[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Rules and Regulations]
[Pages 65692-65696]
From the Federal Register Online via the Government Publishing 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.
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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 http://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 http://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: [email protected].
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.
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Industry group SIC \a\ NAICS \b\
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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.
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\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 http://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\
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\1\ John Walke, NRDC, EPA-HQ-OAR-2004-0014-0060.
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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\
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\2\ Lisa Jackson, U.S. EPA, EPA-HQ-OAR-2004-0014-0062
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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