[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Proposed Rules]
[Pages 15656-15664]
[FR Doc No: 2012-6429]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2003-0062; FRL-9648-1]
RIN 2060-AR30

Implementation of the New Source Review (NSR) Program for
Particulate Matter Less Than 2.5 Micrometers (PM2.5):
Amendment to the Definition ``Regulated NSR Pollutant'' Concerning
Condensable Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to revise the definition ``regulated NSR
pollutant'' contained in two sets of Prevention of Significant
Deterioration (PSD) regulations and in the EPA's Emission Offset
Interpretative Ruling. This revision would correct an inadvertent error
made in 2008 when the EPA issued its final rule to implement the new
source review (NSR) program for fine particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers (PM2.5).
Effectively, this revision would reestablish the interpretation that
for measurement of ``particulate matter emissions'' in the context of
the PSD and NSR regulations there is no explicit requirement to include
measurement of condensable PM. However, the condensable portion would
continue to be required for emissions of particles with an aerodynamic
diameter of less than or equal to 10 micrometers (PM10) and
PM2.5.

DATES: Comments must be received on or before May 15, 2012.
    Public Hearing. If anyone contacts the EPA requesting the
opportunity to speak at a public hearing concerning the proposed
regulation by March 26, 2012, the EPA will hold a public hearing
approximately 30 days after publication in the Federal Register.
Additional information about the hearing would be published in a
subsequent Federal Register notice.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0062, by one of the following methods:
     http://www.regulations.gov. Follow the online instructions
for submitting comments.
     Email<EMAIL_ADDRESS>     Mail: Air and Radiation Docket, Environmental Protection
Agency, Mail code 6102T, 1200 Pennsylvania Avenue NW., Washington, DC
20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to the applicable docket. The
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through www.regulations.gov,
your email address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, the EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, 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
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<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Dan deRoeck, Air Quality Policy
Division (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC, 27711; telephone number<PHONE_NUMBER>; fax number
(919) 541-5509; or email address<EMAIL_ADDRESS>    To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number<PHONE_NUMBER>; fax number<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities affected by this rule include sources in all industry
groups. The majority of sources potentially affected are expected to be
in the following groups that emit particulate matter:

------------------------------------------------------------------------
             Industry group                         NAICS \a\
------------------------------------------------------------------------
Electric services......................  221111, 221112, 221113, 221119,
                                          221121, 221122
Petroleum refining.....................  32411

Industrial inorganic chemicals.........  325181, 32512, 325131, 325182,
                                          211112, 325998, 331311, 325188
Industrial organic chemicals...........  32511, 325132, 325192, 325188,
                                          325193, 32512, 325199
Miscellaneous chemical products........  32552, 32592, 32591, 325182,
                                          32551
Natural gas liquids....................  211112
Natural gas transport..................  48621, 22121
Pulp and paper mills...................  32211, 322121, 322122, 32213
Paper mills............................  322121, 322122
Automobile manufacturing...............  336111, 336112, 336712, 336211,
                                          336992, 336322, 336312, 33633,
                                          33634, 33635, 336399, 336212,
                                          336213
Pharmaceuticals........................  325411, 325412, 325413, 325414
------------------------------------------------------------------------
\a\ North American Industry Classification System.

    Entities affected by this rule also include state, local, and
tribal reviewing authorities responsible for implementing Clean Air Act
(CAA or Act) stationary source permitting programs.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit information containing CBI to the
EPA through www.regulations.gov or email. Send or deliver information
identified as CBI only to the following address: Mr. Roberto Morales,
OAQPS Document Control Officer (C404-02), U.S. EPA, Office of Air
Quality Planning and Standards, Research Triangle Park, North Carolina
27711, Attention: Docket ID EPA-HQ-OAR-2003-0062. Clearly mark the part
or all of the information that you claim to be CBI. For CBI information
in a disk or CD-ROM that you mail to the EPA, mark the outside of the
disk or CD-ROM as CBI and then identify electronically within the disk
or CD-ROM the specific information that is claimed as CBI. In addition
to one complete version of the comment that includes information
claimed as CBI, a copy of the comment that does not contain the
information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting your comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

C. 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 proposed rule will also be available on the World Wide Web.
Following signature by the EPA Administrator, a copy of this proposed
rule will be posted in the regulations and standards section of our NSR
home page located at http://www.epa.gov/nsr.

D. How can I find information about a possible public hearing?

    To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number<PHONE_NUMBER>; fax number<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
E. How is this preamble organized?

    The information in this Supplementary Information section of this
preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
    C. Where can I get a copy of this document and other related
information?
    D. How can I find information about a possible public hearing?
    E. How is this preamble organized?
II. Purpose
III. Background
    A. National Ambient Air Quality Standards (NAAQS) for
Particulate Matter (PM)
    B. Measuring and Reporting Emissions of Pariculate Matter (PM)
    C. New Source Review Program for PM
IV. Why is the EPA proposing to change the definition ``Regulated
NSR pollutant'' with regard to PM?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory 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 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
VI. Statutory Authority

II. Purpose

    The purpose of this rulemaking is to revise the definition
``regulated NSR pollutant'' contained in the regulations for PSD at 40
CFR 51.166 and 52.21, and in the EPA's Emission Offset Interpretative
Ruling at 40 CFR part 51 Appendix S. This revision will correct an
error that occurred when the regulations were revised in 2008. The
existing definition was changed in 2008 to require that particulate
matter emissions, PM10 emissions and PM2.5
emissions--representing three separate size ranges or indicators of
particles--must include ``gaseous emissions from a source or activity
which condense to form particulate matter at ambient temperatures,''
i.e., condensable particulate matter. See existing 40 CFR 51.166
(b)(49)(vi) and 52.21(b)(50)(vi). Previously, EPA's regulations did not
require particulate matter emissions to include condensable particulate
matter; consistent with the applicable New

Source Performance Standards (NSPS) for PM and the corresponding
compliance test method, only the filterable fraction had been
considered for NSR purposes. The 2008 change therefore imposed an
unintended new requirement on state and local agencies and the
regulated community. As described in more detail in section IV of this
preamble, in the 2008 final rule we did not intend that the term
``particulate matter emissions'' include the condensable PM fraction of
primary PM; the EPA no longer regulates the ambient indicator, total
suspended particulate (TSP), with which the indicator ``particulate
matter emissions'' was originally associated, and there is no
compelling reason for requiring that the condensable PM portion be
counted toward the measure of ``particulate matter emissions'' from
stationary sources for PSD applicability determinations and in
establishing emissions limitations.
    If these proposed revisions are finalized, they will ensure that
our approach for regulating the three indicators for particulate matter
under the PSD program is codified as originally intended. This would
mean that ``PM10 emissions'' and ``PM2.5
emissions'' would be regulated as criteria pollutants (that is, under
the portion of the definition that refers to ``[a]ny pollutant for
which a national ambient air quality standard has been promulgated * *
*''), and would be required to include the condensable PM fraction
emitted by a source. Also, ``particulate matter emissions'' would be
regulated as a non-criteria pollutant (that is, under the portion of
the definition that refers to ``[a]ny pollutant that is subject to any
standard promulgated under section 111 of the Act''), without a general
requirement to include the condensable PM fraction emitted by a source.

III. Background

A. National Ambient Air Quality Standards (NAAQS) for Particulate
Matter (PM)

    Sections 108 and 109 of the CAA govern the establishment and
revision of the NAAQS. Section 108 directs the Administrator to
identify and list ``air pollutants'' that ``in his judgment, may
reasonably be anticipated to endanger public health and welfare'' and
whose ``presence * * * in the ambient air results from numerous or
diverse mobile or stationary sources'' and to issue air quality
criteria for those pollutants that are listed. Section 109 directs the
Administrator to propose and promulgate primary and secondary NAAQS for
pollutants listed under section 108 to protect public health and
welfare, respectively. Section 109 also requires review of the NAAQS at
5-year intervals.
    ``Particulate matter'' is a term used to define an air pollutant
that consists of a mixture of solid particles and liquid droplets found
in the ambient air. Particulate matter occurs in many sizes and shapes
and can be made up of hundreds of different chemicals. As explained
further in the discussion that follows, the EPA has regulated several
size ranges of particles, e.g., PM2.5, referred to as
indicators of particles \1\, which has required that test methods be
developed to capture the appropriate size particles that occur in the
ambient air or that are being emitted directly from a source. In some
cases, the EPA regulates certain species of particles as separate ``air
pollutants.'' For example, lead, beryllium, fluorides, and sulfuric
acid mist are constituents of particulate matter that are also
regulated separately under New Source Performance Standards (40 CFR
part 60) or National Emissions Standards for Hazardous Air Pollutants
(40 CFR parts 61, 63 or 65).
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    \1\ The ``indicator'' of a standard defines the chemical species
or mixture that is to be measured in determining whether an area (in
the case of an ambient standard) or a source (in the case of an in-
stack standard) attains that standard.
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    Particles as measured in the ambient air consist of both primary
and secondary particles. Primary particles are emitted directly from
sources, and may include gaseous emissions, which, when emitted from
the stack of a source, condense under ambient conditions to form
particles. Primary particles directly emitted by a source as a solid or
liquid at the stack and captured on the filter of a test train are
referred to as the ``filterable'' PM fraction. The gaseous emissions
that form particles upon condensing under ambient conditions following
release from the stack are referred to as ``condensable'' PM. Other
types of particles, known as secondary particles, are formed from
precursors of PM, e.g., SO2 and NOX, at a
distance from their point of release as a result of complex reactions
in the atmosphere.
    Initially, the EPA established NAAQS for PM on April 30, 1971,
under sections 108 and 109 of the Act. See 36 FR 8186. Compliance with
the original PM NAAQS was based on the measurement of particles in the
ambient air using an indicator of particles measuring up to a nominal
size of 25 to 45 micrometers ([mu]m) in the ambient air. The EPA used
the indicator name ``total suspended particulate'' or ``TSP'' to define
the particle size range that was being measured. Total suspended
particulate remained the indicator for the PM NAAQS until 1987 when the
EPA revised the NAAQS in part by replacing the TSP indicator for both
the primary and secondary standards with a new indicator that includes
only those particles with an aerodynamic diameter smaller than or equal
to a nominal 10 [mu]m (PM10).
    On July 18, 1997, the EPA made significant revisions to the PM
NAAQS in several respects. While the EPA determined that the PM NAAQS
should continue to focus on particles less than or equal to 10 [micro]m
in diameter, the EPA also determined that the fine and coarse fractions
of PM10 should be considered separately. Accordingly, on
July 18, 1997, the EPA added a new indicator for fine particles with a
nominal mean aerodynamic diameter less than or equal to 2.5 [mu]m
(PM2.5), and continued to use PM10 as the
indicator for purposes of regulating the coarse fraction of
PM10. See 62 FR 38652.
    In the next periodic review, the EPA concluded, on October 17,
2006, that it was necessary to revise the primary and secondary NAAQS
for PM to provide increased protection of public health and welfare.
See 71FR 61144. The EPA retained the two separate indicators--
PM10 and PM2.5--for determining compliance with
the revised standards for PM, so both continue to be regarded as
criteria pollutants.

B. Measuring and Reporting Emissions of Particulate Matter (PM)

    Section 110 of the Act requires that state and local air pollution
control agencies develop and submit plans, known as state
implementation plans or SIPs, for the EPA approval that provide for the
attainment, maintenance and enforcement of the NAAQS. An essential
component of each SIP is the emissions reduction strategy, including
emissions limitations and other control measures (as set forth in SIPs
and in individual source permits) designed to control the emissions of
pollutants that contribute to the air quality against which the NAAQS
are measured. For many years, most control measures for PM were
generally focused on primary PM--specifically, the filterable PM
fraction. Accordingly, the early EPA test methods for quantifying
amounts of PM emitted by sources generally were based on the collection
of the filterable PM fraction.
    In support of state obligations to develop emissions reduction
strategies, section 111 of the Act requires the EPA to adopt
technology-based standards of performance that focus on sources that
cause or contribute significantly to ``air pollution which may
reasonably be

anticipated to endanger public health and welfare.'' Such standards,
referred to as NSPS, are emissions standards that are intended to
reflect the degree of air pollution emission limitation attainable
through the application of the best system of emission reduction
(taking into account the cost of achieving such reduction and any non-
air quality health and energy requirements) that the Administrator
determines has been adequately demonstrated. Accordingly, the EPA
historically has developed NSPS (and corresponding compliance test
methods) under 40 CFR part 60 to provide emissions standards that
address, among other pollutants, the control of PM.
    When the EPA promulgated the first set of NSPS for PM in 1971, only
the filterable PM fraction was regulated. The EPA simultaneously
promulgated a test method, known as Method 5, as the NSPS compliance
test method for PM. Once available, Method 5 was often also used for
permitting purposes to quantify the in-stack PM emissions that
represented the particles in the atmosphere expressed in terms of the
ambient indicator, TSP--the original indicator for the PM NAAQS. Thus,
the filterable PM emissions collected by Method 5 or other similar
source test methods were sometimes referred to as ``TSP emissions,''
even though it was recognized that Method 5 actually collected
particles that exceeded the TSP size range (25-45 [mu]m), and did not
include the condensable PM fraction. Today, Method 5 continues to serve
as the performance testing procedure for most NSPS for PM.
    With the promulgation of the PM10 NAAQS in 1987, the
annual source emissions reporting of ``particulate matter emissions''
(required under 40 CFR 51.322 and 51.323) ended with the state
reporting of calendar year 1987 emissions, and the required reporting
of PM10 emissions began with state reporting of calendar
year 1988 emissions. In the absence of a standard reference test
method, states were instructed to choose an appropriate method of
determining PM10 emissions for each source. On April 17,
1990, the EPA promulgated Method 201A to provide the states with a
standard means of measuring filterable PM10 emissions
contained in the stack. Later in the same year, noting that condensable
PM emissions form very fine particles in the PM10 size range
and are considered PM10 emissions, the EPA proposed to add a
test method to provide states with a means of measuring condensable PM
emissions from stationary sources. See 55 FR 41546, October 12, 1990.
The test method for condensable PM emissions, known as Method 202, was
promulgated on December 17, 1991, in Appendix M of 40 CFR part 51. With
the new focus on the PM10 indicator, the EPA also began to
emphasize the relevance of condensable PM emissions,\2\ and encouraged
states to consider the condensable PM fraction where it was considered
to be a significant contributor to an area's PM10
nonattainment status. However, there were only a few nonattainment
areas where control of the condensable PM portion was actually required
in order to achieve attainment.
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    \2\ ``Condensable particulate matter is of potential importance
because it usually is quite fine and thus falls primarily within the
PM10 fraction.'' See, ``PM-10 SIP Development Guideline''
(June 1987) at p. 5-32.
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    Even before the EPA's introduction of the PM2.5
indicator for the PM NAAQS in 1997, the EPA published information on
PM2.5 emissions in its National Emission Inventory Database
(NEI).\3\ With the assistance of information gained through speciation
analyses of PM2.5, the EPA recognized that condensable PM
could be a substantial portion of the total PM2.5 emitted by
certain source categories. Beginning with the 1999 NEI, the EPA began
including the condensable PM fraction of the total PM2.5
emitted by certain source categories, and encouraged states to consider
the condensable PM fraction for the development of emissions
inventories for PM2.5 SIPs.\4\ The EPA also provided
condensable PM emission factors for various sources in AP-42 so that
those state and local air control agencies having the responsibility to
report emission inventories would have the tools needed to estimate and
report those emissions to the EPA.
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    \3\ The EPA's NEI contains information about sources that emit
criteria pollutants and their precursors, and hazardous pollutants.
The database includes estimates of annual air pollutant emissions
from point, nonpoint and mobile sources. The NEI currently contains
information on PM with regard to the criteria indicators
PM10 and PM2.5.
    \4\ ``Emissions Inventory Guidance for Implementation of Ozone
and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze,'' EPA-454/R-99-006 (April 1999).
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    In 2002, the EPA issued a rule known as the Consolidated Emissions
Reporting Rule (CERR), which, among other things, established
requirements for the reporting to the EPA of PM2.5
emissions. In conjunction with the new reporting requirements, the EPA
added definitions of ``primary PM,'' ``primary PM10,'' and
``primary PM2.5,'' all of which included both the filterable
and condensable PM fraction. See 67 FR 39602, June 10, 2002. The CERR
required states to report emissions of primary PM10 and
primary PM2.5, and listed as optional the reporting of
emissions of primary PM. However, when the EPA amended those rules in
2008, it dropped the definition ``primary PM'' and the listing of
``primary PM'' as an optional pollutant, eliminating the requirement
for reporting ``PM'' (as opposed to PM10 and
PM2.5). See 73 FR 76539, December 17, 2008.
    In November 2005, the EPA proposed requirements that states must
fulfill in developing their implementation plans for the attainment of
PM2.5 NAAQS. See 70 FR 65984, November 1, 2005. With the
historical emphasis on controlling the filterable PM fraction--even
when the shift occurred to control PM10 emissions--it became
apparent that in many cases it could be necessary to take a closer look
at the control of the condensable PM fraction in order to attain the
PM2.5 NAAQS in some areas.\5\ The preamble highlighted the
importance in certain cases of controlling the condensable PM fraction
to help ensure the attainment of the new NAAQS. It was acknowledged at
that time that most stationary source test methods specified in state
rules did not provide for the measurement of condensable PM emissions.
Instead, it was found that most source test methods referenced in SIPs
provided a measurement of only the filterable fraction of PM. The EPA
further noted that ``these filterable particulate matter test methods
are either identical or very similar to one of the ten Federal test
methods published in Appendix A of 40 CFR Part 60 and used to determine
compliance with New Source Performance Standards (NSPS).'' Id at 66049.
The EPA indicated that states needing to adopt local control measures
for primary PM2.5 in nonattainment areas would need to
revise their stationary source test methods to focus on the
PM2.5 indicator, including the condensable PM fraction.\6\
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    \5\ ``The inclusion of condensable emissions in a source's
PM2.5 emissions is of increasing importance with the
change in the indicator for particulate matter to PM2.5.
Condensible emissions are essentially fine particles, and thus are a
larger fraction of PM2.5 than of TSP or
PM10.'' 70 FR 65984 (November 1, 2005) at p. 66039.
    \6\ The EPA did indicate that ``test methodologies that measure
only filterable particulate matter would be acceptable in areas
where no additional reductions of primary PM2.5 and
particulate precursor emissions are required to project attainment
of the PM2.5 NAAQS.'' Id at 66049.
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    On March 25, 2009, the EPA proposed to modify existing Method 201A
to allow for measurement of filterable PM2.5. In fact, the
proposed modification offered the ability to measure filterable
PM10, filterable PM2.5, or both filterable
PM10 and filterable PM2.5 from

stationary sources. At the same time, the EPA proposed amendments to
Method 202 to improve the precision of the method for measuring
condensable PM and to provide for more accurate overall quantification
of primary emissions of PM10 and PM2.5 to the
ambient air. Method 202 contained several optional procedures that were
intended to accommodate the various test methods used by state and
local regulatory entities at the time Method 202 was being developed.
The inclusion of the optional procedures in 1991 ultimately proved
problematic in that each of them resulted in a different emissions
value. To address this issue, the EPA explored the influence of the
optional procedures to identify the ones that would result in a biased
measurement. In December 2010, the EPA promulgated an improved Method
202 eliminating options that would produce different measures of
emissions.

C. New Source Review Program for PM

    The NSR program is a statutorily based preconstruction permitting
program that applies when a stationary source of air pollution proposes
to construct or undergo modification. The NSR program consists of three
different preconstruction permit programs: (1) PSD; (2) nonattainment
NSR; and (3) minor NSR. We often refer to the PSD and nonattainment NSR
programs together as the major NSR program because those permit
programs regulate the construction of new major stationary sources and
major modifications to existing major stationary sources.
    The nonattainment NSR program applies in advance of construction to
new major stationary sources and major modifications of sources of a
pollutant that locate in an area that is designated ``nonattainment''
for that pollutant. As such, the nonattainment NSR program applies only
with respect to criteria pollutants, i.e., pollutants (or indicators
thereof) for which EPA has promulgated NAAQS. On the other hand, the
PSD program is a statutorily based preconstruction review and
permitting program that applies to new or modified major stationary
sources proposing to locate in an area meeting the NAAQS
(``attainment'' areas) and areas for which there is insufficient
information to classify them as either attainment or nonattainment
(``unclassifiable'' areas).
    Like the nonattainment NSR program, the applicability of the PSD
program to a major stationary source or major modification must be
determined in advance of construction and is pollutant-specific.
However, unlike the nonattainment NSR program, the PSD requirements are
applied on a pollutant-specific basis for any ``air pollutant'' that is
``subject to regulation'' under the Act. Thus, the PSD program is not
restricted to criteria pollutants.\7\ Once a major source is determined
to be subject to the PSD program (PSD source) for a particular air
pollutant, among other requirements, it must undertake a series of
analyses to demonstrate that it will use the best available control
technology (BACT) to minimize the emissions of each affected pollutant,
and that the emissions of each pollutant will not cause or contribute
to a violation of any applicable NAAQS or any applicable maximum
allowable increase in a pollutant concentration (PSD increment).
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    \7\ ``Particulate matter emissions'' are regulated under the PSD
program as a regulated NSR pollutant, but not under the
nonattainment NSR program because nonattainment designations apply
only with regard to criteria pollutants (pollutants for which NAAQS
exist, e.g., PM10 and PM2.5) and ``particulate
matter emissions'' are not considered a criteria pollutant.
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    Consistent with the original NAAQS and PSD increments for PM, the
PSD program established pollutant applicability requirements for PM on
the basis of the TSP indicator. Accordingly, the PSD regulations
defined a ``significant'' increase in emissions of PM as 25 tons per
year (tpy). When the EPA revised the PM NAAQS in 1987, establishing a
new PM10 indicator, two indicators for particles were
recognized as being regulated under the Act because the statutory PSD
increments for PM were still expressed in terms of TSP. The addition of
the new PM10 indicator also necessitated a distinction
between those emissions of PM that should be used to determine a
source's compliance with the new PM10 NAAQS and those
emissions of PM that should be used to determine a source's compliance
with the existing TSP-based increments. Hence, in 1987, the EPA adopted
the term ``particulate matter emissions'' to help clarify the
distinction between the original TSP indicator for the NAAQS and the
new PM10 indicator. See 52 FR 24672, July 1, 1987.
Accordingly, the original significant emissions rate of 25 tpy was
retained and applied to the newly-defined term ``particulate matter
emissions'' (associated with the ambient TSP indicator), and
simultaneously a significant emissions rate of 15 tpy was defined in
association with the term ``PM10 emissions.'' See 40 CFR
51.166(b)(23)(i) and 52.21(b)(23)(i).
    In 1993, under authorization contained in the CAA Amendments of
1990, EPA adopted increments for PM that were expressed in terms of
ambient concentrations of PM10, and substituted those
increments for the original statutory increments for PM based on the
TSP indicator. See 58 FR 31622, June 3, 1993. As a result, both the
NAAQS for PM and the PSD increments for PM were henceforth measured by
the PM10 indicator and, once states revised their SIPs to
incorporate the new PM10 NAAQS and PM10
increments, the TSP indicator was no longer considered a regulated
indicator of particles. However, because the NSPS for PM commonly
measured performance standard compliance based on emissions of PM using
the indicator that was roughly associated with the original ambient TSP
indicator, the EPA stated in the preamble to the 1993 final rule
promulgating new PSD increments based on PM10 that the
agency would continue to regulate ``particulate matter emissions'' (25
tpy significant emissions rate) separately from ``PM10
emissions'' (15 tpy significant emissions rate) for purposes of PSD
applicability determinations. Id at 31629.
    Finally, in a final rule issued on May 16, 2008, titled,
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5)'' (73 FR 28321),
the EPA identified the major source threshold and significant emissions
rate for PM2.5 to reflect the indicator for the PM NAAQS
that were issued in 1997. See 40 CFR 51.166(b)(23)(i) and
52.21(b)(23)(i). Hence, three separate indicators for emissions of PM
are currently being regulated under the PSD program. Those indicators
include PM10 and PM2.5, both of which are
indicators reflecting the way the NAAQS for PM are currently measured,
and ``particulate matter emissions,'' which is a term that signifies
the indicator of PM that is measured under various NSPS for PM (40 CFR
part 60).\8\ All three of the indicators for PM are considered
separately as regulated NSR pollutants subject to review under the PSD
program, which means that proposed new and modified sources must treat
each indicator of PM as a separate pollutant for applicability
determinations, and must then apply the PSD requirements, as
appropriate, independently for each indicator of PM.
---------------------------------------------------------------------------

    \8\ In addition to the NSPS for PM, it is noted that states
regulated ``particulate matter emissions'' for many years in their
SIPs for PM, and the same indicator has been used as a surrogate for
determining compliance with certain standards contained in 40 CFR
part 63, regarding National Emission Standards for Hazardous Air
Pollutants.
---------------------------------------------------------------------------

    The 2008 final rule also added a provision to the definition
``regulated NSR pollutant'' in the PSD regulations and the Emission
Offset Interpretative Ruling that requires the inclusion of the

condensable fraction of PM for all three indicators of PM. Accordingly,
the determination of the potential emissions (for permit applicability
determinations), and the setting of emissions limitations and in-stack
pollutant measurements (for source compliance purposes) would involve
the inclusion of the condensable fraction of PM for each of the three
PM indicators.
    For reasons to be explained, this proposed rulemaking would remove
``particulate matter emissions'' from that provision defining
``regulated NSR pollutant'' in the aforementioned regulations, so that
the relevant provision would require the inclusion of the condensable
fraction of PM only with regard to emissions of PM10 and
PM2.5.

IV. Why is EPA proposing to change the definition ``regulated NSR
pollutant'' with regard to PM?

    When we proposed to amend the PSD rules to address new requirements
for PM2.5 in 2005, we proposed to revise the definition
``regulated NSR pollutant'' to add PM2.5 as a regulated
criteria pollutant and to require that, for purposes of determining PSD
applicability and setting emissions limitations for a particular
proposed source or modification, emissions of PM10 and
PM2.5 included the condensable portion of particulate matter
that could be emitted by the source or modification. Specifically, the
proposed regulatory text provided that ``Particulate matter
(PM10 and PM2.5) emissions include gaseous
emissions from a source or activity which condense to form particulate
matter at ambient temperatures.'' See, e.g., 70 FR 65984 at 66067. In
that text, we had not intended to include the PM indicator referred to
as ``particulate matter emissions''; instead, we intended the proposed
text as a ``shorthand'' terminology encompassing both ``PM10
emissions'' and ``PM2.5 emissions.'' Moreover, we did not
receive any comments suggesting that the ``PM emissions'' indicator
should be included in the provision requiring the inclusion of
condensable PM. Nevertheless, in the final stages of preparing the 2008
final rule, the proposed text ``Particulate matter (PM10 and
PM2.5) emissions,'' was revised to read ``Particulate matter
(PM) emissions, PM10 emissions and PM2.5
emissions.'' Thus, the inadvertent editorial change made in the final
rule added ``Particulate matter (PM) emissions'' as a third indicator
for PM to the sentence for which the PSD regulations would require that
condensable PM be included.
    The preamble discussion in both the NPRM and the final rulemaking,
designed to describe the new provision under the definition ``regulated
NSR pollutant,'' supports the position that our objective was to ensure
that the condensable PM fraction was included in measurements of
emissions of PM10 and PM2.5. For example, the
preamble to the NPRM stated the following: ``The EPA has issued
guidance clarifying that PM10 includes condensable particles
and that, where condensable particles are expected to be significant,
States should use methods that measure condensible emissions.'' 70 FR
65984 at 66039 (citing a March 31, 1994, EPA memo to the Iowa
Department of Natural Resources). With regard to PM2.5, we
stated ``[c]ondensible emissions are essentially fine particles, and
thus are a larger fraction of PM2.5 emissions than of TSP or
PM10 emissions.'' Ibid. In the 2008 final rule, we clearly
stated in the preamble that ``EPA will require that all NSR
applicability determinations for PM2.5 and PM10
address condensable emissions as applicable * * *.'' 73 FR 28321 at
28335.
    We also note that the 2008 final rule added the term ``particulate
matter (PM) emissions'' to the definition ``regulated NSR pollutant''
at 40 CFR part 51 Appendix S (the EPA's ``Emission Offset
Interpretative Ruling''). This was clearly a mistake because that rule
pertains to new source review in nonattainment areas (and to sources
locating outside nonattainment areas that impact air quality in a
nonattainment area). That being the case, Appendix S is not intended to
address noncriteria pollutants, since nonattainment areas apply only to
criteria pollutants. To further illustrate this point, the definition
``regulated NSR pollutant'' under the nonattainment area NSR
requirements at 40 CFR 51.165 does not include the term ``particulate
matter emissions.'' We have already explained that ``particulate matter
emissions'' refers to the noncriteria indicator for PM subject to
regulation under various NSPS. Accordingly, EPA is also proposing to
revise the definition ``regulated NSR pollutant'' under Appendix S to
remove the term ``particulate matter emissions.'' See proposed 40 CFR
part 51 Appendix S, Section III.A.31(ii).
    It is important to note that the proposed change would not totally
exempt the inclusion of the condensable PM fraction as part of
``particulate matter emissions.'' The proposed revision accounts for
the fact that, in some cases, the condensable PM fraction should be
counted. The first case is where the applicable NSPS requires that the
condensable PM fraction be included in the determination of compliance
with the performance standard for PM.\9\ The second case is where the
applicable SIP already requires that the condensable PM fraction be
included in the measurement of PM. Finally, in the case of any source
emitting a pollutant that is regulated under section 111 of the Act,
but is not itself subject to an NSPS, the reviewing authority may
determine the applicable test method to be used to determine that
source's compliance.
---------------------------------------------------------------------------

    \9\ In developing the NSPS for Wool Fiberglass Insulation
Manufacturing facilities (Subpart PPP), the EPA determined that the
control device could effectively reduce both the solid particles and
the condensable PM, and promulgated the PM standard based on the
measurement of both filterable solid particles and condensable PM.
In addition, the agency established a variant of Method 5, referred
to as Method 5e, to measure the filterable PM and the total organic
carbon portion of the impinger catch. See 50 FR 7694, February 25,
1985.
---------------------------------------------------------------------------

    Thus, we are also proposing to clarify the text contained in the
definition ``regulated NSR pollutant'' to indicate that for pollutants
regulated under section 111 of the Act, which includes ``particulate
matter emissions,'' the applicability of the PSD requirements to that
pollutant should be determined in a manner consistent with the test
method prescribed for that particular NSPS or applicable SIP. See
proposed 40 CFR 51.166(b)(49)(ii) and 52.21(b)(50)(ii). In cases where
the proposed source or modification of PM is not regulated by any NSPS,
but is nevertheless required to consider its potential to emit that
pollutant, we intend to require under the federal PSD requirements at
40 CFR 52.21 that the applicable measurement will be determined by the
Administrator. In the case of ``particulate matter emissions,'' we
generally intend to rely on the common practice of the NSPS to require
that the applicable measure should be the filterable PM only, based on
a compliance test method appropriate for such source, e.g., Method 5.
Under the PSD regulations at 40 CFR 51.166, we propose that states, as
the reviewing authority, may establish their own policy for applying
the PSD requirements for ``particulate matter emissions'' to sources
for which the NSPS does not apply.
    The primary objective of our decision to propose this revision is
to ensure to the extent practicable that we are not unnecessarily
imposing a new requirement on state/local agencies and the regulated
community that has little if any effect on preventing significant air

quality deterioration or on efforts to attain the primary and secondary
PM NAAQS. That is, we do not intend to require the inclusion of
condensable PM in measurements of ``particulate matter emissions''
where that has not been a common practice in state and local control
agencies and there are no ambient standards against which ''particulate
matter emissions'' are to be compared. Proposed new or modified
stationary sources of PM typically will be subjected to the PSD
requirements on the basis of their potential to emit PM10 or
PM2.5 emissions and will be required to install controls for
their emissions of PM10 and/or PM2.5, both of
which must consider the condensable fraction. We also recognize that in
some cases, some states have chosen to regulate the condensable PM when
determining the amount of a source's ``particulate matter emissions.''
As already explained, the proposed revision would allow states to
continue that practice by providing the necessary discretion to the
reviewing authority, but we do not intend to impose such a new PSD
requirement where it is not otherwise being practiced by the states
already.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory 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 Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

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 proposal only removes the
requirement to include condensable PM when quantifying ``PM emissions''
from proposed new major stationary sources and major modifications
subject to the PSD program. The proposed change would eliminate a
requirement that was not intended.

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 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 proposed rule on
small entities, which proposes only to remove an unintended requirement
to include condensable PM when quantifying ``particulate matter
emissions'' from proposed new major stationary sources and major
modifications, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities
because small entities are not subject to the requirements of this
rule.
    We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.

D. Unfunded Mandates Reform Act

    This proposed action contains no federal mandates under the
provisions of Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), 2 U.S.C. 1531-1538 for state, local, or tribal governments or
the private sector. The action would not impose any enforceable duty on
any state, local or tribal governments or the private sector. This
action proposes only to remove an unintended requirement to include
condensable PM when quantifying ``particulate matter emissions'' from
proposed new major stationary sources and major modifications. Thus,
this action is not subject to the requirements of sections 202 or 205
of UMRA.
    This proposed rule is also not subject to the requirements of
section 203 of UMRA because it does not propose any regulatory
requirements that might significantly or uniquely affect small
governments. This action proposes only to remove an unintended
requirement to include condensable PM when quantifying ``particulate
matter emissions'' from proposed new major stationary sources and major
modifications.

E. Executive Order 13132--Federalism

    This proposed 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 Executive Order 13132. The proposed rule proposes only
to remove the unintended requirement to include condensable PM when
quantifying ``particulate matter emissions'' from proposed new major
stationary sources and major modification. The requirement was
inadvertently included in the 2008 final rule for Implementation of the
PM2.5 NSR Program. Thus, Executive Order 13132 does not
apply to this rule. Nevertheless, in the spirit of Executive Order
13132, and consistent with EPA policy to promote communications between
EPA and state and local governments, EPA plans to specifically solicit
comment on the proposed rule from state and local officials.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed
rule proposes only to remove the requirement to include condensable PM
when quantifying ``PM emissions'' from proposed new major stationary
sources and major modification. The requirement was inadvertently
included in the 2008 final rule for Implementation of the
PM2.5 NSR Program.
    The Act provides for states to develop plans to regulate emissions
of air pollutants within their jurisdictions. The Tribal Air Rule (TAR)
under the Act gives tribes the opportunity to develop and implement Act
programs to attain and maintain the PM2.5 NAAQS, but leaves
to the discretion of the tribes the decision of whether to develop
these programs and which programs, or appropriate elements of a
program, they will adopt. Thus, Executive Order 13175 does not apply to
this action.

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

    This proposed action is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997) because it is not economically significant as
defined in Executive Order 12866, and because the

Agency does not believe the environmental health or safety risks
addressed by this action to eliminate an unintended requirement present
a disproportionate risk to children. The removal of this requirement
would not affect one of the basic requirements of the PSD program that
new and modified major sources must demonstrate that any new emissions
do not cause or contribute to air quality in violation of the NAAQS.

H. Executive Order 13211--Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.

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. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this proposed rule to remove an
unintended requirement will not have adverse human health or
environmental effects on minority or low-income populations because it
does not appreciably affect the level of protection provided to human
health or the environment.

VI. Statutory Authority

    The statutory authority for this proposed action is provided by
sections 101, 160, 163, 165, 166, 301, and 307(d) of the Act as amended
(42 U.S.C. 7401, 7470, 7473, 7475, 7476, 7601, and 7607(d)).

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practices and procedures,
Air pollution control, Intergovernmental relations.

40 CFR Part 52

    Environmental protection, Administrative practices and procedures,
Air pollution control, Intergovernmental relations.

    Dated: March 12, 2012.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 51--[AMENDED]

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

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

Subpart I--[Amended]

    2. Section 51.166 is amended by revising paragraphs (b)(49)(i) and
(ii) and removing (b)(vi) to read as follows:

Sec.  51.166  Prevention of significant deterioration of air quality.

* * * * *
    (b) * * *
    (49) * * *
    (i) Any pollutant for which a national ambient air quality standard
has been promulgated;
    (a) PM2.5 emissions and PM10 emissions shall
include gaseous emissions from a source or activity which condense to
form particulate matter at ambient temperatures. On or after January 1,
2011, such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations
for PM2.5 and PM10 in PSD permits. Compliance
with emissions limitations for PM2.5 and PM10
issued prior to this date shall not be based on condensable particular
matter unless required by the terms and conditions of the permit or the
applicable implementation plan. Applicability determinations made prior
to this date without accounting for condensable particular matter shall
not be considered in violation of this section unless the applicable
implementation plan required condensable particular matter to be
included;
    (b) Any pollutant identified under this paragraph (b)(49)(i)(b) as
a constituent or precursor to such pollutant. Precursors identified by
the Administrator for purposes of NSR are the following:
    (1) Volatile organic compounds and nitrogen oxides are precursors
to ozone in all attainment and unclassifiable areas.
    (2) Sulfur dioxide is a precursor to PM2.5 in all
attainment and unclassifiable areas.
    (3) Nitrogen oxides are presumed to be precursors to
PM2.5 in all attainment and unclassifiable areas, unless the
State demonstrates to the Administrator's satisfaction or EPA
demonstrates that emissions of nitrogen oxides from sources in a
specific area are not a significant contributor to that area's ambient
PM2.5 concentrations.
    (4) Volatile organic compounds are presumed not to be precursors to
PM2.5 in any attainment or unclassifiable area, unless the
State demonstrates to the Administrator's satisfaction or EPA
demonstrates that emissions of volatile organic compounds from sources
in a specific area are a significant contributor to that area's ambient
PM2.5 concentrations.
    (ii) Any pollutant that is subject to any standard promulgated
under section 111 of the Act, as required to be measured by the
applicable performance standard for that pollutant. For sources not
currently regulated by an applicable NSPS, measurement of such
pollutant shall be determined by the reviewing authority;
* * * * *
    3. Appendix S to Part 51 is amended revising paragraph II.A.31(ii)
and by removing paragraphs II.A.31(iii) and (iv) to read as follows:

and

Appendix S to Part 51--Emission Offset Interpretative Ruling

* * * * *
    II. * * *
    A. * * *
    31. * * *
    (i) * * *
    (ii) Any pollutant for which a national ambient air quality
standard has been promulgated;

    (1) PM2.5 emissions and PM10 emissions
shall include gaseous emissions from a source or activity, which
condense to form particulate matter at ambient temperatures. On or
after January 1, 2011, such condensable particulate matter shall be
accounted for in applicability determinations and in establishing
emissions limitations for PM2.5 and PM10 in
permits issued under this ruling. Compliance with emissions
limitations for PM2.5 and PM10 issued prior to
this date shall not be based on condensable particulate matter
unless required by the terms and conditions of the permit or the
applicable implementation plan. Applicability determinations made
prior to this date without accounting for condensable particulate
matter shall not be considered in violation of this section unless
the applicable implementation plan required condensable particulate
matter to be included.
    (2) Any pollutant that is identified under this paragraph
II.A.31(ii)(2) as a constituent or precursor of a general pollutant
listed under paragraph II.A.31(i) or (ii) of this Ruling, provided
that such constituent or precursor pollutant may only be regulated
under NSR as part of regulation of the general pollutant. Precursors
identified by the Administrator for purposes of NSR are the
following:
    (a) Volatile organic compounds and nitrogen oxides are
precursors to ozone in all ozone nonattainment areas.
    (b) Sulfur dioxide is a precursor to PM2.5 in all
PM2.5 nonattainment areas.
* * * * *

PART 52--[Amended]

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

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

Subpart A--[Amended]

    5. Section 52.21 is amended by revising paragraphs (b)(50)(i) and
(ii) and removing paragraph (b)(50)(vi) to read as follows:

and

Sec.  52.21  Prevention of significant deterioration of air quality.

* * * * *
    (b) * * *
    (50) * * *
    (i) Any pollutant for which a national ambient air quality standard
has been promulgated;
    (a) PM2.5 emissions and PM10 emissions shall
include gaseous emissions from a source or activity, which condense to
form particulate matter at ambient temperatures. On or after January 1,
such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations
for PM2.5 and PM10 in PSD permits. Compliance
with emissions limitations for PM2.5 and PM10
issued prior to this date shall not be based on condensable particular
matter unless required by the terms and conditions of the permit or the
applicable implementation plan. Applicability determinations made prior
to this date without accounting for condensable particular matter shall
not be considered in violation of this section unless the applicable
implementation plan required condensable particular matter to be
included.
    (b) Any pollutant identified under this paragraph (b)(50)(i)(b) as
a constituent or precursor for such pollutant. Precursors identified by
the Administrator for purposes of NSR are the following:
    (1) Volatile organic compounds and nitrogen oxides are precursors
to ozone in all attainment and unclassifiable areas.
    (2) Sulfur dioxide is a precursor to PM2.5 in all
attainment and unclassifiable areas.
    (3) Nitrogen oxides are presumed to be precursors to
PM2.5 in all attainment and unclassifiable areas, unless the
State demonstrates to the Administrator's satisfaction or EPA
demonstrates that emissions of nitrogen oxides from sources in a
specific area are not a significant contributor to that area's ambient
PM2.5 concentrations.
    (4) Volatile organic compounds are presumed not to be precursors to
PM2.5 in any attainment or unclassifiable area, unless the
State demonstrates to the Administrator's satisfaction or EPA
demonstrates that emissions of volatile organic compounds from sources
in a specific area are a significant contributor to that area's ambient
PM2.5 concentrations.
    (ii) Any pollutant that is subject to any standard promulgated
under section 111 of the Act, as required to be measured by the
applicable performance standard for that pollutant. For sources not
currently regulated by an applicable NSPS, measurement of such
pollutant shall be determined by the Administrator;
* * * * *
[FR Doc. 2012-6429 Filed 3-15-12; 8:45 am]
BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 13, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 1999-6374

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AERO REY, S.A. de C.V.
                                   Date Filed:  February 24, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger charter operations between
Mexico and the United States, and other passenger charter operations in
accordance with 14 CFR Part 212, using small equipment.

If renewal, date and citation of last action:  February 21, 2002, in
this Docket.

Applicant representative:  Eugene E. Smith,<PHONE_NUMBER>           DOT
analyst:  Allen Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved
                                               Action date:  March 13,
2003

Effective dates of authority granted:  March 13, 2003, through March 13,
2004

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement of August 15, 1960, as
amended and extended (Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

     X  Standard exemption conditions.

Special conditions/Partial grant/Denial basis/Remarks:  In the conduct
of these operations, the carrier must adhere to all applicable
provisions of the U.S.-Mexico Agreement.  In the conduct of these
operations, the carrier may only use aircraft capable of carrying no
more than 60 passengers and having a maximum payload capacity of no more
than 18,000 pounds (small equipment).  The above grant includes
authority to conduct Third and Fourth Freedom charter operations.  While
we have subjected, consistent with the provisions of the Agreement,
Mexican carriers conducting charter operations with large aircraft to
prior approval or submission of notice for their Third and Fourth
Freedom charters, we determined that any such requirement was not
necessary on public interest grounds in this case, since the carrier
will be conducting these operations solely with small aircraft.  (Other
charter operations to/from the United States under this authority,
however, are subject to prior approval under 14 CFR Part 212.)  Further,
we are continuing to allow Mexican carriers conducting passenger
charters using small equipment to make stopovers in the United States in
the conduct of such operations.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Page 38704]
[FR Doc No: 2013-15405]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-493-000]

Mississippi Hub, LLC; Notice of Application

    Take notice that on June 10, 2013, Mississippi Hub, LLC (MS Hub)
filed an application pursuant to Section 7 of the Natural Gas Act (NGA)
and Parts 157 and 380 of the Commission's regulations, requesting
authorization to increase the capacity of Cavern 3 located at MS Hub
Storage Terminal in Simpson County, Mississippi. This filing may also
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, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    MS Hub proposed to increase the previously authorized working gas
capacity from 7.50 Bcf to 9.20 Bcf and the base gas capacity from 3.55
Bcf to 4.22 Bcf of Cavern 3. MS Hub has finished drilling the injection
and withdrawal wells for Cavern 3 and is presently leaching the
underground salt formation. The proposed increase in capacity will
entail continued leaching of Cavern 3 to reach the proposed new
capacity levels. The activity will be completed using the existing
leaching facilities and no new or additional construction or operating
equipment will be required. Also, the proposed increase in capacity
will not result in any changes to the currently authorized injection
and withdrawal rates of Cavern 3. Mississippi Hub states that with the
previously authorized expansion of the storage facilities and the
proposed increase in capacity of Cavern 3 will enable its customers to
quickly inject and withdraw gas to meet the dynamic commercial
requirements at minimal cost.
    Any questions regarding this application should be directed to
William D. Rapp, Director, FERC & Compliance; Mississippi Hub, LLC, 101
Ash Street, San Diego, CA 92101; by telephone at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    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.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters 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 commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters 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.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: 5:00 p.m. Eastern Time on July 12, 2013

    Dated: June 21, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-15405 Filed 6-26-13; 8:45 am]
BILLING CODE 6717-01-P