[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Rules and Regulations]
[Pages 50115-50118]
From the Federal Register Online via the Government Publishing 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.
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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: [email protected].
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.
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Petition: EPA response:
Petitioner Date of Document No. in Date of EPA Document No. in
petition to EPA docket response docket
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Natural Resources Defense Council........... 2/17/2009 0060 4/24/2009 0062
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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 http://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 http://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 http://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.
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For the reasons discussed in the preamble, the EPA amends 40 CFR parts
51 and 52 as follows:
PART 51--[AMENDED]
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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]
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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.
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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]
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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.
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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]
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.
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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]
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