Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions, 50115-50118 [E9-23503]
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations
and the Internal Revenue Service (IRS)
on an annual basis.
§ 239.13.
Program Performance Reviews.
HQUSACE will prepare monthly
program performance reviews using the
Homeowners Assistance Program
Management Information System;
HQUSACE Annual Management
Command Plan and Management
Control Checklist. In addition, program
monitoring will also be conducted
(through HAPMIS and CEFMS reports)
at the Headquarters Department of the
Army and at the DUSD(I&E) levels.
§ 239.14.
On-Site Inspections.
The HQUSACE and MSCs may
conduct periodic on-site inspections of
district offices and monitor program
execution through HAPMIS and CEFMS
reports.
§ 239.9.
50115
List of HAP field offices.
Homeowners Assistance Program
field offices that process HAP
applications for installations and
applicants located in the State
indicated. Questions should be directed
to the field office listed within the State
applicable to the installation.
Field office
For installations located in
U.S. Army Engineer District, Sacramento, CESPK, 1325 J Street, Sacramento, CA 95814–2922. (916) 557–6850 or 1–800–811–5532.
Internet Address: https://www.spk.usace.army.mil.
U.S. Army Engineer District, Savannah, CESAS, ATTN: RE–AH, P.O.
Box 889, Savannah, GA 31402–0889. 1–800–861–8144. Internet Address: https://www.sas.usace.army.mil/hapinv/.
Alaska, Arizona, California, Nevada, Utah, Idaho, Oregon, Pacific
Ocean Rim, Washington, Montana and Hawaii.
U.S. Army Engineer District, Fort Worth, CESWF, P.O. Box 17300, Fort
Worth, TX 76102–0300. (817) 886–1112. 1–888–231–7751. Internet
Address: https://www.swf.usace.army.mil.
in response to a request made by
Natural Resources Defense Council
(NRDC) in a letter dated February 17,
2009.
HAP Central Office, Homeowners
Assistance Program, Real Estate
Directorate, Military Division, 441 G
Street, NW., Washington, DC 20314–
1000.
Dated: September 23, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–23418 Filed 9–29–09; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 52
[EPA–HQ–OAR–2004–0014; FRL–8937–8]
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of grant of
reconsideration and administrative stay
of regulation.
SUMMARY: The Environmental Protection
Agency (EPA or Agency) is providing
notice that through a letter signed by the
Administrator on April 24, 2009, EPA
granted a petition for reconsideration of
the final rule titled, ‘‘Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Reconsideration of Inclusion of
Fugitive Emissions,’’ published on
December 19, 2008 (Fugitive Emissions
Rule). EPA’s decision to reconsider was
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Georgia, North Carolina, South Carolina, Alabama, Mississippi, Tennessee, Florida, Illinois, Indiana, Kentucky, Michigan, Ohio, Maryland, Delaware, District of Columbia, Pennsylvania, Virginia, Rhode
Island, New York, Vermont, New Hampshire, Massachusetts, Connecticut, Maine, New Jersey, West Virginia and Europe.
Arkansas, Louisiana, Oklahoma, Texas, New Mexico, Colorado, Iowa,
Nebraska, Michigan, Minnesota, North and South Dakota, Wisconsin,
Wyoming, Kansas and Missouri.
DATES: The amendments to 40 CFR parts
51 and 52 in this rule are effective from
September 30, 2009 through December
30, 2009. Effective September 30, 2009,
the following CFR sections are
administratively stayed until December
30, 2009: 40 CFR 51.165(a)(1)(v)(G),
(a)(1)(vi)(C)(3), (a)(1)(ix),
(a)(1)(xxviii)(B)(2), (a)(1)(xxviii)(B)(4),
(a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1),
(a)(1)(xxxv)(C), (a)(1)(xxxv)(D),
(a)(2)(ii)(B), (a)(6)(iii), (a)(6)(iv), and
(f)(4)(i)(D); 40 CFR 51.166, (a)(7)(iv)(b),
(b)(2)(v), (b)(3)(iii)(c), (b)(3)(iii)(d),
(b)(20), (b)(40)(ii)(b), (b)(40)(ii)(d),
(b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii),
(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and
(w)(4)(i)(d); 40 CFR part 51, Appendix
S, paragraphs II.A.5(vii), II.A.6(iii),
II.A.9, II.A.24(ii)(b), II.A.24(ii)(d),
II.A.30(i)(a), II.A.30(ii)(a), II.A.30(iii),
II.A.30(iv), IV.I.1(ii), IV.J.3, IV.J.4, and
IV.K.4(i)(d); and 40 CFR 52.21,
(a)(2)(iv)(b), (b)(2)(v), (b)(3)(iii)(b),
(b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b),
(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a),
(b)(48)(iii), (b)(48)(iv), (r)(6)(iii),
(r)(6)(iv), and (aa)(4)(i)(d).
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Wheeler, Air Quality Policy
Division, (C504–03), U.S.
Environmental Protection Agency,
Research Triangle Park, NC, 27711;
telephone number: (919) 541–9771; or
e-mail address: wheeler.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background Information
In addition to granting the petition for
reconsideration in the April 24, 2009
letter, EPA indicated that it was
administratively staying the rule for
three months from the date of the letter.
Since the initial decision to grant the
stay, EPA has learned that under the
present circumstances and in
accordance with the Office of Federal
Register’s regulations, the effective date
of the administrative stay of the Fugitive
Emissions Rule must be a date on or
after publication of notice announcing
the stay in the Federal Register. As a
result, EPA is announcing that the
corrected effective date of the stay is the
date of publication of this notice. This
stay of the Fugitives Emissions Rule will
be effective for a period of three months
beginning with the publication of this
document in the Federal Register. To
effectuate this stay of the December 19,
2008 rule, we are reinstating previous
provisions on a temporary basis. The
EPA will publish a document in the
Federal Register establishing a
comment period and opportunity for a
public hearing for the reconsideration
proceeding.
The petition for reconsideration and
request for administrative stay can be
found in the docket for the December
19, 2008 rule. EPA’s April 24, 2009
letter responding to NRDC’s request for
reconsideration is also in the docket.
EPA considered the petition for
reconsideration and request for stay,
along with information contained in the
rulemaking docket, in reaching a
decision on both the reconsideration
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and the stay of the Fugitives Emissions
Rule.
II. How Can I Get Copies of This
Document and Other Related
Information?
This Federal Register document, the
petition for reconsideration and the
letter granting reconsideration and an
administrative stay of the effectiveness
of the Fugitive Emissions Rule are
available in the docket for the final rule
titled ‘‘Prevention of Significant
Deterioration (PSD) and Nonattainment
New Source Review (NSR):
Reconsideration of Inclusion of Fugitive
Emissions,’’ published on December 19,
2008 at 73 FR 77882, under Docket ID
No. EPA–HQ–OAR–2004–0014. The
table below identifies the petitioner, the
date EPA received the petition, the
document identification number for the
petition, the date of EPA’s response, and
the document identification number for
EPA’s response.
Petitioner
Date of
petition to EPA
Petition:
Document No.
in docket
Date of EPA
response
EPA response:
Document No.
in docket
Natural Resources Defense Council ...............................................................
2/17/2009
0060
4/24/2009
0062
Note that all document numbers listed
in the table are in the form of ‘‘EPA–
HQ–OAR–2004–0014–xxxx.’’
All documents in the docket are listed
on the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the EPA Docket Center, Docket
ID No. EPA–HQ–OAR–2004–0014, EPA
West, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the EPA
Docket Center is (202) 566–1742.
In addition to being available in the
docket, an electronic copy of this
Federal Register notice and EPA’s
response letter to the petitioners are also
available on the World Wide Web at
https://www.epa.gov/nsr.
III. Judicial Review
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Under Clean Air Act section 307(b),
judicial review of the Agency’s decision
concerning the stay is available only by
filing a petition for review in the U.S.
Court of Appeals for the District of
Columbia Circuit on or before November
30, 2009.
Dated: July 24, 2009.
Lisa P. Jackson,
Administrator.
For the reasons discussed in the
preamble, the EPA amends 40 CFR parts
51 and 52 as follows:
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PART 51—[AMENDED]
1. The authority citation for part 51
continues to read as follows:
■
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
§ 51.165
[Amended]
2. Effective September 30, 2009, 40
CFR 51.165(a)(1)(v)(G), (a)(1)(vi)(C)(3),
(a)(1)(ix), (a)(1)(xxviii)(B)(2),
(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1),
(a)(1)(xxxv)(B)(1), (a)(1)(xxxv)(C),
(a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii),
(a)(6)(iv), and (f)(4)(i)(D) are
administratively stayed until December
30, 2009.
■ 3. Effective September 30, 2009
through December 30, 2009, amend 40
CFR 51.165 to add paragraph (a)(4) to
read as follows:
■
§ 51.165
Permit requirements.
(a) * * *
(4) Each plan may provide that the
provisions of this paragraph do not
apply to a source or modification that
would be a major stationary source or
major modification only if fugitive
emission to the extent quantifiable are
considered in calculating the potential
to emit of the stationary source or
modification and the source does not
belong to any of the following
categories:
(i) Coal cleaning plants (with thermal
dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction
plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable
of charging more than 250 tons of refuse
per day;
(ix) Hydrofluoric, sulfuric, or citric
acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing
plants;
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(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace
process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production
plants;
(xx) Chemical process plants—The
term chemical processing plant shall not
include ethanol production facilities
that produce ethanol by natural
fermentation included in NAICS codes
325193 or 312140;
(xxi) Fossil-fuel boilers (or
combination thereof) totaling more than
250 million British thermal units per
hour heat input;
(xxii) Petroleum storage and transfer
units with a total storage capacity
exceeding 300,000 barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil fuel-fired steam electric
plants of more than 250 million British
thermal units per hour heat input;
(xxvii) Any other stationary source
category which, as of August 7, 1980, is
being regulated under section 111 or
112 of the Act.
*
*
*
*
*
§ 51.166
[Amended]
4. Effective September 30, 2009, 40
CFR 51.166 (a)(7)(iv)(b), (b)(2)(v),
b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20),
(b)(40)(ii)(b), (b)(40)(ii)(d), (b)(47)(i)(a),
(b)(47)(ii)(a), (b)(47)(iii), (b)(47)(iv),
(r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d)
are administratively stayed until
December 30, 2009.
5. Effective September 30, 2009
through December 30, 2009, amend 40
CFR 51.166 to add paragraph (i)(l)(ii) to
read as follows:
■
§ 51.166 Prevention of significant
deterioration of air quality.
*
*
*
(i) * * *
(1) * * *
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(ii) The source or modification would
be a major stationary source or major
modification only if fugitive emissions,
to the extent quantifiable, are
considered in calculating the potential
to emit of the stationary source or
modification and such source does not
belong to any following categories:
(a) Coal cleaning plants (with thermal
dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction
plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of
charging more than 250 tons of refuse
per day;
(i) Hydrofluoric, sulfuric, or nitric
acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace
process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production
plants;
(t) Chemical process plants—The term
chemical processing plant shall not
include ethanol production facilities
that produce ethanol by natural
fermentation included in NAICS codes
325193 or 312140;
(u) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million
British thermal units per hour heat
input;
(v) Petroleum storage and transfer
units with a total storage capacity
exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric
plants of more than 250 million British
thermal units per hour heat input;
(aa) Any other stationary source
category which, as of August 7, 1980, is
being regulated under section 111 or
112 of the Act; or
*
*
*
*
*
Appendix S to 40 CFR Part 51
[Amended]
6. Effective September 30, 2009, 40
CFR part 51, Appendix S, paragraphs
II.A.5(vii), II.A.6(iii), II.A.9,
II.A.24(ii)(b), II.A.24(ii)(d), II.A.30(i)(a),
II.A.30(ii)(a), II.A.30(iii), II.A.30(iv),
IV.I.1(ii), IV.J.3, IV.J.4, and IV.K.4(i)(d)
are administratively stayed until
December 30, 2009.
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■
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7. Effective September 30, 2009
through December 30, 2009, amend
Appendix S to part 51 to add II.F to read
as follows:
■
Appendix S to Part 51—Emission Offset
Interpretative Ruling
*
*
*
*
*
II. * * *
F. Fugitive emission sources. Section IV. A.
of this Ruling shall not apply to a source or
modification that would be a major stationary
source or major modification only if fugitive
emissions, to the extent quantifiable, are
considered in calculating the potential to
emit of the stationary source or modification
and such source does not belong to any
following categories:
(1) Coal cleaning plants (with thermal
dryers);
(2) Kraft pulp mills;
(3) Portland cement plants;
(4) Primary zinc smelters;
(5) Iron and steel mills;
(6) Primary aluminum ore reduction
plants;
(7) Primary copper smelters;
(8) Municipal incinerators capable of
charging more than 250 tons of refuse per
day;
(9) Hydrofluoric, sulfuric, or nitric acid
plants;
(10) Petroleum refineries;
(11) Lime plants;
(12) Phosphate rock processing plants;
(13) Coke oven batteries;
(14) Sulfur recovery plants;
(15) Carbon black plants (furnace process);
(16) Primary lead smelters;
(17) Fuel conversion plants;
(18) Sintering plants;
(19) Secondary metal production plants;
(20) Chemical process plants—The term
chemical processing plant shall not include
ethanol production facilities that produce
ethanol by natural fermentation included in
NAICS codes 325193 or 312140;
(21) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million
British thermal units per hour heat input;
(22) Petroleum storage and transfer units
with a total storage capacity exceeding
300,000 barrels;
(23) Taconite ore processing plants;
(24) Glass fiber processing plants;
(25) Charcoal production plants;
(26) Fossil fuel-fired steam electric plants
of more than 250 million British thermal
units per hour heat input;
(27) Any other stationary source category
which, as of August 7, 1980, is being
regulated under section 111 or 112 of the Act.
*
*
*
*
*
PART 52—[AMENDED]
8. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.21
[Amended]
9. Effective September 30, 2009, 40
CFR 52.21 (a)(2)(iv)(b), (b)(2)(v),
(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20),
■
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(b)(41)(ii)(b), (b)(41)(ii)(d), (b)(48)(i)(a),
(b)(48)(ii)(a), (b)(48)(iii), (b)(48)(iv),
(r)(6)(iii), (r)(6)(iv), and (aa)(4)(i)(d),
December 30, 2009.
■ 10. Effective September 30, 2009
through December 30, 2009, amend 40
CFR 52.21 to add (i)(l)(vii) to read as
follows:
§ 52.21 Prevention of significant
deterioration of air quality.
*
*
*
*
*
(i) * * *
(1) * * *
(vii) The source or modification
would be a major stationary source or
major modification only if fugitive
emissions, to the extent quantifiable, are
considered in calculating the potential
to emit of the stationary source or
modification and the source does not
belong to any of the following
categories:
(a) Coal cleaning plants (with thermal
dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction
plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of
charging more than 250 tons of refuse
per day;
(i) Hydrofluoric, sulfuric, or nitric
acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace
process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production
plants;
(t) Chemical process plants—The term
chemical processing plant shall not
include ethanol production facilities
that produce ethanol by natural
fermentation included in NAICS codes
325193 or 312140;
(u) Fossil-fuel boilers (or combination
thereof) totaling more than 250 million
British thermal units per hour heat
input;
(v) Petroleum storage and transfer
units with a total storage capacity
exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric
plants of more than 250 million British
thermal units per hour heat input;
(aa) Any other stationary source
category which, as of August 7, 1980, is
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being regulated under section 111 or
112 of the Act; or
*
*
*
*
*
[FR Doc. E9–23503 Filed 9–29–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[NH–041–7013a; A–1–FRL–8955–9]
Approval and Promulgation of Air
Quality Implementation Plans; Revised
Format for Materials Being
Incorporated by Reference for New
Hampshire
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
SUMMARY: EPA is revising the format of
its regulations for materials submitted
by the State of New Hampshire that are
incorporated by reference (IBR) into its
State Implementation Plan (SIP). The
regulations affected by this format
change have all been previously
submitted by New Hampshire and
approved by EPA.
DATES: Effective Date: This rule is
effective on September 30, 2009.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100, Boston,
MA. EPA requests that if at all possible,
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
An electronic copy of the New
Hampshire regulations we have
approved for incorporation into the SIP
are also available by accessing https://
www.epa.gov/ne/topics/air/sips.html. A
hard copy of the regulatory and sourcespecific portions of the compilation will
also be maintained at the Air and
Radiation Docket and Information
Center, EPA West Building, Room 3334,
1301 Constitution Ave., NW.,
Washington, DC 20460 and the National
Archives and Records Administration
(NARA). If you wish to obtain materials
from a docket in the EPA Headquarters
Library, please call the Office of Air and
Radiation (OAR) Docket/Telephone
number (202) 566–1742. For
information on the availability of this
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14:46 Sep 29, 2009
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material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection
Agency, EPA New England Regional
Office, One Congress Street, Suite 1100
(CAQ), Boston, MA 02114–2023,
telephone number (617) 918–1668, fax
number (617) 918–0668, e-mail
cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Change of IBR Format
A. Description of a SIP
B. How EPA Enforces the SIP
C. How the State and EPA Update the SIP
D. How EPA Compiles the SIP
E. How EPA Organizes the SIP Compilation
F. Where You Can Find a Copy of the SIP
Compilation
G. The Format of the New Identification of
Plan Section
H. When a SIP Revision Becomes Federally
Enforceable
I. The Historical Record of SIP Revision
Approvals
II. What EPA Is Doing in This Action
III. Good Cause Exemption
IV. Statutory and Executive Order Reviews
A. General Requirements
B. Submission to Congress and the
Comptroller General
C. Petitions for Judicial Review
I. Change of IBR Format
This format revision will affect the
‘‘Identification of plan’’ section of 40
CFR part 52, as well as the format of the
SIP materials that will be available for
public inspection at the National
Archives and Records Administration
(NARA); the Air and Radiation Docket
and Information Center located at EPA
Headquarters in Washington, DC, and
the EPA New England Regional Office.
A. Description of a SIP
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS)
and achieve certain other Clean Air Act
(Act) requirements (e.g., visibility
requirements and prevention of
significant deterioration). The SIP is
extensive, containing such elements as
air pollution control regulations,
emission inventories, monitoring
network descriptions, attainment
demonstrations, and enforcement
mechanisms.
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B. How EPA Enforces the SIP
Each SIP revision submitted by New
Hampshire must be adopted at the state
level after undergoing reasonable notice
and opportunity for public comment.
SIPs submitted to EPA to attain or
maintain the NAAQS must include
enforceable emission limitations and
other control measures, schedules and
timetables for compliance.
EPA evaluates submitted SIPs to
determine if they meet the Act’s
requirements. If a SIP meets the Act’s
requirements, EPA will approve the SIP.
EPA’s notice of approval is published in
the Federal Register and the approval is
then codified in the Code of Federal
Regulations (CFR) at 40 CFR part 52.
Once EPA approves a SIP, it is
enforceable by EPA and citizens in
Federal district court.
We do not reproduce in 40 CFR part
52 the full text of the New Hampshire
regulations that we have approved;
instead, we incorporate them by
reference (‘‘IBR’’). We approve a given
state regulation with a specific effective
date and then refer the public to the
location(s) of the full text version of the
state regulation(s) should they want to
know which measures are contained in
a given SIP (see ‘‘I.F. Where You Can
Find a Copy of the SIP Compilation’’).
C. How the State and EPA Update the
SIP
The SIP is a living document which
the state can revise as necessary to
address the unique air pollution
problems in the state. Therefore, EPA
from time to time must take action on
SIP revisions containing new and/or
revised regulations.
On May 22, 1997 (62 FR 27968), EPA
announced revised procedures for
incorporating by reference federally
approved SIPs. The procedures
announced included: (1) A new process
for incorporating by reference material
submitted by states into compilations
and a process for updating those
compilations on roughly an annual
basis; (2) a revised mechanism for
announcing EPA approval of revisions
to an applicable SIP and updating both
the compilations and the CFR; and (3)
a revised format for the ‘‘Identification
of plan’’ sections for each applicable
subpart to reflect these revised IBR
procedures.
D. How EPA Compiles the SIP
We have organized into a compilation
the federally-approved regulations,
source-specific requirements and
nonregulatory provisions we have
approved into the SIP. We maintain
hard copies of the compilation in
E:\FR\FM\30SER1.SGM
30SER1
]]>Agencies
[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Rules and Regulations]
[Pages 50115-50118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23503]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[EPA-HQ-OAR-2004-0014; FRL-8937-8]
Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Reconsideration of Inclusion of Fugitive
Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of grant of reconsideration and
administrative stay of regulation.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or Agency) is
providing notice that through a letter signed by the Administrator on
April 24, 2009, EPA granted a petition for reconsideration of the final
rule titled, ``Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Reconsideration of Inclusion of
Fugitive Emissions,'' published on December 19, 2008 (Fugitive
Emissions Rule). EPA's decision to reconsider was in response to a
request made by Natural Resources Defense Council (NRDC) in a letter
dated February 17, 2009.
DATES: The amendments to 40 CFR parts 51 and 52 in this rule are
effective from September 30, 2009 through December 30, 2009. Effective
September 30, 2009, the following CFR sections are administratively
stayed until December 30, 2009: 40 CFR 51.165(a)(1)(v)(G),
(a)(1)(vi)(C)(3), (a)(1)(ix), (a)(1)(xxviii)(B)(2),
(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1),
(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii),
(a)(6)(iv), and (f)(4)(i)(D); 40 CFR 51.166, (a)(7)(iv)(b), (b)(2)(v),
(b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20), (b)(40)(ii)(b),
(b)(40)(ii)(d), (b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii),
(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d); 40 CFR part
51, Appendix S, paragraphs II.A.5(vii), II.A.6(iii), II.A.9,
II.A.24(ii)(b), II.A.24(ii)(d), II.A.30(i)(a), II.A.30(ii)(a),
II.A.30(iii), II.A.30(iv), IV.I.1(ii), IV.J.3, IV.J.4, and
IV.K.4(i)(d); and 40 CFR 52.21, (a)(2)(iv)(b), (b)(2)(v),
(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b),
(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), (b)(48)(iii),
(b)(48)(iv), (r)(6)(iii), (r)(6)(iv), and (aa)(4)(i)(d).
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Wheeler, Air Quality Policy
Division, (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC, 27711; telephone number: (919) 541-9771; or e-mail
address: wheeler.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
In addition to granting the petition for reconsideration in the
April 24, 2009 letter, EPA indicated that it was administratively
staying the rule for three months from the date of the letter. Since
the initial decision to grant the stay, EPA has learned that under the
present circumstances and in accordance with the Office of Federal
Register's regulations, the effective date of the administrative stay
of the Fugitive Emissions Rule must be a date on or after publication
of notice announcing the stay in the Federal Register. As a result, EPA
is announcing that the corrected effective date of the stay is the date
of publication of this notice. This stay of the Fugitives Emissions
Rule will be effective for a period of three months beginning with the
publication of this document in the Federal Register. To effectuate
this stay of the December 19, 2008 rule, we are reinstating previous
provisions on a temporary basis. The EPA will publish a document in the
Federal Register establishing a comment period and opportunity for a
public hearing for the reconsideration proceeding.
The petition for reconsideration and request for administrative
stay can be found in the docket for the December 19, 2008 rule. EPA's
April 24, 2009 letter responding to NRDC's request for reconsideration
is also in the docket. EPA considered the petition for reconsideration
and request for stay, along with information contained in the
rulemaking docket, in reaching a decision on both the reconsideration
[[Page 50116]]
and the stay of the Fugitives Emissions Rule.
II. How Can I Get Copies of This Document and Other Related
Information?
This Federal Register document, the petition for reconsideration
and the letter granting reconsideration and an administrative stay of
the effectiveness of the Fugitive Emissions Rule are available in the
docket for the final rule titled ``Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions,'' published on
December 19, 2008 at 73 FR 77882, under Docket ID No. EPA-HQ-OAR-2004-
0014. The table below identifies the petitioner, the date EPA received
the petition, the document identification number for the petition, the
date of EPA's response, and the document identification number for
EPA's response.
----------------------------------------------------------------------------------------------------------------
Petition: EPA response:
Petitioner Date of Document No. in Date of EPA Document No. in
petition to EPA docket response docket
----------------------------------------------------------------------------------------------------------------
Natural Resources Defense Council........... 2/17/2009 0060 4/24/2009 0062
----------------------------------------------------------------------------------------------------------------
Note that all document numbers listed in the table are in the form of
``EPA-HQ-OAR-2004-0014-xxxx.''
All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some
information may not be publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
the EPA Docket Center, Docket ID No. EPA-HQ-OAR-2004-0014, EPA West,
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1742.
In addition to being available in the docket, an electronic copy of
this Federal Register notice and EPA's response letter to the
petitioners are also available on the World Wide Web at https://www.epa.gov/nsr.
III. Judicial Review
Under Clean Air Act section 307(b), judicial review of the Agency's
decision concerning the stay is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit on or before November 30, 2009.
Dated: July 24, 2009.
Lisa P. Jackson,
Administrator.
0
For the reasons discussed in the preamble, the EPA amends 40 CFR parts
51 and 52 as follows:
PART 51--[AMENDED]
0
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
Sec. 51.165 [Amended]
0
2. Effective September 30, 2009, 40 CFR 51.165(a)(1)(v)(G),
(a)(1)(vi)(C)(3), (a)(1)(ix), (a)(1)(xxviii)(B)(2),
(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1),
(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii),
(a)(6)(iv), and (f)(4)(i)(D) are administratively stayed until December
30, 2009.
0
3. Effective September 30, 2009 through December 30, 2009, amend 40 CFR
51.165 to add paragraph (a)(4) to read as follows:
Sec. 51.165 Permit requirements.
(a) * * *
(4) Each plan may provide that the provisions of this paragraph do
not apply to a source or modification that would be a major stationary
source or major modification only if fugitive emission to the extent
quantifiable are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
(i) Coal cleaning plants (with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable of charging more than 250
tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or citric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
(xxi) Fossil-fuel boilers (or combination thereof) totaling more
than 250 million British thermal units per hour heat input;
(xxii) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
(xxvii) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
* * * * *
Sec. 51.166 [Amended]
0
4. Effective September 30, 2009, 40 CFR 51.166 (a)(7)(iv)(b),
(b)(2)(v), b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20), (b)(40)(ii)(b),
(b)(40)(ii)(d), (b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii),
(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d) are
administratively stayed until December 30, 2009.
5. Effective September 30, 2009 through December 30, 2009, amend 40
CFR 51.166 to add paragraph (i)(l)(ii) to read as follows:
Sec. 51.166 Prevention of significant deterioration of air quality.
* * * * *
(i) * * *
(1) * * *
[[Page 50117]]
(ii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of
the stationary source or modification and such source does not belong
to any following categories:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons
of refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
* * * * *
Appendix S to 40 CFR Part 51 [Amended]
0
6. Effective September 30, 2009, 40 CFR part 51, Appendix S, paragraphs
II.A.5(vii), II.A.6(iii), II.A.9, II.A.24(ii)(b), II.A.24(ii)(d),
II.A.30(i)(a), II.A.30(ii)(a), II.A.30(iii), II.A.30(iv), IV.I.1(ii),
IV.J.3, IV.J.4, and IV.K.4(i)(d) are administratively stayed until
December 30, 2009.
0
7. Effective September 30, 2009 through December 30, 2009, amend
Appendix S to part 51 to add II.F to read as follows:
Appendix S to Part 51--Emission Offset Interpretative Ruling
* * * * *
II. * * *
F. Fugitive emission sources. Section IV. A. of this Ruling
shall not apply to a source or modification that would be a major
stationary source or major modification only if fugitive emissions,
to the extent quantifiable, are considered in calculating the
potential to emit of the stationary source or modification and such
source does not belong to any following categories:
(1) Coal cleaning plants (with thermal dryers);
(2) Kraft pulp mills;
(3) Portland cement plants;
(4) Primary zinc smelters;
(5) Iron and steel mills;
(6) Primary aluminum ore reduction plants;
(7) Primary copper smelters;
(8) Municipal incinerators capable of charging more than 250
tons of refuse per day;
(9) Hydrofluoric, sulfuric, or nitric acid plants;
(10) Petroleum refineries;
(11) Lime plants;
(12) Phosphate rock processing plants;
(13) Coke oven batteries;
(14) Sulfur recovery plants;
(15) Carbon black plants (furnace process);
(16) Primary lead smelters;
(17) Fuel conversion plants;
(18) Sintering plants;
(19) Secondary metal production plants;
(20) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol
by natural fermentation included in NAICS codes 325193 or 312140;
(21) Fossil-fuel boilers (or combination thereof) totaling more
than 250 million British thermal units per hour heat input;
(22) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(23) Taconite ore processing plants;
(24) Glass fiber processing plants;
(25) Charcoal production plants;
(26) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
(27) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
* * * * *
PART 52--[AMENDED]
0
8. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Sec. 52.21 [Amended]
0
9. Effective September 30, 2009, 40 CFR 52.21 (a)(2)(iv)(b), (b)(2)(v),
(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b),
(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), (b)(48)(iii),
(b)(48)(iv), (r)(6)(iii), (r)(6)(iv), and (aa)(4)(i)(d), December 30,
2009.
0
10. Effective September 30, 2009 through December 30, 2009, amend 40
CFR 52.21 to add (i)(l)(vii) to read as follows:
Sec. 52.21 Prevention of significant deterioration of air quality.
* * * * *
(i) * * *
(1) * * *
(vii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of
the stationary source or modification and the source does not belong to
any of the following categories:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons
of refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
(aa) Any other stationary source category which, as of August 7,
1980, is
[[Page 50118]]
being regulated under section 111 or 112 of the Act; or
* * * * *
[FR Doc. E9-23503 Filed 9-29-09; 8:45 am]
BILLING CODE 6560-50-P
