[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62470-62475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26243]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0633; FRL-9986-89-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Revisions to Regulation for Control of Ozone Season 
Nitrogen Oxide Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two 
state implementation plan (SIP) revisions submitted by the State of 
West Virginia. The revisions pertain to a West Virginia regulation that 
established the nitrogen oxides (NOX) ozone season trading 
program under the Clean Air Interstate Rule (CAIR), which implemented 
requirements for NOX reductions necessary to reduce 
interstate transport of pollution. The EPA-administered trading 
programs under CAIR were discontinued upon the implementation of the 
Cross-State Air Pollution Rule (CSAPR), which was promulgated by EPA to 
replace CAIR. CSAPR established Federal implementation plans (FIPs) for 
28 states, including West Virginia, and applied to electric generating 
units (EGUs). The SIP submittals are comprised of revisions to the West 
Virginia regulation that implemented the CAIR ozone season 
NOX trading program that had previously been included in the 
West Virginia SIP. The revised West Virginia regulation removed the 
CAIR ozone season NOX trading program provisions, which also 
addressed certain large non-electric generating units (non-EGUs), 
established new requirements for these large non-EGUs, included a 
state-wide NOX emissions cap, and recodified certain other 
provisions that address the NOX emission reductions required 
for cement kilns and internal combustion engines. EPA is approving 
these SIP revisions to West Virginia's ozone season NOX 
regulation in accordance with the requirements of the Clean Air Act 
(CAA).

DATES: This final rule is effective on January 3, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2017-0633. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 28, 2018 (82 FR 43836), EPA published a notice of 
proposed rulemaking (NPRM) which proposed approval of the SIP revisions 
submitted by the State of West Virginia for revisions to Regulation 
45CSR40. The first formal SIP revision was submitted by West Virginia 
through the West Virginia Department of Environmental Protection 
(WVDEP) on July 13, 2016. On October 10, 2017, WVDEP provided a 
supplemental SIP submission comprised of a demonstration showing that 
NOX emissions from applicable non-EGUs do not exceed the 
West

[[Page 62471]]

Virginia NOX budget under EPA's NOX SIP Call.\1\ 
The NOX SIP Call, issued pursuant to Section 110 of the CAA 
and codified at 40 CFR 51.121 and 51.122, was designed to mitigate 
significant transport of NOX, one of the precursors of 
ozone. At the same time, EPA developed the NOX Budget 
Trading Program, an EPA-administered allowance trading program that 
states could adopt to meet their obligations under the NOX 
SIP Call. The NOX Budget Trading Program allowed EGUs 
greater than 25 megawatts and industrial non-EGUs, such as boilers and 
turbines, with a rated heat input greater than 250 million British 
thermal units per hour (MMBtu/hr), referred to as ``large non-EGUs,'' 
to participate in a regional NOX cap and trade program. West 
Virginia complied with the NOX SIP Call by participation of 
its large EGUs and large non-EGUs in the NOX Budget Trading 
Program. EPA discontinued administration of the NOX Budget 
Trading Program in 2009 upon the start of the CAIR trading programs (70 
FR 25162, May 12, 2005). The NOX SIP Call requirements 
continued to apply, however, and EGUs in most states (including West 
Virginia) that formerly participated in the NOX Budget 
Trading Program continued to meet their NOX SIP Call 
requirements under the generally more stringent requirements of the 
CAIR NOX Ozone Season Trading Program, either pursuant to 
CAIR FIPs (71 FR 25328, April 28, 2006) or pursuant to approved CAIR 
SIP revisions.\2\ For the large non-EGUs, states needed to take 
regulatory action to ensure that their obligations under the 
NOX SIP Call continued to be met, either through an option 
to submit a CAIR SIP revision that allowed the non-EGUs to participate 
in the CAIR NOX Ozone Season Trading Program or through 
adoption of other replacement regulations. West Virginia chose to 
include the large non-EGUs as CAIR trading sources, and submitted, for 
inclusion in the SIP, Regulation 40CSR40 which implemented the CAIR 
NOX Ozone Season Trading Program and included the non-EGUs 
as trading sources. EPA approved Regulation 45CSR40 into the West 
Virginia SIP on August 4, 2009 (74 FR 38536). 45CSR40 also included 
requirements for stationary internal combustion engines and cement 
manufacturing kilns that are subject to the NOX SIP Call.
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    \1\ In October 1998 (63 FR 57356), EPA finalized the ``Finding 
of Significant Contribution and Rulemaking for Certain States in the 
Ozone Transport Assessment Group Region for Purposes of Reducing 
Regional Transport of Ozone''--commonly called the NOX 
SIP Call.
    \2\ EPA approved a CAIR SIP revision replacing the CAIR FIP for 
West Virginia on August 4, 2009 (74 FR 38536).
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    When CSAPR replaced CAIR starting on January 1, 2015,\3\ the CSAPR 
FIP trading programs for annual NOX, ozone season 
NOX and annual SO2 were applicable in West 
Virginia. Thus, since January 1, 2015, the provisions related to 
implementation of the CAIR Ozone Season Trading Program in West 
Virginia regulation 45CSR40 were obsolete. Initially, the CSAPR FIP 
trading programs applied only to EGUs and, unlike CAIR, did not provide 
for expansion of the ozone season trading program to include the 
NOX SIP Call large non-EGUs. States, like West Virginia, 
whose large non-EGUs had previously traded in the CAIR NOX 
Ozone Season Trading Program, were therefore required to address the 
non-EGU reduction requirements of the NOX SIP Call outside 
of a regional trading program.\4\
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    \3\ See NPRM for this action, page 43837, for details on the 
remand of CAIR.
    \4\ Subsequent to West Virginia's July 13, 2016 submission, EPA 
finalized the CSAPR Update Rule to address transport related to the 
2008 ozone NAAQS. It is noted that CSAPR Update included flexibility 
for states to submit SIPs that expand the CSAPR ozone season trading 
program to include the large non-EGUs. West Virginia has not 
submitted a SIP that includes the non-EGUs as participants in the 
CSAPR trading program.
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    The CSAPR FIPs which replaced CAIR only applied to EGUs, and, at 
the time West Virginia developed its SIP submittal, states did not have 
an option under CSAPR to bring their non-EGUs into the CSAPR 
NOX Ozone Season Trading Program. So, while EGU compliance 
with CSAPR satisfied the EGUs' NOX SIP Call requirements, 
West Virginia needed to modify its ozone season NOX 
regulation to address the NOX SIP Call requirements for the 
non-EGUs that were formerly trading in the CAIR NOX ozone 
season trading program. 40 CFR 51.121(f) sets forth alternatives for 
states to address NOX SIP Call reduction obligations for 
large non-EGUs including (1) imposing a NOX mass emissions 
cap on each source, (2) imposing a NOX emissions rate limit 
on each source and assuming maximum operating capacity for every such 
source for purposes of estimating NOX mass emissions, or (3) 
imposing other regulatory requirements that the state has demonstrated 
to EPA provide equivalent or greater assurance that the state will 
comply with its ozone season NOX budget.

II. Summary of SIP Revision and EPA Analysis

    Former Regulation 45CSR40 (effective in West Virginia on July 1, 
2016), which was approved into the West Virginia SIP, was originally 
adopted by WVDEP to implement the ozone season trading program under 
CAIR and to address NOX SIP Call requirements. The July 13, 
2016 West Virginia SIP submittal is comprised of a revised 45CSR40 
which removed the CAIR Ozone Season Trading Program provisions, 
retained the definitions, applicability, and other provisions 
responding to the NOX SIP Call (including monitoring under 
40 CFR part 75), added new requirements to address its NOX 
SIP Call obligations for sources that were trading under CAIR but are 
no longer part of a trading program, and retained and recodified the 
limits on NOX emissions that applied to stationary internal 
combustion engines and cement kilns previously in the former version of 
45CSR40 (with a State effective date of May 1, 2008) which EPA had 
approved into the West Virginia SIP. As the CAIR trading program has 
been replaced by the trading programs under CSAPR, as described 
previously, these revisions removing references to CAIR are consistent 
with the requirements for CAA 110(l) as CAIR was replaced by CSAPR and 
thus no longer yielded reductions in pollutants nor presently applied 
to any sources.
    On February 8, 2018, WVDEP provided a letter clarifying an 
applicability exclusion specified in section 4 of 45CSR40 of the July 
13, 2016 SIP submittal. The letter clarifies that the West Virginia 
regulation was intended to refer to current provisions of CSAPR, and 
thus is intended to refer to updated CSAPR provisions. The letter 
states that West Virginia will work towards revising 45CSR40 as 
expeditiously as possible to conform the regulation to refer to 
currently enforceable CSAPR provisions and will submit the revised 
45CSR40 as a SIP revision to EPA for approval once the regulation 
correctly refers to 40 CFR part 97, subpart EEEEE.
    Other specific requirements of revised West Virginia regulation 
45CSR40 and the rationale for EPA's proposed approval are explained in 
the NPRM and will not be restated here. However, EPA provides two 
clarifications on the NPRM--one pertains to an aspect of EPA's summary 
of the new sections in 45CSR40 that address ozone season NOX 
emissions, and the second pertains to the date of West Virginia's 
supplemental SIP submission.
    EPA's summary of section 4 (Applicability) explained that any unit 
that is already subject to the CSAPR NOX Ozone Season 
Trading Program FIP established under 40 CFR part 97, subpart BBBBB is 
exempt from the ozone season NOX emission limits,

[[Page 62472]]

monitoring, recordkeeping, and reporting requirements established in 
sections 5 and 6 of 45CSR40.\5\ Section 4 of 45CSR40 also exempts from 
applicability any units subject to a CSAPR-equivalent trading program 
established under regulations approved as a SIP revision pursuant to 40 
CFR 52.38(b)(5).\6\ Thus, while West Virginia presently does not have a 
CSAPR-equivalent program in its SIP, if West Virginia submits a SIP 
revision for a CSAPR-equivalent trading program in the future, and EPA 
approves the submittal into the State's SIP, sections 5 and 6 of 
45CSR40-4 would not apply to such units. EPA's intent, as stated in the 
NPRM, is to approve the State submission in full, including the 
entirety of section 4. Thus, our approval of 45CSR40 is not affected; 
we are providing this clarification to explain the breadth of 45CSR40.
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    \5\ As noted in section I of this document, West Virginia 
intends to update the existing reference to 40 CFR part 97, subpart 
BBBBB to cross-reference the currently applicable CFR provisions at 
40 CFR part 97, subpart EEEEE, after which West Virginia will submit 
the updated regulation to EPA for approval into the SIP.
    \6\ Consistent with the State's clarification that the existing 
reference to 40 CFR part 97, subpart BBBBB, is intended to cross-
reference the currently applicable CFR provisions at 40 CFR part 97, 
subpart EEEEE, the existing reference to 40 CFR 52.38(b)(5) should 
be understood as referring to the currently applicable CFR provision 
at 40 CFR 52.38(b)(9).
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    Also, EPA clarifies that the October 10, 2017 SIP submission, which 
West Virginia submitted to demonstrate compliance with its 
NOX SIP Call non-EGU NOX emissions budget, was 
the only supplemental submission from West Virginia. The references to 
an October 11, 2017 and an October 13, 2017 supplemental submission 
were in error and should have instead referred to the October 10, 2017 
submittal, which is included in the docket for this rulemaking action.

III. Public Comments and EPA's Responses

    EPA received three anonymous comments on the NPRM, all of which are 
in the docket for this rulemaking at www.regulations.gov. One of the 
comments did not concern any of the specific issues raised in the NPRM, 
nor did they address EPA's rationale for the proposed approval of 
WVDEP's submittal. Therefore, EPA is not responding to this comment. 
The remaining two comments are addressed as follows:
    Comment 1: A commenter noted that the NPRM made reference to an 
October 11, 2017 and an October 13, 2017 supplemental submission from 
West Virginia, and asked where these submissions were as the docket 
only included a supplemental submission dated October 10, 2017.
    EPA Response: The references to the October 11, 2017 and October 
13, 2017 submittals were in error as EPA intended to refer instead to 
the October 10, 2017 supplemental submission. There was only one 
supplemental submission from West Virginia--the October 10, 2017 
submittal, which provided the demonstration that West Virginia's 
NOX budget was being met. The docket included this 
submittal, and the preamble to this final rulemaking notice explains 
that the NPRM inadvertently cited the two incorrect dates that were 
both intended to refer to the October 10, 2017 submittal.
    Comment 2: A commenter made a general comment that, because of the 
large coal mining industry in West Virginia, air pollution should be 
taken seriously to ensure good air quality.
    EPA Response: As explained in this document and in the NPRM, this 
action establishes new requirements for large non-EGUs to meet West 
Virginia's obligations under the NOX SIP Call. Total 
NOX emissions from all affected units may not exceed West 
Virginia's statewide NOX budget, or cap, established by EPA 
under the NOX SIP Call. Continuous emissions monitoring, 
recordkeeping, and reporting are required to assure NOX 
emissions do not exceed the State cap. Thus, the 45CSR40 in the West 
Virginia SIP will not interfere with the air quality or CAA 
requirements, as EPA explained in the NPRM.

IV. Final Action

    EPA is approving West Virginia's July 13, 2016 SIP revision 
submittal as supplemented on October 10, 2017 and clarified on February 
8, 2018. Amended regulation 45CSR40 removes the obsolete provisions 
that implemented the CAIR NOX Ozone Season Trading Program, 
establishes new requirements to address the NOX SIP Call 
obligations for large non-EGUs in the State that were trading under 
CAIR but are no longer part of a trading program, establishes an 
enforceable statewide cap on ozone season NOX emissions for 
these non-EGUs in accordance with West Virginia's state budget under 
the NOX SIP Call, and recodifies previously SIP-approved 
provisions that apply to internal combustion engines and cement kilns. 
The October 10, 2017 supplemental submission demonstrates that the 
total NOX emissions from all affected large non-EGUs in West 
Virginia do not exceed the State cap previously established for West 
Virginia under the NOX SIP Call. The February 8, 2018 letter 
clarified West Virginia's intent to refer specifically to provisions of 
CSAPR presently enforceable and its intent to address the minor 
citation cross reference expeditiously with a future SIP revision 
submittal. The revisions are in accordance with section 110 of the CAA 
as the SIP submittal meets requirements in the CAA and in 40 CFR 51.121 
related to the NOX SIP Call requirements.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of West Virginia 
regulation 45CSR40--Control of Ozone Season Nitrogen Oxides Emissions. 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and at the EPA Region III Office 
(please contact the person identified in the For Further Information 
Contact section of this preamble for more information). Therefore, 
these materials have been approved by EPA for inclusion in the SIP, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\7\
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    \7\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because
    SIP approvals are exempted under Executive Order 12866.

[[Page 62473]]

     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 4, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action approving West Virginia revised regulation 45CSR40 
into the West Virginia SIP may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: November 13, 2018.
Cosmo Servidio,
Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (c) is amended by:
0
a. Revising the heading ``[45 CSR] Series 40 Control of Ozone Season 
Nitrogen Oxide Emissions to Mitigate Interstate Transport of Ozone and 
Nitrogen Oxides'' to read ``[45 CSR] Series 40 Control of Ozone Season 
Nitrogen Oxides Emissions'';
0
b. Revising ``Section 45-40-1'' through ``Section 45-40-11'';
0
c. Adding ``Section 45-40-9'' in numerical order;
0
d. Removing ``Section 45-40-12'' through ``Section 45-40-110'';
    The addition and revisions read as follows:


Sec.  52.2520   Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations In the West Virginia SIP
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                                                          State                                  Additional
 State citation [chapter 16-20      Title/subject       effective     EPA approval date    explanation/ citation
          or 45 CSR ]                                      date                              at 40 CFR 52.2565
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                      [45 CSR] Series 40 Control of Ozone Season Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Section 45-40-1...............  General..............       7/1/16  12/4/2018, [insert     Revising 1.1.a,
                                                                     Federal Register       1.1.b, and 1.1.c.
                                                                     citation].            Removing 1.2 and 1.3.
                                                                                           Recodifying 1.4 and
                                                                                            1.5 to 1.2 and 1.3,
                                                                                            respectively.
                                                                                           Revising 1.7 and
                                                                                            recodifying as 1.5.
                                                                                           Prior approval of
                                                                                            this section was 74
                                                                                            FR 38536 on 8/4/09.

[[Page 62474]]

 
Section 45-40-2...............  Definitions..........       7/1/16  12/4/2018, [insert     Removing 2.1, 2.2,
                                                                     Federal Register       2.3, 2.5-2.8, 2.10-
                                                                     citation].             2.28, 2.31-2.34,
                                                                                            2.36-2.39, 2.41,
                                                                                            2.42, 2.46-2.52,
                                                                                            2.54, 2.58, 2.59,
                                                                                            2.62-2.66, 2.68-
                                                                                            2.70, 2.72, 2.75,
                                                                                            2.78-2.82, 2.84-
                                                                                            2.87, 2.89, 2.90,
                                                                                            2.92, 2.93, 2.95-
                                                                                            2.97, and 2.99-
                                                                                            2.103.
                                                                                           Revising 2.35 and
                                                                                            recodifying as 2.5.
                                                                                           Revising 2.40 and
                                                                                            recodifying as 2.6.
                                                                                           Revising 2.43 and
                                                                                            recodifying as 2.7.
                                                                                           Revising 2.45 and
                                                                                            recodifying as 2.8.
                                                                                           Revising 2.45 and
                                                                                            recodifying as 2.9.
                                                                                           Revising 2.60 and
                                                                                            recodifying as 2.14.
                                                                                           Revising 2.61 and
                                                                                            recodifying as 2.15.
                                                                                           Revising 2.71 and
                                                                                            recodifying as 2.17.
                                                                                           Revising 2.88 and
                                                                                            recodifying as 2.23.
                                                                                           Revising 2.94 and
                                                                                            recodifying as 2.25.
                                                                                           Revising 2.98 and
                                                                                            recodifying as 2.26.
                                                                                           Recodifying 2.4 as
                                                                                            2.1, 2.9 as 2.2,
                                                                                            2.29 as 2.3,
                                                                                           2.30 as 2.4, 2.40 as
                                                                                            2.6, 2.44 as 2.8,
                                                                                            2.53 as 2.10, 2.55
                                                                                            as 2.11, 2.56 as
                                                                                            2.12, 2.57 as 2.13,
                                                                                            2.60 as 2.14, 2.67
                                                                                            as 2.16, 2.73 as
                                                                                            2.18, 2.74 as 2.19,
                                                                                            2.76 as 2.20, 2.77
                                                                                            as 2.21,
                                                                                           2.83 as 2.22, 2.91 as
                                                                                            2.24, and 2.104 as
                                                                                            2.27.
                                                                                           Prior approval of
                                                                                            this section was 74
                                                                                            FR 38536 on 8/4/09.
Section 45-40-3...............  Measurements,               7/1/16  12/4/2018, [insert     Removed definitions
                                 Abbreviations and                   Federal Register       for Hg, kW, kWh,
                                 Acronyms.                           citation].             MWw, MWh, O2, ppm,
                                                                                            lb, scfh, SO2, and
                                                                                            H2O.
                                                                                           Prior approval of
                                                                                            this section was 74
                                                                                            FR 38536 on 8/4/09.
Section 45-40-4...............  Applicability........       7/1/16  12/4/2018, [insert     Remove preamble, 4.1,
                                                                     Federal Register       4.2, 4.3, 4.4, and
                                                                     citation].             4.5.
                                                                                           Add new 4.1, 4.2, and
                                                                                            4.3.
                                                                                           Prior approval of
                                                                                            this section was 74
                                                                                            FR 38536 on 8/4/09.
Section 45-40-5...............  Ozone Season NOX            7/1/16  12/4/2018, [insert     Prior approval of
                                 Emission Limitations.               Federal Register       this section was 74
                                                                     citation].             FR 38536 on 8/4/09.
Section 45-40-6...............  Monitoring,                 7/1/16  12/4/2018, [insert     Prior approval of
                                 Recordkeeping and                   Federal Register       this section was 74
                                 Reporting                           citation].             FR 38536 on 8/4/09.
                                 Requirements.
Section 45-40-7...............  Violation............       7/1/16  12/4/2018, [insert     Prior approval of
                                                                     Federal Register       this section was 74
                                                                     citation].             FR 38536 on 8/4/09.
Section 45-40-8...............  Ozone Season NOX            7/1/16  12/4/2018, [insert     Prior approval of
                                 Budget Demonstration.               Federal Register       this section was 74
                                                                     citation].             FR 38536 on 8/4/09.
Section 45-40-9...............  Ozone Season NOX            7/1/16  12/4/2018, [insert     Prior approval of
                                 Reduction                           Federal Register       this section was 74
                                 Requirements for                    citation].             FR 38536 on 8/4/09.
                                 Stationary Internal
                                 Combusion Engines.
Section 45-40-10..............  Ozone Season NOX            7/1/16  12/4/2018, [insert     Prior approval of
                                 Reduction                           Federal Register       this section was 74
                                 Requirements for                    citation].             FR 38536 on 8/4/09.
                                 Emissions of NOX
                                 from Cement
                                 Manufacturing Kilns.
Section 45-40-11..............  Inconsistency Between       7/1/16  12/4/2018, [insert     Prior approval of
                                 Rules.                              Federal Register       this section was 74
                                                                     citation].             FR 38536 on 8/4/09.
 
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[FR Doc. 2018-26243 Filed 12-3-18; 8:45 am]
 BILLING CODE 6560-50-P


