[Federal Register Volume 74, Number 29 (Friday, February 13, 2009)]
[Rules and Regulations]
[Page 7193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3174]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2003-0064, FRL-8773-2]
RIN 2060-AL75


Prevention of Significant Deterioration (PSD) and Nonattainment 
New Source Review (NSR): Aggregation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Reconsideration.

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SUMMARY: On January 30, 2009, the Natural Resources Defense Council 
(``NRDC'') submitted a petition for reconsideration (the ``NRDC 
Petition'') of the rule addressing ``aggregation'' under the Prevention 
of Significant Deterioration and the Nonattainment New Source Review 
programs (collectively, ``NSR'') published in the Federal Register on 
January 15, 2009. This rule (the ``NSR Aggregation Amendments'') 
described when a source must combine (``aggregate'') nominally-separate 
physical changes and changes in the method of operation for the purpose 
of determining whether they are a single change under NSR and result in 
a significant emissions increase.
    In response to the NRDC Petition, having found that the petitioner 
has raised objections to the rule that arose after the comment period 
and that are of central relevance to the rule, the EPA is convening a 
proceeding for reconsideration as provided for under the Clean Air Act 
section 307(d)(7)(B). In the near future, EPA will publish a notice in 
the Federal Register establishing a comment period and a hearing date 
for this proceeding.

DATES: On February 13, 2009, the EPA hereby convenes a proceeding for 
reconsideration of the NSR Aggregation Amendments published at 74 FR 
2376 (January 15, 2009).

ADDRESSES: Docket: The final rule, the petition for reconsideration, 
and all other documents in the record for the rulemaking are in Docket 
ID No. EPA-HQ-OAR-2003-0064. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the Air 
and Radiation Docket and Information Center, EPA/DC, 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.

FOR FURTHER INFORMATION CONTACT: Mr. David Svendsgaard, Air Quality 
Policy Division, Office of Air Quality Planning and Standards (C504-
03), Environmental Protection Agency, Research Triangle Park, NC 27711, 
telephone number: (919) 541-2380; fax number: (919) 541-5509, e-mail 
address: [email protected].

    Dated: February 9, 2009.
Lisa P. Jackson,
Administrator.
[FR Doc. E9-3174 Filed 2-12-09; 8:45 am]
BILLING CODE 6560-50-P