in ANSI standard indicates that a label’s recognizes that the use of the color Standard No. 101, Controls and graphic judged unacceptable when so yellow is inconsistent with the ANSI displays, and a graphic like the one used viewed may nevertheless become standard, which specifies the use of in the NPRM except depicting a 3-point acceptable if explanatory text is added. orange for headers relating to potentially belt instead of a lap belt). In addition, The new rollover label has such hazardous situations, such as the ones to test the overall comprehension of the explanatory text. In addition, the tilting addressed by this final rule, which graphics, NHTSA tested the label with vehicle graphic had a critical confusion could result in death or serious injury. all text deleted except the word response of only 1 percent. Further, the However, the use of yellow is consistent ‘‘warning’’. overall recognition level of the label as with the color chosen by the agency for Participants were shown the three a whole was high, with 94 percent of the the header of the air bag label. NHTSA graphics (the tilting vehicle graphic and participants correctly identifying the specified the use of yellow for air bag the two seat belt graphics), asked to meaning of the label. warning labels because of an identify what the graphic meant or was The agency does not have any overwhelming focus group preference trying to tell them, and asked to choose evidence that any of the suggested for that color and the meaning from four possible responses. Of the signal words, i.e., ‘‘danger’’, ‘‘warning’’ associated with that color (focus groups four responses provided, one was or ‘‘caution,’’ would be more effective associated the word ‘‘caution’’ with correct, two were incorrect, and one than the others. It also does not have yellow and associated no meaning with indicated ‘‘critical confusion.’’ 11 With any information showing that ‘‘danger’’ the word orange).10 The agency believes respect to the two seat belt graphics, 95 would be more appropriate than that the use of orange for rollover percent of the participants chose the ‘‘warning’’ for labels regarding the warning labels and yellow for air bar correct response for the seat belt graphic particular hazard addressed by this warning labels could create confusion. used in Standard No. 101, Controls and rulemaking. The agency, therefore, sees In addition, commenters expressed displays, 1 percent chose the incorrect no reason to depart from the voluntary strong support for the color yellow. The response and 4 percent chose the industry standard and has decided to rule does not allow the use of orange in critical confusion response. For the 3- use the word ‘‘warning’’ to comply with the header. This prohibition is point seat belt graphic, 86 percent chose the ANSI standard. The final rule also consistent with the air bag warning the correct response, 5 percent chose mandates the use of the safety alert label. incorrectly and 7 percent chose the symbol. Manufacturers asked that the The agency agrees with the comments critical confusion response. With use of the alert symbol be permitted of AIAM, AAMA, and Honda and has respect to the tilting vehicle graphic, 81 instead of required. The agency believes decided to adopt the standard belt use percent of the participants chose the that this requirement will make the graphic, the three-point seat belt symbol correct response, 18 percent chose the label more attention getting and will, (see 49 CFR 571.101), instead of the incorrect response and 1 percent chose therefore, increase the effectiveness of buckle graphic used on the three the critical confusion response. the label. In addition, requiring the proposed labels. NHTSA believes that Participants were also shown the new safety alert symbol will also make the consistency in graphics will prevent any label with all text deleted except the label’s appearance uniform with that of the air bag label. 10 Only two of the 53 focus group participants 11 ‘‘Critical confusion’’ is the term used to With respect to the use of the phrases preferred orange. Participants generally stated that describe the situation in which a participant ‘‘Higher Rollover Risk’’ and ‘‘High Risk yellow was more eye-catching than orange. concludes that the meaning of the graphic is the Participants also noted that red (stop) and yellow opposite of the meaning intended by the graphic’s of Rollover,’’ NHTSA believes that the (caution) had meaning to them, but not orange. designer. alternatives suggested by the

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Allowing measures (i.e., more careful driving) and much of the basic information about manufacturers to put the utility vehicle injury reduction measures (i.e., seat belt rollover dangers in the owner’s manual. label on either side of the sun visor, use), the alternative phrases invite crash The owner’s manual will include a they could choose to put the air bag avoidance measures only. Further, the discussion of the vehicle design features label on the front, increasing its agency believes the phrase ‘‘This which cause this type of vehicle to be prominence, if it is not possible to put vehicle handles differently than a car’’ more likely to rollover (e.g., higher both labels on the front. Based on the is too wordy. One of the reasons the center of gravity), a discussion of the research, allowing both labels on the agency is modifying the label is because driving practices that can reduce the sun visor should not result in the current one is too wordy. NHTSA risk of a rollover (e.g., avoiding sharp information overload because: (1) There also notes that focus groups emphasized turns at excessive speed), and an are only 2 hazards being warned about; that statements should be short. explanation of why it is important to (2) actions that would avoid both NHTSA is aware that the rollover risk wear a seat belt (i.e., that unbelted rollover and air bag hazards can be is not ‘‘high’’ in absolute terms, but it is occupants are significantly more likely avoided from the driver’s seating higher for SUVs than other vehicle to die in a rollover crash than belted position; and (3) both hazards have the types. Consequently, the final rule occupants). The agency believes that it same degree of seriousness. requires the label to include the phrase is both important and appropriate to However, to maintain the ‘‘Higher Rollover Risk.’’ In addition, the have a statement on the label reminding separateness of the labels and their rule requires that this phrase be placed the driver to read the information in the messages, the agency is specifying that on the first line of the label following owner’s manual and is requiring that it the labels cannot be contiguous. the signal word ‘‘Warning.’’ NHTSA be included. Further, to keep the pictograms of the believes that the placement of this two labels from running together phrase at the top of the label is B. Location and Size of the Label in the visually, the final rule also specifies that important to highlight the purpose of Vehicle the air bag warning label must be to the the label and to help alert the driver to NHTSA conducted a literature search left of the utility vehicle rollover the importance of heeding its warnings. for information on warning placement warning label when both labels are NHTSA chose to delete the ‘‘sudden to assist the agency in determining the placed on the same side of the sun visor. stops’’ statement from the label since most appropriate location for the label. Since the pictogram on the air bag both the focus group and the The agency found a number of sources warning label is on its left side, placing commenters expressed concern that of guidance. ANSI Z535.4 (1991) that label to the left of the rollover these maneuvers are often used to avoid permits multiple hazard warnings in the warning label puts that pictogram far crashes. The final rule requires the same location if more than one hazard from the pictograms on the rollover statement: AVOID ABRUPT exists for a product and either the warning label. Finally, the final rule MANEUVERS AND EXCESSIVE SPEED. sources of the hazards are in close requires that a rollover alert label, NHTSA believes that this statement proximity to each other or the hazards similar to the air bag alert label, must be makes the driver aware of particular are preventable from a common placed on the front of the sun visor if practices that should be avoided. The location. However, the standard the utility vehicle label is put on the final rule also requires the use of the recommends that individual messages back of the sun visor. phrase ‘‘Always Buckle Up’’, which was have sufficient space around them to With respect to specifying a particular preferred by commenters, and specifies prevent them from visually blending size for the label, NHTSA believes that that it be placed as the second statement together. The Westinghouse Electric concerns over liability make it unlikely on the label. The agency believes that Corporation (1981) guidelines that manufacturers would make the this message is easily understood and recommend against placing multiple label, or its contents, too small. Further, effectively conveys the importance of hazard warnings in the same location. In despite the absence of any current wearing a seat belt. The agency has cases in which multiple warnings are requirement about label size, no decided not to adopt an alcohol use provided, the guidelines prohibit commenter gave an example of a statement as suggested by the placing warnings concerning hazards rollover warning label that the commenters as it believes this issue is with different levels of seriousness in commenter regarded as too small. As to better addressed in other ways. close proximity to each other. Further, lettering size, NHTSA believes that NHTSA agrees with the commenters according to a study done for the specifying a minimum font size is that the label should include a Consumer Product Safety Commission, unnecessary at this time. NHTSA has statement urging the driver to look in label recognition decreases as the not required any particular font face or the vehicle owner’s manual for further number of labels increases. This was a size for the air bag warning label. information. NHTSA recognizes that it limited study (10 subjects for each Manufacturers, particularly those which did not adopt a similar statement condition) done on all terrain vehicles choose to place both the air bag warning proposed for the air bag warning labels. (ATV) warnings. It tested label label and the rollover warning label on It did not do so because some members recognition when there were different the same side of the sunvisor, may wish of the air bag focus groups expressly numbers (4, 7, 9, or 11) of warning to use the same font face and size in objected to it, and indicated they labels present. both labels. Today’s rule allows them wanted the label itself to tell them what In response to comments and in light the flexibility to do so. NHTSA, they need to know about air bag dangers of the results of its literature review, the therefore, decided not to specify either and how to avoid them. The agency agency is allowing the utility vehicle a particular font face or font size for the believes that it is harder, within the label to be placed on either (1) the rollover label. As the label size has not practical limitations imposed by a driver’s sun visor (either side) or (2) the been a problem in the past, the final rule relatively small warning label, to driver’s side window. The agency retains the current requirement that the

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TABLE 1.ÐPERCENT ROLLOVER PER SINGLE VEHICLE CRASHES (% RO/SVC)

≤110′′ >110′′ All wheelbase wheelbase

Car ...... 17.4 20.1 11.0 Utility Vehicle ...... 48.9 57.5 9.5 Van ...... 22.2 1 8.3 30.4 Pickup ...... 37.5 41.4 25.6 1 This number may not be reliable. It reflects a very small number of vans with wheelbases ≤110 inches. This is because the most popular minivans have wheelbases longer than 110 inches.

The new label and owner’s manual directs the driver to consult the owner’s today’s rule prior to publication of the requirements contain important manual for further information, as the new owner’s manuals. Further, the information that more effectively alerts agency believes that drivers and agency notes that if for any reason a drivers to the risk the vehicles will roll passengers should be aware of the manufacturer is unable to make the over, the steps to take to avoid that risk, information contained in the owner’s changes before the new manual is and the steps to take to reduce the manual. Although commenters said that published, the manufacturer may place chance of injury in the event of a they would need at least one year to an insert with the required information rollover. NHTSA, therefore, believes make any changes to the owner’s in the owner’s manual. that a September 1, 1999 effective date manual as these manuals are often E. Additional Issues for the label and owner’s manual ordered at one time for the entire model requirements is appropriate. NHTSA year, the agency believes that any Today’s rule does not permit believes that manufacturers will have changes can be made within 180 days. manufacturers to make changes to the sufficient leadtime to design new labels Manufacturers generally order owner’s label upon seeking and receiving special and revise owner’s manuals to include manuals three to four months (in June permission from the Administrator. the information required by today’s rule. or July) before the start of the new NHTSA believes it is important that With respect to the labeling model year of production. NHTSA people see the same message in all requirement, all of the commenters believes that a September 1, 1999, utility vehicles subject to this final rule. agreed that a leadtime of 180 days was effective date will provide The agency believes that inconsistency sufficient to design, produce and install manufacturers with sufficient lead time in the content of the label could cause a new label. In addition, the new label to make all the changes required by confusion and undermine the

12 Utility vehicles with a wheelbase ≤110 inches had a rollover rate of only 9.5 percent. These statistics were generated from 1997 National Automotive Sampling System data.

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Policy on Use of Standards vs. Focus conclusions about the manner of modified rollover warning label with Groups communication may therefore differ. two pictograms, short bulleted text and In the NPRM, NHTSA also raised the Given that agency labeling decisions are bright colors is dependent upon the type issue of the circumstances in which it highly dependent on the facts regarding of label used, the size of the label and is appropriate in its rulemaking not to the specific hazard being addressed, the the number of colors used. The agency follow standards established by agency will make case-by-case did not specify a print font face or size voluntary consensus standards determinations of the extent to which requirement for the new label, but organizations. The agency explained NHTSA should follow voluntary instead retained the current requirement that under the National Technology standards versus information from focus that the label be ‘‘legible, visible and Transfer and Advancement Act of 1995 groups and other sources. As it has in prominent’’ to the driver. Thus, the (NTTAA), Federal agencies must this rulemaking, NHTSA will rely on its agency believes that manufacturer consider and adopt the use of own expertise and judgement in making changes in label size will not add an ‘‘voluntary consensus standards’’ to its determinations under the NTTAA incremental cost to the present label. implement their ‘‘policy objectives or and the statutory provisions regarding However, the requirement for the new activities,’’ unless doing so would be vehicle safety standards. label to have black text on a yellow ‘‘inconsistent with applicable law or background and two black pictograms otherwise impractical.’’ A ‘‘voluntary VI. Rulemaking Analyses and Notices on a white background requires the use consensus standard’’ is defined as a Executive Order 12866 and DOT of three colors, and will add an technical standard developed or Regulatory Policies and Procedures incremental cost to the present adopted by a legitimate standards- requirement dependent upon the type of developing organization (‘‘voluntary Executive Order 12866, ‘‘Regulatory label used by the manufacturer. The consensus standards body’’). According Planning and Review’’ (58 FR 51735, agency estimates that incremental cost to NTTAA’s legislative history, a October 4, 1993), provides for making of the additional label colors could be ‘‘technical standard’’ pertains to determinations whether a regulatory as little as $0.01 and as much as $0.10 ‘‘products and processes, such as the action is ‘‘significant’’ and therefore per label, dependent upon the type of size, strength, or technical performance subject to Office of Management and label applied by the manufacturer. of a product, process or material.’’ Budget (OMB) review and to the Since new owner’s manuals are Further, a voluntary consensus requirements of the Executive Order. printed for each production year, the standards organization under the The Order defines a ‘‘significant agency believes minor changes to the NTTAA is one that produces standards regulatory action’’ as one that is likely manual text will not increase its cost. by consensus and observes the to result in a rule that may: Therefore, the total annual principles of due process, openness, and (1) Have an annual effect on the incremental cost of the new warning balance of interests. economy of $100 million or more or rollover labels is estimated to be Consistent with the NTTAA, NHTSA adversely affect in a material way the between $15,000 to $200,000. These requested comments on the extent to economy, a sector of the economy, figures are based on the assumption that which any final choice regarding colors productivity, competition, jobs, the average number of utility vehicles with and signal words should be guided by environment, public health or safety, or wheelbases less than 110 inches sold the focus group preferences instead of State, local, or Tribal governments or per year in the U.S. will continue to be the ANSI standard. NHTSA also communities; between 1.5 and 2 million per year. requested comments on the broader (2) Create a serious inconsistency or Since these costs are so minimal, a issue of the circumstances in which it otherwise interfere with an action taken separate regulatory evaluation has not would be appropriate for agency or planned by another agency; been prepared. rulemaking decisions to be guided by (3) Materially alter the budgetary Regulatory Flexibility Act focus group results or other information impact of entitlements, grants, user fees, when such information is contrary to a or loan programs or the rights and Pursuant to the Regulatory Flexibility voluntary consensus standard such as obligations of recipients thereof; or Act (5 U.S.C. 601 et seq., as amended by the ANSI standard. (4) Raise novel legal or policy issues the Small Business Regulatory The agency received little comment arising out of legal mandates, the Enforcement Fairness Act (SBREFA) of on this issue. In general, both President’s priorities, or the principles 1996) whenever an agency is required to manufacturers and consumer groups set forth in the Executive Order. publish a notice of rulemaking for any stated that while NHTSA should seek NHTSA has considered the impact of proposed or final rule, it must prepare and consider input from focus groups this rulemaking action under E.O. 12866 and make available for public comment and voluntary standards, the agency and the Department of Transportation’s a regulatory flexibility analysis that should rely on its own expertise and regulatory policies and procedures. This describes the effect of the rule on small judgment when making any regulatory rulemaking document was not reviewed entities (i.e., small businesses, small or policy decisions. Advocates and under E.O. 12866. Further, this action organizations, and small governmental Honda were concerned that focus has been determined to be not jurisdictions). However, no regulatory groups preferences were unscientific ‘‘significant’’ under the Department of flexibility analysis is required if the and unreliable and therefore, did not Transportation’s regulatory policies and head of an agency certifies the rule will believe too much emphasis should be procedures. not have a significant economic impact placed upon them. NHTSA believes that this rule will on a substantial number of small NHTSA recognizes that the ANSI’s result in a minimal cost to entities. SBREFA amended the mission in developing and issuing its manufacturers and consumers of utility Regulatory Flexibility Act to require standard for communicating vehicles with a wheel base of less than Federal agencies to provide a statement information about a comprehensive 110 inches since this rule only changes of the factual basis for certifying that a hierarchy of hazards differs somewhat the format of an existing label and rule will not have a significant

VerDate 03-MAR-99 18:06 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR4.XXX pfrm01 PsN: 09MRR4 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations 11733 economic impact on a substantial 12866, and (2) concerns an PART 571ÐFEDERAL MOTOR number of small entities. environmental, health or safety risk that VEHICLE SAFETY STANDARDS NHTSA has considered the impacts of NHTSA has reason to believe may have this rule under the Regulatory a disproportionate effect on children. If 1. The authority citation for part 571 Flexibility Act. I hereby certify that this the regulatory action meets both criteria, continues to read as follows: rule will not have a significant we must evaluate the environmental Authority: 49 U.S.C. 322, 30111, 30115, economic impact on a substantial health or safety effects of the planned 30117, and 30166; delegation of authority at number of small entities. As explained rule on children, and explain why the 49 CFR 1.50. above, NHTSA believes this rule will planned regulation is preferable to other 2. In § 571.208, in S4.5.1, revise the have minimal economic impact. potentially effective and reasonably heading for paragraph (b) and revise feasible alternatives considered by us. Paperwork Reduction Act paragraph (b)(3) to read as follows: This rule is not subject to the Under the Paperwork Reduction Act § 571.208 Standard No. 208; Occupant Executive Order because it is not crash protection. of 1995, a person is not required to economically significant as defined in respond to a collection of information E.O. 12866, and does not have a * * * * * by a Federal agency unless the disproportionate effect on children. S4.5.1 * * * collection displays a valid OMB control number. The OMB Clearance number National Technology Transfer and (b) Sun visor air bag warning label. for the utility vehicle label (49 CFR Advancement Act * * * * * 575.105) is 2127–0049. NHTSA has Section 12(d) of the National (3) Except for the information on an considered the impact of the changes Technology Transfer and Advancement air bag maintenance label placed on the required by today’s rule and determined Act of 1995 (NTTAA), Public Law 104– visor pursuant to S4.5.1(a) of this that they will not have any affect on the 113, section 12(d) (15 U.S.C. 272) standard, or on a utility vehicle label total burden hours imposed on the directs us to use voluntary consensus placed on the visor pursuant to 49 CFR public by 49 CFR 575.105. standards in its regulatory activities 575.105(d)(1), no other information shall appear on the same side of the sun National Environmental Policy Act unless doing so would be inconsistent with applicable law or otherwise visor to which the sun visor air bag NHTSA has also analyzed this rule impractical. Voluntary consensus warning label is affixed. Except for the under the National Environmental standards are technical standards (e.g., information in an air bag alert label Policy Act and determined that it will materials specifications, test methods, placed on the visor pursuant to S4.5.1(c) not have a significant impact on the sampling procedures, and business of this standard, no other information human environment. practices) that are developed or adopted about air bags or the need to wear seat Executive Order 12612 (Federalism) by voluntary consensus standards belts shall appear anywhere on the sun bodies, such as the Society of visor. NHTSA has analyzed this rule in * * * * * accordance with the principles and Automotive Engineers (SAE). The NTTAA directs us to provide Congress, criteria contained in E.O. 12612, and PART 575ÐCONSUMER through OMB, explanations when we has determined that this rule will not INFORMATION REGULATIONS have significant federalism implications decide not to use available and to warrant the preparation of a applicable voluntary consensus 3. The authority citation for part 575 Federalism Assessment. standards. continues to read as follows: We reviewed all relevant American Civil Justice Reform Authority: 49 U.S.C. 322, 30111, 30115, National Standards Institute (ANSI) 30117, and 30166; delegation of authority at This rule will not have any retroactive standards as part of developing the 49 CFR 1.50. effect. Under 49 U.S.C. 30103, whenever labeling and information requirements 4. Section 575.105 is revised to read a Federal motor vehicle safety standard that are the subject of this document. To as follows: is in effect, a State may not adopt or the extent consistent with our maintain a safety standard applicable to authorizing legislation, we used the § 575.105 Vehicle rollover. the same aspect of performance which following voluntary consensus standard (a) Purpose and scope. This section is not identical to the Federal standard, in developing the labeling and requires manufacturers of utility except to the extent that the state information requirements: vehicles to alert the drivers of those requirement imposes a higher level of • American National Standard vehicles that they have a higher performance and applies only to Institute (ANSI) standard for product possibility of rollover than other vehicle vehicles procured for the State’s use. 49 safety signs and labels (ANSI Z535.4). types and to advise them of steps that U.S.C. 30161 sets forth a procedure for List of Subjects can be taken to reduce the possibility of judicial review of final rules rollover and/or to reduce the likelihood establishing, amending or revoking 49 CFR Part 571 of injury in a rollover. Federal motor vehicle safety standards. (b) Application. This section applies Motor vehicle safety, Reporting and That section does not require to utility vehicles. recordkeeping requirements, Tires. submission of a petition for (c) Definitions. reconsideration or other administrative 49 CFR Part 575 Utility vehicles means multipurpose proceedings before parties may file suit passenger vehicles (other than those Consumer protection, Labeling, Motor in court. which are passenger car derivatives) vehicle safety, Reporting and which have a wheelbase of 110 inches Executive Order 13045 recordkeeping requirements, Tires. or less and special features for Executive Order 13045 (62 FR 19885, In consideration of the foregoing, occasional off-road operation. April 23, 1997) applies to any rule that: NHTSA amends chapter V of Title 49 of (d) Required information. (1) Rollover (1) Is determined to be ‘‘economically the Code of Federal Regulations as Warning Label. (i) Except as provided in significant’’ as defined under E.O. follows: paragraph (d)(2) of this section, each

VerDate 03-MAR-99 18:06 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR4.XXX pfrm01 PsN: 09MRR4 11734 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations vehicle must have a label permanently of the air bag warning label and the ROLLOVER WARNING affixed to either side of the sun visor, at labels may not be contiguous. Flip Visor Over the manufacturer’s option, at the (2) Alternate location for warning (ii) The label must be black with driver’s seating position. The label must label. As an alternative to affixing the yellow text. conform in content, form and sequence warning label required by paragraph (iii) The label must be no less than 20 to the label shown in Figure 1 of this (d)(1)(i) of this section to the driver’s square cm. section, and must comply with the sun visor, a manufacturer may (4) Owner’s Manual. The owner’s following requirements: permanently affix the label to the lower manual must include the following (A) The heading area must be yellow, statements and discussions: with the text and the alert symbol in rear corner of the forwardmost driver’s side window. The label must be legible, (i) The statement ‘‘Utility vehicles black. have a significantly higher rollover rate (B) The message area must be white visible and prominent to a person next than other types of vehicles.’’ with black text. to the exterior of the driver’s door. (C) The pictograms must be black (ii) A discussion of the vehicle design (3) Rollover Alert Label. If the label features which cause this type of with a white background. required by paragraph (d)(1) of this (D) The label must be appropriately vehicles to be more likely to rollover section and affixed to the driver side (e.g., higher center of gravity); sized so that it is legible, visible and sun visor is not visible when the sun prominent to the driver. (iii) A discussion of the driving visor is in the stowed position, an alert (ii) When the rollover warning label practices that can reduce the risk of a required by paragraph (d)(1)(i) of this label must be permanently affixed to rollover (e.g., avoiding sharp turns at section and the air bag warning label that visor so that the label is visible excessive speed); and required by paragraph S4.5.1(b) of 49 when the visor is in that position. The (iv) The statement: ‘‘In a rollover CFR 571.208 are affixed to the same side alert label must comply with the crash, an unbelted person is of the driver side sun visor, the rollover following requirements: significantly more likely to die than a warning label must be affixed to the (i) The label must read: person wearing a seat belt.’’ right (as viewed from the driver’s seat) BILLING CODE 4910±59±P

Figure 1 to § 575.105

Issued: March 3, 1999. Ricardo Martinez, Administrator. [FR Doc. 99–5735 Filed 3–5–99; 8:45 am] BILLING CODE 4910±59±C

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DEPARTMENT OF THE INTERIOR Interior through the Director of the carrying out on tribal lands any or all of National Park Service (NPS). As of the those functions previously assigned to National Park Service date of publication of this rulemaking, State Historic Preservation Officers. all 59 States (as defined by the Act) Indian tribes can use (and to date 17 36 CFR Part 61 participate as do more than 1,100 local tribes have used) the statutory language RIN 1024±AC44 governments and 17 tribal governments. of that amendment and the existing The tribal sections (currently reserved) regulatory framework set out in this rule Procedures for State, Tribal, and Local of this rule, which will address more and in related regulations to assume Government Historic Preservation particularly the needs of tribes those formal responsibilities. Sections Programs participating in this program, may 61.8 and 61.9 of this rule (currently eventually lead to the participation in AGENCY: National Park Service, Interior. reserved) will address in more detail the the national historic preservation process for tribal assumption of program ACTION: Final rule. program of the more than 300 federally responsibilities. These two sections will SUMMARY: Through this rule, the recognized Indian tribes. NPS is also be used to implement the statutory National Park Service (NPS) revises responsible for providing national mandate for providing greater flexibility requirements (and the description of its standards, guidance, and technical in the application of statutory and own administrative procedures) for assistance to the State, tribal, and local regulatory requirements to tribal State, tribal, and local historic historic preservation programs programs, in order to accommodate preservation programs carrying out participating in the national historic tribal values to the greatest extent actions under the National Historic preservation program. NPS also feasible. Preservation Act of 1966, as amended. provides quality control for the Sections 61.8 and 61.9 which are Many revisions derive from the 1992 activities funded by the Historic currently under development by NPS amendments to the National Historic Preservation Fund grants-in-aid and will be issued for general review and Preservation Act. Other changes reduce matching monies. The responsibility for comment in the Federal Register and the regulatory burden on, and provide most decision making in the State, eventually issued for effect. In addition more flexibility to, State, tribal, and tribal, and local government programs to those sections, other changes to this local historic preservation programs in and the selection of specific projects rule may be proposed in further response to the President’s Regulatory and activities lies largely with each recognition of the role of tribes in this Reinvention Initiative and Executive State, tribal, and local government based program and will be issued for review Order 12866. Still others are made in on its particular needs. Public and comment within the Federal recognition of the changing and participation is a crucial part in guiding Register at an appropriate time for maturing professional practice of the course of this national historic public consideration and comment. In historic preservation nationwide. preservation program. developing § 61.8, § 61.9, and other This revision to 36 CFR part 61 is DATES: changes to the rule, NPS will consult This rule is effective on June 7, needed as the former regulation with the tribes already participating in 1999. (promulgated in 1984) became the program and with other interested FOR FURTHER INFORMATION CONTACT: John outmoded due to changes in statute and parties. W. Renaud, 202–343–1059, FAX 202– the natural evolution of the national l 343–6004, John [email protected] (E- historic preservation program. The The 1992 amendments to the Act also mail). National Historic Preservation Act included a more formal recognition SUPPLEMENTARY INFORMATION: Amendments of 1992 (Title XL of Pub. (within the breadth of programs authorized by the Act) of properties of Background L. 102–575) made a number of substantive as well as technical changes traditional religious and cultural 36 CFR part 61 is promulgated to the subject matter covered by these importance to Indian tribes or Native pursuant to the National Historic rules. Through day-to-day Hawaiian organizations. It is the intent Preservation Act of 1966, as amended, administration of the program, as well of this rule to ensure that, to the extent (16 U.S.C. 470 et seq.) which creates the as through communication with feasible, State and local governments national historic preservation program, partners in the national historic operating under this rule identify, which is a partnership among Federal, preservation program, NPS has become evaluate and protect these unique State, tribal, and local governments, aware of the need for other changes to classes of properties in consultation nonprofit and for profit organizations, these rules. with Indian tribes and Native Hawaiian and individual citizens. The Act also One of the significant policy changes organizations in activities listed in provides funding for this partnership made to the Act in the 1992 section 101(b)(3) of the Act for States through the Historic Preservation Fund. amendments directed a substantive and and section 101(c) of the Act for local This partnership is dedicated to the meaningful role for Indian tribes within governments. preservation of historic properties (as the national historic preservation Revision of 36 CFR part 61 is the defined by the Act) nationwide which program. The United States has a appropriate means to resolve many of provide the foundation of our Nation’s unique legal relationship with Indian these issues. The national historic rich and irreplaceable heritage. Through tribes set out in the Constitution of the preservation program has grown in this partnership, the vital legacy of United States as well as in treaties, competency, responsibility, and cultural, educational, aesthetic, statutes, and Federal court decisions. accountability over the years. There also inspirational, and economic benefits of The full participation of tribes within has been a maturation in the our patrimony is maintained and the national historic preservation professional practice of historic enriched for future generations of program is a national policy goal and is preservation nationwide. By placing Americans. 36 CFR part 61 provides the recognized within this rule. more reliance on State, tribal, and local regulatory framework for voluntary Pursuant to the 1992 amendments to governments, by eliminating participation by State, local, and tribal the Act, Indian tribes can be approved unnecessary detail and procedures, and governments in this national program by the Secretary of the Interior to by expressing a more flexible oversight administered by the Secretary of the assume formal responsibility for philosophy, these revisions to 36 CFR

VerDate 03-MAR-99 18:21 Mar 08, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR5.XXX pfrm01 PsN: 09MRR5 Federal Register / Vol. 64, No. 45 / Tuesday, March 9, 1999 / Rules and Regulations 11737 part 61 can reduce the need for a future Solicitor’s Office pointed out that the Response: NPS disagrees. To require rulemaking. definition of ‘‘State program’’ in all disciplines cited in the Act would be The penalties for noncompliance as § 61.2(e) of the proposed rule leaves out an unnecessary burden for State specified in this rulemaking include statutory elements of a State program as programs in many instances given State revoking the approved program status of described in section 101(b) of the Act. resources, historic preservation needs, any noncompliant party as mandated by We have revised the definition and program emphases. NPS expects statute. The regulation also recognizes accordingly. each SHPO to fill professional positions government-wide requirements for as necessary to balance historic Federal grants that include penalties (for Requirements for Certified Local property, customer or constituent, and noncompliance with the terms of such Government Historic Preservation historic preservation needs of the State grants) ranging from increased oversight Review Commissions, State Historic and to obtain expertise in disciplines as and reporting, to recovery of Federal Preservation Program Staff, and State appropriate. funds, to suspension from the grant Historic Preservation Review Boards Comment: Three people expressed the program until requirements are met. Comment: The largest number of view that there should be no specific Monitoring these regulatory comments received (15 in total) required disciplines for either State staff requirements is accomplished through a supported making a specific discipline or Review Board mandated in periodic review of programs; with (or disciplines) a requirement for each §§ 61.4(e)(1) and (f)(1). quality control of documents such as State’s historic preservation program Response: NPS disagrees. As stated nominations to the National Register of staff (State staff) in § 61.4(e)(1) and/or above, it is the position of NPS that a Historic Places and Federal Historic for each State’s Historic Preservation common national baseline of historic Preservation Tax Incentive applications Review Board (Review Board) in preservation professionals on each State that are forwarded by the State to NPS; § 61.4(f)(1). Some commenters objected staff and Review Board is needed. This and, by evaluation of standard reports to the proposed elimination of specific position was reached after detailed on measures and accomplishments mandatory disciplines while other consultations with State Historic made using Federal grant money. commenters proposed that new Preservation Officers over a period of 36 CFR part 61 provides the general disciplines be added as requirements. several years. Comment: Two commenters thought procedural framework for State, local, The proposal to eliminate Architecture that only the disciplines of History, and tribal historic preservation and Prehistoric and Historic Archeology Architectural History, and Prehistoric or programs. Procedures can be found as requirements were most commonly Historic Archeology could be elsewhere for specific activities carried mentioned. Additionally, the suggestion represented on a State program’s staff or out by those programs and referred to in for State staff and Review Boards to Review Board, and that no other this document; e.g., 36 CFR part 60 for have professional expertise in the National Register of Historic Places discipline could be allowed. They traditional cultural resources was and 36 CFR part 67 for Federal Historic concluded that this would mean a State promoted by a number of commenters Preservation Tax Incentives. National program would be without expertise in especially for States in which there are standards and guidance on general many essential areas. They also objected extensive concentrations of such topics of applicability such as survey, to the apparent position held by NPS resources. planning, treatment of historic that other disciplines are not as valuable properties, and professional Response: It is the position of NPS as the required disciplines. qualifications can be found in ‘‘the that full-time State staff and Review Response: Sections 61.4(e) and 61.4(f) Secretary of the Interior’s Standards and Board member professional proficiency have been revised to make clear that the Guidelines for Archeology and Historic in History, Architectural History, and required disciplines are not the only Preservation’’ that can be obtained from either Prehistoric or Historic Archeology disciplines that can or should be NPS. is needed to provide a common national represented in the ‘‘professional baseline given the frequency with which positions.’’ This rule, however, does not Comments on and Revisions to the all State programs deal with certain designate which additional disciplines Proposed Rule repetitive classes of historic properties to select. It is the position of NPS that This section summarizes and (as defined by the Act). Experience has each SHPO knows best what additional responds to comments received by NPS shown that other disciplines may well disciplines are needed to meet its in response to the proposed revisions to be needed by some State programs but particular needs and resources. 36 CFR part 61 published in the Federal not by all State programs, and not Furthermore, the fact that certain Register on October 2, 1996 (61 FR necessarily full time. For example, disciplines are minimum regulatory 51536). This section summarizes those traditional cultural properties expertise requirements for State staffs and Review comments and is organized by general would be appropriate in a State with Boards does not mean that those subject matter. Citations to the large concentrations of such properties. disciplines are necessarily more critical applicable part of the proposed rule are In States where this is not the case, this than the other disciplines in a specific provided. Changes made as a result of expertise may be less of a concern. State. the comments are minor and clarify These determinations are best made by Comment: One commenter thought rather than substantively change the the State Historic Preservation Officer that for a Certified Local Government’s proposed rule. This eliminates the (SHPO) and not by NPS through this (CLG’s) historic preservation review normal need to repeat in this document rule. However, NPS expects each SHPO commission (Commission) to meet the the section-by-section rationale for the to maintain a State staff and Review requirements of § 61.6(e)(2)(i), every changes made to the 1984 rule. The Board appropriate to the historic discipline listed in ‘‘the Secretary’s Section-by-Section Analysis in the properties (as defined by the Act) in that (Historic Preservation) Professional preamble to the proposed rule remains State. Qualifications Standards’’ would have an accurate description of the rationale Comment: Two commenters stated to be represented on the Commission. for the detailed changes except where that all disciplines listed in the Act Response: This is not the case. The modified in this document. For should be required on every State staff Act requires that professional example, the Department of the Interior and Review Board. membership on a Commission be drawn

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It is at the discretion of Review Board member have a Response: NPS agrees and language each SHPO as expressed in the demonstrated ‘‘interest, competence, or has been added to make clear that each Statewide local government certification knowledge in historic preservation’’ Review Board should meet as often as procedures, how many and which meant that all Review Board members necessary to meet national historic disciplines should be represented on must be ‘‘historic preservation preservation statutory and regulatory each Commission. practitioners’’ who meet ‘‘the requirements. Comment: One person asked, Secretary’s (Historic Preservation) Comment: Another individual concerning § 61.4(f)(1), who within each Professional Qualifications Standards’’ expressed concern about the proposed State has the authority to select the for the discipline of ‘‘Historic change in § 61.4(f)(3) to extend from six professional disciplines (beyond the Preservation.’’ months to one year the time period in requirements set by this rule) for the Response: There is no such which a vacancy on a Review Board Review Board. requirement. could exist prior to NPS intervention. Response: The SHPO, pursuant to Comment: One commenter suggested Response: The rule change parallels Section 301(12)(A) of the Act, has the that ‘‘as appropriate’’ be added to the move in § 61.4(f)(4) to a one Review authority to select the professional § 61.6(e)(2)(i) to ensure that a Board meeting per year minimum. If a disciplines unless State law specifies to ‘‘professional’’ would not be appointed Review Board meets only once a year, the contrary. to a Commission just because he or she a ten-month-long vacancy between Comment: Three individuals stated is the only professional available in the meetings would not necessarily be that the alternative composition community. problematic. Note, however, that the provisions of §§ 61.4(e)(2) and (f)(2) are Response: This rule does not require rule retains the requirement that a unnecessary given how easy it is to meet a CLG to limit its Commission vacancy be filled in a ‘‘timely’’ fashion. the basic requirements for State staff membership selection criteria to the NPS would expect a more rapid and Review Board professional Federal minimum requirements, response to a vacancy from a State that membership. holds quarterly Review Board meetings. Response: NPS disagrees. The provided that its additional selection alternative composition provisions criteria are not inconsistent with the Other State and Local Program Issues remain necessary and appropriate in purposes of the Act and Statewide Comment: One commenter raised the allowing flexibility for State programs. procedures. question as to whether municipalities In addition, Indian tribes are currently Comment: One person thought that were meant to be included in using this regulatory framework for the provision in § 61.6(e)(2)(ii) matching § 61.4(b)(4) as part of ‘‘any qualified assuming historic preservation Commission membership requirements nonprofit organization, educational responsibilities parallel to some or all to those for the Review Board was too institution, or otherwise pursuant to State Historic Preservation Officer restrictive because in many States, State law’’ regarding a SHPO’s ability to duties. The alternative composition Commissions and Review Boards have carry out activities via contract or provisions offer very important very different (although overlapping) cooperative agreement. If so, the flexibility for accommodating these new responsibilities. commenter suggests that this is in tribal programs that vary greatly in their Response: NPS agrees and has conflict with § 61.6(f)(1) which prohibits scope, size, and focus. Section 61.8, modified the language of the rule SHPOs from delegating the authority to currently under development, will accordingly to place an emphasis on nominate properties directly to the expand on these provisions for tribal local needs and functions for State National Register. programs. procedure requirements relating to Response: A SHPO may use third Comment: One person asked what Commission membership. parties, including municipalities, to constitutes ‘‘demonstrated competence, Comment: Two commenters carry out aspects of the National interest, or knowledge in historic expressed concern that requiring only Register process, but may not delegate preservation’’ as specified in § 61.4(f)(1), three disciplines on each Review Board the authority to nominate properties how this is documented, and expressed means that only those three disciplines directly to the National Register. This concern that this requirement is in could be professional members of the section provides flexibility to each conflict with a State law that requires Commission pursuant to § 61.6(e)(2). SHPO, but does not allow the SHPO to that only a majority of members have Response: State programs and local divest himself or herself of statutory such ‘‘demonstrated competence, offices can, and often do, set additional authorities and responsibilities. NPS has interest, or knowledge in historic membership requirements that are added language to clarify this point. preservation.’’ responsive to particular State and local Comment: One person found it Response: Any ‘‘professional’’ needs and issues. Nothing in this rule problematic that Federal and State meeting ‘‘the Secretary’s (Historic prohibits a CLG from appointing to its requirements for Commissions might Preservation) Professional Commission more than the minimally not be stringent enough to justify Qualifications Standards’’ automatically required number or types of conducting certain SHPO meets the ‘‘demonstrated competence, professional members. responsibilities through a CLG pursuant interest, or knowledge’’ test. For other Comment: Two commenters to § 61.6(d) if that CLG only meets the Review Board members, NPS expects expressed concern that reducing the minimum requirements specified in each SHPO to use a rule of minimum number of Review Board § 61.6(e). reasonableness to determine whether a meetings from three to one a year Response: It is each SHPO’s person has competence, interest, or (§ 61.4(f)(4)), would make it more responsibility to ensure that a CLG has knowledge in historic preservation. For difficult for a State historic preservation adequate capacity to carry out any the programs and activities subject to office to justify State budgetary additional responsibilities. this rule, the provisions of 36 CFR part authority for additional meetings Comment: Two commenters opposed 61 take precedence over conflicting necessary to carry out Review Board the option in § 61.4(b)(3) to waive the State law. responsibilities. Of particular concern face-to-face meeting requirement for the

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Review Board (or a Commission acting elected local official (as the this comment) on the use and for the Review Board) in considering a community’s representative) is limitations of such ‘‘negative’’ surveys National Register nomination because important in waiving a community’s are more appropriately addressed, NPS they believe face-to-face meetings are an right to an open and public believes, in a different venue; e.g., ‘‘the important part of the National Register consideration of a property’s Secretary’s Standards and Guidelines and public participation process. nomination to the National Register. for Identification’’ or similar technical Response: NPS recognizes the value Comment: One person requested that publications. inherent in a face-to-face discussion of the rule provide detailed technical Comment: One person stated that the any nomination to the National Register. guidance about how the National SHPO may not have authority to ensure Therefore this provision is optional and Register-related public participation that CLG survey and inventory data can be used only when all parties provisions of § 61.4(b)(3) should be ‘‘can be readily integrated into . .. (including the chief elected local official carried out by interested SHPOs, Review local planning processes’’ as stated in as the representative of the general Boards, and Commissions. § 61.6(e)(3). public) consent to waive the face-to-face Response: NPS agrees with the need Response: The chief elected local meeting. for technical guidance. However, the official’s signature on the CLG Comment: Six commenters opposed technical guidance does not need to be certification agreement carries with it a the options provided in § 61.4(b)(3) to presented as part of this rule. NPS commitment to follow the Federal and allow broader CLG participation in the intends to prepare this technical State requirements for the CLG program. National Register process because they guidance in consultation with affected Also, this rule does not require the believe that many CLGs may not be parties and to issue it as soon as actual integration into local systems— interested in, qualified for, or possible. clearly a local decision—but rather that sufficiently objective to take the place of Comment: Four comments stated that the data are in a format compatible with the Review Board in reviewing State survey and inventory data the local planning process(es). nominations. They expressed concern (§ 61.4(b)(2)) which includes Comment: One person expressed that the National Register process could information on the absence of National concern that § 61.6(e)(1) seemed to be be compromised. Register eligible properties or on highlighting regulatory tools for local Response: Even if a SHPO chooses to properties for potential future historic preservation programs rather offer this option, if a CLG is not nomination to the National Register are than encouraging non-regulatory interested in participating more broadly wasteful and could lead to restriction of approaches to historic preservation. in the National Register process, nothing private property rights. Response: These provisions for CLG in this rule would compel it to do so. Response: NPS disagrees. Typically, requirements follow the Act which However, in those situations in which a though not a focus of all surveys, specifically sets forth the use of CLG has so requested, it must meet all gathering and keeping data on ‘‘no regulatory tools by mandating that CLGs applicable program criteria thus properties found’’ (i.e., areas which must enforce appropriate State and local ensuring minimum levels of include properties that are not National legislation for the ‘‘designation’’ and professional credibility and Register eligible) is ultimately highly ‘‘protection’’ of historic properties (see accountability. The integrity of the cost effective. This information reduces section 101(c)(4) of the Act). However, National Register process is protected the need for costly re-surveys to plan for nothing in this rule should be also by the appeals process specified in both public and private projects. There interpreted to advocate only regulatory 36 CFR part 60. Note that section is no evident reduction of property approaches to historic preservation at 101(c)(2) of the Act sets parameters for rights due to this provision because any level of government. CLG participation in the National neither the Act nor this rule gives the Tribal Issues Register process. SHPO the authority to carry out surveys Comment: One person suggested that on private land without owner Comment: One person wondered why the provision in § 61.4(b)(3) requiring permission. Furthermore, a property the tribal sections of the rule were owner consent to waive a public cannot be listed on the National Register reserved and suggested that information meeting for the Review Board (or if the private property owner (or be provided explaining the status of this Commission) review of a National majority of owners for districts) objects. material. Register nomination conflicts with the Comment: One person suggested Response: NPS believes that it is owner objection provisions in section changing the phrase ‘‘absence of historic premature to provide language (either 101(a) of the Act regarding district properties’’ in § 61.4(b)(2) to ‘‘absence of inclusive or exclusive) in this nominations. particular kinds of properties’’ because rulemaking that provides regulatory Response: NPS disagrees. NPS a finding of no historic properties in an interpretation of the statutory mandate believes that there is no inconsistency area may have been based only upon a to establish tribal programs under because the subject matter is different; particular class or type or survey, but be section 101(d) of the Act. Preliminary i.e., whether to waive a public hearing misconstrued to mean that there are no consultation with the tribes and other for considering National Register historic properties of any kind. For interested parties is now underway but eligibility (in this case) versus whether example, in a survey for a particular has not yet been completed, and the historic properties should be listed in class or type of resources (e.g., Federal Register review and comment the case of district nominations. archaeology only or bridges only), other process must still be undertaken. Comment: Four people asserted that kinds of historic properties resources Comment: One person asked what requiring consent from the chief elected would not necessarily be identified. impact this rulemaking will have on the local official for the waiver of the Response: While NPS agrees, development of procedures for tribal requirement for a public meeting as changing the rule would weaken the historic preservation programs under stated in § 61.4(b)(3) is unnecessary and point of this provision which is to section 101(d) of the Act. Concern was could be eliminated or, alternatively, highlight the cost-effectiveness and expressed that the State and local replaced by a notification. usefulness for planning purposes of requirements contained in this rule Response: NPS disagrees. NPS knowing that there is no historic would either limit or predetermine the believes that the consent of the chief property in the area. Reminders (such as direction of tribal program procedures.

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Response: This rulemaking will not Comment: One person suggested comparable independent, objective, and constrain or predetermine the changing the term ‘‘Native Alaskan knowledgeable oversight, analysis, and development of tribal procedures corporations’’ to ‘‘Native Alaskan review that inspires confidence that because section 101(d) of the Act calls groups.’’ government-wide and Act-specific audit for flexibility and modifications to Response: NPS cannot adopt this and management requirements are being accommodate tribal settings. Any suggestion. The term ‘‘corporation’’ met. requirement for State programs is comes directly from the definition of Comment: One person opposed subject to modification for tribal Indian tribe in section 301(4) of the Act eliminating the requirement that each programs in accordance with rules which in turn is based on the SHPO make an annual certification that under NPS development. definitions in section 3 of the Alaska it has a fully qualified staff and Review Comment: One person recommended Claims Settlement Act (43 U.S.C. 1602). Board because, in the commenter’s exempting tribes from State Historic National Park Service (NPS) Roles opinion, SHPOs may not always inform Preservation Officer responsibilities NPS when there is a vacancy. specified in this rule. Comment: Five commenters Response: The former regulatory expressed concern about the Response: The position of NPS is that requirement is redundant. The annual appropriateness of, and/or the lack of, a such a blanket exemption for the tribes grant agreement (executed between NPS precise explanation in § 61.3(a) of is neither appropriate nor consistent and each State participating in the ‘‘management by exception’’ for the with the intent and meaning of the Act. national program) includes as a administration of historic preservation By law, State historic preservation condition for receiving the grant award programs under the Act. the mandate that the State program program requirements provide a point of Response: ‘‘Management by meets and will continue to meet all of reference in the establishment of tribal exception’’ is the preferred policy the applicable requirements of the Act historic programs under section 101(d) approach of NPS in administering the and this rule. of the Act. In furtherance of the national historic preservation program. Comment: One person suggested requirements of section 101(d) of the It presumes that State, tribal, and local amending ‘‘appropriate action’’ to Act, § 61.8 of this rule (currently programs are being administered in an ‘‘suspension of approved status’’ in reserved and under development in accountable fashion in meeting all §§ 61.4 (e) and (f) regarding the result of consultation with the tribes) will applicable government-wide NPS intervention when a vacancy has propose significant flexibility for tribal requirements unless proved to the not been filled in a timely fashion. programs by allowing for the case-by- contrary. A management-by-exception case waiver or modification of approach uses oversight and analysis of Response: NPS disagrees. NPS needs requirements in the Act and its systems and quality control processes the flexibility to take a range of attendant regulations in order to rather than an in-depth, project-by- administrative steps (which might accommodate tribal values to the project approach. NPS has adopted this include suspension of approved status) greatest extent feasible. In the management policy wherever warranted to fit each situation. meantime, tribes already choosing to in recognition of both the growing Comment: One person thought that it participate in the national program can maturation of the national program, as is inconsistent to say in § 61.4 that State avail themselves of the provisions of well as changing Administration and program reviews would take place at § 61.4 that allow for case-by-case Congressional directives concerning the least once every four years but more approval of various program relationship between the Federal often if the Secretary deems necessary. alternatives, as well as the provisions of Government and State, tribal, or local Response: This confuses the § 61.10 that allow for case-by-case governments. However, whenever minimum frequency of review of each waiver of those requirements of this rule situations warrant, NPS can, and will, State that must take place with the not otherwise required by statute or apply more rigorous oversight to ensure possible number of reviews that can other regulation and as long as the that requirements are met. take place. The Act requires an purposes, conditions, or requirements of Comment: One person expressed the evaluation at least once every four years. the Act would not be compromised. view that NPS is sometimes too Government-wide grant procedures Comment: Another concern expressed responsive to SHPO views and does not authorize, and good management was that no definition of ‘‘tribal historic hear the concerns of the State’s clients. demands, an evaluation whenever the preservation program’’ or ‘‘tribal Response: NPS makes every effort to situation merits it. program’’ is included in this serve equally each member of the Comment: One person stated that the rulemaking. national partnership in administering current State program reviews were not Response: Again, these definitions the national historic preservation frequent enough to address adequately will be developed as part of the program and considers all constituent serious problems. consultation process for drafting the comments. Oversight and accountability Response: NPS disagrees. Nothing in regulations for the tribal preservation are not affected by our long-standing the current system prevents NPS from programs and as such will be added to relationship with the State historic undertaking a State program review this rule at a later date. preservation programs. whenever it believes one is warranted. Comment: One person suggested Comment: Two people asked for Comment: One person suggested that adding section 101(d) to the other clarification of ‘‘independent peer explicit time frames be added for the referenced sections of the Act in review’’ in § 61.3(a) as applied to a various stages of the State program § 61.2(a) of this rule. State, tribal, or local government review process. Response: NPS agrees with the substituting its own fiscal audit and Response: NPS disagrees. NPS needs importance of section 101(d), but not management systems for comparable the regulatory flexibility to tailor with referencing it in § 61.2 of this rule. requirements set by the Secretary. schedules to specific situations. Section 61.2 is the ‘‘definitions’’ section Response: ‘‘Independent peer review’’ Comment: One person wondered of this rule and, unlike the other is defined as a review carried out by what would constitute ‘‘a major program referenced sections of the Act, section entities (public or private) who are not inconsistency with the Act’’ that would 101(d) contains no definitions. a part of NPS but who can provide be sufficient to suspend a State

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Refusal to must meet ‘‘the Secretary’s (Historic participation of not only the Federal but carry out statutory requirements, a Preservation) Professional also State, tribal, and local governments; pattern of gross negligence, and illegal Qualifications Standards.’’ Note that the the not-for-profit as well as the for-profit use of grant funds are among the factors grandfather provision in § 61.3(c) has sector; and, individual citizens. that could contribute to a program’s been modified to account for changes to Comment: One person suggested that suspension or termination. However, these Standards. Note also that the name the role of CLGs in the section 106 the determination of ‘‘a major program of the Standards will officially change to process be described in § 61.6(e)(1). inconsistency’’ must be done on a case- ‘‘the Secretary of the Interior’s Historic Response: This suggestion was not by-case basis. Preservation Professional Qualifications Comment: Three people stated that considered because that responsibility is Standards’’ when they are issued in the more appropriately addressed by the § 61.6(c) should be changed to allow Federal Register. To signal this SHPOs with approved programs and Advisory Council on Historic forthcoming change, ‘‘Historic Preservation through 36 CFR part 800. NPS-certified CLG criteria and Preservation’’ is placed in parentheses procedures to certify CLGs without NPS as part of the current title of the Comment: One person suggested concurrence. Standards in this rulemaking. quoting in § 61.6(f) the text of section Response: NPS does not have the Comment: One person suggested 101(c)(2) of the Act concerning National statutory authority to do this. The dual restoring to this rule all statutory Register nominations within the certification by the SHPO and NPS definitions, Standards, and regulatory jurisdiction of a CLG. (acting for the Secretary) is specifically material that in the former rule were Response: NPS believes that the cross required by section 101(c)(1) of the Act. quoted verbatim. reference is sufficient. Comment: One person further Response: Repetition of standards or Public Participation suggested changing § 61.6(e)(5) to vest statutory and regulatory material would SHPOs with the sole authority for an make this rule unwieldy to use and is It is the policy of the Department of involuntary decertification of a CLG. unnecessary at this point in the the Interior, whenever practicable, to Response: NPS disagrees. program’s history. These materials are afford the public an opportunity to Decertification procedures must widely available and known to participate in the rulemaking process. generally parallel those for the customers. Nevertheless, NPS has Accordingly, the National Park Service certification of qualified local included in § 61.6(e)(1) the CLG (NPS) consulted extensively with State governments. program definitions for ‘‘designation’’ and local historic preservation programs Terminology, Definitions, and and ‘‘protection’’ because they are prior to publishing the proposed References relatively new and represent a revisions to the rule for general review significant statutory addition to CLG and comment in the Federal Register Comment: Two commenters asked for requirements. clarification, in § 61.3(b), of the (61 FR 51536) concerning which NPS Comment: One person suggested that received 38 comments. All regulatory force of the ‘‘Secretary of the in light of the elimination of the former Interior’s Standards and Guidelines for governmental members of the national Appendix B (the list of SHPO historic preservation partnership rely Archeology and Historic Preservation.’’ addresses), the regulation identify a Response: NPS has added language to upon the public to help guide and central source to locate information. otherwise assist in the functions of their the rule to clarify two aspects of this Response: NPS agrees and have added issue. NPS will use the Standards set historic preservation programs. appropriate language. Consequently, NPS encourages public forth in the ‘‘Secretary of the Interior’s Comment: Two people found the Standards and Guidelines for participation in all of the programs references in this rule to the National under the purview of this rule. NPS Archeology and Historic Preservation’’ Register Programs Guideline (NPS–49) as technical performance standards for welcomes comments at any time from confusing without further explanation. any interested person concerning the matters covered by 36 CFR part 61. NPS Response: NPS agrees and has direction, administration, oversight, or may also use as technical performance replaced them with more general any other aspect of these programs. standards (for matters covered by this references to NPS administrative Interested parties should send written part) additional guidance provided from guidance. comments regarding these programs to time to time by NPS after appropriate Comment: One person suggested Heritage Preservation Services, National consultation and notice. This additional replacing ‘‘cultural resource’’ with Center for Cultural Resource guidance may include, but is not limited ‘‘historic resource’’ or ‘‘historic Stewardship and Partnership Programs, to, selected Guidelines set forth in the property’’ to be consistent with the Act. ‘‘Secretary of the Interior’s Standards Response: NPS has adopted this National Park Service, 1849 C Street, and Guidelines for Archeology and suggestion and used the term ‘‘historic NW (NC Suite 200), Washington, D.C. Historic Preservation.’’ property’’ as defined in section 301 of 20240 or via the National Park Service Comment: Another person asked what the Act except where quoting the Act. Home Page for cultural programs at is the relationship between the current Comment: One person suggested http://www.cr.nps.gov. initiative of NPS to revise ‘‘the adding to § 61.2 a definition of Drafting Information: The primary Secretary’s (Historic Preservation) ‘‘partnership.’’ author of this rule is John W. Renaud, Professional Qualifications Standards’’ Response: NPS has not defined the Heritage Preservation Services, National and the changes to §§ 61.4(e) and (f) of term ‘‘partnership’’ as suggested Center for Cultural Resource this rule. because, aside from a common Stewardship and Partnership Programs, Response: Revising ‘‘the Secretary’s commitment to the purposes of the Act, National Park Service, 1849 C Street NW (Historic Preservation) Professional ‘‘partnership’’ is not amenable to a (NC Suite 200), Washington, D.C. 20240.

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Paperwork Reduction Act Executive Order 12866. The Department (d) cause a nuisance to adjacent The collection of information of the Interior determined that this owners or occupants. contained in this rule has been document will not have a significant Based on this determination, the approved by the Office of Management economic effect on a substantial number regulation is categorically excluded and Budget under 44 U.S.C. 3507 et seq. of small entities under the Regulatory from the procedural requirements of the and has been assigned clearance number Flexibility Act (5 U.S.C. 601 et. seq.). National Environmental Policy Act 1024–0038. No comments were received The overall economic effects of this (NEPA) by Departmental guidelines in on notice of submission to the OMB and rulemaking should be negligible. There 516 DM 6, Appendix 7.4D (49 FR the request for comments published in are no expected increases in costs or 21438). As such, neither an the Federal Register (62 FR 34484). The prices for consumers, individual Environmental Assessment nor an information is being collected as part of industries, Federal, State or local Environmental Impact Statement has the process for reviewing the procedures governments, agencies or geographic been prepared. regions. and programs of State and local List of Subjects in 36 CFR Part 61 governments participating in the The Service has determined and Grant programs-natural resources, national historic preservation program certifies pursuant to the Unfunded Historic preservation, Reporting and and the Historic Preservation Fund Mandates Reform Act, 2 U.S.C. 1502 et recordkeeping requirements. grant program. The information will be seq., that this rule will not impose a cost used to evaluate those programs and of $100 million or more in any given In consideration of the foregoing, 36 procedures for consistency with the year on local, State, or tribal CFR Chapter I is amended as follows: National Historic Preservation Act of governments or private entities. 1. 36 CFR Part 61 is revised to read 1966, as amended, and compliance with In accordance with Executive Order as follows: government-wide grant requirements. 12630, the NPS has determined that this PART 61ÐPROCEDURES FOR STATE, The obligation to respond is required to rule does not have significant takings TRIBAL, AND LOCAL GOVERNMENT obtain a benefit under these programs. implications. The rule revises HISTORIC PRESERVATION Note that a Federal agency may not administrative procedures for the PROGRAMS conduct or sponsor, and a person is not organization of State, tribal, and local historic preservation offices. This rule required to respond to, a collection of Sec. information unless it displays a does not impact private property 61.1 Authorization. currently valid OMB control number. owners. 61.2 Definitions. No assurance of confidentiality is In accordance with Executive Order 61.3 Implementation of this part. provided to respondents with the 12612, the NPS has determined that the 61.4 State programs. exception of locational information rule does not have significant 61.5 Grants to State programs. concerning some properties included in Federalism implications. State, tribal, 61.6 Certified local government programs. 61.7 Subgrants to certified local government historic preservation and local government participation in these programs is voluntary. In the governments. property inventories. Pursuant to 61.8 Tribal programs. [Reserved] section 304 of the National Historic development of this rule, the NPS 61.9 Grants to tribal programs. [Reserved] Preservation Act of 1966, as amended, consulted State and local governments 61.10 Waiver. release of information is tightly currently participating in these 61.11 Information collection. controlled when such release could programs. The NPS has achieved the Authority: 16 U.S.C. 470 et seq. have the potential of damaging those consensus of its State and local qualities which make a property historic government partners that this rule § 61.1 Authorization. or of vital cultural or religious should be published. No State or local The National Historic Preservation significance. government has opposed the Act of 1966, as amended (16 U.S.C. 470 The public reporting burden for the promulgation of this rule. et seq.): collection of this information is The Department has determined that (a) Requires the Secretary of the estimated to average 14.06 hours per this rule meets the applicable standards Interior (Secretary) to promulgate response, including the time for provided in Section 3(a) and 3(b)(2) of regulations for: reviewing instructions, searching Executive Order 12988. (1) Approving and overseeing State existing data sources, gathering and This rule is not a major rule under the historic preservation programs; maintaining the data needed, and Congressional review provisions of the (2) Certifying local governments to completing and reviewing the collection Small Business Regulatory Enforcement carry out the purposes of the Act; of information. Send comments Fairness Act (5 U.S.C. 804(2)). (3) Ensuring that applicable State regarding this burden estimate or any The National Park Service has Historic Preservation Officers (SHPOs) other aspect of this collection of determined that this rulemaking will allocate to certified local governments information, including suggestions for not have a significant effect on the (CLGs) a share of grants that the SHPOs reducing the burden, to Ms. Diane M. quality of the human environment, receive under the Act; and Cooke, Information Collection Officer, health, and safety because it is not (4) Assisting Indian tribes in National Park Service, 1849 C Street expected to: preserving their particular ‘‘historic NW, Washington, D.C. 20240 and to the (a) increase public use to the extent of properties’’ (as defined by the Act); Office of Management and Budget, compromising the nature and character (b) Directs the Secretary to administer Office of Information and Regulatory of the area or causing physical damage a program of grants-in-aid to States and Affairs, Attention: Desk Officer for the to it; Indian tribes for historic preservation Department of the Interior (1024–0038), (b) introduce incompatible uses projects and programs that the Secretary Washington, D.C. 20503. which compromise the nature and has approved; and characteristics of the area or cause (c) Requires the Secretary to make Compliance With Other Laws physical damage to it; available information concerning This rule was reviewed by the Office (c) conflict with adjacent ownership professional standards, methods, and of Management and Budget under or land uses; or, techniques for the preservation of

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‘‘historic properties’’ (as defined by the similar to Federal standards and Register of Historic Places with the Act) and the administration of historic provides for independent peer review. passage of time; and/or preservation programs. (b) The Secretary’s Standards. NPS (iii) Information on the absence of will use the Secretary’s Standards as historic properties for use in planning § 61.2 Definitions. technical performance standards for for public and private development As used in this part: matters covered by this part. NPS may projects. (a) All terms that the National Historic also use as technical performance (3) The SHPO must provide for Preservation Act of 1966, as amended, standards (for matters covered by this adequate public participation in the defines have the same meaning in the part) additional guidance that NPS State historic preservation program as a regulations in this part that the statute identifies and provides from time to whole. provides; see especially sections time after appropriate consultation and (i) As part of the process of 101(a)(1)(A), 101(b), 101(c)(4), 108, and notice. recommending a property to the 301. (c) Each State historic preservation National Register, the SHPO must (b) Act means the National Historic program staff member, State Historic comply with the consultation and Preservation Act of 1966, as amended, Preservation Review Board (Review notification procedures contained in 36 (16 U.S.C. 470 et seq.). Board) member, and certified local CFR part 60. (c) Chief elected local official means government (CLG) historic preservation (ii) The SHPO may authorize other the elected head of a local government. review commission (Commission) persons or entities to fulfill the notice (d) The Secretary’s Standards means member whom the Secretary has requirements in 36 CFR part 60 only the ‘‘Standards’’ portions and not approved as meeting ‘‘the Secretary’s pursuant to the Secretary’s written the ‘‘Guidelines’’ portions of ‘‘the (Historic Preservation) Professional guidance. Secretary of the Interior’s Standards and Qualifications Standards’’ will retain (iii) The SHPO also may authorize the Guidelines for Archeology and Historic that status, regardless of subsequent historic preservation review Preservation.’’ The Secretary’s revisions to those Standards, until such commission (Commission) of a certified Standards provide broad national time as that individual no longer works local government (CLG) to act in place principles of archeological and historic in that program, or serves on that of the State Historic Preservation preservation practices and methods. Review Board, or serves on that Review Board (Review Board) for the ‘‘The Secretary of the Interior’s Commission with which that individual purpose of considering National Standards and Guidelines for was affiliated as of the date of that Register nominations within its Archeology and Historic Preservation’’ individual’s approval. jurisdiction, provided that the also contains ‘‘the Secretary’s (d) You may obtain publications and Commission both meets the professional Guidelines’’ which provide broad other information mentioned in this part qualifications required for the Review national guidance on how to apply ‘‘the by contacting: Heritage Preservation Board when considering such Secretary’s Standards.’’ Services, National Center for Cultural nominations and otherwise follows the (e) State historic preservation program Resource Stewardship and Partnership Secretary’s written guidance. or State program means a State Programs, National Park Service, 1849 C (iv) In accordance with the Secretary’s government organization or program Street NW (NC Suite 200), Washington, written guidance and with the consent meeting the requirements that section D.C. 20240 or via the National Park of both the property owners in a 101(b) of the Act specifies. Service Home Page for cultural nomination and the chief elected local programs at http://www.cr.nps.gov. official, the Review Board (or the § 61.3 Implementation of this part. Commission acting in its place) may (a) National Park Service policy of § 61.4 State programs. consider the nomination without a face- management by exception. The National (a) For a State to participate in the to-face meeting. Park Service (NPS) will administer the program that this part describes, the (4) The SHPO may carry out all or any regulations in this part in such a way Governor must appoint and designate a part of his or her responsibilities by (and where feasible) as to: State Historic Preservation Officer contract or cooperative agreement with (1) Limit the use of direct Federal (SHPO) to administer the State historic any qualified nonprofit organization, management review procedures to high preservation program. educational institution, or otherwise risk situations, to new programs, or to (b) It is the responsibility of the SHPO pursuant to State law. However, the activities that are appropriate for the to carry out the duties and activities that SHPO may not delegate the Federal Government to oversee; section 101 (b)(3) of the Act describes. responsibility for compliance with the (2) Presume that State, tribal, and In performing those duties and Act or with grant assistance terms and local government historic preservation activities: conditions. officials manage their programs in an (1) The SHPO must carry out a (c) The Secretary will consider accountable way unless situations historic preservation planning process individual SHPO proposals for indicate the contrary; and that includes the development and programs that, for a specified period, (3) Rely to the maximum extent implementation of a comprehensive include fewer duties than those section feasible on State, tribal, and local statewide historic preservation plan that 101(b)(3) of the Act specifies, if a government systems of financial and provides guidance for effective decision different approach would better serve an program management that meet Federal making about historic property appropriate balance of historic property, standards. At the discretion of the preservation throughout the State. customer or constituent, and historic Secretary, each State, tribal, and local (2) The SHPO, in addition to preservation needs. government may substitute its own surveying and maintaining inventories (d) Procedures for review and fiscal audit and management systems for of historic properties, may also obtain: approval of State historic preservation the Secretary’s comparable fiscal audit (i) Comparative data valuable in programs. (1) In accordance with the and management requirements, so long determining the National Register Act, the Secretary will evaluate each as the State, tribal, or local government eligibility of properties; State program for consistency with the system establishes and maintains (ii) Information on properties that Act periodically, but not less often than accounting standards substantially may become eligible for the National every four years. If the Secretary

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The Secretary will provide Historic Preservation.’’ The SHPO may paragraph (f)(1) of this section specifies, the SHPO with a timely report determine that additional professional if the proposal addresses better an containing written findings and staff members representing the required appropriate balance of historic property, analyses that highlight the strengths and or other disciplines are necessary to customer or constituent, and historic weaknesses of the State program. administer the State program in preservation needs in that State. (3) Approval method. (i) If the accordance with the Act. (3) When a required Review Board Secretary determines that a State (2) The Secretary will consider position becomes vacant, the SHPO program is consistent with the Act, the proposals from a SHPO for a minimum must fill the vacancy in a timely report will include notice that the State required staff composition that differs manner. In the interim, the SHPO must program’s approved status continues. from the requirement that paragraph ensure that the Review Board has access (ii) If the Secretary determines that a (e)(1) of this section specifies, if the to advice from appropriately qualified State program has major aspects not proposal addresses better an appropriate individuals. A lapse of more than one consistent with the Act, the report will balance of historic property, customer or year in filling the vacancy is cause for include notice of deficiencies along constituent, and historic preservation review, comment, and appropriate with required actions for correcting needs in that State. action by the Secretary. them. Unless circumstances warrant (3) When a staff position that (4) The Review Board must meet as immediate action, the Secretary will paragraph (e)(1) of this section requires often as is necessary to complete its provide a specified period to allow the becomes vacant, the SHPO must fill the work in a timely fashion but no less SHPO either to correct the deficiencies vacancy in a timely manner. In the often than once a year. or to present for Secretarial approval a interim, the SHPO must ensure that (5) The Review Board must adopt justifiable plan and timetable for appropriately qualified individuals written procedures governing its correcting the deficiencies. During this address technical matters. A vacancy in operations consistent with the period, the SHPO has the opportunity to a required position that persists for provisions of this section and related request that the Secretary reconsider more than six months is cause for guidance that the National Park Service any findings and required actions. review, comment, and appropriate issues. (iii) The Secretary will provide timely action by the Secretary. (6) Review Board responsibilities notice of continued approved State (f) Unless State law provides for a include, but are not limited to, the program status to a SHPO successfully different method of appointment, the following: resolving deficiencies. Once the SHPO must appoint an adequate and (i) Providing advice to the SHPO on Secretary renews a State program’s qualified State historic preservation the full range of Historic Preservation approved status, he or she generally will Review Board (Review Board). Fund-supported activities, that section (1) All Review Board members must not review the program until the next 101 (b)(3) of the Act describes; have demonstrated competence, regular evaluation period. However, if (ii) Reviewing and making interest, or knowledge in historic the Secretary deems it necessary, he or recommendations on National Register preservation. A majority of Review she may conduct a review more often. nomination proposals; Board members must meet ‘‘the (iv) The Secretary will provide timely (iii) Participating in the review of Secretary of the Interior’s (Historic notice of the revocation of a program’s appeals to National Register Preservation) Professional approved status to any SHPO whose nominations; and Qualifications Standards’’ which are program has deficiencies that warrant (iv) Performing such other duties as part of the larger ‘‘Secretary’s Standards immediate action or that remain may be appropriate. uncorrected after the expiration of the and Guidelines for Archeology and period specified pursuant to paragraph Historic Preservation.’’ The members § 61.5 Grants to State programs. (d)(3)(ii) of this section. The Secretary meeting ‘‘the Secretary’s (Historic (a) Each State with an approved State will then initiate financial suspension Preservation) Professional program is eligible for grants-in-aid from and other actions in accordance with Qualifications Standards’’ must include the Historic Preservation Fund (HPF). the Act, applicable regulatory at a minimum, one individual meeting (b) The National Park Service (NPS) requirements, and related guidance that ‘‘the Secretary’s (Historic Preservation) will administer HPF matching grants-in- the National Park Service issues. Professional Qualifications Standards’’ aid in accordance with the Act, OMB (e) The SHPO must appoint or employ for history, one individual meeting ‘‘the Circular A–133 and 43 CFR part 12, and a professionally qualified staff. Secretary’s (Historic Preservation) related guidance that NPS issues. (1) Except as approved pursuant to Professional Qualifications Standards’’ Failure by a State program to meet these paragraph (e)(2) of this section, the staff for prehistoric archeology or historic requirements is cause for comment and must include at a minimum, one archeology, and one individual meeting appropriate action by the Secretary. individual meeting ‘‘the Secretary’s ‘‘the Secretary’s (Historic Preservation) (Historic Preservation) Professional Professional Qualifications Standards’’ § 61.6 Certified local government Qualifications Standards’’ for history, for architectural history. One person programs. one individual meeting ‘‘the Secretary’s may meet the Standards for more than (a) Each approved State program must (Historic Preservation) Professional one required discipline. The other provide a mechanism for certification Qualifications Standards’’ for historic or Review Board members, if any, who (by the State Historic Preservation prehistoric archeology, and one comprise the majority that meets ‘‘the Officer and the Secretary) of local individual meeting ‘‘the Secretary’s Secretary’s (Historic Preservation) governments to carry out the purposes (Historic Preservation) Professional Professional Qualifications Standards’’ of the Act.

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(b) Each State Historic Preservation historic preservation review the local historic preservation program Officer (SHPO) must follow procedures commission (Commission). All including the process for evaluating that the Secretary approves for the Commission members must have a properties for nomination to the certification of local governments. Each demonstrated interest, competence, or National Register of Historic Places. SHPO also must follow procedures for knowledge in historic preservation. (5) Satisfactorily perform the removal of certified local government Unless State or local legislation responsibilities delegated to it under the (CLG) status for cause. A SHPO must provides for a different method of Act. The SHPO must monitor and submit any proposed amendment to its appointment, the chief elected local evaluate the performance of each CLG procedures to the Secretary for official must appoint all Commission according to written standards and approval. The Secretary will act on each members. procedures that the SHPO establishes. If proposal in a timely fashion generally (i) The State procedures must a SHPO’s evaluation of a CLG’s within 45 days of receipt. encourage certified local governments to performance indicates that such (c) When a SHPO approves a local include individuals who meet ‘‘the performance is inadequate, the SHPO government certification request in Secretary’s (Historic Preservation) must suggest in writing ways to improve accordance with the State program’s Professional Qualifications Standards’’ performance. If, after a period of time National Park Service (NPS)-approved among the membership of the that the SHPO stipulates, the SHPO certification process, the SHPO must Commission, to the extent that such determines that the CLG has not prepare a written certification individuals are available in the improved its performance sufficiently, agreement between the SHPO and the community. the SHPO may recommend that the local government. The certification (ii) The State procedures may specify Secretary decertify the local agreement must list the specific the minimum number of Commission government. If the Secretary does not responsibilities of the local government members who must meet ‘‘the object within 30 working days of when certified. The SHPO must submit Secretary’s (Historic Preservation) receipt, the Secretary has approved the to the Secretary the written certification Professional Qualifications Standards.’’ decertification. agreement and any additional The State procedures may also specify (f) Effects of certification include: information as is necessary for the which, if any, disciplines the (1) Inclusion in the process of Secretary to certify the local government Commission’s membership must nominating properties to the National pursuant to the Act and this part. If the include from among those disciplines Register of Historic Places in accordance Secretary does not disapprove the that the Standards describe. with sections 101 (c)(2)(A) and (c)(2)(B) proposed certification within 15 Membership requirements set by the of the Act. The SHPO may delegate to working days of receipt, the Secretary State procedures for Commissions must a CLG any of the responsibilities of the has certified the local government. be cognizant of the needs and functions SHPO and the Review Board in (d) Beyond the minimum of Commissions in the State and subject processing National Register responsibilities set out in the Act for all to the availability of such professionals nominations as specified in 36 CFR part CLGs, the SHPO may make additional in the community concerned. 60 (see also § 61.4(b)(3)), except for the delegations of responsibility to (iii) Provided that the Commission is authority to nominate properties individual CLGs. However, these otherwise adequate and qualified to directly to the National Register. A CLG delegations may not include the SHPO’s carry out the responsibilities delegated may make nominations directly to NPS overall responsibility derived from the to it, the SHPO may certify a local only when the State does not have an Act or where law or regulation specifies. government without the minimum approved program pursuant to § 61.4. (e) The SHPO must ensure that each number or types of disciplines (2) Eligibility to apply for a portion of local government satisfies the following established in State procedures, if the the State’s annual Historic Preservation minimum requirements as conditions local government can demonstrate that Fund (HPF) grant award. Each State for certification. Each CLG must: it has made a reasonable effort to fill must transfer at least 10 percent of its (1) Enforce appropriate State or local those positions, or that an alternative annual HPF grant award to CLGs for legislation for the designation and composition of the Commission best historic preservation projects and protection of historic properties. The meets the needs of the Commission and programs in accordance with the Act State procedures must define what of the local government. and as § 61.7 specifies. constitutes appropriate legislation, as (iv) The SHPO must make available to (g) The District of Columbia is exempt long as: each Commission orientation materials from the requirements of this section (i) Designation provisions in such and training designed to provide a because there are no subordinated local legislation include the identification working knowledge of the roles and governments in the District. If any other and registration of properties for operations of Federal, State, and local jurisdiction that section 301(2) of the protection that meet criteria established historic preservation programs, and Act defines as a State believes that its by the State or the locality for historic preservation in general. political subdivisions lack authorities significant historic and prehistoric (3) Maintain a system for the survey similar to those of local governments in resources within the jurisdiction of the and inventory of historic properties. The other States, and hence cannot satisfy local government; SHPO must ensure that such systems the requirements for local government (ii) Protection provisions in such and the data that they produce are certification, it may apply to the legislation include a local review capable of integration into and are Secretary for exemption from the process under State or local law for compatible with statewide inventories requirements of this section. proposed demolitions of, changes to, or and (when and as appropriate) with (h) Procedures for direct certification other action that may affect historic State and local planning processes. by the Secretary where there is no properties as paragraph (e)(1)(i) of this (4) Provide for adequate public approved State program pursuant to section describes; and participation in the local historic § 61.4. To the extent feasible, the (iii) The legislation otherwise is preservation program as a whole. The Secretary will ensure that there is consistent with the Act. SHPO must provide each CLG with consistency and continuity in the CLG (2) Establish by State or local law and appropriate guidance on mechanisms to program of a State that does not have an maintain an adequate and qualified ensure adequate public participation in approved State program.

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(1) Where there is no approved State applicable grant conditions and National Historic Preservation Act of program, a local government wishing to government-wide and program specific 1966, as amended, and compliance with become certified must apply directly to requirements that the National Park government-wide grant requirements. the Secretary. Service issues. The SHPO may require The obligation to respond is required to (2) The application must demonstrate specific uses of funds subgranted to obtain a benefit under these programs. that the local government meets the CLGs. CLGs may not apply subgranted Note that a Federal agency may not specifications for certification set forth HPF monies as matching share for any conduct or sponsor, and a person is not in paragraph (e) of this section. other Federal grant. required to respond to, a collection of (3) The Secretary will review (f) Where there is no approved State information unless it displays a certification applications under this program pursuant to § 61.4, the currently valid OMB control number. paragraph (h) and take action in a timely Secretary will determine the method for NPS provides no assurance of fashion generally within 90 days of allocating funds to CLGs in that State in confidentiality to respondents with the receipt. accordance with the procedures set exception of locational information § 61.7 Subgrants to certified local forth for the State in this section. To the concerning some properties that governments. extent feasible, the Secretary will ensure government historic preservation (a) Each SHPO must transfer at least consistency and continuity in the property inventories include. Pursuant 10 percent of its annual Historic funding allocation policy of the CLG to section 304 of the National Historic Preservation Fund (HPF) grant award to program for a State that does not have Preservation Act of 1966, as amended, CLGs as subgrants for historic an approved historic preservation NPS tightly controls release of preservation projects and programs in program. information when such release could have the potential of damaging those accordance with the Act. In any year § 61.8 Tribal programs. [Reserved] that the annual HPF State grant qualities which make a property appropriation exceeds $65,000,000, § 61.9 Grants to tribal programs. historic. SHPOs must transfer one half of the [Reserved] (b) We estimate the public reporting amount over $65,000,000 to CLGs § 61.10 Waiver. burden for the collection of this according to procedures that the information to average 14.06 hours per Secretary will establish. The Secretary may waive any of the response, including the time for (b) Each CLG is eligible to receive requirements of the rules in this part reviewing instructions, searching funds from the 10 percent (or greater) that are not mandated by statute or by existing data sources, gathering and CLG share of the State’s total annual other applicable regulations if the maintaining the data needed, and HPF grant award. However, the SHPO Secretary finds, in writing, that the completing and reviewing the collection need not award funds to all CLGs. historic preservation program would of information. Send comments (c) Each SHPO must maintain and benefit from such waiver and the waiver regarding this burden estimate or any follow a procedure that the Secretary would not compromise the purposes, other aspect of this collection of approves for the use and distribution of conditions, and requirements of the information, including suggestions for funds from the State’s annual HPF grant National Historic Preservation Act of reducing the burden, to Ms. Diane M. award to CLGs to ensure that no CLG 1966, as amended. Cooke, Information Collection Officer, receives a disproportionate share of the § 61.11 Information collection. National Park Service, 1849 C Street allocation. The procedure will provide a NW, Washington, D.C. 20240 and to the (a) The Office of Management and clear basis for the funding decisions. Office of Management and Budget, Budget (OMB) under 44 U.S.C. 3507 et The SHPO must submit any proposed Office of Information and Regulatory seq., has approved the collection of amendment to its procedure to the Affairs, Attention: Desk Officer for the information contained in this part. OMB Secretary for approval. The Secretary Department of the Interior (1024–0038), has assigned clearance number 1024– will respond to such a proposal in a Washington, D.C. 20503. timely fashion generally within 45 days 0038 to this collection of information. of receipt. The National Park Service (NPS) Dated: July 9, 1998. (d) Each SHPO must notify annually collects this information as part of the Donald J. Barry, each CLG of its opportunity to apply for process for reviewing the procedures Assistant Secretary for Fish and Wildlife and HPF funding as well as what is entailed and programs of State and local Parks. governments participating in the in the application and project selection Note: This document was received at the national historic preservation program process. Office of the Federal Register on March 4, (e) Each CLG receiving an HPF grant and the Historic Preservation Fund 1999. award from the CLG share is a grant program. NPS will use the subgrantee of the State. The SHPO must information to evaluate those programs [FR Doc. 99–5783 Filed 3–8–99; 8:45 am] ensure that each CLG adheres to all and procedures for consistency with the BILLING CODE 4310±70±P

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DEPARTMENT OF EDUCATION 1973, as amended (29 U.S.C. 762(g) and populations. There is a need for new 764). training approaches in order to increase National Institute on Disability and The Secretary will announce the final the number of leaders with disabilities, Rehabilitation Research; Notice of priority in a notice in the Federal including those from minority Proposed Funding Priority for Fiscal Register. The final priority will be backgrounds, to become effective Years 1999±2000 for a Disability and determined by responses to this notice, advocates for all persons with Rehabilitation Research Project available funds, and other disabilities. considerations of the Department. AGENCY: Department of Education. Section 21 of the Rehabilitation Act of Funding of a particular project depends 1973, as amended, requires that NIDRR SUMMARY: The Secretary proposes a on the final priority, the availability of reserve a portion of its appropriated funding priority for a Disability and funds, and the quality of the funds for a fiscal year to carry out Rehabilitation Research Project (DRRP) applications received. The publication certain activities. Section 21(b)(2)(A) under the National Institute on of this proposed priority does not authorizes NIDRR to make awards to Disability and Rehabilitation Research preclude the Secretary from proposing minority entities and Indian tribes to (NIDRR) for fiscal years 1999–2000. The additional priorities, nor does it limit carry out activities authorized under Secretary takes this action to focus the Secretary to funding only this Title II of the Act. Minority entities are research attention on areas of national priority, subject to meeting applicable defined as a historically Black college or need. This priority is intended to rulemaking requirements. university (a Part B institution, as improve rehabilitation services and Note: This notice of proposed priority does defined in Section 322(2) of the Higher outcomes for individuals with not solicit applications. A notice inviting Education Act of 1965), a Hispanic- disabilities. applications under this competition will be serving institution of higher education, DATES: Comments must be received on published in the Federal Register concurrent an American Indian tribal college or or before April 8, 1999. with or following the publication of the notice of final priority. university, or another institution of ADDRESSES: All comments concerning higher education whose minority these proposed priorities should be Disability and Rehabilitation Research student enrollment is at least 50 addressed to Donna Nangle, U.S. Projects percent. Consistent with Section Department of Education, 600 Maryland Authority for Disability and 21(b)(2)(A), eligibility to apply for this Avenue, S.W., room 3418, Switzer Rehabilitation Research Projects grant will be limited to minority entities Building, Washington, D.C. 20202–2645. (DRRPs) is contained in section 204(a) and Indian tribes. Comments may also be sent through the of the Rehabilitation Act of 1973, as Proposed Priority Internet: [email protected]. amended (29 U.S.C. 764(a)). DRRPs You must include the terms carry out one or more of the following The Secretary proposes to establish a ‘‘Leadership Training Project’’ in the types of activities, as specified in 34 DRRP to increase the leadership subject line of your electronic message. CFR 350.13—350.19: research, competencies of individuals with FOR FURTHER INFORMATION CONTACT: development, demonstration, training, disabilities, including those from Donna Nangle. Telephone: (202) 205– dissemination, utilization, and technical minority backgrounds, who work for 5880. Individuals who use a assistance. Disability and Rehabilitation community-based organizations, whose telecommunications device for the deaf Research Projects develop methods, purpose is to improve the educational, (TDD) may call the TDD number at (202) procedures, and rehabilitation employment, and socio-economic status 205–2742. Internet: technology that maximize the full of diverse communities of people. The [email protected]. inclusion and integration into society, purpose is to enable these trained Individuals with disabilities may employment, independent living, family individuals to maximize the full obtain this document in an alternate support, and economic and social self- inclusion and integration of individuals format (e.g., Braille, large print, sufficiency of individuals with of disabilities of all ages into society, audiotape, or computer diskette) on disabilities, especially individuals with employment, independent living, family request to the contact person listed in the most severe disabilities. In addition, support, and economic and social self- the preceding paragraph. DRRPs improve the effectiveness of sufficiency. The DRRP must: SUPPLEMENTARY INFORMATION: This services authorized under the (1) Identify national, State, and local notice contains proposed priorities Rehabilitation Act of 1973, as amended. disability-related education, service, civil rights, and policy entities to under the Disability and Rehabilitation Priority Research Projects and Centers Program participate in the development of for a DRRP on leadership training. There Under 34 CFR 75.105(c)(3), the leadership training activities and is a reference in the proposed priority to Secretary proposes to give an absolute strategies; and NIDRR’s Long-Range Plan (LRP). The preference to applications that meet the (2) In cooperation with the entities LRP can be accessed on the World Wide following priority. The Secretary identified under paragraph (1), train Web at: http://www.ed.gov/legislation/ proposes to fund under this competition emerging leaders with disabilities, FedRegister/announcements/1998–4/ only applications that meet this priority. including those from minority 102698a.html. Proposed Priority: Leadership Training backgrounds, who work for community- This proposed priority supports the based organizations whose purpose is to National Education Goal that calls for Introduction improve the educational, employment, every adult American to possess the Chapter Two of NIDRR’s proposed and socio-economic status of diverse skills necessary to compete in a global LRP (63 FR 57194–57198) describes the communities of people. Areas of economy. increased rate of disability in racial and training may include: service delivery, The authority for the Secretary to ethnic minorities. Disability services disability civil rights history and establish research priorities by reserving providers, including providers of advocacy, management, policy and funds to support particular research vocational rehabilitation services, are financial analysis, and establishment of activities is contained in sections 202(g) studying ways to improve access to, and policies and direction for rehabilitation and 204 of the Rehabilitation Act of the provision of, services to minority programs.

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In carrying out these purposes, the To use the pdf you must have the Adobe regarding these proposed priorities. All project must: Acrobat Reader Program with Search, comments submitted in response to this • Address issues of equal access of which is available free at either of the notice will be available for public minority individuals with significant preceding sites. If you have questions inspection, during and after the disabilities to rehabilitation services; about using the pdf, call the U.S. comment period, in Room 3424, Switzer and Government Printing Office at (202) Building, 330 C Street S.W., • Provide training on the philosophy 512–1530 or, toll free at 1–888–293– Washington, D.C., between the hours of of disability-related self-determination 6498. 9:00 a.m. and 4:30 p.m., Monday and self-advocacy, development of peer Anyone may also view these through Friday of each week except relationships, inclusion, independent documents in text copy only on an Federal holidays. living, and peer role models. electronic bulletin board of the Applicable Program Regulations: 34 CFR Department. Telephone: (202) 219–1511 Part 350. Electronic Access to This Document or, toll free, 1–800–222–4922. The Program Authority: 29 U.S.C. 760–762. Anyone may view this document, as documents are located under Option (Catalog of Federal Domestic Assistance well as all other Department of G—Files/Announcements, Bulletins and Number 84.133A, Disability and Education documents published in the Press Releases. Rehabilitation Research Projects) Federal Register, in text or portable Note: The official version of this document Dated: March 2, 1999. document format (pdf) on the World is the document published in the Federal Judith E. Heumann, Wide Web at either of the following Register. Assistant Secretary for Special Education and sites: INVITATION TO COMMENT: Rehabilitative Services. http://ocfo.ed.gov/fedreg.html Interested persons are invited to submit [FR Doc. 99–5769 Filed 3–8–99; 8:45 am] http://www.ed.gov/news.html comments and recommendations BILLING CODE 4000±01±U

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DEPARTMENT OF EDUCATION grants under the Strengthening Strengthening Institutions Program, Institutions Program; $30,000—$35,000 American Indian Tribally Controlled [CFDA No. 84.031] for planning grants under the Colleges and Universities Program, and Strengthening Institutions Program, Strengthening Institutions Program; Alaska Native and Native Hawaiian- American Indian Tribally Controlled $347,000—$395,000 for development Serving Institutions Program; and 12 Colleges and Universities and Alaska grants under the American Indian months for planning grants under the Native and Native Hawaiian-Serving Tribally Controlled Colleges Strengthening Institutions Program. Institutions Programs; Notice inviting Universities Program; and $347,000— $395,000 for development grants under Note: The Department is not bound by any applications for new awards for Fiscal estimates in this notice. Year 1999. the Alaska Native and Native Hawaiian- Serving Institutions Program. Special Funding Considerations: In tie Purpose of Programs: Provide grants Estimated Average Size of Awards: breaking situations, described in 34 CFR to eligible institutions of higher $341,000 for development grants under education (IHEs) to enable them to 607.23 of the Strengthening Institutions the Strengthening Institutions Program; Program regulations, the Secretary improve their academic quality, $32,500 for planning grants under the institutional management, and fiscal awards one additional point to an Strengthening Institutions Program; applicant institution that has an stability, and to increase their self- $371,000 for development grants under sufficiency, and thereby support the endowment fund for which the 1996– the American Indian Tribally Controlled 1997 market value per full-time elements of the National Education Colleges Universities Program; and Goals relevant to these IHEs’ unique equivalent (FTE) student was less than $371,000 for development grants under the comparable average per FTE student missions. the Alaska Native and Native Hawaiian- Deadline for Transmittal of at similar type institutions. The Serving Institutions Program. Applications: May 24, 1999. Secretary also awards one additional Estimated Number of Awards: 56 Deadline for Intergovernmental point to an applicant institution that development grants under the Review: July 23, 1999. had 1996–1997 expenditures for library Strengthening Institutions Program; 14 Applications Available: April 22, materials per FTE student that were less planning grants under the Strengthening 1999. than the comparable average per FTE Institutions Program; 8 development Available Funds: Approximately student at similar type institutions. $20,000,000 for the Strengthening grants under the American Indian Institutions Program; $3,000,000 for the Tribally Controlled Colleges For the purpose of these funding American Indian Tribally Colleges and Universities Program; and 8 considerations, an applicant must Universities Program; and $3,000,000 development grants under the Alaska demonstrate that the market value of its for the Alaska Native and Native Native and Native Hawaiian-Serving endowment fund per FTE student, and Hawaiian-Serving Institutions Program. Institutions Program. library expenditures per FTE student, Estimated Range of Awards: Project Period: 60 months for were less than the following national $327,000—$350,000 for development development grants under the averages for 1996–1997:

Average mar- Average li- ket value of brary materials endowment expenditures fund per FTE per FTE stu- students dents

Two-Year Public Institutions ...... $ 1,332 $ 45 Two-Year Non-profit Private Institutions ...... 11,556 121 Four-Year Public Institutions ...... 2,829 165 Four-Year Non-profit Private Institutions ...... 42,579 245

If a tie remains, after applying the Amendments of 1998 (Public Law 105– Universities Program, or Alaska Native additional point or points, the Secretary 244). and Native Hawaiian-Serving determines that an institution will SUPPLEMENTARY INFORMATION: The Institutions Program grant until two receive a grant according to a combined Higher Education Amendments of 1998 years after the date on which the 5-year ranking of two-year and four-year amended Part A of Title III of the HEA grant period terminates. For example, an institutions. This ranking is established in several material respects. The institution that had a 5-year individual by combining endowment values per Amendments made significant changes Strengthening Institutions Program FTE student and library expenditures to the Strengthening Institutions development grant that ended on per FTE student. The institutions with Program, and created the American September 30, 1998 would not be the lowest combined library Indian Tribally Controlled Colleges and eligible to receive another Title III, Part expenditures per FTE student and Universities, and Alaska Native and A grant until October 1, 2000. endowment values per FTE student are Hawaiian-Serving Institution Programs. (b) Strengthening Institutions ranked higher in strict numerical order. New key statutory provisions include: Program. As amended, section 311(c) of Applicable Regulations: (a) The (a) General Provisions. As amended, the HEA authorizes the use of grant Department of Education General section 313(d) of the HEA provides that funds for the following activities— Administrative Regulations (EDGAR) in an institution that earlier received a 5- (1) Purchase, rental, or lease of 34 CFR Parts 74, 75, 77, 79, 82, 85, and year individual Strengthening scientific or laboratory equipment for 86; and (b) the regulations for this Institutions Program development grant educational purposes, including program in 34 CFR Part 607, except is not eligible to receive a Strengthening instructional and research purposes; those regulatory sections that have been Institutions Program, American Indian (2) Construction, maintenance, supersceded by the Higher Education Tribally Controlled Colleges and renovation, and improvement in

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However, the grantee fellowships to assist in attaining Indian students. As amended, section institution must provide matching funds advanced degrees in the field of 316(c) of the HEA authorizes the use of in an amount equal to than the grant instruction of the faculty; grant funds to enable institutions to funds used for the endowment fund. (4) Development and improvement of improve and expand their capacities to (d) Alaska Native and Native academic programs; serve American Indian students, and Hawaiian-Serving Institutions. As (5) Purchase of library books, allows the use of grant funds for the amended, section 317(b) of the HEA periodicals, and other educational following activities: defines an Alaska Native Serving materials, including (1) Purchase, rental, or lease of Institution as an institution of higher telecommunications program material; scientific or laboratory equipment for education that, at the time of (6) Tutoring, counseling, and student educational purposes, including application, has an undergraduate service programs designed to improve instructional and research purposes; student enrollment that is at least 20 academic success; (2) Construction, maintenance, percent Alaska Native students. As (7) Funds management, renovation, and improvement in amended, section 317(b) also defines a administrative management, and classrooms, libraries, laboratories, and Native Hawaiian-Serving Institution as acquisition of equipment for use in other instructional facilities, including an institution of higher education that, strengthening funds management; purchase or rental of at the time of application, has an (8) Joint use of facilities, such as telecommunications technology enrollment of undergraduate students laboratories and libraries; equipment or services; that is at least 10 percent Native (9) Establishing or improving a (3) Support of faculty exchanges, Hawaiian students. In addition to development office to strengthen or faculty development, and faculty meeting the definitions contained in improve contributions from alumni and fellowships to assist in attaining Section 317 of the Higher Education the private sector; Amendments of 1998, an Alaska Native (10) Establishing or improving an advanced degrees in the faculty’s field of instruction; and Native Hawaiian-Serving institution endowment fund; must also submit, as part of its (11) Creating or improving facilities (4) Academic instruction in application for a grant under the Alaska for Internet or other distance learning disciplines in which Indians are Native and Native Hawaiian-Serving academic instruction capabilities, underrepresented; Institutions Program, a 5-year plan for including purchase or rental of (5) Purchase of library books, improving the assistance provided by telecommunications technology periodicals, and other educational the applicant institution to Alaska equipment or services; and materials, including Native or Native Hawaiian students. As (12) Other activities proposed in the telecommunications program material; amended, section 317(c) of the HEA application that contribute to carrying (6) Tutoring, counseling, and student authorizes the use of grant funds to out the purposes of the Strengthening service programs designed to improve enable the institutions to improve and Institutions Program and are approved academic success; expand their capacity to serve Alaska by the Secretary as part of the review (7) Funds management, Native and Native Hawaiian students, and acceptance of an application. administrative management, and As amended, section 311(d) of the acquisition of equipment for use in and allows the expenditure of grant HEA provides that grantees under the strengthening funds management; funds for the following activities— (1) Purchase, rental, or lease of Strengthening Institutions Program may (8) Joint use of facilities, such as scientific or laboratory equipment for use up to 20 percent of grant funds to laboratories and libraries; educational purposes, including establish or increase an endowment (9) Establishing or improving a development office to strengthen or instructional and research purposes; fund. However, the grantee institution (2) Renovation and improvement in improve contributions from alumni and must provide matching funds from non- classroom, library, laboratory, and other the private sector; Federal sources in an amount equal to instructional facilities; or greater than the grant funds used for (10) Establishing or enhancing a (3) Support of faculty exchanges, and the endowment fund. program of teacher education designed faculty development, and faculty (c) American Indian Tribally to qualify students to teach in fellowships to assist in attaining Controlled Colleges and Universities elementary schools or secondary advanced degrees in the faculty’s field Program. As amended, section 316(b) of schools, with a particular emphasis on of instruction; the HEA defines a tribal college or teaching Indian children and youth, that (4) Curriculum development and university as having the meaning given must include, as part of that program, academic instruction; in section 2 of the Tribally Controlled preparation for teacher certification; (5) Purchase of library books, College or University Assistance Act of (11) Establishing community outreach periodicals, microfilm, and other 1978, and includes an institution listed programs that encourage Indian educational materials; in the Equity in Educational Land Grant elementary school and secondary school (6) Funds and administrative Status Act of 1994. In addition to students to develop the academic skills management, and acquisition of meeting the definitions contained in and the interest to pursue postsecondary equipment for use in strengthening Section 316 of the Higher Education education; and funds management; Amendments of 1998, a tribal college or (12) Other activities proposed in the (7) Joint use of facilities, such as university must also submit, as part of application that contribute to carrying laboratories and libraries; and its application for a grant under the out the activities listed in (1)–(11), (8) Academic tutoring and counseling Tribally Controlled Colleges and above, and are approved by the programs and student support.

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FOR INFORMATION CONTACT: Blanca contacting that person. However, the 512–1530 or, toll free at 1–888–293– Westgate, U.S. Department of Education, Department is not able to reproduce in 6498. 400 Maryland Avenue, SW., Portals an alternate format the standard forms Anyone may also view these Building, Suite CY–80, Washington, included in the application package. documents in text copy only on an D.C. 20202–5335. Telephone (202) 708– Electronic Access to This Document electronic bulletin board of the 8839 or (202) 708–8816. E-mail: Department. Telephone (202) 219–1511 blanca—[email protected] Anyone may view this document, as or, toll free, 1–800–222–4922. The Individuals who use a well as all other Department of documents are located under Option telecommunications device for the deaf Education documents published in the (TDD) may call the Federal Information G—Files/Announcements, Bulletins, Federal Register, in text or portable and Press Releases. Relay Service (FIRS) at 1–800–877–8339 document format (pdf) on the World between 8 a.m. and 8 p.m. Eastern Time, Wide Web at either of the following Note: The official version of a document is Monday through Friday. sites: the document published in the Federal Individuals with disabilities may Register. http://gcs.ed.gov/fedreg.htm obtain this document in an alternate http://www.ed.gov/news.html Program Authority: 20 U.S.C. 1057. format (e.g., Braille, large print, audio Dated: March 4, 1999. tape, or computer diskette) on request to To use the pdf, you must have the the contact person listed in the Adobe Acrobat Reader Program with David A. Longanecker, preceding paragraph. Search, which is available free at either Assistant Secretary for Postsecondary Individuals with disabilities may of the previous sites. If you have Education. obtain a copy of the application package questions about using the pdf, call the [FR Doc. 99–5770 Filed 3–8–99; 8:45 am] in an alternate format, also, by U.S. Government Printing Office at (202) BILLING CODE 4000±01±U

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Reader Aids Federal Register Vol. 64, No. 45 Tuesday, March 9, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 39...... 9906, 9908, 9910, 9911, 9912, Presidential Documents Proclamations: 10205, 10208, 10209, 10211, Executive orders and proclamations 523±5227 7168...... 10101 10213, 10216, 10555, 10557, The United States Government Manual 523±5227 7169...... 10379 10560, 10935, 11375, 11533 7170...... 10383 71 ...... 10387, 10562, 10563, 7171...... 10385 Other Services 10740, 10937, 10938, 10939, 7172...... 11373 10940 Electronic and on-line services (voice) 523±4534 Executive Orders: 97...... 9912, Privacy Act Compilation 523±3187 12852 (Amended by 9914 Public Laws Update Service (numbers, dates, etc.) 523±6641 EO 13114)...... 10099 Proposed Rules: TTY for the deaf-and-hard-of-hearing 523±5229 13114...... 10099 39 ...... 9939, 10237, 10578, Administrative Orders: 10959, 11401 71 ...... 9940, 10238, 10239, ELECTRONIC RESEARCH Presidential Determinations: No. 99±15 of February 10241, 10242, 10243, 10410, World Wide Web 26, 1999 ...... 11319 10411, 10962, 11533 Full text of the daily Federal Register, CFR and other 5 CFR 15 CFR publications: 532...... 9905, 774...... 10852 http://www.access.gpo.gov/nara 9905 806...... 10387 Federal Register information and research tools, including Public 7 CFR Inspection List, indexes, and links to GPO Access: 16 CFR 989...... 10919 http://www.nara.gov/fedreg Proposed Rules: 1434...... 10923 1213...... 10245 E-mail 1469...... 10929 1500...... 10245 Proposed Rules: 1513...... 10245 PENS (Public Law Electronic Notification Service) is an E-mail 301...... 11392 service that delivers information about recently enacted Public 1615...... 10963 916...... 11346 1616...... 10963 Laws. To subscribe, send E-mail to 917...... 11346 [email protected] 1823...... 10235 17 CFR with the text message: 1956...... 10235 228...... 11103 subscribe publaws-l 8 CFR 229...... 11103 230 ...... 11090, 11095, 11103 Use [email protected] only to subscribe or unsubscribe to 274a...... 11533 239...... 11103, 11118 PENS. We cannot respond to specific inquiries at that address. 9 CFR 240...... 10564 Reference questions. Send questions and comments about the Proposed Rules: Proposed Rules: Federal Register system to: 210...... 10579 1...... 10400 228...... 10579 [email protected] 3...... 10400 239...... 11118 113...... 10400 The Federal Register staff cannot interpret specific documents or 240 ...... 9948, 10579, 11124 regulations. 391...... 10402 10 CFR 19 CFR FEDERAL REGISTER PAGES AND DATES, MARCH Proposed Rules: 133...... 11376 9905±10100...... 1 63...... 10405 20 CFR 10101±10204...... 2 11 CFR 404...... 10103 10205±10386...... 3 Proposed Rules: 21 CFR 10387±10554...... 4 2...... 10405 10555±10918...... 5 4...... 10405 26...... 11376 10919±11372...... 8 5...... 10405 50...... 10942 11373±11754...... 9 177...... 10943 12 CFR 216...... 10944 3...... 10194 520...... 10103, 10389 208...... 10194 556...... 10103 225...... 10201 812...... 10942 325...... 10194 874...... 10947 567...... 10194 22 CFR Proposed Rules: 602...... 10954 171...... 10949 14 CFR 24 CFR 25...... 10740 3500...... 10080

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26 CFR 52...... 9951, 45 CFR 32...... 10531, 10548 9952, 10118, 10265, 10342 1...... 10218, 11378 60...... 9921 41...... 10531 60...... 10119, 11555 52 ...... 10531, 10535, 10538, 602...... 10218 Proposed Rules: 63...... 11555, 11560 10545, 10548 Proposed Rules: 92...... 10412 94...... 10596 53...... 10548 1...... 10262 95...... 10412 97...... 10118 1806...... 10571 20...... 10964 1224...... 10872 136...... 10596 1815...... 10573 2508...... 10872 27 CFR 271...... 10121 1819...... 10571 372...... 9957, 10597 46 CFR 1842...... 10573 13...... 10949 435...... 10266 1852...... 10571, 10573 502...... 9922 28 CFR 510...... 11156 42 CFR 49 CFR Proposed Rules: 514...... 11186 171...... 9923, 10742 25...... 10262 Proposed Rules: 515...... 11156 172...... 10742 549...... 10095 447...... 10412 520...... 11218 457...... 10412 530...... 11186 173...... 10742 33 CFR 535...... 11236 174...... 10742 175...... 10742 62...... 10104 43 CFR 545...... 9922 565...... 10395 176...... 10742 117...... 10104 Proposed Rules: 177...... 10742 320...... 11708 571...... 9922 3800...... 9960 572...... 11236 178...... 10742 326...... 11708 180...... 10742 331...... 11708 583...... 11156 44 CFR 571...... 10786, 11724 47 CFR 575...... 11724 34 CFR 64...... 9919 73...... 9923 596...... 10786 694...... 10184 65 ...... 11378, 11380, 11382, 11384 90...... 10395 1000Ð1199 ...... 10234 Proposed Rules: 36 CFR 67...... 11386, 11388 Proposed Rules: 1...... 9960 350...... 11414 61...... 11736 Proposed Rules: 67...... 11403, 11409 2...... 10266 571...... 9961, 10604 572...... 10965 39 CFR 77...... 10181 95...... 10266 80...... 10181 20...... 9915, 10219 81...... 10181 48 CFR 50 CFR 111...... 10950 82...... 10181 Ch. 1...... 10530, 10552 216...... 9925 Proposed Rules: 83...... 10181 1...... 10531, 10548 285...... 10576 111...... 11402 152...... 10181 4...... 10531 600...... 9932 220...... 10181 5...... 10535 660...... 9932 40 CFR 221...... 10181 8...... 10535 679 ...... 9937, 10397, 10398, 52...... 9916 222...... 10181 11...... 10538 10952, 11390 58...... 10389 207...... 10181 12...... 10531, 10535 Proposed Rules: 60...... 10105, 11536 301...... 10181 13...... 10538 216...... 9965 63...... 11536 303...... 10181 14...... 10531 285...... 10438 80...... 10366 306...... 10181 15...... 10544 600...... 10438 82...... 10374 308...... 10181 16...... 10538 622...... 10612, 10613 136...... 10391 320...... 10181 19...... 10535 630...... 10438 180 ...... 10227, 10233, 10567 324...... 10181 22...... 10545 635...... 10438 271...... 10111 325...... 10181 25...... 10548 644...... 10438 439...... 10391 328...... 10181 26...... 10531 648...... 11431 Proposed Rules: 333...... 10181 27...... 10531 660...... 10439 Ch. 1 ...... 10066 336...... 10181 31...... 10547 678...... 10438

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REMINDERS Oregon and Washington; promulgation; various Indian Reservation Roads The items in this list were comments due by 3-15- States: Negotiated Rulemaking editorially compiled as an aid 99; published 1-14-99 California; comments due by Committee; membership; to Federal Register users. AGRICULTURE 3-15-99; published 2-11- comments due by 3-15- Inclusion or exclusion from DEPARTMENT 99 99; published 2-11-99 this list has no legal Animal and Plant Health Illinois; comments due by 3- INTERIOR DEPARTMENT significance. Inspection Service 19-99; published 2-17-99 Fish and Wildlife Service New Jersey; comments due Livestock and poultry disease Endangered and threatened by 3-17-99; published 1- and control: species: RULES GOING INTO 22-99 Redband trout; comments EFFECT MARCH 9, 1999 Pseudorabies in swine; Water pollution; effluent due by 3-16-99; published payment of indemnity; guidelines for point source 1-6-99 AGRICULTURE comments due by 3-16- categories: DEPARTMENT 99; published 1-15-99 Centralized waste treatment INTERIOR DEPARTMENT Agricultural Marketing Plant-related quarantine, facilities; comments due Minerals Management Service foreign: by 3-15-99; published 1- Service Raisins produced from grapes Unmanufactured wood 13-99 Royalty and offshore grown inÐ articles; solid wood FEDERAL management programs; California; published 3-8-99 packing material; COMMUNICATIONS order appeals; comments comments due by 3-16- due by 3-15-99; published AGRICULTURE COMMISSION 99; published 1-20-99 1-12-99 DEPARTMENT Common carrier services: Food and Nutrition Service CONSUMER PRODUCT Telecommunications Act of INTERIOR DEPARTMENT SAFETY COMMISSION 1996; implementationÐ Food distribution programs: Hearings and Appeals Poison prevention packaging: Unauthorized changes of Indian households in Office, Interior Department consumers' long Oklahoma; waiver Child-resistant packaging Minerals Management Service; distance carriers authority; published 1-8-99 requirementsÐ royalty and offshore (slamming); subscriber Household products management programs; COMMERCE DEPARTMENT carrier selection containing methacrylic order appeals; comments National Oceanic and changes; comments due acid; comments due by due by 3-15-99; published Atmospheric Administration by 3-18-99; published 3-15-99; published 12- 1-12-99 Fishery conservation and 2-16-99 30-98 INTERIOR DEPARTMENT management: Radio stations; table of Tuna, Atlantic bluefin DEFENSE DEPARTMENT assignments: Surface Mining Reclamation fisheries; published 3-5-99 Acquisition regulations: New Hampshire; comments and Enforcement Office Permanent program and ENVIRONMENTAL Para-aramid fibers and due by 3-15-99; published abandoned mine land PROTECTION AGENCY yarns; comments due by 2-4-99 reclamation plan Drinking water: 3-16-99; published 1-15- New York; comments due 99 by 3-15-99; published 2-4- submissions: National primary drinking 99 Texas; comments due by 3- water regulationsÐ Taxpayer identification North Dakota; comments 15-99; published 2-12-99 Small public water numbers and commercial and government entity due by 3-15-99; published LABOR DEPARTMENT systems; unregulated 2-4-99 contaminant monitoring codes; comments due by Nationwide employment Oklahoma; comments due requirements; 3-16-99; published 1-15- statistics system; election by 3-15-99; published 2-4- suspension; published 99 process for State agency 99 1-8-99 ENVIRONMENTAL representatives for PROTECTION AGENCY Vermont; comments due by consultations with Labor NATIONAL CREDIT UNION 3-15-99; published 2-4-99 ADMINISTRATION Air pollutants, hazardous; Department; comments due national emission standards: FEDERAL RESERVE by 3-18-99; published 12- Credit unions: SYSTEM 18-98 Ferroalloys production, etc.; Loan interest rates; Availability of funds and published 2-8-99 comments due by 3-15- NORTHEAST DAIRY collection of checks COMPACT COMMISSION TRANSPORTATION 99; published 2-12-99 (Regulation CC): Over-order price regulations: DEPARTMENT Air pollutants; hazardous; Nonlocal check availability Milk handlers; administrative Federal Aviation national emission standards: schedule; maximum time assessment; comments Administration Glycol ethers category; limit on hold shortened; due by 3-17-99; published redefinition; comments comments due by 3-15- Airworthiness directives: 1-28-99 Boeing; published 2-2-99 due by 3-15-99; published 99; published 12-15-98 1-12-99 NUCLEAR REGULATORY TREASURY DEPARTMENT HOUSING AND URBAN Air pollution control; new COMMISSION Customs Service DEVELOPMENT motor vehicles and engines: DEPARTMENT Biproduct material; domestic Trademarks, tradenames, and Compression-ignition marine Mortgage and loan insurance licensing: copyrights: engines at or above 37 programs: Industrial devices containing Technical amendment; kilowatts; comments due Single family mortgage byproduct material; published 3-9-99 by 3-15-99; published 3-5- insuranceÐ information requirements; 99 Informed consumer choice comments due by 3-16- COMMENTS DUE NEXT Air programs: disclosure; comments 99; published 12-2-98 WEEK State program approvals due by 3-18-99; SMALL BUSINESS and delegation of Federal published 2-16-99 ADMINISTRATION AGRICULTURE authorities; comments due INTERIOR DEPARTMENT Government contracting DEPARTMENT by 3-15-99; published 1- Indian Affairs Bureau programs: Agricultural Marketing 12-99 Transportation Equity Act for Contract bundling; Service Air quality implementation 21st Century; comments due by 3-15- Hazelnuts grown inÐ plans; approval and implementation: 99; published 1-13-99

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SOCIAL SECURITY Bell; comments due by 3- Federal airways; comments by 3-17-99; published ADMINISTRATION 15-99; published 1-12-99 due by 3-15-99; published 12-17-98 Social security benefits and 1-25-99 Boeing; comments due by Procedure and administration: supplemental security 3-15-99; published 1-28- TREASURY DEPARTMENT income: 99 Internal Revenue Service Payment of internal revenue Federal old age, survivors Excise taxes: taxes by credit card and and disability insurance British Aerospace; comments due by 3-15- Prepaid telephone cards; debit card; cross- and aged, blind, and reference; and payment disabledÐ 99; published 2-17-99 communications excise tax; comments due by 3- by check or money order; Substantial gainful activity Industrie Aeronautiche e 17-99; published 12-17-98 comments due by 3-15- amounts; average Meccaniche; comments 99; published 12-15-98 monthly earnings due by 3-19-99; published Income taxes and employment taxes and collection of guidelines; comments 2-18-99 VETERANS AFFAIRS income taxes at source: due by 3-18-99; Robinson Helicopter Co.; DEPARTMENT published 2-16-99 comments due by 3-16- Retirement plans; TRANSPORTATION 99; published 1-15-99 distributions notice and Board of Veterans Appeals: DEPARTMENT consent requirements; Sikorsky; comments due by Appeals regulations and Federal Aviation new technologies; 3-16-99; published 1-15- rules of practiceÐ Administration comments due by 3-18- 99 Airworthiness directives: 99; published 12-18-98 Board decisions revised Agusta S.p.A.; comments Class D and Class E Income taxes: on grounds of clear and due by 3-19-99; published airspace; comments due by Qualified retirement plans, unmistakable error; 2-17-99 3-18-99; published 2-1-99 etc.Ð representatives Ayres Corp.; comments due Class E airspace; comments Relief from disqualification notification; comments by 3-15-99; published 1- due by 3-15-99; published for plans accepting due by 3-15-99; 13-99 1-26-99 rollovers; comments due published 2-12-99

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