The proposed rule amendments update, through September, 30, 2006, the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Parts 51, 60, 63 and 65.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Departmental

RULE NO: RULE TITLE
62-204.800: Federal Regulations Adopted by Reference
PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments update, through September, 30, 2006, the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Parts 51, 60, 63 and 65.

SPECIFIC AUTHORITY: 403.8055 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.8055 FS.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 403.8055, F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Ms. Rebecca Robinette, Office of General Counsel, Department of Environmental Protection, 3900 Commonwealth Blvd., MS 35, Tallahassee, Florida 32399-3000.

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-204.800 Federal Regulations Adopted by Reference.

All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of state law only where the context so provides.

(1) No change.

(2) Chapter 40, Code of Federal Regulations, Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans.

(a) No change.

(b) The following appendices of 40 CFR Part 51, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 CFR 51, Appendix M, Recommended Test Methods for State Implementation Plans; amended September 21, 2006, at 71 FR 55119.

2. through 3. No change.

(3) through (7) No change.

(8) Chapter 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.

(a) through (b) No change.

1. through 75. No change.

76. 40 CFR 60, Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines; promulgated July 11, 2006, at 71 FR 39153.

77. 40 CFR 60, Subpart KKKK, Standards for Stationary Combustion Turbines; promulgated July 6, 2006, at 71 FR 38481.

(c) No change.

(d) General Provisions Adopted. The general provisions of 40 CFR Part 60, Subpart A, revised as of July 1, 2001; amended August 27, 2001, at 66 FR 44978; amended July 8, 2004, at 69 FR 41346; amended May 18, 2005, at 70 FR 28605; amended December 16, 2005, at 70 FR 74869; amended June 1, 2006, at 71 FR 31100; amended July 6, 2006, at 71 FR 38481; amended July 11, 2006, at 71 FR 39153; are adopted and incorporated by reference except that the Secretary is not the Administrator for purposes of 40 CFR 60.4, 40 CFR 60.8(b)(2) and (3), 40 CFR 60.11(e)(7) and (8), 40 CFR 60.13(g), (i) and (j)(2), and 40 CFR 60.16.

(e) Appendices Adopted. The following appendices of 40 CFR Part 60, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. No change.

2. 40 CFR 60, Appendix A-2, Test Methods 2G through 3C; amended May 15, 2006, at 71 FR 28081.

3. No change.

4. 40 CFR 60, Appendix A-4, Test Methods 6 through 10B; amended May 15, 2006, at 71 FR 28081.

5. through 6. No change

7. 40 CFR 60, Appendix A-7, Test Methods 19 through 25E; amended May 15, 2006, at 71 FR 28081; amended September 21, 2006, at 71 FR 55119.

8. No change.

9. 40 CFR 60, Appendix B, Performance Specifications, amended January 12, 2004, at 69 FR 1785; amended May 18, 2005, at 70 FR 28605; amended September 21, 2006, at 71 FR 55119.

10. through 12. No change.

(9) through (10) No change.

(11) Chapter 40, Code of Federal Regulations, Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories.

(a) No change.

(b) Standards Adopted. The following National Emission Standards for Hazardous Air Pollutants contained in 40 CFR Part 63, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 CFR 63, Subpart F, Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.106(c)(1) through (4).

2. 40 CFR 63, Subpart G, Organic Hazardous Air Pollutants From the Synthetic Organic Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater; amended June 23, 2003, at 68 FR 37333; amended December 23, 2004, at 69 FR 76859; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.153(c)(1) through (4).

3. through 5. No change.

6. 40 CFR 63, Subpart L, Coke Oven Batteries; amended June 23, 2003, at 68 FR 37333; amended April 15, 2005, at 70 FR 19991; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.313(d)(1) through (5).

7. 40 CFR 63, Subpart M, Perchloroethylene Dry Cleaning Facilities; amended June 23, 2003, at 68 FR 37333; amended July 27, 2006, at 71 FR 42723; amended September 21, 2006, at 71 FR 55280; except that the Secretary is not the Administrator for purposes of 40 CFR 63.326(c)(1) through (4).

8. 40 CFR 63, Subpart N, Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; amended June 23, 2003, at 68 FR 37333; amended July 19, 2004, at 69 FR 42885; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.348(c)(1) through (4).

9. through 10. No change.

11. 40 CFR 63, Subpart R, Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations); amended June 23, 2003, at 68 FR 37333; amended December 19, 2003, at 68 FR 70959; amended April 6, 2006, at 71 FR 17352; except that the Secretary is not the Administrator for purposes of 40 CFR 63.429(c)(1) through (4).

12. through 13. No change.

14. 40 CFR 63, Subpart U, Group I Polymers and Resins; amended July 16, 2001, at 66 FR 36924; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.507(c)(1) through (4).

15. 40 CFR 63, Subpart W, Epoxy Resins Production and Non-Nylon Polyamides Production; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.529(c)(1) through (4).

16. No change.

17. 40 CFR 63, Subpart Y, Marine Tank Vessel Loading Operations; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.568(c)(1) through (4).

18. 40 CFR 63, Subpart AA, Phosphoric Acid Manufacturing Plants; amended December 17, 2001, at 66 FR 65072; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.611(c)(1) through (4).

19. 40 CFR 63, Subpart BB, Phosphate Fertilizers Production Plants; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.632(c)(1) through (4).

20. No change.

21. 40 CFR 63, Subpart DD, Off-Site Waste and Recovery Operations; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.698(c)(1) through (4).

22. No change.

23. 40 CFR 63, Subpart GG, Aerospace Manufacturing and Rework Facilities; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.759(c)(1) through (4).

24. 40 CFR 63, Subpart HH, Oil and Natural Gas Production Facilities; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.776(c)(1) through (4).

25. through 26. No change.

27. 40 CFR 63, Subpart KK, Printing and Publishing Industry; amended June 23, 2003, at 68 FR 37333; amended May 24, 2006, at 71 FR 29792; except that the Secretary is not the Administrator for purposes of 40 CFR 63.831(c)(1) through (4).

28. 40 CFR 63, Subpart LL, Primary Aluminum Reduction Plants; amended June 23, 2003, at 68 FR 37333; amended November 2, 2005, at 70 FR 66280; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.853(c)(1) through (4).

29. 40 CFR 63, Subpart MM, Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills; amended July 19, 2001, at 66 FR 37591; amended August 6, 2001, at 66 FR 41086; amended February 18, 2003, at 68 FR 7706; amended May 8, 2003, at 68 FR 24653; amended July 18, 2003, at 68 FR 42603; amended December 5, 2003, at 68 FR 67953, amended May 6, 2004, at 69 FR 25321; amended April 20, 2006, at 71 FR 20445.

30. through 33. No change.

34. 40 CFR 63, Subpart SS, Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process; amended July 12, 2002, at 67 FR 46257; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.992(b)(1) through (5).

35. though 39. No change.

40. 40 CFR 63, Subpart YY, Generic Maximum Achievable Control Technology Standards; amended November 2, 2001, at 66 FR 55844; amended July 12, 2002, at 67 FR 46257; amended July 12, 2002, at 67 FR 46289; amended February 10, 2003, at 68 FR 6635; amended April 13, 2005, at 70 FR 19266; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.1114(b)(1) through (5).

41. 40 CFR 63, Subpart CCC, Steel Pickling – HCL Process Facilities and Hydrochloric Acid Regeneration Plants; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1166(c)(1) through (8).

42. No change.

43. 40 CFR 63, Subpart EEE, Hazardous Waste Combustors; amended July 3, 2001, at 66 FR 35087; amended October 15, 2001, at 66 FR 52361; amended December 6, 2001, at 66 FR 63313; amended February 13, 2002, at 67 FR 6791; amended February 14, 2002, at 67 FR 6967; amended December 19, 2002, at 67 FR 77687; amended June 23, 2003, at 68 FR 37333; amended October 12, 2005, at 70 FR 59401; amended December 19, 2005, at 70 FR 75042; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1214(c)(1) through (4).

44. 40 CFR 63, Subpart GGG, Pharmaceuticals Production; amended April 2, 2002, at 67 FR 15486; amended June 23, 2003, at 68 FR 37333; amended May 13, 2005, at 70 FR 25665; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1261(c)(1) through (4).

45. 40 CFR 63, Subpart HHH, Natural Gas Transmission and Storage Facilities; amended September 27, 2001, at 66 FR 49299; amended February 22, 2002, at 67 FR 8202; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1286(c)(1) through (4).

46. No change.

47. 40 CFR 63, Subpart JJJ, Group IV Polymers and Resins; amended July 16, 2001, at 66 FR 36924; amended August 6, 2001, at 66 FR 40903; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1336(c)(1) through (4).

48. No change.

49. 40 CFR 63, Subpart MMM, Pesticide Active Ingredient Production; amended November 21, 2001, at 66 FR 58393; amended March 22, 2002, at 67 FR 13507; amended March 22, 2002, at 67 FR 13513; amended September 20, 2002, at 67 FR 59335; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1369(c)(1) through (4).

50. 40 CFR 63, Subpart NNN, Wool Fiberglass Manufacturing; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1388(c)(1) through (4).

51. 40 CFR 63, Subpart OOO, Manufacture of Amino/Phenolic Resins; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1419(c)(1) through (4).

52. 40 CFR 63, Subpart PPP, Polyether Polyols Production; amended June 23, 2003, at 68 FR 37333; amended July 1, 2004, at 69 FR 39862; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1421(c)(1) through (4).

53. 40 CFR 63, Subpart QQQ, Primary Copper Smelting; promulgated June 12, 2002, at 67 FR 40477; amended July 14, 2005, at 70 FR 40672; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1458(c)(1) through (4).

54. 40 CFR 63, Subpart RRR, Secondary Aluminum Production; amended September 24, 2002, at 67 FR 59787; amended November 8, 2002, at 67 FR 68038; amended December 30, 2002, at 67 FR 79807; amended June 23, 2003, at 68 FR 37333; amended September 3, 2004, at 69 FR 53979; amended October 3, 2005, at 70 FR 57513; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1519(c)(1) through (4).

55. 40 CFR 63, Subpart TTT, Primary Lead Smelting; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1550(c)(1) through (4).

56. 40 CFR 63, Subpart UUU, Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Units; promulgated April 11, 2002, at 67 FR 17761; amended February 9, 2005, at 70 FR 6929; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.1578(c)(1) through (5).

57. No change.

58. 40 CFR 63, Subpart XXX, Ferroalloys Production: Ferromanganese and Silicomanganese; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1661(c)(1) through (4).

59. 40 CFR 63, Subpart AAAA, Municipal Solid Waste Landfills; promulgated January 16, 2003, at 68 FR 2227; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1985(c).

60. 40 CFR 63, Subpart CCCC, Manufacturing of Nutritional Yeast; amended April 20, 2006, at 71 FR 20445.

61. 40 CFR 63, Subpart DDDD, Plywood and Composite Wood Products; promulgated July 30, 2004, at 69 FR 45943; amended February 16, 2006, at 71 FR 8341; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.2291(c)(1) through (5).

62. 40 CFR 63, Subpart EEEE, Organic Liquids Distribution (Non-Gasoline); promulgated February 3, 2004, at 69 FR 5038; amended April 20, 2006, at 71 FR 20445; amended July 28, 2006, at 71 FR 42897; except that the Secretary is not the Administrator for purposes of 40 CFR 63.2402(b)(1) through (4).

63. 40 CFR 63, Subpart FFFF, Miscellaneous Organic Chemical Manufacturing; promulgated November 10, 2003, at 68 FR 63851; amended July 1, 2005, at 70 FR 38553; amended August 30, 2005, at 70 FR 51269; amended March 1, 2006, at 71 FR 10439; amended April 20, 2006, at 71 FR 20445; July 14, 2006, at 71 FR 40315; except that the Secretary is not the Administrator for purposes of 40 CFR 63.2545(b)(1) through (4).

64. 40 CFR 63, Subpart GGGG, Solvent Extraction for Vegetable Oil Production; amended April 5, 2002, at 67 FR 16317; amended September 1, 2004, at 69 FR 53338; amended April 20, 2006, at 71 FR 20445.

65. 40 CFR 63, Subpart HHHH, National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production; promulgated April 11, 2002, at 67 FR 17823; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.3002(b)(1) through (4).

66.65. 40 CFR 63, Subpart IIII, Surface Coating of Automobiles and Light-Duty Trucks; promulgated April 26, 2004, at 69 FR 22601; amended April 20, 2006, at 71 FR 20445.

67.66. 40 CFR 63, Subpart JJJJ, Paper and Other Web Coating; promulgated December 4, 2002, at 67 FR 72329; amended May 24, 2006, at 71 FR 29792; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.3420(b).

68.67. 40 CFR 63, Subpart KKKK, Surface Coating of Metal Cans; promulgated November 13, 2003, at 68 FR 64431; amended January 6, 2006, at 71 FR 1377; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.3560(c)(1) through (4).

69.68. 40 CFR 63, Subpart MMMM, Surface Coating of Miscellaneous Metal Parts and Products; promulgated January 2, 2004, at 69 FR 129; amended April 26, 2004, at 69 FR 22601; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.3980(c)(1) through (4).

70.69. 40 CFR 63, Subpart NNNN, Surface Coating of Large Appliances; promulgated July 23, 2002, at 67 FR 48253; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.4180(c)(1) through (4).

71.70. 40 CFR 63, Subpart OOOO, Printing, Coating, and Dyeing of Fabrics and Other Textiles; promulgated May 29, 2003, at 68 FR 32171; amended August 4, 2004, at 69 FR 47001; amended April 20, 2006, at 71 FR 20445; amended May 24, 2006, at 71 FR 29792; except that the Secretary is not the Administrator for purposes of 40 CFR 63.4370(c)(1) through (4).

72.71. 40 CFR 63, Subpart PPPP, Surface Coating of Plastic Parts and Products; promulgated April 19, 2004, at 69 FR 20967; amended April 26, 2004, at 69 FR 22601; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.4580(c)(1) through (4).

73.72. 40 CFR 63, Subpart QQQQ, Surface Coating of Wood Building Products; promulgated May 28, 2003, at 68 FR 31745; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.4780(c)(1) through (4).

74.73. 40 CFR 63, Subpart RRRR, Surface Coating of Metal Furniture; promulgated May 23, 2003, at 68 FR 28605; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.4980(c)(1) through (4).

74. through 75. renumbered 75. through 76. No change.

77.76. 40 CFR 63, Subpart UUUU, Cellulose Products Manufacturing; promulgated June 11, 2002, at 67 FR 40043; amended June 24, 2005, at 70 FR 36523; amended August 10, 2005, at 70 FR 46683; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.5605(b)(1) through (4).

78.77. No change.

79.78. 40 CFR 63, Subpart WWWW, Reinforced Plastic Composites Production; promulgated April 21, 2003, at 68 FR 19375; amended August 25, 2005, at 70 FR 50117; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.5930(c)(1) through (4).

80.79. 40 CFR 63, Subpart XXXX, Rubber Tire Manufacturing; promulgated July 9, 2002, at 67 FR 45587; amended March 12, 2003, at 68 FR 11745; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.6014(c)(1) through (4).

81.80. 40 CFR 63, Subpart YYYY, Stationary Combustion Turbines; promulgated March 5, 2004, at 69 FR 10511; amended August 18, 2004, at 69 FR 51184; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.6170(c)(1) through (5).

82.81. 40 CFR 63, Subpart ZZZZ, Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines, promulgated June 15, 2004, at 69 FR 33473; amended April 20, 2006, at 71 FR 20445; amended June 23, 2006, at 71 FR 36014.

83.82. 40 CFR 63, Subpart AAAAA, Lime Manufacturing Plants; promulgated January 5, 2004, at 69 FR 393; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.7141(c)(1) through (6).

84.83. 40 CFR 63, Subpart BBBBB, Semiconductor Manufacturing; promulgated May 22, 2003, at 68 FR 27913; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.7194(c)(1) through (4).

85.84. 40 CFR 63, Subpart CCCCC, Coke Ovens: Pushing, Quenching, and Battery Stacks; promulgated April 14, 2003, at 68 FR 18007; amended April 22, 2003, at 68 FR 19885; amended October 13, 2004, at 69 FR 60813; amended August 2, 2005, at 70 FR 44285; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.7351(c)(1) through (6).

86.85. 40 CFR 63, Subpart DDDDD; Industrial, Commercial, and Institutional Boilers and Process, promulgated September 13, 2004, at 69 FR 55217; amended December 28, 2005, at 70 FR 76917; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.7570(b)(1) through (5).

87.86. 40 CFR 63, Subpart EEEEE, Iron and Steel Foundaries; promulgated April 22, 2004, at 69 FR 21905; amended May 20, 2005, at 70 FR 29399; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.7761(c)(1) through (4).

88.87. 40 CFR 63, Subpart FFFFF, Integrated Iron and Steel Manufacturing; promulgated May 20, 2003, at 68 FR 27645; amended April 20, 2006, at 71 FR 20445; amended July 13, 2006, at 71 FR 39579; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.7851(c)(1) through (4).

89.88. 40 CFR 63, Subpart GGGGG, Site Remediation; promulgated October 8, 2003, at 68 FR 58171; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.7956(c)(1) through (4).

90.89. 40 CFR 63, Subpart HHHHH, Miscellaneous Coating Manufacturing; promulgated December 11, 2003, at 68 FR 69163; amended December 29, 2003, at 68 FR 75033; amended May 13, 2005, at 70 FR 25675; amended July 6, 2005, at 70 FR 38780; amended December 21, 2005, at 70 FR 75923; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.8100(b)(1) through (4).

91.90. 40 CFR 63, Subpart IIIII, Mercury Emissions from Mercury Cell Chlor-Alkali Plants; promulgated December 19, 2003, at 68 FR 70903; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.8264(c)(1) through (4).

92.91. 40 CFR 63, Subpart JJJJJ, Brick and Structural Clay Products Manufacturing; promulgated May 16, 2003, at 68 FR 26689; amended May 28, 2003, at 68 FR 31744; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.8510(c)(1) through (4).

93.92. 40 CFR 63, Subpart KKKKK, Clay Ceramics Manufacturing; promulgated May 16, 2003, at 68 FR 26689; amended May 28, 2003, at 68 FR 31744; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.8660(c)(1) through (4).

94.93. 40 CFR 63, Subpart LLLLL, Asphalt Processing and Asphalt Roofing Manufacturing; promulgated May 7, 2003 at 68 FR 24561; amended May 17, 2005, at 70 FR 28359; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.8697(b)(1) through (4).

95.94. 40 CFR 63, Subpart MMMMM, Flexible Polyurethane Foam Fabrication Operations; promulgated April 14, 2003, at 68 FR 18061; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.8828(c)(1) through (4).

96.95. 40 CFR 63, Subpart NNNNN, Hydrochloric Acid Production; promulgated April 17, 2003, at 68 FR 19075; amended April 7, 2006, at 71 FR 17738; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.9070(c)(1) through (4).

97.96. 40 CFR 63, Subpart PPPPP, Engine Test Cells/Stands; promulgated May 27, 2003, at 68 FR 28774; amended August 28, 2003, at 68 FR 51830; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.9370(c)(1) through (4).

98.97. 40 CFR 63, Subpart QQQQQ, Friction Materials Manufacturing Facilities; promulgated October 18, 2002, at 67 FR 64497; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.9560(c)(1) through (4).

99.98. 40 CFR 63, Subpart RRRRR, Taconite Iron Ore Processing; promulgated October 30, 2003, at 68 FR 61867; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.9651(c)(1) through (4).

100.99. 40 CFR 63, Subpart SSSSS, Refractory Products Manufacturing; promulgated April 16, 2003, at 68 FR 18729; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.9822(c)(1) through (4).

101.100 40 CFR 63, Subpart TTTTT, Primary Magnesium Refining; promulgated October 10, 2003, at 68 FR 58615; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.9941(c)(1) through (4).

(c) through (d) No change.

1. 40 CFR Part 63, Subpart A, General Provisions; amended February 27, 2002, at 67 FR 9156; amended April 5, 2002, at 67 FR 16581; amended February 18, 2003, at 68 FR 7706; amended April 21, 2003, at 68 FR 19375; amended May 20, 2003, at 68 FR 27645; amended May 23, 2003, at 68 FR 28605; amended May 27, 2003, at 68 FR 28774; amended May 28, 2003, at 68 FR 31745; amended May 29, 2003, at 68 FR 32171; amended May 30, 2003, at 68 FR 32585; amended November 13, 2003, at 68 FR 64431; amended December 19, 2003, at 68 FR 70959; amended January 2, 2004, at 69 FR 129; amended February 3, 2004 at 69 FR 5038; amended April 19, 2004, at 69 FR 20967; amended April 22, 2004, at 69 FR 21905; amended April 26, 2004, at 69 FR 22601; amended June 15, 2004, at 69 FR 33473; amended July 30, 2004, at 69 FR 45943; amended April 15, 2005, at 70 FR 19991; amended May 20, 2005, at 70 FR 29399; amended October 12, 2005, at 70 FR 59401; amended April 20, 2006, at 71 FR 20445; except that the Secretary is not the Administrator for purposes of 40 CFR 63.5(e), 40 CFR 63.5(f), 40 CFR 63.6(g), 40 CFR 63.6(h)(9), 40 CFR 63.6(j), 40 CFR 63.13, and 40 CFR 63.14.

2. through 5. No change.

(e) No change.

(12) No change.

(13) Chapter 40, Code of Federal Regulations, Part 65, Consolidated Federal Air Rule. The following subparts of 40 CFR Part 65, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference.

(a) 40 CFR 65, Subpart A, General Provisions; amended April 20, 2006, at 71 FR 20445.

(b) through (g) No change.

(14) through (25) No change.

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 10-17-96, 12-20-96, 4-18-97, 6-18-97, 7-7-97, 10-3-97, 12-10-97, 3-2-98, 4-7-98, 5-20-98, 6-8-98, 10-19-98, 4-1-99, 7-1-99, 9-1-99, 10-1-99, 4-1-00, 10-1-00, 1-1-01, 8-1-01, 10-1-01, 4-1-02, 7-1-02, 10-1-02, 1-1-03, 4-1-03, 10-1-03, 1-1-04, 4-1-04, 7-1-04, 10-1-04, 1-1-05, 4-1-05, 7-1-05, 10-1-05, 1-1-06, 4-1-06, 7-1-06, 9-4-06, 9-6-06,________.