6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51 and 52

[EPA-HQ-OAR-2004-0014: FRL-       ]

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.

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

DATES:  This interim final determination is effective on December 31,
2009, and will expire on March 31, 2010. 

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   HYPERLINK
"http://www.regulations.gov"  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   HYPERLINK
"http://www.regulations.gov"  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:   HYPERLINK
"mailto:wheeler.carrie@epa.gov"  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	

SICa	

NAICSb



Electric Services	

491	

221111, 221112, 221113, 221119, 221121, 221122



Petroleum Refining	

291	

324110



Industrial Inorganic Chemicals	

281	

325181, 325120, 325131, 325182, 211112, 325998, 331311, 325188



Industrial Organic Chemicals	

286	

325110, 325132, 325192, 325188, 325193, 325120, 325199



Miscellaneous Chemical Products	

289	

325520, 325920, 325910, 325182, 325510



Natural Gas Liquids	

132	

211112



Natural Gas Transport	

492	

486210, 221210



Pulp and Paper Mills	

261	

322110, 322121, 322122, 322130



Paper Mills	

262	

322121, 322122



Automobile Manufacturing	

371	

336111, 336112, 336211, 336992, 336322, 336312, 336330, 336340, 336350,
336399, 336212, 336213



Pharmaceuticals	

283	

325411, 325412, 325413, 325414

Mining	211, 212, 213	21

Agriculture, Fishing and Hunting	111, 112, 113,  115	11

	a	Standard Industrial Classification

b	North American Industry Classification System.

Entities potentially affected by 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   HYPERLINK
"http://www.epa.gov/nsr"  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 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).  

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.   

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   SEQ CHAPTER \h \r 1 (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
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)).  

Page 13 of 23 - Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Inclusion of Fugitive Emissions;
Proposal to Extend Administrative Stay 

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, Intergovernmental relation, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Transportation, Volatile Organic compounds.

_______________________________

Dated:

_______________________________

Lisa P. Jackson,

Administrator.

For the reasons discussed in the preamble, the EPA amends 40 CFR parts
51 and 52 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.

§ 51.165 [Amended]

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.

3. Effective December 31, 2009 through March 31, 2010, amend 40 CFR
51.165 to add paragraph (a)(4) to read as follows:

§ 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:

Coal cleaning plants (with thermal dryers);

    (ii) Kraft pulp mills;

    (iii) Portland cement plants;

    (iv) Primary zinc smelters;

    (v) Iron and steel mills;

    (vi) Primary aluminum ore reduction plants;

    (vii) Primary copper smelters;

    (viii) Municipal incinerators capable of charging more than 250 tons
of refuse per day;

    (ix) Hydrofluoric, sulfuric, or citric acid plants;

    (x) Petroleum refineries;

    (xi) Lime plants;

    (xii) Phosphate rock processing plants;

    (xiii) Coke oven batteries;

    (xiv) Sulfur recovery plants;

    (xv) Carbon black plants (furnace process);

    (xvi) Primary lead smelters;

    (xvii) Fuel conversion plants;

    (xviii) Sintering plants;

    (xix) Secondary metal production plants;

    (xx) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;

    (xxi) Fossil-fuel boilers (or combination thereof) totaling more
than 250 million British thermal units per hour heat input;

    (xxii) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;

    (xxiii) Taconite ore processing plants;

    (xxiv) Glass fiber processing plants;

    (xxv) Charcoal production plants;

    (xxvi) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;

    (xxvii) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.

* * * * * 

§ 51.166 [Amended]

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.

5. Effective December 31, 2009 through March 31, 2010, amend 40 CFR
51.166 to add paragraph (i)(l)(ii) to read as follows:

§ 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]

6. Effective December 31, 2009, 40 CFR part 51, Appendix S, paragraphs 
SEQ CHAPTER \h \r 1  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.

	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]

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

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

§52.21 [Amended]

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.

10. Effective December 31, 2009 through March 31, 2010, amend 40 CFR
52.21 to add (i)(l)(vii) to read as follows:

§ 52.21 Prevention of significant deterioration of air quality.

* * * * * 

(i) ***

(1) ***

(vii) The source or modification would be a major stationary source or
major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:

    (a) Coal cleaning plants (with thermal dryers);

    (b) Kraft pulp mills;

    (c) Portland cement plants;

    (d) Primary zinc smelters;

    (e) Iron and steel mills;

    (f) Primary aluminum ore reduction plants;

    (g) Primary copper smelters;

    (h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;

    (i) Hydrofluoric, sulfuric, or nitric acid plants;

    (j) Petroleum refineries;

    (k) Lime plants;

    (l) Phosphate rock processing plants;

    (m) Coke oven batteries;

    (n) Sulfur recovery plants;

    (o) Carbon black plants (furnace process);

    (p) Primary lead smelters;

    (q) Fuel conversion plants;

    (r) Sintering plants;

    (s) Secondary metal production plants;

    (t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;

    (u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;

    (v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;

    (w) Taconite ore processing plants;

    (x) Glass fiber processing plants;

    (y) Charcoal production plants;

    (z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;

    (aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or

* * * * * 

  John Walke, NRDC, EPA-HQ-OAR-2004-0014-0060.

  Lisa Jackson, US EPA, EPA-HQ-OAR-2004-0014-0062

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