
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]               
[Page 65692-65696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de09-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2004-0014: FRL-9089-4]
RIN 2060-AP73

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule; Stay.

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SUMMARY: EPA is making an interim final determination to provide an 
additional stay of the regulations concerning the inclusion of fugitive 
emissions.

DATES: The amendments to 40 CFR parts 51 and 52 in this rule are 
effective from December 31, 2009 through March 31, 2010. Effective 
December 31, 2009, the following CFR sections are administratively 
stayed until March 31, 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); 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: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2004-0014. All documents in the docket are listed in the 
Federal Docket Management System index at http://www.regulations.gov. 
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 Air and Radiation Docket, 
EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Wheeler, Air Quality Policy 
Division, (C504-03), U.S. Environmental Protection Agency, Research 
Triangle Park, NC 27711; telephone number (919) 541-9771; fax number 
(919) 541-5509; or e-mail address: wheeler.carrie@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated entities. 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          289..............  325520, 325920,
 Products.                                          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        111, 112, 113,     11.
 Hunting.                        115.
------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Industry Classification System.

    Entities potentially affected by this action also include state, 
local, and tribal governments.
    World Wide Web. In addition to being available in the docket, an 
electronic copy of this final rule will also be available on the World 
Wide Web. Following signature by the EPA Administrator, a copy of this 
final rule will be posted in the regulations and standards section of 
our New Source Review (NSR) home page located at http://www.epa.gov/
nsr.
    Organization of this Document. The following outline is provided to 
aid in locating information in this preamble.

I. Background Information
II. What Action Is EPA Taking?
III. Statutory and Executive Order Reviews
    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

[[Page 65693]]

Minority Populations and Low-Income Populations
    K. Congressional Review Act
IV. Statutory Authority

I. Background Information

    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 Clean Air Act (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 Prevention of Significant Deterioration (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
---------------------------------------------------------------------------

    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.

II. What Action Is EPA Taking?

    We are making an interim final determination to provide an 
additional stay for 3 months. The 3-month stay that began on September 
30, 2009 expires on December 30, 2009. At that time, facilities will be 
required to comply with the final rule as published [73 FR 77882] 
unless an additional stay is set in place. EPA intends to publish a 
notice in the near future that will propose an additional stay of the 
Fugitive Emissions during the time period while EPA reconsiders the 
rule. Since that proposed rule has not yet published, any resulting 
final action that EPA takes will likely occur after December 30, 2009. 
EPA is invoking the good cause exception under the Administrative 
Procedure Act (APA) in not providing an opportunity to comment before 
this action takes effect (5 U.S.C. 553(b)(3)).
    EPA believes that notice-and-comment rulemaking before the 
effective date of this action is impracticable and contrary to the 
public interest. EPA has stated in the reconsideration and stay notices 
(74 FR 188) the reason for granting the 3-month stay. As this reason 
remains valid, we believe it is still appropriate for a stay to be in 
effect until we have reached a final decision on the reconsideration. 
The initial stay expires on December 30, 2009, and EPA does not believe 
it can complete notice and comment rulemaking to provide an additional 
stay before that date. It is not in the public's best interest to 
require compliance with the rules as published during the gap between 
the two dates. Therefore, EPA believes that it is necessary to use the 
interim final rulemaking process to provide an additional stay while 
the public has an opportunity to comment on the upcoming proposed 
action. EPA anticipates completing that action by March 31, 2010.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), 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 provides an 
additional stay of the regulations at 40 CFR parts 51 and 52 concerning 
the inclusion of fugitive emissions.
    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. The OMB control numbers for EPA's regulations in 40 CFR are 
listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    This interim final rule is not subject to the Regulatory 
Flexibility Act (RFA), which generally requires an agency to prepare a 
regulatory flexibility analysis for any rule that will have a 
significant economic impact on a substantial number of small entities. 
The RFA applies only to rules subject to notice and comment rulemaking 
requirements under the APA or any other statute. This rule is not 
subject to notice and comment requirements under the APA or any other 
statute because, although the rule is subject to the APA, the Agency 
has invoked the ``good cause'' exemption under 5 U.S.C. 553(b); 
therefore, it is not subject to the notice and comment requirement.

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. This action only provides for 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 UMRA.
    This action 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. This action only 
provides an additional stay of the regulations at 40 CFR parts 51 and 
52 concerning the inclusion of fugitive emissions and does not impose 
any additional enforceable duty.

E. Executive Order 13132: Federalism

    This action 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 provides an additional stay of 
the regulations at 40 CFR parts 51 and 52 concerning the inclusion of 
fugitive emissions. Thus, EO 13132 does not apply to this rule.

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

[[Page 65694]]

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 Executive Order 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 Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because this action only 
provides 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 energy action'' as defined in 
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. This action only provides an additional 
stay of the regulations at 40 CFR parts 51 and 52 concerning the 
inclusion of fugitive emissions.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 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 action does not involve technical standards. Therefore, EPA is 
not considering 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.
    EPA has determined that this action will not have a 
disproportionately high and adverse human health or environmental 
effects on minority or low income populations because it only provides 
an additional stay of the regulations at 40 CFR parts 51 and 52 
concerning the inclusion of fugitive emissions.

K. 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary, or contrary to the public interest. This 
determination must be supported by a brief statement, 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefore, and established an effective date of December 
31, 2009. EPA will submit a report containing this rule and other 
required information to the United States Senate, the United States 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

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)).

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: November 30, 2009.
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]

0
2. Effective December 31, 2009, 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 March 31, 2010.

0
3. Effective December 31, 2009 through March 31, 2010, 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;

[[Page 65695]]

    (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 December 31, 2009, 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 December 31, 2009 through March 31, 2010, 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 December 31, 2009, 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 March 31, 2010.

0
7. Effective December 31, 2009 through March 31, 2010, 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 December 31, 2009, 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 March 31, 2010.

0
10. Effective December 31, 2009 through March 31, 2010, 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) * * *

[[Page 65696]]

    (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. E9-29068 Filed 12-10-09; 8:45 am]

BILLING CODE 6560-50-P
