Federal Register
Vol. 75, No. 28
Thursday, February 11, 2010
Vol. 75, No. 28
Thursday, February 11, 2010
There are 2 announcements in this issue
1. AIR - PR. EPA. Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5); Notice of Proposed Rulemaking To Repeal Grandfathering Provision and End the PM10 Surrogate Policy
2. AIR - PR. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions; Proposal for Additional Stay
CODES USED: THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.
REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES: AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT - Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
ANNOUNCEMENT 1
Subject: AIR - PR. EPA. Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5); Notice of Proposed Rulemaking To Repeal Grandfathering Provision and End the PM10 Surrogate Policy
[Federal Register: February 11, 2010 (Volume 75, Number 28)]
[Proposed Rules]
[Page 6827-6836]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2003-0062: FRL-9113-2]
RIN 2060-AP75
Implementation of the New Source Review (NSR) Program for
Particulate Matter Less Than 2.5 Micrometers (PM2.5); Notice of
Proposed Rulemaking To Repeal Grandfathering Provision and End the PM10
Surrogate Policy
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this action, in response to a petition for reconsideration,
EPA is proposing two actions that would end EPA's 1997 policy that
allows sources and permitting authorities to use a demonstration of
compliance with the prevention of significant deterioration (PSD)
requirements for particulate matter less than 10 micrometers
(PM10 ) as a surrogate for meeting the PSD requirements for
particulate matter less than 2.5 micrometers (PM2.5 ). First,
in accordance with the Administrator's commitment to the petitioners in
a letter dated April 24, 2009, the EPA is proposing to repeal the
``grandfathering'' provision for PM2.5 contained in the
Federal PSD program. Second, EPA is proposing to end early the
PM10 Surrogate Policy applicable in States that have an
approved PSD program in their State Implementation Plan (``SIP-approved
States'').
DATES: Comments. Comments must be received on or before March 15, 2010.
Public Hearing. If anyone contacts EPA requesting the opportunity
to speak at a public hearing concerning the proposed regulation by
February 22, 2010, EPA will hold a public hearing on February 26, 2010.
If a hearing is held, the record for the hearing will remain open until
March 29, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0062, by one of the following methods:
http://www.regulations.gov. Follow the online instructions
for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mail code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT: Mr. Dan deRoeck, Air Quality Policy
Division, (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC, 27711; telephone number (919) 541-5593; fax number
(919) 541-5509; or e-mail address: deroeck.dan@epa.gov.
To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-0641; fax number (919) 541-5509; e-
mail address: long.pam@epa.gov.
[Proposed Rules]
[Page 6827-6836]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2003-0062: FRL-9113-2]
RIN 2060-AP75
Implementation of the New Source Review (NSR) Program for
Particulate Matter Less Than 2.5 Micrometers (PM2.5); Notice of
Proposed Rulemaking To Repeal Grandfathering Provision and End the PM10
Surrogate Policy
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this action, in response to a petition for reconsideration,
EPA is proposing two actions that would end EPA's 1997 policy that
allows sources and permitting authorities to use a demonstration of
compliance with the prevention of significant deterioration (PSD)
requirements for particulate matter less than 10 micrometers
(PM
particulate matter less than 2.5 micrometers (PM
in accordance with the Administrator's commitment to the petitioners in
a letter dated April 24, 2009, the EPA is proposing to repeal the
``grandfathering'' provision for PM
Federal PSD program. Second, EPA is proposing to end early the
PM
approved PSD program in their State Implementation Plan (``SIP-approved
States'').
DATES: Comments. Comments must be received on or before March 15, 2010.
Public Hearing. If anyone contacts EPA requesting the opportunity
to speak at a public hearing concerning the proposed regulation by
February 22, 2010, EPA will hold a public hearing on February 26, 2010.
If a hearing is held, the record for the hearing will remain open until
March 29, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0062, by one of the following methods:
for submitting comments.
Agency, Mail code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of two copies.
West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT: Mr. Dan deRoeck, Air Quality Policy
Division, (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC, 27711; telephone number (919) 541-5593; fax number
(919) 541-5509; or e-mail address: deroeck.dan@epa.gov.
To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-0641; fax number (919) 541-5509; e-
mail address: long.pam@epa.gov.
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
ANNOUNCEMENT 2
Subject: AIR - PR. EPA. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive
Emissions; Proposal for Additional Stay
[Federal Register: February 11, 2010 (Volume 75, Number 28)]
[Proposed Rules]
[Page 6823-6827]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[EPA-HQ-OAR-2004-0014: FRL-9113-1]
RIN 2060-AP73
Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Reconsideration of Inclusion of Fugitive
Emissions; Proposal for Additional Stay
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to put in place an additional 18-month
stay to the existing stay of the inclusion of fugitive emissions
requirements in the federal Prevention of Significant Deterioration
(PSD) program published in the Federal Register on December 19, 2008,
in the final rule entitled, ``Prevention of Significant Deterioration
(PSD) and Nonattainment New Source Review (NSR): Reconsideration of
Fugitive Emissions'' (``Fugitive Emissions Rule''). The Fugitive
Emissions Rule under the federal PSD program requires that fugitive
emissions be included in determining whether a physical or operation
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 (Act or CAA).
The existing stay is in effect for three months; that is, from
December 31, 2009, until March 31, 2010. This action proposes to put in
place an additional stay for 18 months, which we believe will allow for
sufficient time for EPA to propose, take public comment on, and issue a
final action concerning the inclusion of fugitive emissions in the
Federal PSD program.
DATES: Comments must be received on or before March 15, 2010.
Public Hearing. If anyone contacts EPA requesting the opportunity
to speak at a public hearing concerning the proposed regulation by
February 22, 2010, we will hold a public hearing on February 26, 2010.
If a hearing is held, the record for the hearing will remain open until
March 29, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0014, by one of the following methods:
http://www.regulations.gov. Follow the online instructions
for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mail code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
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.
To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-0641; fax number (919) 541-5509; e-
mail address: long.pam@epa.gov.
[Proposed Rules]
[Page 6823-6827]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[EPA-HQ-OAR-2004-0014: FRL-9113-1]
RIN 2060-AP73
Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Reconsideration of Inclusion of Fugitive
Emissions; Proposal for Additional Stay
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to put in place an additional 18-month
stay to the existing stay of the inclusion of fugitive emissions
requirements in the federal Prevention of Significant Deterioration
(PSD) program published in the Federal Register on December 19, 2008,
in the final rule entitled, ``Prevention of Significant Deterioration
(PSD) and Nonattainment New Source Review (NSR): Reconsideration of
Fugitive Emissions'' (``Fugitive Emissions Rule''). The Fugitive
Emissions Rule under the federal PSD program requires that fugitive
emissions be included in determining whether a physical or operation
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 (Act or CAA).
The existing stay is in effect for three months; that is, from
December 31, 2009, until March 31, 2010. This action proposes to put in
place an additional stay for 18 months, which we believe will allow for
sufficient time for EPA to propose, take public comment on, and issue a
final action concerning the inclusion of fugitive emissions in the
Federal PSD program.
DATES: Comments must be received on or before March 15, 2010.
Public Hearing. If anyone contacts EPA requesting the opportunity
to speak at a public hearing concerning the proposed regulation by
February 22, 2010, we will hold a public hearing on February 26, 2010.
If a hearing is held, the record for the hearing will remain open until
March 29, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0014, by one of the following methods:
for submitting comments.
Agency, Mail code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460.
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
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.
To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-0641; fax number (919) 541-5509; e-
mail address: long.pam@epa.gov.
