Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Inclusion of Fugitive Emissions; Interim Final Rule; Stay, 65692-65696 [E9-29068]
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Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Rules and Regulations
flashing light, or other means, the
operator of a vessel must proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: November 19, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–29489 Filed 12–10–09; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 52
[EPA–HQ–OAR–2004–0014: FRL–9089–4]
RIN 2060–AP73
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NSR): Inclusion of Fugitive
Emissions; Interim Final Rule; Stay
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Interim final rule; Stay.
DATES: The amendments to 40 CFR parts
51 and 52 in this rule are effective from
December 31, 2009 through March 31,
2010. Effective December 31, 2009, the
following CFR sections are
administratively stayed until March 31,
2010: 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).
EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2004–0014. All
documents in the docket are listed in
the Federal Docket Management System
index at https://www.regulations.gov.
Although listed in the index, some
ADDRESSES:
EPA is making an interim
final determination to provide an
additional stay of the regulations
concerning the inclusion of fugitive
emissions.
SUMMARY:
information is not publicly available,
e.g., 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 Air and Radiation Docket, EPA West
Building, Room 3334, 1301 Constitution
Ave., 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 Air and Radiation
Docket is (202) 566–1742.
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; fax
number (919) 541–5509; or e-mail
address: wheeler.carrie@epa.gov.
Regulated
entities. Entities potentially affected by
this action include sources in all
industry groups. The majority of sources
potentially affected are expected to be in
the following groups.
SUPPLEMENTARY INFORMATION:
SIC a
Industry group
NAICS b
Electric Services ..............................
Petroleum Refining ..........................
Industrial Inorganic Chemicals ........
Industrial Organic Chemicals ..........
Miscellaneous Chemical Products ..
Natural Gas Liquids ........................
Natural Gas Transport ....................
Pulp and Paper Mills .......................
Paper Mills ......................................
Automobile Manufacturing ..............
491
291
281
286
289
132
492
261
262
371
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
Pharmaceuticals ..............................
Mining ..............................................
Agriculture, Fishing and Hunting .....
283 .................................................
211, 212, 213 ................................
111, 112, 113, 115 ........................
221111, 221112, 221113, 221119, 221121, 221122.
324110.
325181, 325120, 325131, 325182, 211112, 325998, 331311, 325188.
325110, 325132, 325192, 325188, 325193, 325120, 325199.
325520, 325920, 325910, 325182, 325510.
211112.
486210, 221210.
322110, 322121, 322122, 322130.
322121, 322122.
336111, 336112, 336211, 336992, 336322, 336312, 336330, 336340,
336350, 336399, 336212, 336213.
325411, 325412, 325413, 325414.
21.
11.
a Standard
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b North
Industrial Classification.
American Industry Classification System.
Entities potentially affected by this
action also include state, local, and
tribal governments.
World Wide Web. In addition to being
available in the docket, an electronic
copy of this final rule will also be
available on the World Wide Web.
Following signature by the EPA
Administrator, a copy of this final rule
will be posted in the regulations and
standards section of our New Source
Review (NSR) home page located at
https://www.epa.gov/nsr.
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Organization of this Document. The
following outline is provided to aid in
locating information in this preamble.
I. Background Information
II. What Action Is EPA Taking?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
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Minority Populations and Low-Income
Populations
K. Congressional Review Act
IV. Statutory Authority
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I. Background Information
On December 19, 2008, the EPA
(‘‘we’’) issued a final rule revising our
requirements of the major NSR
programs regarding the treatment of
fugitive emissions (‘‘Fugitive Emissions
Rule’’). 73 FR 77882. The final rule
required fugitive emissions to be
included in determining whether a
physical or operational change results in
a major modification only for sources in
industries that have been designated
through rulemaking under section 302(j)
of the Clean Air Act (CAA). The final
rule amended all portions of the major
NSR program regulations: Permit
requirements, the PSD program, and the
emission offset interpretive ruling.
On February 17, 2009, the Natural
Resources Defense Council submitted a
petition for reconsideration of the
December 2008 final rule as provided
for in CAA 307(d)(7)(B).1
On April 24, 2009, we responded to
the February 17, 2009 petition by letter
indicating that we were convening a
reconsideration proceeding for the
inclusion of fugitive emissions
challenged in the petition and granting
a 3-month administrative stay of the
rule contained in the federal Prevention
of Significant Deterioration (PSD)
program at 40 CFR Parts 51 and 52. The
letter also indicated that we would
publish a notice of proposed rulemaking
‘‘in the near future’’ to address the
specific issues for which we are granting
reconsideration.2
The administrative stay of the
Fugitive Emissions Rule became
effective on September 30, 2009. See 74
FR 50115, FR Doc. E9–23503. As noted
above, our authority under section
307(d)(7)(B) to stay a rule or portion
thereof solely under the Administrator’s
discretion is limited to 3 months.
II. What Action Is EPA Taking?
We are making an interim final
determination to provide an additional
stay for 3 months. The 3-month stay that
began on September 30, 2009 expires on
December 30, 2009. At that time,
facilities will be required to comply
with the final rule as published [73 FR
77882] unless an additional stay is set
in place. EPA intends to publish a
notice in the near future that will
propose an additional stay of the
Fugitive Emissions during the time
1 John Walke, NRDC, EPA–HQ–OAR–2004–0014–
0060.
2 Lisa Jackson, U.S. EPA, EPA–HQ–OAR–2004–
0014–0062
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period while EPA reconsiders the rule.
Since that proposed rule has not yet
published, any resulting final action
that EPA takes will likely occur after
December 30, 2009. EPA is invoking the
good cause exception under the
Administrative Procedure Act (APA) in
not providing an opportunity to
comment before this action takes effect
(5 U.S.C. 553(b)(3)).
EPA believes that notice-andcomment rulemaking before the
effective date of this action is
impracticable and contrary to the public
interest. EPA has stated in the
reconsideration and stay notices (74 FR
188) the reason for granting the 3-month
stay. As this reason remains valid, we
believe it is still appropriate for a stay
to be in effect until we have reached a
final decision on the reconsideration.
The initial stay expires on December 30,
2009, and EPA does not believe it can
complete notice and comment
rulemaking to provide an additional
stay before that date. It is not in the
public’s best interest to require
compliance with the rules as published
during the gap between the two dates.
Therefore, EPA believes that it is
necessary to use the interim final
rulemaking process to provide an
additional stay while the public has an
opportunity to comment on the
upcoming proposed action. EPA
anticipates completing that action by
March 31, 2010.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 (58 FR 51735, October 4, 1993)
and is, therefore, not subject to review
under the Executive Order.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. Burden is
defined at 5 CFR 1320.3(b). This action
only provides an additional stay of the
regulations at 40 CFR parts 51 and 52
concerning the inclusion of fugitive
emissions.
However, the Office of Management
and Budget (OMB) has previously
approved the information collection
requirements contained in the existing
regulations under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., and has assigned OMB
control number 2060–0003. The OMB
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65693
control numbers for EPA’s regulations
in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
This interim final rule is not subject
to the Regulatory Flexibility Act (RFA),
which generally requires an agency to
prepare a regulatory flexibility analysis
for any rule that will have a significant
economic impact on a substantial
number of small entities. The RFA
applies only to rules subject to notice
and comment rulemaking requirements
under the APA or any other statute. This
rule is not subject to notice and
comment requirements under the APA
or any other statute because, although
the rule is subject to the APA, the
Agency has invoked the ‘‘good cause’’
exemption under 5 U.S.C. 553(b);
therefore, it is not subject to the notice
and comment requirement.
D. Unfunded Mandates Reform Act
This action does not contain a federal
mandate under the provisions of Title II
of the Unfunded Mandates Reform Act
of 1995 (UMRA), 2 U.S.C. 1531–1538 for
state, local, and tribal governments, in
the aggregate, or the private sector. This
action only provides for an additional
stay of the regulations at 40 CFR parts
51 and 52 concerning the inclusion of
fugitive emissions. Thus, this rule is not
subject to the requirements of sections
202 or 205 of the UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
action only provides an additional stay
of the regulations at 40 CFR parts 51 and
52 concerning the inclusion of fugitive
emissions and does not impose any
additional enforceable duty.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in EO
13132. This action only provides an
additional stay of the regulations at 40
CFR parts 51 and 52 concerning the
inclusion of fugitive emissions. Thus,
EO 13132 does not apply to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in EO 13175
(65 FR 67249, November 9, 2000). This
action will not impose any new
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obligations or enforceable duties on
tribal governments. Thus, EO 13175
does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because this
action only provides an additional stay
of the regulations at 40 CFR parts 51 and
52 concerning the inclusion of fugitive
emissions.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
This action only provides an additional
stay of the regulations at 40 CFR parts
51 and 52 concerning the inclusion of
fugitive emissions.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law No.
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This action does not involve technical
standards. Therefore, EPA is not
considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
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justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this action
will not have a disproportionately high
and adverse human health or
environmental effects on minority or
low income populations because it only
provides an additional stay of the
regulations at 40 CFR parts 51 and 52
concerning the inclusion of fugitive
emissions.
K. Congressional Review Act
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary, or contrary to the public
interest. This determination must be
supported by a brief statement, 5 U.S.C.
808(2). As stated previously, EPA has
made such a good cause finding,
including the reasons therefore, and
established an effective date of
December 31, 2009. EPA will submit a
report containing this rule and other
required information to the United
States Senate, the United States House
of Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
IV. Statutory Authority
The statutory authority for this action
is provided by section 301(a) of the CAA
as amended (42 U.S.C. 7601(a)).
List of Subjects
40 CFR Part 51
Administrative practices and
procedures, Air pollution control,
Carbon monoxide, Fugitive emissions,
Intergovernmental relation, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides,
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Transportation, Volatile organic
compounds.
40 CFR Part 52
Administrative practices and
procedures, Air pollution control,
Carbon monoxide, Fugitive emissions,
Incorporation by reference,
Intergovernmental relation, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides,
Transportation, Volatile organic
compounds.
Dated: November 30, 2009.
Lisa P. Jackson,
Administrator.
For the reasons discussed in the
preamble, the EPA amends 40 CFR parts
51 and 52 as follows:
■
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 December 31, 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 stayed until
March 31, 2010.
■ 3. Effective December 31, 2009
through March 31, 2010, 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;
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(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.
*
*
*
*
*
§ 51.166
[Amended]
4. Effective December 31, 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 stayed until March 31, 2010.
■ 5. Effective December 31, 2009
through March 31, 2010, amend 40 CFR
51.166 to add paragraph (i)(l)(ii) to read
as follows:
■
§ 51.166 Prevention of significant
deterioration of air quality.
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*
*
*
*
*
(i) * * *
(1) * * *
(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;
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(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
*
*
*
*
*
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.
Appendix S to 40 CFR Part 51
[Amended]
PART 52—[AMENDED]
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
PO 00000
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Fmt 4700
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*
*
*
*
8. The authority citation for part 52
continues to read as follows:
■
6. Effective December 31, 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 stayed until March 31, 2010.
■ 7. Effective December 31, 2009
through March 31, 2010, amend
Appendix S to part 51 to add II.F to read
as follows:
■
*
*
Authority: 42 U.S.C. 7401 et seq.
§ 52.21
[Amended]
9. Effective December 31, 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) are
stayed until March 31, 2010.
■ 10. Effective December 31, 2009
through March 31, 2010, 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) * * *
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65696
Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
(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
VerDate Nov<24>2008
15:09 Dec 10, 2009
Jkt 220001
being regulated under section 111 or
112 of the Act; or
*
*
*
*
*
[FR Doc. E9–29068 Filed 12–10–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 172
[Docket No. PHMSA–2009–0238 (HM–224G)]
RIN 2137–AE49
Hazardous Materials: Chemical
Oxygen Generators
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA).
ACTION: Final rule; confirmation of
effective date.
SUMMARY: PHMSA is confirming the
effective date of its direct final rule,
published under Docket No. PHMSA–
2009–0238 (HM–224G) on October 15,
2009, to amend the Hazardous Materials
Regulations by revising the quantity
limitation from 25 kg ‘‘gross’’ to 25 kg
‘‘net’’ for packages of chemical oxygen
generators transported aboard cargo
aircraft only. The direct final rule stated
that it would become effective on
November 16, 2009 unless an adverse
comment or notice of intent to file an
adverse comment was received by
November 16, 2009. PHMSA did not
receive any adverse comments or notice
of intent to file an adverse comment to
its October 15, 2009 direct final rule.
DATES: The November 16, 2009 effective
date of the direct final rule published on
October 15, 2009 (74 FR 52896), is
confirmed.
FOR FURTHER INFORMATION CONTACT: T.
Glenn Foster, (202) 366–8553, U.S.
Department of Transportation, Pipeline
and Hazardous Materials Safety
Administration, Office of Hazardous
Materials Standards, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
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Fmt 4700
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SUPPLEMENTARY INFORMATION:
On January 31, 2007, PHMSA issued
a final rule under Docket No. RSPA–04–
17664 (HM–224B) to enhance the safety
standards for transportation by air of
compressed oxygen, other oxidizing
gases, and chemical oxygen generators
(72 FR 4442). Specifically, the final rule
amended the HMR to require cylinders
of compressed oxygen and chemical
oxygen generators to be transported in
an outer packaging that: (1) Meets the
same flame penetration resistance
standards as required for cargo
compartment sidewalls and ceiling
panels in transport category airplanes;
and (2) provides certain thermal
protection capabilities so as to retain its
contents during an otherwise
controllable cargo compartment fire.
In response to a petition, PHMSA
determined it was necessary to revise
the quantity limitation for packages of
chemical oxygen generators transported
aboard cargo aircraft only from 25
kilograms ‘‘gross’’ to 25 kilograms ‘‘net,’’
and published a direct final rule in the
Federal Register on October 15, 2009.
PHMSA stated in the direct final rule
that it would consider as adverse
comments only those comments that
explain why a rule would be
inappropriate, or would be ineffective or
unacceptable without a change. PHMSA
did not receive an adverse comment or
notice of intent to file an adverse
comment in response to the direct final
rule. In this present notice, PHMSA is
confirming that the effective date for the
October 15, 2009 direct final rule is
November 16, 2009.
List of Subjects in 49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Labeling, Markings, Packaging and
containers, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on December 7,
2009 under authority delegated in 49 CFR
part 106.
Cynthia L. Quarterman,
Administrator.
[FR Doc. E9–29522 Filed 12–10–09; 8:45 am]
BILLING CODE 4910–60–P
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]]>Agencies
[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Rules and Regulations]
[Pages 65692-65696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29068]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[EPA-HQ-OAR-2004-0014: FRL-9089-4]
RIN 2060-AP73
Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Inclusion of Fugitive Emissions; Interim Final
Rule; Stay
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule; Stay.
-----------------------------------------------------------------------
SUMMARY: EPA is making an interim final determination to provide an
additional stay of the regulations concerning the inclusion of fugitive
emissions.
DATES: The amendments to 40 CFR parts 51 and 52 in this rule are
effective from December 31, 2009 through March 31, 2010. Effective
December 31, 2009, the following CFR sections are administratively
stayed until March 31, 2010: 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).
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2004-0014. All documents in the docket are listed in the
Federal Docket Management System index at https://www.regulations.gov.
Although listed in the index, some information is not publicly
available, e.g., 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 Air and Radiation Docket,
EPA West Building, Room 3334, 1301 Constitution Ave., 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
Air and Radiation Docket is (202) 566-1742.
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; fax number
(919) 541-5509; or e-mail address: wheeler.carrie@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially
affected by this action include sources in all industry groups. The
majority of sources potentially affected are expected to be in the
following groups.
------------------------------------------------------------------------
Industry group SIC \a\ NAICS \b\
------------------------------------------------------------------------
Electric Services............. 491.............. 221111, 221112,
221113, 221119,
221121, 221122.
Petroleum Refining............ 291.............. 324110.
Industrial Inorganic Chemicals 281.............. 325181, 325120,
325131, 325182,
211112, 325998,
331311, 325188.
Industrial Organic Chemicals.. 286.............. 325110, 325132,
325192, 325188,
325193, 325120,
325199.
Miscellaneous Chemical 289.............. 325520, 325920,
Products. 325910, 325182,
325510.
Natural Gas Liquids........... 132.............. 211112.
Natural Gas Transport......... 492.............. 486210, 221210.
Pulp and Paper Mills.......... 261.............. 322110, 322121,
322122, 322130.
Paper Mills................... 262.............. 322121, 322122.
Automobile Manufacturing...... 371.............. 336111, 336112,
336211, 336992,
336322, 336312,
336330, 336340,
336350, 336399,
336212, 336213.
Pharmaceuticals............... 283.............. 325411, 325412,
325413, 325414.
Mining........................ 211, 212, 213.... 21.
Agriculture, Fishing and 111, 112, 113, 11.
Hunting. 115.
------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Industry Classification System.
Entities potentially affected by this action also include state,
local, and tribal governments.
World Wide Web. In addition to being available in the docket, an
electronic copy of this final rule will also be available on the World
Wide Web. Following signature by the EPA Administrator, a copy of this
final rule will be posted in the regulations and standards section of
our New Source Review (NSR) home page located at https://www.epa.gov/nsr.
Organization of this Document. The following outline is provided to
aid in locating information in this preamble.
I. Background Information
II. What Action Is EPA Taking?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in
[[Page 65693]]
Minority Populations and Low-Income Populations
K. Congressional Review Act
IV. Statutory Authority
I. Background Information
On December 19, 2008, the EPA (``we'') issued a final rule revising
our requirements of the major NSR programs regarding the treatment of
fugitive emissions (``Fugitive Emissions Rule''). 73 FR 77882. The
final rule required fugitive emissions to be included in determining
whether a physical or operational change results in a major
modification only for sources in industries that have been designated
through rulemaking under section 302(j) of the Clean Air Act (CAA). The
final rule amended all portions of the major NSR program regulations:
Permit requirements, the PSD program, and the emission offset
interpretive ruling.
On February 17, 2009, the Natural Resources Defense Council
submitted a petition for reconsideration of the December 2008 final
rule as provided for in CAA 307(d)(7)(B).\1\
---------------------------------------------------------------------------
\1\ John Walke, NRDC, EPA-HQ-OAR-2004-0014-0060.
---------------------------------------------------------------------------
On April 24, 2009, we responded to the February 17, 2009 petition
by letter indicating that we were convening a reconsideration
proceeding for the inclusion of fugitive emissions challenged in the
petition and granting a 3-month administrative stay of the rule
contained in the federal Prevention of Significant Deterioration (PSD)
program at 40 CFR Parts 51 and 52. The letter also indicated that we
would publish a notice of proposed rulemaking ``in the near future'' to
address the specific issues for which we are granting
reconsideration.\2\
---------------------------------------------------------------------------
\2\ Lisa Jackson, U.S. EPA, EPA-HQ-OAR-2004-0014-0062
---------------------------------------------------------------------------
The administrative stay of the Fugitive Emissions Rule became
effective on September 30, 2009. See 74 FR 50115, FR Doc. E9-23503. As
noted above, our authority under section 307(d)(7)(B) to stay a rule or
portion thereof solely under the Administrator's discretion is limited
to 3 months.
II. What Action Is EPA Taking?
We are making an interim final determination to provide an
additional stay for 3 months. The 3-month stay that began on September
30, 2009 expires on December 30, 2009. At that time, facilities will be
required to comply with the final rule as published [73 FR 77882]
unless an additional stay is set in place. EPA intends to publish a
notice in the near future that will propose an additional stay of the
Fugitive Emissions during the time period while EPA reconsiders the
rule. Since that proposed rule has not yet published, any resulting
final action that EPA takes will likely occur after December 30, 2009.
EPA is invoking the good cause exception under the Administrative
Procedure Act (APA) in not providing an opportunity to comment before
this action takes effect (5 U.S.C. 553(b)(3)).
EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. EPA has stated in the reconsideration and stay notices
(74 FR 188) the reason for granting the 3-month stay. As this reason
remains valid, we believe it is still appropriate for a stay to be in
effect until we have reached a final decision on the reconsideration.
The initial stay expires on December 30, 2009, and EPA does not believe
it can complete notice and comment rulemaking to provide an additional
stay before that date. It is not in the public's best interest to
require compliance with the rules as published during the gap between
the two dates. Therefore, EPA believes that it is necessary to use the
interim final rulemaking process to provide an additional stay while
the public has an opportunity to comment on the upcoming proposed
action. EPA anticipates completing that action by March 31, 2010.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' under the terms of
Executive Order 12866 (58 FR 51735, October 4, 1993) and is, therefore,
not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action only provides an
additional stay of the regulations at 40 CFR parts 51 and 52 concerning
the inclusion of fugitive emissions.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060-
0003. The OMB control numbers for EPA's regulations in 40 CFR are
listed in 40 CFR part 9.
C. Regulatory Flexibility Act
This interim final rule is not subject to the Regulatory
Flexibility Act (RFA), which generally requires an agency to prepare a
regulatory flexibility analysis for any rule that will have a
significant economic impact on a substantial number of small entities.
The RFA applies only to rules subject to notice and comment rulemaking
requirements under the APA or any other statute. This rule is not
subject to notice and comment requirements under the APA or any other
statute because, although the rule is subject to the APA, the Agency
has invoked the ``good cause'' exemption under 5 U.S.C. 553(b);
therefore, it is not subject to the notice and comment requirement.
D. Unfunded Mandates Reform Act
This action does not contain a federal mandate under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538 for state, local, and tribal governments, in the
aggregate, or the private sector. This action only provides for an
additional stay of the regulations at 40 CFR parts 51 and 52 concerning
the inclusion of fugitive emissions. Thus, this rule is not subject to
the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action only
provides an additional stay of the regulations at 40 CFR parts 51 and
52 concerning the inclusion of fugitive emissions and does not impose
any additional enforceable duty.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in EO 13132. This action only provides an additional stay of
the regulations at 40 CFR parts 51 and 52 concerning the inclusion of
fugitive emissions. Thus, EO 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in EO
13175 (65 FR 67249, November 9, 2000). This action will not impose any
new
[[Page 65694]]
obligations or enforceable duties on tribal governments. Thus, EO 13175
does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because this action only
provides an additional stay of the regulations at 40 CFR parts 51 and
52 concerning the inclusion of fugitive emissions.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action only provides an additional
stay of the regulations at 40 CFR parts 51 and 52 concerning the
inclusion of fugitive emissions.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA is
not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this action will not have a
disproportionately high and adverse human health or environmental
effects on minority or low income populations because it only provides
an additional stay of the regulations at 40 CFR parts 51 and 52
concerning the inclusion of fugitive emissions.
K. Congressional Review Act
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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary, or contrary to the public interest. This
determination must be supported by a brief statement, 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefore, and established an effective date of December
31, 2009. EPA will submit a report containing this rule and other
required information to the United States Senate, the United States
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
IV. Statutory Authority
The statutory authority for this action is provided by section
301(a) of the CAA as amended (42 U.S.C. 7601(a)).
List of Subjects
40 CFR Part 51
Administrative practices and procedures, Air pollution control,
Carbon monoxide, Fugitive emissions, Intergovernmental relation, Lead,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Transportation, Volatile
organic compounds.
40 CFR Part 52
Administrative practices and procedures, Air pollution control,
Carbon monoxide, Fugitive emissions, Incorporation by reference,
Intergovernmental relation, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Transportation, Volatile organic compounds.
Dated: November 30, 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 December 31, 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 stayed until March 31, 2010.
0
3. Effective December 31, 2009 through March 31, 2010, 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;
[[Page 65695]]
(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 December 31, 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 stayed
until March 31, 2010.
0
5. Effective December 31, 2009 through March 31, 2010, 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) * * *
(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 December 31, 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 stayed until March 31, 2010.
0
7. Effective December 31, 2009 through March 31, 2010, 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 December 31, 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) are stayed
until March 31, 2010.
0
10. Effective December 31, 2009 through March 31, 2010, 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) * * *
[[Page 65696]]
(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 being regulated under section 111 or 112 of the Act; or
* * * * *
[FR Doc. E9-29068 Filed 12-10-09; 8:45 am]
BILLING CODE 6560-50-P
