Please note the regulations below presented in Red Line Strikeout (RLSO) for the proposed rule changes for the Fugitive Emissions Reconsideration Rule Proposal.
 
 Redline Strikeout Rule Language reflecting proposed changes to 51.165 :
40 CFR 51.165(a)(1)(v)(G):
(G) Fugitive emissions shall not be included in determining for any of the purposes of this section whether a physical change in or change in the method of operation of a major stationary source is a major modification, unless the source belongs to one of the source categories listed in paragraph (a)(1)(iv)(C) of this section.

40 CFR 51.165(a)(1)(vi)(C)(3):
(C) An increase or decrease in actual emissions is creditable only if: 
(3) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part of one of the source categories listed in paragraph (a)(1)(iv)(C) of this section or it occurs at an emissions unit that is located at a major stationary source that belongs to one of the listed source categories. Fugitive emission increases or decreases are not creditable for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in paragraph (a)(1)(iv)(C) of this section and that are not, by themselves, part of a listed source category.

40 CFR 51.165(a)(4):
(4) [Reserved] 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 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: 
(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 50 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.

Effective Date Note: At 76 FR 17552, Mar. 30, 2011, §51.165, paragraphs (a)(1)(v)(G) and (v)(1)(vi)(C)(3) are stayed indefinitely

 Redline Strikeout Rule Language reflecting proposed changes to 51.166:
 40 CFR 51.166(i)(1)(ii):
 (ii) [Reserved] 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 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 50 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
 
 40 CFR 51.166(b)(2)(v):
 (v) Fugitive emissions shall not be included in determining for any of the purposes of this section whether a physical change in or change in the method of operation of a major stationary source is a major modification, unless the source belongs to one of the source categories listed in paragraph (b)(1)(iii) of this section.
 
 40 CFR 51.166(b)(3)(iii)(d):
 (d) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part of one of the source categories listed in paragraph (b)(1)(iii) of this section or it occurs at an emission unit that is located at a major stationary source that belongs to one of the listed source categories. Fugitive emission increases or decreases are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in paragraph (b)(1)(iii) of this section and that are not, by themselves, part of a listed source category.
 
 Effective Date Note: At 76 FR 17553, Mar. 30, 2011, § 51.166 paragraphs (b)(2)(v) and (b)(3)(iii)(d) are stayed indefinitely.
 
 Redline Strikeout Rule Language reflecting proposed changes to Appendix S to Part 51:
 40 CFR Appendix S to Part 51 II.A.5.(vii):
 (vii) Fugitive emissions shall not be included in determining for any of the purposes of this Ruling whether a physical change in or change in the method of operation of a major stationary source is a major modification, unless the source belongs to one of the source categories listed in paragraph II.A.4(iii) of this Ruling.
 
 40 CFR Appendix S to Part 51 II.F.:
 F. [Reserved] 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 of the 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 50 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.
 
 Redline Strikeout Rule Language reflecting proposed changes to 52.21:
 
 40 CFR 52.21(b)(2)(v):
 (v) Fugitive emissions shall not be included in determining for any of the purposes of this section whether a physical change in or change in the method of operation of a major stationary source is a major modification, unless the source belongs to one of the source categories listed in paragraph (b)(1)(iii) of this section.
 
 40 CFR 52.21(b)(3)(iii)(c):
 (c) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part of one of the source categories listed in paragraph (b)(1)(iii) of this section or it occurs at an emission unit that is located at a major stationary source that belongs to one of the listed source categories.(iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
 
 40 CFR 52.21(i)(1)(vii):
 (vii) [Reserved] 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 50 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
 
 Effective Date Note: At 76 FR 17556, Mar. 30, 2011, § 52.21(b)(2)(v) and (b)(3)(iii)(c) were stayed indefinitely.
