Appendix S IV.I.2 2. For any major stationary source forwith a PAL for a regulated NSR pollutant, the major stationary source shall comply with requirements under paragraph IV.K of this Ruling. 2. For any major stationary source with a PAL for a regulated NSR pollutant, the major stationary source shall comply with requirements under paragraph IV.K of this Ruling. (Change finalized as proposed)

Appendix S IV.J.6.(ii) (ii) A projected actual emissions increase that, added to the amount of emissions excluded under paragraph II.A.24(ii)(c) of this Ruling, sums to at least 50 percent of the amount that is a "significant emissions increase," as defined under paragraph II.A.23 of this Ruling (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of paragraph IV.J.6(ii) of this Ruling, and not also within the meaning of paragraph IV.J.6(i) of this Ruling, then provisions in paragraphs IV.J.2 through IV.J.5 of this Ruling do not apply to the project. (ii) A projected actual emissions increase that, added to the amount of emissions excluded under paragraph II.A.24(ii)(c) of this Ruling, sums to at least 50 percent of the amount that is a "significant emissions increase," as defined under paragraph II.A.23 of this Ruling (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of paragraph IV.J.6(ii) of this Ruling, and not also within the meaning of paragraph IV.J.6(i) of this Ruling, then provisions in paragraphs IV.J.2 through IV.J.5 of this Ruling do not apply to the project. (Change finalized as proposed)

Appendix S IV.K.5. 5. Public participation requirement for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with ((§§ 51.160 and 51.161 of this chapter. This includes the requirement that the reviewing authority provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The reviewing authority must address all material comments before taking final action on the permit. 5. Public participation requirement for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with §§ 51.160 and 51.161. This includes the requirement that the reviewing authority provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The reviewing authority must address all material comments before taking final action on the permit. (Change finalized as proposed)

Appendix S IV.K.14. introductory text 14. Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the reviewing authority in accordance with the applicable title V operating permit program. The reports shall meet the requirements in paragraphs IV.K.14(i) through (iii) of this Ruling. 14. Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the reviewing authority in accordance with the applicable title V operating permit program. The reports shall meet the requirements in paragraphs IV.K.14(i) through (iii) of this Ruling.  (Change finalized as proposed)

Appendix S V.A. and footnote 7 in 1[st] paragraph A. Source initiated emission offsets. A source may propose emission offsets which involve:

(1) Reductions from sources controlled by the source owner (internal emission offsets); and/or (2) reductions from neighboring sources (external emission offsets). The source does not have to investigate all possible emission offsets. As long as the emission offsets obtained represent reasonable progress toward attainment, they will be acceptable. It is the reviewing authority's responsibility to assure that the emission offsets will be as effective as proposed by the source. An internal emission offset will be considered enforceable if it is made a SIP requirement by inclusion as a condition of the new source permit and the permit is forwarded to the appropriate EPA Regional Office.[7] An external emission offset will not be enforceable unless the affected source(s) providing the emission reductions is subject to a new SIP requirement to ensure that its emissions will be reduced by a specified amount in a specified time. Thus, if the source(s) providing the emission reductions does not obtain the necessary reduction, it will be in violation of a SIP requirement and subject to enforcement action by EPA, the State, and/or private parties.

[7]The emission offset will, therefore, be enforceable by EPA under section 113 of the Act as an applicable SIP requirement and will be enforceable by private parties under section 304 of the Act as an emission limitation. A. Source initiated emission offsets. A source may propose emission offsets which involve:

(1) Reductions from sources controlled by the source owner (internal emission offsets); and/or (2) reductions from neighboring sources (external emission offsets). The source does not have to investigate all possible emission offsets. As long as the emission offsets obtained represent reasonable progress toward attainment, they will be acceptable. It is the reviewing authority's responsibility to assure that the emission offsets will be as effective as proposed by the source. An internal emission offset will be considered enforceable if it is made a SIP requirement by inclusion as a condition of the new source permit and the permit is forwarded to the appropriate EPA Regional Office.[7] An external emission offset will not be enforceable unless the affected source(s) providing the emission reductions is subject to a new SIP requirement to ensure that its emissions will be reduced by a specified amount in a specified time. Thus, if the source(s) providing the emission reductions does not obtain the necessary reduction, it will be in violation of a SIP requirement and subject to enforcement action by EPA, the State, and/or private parties.

[7]The emission offset will, therefore, be enforceable by EPA under section 113 of the Act as an applicable SIP requirement and will be enforceable by private parties under section 304 of the Act as an emission limitation. (Change finalized as proposed.)

Appendix S V.A.  [2[nd] paragraph] The form of the SIP revision may be a State or local regulation, operating permit condition, consent or enforcement order, or any other mechanism available to the State that is enforceable under the Clean Air Act. If a SIP revision is required, the public hearing on the revision may be substituted for the normal public comment procedure required for all major sources under 40 CFR 51.18§ 51.165. The formal publication of the SIP revision approval in the FEDERAL REGISTER need not appear before the source may proceed with construction. To minimize uncertainty that may be caused by these procedures, EPA will, if requested by the State, propose a SIP revision for public comment in the FEDERAL REGISTER concurrently with the State public hearing process. Of course, any major change in the final permit/SIP revision submitted by the State may require a reproposal by EPA. The form of the SIP revision may be a State or local regulation, operating permit condition, consent or enforcement order, or any other mechanism available to the State that is enforceable under the Clean Air Act. If a SIP revision is required, the public hearing on the revision may be substituted for the normal public comment procedure required for all major sources under § 51.16551.102. The formal publication of the SIP revision approval in the FEDERAL REGISTER need not appear before the source may proceed with construction. To minimize uncertainty that may be caused by these procedures, EPA will, if requested by the State, propose a SIP revision for public comment in the FEDERAL REGISTER concurrently with the State public hearing process. Of course, any major change in the final permit/SIP revision submitted by the State may require a reproposal by EPA. (Change from proposed cross reference 40 CFR § 51.165 to 40 CFR § 51.102 to better reflect SIP public participation. This was noted by EPA post proposal)

§ 52.21 52.21(a)(2)(iv)(a) (a) Except as otherwise provided in paragraphs paragraph (a)(2)(v) and (vi) of this section, and consistent with the definition of major modification contained in paragraph (b)(2) of  this section, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases -- a significant emissions increase (as defined in paragraph (b)(40) of this section), and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this section). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. (a) Except as otherwise provided in paragraph (a)(2)(v) of this section, and consistent with the definition of major modification contained in paragraph (b)(2) of  this section, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases -- a significant emissions increase (as defined in paragraph (b)(40) of this section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this section). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.  (Change finalized as proposed except for post proposal OFR format edit noted in highlight)  52.21(a)(2)(iv)(f) (f) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (a)(2)(iv)(c) through and (d) of this section as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section).

(f) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference for all emissions units, using the method specified in paragraphs (a)(2)(iv)(c) through and (d) of this section as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section). (Change finalized as proposed and reflects changes made in the Project Emissions Accounting rulemaking)

52.21(b)(1)(i)(a) (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable of charging more than 250 50 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants; (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable of charging more than 50 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;   (Change finalized as proposed)

52.21(b)(1)(i)(b) (b) Notwithstanding the stationary source size specified in paragraph (b)(1)(i)(a) of this section, any stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or (b) Notwithstanding the stationary source size specified in paragraph (b)(1)(i)(a) of this section, any stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or  (Change finalized as proposed.)

52.21(b)(1)(i)(c) (c) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (b)(1) of this section, as a major stationary source, if the changeschange would constitute a major stationary source by itself. (c) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (b)(1) of this section as a major stationary source, if the change would constitute a major stationary source by itself. (Change finalized as proposed)  52.21(b)(1)(iii)(h) (h) Municipal incinerators capable of charging more than 250 50 tons of refuse per day; (h) Municipal incinerators capable of charging more than 50 tons of refuse per day; (Change finalized as proposed)

52.21(b)(1)(iii)(z)   (z) Fossil fuel-fired steam electric plants of more that than 250 million British thermal units per hour heat input, and

(Change was not proposed but recommended by a commenter) 52.21(b)(2)(iii)(a) (a) Routine maintenance, repair and replacement; Routine maintenance, repair and replacement shall include, but not be limited to, any activity(s) that meets the requirements of the equipment replacement provisions contained in paragraph (cc) of this section;

NOTE TO PARAGRAPH (b)(2)(iii)(a): By court order on December 24, 2003, the second sentence of this paragraph (b)(2)(iii)(a) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the FEDERAL REGISTER advising the public of the termination of the stay.

(a) Routine maintenance, repair and replacement;   (Change finalized as proposed)

52.21(b)(2)(iii)(b)

(b) Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plant pursuant to the Federal Power Act; (Change was not proposed; however, it was noticed by EPA post-proposal and changed in this final rule from "plant" to "plan") 52.21(b)(2)(iii)(e)(1) (1) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I or 40 CFR 51.166; or (1) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I; or  (Change finalized as proposed)

52.21(b)(2)(iii)(f) (f) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart Ior 40 CFR 51.166. (f) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I. (Change finalized as proposed) 52.21(b)(3)(iii)(b) (b) [Reserved]The increase or decrease in emissions did not occur at a Clean Unit except as provided in paragraphs (x)(8) and (y)(10) of this section.  (b) [Reserved] (Change finalized as proposed)

52.21(b)(3)(vi)(c) (c) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.; and (c) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.  (Change finalized as proposed)

52.21(b)(12) (12) Best available control technology means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under the Act which would be emitted from any proposed major stationary source or major modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR parts 60, and 61, and 63. If the Administrator determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. (12) Best available control technology means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under the Act which would be emitted from any proposed major stationary source or major modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR parts 60, 61, and or 63. If the Administrator determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. (Proposed change of the addition of part 63 is being made in final rule only for the definition of Best Available Control Technology (BACT). Additionally, changed "and" to "or" after review of comments received. Change finalized as proposed except for post proposal OFR format edit from "parts" to "part" singular noted in highlight) 52.21(b)(16)(i) (i) The applicable standards as set forth in 40 CFR parts 60, and 61, and 63; (i) The applicable standards as set forth in 40 CFR parts 60 and 61; (The proposed changes are not being included in the final rule.)

52.21(b)(17)  (17) Federally enforceable means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR parts 60, and 61, and 63, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program. (17) Federally enforceable means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR parts 60 and 61 requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program. (Proposed changes not being included in final rule.) 52.21(b)(23)(ii) (ii) Significant means, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that paragraph (b)(23)(i) of this section, does not list, any emissions rate. (ii) Significant means, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that paragraph (b)(23)(i) of this section does not list, any emissions rate.  (Change finalized as proposed) 52.21(b)(33)(i) through (iv) (iii) The replacement does not alter the basic design parameters (as discussed in paragraph (cc)(2) of this section) (as discussed in paragraph (b)(33)(v) of this section) of the process unit (as discussed in paragraph (b)(33)(vi) of this section).

(i) The emissions unit is a reconstructed unit within the meaning of § 60.15(b)(1) of this chapter, or the emissions unit completely takes the place of an existing emissions unit; (ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit; (iii) The replacement does not alter the basic design parameters of the process unit; and (iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

(Proposed change is not being included in the final rule; however, original parenthetical will be removed in the final rule. Further a minor edit by EPA between the proposal and final rule of the addition of semi-colons to the subparagraphs (i) through (iv)) 52.21(b)(33)(v) and (vi) (v) Basic design parameters. The replacement does not change the basic design parameter(s) of the process unit to which the activity pertains.

(a) Except as provided in paragraph (b)(33)(v)(iii) of this section, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameter(s) for a coal-fired electric utility steam generating unit.

(b) Except as provided in paragraph (b)(33)(v)(iii) of this section, the basic design parameter(s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design parameter.

(c) If the owner or operator believes the basic design parameter(s) in paragraphs (b)(33)(v)(i) and (ii) of this section is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the reviewing authority an alternative basic design parameter(s) for the source's process unit(s). If the reviewing authority approves of the use of an alternative basic design parameter(s), the reviewing authority shall issue a permit that is legally enforceable that records such basic design parameter(s) and requires the owner or operator to comply with such parameter(s).

(d) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in paragraphs (b)(33)(v)(a) and (b) of this section.

(e) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameter(s) using the maximum value achieved by the process unit in the five-year period immediately preceding the planned activity.

(f) Efficiency of a process unit is not a basic design parameter.   (vi) (a) In general, process unit means any collection of structures and/or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

(b) The following list identifies the process units at specific categories of stationary sources:

(1) For a steam electric generating facility, the process unit consists of those portions of the plant that contribute directly to the production of electricity. For example, at a pulverized coal-fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack (excluding post-combustion pollution controls), including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine-generator set, condenser, cooling tower, water treatment system, air preheaters, and operating control systems. Each separate generating unit is a separate process unit.

(2) For a petroleum refinery, there are several categories of process units: those that separate and/or distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen production units; and those that load, unload, blend or store intermediate or completed products.

(3) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

 (Proposed changes are not being included in the final rule.)

(Proposed changes are not being included in the final rule)

(The proposed changes are not being included in the final rule.)

52.21(b)(41)(ii)(c) (c) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under paragraph (b)(48) of this section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or (c) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under paragraph (b)(48) of this section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or  (Change finalized as proposed)

52.21(b)(48)(i)(c)

(c) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used Forfor each regulated NSR pollutant.  (Change was not proposed; however, it was correctly recommended by a commenter.) 52.21(b)(48)(ii)(d) (d) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used Forfor each regulated NSR pollutant. (d) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. (Change finalized as proposed)

52.21(b)(49)(i) (i) Greenhouse gases (GHGs), the air pollutant defined in § 86.1818-12(a) of this chapter as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraphs (b)(49)(iv) through (v)of this section and shall not be subject to regulation if the stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements in paragraphs (aa)(1) through (15) of this section, and complies with the PAL permit containing the GHG PAL.

Remove outdated cross reference. Paragraph (v) was removed 80 FR 50199, August 19, 2015  -  PSD and Title V GHG vacated elements rule.  See related preamble discussion in section II.B.4.d. (Change finalized as proposed)

52.21(b)(49)(ii) (ii) For purposes of paragraphs (b)(49)(iii) through (iv)(v) of this section, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows: (ii) For purposes of paragraphs (b)(49)(iii) through and (iv) of this section, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows:

(Proposed changes being finalized; additional change ("through" to "and") as recommended by commenter is being finalized.) 52.21(b)(49)(ii)(a) (a) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of part 98 of this chapter - Global Warming Potentials. For purposes of this paragraph, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material).

(a) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of part 98 of this chapter - Global Warming Potentials.  (Change finalized as proposed) 52.21(b)(49)(iii) (iii) The term emissions increase as used in paragraphs (b)(49)(iv) through (v)of this section shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (a)(2)(iv) of this section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this section) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is shall be defined as 75,000 tpy CO2e instead of applying the value in paragraph (b)(23)(ii) of this section.  (iii) The term emissions increase as used in paragraph (b)(49)(iv) of this section shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (a)(2)(iv) of this section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this section) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is shall be defined as 75,000 tpy CO2e instead of applying the value in paragraph (b)(23)(ii) of this section.  (Modified based upon comment received Change finalized as proposed except for comment received and post proposal OFR format edit noted in highlight with the removal of the second reference to subparagraph (b))

52.21(b)(49)(iv)(b) (b) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more.; and (b) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more.  (Change finalized as proposed)

52.21(b)(51) (51) Reviewing authority means the State air pollution control agency, local agency, other State agency, Indian tribe, or other agency authorized by the Administrator to carry out a permit program under § 51.165 andor § 51.166 of this chapter, or the Administrator in the case of EPA-implemented permit programs under this section. (51) Reviewing authority means the State air pollution control agency, local agency, other State agency, Indian tribe, or other agency authorized by the Administrator to carry out a permit program under § 51.165 or § 51.166 of this chapter, or the Administrator in the case of EPA-implemented permit programs under this section. (Change finalized as proposed)

52.21(b)(55) through (58) (55)(i) In general, process unit means any collection of structures and/or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

(ii) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

(iii) For replacement cost purposes, components shared between two or more process units are proportionately allocated based on capacity.

(iv) The following list identifies the process units at specific categories of stationary sources.

(a) For a steam electric generating facility, the process unit consists of those portions of the plant that contribute directly to the production of electricity. For example, at a pulverized coal-fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack (excluding post-combustion pollution controls), including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine-generator set, condenser, cooling tower, water treatment system, air preheaters, and operating control systems. Each separate generating unit is a separate process unit.

(b) For a petroleum refinery, there are several categories of process units: those that separate and/or distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen production units; and those that load, unload, blend or store intermediate or completed products.

(c) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

NOTE TO PARAGRAPH (b)(55): By a court order on December 24, 2003, this paragraph (b)(55) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the FEDERAL REGISTER advising the public of the termination of the stay.

(56) Functionally equivalent component means a component that serves the same purpose as the replaced component.

NOTE TO PARAGRAPH (b)(56): By a court order on December 24, 2003, this paragraph (b)(56) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the FEDERAL REGISTER advising the public of the termination of the stay.

(57) Fixed capital cost means the capital needed to provide all the depreciable components. "Depreciable components" refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph (b)(58) of this section.

NOTE TO PARAGRAPH (b)(57): By a court order on December 24, 2003, this paragraph (b)(57) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the FEDERAL REGISTER advising the public of the termination of the stay.

(58) Total capital investment means the sum of the following: all costs required to purchase needed process equipment (purchased equipment costs); the costs of labor and materials for installing that equipment (direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies (indirect installation costs); land for the process equipment; and working capital for the process equipment.

NOTE TO PARAGRAPH (b)(58): By a court order on December 24, 2003, this paragraph (b)(58) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the FEDERAL REGISTER advising the public of the termination of the stay.

(Change finalized as proposed)

Remove vacated language and outdated court stay note.

(Change finalized as proposed)

Remove vacated language and outdated court stay note.

(Change finalized as proposed)

Remove vacated language and outdated court stay note.

(Change finalized as proposed)

Remove vacated language and outdated court stay note. (Change finalized as proposed)

52.21(g)(4) introductory text (4) Lands within the exterior boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the Administrator a proposal to redesignate areas Class I, Class II, or Class III: Provided, Thatprovided that: (4) Lands within the exterior boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the Administrator a proposal to redesignate areas Class I, Class II, or Class III provided that: (Change finalized as proposed)

52.21(i)(1)(i) through (v) (i) [Reserved] Construction commenced on the source or modification before August 7, 1977. The regulations at 40 CFR 52.21 as in effect before August 7, 1977, shall govern the review and permitting of any such source or modification; or

(ii) [Reserved] The source or modification was subject to the review requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978, and the owner or operator:

(a) Obtained under 40 CFR 52.21 a final approval effective before March 1, 1978;

(b) Commenced construction before March 19, 1979; and

(c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or

(iii) [Reserved] The source or modification was subject to 40 CFR 52.21 as in effect before March 1, 1978, and the review of an application for approval for the stationary source or modification under 40 CFR 52.21 would have been completed by March 1, 1978, but for an extension of the public comment period pursuant to a request for such an extension. In such a case, the application shall continue to be processed, and granted or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or (iv) [Reserved] The source or modification was not subject to 40 CFR 52.21 as in effect before March 1, 1978, and the owner or operator:

(a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the applicable State Implementation Plan before March 1, 1978;

(b) Commenced construction before March 19, 1979; and

(c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or

(v) [Reserved] The source or modification was not subject to 40 CFR 52.21 as in effect on June 19, 1978 or under the partial stay of regulations published on February 5, 1980 (45 FR 7800), and the owner or operator:

(a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the applicable State Implementation Plan before August 7, 1980;

(b) Commenced construction within 18 months from August 7, 1980, or any earlier time required under the applicable State Implementation Plan; and

(c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or

(i) [Reserved]

(ii) [Reserved]

(iii) [Reserved]

(iv) [Reserved]

(v) [Reserved] (Change finalized as proposed)

52.21(i)(1)(vii)(h) (h) Municipal incinerators capable of charging more than 250 50 tons of refuse per day; (h) Municipal incinerators capable of charging more than 50 tons of refuse per day; (Change finalized as proposed)

52.21(i)(1)(ix) and (x) (ix) The source or modification was not subject to §52.21, with respect to particulate matter, as in effect before July 31, 1987, and the owner or operator:

(a) Obtained all final Federal, State, and local preconstruction approvals or permits necessary under the applicable State implementation plan before July 31, 1987;

(b) Commenced construction within 18 months after July 31, 1987, or any earlier time required under the State implementation plan; and

(c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable period of time.

(x) The source or modification was subject to 40 CFR 52.21, with respect to particulate matter, as in effect before July 31, 1987 and the owner or operator submitted an application for a permit under this section before that date, and the Administrator subsequently determines that the application as submitted was complete with respect to the particular matter requirements then in effect in the section. Instead, the requirements of paragraphs (j) through (r) of this section that were in effect before July 31, 1987 shall apply to such source or modification.

(Change finalized as proposed) NOTE: NPRM preamble indicated that paragraph (i)(1)(viii) was proposed to be deleted along with paragraphs (i)(1)(ix) and (x); however, that was not EPA's intent and paragraph (i)(1)(viii) was not included for deletion in the regulatory text. 52.21(i)(6) through (12) (6) [Reserved] The requirements for best available control technology in paragraph (j) of this section and the requirements for air quality analyses in paragraph (m)(1) of this section, shall not apply to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submitted an application for a permit under those regulations before August 7, 1980, and the Administrator subsequently determines that the application as submitted before that date was complete. Instead, the requirements at 40 CFR 52.21(j) and (n) as in effect on June 19, 1978 apply to any such source or modification.

(7) [Reserved] (i)The requirements for air quality monitoring in paragraphs (m)(1)(ii) through (iv) of this section shall not apply to a particular source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submits an application for a permit under this section on or before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete with respect to the requirements of this section other than those in paragraphs (m)(1)(ii) through (iv) of this section, and with respect to the requirements for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978. Instead, the latter requirements shall apply to any such source or modification.

(ii) The requirements for air quality monitoring in paragraphs (m)(1)(ii) through (iv) of this section shall not apply to a particular source or modification that was not subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submits an application for a permit under this section on or before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete, except with respect to the requirements in paragraphs (m)(1)(ii) through (iv).

(8) [Reserved] (i) At the discretion of the Administrator, the requirements for air quality monitoring of PM10 in paragraphs (m)(1) (i)-(iv) of this section may not apply to a particular source or modification when the owner or operator of the source or modification submits an application for a permit under this section on or before June 1, 1988 and the Administrator subsequently determines that the application as submitted before that date was complete, except with respect to the requirements for monitoring particulate matter in paragraphs (m)(1)(i)-(iv).

(ii) The requirements for air quality monitoring pf PM10 in paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall apply to a particular source or modification if the owner or operator of the source or modification submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (m)(1)(viii) of this section, except that if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have been gathered over a shorter period.

(9) [Reserved] The requirements of paragraph (k)(1)(ii) of this section shall not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification submitted an application for a permit under this section before the provisions embodying the maximum allowable increase took effect as part of the applicable implementation plan and the Administrator subsequently determined that the application as submitted before that date was complete.

(10) [Reserved] The requirements in paragraph (k)(1)(ii) of this section shall not apply to a stationary source or modification with respect to any maximum allowable increase for PM-10 if (i) the owner or operator of the source or modification submitted an application for a permit under this section before the provisions embodying the maximum allowable increases for PM-10 took effect in an implementation plan to which this section applies, and (ii) the Administrator subsequently determined that the application as submitted before that date was otherwise complete. Instead, the requirements in paragraph (k)(1)(ii) shall apply with respect to the maximum allowable increases for TSP as in effect on the date the application was submitted.

(11) [Reserved] The requirements of paragraph (k)(1) of this section shall not apply to a stationary source or modification with respect to the national ambient air quality standards for PM2.5 in effect on March 18, 2013 if:

(i) The Administrator has determined a permit application subject to this section to be complete on or before December 14, 2012. Instead, the requirements in paragraph (k)(1) of this section shall apply with respect to the national ambient air quality standards for PM2.5 in effect at the time the Administrator determined the permit application to be complete; or

(ii) The Administrator has first published before March 18, 2013 a public notice that a draft permit subject to this section has been prepared. Instead, the requirements in paragraph (k)(1) of this section shall apply with respect to the national ambient air quality standards for PM2.5 in effect on the date the Administrator first published a public notice that a draft permit has been prepared.

(6) [Reserved]

(7) [Reserved]

(8) [Reserved]

(9) [Reserved]

(10) [Reserved]

(11) [Reserved]

(12) [Reserved]

(Change finalized as proposed with the addition of subparagraph 12 for the vacatur of Ozone grandfathering)

52.21(j)(1) (1) A major stationary source or major modification shall meet each applicable emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of performance under 40 CFR parts 60, and 61, and 63. (1) A major stationary source or major modification shall meet each applicable emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of performance under 40 CFR parts 60, and 61, or 63.  (Change finalized as proposed with slight variation post proposal and OFR format edit changing "parts" plural to singular "part" as noted in highlight) 52.21(m)(1)(i)(a) (a) For the source, each pollutant that it would have the potential to omitemit in a significant amount; (a) For the source, each pollutant that it would have the potential to emit in a significant amount; (Change finalized as proposed)

52.21(m)(1)(v)

[Reserved] For any application which becomes complete, except as to the requirements of paragraphs (m)(1) (iii) and (iv) of this section, between June 8, 1981, and February 9, 1982, the data that paragraph (m)(1)(iii) of this section, requires shall have been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise complete, except that: (a) If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been gathered over at least the period required by those regulations. (b) If the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than four months), the data that paragraph (m)(1)(iii) of this section requires shall have been gathered over at least that shorter period. (c) If the monitoring data would relate exclusively to ozone and would not have been required under 40 CFR 52.21 as in effect on June 19, 1978, the Administrator may waive the otherwise applicable requirements of this paragraph (v) to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over a full year.

(v) [Reserved]

 (Change finalized as proposed)

52.21(m)(1)(vii) and (viii) (vii) [Reserved] For any application that becomes complete, except as to the requirements of paragraphs (m)(1) (iii) and (iv) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989 the data that paragraph (m)(1)(iii) requires shall have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete, except that if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have been gathered over that shorter period.

(viii) [Reserved]  With respect to any requirements for air quality monitoring of PM10 under paragraphs (i)(8) (i) and (ii) of this section, the owner or operator of the source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations of PM10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator.

(vii) [Reserved]

(viii) [Reserved]

(Change finalized as proposed)

52.21(n)(1) introductory text (1) With respect to a source or modification to which paragraphs (j), (l), (n) and (p) (k), (m), and (o) of this section apply, such information shall include: (1) With respect to a source or modification to which paragraphs (j), (k), (m), and (o) of this section apply, such information shall include: (Change finalized as proposed)  52.21(p)(5) introductory text (5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal land manager concurs with such demonstration and he so certifies, the State may authorize the Administrator:, Provided, That provided that the applicable requirements of this section are otherwise met, to issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM2.5, PM10, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants: (5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal land manager concurs with such demonstration and he so certifies, the State may authorize the Administrator, provided that the applicable requirements of this section are otherwise met, to issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM2.5, PM10, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants: (Change finalized as proposed)

52.21(p)(6) (6) Sulfur dioxide variance by Governor with Federal Land Manager's concurrence. The owner or operator of a proposed source or modification which cannot be approved under paragraph (q)(4)(p)(5) of this section may demonstrate to the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty-four 24 hours or less applicable to any Class I area and, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the Administrator shall issue a permit to such source or modification pursuant to the requirements of paragraph (q)(7) (p)(8) of this section: Provided, That provided that the applicable requirements of this section are otherwise met. (6) Sulfur dioxide variance by Governor with Federal Land Manager's concurrence. The owner or operator of a proposed source or modification which cannot be approved under paragraph (p)(5) of this section may demonstrate to the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of 24 hours or less applicable to any Class I area and, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the Administrator shall issue a permit to such source or modification pursuant to the requirements of paragraph (p)(8) of this section provided that the applicable requirements of this section are otherwise met. (Change finalized as proposed)  52.21(p)(7) (7) Variance by the Governor with the President's concurrence. In any case where the Governor recommends a variance in with which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if he finds that the variance is in the national interest. If the variance is approved, the Administrator shall issue a permit pursuant to the requirements of paragraph (q)(7)(p)(8) of this section: Provided, Thatprovided that the applicable requirements of this section are otherwise met. (7) Variance by the Governor with the President's concurrence. In any case where the Governor recommends a variance with which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if he finds that the variance is in the national interest. If the variance is approved, the Administrator shall issue a permit pursuant to the requirements of paragraph (p)(8) of this section provided that the applicable requirements of this section are otherwise met. (Change finalized as proposed)

52.21(p)(8) introductory text (8) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued pursuant to paragraph (q) (5)(p)(6) or (6)(7) of this section, the source or modification shall comply with such emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period: (8) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued pursuant to paragraph (p)(6) or (7) of this section, the source or modification shall comply with such emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period: (Change finalized as proposed)

52.21(r)(4) (4) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements or of paragraphs (j) through (s) of this section shall apply to the source or modification as though construction had not yet commenced on the source or modification. (4) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of paragraphs (j) through (s) of this section shall apply to the source or modification as though construction had not yet commenced on the source or modification. (Change finalized as proposed)

52.21(u)(2)(ii) (ii) The delegate agency shall send a copy of any public comment notice required under paragraph (r)(q) of this section to the Administrator through the appropriate Regional Office. (ii) The delegate agency shall send a copy of any public comment notice required under paragraph (q) of this section to the Administrator through the appropriate Regional Office.

(Change finalized as proposed)  52.21(u)(3) (3) In the case of a source or modification which proposes to construct in a class Class III area, emissions from which would cause or contribute to air quality exceeding the maximum allowable increase applicable if the area were designated a class Class III II area, and where no standard under section 111 of the actAct has been promulgated for such source category, the Administrator must approve the determination of best available control technology as set forth in the permit. (3) In the case of a source or modification which proposes to construct in a Class III area, emissions from which would cause or contribute to air quality exceeding the maximum allowable increase applicable if the area were designated a Class II area, and where no standard under section 111 of the Act has been promulgated for such source category, the Administrator must approve the determination of best available control technology as set forth in the permit.

(Change finalized as proposed with minor edit noted)

NOTE: As correctly identified by a commenter the term "Class II area" was inadvertently changed to "Class III area" in the proposed rule. The EPA is correcting this change in the final rule to retain the term "Class II area."

52.21(w)(1) (1) Any permit issued under this section or a prior version of this section shall remain in effect, unless and until it expires under paragraph (r)(2) of this section or is rescinded under this paragraph (w). (1) Any permit issued under this section or a prior version of this section shall remain in effect, unless and until it expires under paragraph (r)(2) of this section or is rescinded under this paragraph (w). (Change finalized as proposed)

52.21(cc) (cc) Without regard to other considerations, routine maintenance, repair and replacement includes, but is not limited to, the replacement of any component of a process unit with an identical or functionally equivalent component(s), and maintenance and repair activities that are part of the replacement activity, provided that all of the requirements in paragraphs (cc)(1) through (3) of this section are met.

(1) Capital cost threshold for equipment replacement. (i) For an electric utility steam generating unit, as defined in § 52.21(b)(31), the fixed capital cost of the replacement component(s) plus the cost of any associated maintenance and repair activities that are part of the replacement shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced. For a process unit that is not an electric utility steam generating unit the fixed capital cost of the replacement component(s) plus the cost of any associated maintenance and repair activities that are part of the replacement shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced.

(ii) In determining the replacement value of the process unit; and, except as otherwise allowed under paragraph (cc)(1)(iii) of this section, the owner or operator shall determine the replacement value of the process unit on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit.

(iii) As an alternative to paragraph (cc)(1)(ii) of this section for determining the replacement value of a process unit, an owner or operator may choose to use insurance value (where the insurance value covers only complete replacement), investment value adjusted for inflation, or another accounting procedure if such procedure is based on Generally Accepted Accounting Principles, provided that the owner or operator sends a notice to the reviewing authority. The first time that an owner or operator submits such a notice for a particular process unit, the notice may be submitted at any time, but any subsequent notice for that process unit may be submitted only at the beginning of the process unit's fiscal year. Unless the owner or operator submits a notice to the reviewing authority, then paragraph (cc)(1)(ii) of this section will be used to establish the replacement value of the process unit. Once the owner or operator submits a notice to use an alternative accounting procedure, the owner or operator must continue to use that procedure for the entire fiscal year for that process unit. In subsequent fiscal years, the owner or operator must continue to use this selected procedure unless and until the owner or operator sends another notice to the reviewing authority selecting another procedure consistent with this paragraph or paragraph (cc)(1)(ii) of this section at the beginning of such fiscal year.

(2) Basic design parameters. The replacement does not change the basic design parameter(s) of the process unit to which the activity pertains.

(i) Except as provided in paragraph (cc)(2)(iii) of this section, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameter(s) for a coal-fired electric utility steam generating unit.

(ii) Except as provided in paragraph (cc)(2)(iii) of this section, the basic design parameter(s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design parameter.

(iii) If the owner or operator believes the basic design parameter(s) in paragraphs (cc)(2)(i) and (ii) of this section is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the reviewing authority an alternative basic design parameter(s) for the source's process unit(s). If the reviewing authority approves of the use of an alternative basic design parameter(s), the reviewing authority shall issue a permit that is legally enforceable that records such basic design parameter(s) and requires the owner or operator to comply with such parameter(s).

(iv) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in paragraphs (cc)(2)(i) and (ii) of this section.

(v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameter(s) using the maximum value achieved by the process unit in the five-year period immediately preceding the planned activity.

(vi) Efficiency of a process unit is not a basic design parameter.

(3) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable.

Note to paragraph (cc): By a court order on December 24, 2003, this paragraph (cc) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the FEDERAL REGISTER advising the public of the termination of the stay.

 (Change finalized as proposed)

Remove outdated court stay note. (Change finalized as proposed)


[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Notices]
[Page 9400-9401]
[DOCID:fr20fe08-138]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Brigham City Municipal Airport, Brigham City, Utah

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release airport property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the Brigham City Municipal Airport under the
provisions of Section

125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st
Century (AIR 21).

DATES: Comments must be received on or before March 10, 2008.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Craig A. Sparks, Manager, Federal
Aviation Administration, Northwest Mountain Region, Airports Division,
Denver Airports District Office, 26805 E. 68th Ave., Suite 224, Denver,
Colorado 80249.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Blake Fonnesbeck, Director of Public Works,
Brigham City Municipal Airport, P.O. Box 1005, 20 North Main Street,
Brigham City, Utah 84302.

FOR FURTHER INFORMATION CONTACT: Mr. Roman Pi[ntilde]on, Project
Manager, Federal Aviation Administration, Northwest Mountain Region,
Airports Division, Denver Airports District Office, 26805 E. 68th Ave.,
Suite 224, Denver, Colorado 80249.
    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Brigham City Municipal Airport under
the provisions of the AIR 21.
    On September 14, 2007, the FAA determined that the request to
release property at the Brigham City Municipal Airport submitted by
Brigham City, Utah met the procedural requirements of the Federal
Aviation Regulations, Part 155. The FAA may approve the request, in
whole or in part, no later than March 10, 2008.
    The following is a brief overview of the request:
    The Brigham City Municipal Airport requests the release of 1.26
acres of non-aeronautical airport property to Brigham City, Utah. The
purpose of this release is to allow the City to exchange the subject
land that no longer serves any aeronautical purpose at the airport. The
exchange will provide new access to the airport.
    Any person may inspect the request by appointment at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may inspect the application, notice and
other documents germane to the application in person at the Brigham
City Municipal Airport, 20 North Main Street, Brigham City, Utah 84302.

    Issued in Denver, Colorado on February 4, 2008.
Craig A. Sparks,
Manager, Denver Airports District Office.
[FR Doc. 08-720 Filed 2-19-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: March 28, 2006 (Volume 71, Number 59)]
[Notices]
[Page 15405-15406]
[DOCID:fr28mr06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-88-000]

Texas Gas Transmission, LLC; Notice of Application

March 21, 2006.
    Take notice that on March 13, 2006, Texas Gas Transmission, LLC
(Texas Gas) filed an application pursuant to section 7(b) of the
Natural Gas Act (NGA), for authorization to abandon, by sale to Hydro
Gulf of Mexico, L.L.C., certain supply lateral facilities and
appurtenances consisting of approximately 12.4 miles of 16-inch
pipeline located in the West Cameron area, offshore Louisiana. Texas
Gas requests a Commission determination that following abandonment, the
facilities will be non-jurisdictional gathering facilities pursuant to
section 1(b) of the NGA, all as more fully set forth in the application
which is on file with the Commission and open to public inspection.
    This filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    Any initial questions regarding this application should be directed
to Kathy D. Fort, Manager of Certificates and Tariffs, Texas Gas
Transmission, LLC, P.O. Box 20008, Owensboro, Kentucky 42304 at (270)
688-6825, or by fax at<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    Persons who wish to comment only on the environmental review of
this project, or in support of or in opposition to this project, should
submit an original and two copies of their comments to the Secretary of
the Commission. Environmental commentor will be placed on the
Commission's environmental mailing list, will receive copies of the
environmental documents, and will be notified of meetings associated
with the Commission's environmental review process. Environmental
commentors will not be required to serve copies of filed documents on
all other parties. The Commission's rules require that persons filing
comments in opposition to the project provide copies of their protests
only to the applicant. However, the non-party commentors will not
receive copies of all documents filed by other parties or issued by the
Commission (except for the mailing of environmental documents issued by
the Commission) and will not have the right to seek court review of the
Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the

Commission's Web site (http://www.ferc.gov) under the ``e-Filing''

link.
    Comment Date: 5 p.m. Eastern Time on April 11, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4457 Filed 3-27-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28539-28541]
[FR Doc No: 2023-09489]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-55-000]

Port Arthur LNG Phase II, LLC, PALNG Common Facilities Company,
LLC; Notice of Availability of the Environmental Assessment for the
Proposed Port Arthur Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a Supplemental Environmental Assessment (EA)
for the Port Arthur LNG Expansion Project, proposed by Port Arthur LNG
Phase II, LLC and PALNG Common Facilities Company, LLC (collectively
referred to as Applicant) in the above-referenced docket. The Applicant
requests approval to expand the previously authorized Port Arthur
Liquefaction Terminal in Jefferson County, Texas by siting,
constructing, and operating additional liquefied natural gas (LNG)
facilities to increase the terminal's capability to liquefy natural gas
for export by 13.46 million tonnes per annum (MTPA). The Port Arthur
LNG Expansion Project would increase the terminal's total liquefaction
capacity from 13.46 MTPA to 26.92 MTPA.
    The Supplemental EA includes a summary of the project's impacts and
responds to comments that were received on the Commission's January 15,
2021 Environmental Assessment (EA).\1\ The Supplemental EA will assist
the Commission in its consideration of the project's impacts on air
quality, environmental justice communities, and climate change, and
will inform the Commission in its review of the project under section 3
of the Natural Gas Act. Commission staff conclude that approval of the
Port Arthur LNG Expansion Project, with the mitigation measures
recommended in this Supplemental EA, would not constitute a major
federal action significantly affecting the quality of the human
environment.
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    \1\ The Commission's January 15, 2021 Environmental Assessment
of the Port Arthur LNG Expansion Project is available on eLibrary
under accession no. 20210115-3014.
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    The U.S. Environmental Protection Agency, U.S. Department of
Energy, U.S. Coast Guard, and U.S. Department of Transportation's
Pipeline and Hazardous Materials Safety Administration participated as
a cooperating agencies in the preparation of the Supplemental EA.
Cooperating agencies have jurisdiction by law or special expertise with
respect to resources potentially affected by the proposal and
participate in the National Environmental Policy Act (NEPA) analysis.
    The Supplemental EA incorporates the Commission's January 15, 2021
EA, which addresses the potential environmental effects of the
construction and operation of the following project facilities:
     two liquefaction trains (Trains 3 and 4) each with a
maximum LNG production capacity of 6.73 MTPA (13.46 MTPA total);
     one new low-pressure ground flare;
     new flare knockout drums;
     one new boil-off gas (BOG) compressor unit to compress BOG
and deliver as fuel to gas turbines;

     two new utility and instrument air compressor packages to
deliver air to two new air drier packages;
     one new 3.675 megawatt capacity diesel powered standby
generator; and
     shifting location of some equipment from Base Project and
modifications and additions to approved utilities, fire and gas
detection systems, control system, firewater system, spill containment,
tertiary berm, and infrastructure needed to accommodate the two
additional liquefaction trains.\2\
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    \2\ On January 18, 2023, FERC staff issued a letter approving
design modifications related to Port Arthur LNG, LLC's Base Project
under FERC Docket Number CP17-20-000, which included shifting and
relocation of some equipment, including LNG storage tanks, and
modifications and additions to utilities, and spill containment. The
relocations and modifications do not involve any new facilities
associated with the Expansion Project. See FERC eLibrary at https://elibrary.ferc.gov/eLibrary/search, Accession Number 20230118-3011.
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    The Commission mailed a copy of the Notice of Availability of the
Supplemental Environmental Assessment for the Proposed Port Arthur LNG
Expansion Project to federal, state, and local government
representatives and agencies; elected officials; environmental and
public interest groups; potentially affected landowners (as defined by
the Commission's regulations) and other interested individuals and
groups. The Supplemental EA is only available in electronic format. It
may be viewed and downloaded from the FERC's website (www.ferc.gov), on
the natural gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In
addition, the Supplemental EA may be accessed by using the eLibrary
link on the FERC's website. Click on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search) select ``General Search'' and enter
the docket number in the ``Docket Number'' field (i.e. CP20-55-000). Be
sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at [email protected] or
toll free at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.
    The Supplemental EA is not a decision document. It presents
Commission staff's independent analysis of the environmental issues for
the Commission to consider when addressing the merits of all issues in
this proceeding. Any person wishing to comment on the Supplemental EA
may do so. Your comments should focus on the Supplemental EA's
disclosure and discussion of potential environmental effects and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure the Commission
has the opportunity to consider your comments prior to making its
decision on this project, it is important that the Commission receive
your comments on or before 5:00 p.m. Eastern Time on May 30, 2023.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
     You can file your comments electronically using the
eComment feature on the Commission's website (www.ferc.gov) under the
link to FERC Online. This is an easy method for submitting brief, text-
only comments on a project;
     You can file your comments electronically by using the
eFiling feature also on the Commission's website (www.ferc.gov) under
the link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
     You can file a paper copy of your comments by mailing them
to the Commission. Be sure to reference the Project docket number
(CP20-55-000) on your letter. Submissions sent via the U.S. Postal
Service must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
     In lieu of sending written comments, the Commission
invites you to attend the virtual public comment sessions its staff
will conduct by telephone, scheduled as follows:

Date and Time of Public Comment Sessions on the Supplemental EA

May 15, 2023

Session 1
Time: 1 p.m. local
Call in number:<PHONE_NUMBER>
Participant passcode: 8598617
Session 2
Time: 6 p.m. local
Call in number:<PHONE_NUMBER>
Participant passcode: 8707920

    The primary goal of the comment sessions is to have stakeholders
identify specific environmental issues and concerns with the
Supplemental EA. Note that the comment sessions will end once all
participants wishing to comment have had the opportunity to do so, or
after two hours, whichever comes first. Individual oral comments will
be taken one at a time with a court reporter present on the line.
    There will be a brief introduction by Commission staff when the
session opens, so please attempt to call in at the beginning of the
session. All participants will be able to hear the comments provided by
other participants; however, all lines will remain closed during the
comments of others and then opened one at a time for providing
comments. Once you call in, the operator will provide directions on how
to indicate you would like to provide a comment. A time limit of 5
minutes may be implemented for each commentor.
    Your oral comments will be recorded by the court reporter and
become part of the public record for this proceeding. Transcripts of
all comments received during the session will be publicly available on
FERC's eLibrary system (see page 2 of this notice for instructions on
using eLibrary).
    It is important to note that the Commission provides equal
consideration to all comments received, whether filed in written form
or provided orally at a comment session.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in the proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR part
385.214(b)(3) and (d)) and show good cause why the time limitation
should be waived. Motions to intervene are more fully described at
https://www.ferc.gov/how-intervene.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the

eLibrary link. The eLibrary link also provides access to the texts of
all formal documents issued by the Commission, such as orders, notices,
and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: April 28, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-09489 Filed 5-3-23; 8:45 am]
BILLING CODE 6717-01-P


	United States

Environmental Protection Agency	Office of Water4304T	  SEQ CHAPTER \h \r
1 EPA-822-F-08-002

June 2008

	Methodology for Deriving Ambient Water Quality Criteria  for the
Protection of Human Health (2000)

Draft Technical Support Document,

Volume 3: Development of Site-Specific Bioaccumulation Factors

EPA has released for scientific views a draft of a third technical
support document to accompany the Methodology for Deriving Ambient Water
Quality Criteria for the Protection of Human Health, published in 2000.
The Draft Technical Support Document, Volume 3: Development of
Site-specific Bioaccumulation Factors (Site-specific TSD”) contains
technical details on how states and tribes may develop site-specific
bioaccumulation factors (BAFs) for use in deriving site-specific ambient
water quality criteria for protecting human health.  The first two
technical support documents are entitled Technical Support Document,
Volume 1: Risk Assessment and Technical Support Document, Volume 2:
Development of National Bioaccumulation Factors (National TSD).

Background

Aquatic organisms can accumulate chemicals in their bodies when they are
exposed to these chemicals through water, their diet, and sediment. This
process is called bioaccumulation. The extent of bioaccumulation by
aquatic organisms varies widely depending on the chemical and the
species, but it can be extremely high for some highly persistent and
lipid-soluble chemicals. For such highly bioaccumulative chemicals,
concentrations in aquatic organisms may pose unacceptable human health
risks from eating fish and shellfish even when concentrations in water
are too low to cause unacceptable health risks from drinking the water.

In order to prevent harmful exposures to chemicals in water through
eating contaminated fish and shellfish, Clean Water Act Section 304(a)
national water quality criteria recommendations (“304(a) criteria”)
for protecting human health must address chemical bioaccumulation in
aquatic organisms.  Technical Support Document, Volume 2: Development of
National Bioaccumulation Factors (“National TSD”) describes how to
calculate national bioaccumulation factors for use in 304(a) criteria.

In developing the National TSD, EPA envisioned the development of a
second technical support document to address bioaccumulation and provide
guidance on how to modify the national bioaccumulation factors (BAFs) to
derive BAFs that are more representative of the bioaccumulation
potential at a given location (i.e., site-specific BAFs).  The draft
Site-specific TSD provides guidance on different approaches that
investigators can take to develop site-specific BAFs, and the factors
that should be considered when selecting an approach for a given
situation.  Neither of the bioaccumulation TSDs should be used alone to
derive BAFs, but rather should be used in conjunction with the 2000
Human Health Methodology.  The intended audience for the draft
Site-specific TSD includes state and tribal water quality staff
scientists or risk assessors (“investigators”) who are responsible
for deriving state or tribal water quality standards, stakeholders
interested in developing site-specific BAFs, and other users interested
in site-specific bioaccumulation issues for other applications.

About this Technical Support Document

In 2000, EPA published the Methodology for Deriving Ambient Water
Quality Criteria for the Protection of Human Health ("2000 Human Health
Methodology") that updated and revised the existing 1980 Ambient Water
Quality Criteria National Guidelines. The 2000 Human Health Methodology
incorporates scientific advancements made over the past two decades in
chemical risk assessment, exposure assessment, and bioaccumulation.

EPA developed detailed procedures and guidelines described in the 2000
Human Health Methodology for estimating BAF values for use in deriving
or revising ambient water quality criteria. The National TSD discusses
the technical basis for developing national BAFs, the underlying
assumptions and uncertainties inherent to the approach, and applying the
bioaccumulation component of the 2000 Human Health Methodology. The
draft Site-specific TSD expands on the information presented in the
National TSD by providing users specific information on how to calculate
site-specific BAFs for use in modifying the national 304(a) criteria.
The draft Site-specific TSD presents methods for states, tribes and
other interested parties to calculate BAFs that are specific to their
site.  The goal in deriving site-specific BAFs is to determine the most
accurate estimates of bioaccumulation feasible for each site.  The draft
Site-specific TSD follows the same methodology presented in National
TSD.

Technical Information

Using the 2000 Human Health Methodology, water quality criteria are
derived using a bioaccumulation factor to reflect the uptake and
retention of a chemical by fish and shellfish from all sources (e.g.,
water, food, sediment).  The National TSD and the draft Site-Specific
TSD include a framework for selecting the appropriate procedure for
deriving a BAF that is based on chemical properties, biological activity
and scientific information.  The draft Site-Specific TSD expands on this
information by providing information on sampling and statistical
techniques, modification of existing national BAFs for site-specific
application, and empirical calculations of site-specific BAFs.

How do I get a copy of the draft technical support document?

EPA requests scientific views on all aspects of the draft Site-Specific
TSD, including the soundness of the technical approaches described in
the document, the usefulness of the document for states and tribes in
calculating site-specific BAFs, and the document’s clarity of
presentation.  You can get copies of "Methodology for Deriving Ambient
Water Quality Criteria for the Protection of Human Health, Draft
Technical Support Document, Volume 3: Development of Site-Specific
Bioaccumulation Factors" (EPA-822-B-08-001) by   HYPERLINK
"http://www.epa.gov/waterscience/criteria/humanhealth/method/"
downloading the document from EPA's web site  at
www.epa.gov/waterscience/criteria/humanhealth/method/index.html.

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