[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80300-80301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31114]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-8759-5]
Clean Air Act Prevention of Significant Deterioration (PSD)
Construction Permit Program; Interpretation of Regulations That
Determine Pollutants Covered by the Federal PSD Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of issuance of the Administrator's interpretation.
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SUMMARY: On December 18, 2008, the Administrator issued an interpretive
memorandum entitled ``EPA's Interpretation of Regulations That
Determine Pollutants Covered by Federal Prevention of Significant
Deterioration (PSD) Permit Program.'' This memorandum clarifies the
scope of
[[Page 80301]]
the EPA regulation that determines the pollutants subject to the
Federal PSD program under the Clean Air Act (Act). Under Title I, Part
C of the Act, the PSD program preconstruction permit requirement
applies to any new major stationary source or modified existing major
stationary source of regulated air pollutants located in an area that
is either attaining the National Ambient Air Quality Standards (NAAQS)
or unclassifiable. Under the Federal PSD permitting regulations, only
new or modified major sources that emit one or more ``regulated NSR
pollutants,'' as that term is defined in the regulations, are subject
to the requirements of the PSD program, including the requirement to
install the best available control technology (BACT) for those
regulated NSR pollutants that the facility has the potential to emit in
significant amounts. This memorandum contains EPA's definitive
interpretation of ``regulated NSR pollutant'' and is intended to
resolve any ambiguity in the definition, which includes ``any pollutant
that otherwise is subject to regulation under the Act.'' As of the date
of the memorandum, EPA interprets this definition of ``regulated NSR
pollutant'' to exclude pollutants for which EPA regulations only
require monitoring or reporting but include all pollutants subject to a
provision in the Act or regulation adopted by EPA under the Act that
requires actual control of emissions of that pollutant.
FOR FURTHER INFORMATION CONTACT: Mike Sewell, Office of Air Quality
Planning and Standards, Air Quality Policy Division (C 504-03),
Environmental Protection Agency, 109 TW Alexander Drive, Research
Triangle Park, NC 27709; telephone number: (919) 541-0873; fax number:
(919) 541-5509; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/. You may access the memorandum
at http://www.epa.gov/nsr.
Statutory and Executive Orders
This action is not a rule as defined by Executive Order 12866.
Therefore, it is exempt from review by the Office of Management and
Budget as required for rules and regulations under Executive Order
12866.
In addition, this is not a rule as defined by the Regulatory
Flexibility Act, 5 U.S.C. section (601)(2). Therefore, EPA has not
prepared a regulatory flexibility analysis addressing the impact of
this action on small business activities.
Judicial Review
Because we have designated this interpretation as nationally
significant under section 307(b) of the Act, challenges must be brought
to the United States Court of Appeals for the District of Columbia
Circuit by March 2, 2009.
Dated: December 23, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.
[FR Doc. E8-31114 Filed 12-30-08; 8:45 am]
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