[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Rules and Regulations]
[Page 16012-16017]
[DOCID:fr31mr10-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2004-0014: FRL-9131-9; 2060-AP73]

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Inclusion of Fugitive Emissions; Final Rule;
Stay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this final action, EPA is issuing a stay for 18 months of
the inclusion of fugitive emissions requirements in the federal
Prevention of Significant Deterioration (PSD) program published in the
Federal Register on December 19, 2008, in the final rule entitled,
``Prevention of Significant Deterioration (PSD) and Nonattainment New
Source Review (NSR): Reconsideration of Fugitive Emissions''
(``Fugitive Emissions Rule''). The Fugitive Emissions Rule under the
federal PSD program requires that fugitive emissions be included in
determining whether a physical or operational change results in a major
modification only for sources in industries that have been designated
through rulemaking under section 302(j) of the Clean Air Act (Act or
CAA). The existing stay is in effect for 3 months; that is, from
December 31, 2009 until March 31, 2010. This action puts in place an
additional stay for 18 months, which we believe will allow for
sufficient time for EPA to propose, take public comment on, and issue a
final action concerning the inclusion of fugitive emissions in the
federal PSD program.

DATES: The amendments to 40 CFR parts 51 and 52 in this rule are
effective from April 1, 2010 through October 3, 2011. Effective April
1, 2010, the following Code of Federal Regulations sections are
administratively stayed until October 3, 2011: 40 CFR
51.165(a)(1)(v)(G), (a)(1)(vi)(C)(3), (a)(1)(ix), (a)(1)(xxviii)(B)(2),
(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1),
(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii),
(a)(6)(iv), and (f)(4)(i)(D); 40 CFR 51.166, (a)(7)(iv)(b), (b)(2)(v),
(b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20), (b)(40)(ii)(b),
(b)(40)(ii)(d), (b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii),
(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d); 40 CFR part
51, Appendix S, paragraphs II.A.5(vii), II.A.6(iii), II.A.9,
II.A.24(ii)(b), II.A.24(ii)(d), II.A.30(i)(a), II.A.30(ii)(a),
II.A.30(iii), II.A.30(iv), IV.I.1(ii), IV.J.3, IV.J.4, and
IV.K.4(i)(d); and 40 CFR 52.21, (a)(2)(iv)(b), (b)(2)(v),
(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b),
(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), (b)(48)(iii),
(b)(48)(iv), (r)(6)(iii), (r)(6)(iv), and (aa)(4)(i)(d).

ADDRESSES: Docket: All documents in the docket are listed in the http:/
/www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1742, and the telephone number for the Air Docket is (202)
566-1744.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Wheeler, Air Quality Policy
Division, (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711; telephone number<PHONE_NUMBER>; fax

number<PHONE_NUMBER>; or e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include sources in all
industry groups. The majority of sources potentially affected are
expected to be in the following groups.

----------------------------------------------------------------------------------------------------------------
              Industry group                               SIC \a\                            NAICS \b\
----------------------------------------------------------------------------------------------------------------
Electric Services........................  491....................................  221111, 221112, 221113,
                                                                                221119, 221121, 221122.
Petroleum Refining.......................  291....................................  324110.
Industrial Inorganic Chemicals...........  281....................................  325181, 325120, 325131,
                                                                                325182, 211112, 325998,
                                                                                331311, 325188.
Industrial Organic Chemicals.............  286....................................  325110, 325132, 325192,
                                                                                325188, 325193, 325120,
                                                                                325199.
Miscellaneous Chemical Products..........  289....................................  325520, 325920, 325910,
                                                                                325182, 325510.
Natural Gas Liquids......................  132....................................  211112.
Natural Gas Transport....................  492....................................  486210, 221210.
Pulp and Paper Mills.....................  261....................................  322110, 322121, 322122,
                                                                                322130.
Paper Mills..............................  262....................................  322121, 322122.
Automobile Manufacturing.................  371....................................  336111, 336112, 336211,
                                                                                336992, 336322, 336312,
                                                                                336330, 336340, 336350,
                                                                                336399, 336212, 336213.
Pharmaceuticals..........................  283....................................  325411, 325412, 325413,
                                                                                325414.
Mining...................................  211, 212, 213..........................  21.
Agriculture, Fishing and Hunting.........  111, 112, 113, 115.....................  11.
----------------------------------------------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Industry Classification System.

    Entities potentially affected by the subject rule for this proposed
action also include state, local, and tribal governments.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this final rule is also be available on the World Wide Web in the
regulations and standards section of our NSR home page located at
http://www.epa.gov/nsr.

C. How is this preamble organized?

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. How is this preamble organized?
II. This Action
    A. Background
    B. Final Rule
    C. Comments and Responses
    D. Basis for Making This Rule Effective on the Date of
Publication
III. Statutory and Executive Order Review
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Determination Under Section 307(d)
    L. The Congressional Review Act
    M. Basis for Making This Rule Effective on the Date of
Publication
IV. Statutory Authority

II. This Action

A. Background

    On December 19, 2008, the EPA (``we'') issued a final rule revising
our requirements of the major NSR programs regarding the treatment of
fugitive emissions (``Fugitive Emissions Rule''). 73 FR 77882. The
final rule required fugitive emissions to be included in determining
whether a physical or operational change results in a major
modification only for sources in industries that have been designated
through rulemaking under section 302(j) of the CAA. The final rule
amended all portions of the major NSR program regulations: Permit
requirements, the PSD program, and the emission offset interpretive
ruling.
    On February 17, 2009, the Natural Resources Defense Council
submitted a petition for reconsideration of the December 2008 final
rule as provided for in CAA 307(d)(7)(B).\1\
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    \1\ John Walke, NRDC, EPA-HQ-OAR-2004-0014-0060.
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    On April 24, 2009, we responded to the February 17, 2009 petition
by letter indicating that we were convening a reconsideration
proceeding for the inclusion of fugitive emissions challenged in the
petition and granting a 3-month administrative stay of the rule
contained in the federal PSD program at 40 CFR parts 51 and 52. The
letter also indicated that we would publish a notice of proposed
rulemaking ``in the near future'' to address the specific issues for
which we are granting reconsideration.\2\
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    \2\ Lisa Jackson, U.S. EPA, EPA-HQ-OAR-2004-0014-0062.
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    The administrative stay of the Fugitive Emissions Rule became
effective on September 30, 2009. See 74 FR 50115, FR Doc. E9-23503. As
noted above, our authority under section 307(d)(7)(B) to stay a rule or
portion thereof solely under the Administrator's discretion is limited
to 3 months. An interim final determination was made to provide an
additional stay for 3 months. This additional stay became effective on
December 31, 2009. See 74 FR 65692.

B. Final Rule

    In this final rule we are staying the Fugitive Emissions Rule for
18 months. As described above, the same provisions were
administratively stayed for 3 months; however, that stay ended on
December 30, 2009. To avoid a gap between the end of the stay and the
proposed additional stay, an interim final determination was made to
provide an additional stay for 3 months, ending on March 31, 2010. We
believe the 18 month additional stay is needed and will provide
adequate time for EPA to propose, take comment on, and issue a final
action on issues that are associated with the inclusion of fugitive
emissions. Therefore, we are issuing this stay of the final Fugitive
Emissions Rule in the federal PSD program at 40 CFR 51

and 52 for 18 months, until October 3, 2011.

C. Comments and Responses

    When we proposed this stay on February 11, 2010, we did not take
comment on any substantive issues concerning the inclusion of fugitive
emissions in the NSR program as stated in the Fugitive Emissions Rule.
Comments sought were to be limited to the issue of whether to establish
this additional stay and how long this stay would be. [75 FR 6823 at
6825].
    We received three comments on the proposal for this additional stay
of the Fugitive Emissions Rule. The first commenter supported the
additional stay for ``18 months, 24 months, or however long it takes
for the current administration to reverse the rule and return to EPA's
longstanding, lawful, and more protective approach.''
    One industry coalition commenter opposed the additional 18 month
stay to ``take substantive action and facilitate resolution of this
significant permit applicability issue.'' Further, the commenter
suggested that any delay ``makes compliance with already complex PSD
and NSR rules just that more difficult.'' No additional detail is
provided regarding the difficulties with compliance for these rules. We
agree with the industry coalition commenter that EPA should take
substantive action to facilitate resolution of this applicability
issue. However, we believe that 18 months is necessary to allow EPA
sufficient time to propose, take public comment on, and issue a final
action concerning the inclusion of fugitive emissions in the federal
PSD program. The commenter does not provide further details to
demonstrate how this stay negatively impacts compliance. In our view,
it is imperative the Fugitive Emissions Rule continue to be stayed
while we undergo the reconsideration process to reduce confusion. If it
is effective during this process and the Rule is ultimately changed, it
would only further complicate compliance with PSD and NSR rules, an
issue of concern for the commenter.
    The final commenter did not comment specifically on the proposed
additional stay, but instead stated that ``further reconsideration is
unnecessary.'' We believe this comment addresses the underlying
substance of the Fugitive Emissions rule, which is beyond the scope of
this action.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action only issues a stay of
the Fugitive Emissions Rule for 18 months.
    However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0003 [EPA ICR No. 1230.21]. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any new requirements on small entities. We have
determined that small businesses will not incur any adverse impacts
because EPA is taking this action to propose an additional stay to the
regulations at 40 CFR parts 51 and 52 concerning the inclusion of
fugitive emissions. No costs are associated with this amendment.

D. Unfunded Mandates Reform Act

    This action does not contain a federal mandate under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538 for state, local, and tribal governments, in the
aggregate, or the private sector in any one year. This action only
proposes to put in place an additional stay of the regulations at 40
CFR parts 51 and 52 concerning the inclusion of fugitive emissions.
Thus, this rule is not subject to the requirements of sections 202 or
205 of the Unfunded Mandates Reform Act (UMRA).
    This final rule is also not subject to the requirements of section
203 of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This final rule does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in EO 13132. This action only stays the regulations at 40
CFR parts 51 and 52 concerning the inclusion of fugitive emissions.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in EO
13175 (65 FR 67249, November 9, 2000). This action will not impose any
new obligations or enforceable duties on tribal governments. Thus, EO
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because this proposal only proposes to put in place an additional
stay of the regulations at 40 CFR parts 51 and 52 concerning the
inclusion of fugitive emissions.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This final rulemaking does not involve technical standards.
Therefore, EPA is not using any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority and/or low income populations. This rule stays the
regulations at 40 CFR parts 51 and 52 concerning the inclusion of
fugitive emissions.

K. Determination Under Section 307(d)

    Pursuant to sections 307(d)(1)(J) and 307(d)(1)(V) of the CAA, the
Administrator determines that this action is subject to the provisions
of section 307(d). Section 307(d)(1)(V) provides that the provisions of
section 307(d) apply to ``such other actions as the Administrator may
determine.''

L. The Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective April 1, 2010.

M. Basis for Making This Rule Effective on the Date of Publication

    Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C.
553(b), generally provides that rules may not take effect earlier than
30 days after they are published in the Federal Register. However, EPA
is issuing this final rule under section 307(d)(1) of the CAA, which
states:

    ``The provisions of section 553 through 557 * * * of Title 5
shall not, except as expressly provided in this section, apply to
actions to which this subsection applies.''

Thus, section 553(d) of the APA does not apply to this rule. EPA is
nevertheless acting consistently with the policies underlying APA
section 553(d) in making this rule effective on the date of
publication. APA section 553(d)(3) provides an exception when the
agency finds good cause exists for a period less than 30 days before
effectiveness. We find good cause exists to make this rule effective
upon publication. A gap between the current stay that ends on March 31,
2010 and the effective date of this stay could result in administrative
and regulatory confusion if the stayed provisions came back into
effect, only to be stayed again a short time later. In order to avoid
this potential gap, this rule is effective upon publication.

IV. Statutory Authority

    The statutory authority for this action is provided by section
301(a) of the CAA as amended (42 U.S.C. 7601(a)). This notice is also
subject to section 307(d) of the CAA (42 U.S.C. 7407(d)).

List of Subjects

40 CFR Part 51

    Administrative practices and procedures, Air pollution control,
Carbon monoxide, Fugitive emissions, Intergovernmental relation, Lead,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Transportation, Volatile
organic compounds.

40 CFR Part 52

    Administrative practices and procedures, Air pollution control,
Carbon monoxide, Fugitive emissions, Incorporation by reference,
Intergovernmental relation, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Transportation, Volatile organic compounds.

    Dated: March 24, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons discussed in the preamble, the EPA amends 40 CFR parts
51 and 52 as follows:

PART 51--[AMENDED]

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401- 7671q.

Sec.  51.165  [Amended]

    2. Effective April 1, 2010, 40 CFR 51.165(a)(1)(v)(G),
(a)(1)(vi)(C)(3), (a)(1)(ix), (a)(1)(xxviii)(B)(2),
(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1),
(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii),
(a)(6)(iv), and (f)(4)(i)(D) are stayed until October 3, 2011.
    3. Effective April 1, 2010 through October 3, 2011, amend 40 CFR
51.165 to add paragraph (a)(4) to read as follows:

Sec.  51.165  Permit requirements.

    (a) * * *
    (4) Each plan may provide that the provisions of this paragraph do
not apply to a source or modification that would be a major stationary
source or major modification only if fugitive emission to the extent
quantifiable are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
    (i) Coal cleaning plants (with thermal dryers);
    (ii) Kraft pulp mills;
    (iii) Portland cement plants;

    (iv) Primary zinc smelters;
    (v) Iron and steel mills;
    (vi) Primary aluminum ore reduction plants;
    (vii) Primary copper smelters;
    (viii) Municipal incinerators capable of charging more than 250
tons of refuse per day;
    (ix) Hydrofluoric, sulfuric, or citric acid plants;
    (x) Petroleum refineries;
    (xi) Lime plants;
    (xii) Phosphate rock processing plants;
    (xiii) Coke oven batteries;
    (xiv) Sulfur recovery plants;
    (xv) Carbon black plants (furnace process);
    (xvi) Primary lead smelters;
    (xvii) Fuel conversion plants;
    (xviii) Sintering plants;
    (xix) Secondary metal production plants;
    (xx) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
    (xxi) Fossil-fuel boilers (or combination thereof) totaling more
than 250 million British thermal units per hour heat input;
    (xxii) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
    (xxiii) Taconite ore processing plants;
    (xxiv) Glass fiber processing plants;
    (xxv) Charcoal production plants;
    (xxvi) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
    (xxvii) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
* * * * *

Sec.  51.166  [Amended]

0
4. Effective April 1, 2010, 40 CFR 51.166(a)(7)(iv)(b), (b)(2)(v),
(b)(3)(iii)(c), (b)(3)(iii)(d), (b)(20), (b)(40)(ii)(b),
(b)(40)(ii)(d), (b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii),
(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and (w)(4)(i)(d) are stayed
until March 31, 2010.

0
5. Effective April 1, 2010 through October 3, 2011, amend 40 CFR 51.166
to add paragraph (i)(l)(ii) to read as follows:

Sec.  51.166  Prevention of significant deterioration of air quality.

* * * * *
    (i) * * *
    (1) * * *
    (ii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of
the stationary source or modification and such source does not belong
to any following categories:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons
of refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
* * * * *

Appendix S to 40 CFR part 51 [Amended]

0
6. Effective April 1, 2010, 40 CFR part 51, Appendix S, paragraphs
II.A.5(vii), II.A.6(iii), II.A.9, II.A.24(ii)(b), II.A.24(ii)(d),
II.A.30(i)(a), II.A.30(ii)(a), II.A.30(iii), II.A.30(iv), IV.I.1(ii),
IV.J.3, IV.J.4, and IV.K.4(i)(d) are stayed until October 3, 2011.

0
7. Effective April 1, 2010 through October 3, 2011, amend Appendix S to
part 51 to add II.F to read as follows:

Appendix S to Part 51--Emission Offset Interpretative Ruling

* * * * *

II. * * *

    F. Fugitive emission sources. Section IV.A. of this Ruling shall
not apply to a source or modification that would be a major
stationary source or major modification only if fugitive emissions,
to the extent quantifiable, are considered in calculating the
potential to emit of the stationary source or modification and such
source does not belong to any following categories:
    (1) Coal cleaning plants (with thermal dryers);
    (2) Kraft pulp mills;
    (3) Portland cement plants;
    (4) Primary zinc smelters;
    (5) Iron and steel mills;
    (6) Primary aluminum ore reduction plants;
    (7) Primary copper smelters;
    (8) Municipal incinerators capable of charging more than 250
tons of refuse per day;
    (9) Hydrofluoric, sulfuric, or nitric acid plants;
    (10) Petroleum refineries;
    (11) Lime plants;
    (12) Phosphate rock processing plants;
    (13) Coke oven batteries;
    (14) Sulfur recovery plants;
    (15) Carbon black plants (furnace process);
    (16) Primary lead smelters;
    (17) Fuel conversion plants;
    (18) Sintering plants;
    (19) Secondary metal production plants;
    (20) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol
by natural fermentation included in NAICS codes 325193 or 312140;
    (21) Fossil-fuel boilers (or combination thereof) totaling more
than 250 million British thermal units per hour heat input;
    (22) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
    (23) Taconite ore processing plants;
    (24) Glass fiber processing plants;
    (25) Charcoal production plants;
    (26) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
    (27) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
* * * * *

PART 52--[AMENDED]

0
8. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Sec.  52.21  [Amended]

0
9. Effective April 1, 2010, 40 CFR 52.21, (a)(2)(iv)(b), (b)(2)(v),
(b)(3)(iii)(b), (b)(3)(iii)(c), (b)(20),(b)(41)(ii)(b), (b)(41)(ii)(d),
(b)(48)(i)(a),(b)(48)(ii)(a), (b)(48)(iii), (b)(48)(iv), (r)(6)(iii),
(r)(6)(iv), and (aa)(4)(i)(d) are stayed until October 3, 2011.

0
10. Effective April 1, 2010 through October 3, 2011, amend 40 CFR 52.21
to add (i)(l)(vii) to read as follows:

Sec.  52.21  Prevention of significant deterioration of air quality.

* * * * *
    (i) * * *
    (1) * * *
    (vii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of
the stationary source or modification and the source does not belong to
any of the following categories:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons
of refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
* * * * *
[FR Doc. 2010-7036 Filed 3-30-10; 8:45 am]
BILLING CODE 6560-50-P