Note
to
the
Docket
from
Debra
Suzuki
March
2,
2005
The
following
is
further
explanation
of
some
rule
revisions
(
between
the
final
and
proposed
rules)
that
are
not
described
elsewhere
and
are
not
purely
editorial:

°
In
the
purpose
sections
of
some
of
the
rules,
we
changed
PM10
to
particulate
matter.
These
changes
to
the
rules
have
no
affect
upon
the
emission
limitations
established
here,
but
acknowledge
that
the
emission
limitations
will
control
both
PM10
and
PM2.5.
At
the
time
EPA
proposed
the
rule,
the
PM2.5
standard
was
not
being
implemented
due
to
litigation.
However,
since
then,
the
court
upheld
the
PM2.5
standard,
so
EPA
has
changed
this
rule
to
recognize
both
the
PM2.5
and
PM10
standards.
°
49.122
­
In
the
proposal,
we
stated
that
delegation
agreements
may
be
modified,
amended,
or
revoked.
EPA
intended
such
changes
would
be
done
through
an
administrative
process
appropriate
for
the
change.
However,
EPA
failed
to
specify
that
in
the
proposed
rule,
so
we
are
adding
a
provision
to
the
final
rule
that
requires
substantive
changes
to
a
delegation
agreement
to
go
through
the
same
public
notice
process
as
the
initial
agreement.
°
49.123
­
The
term
"
new
air
pollution
source"
is
only
used
in
the
registration
rule,
49.138.
We
felt
it
was
better
to
explain
this
term
in
the
registration
rule
itself
rather
than
in
the
definition
section.
Therefore,
the
definition
of
"
new
air
pollution
source"
was
removed
from
this
section
and
was
added
to
the
text
of
the
registration
rule.
°
49.123
­
For
the
definition
of
"
permit
to
construct
or
construction
permit,"
we
changed
the
reference
from
"
40
CFR
52.10
or
52.21"
to
"
40
CFR
part
49
or
40
CFR
part
52"
to
capture
minor
new
source
review
permits
that
may
be
issued
under
the
future
minor
NSR
rule
that
EPA
is
currently
developing.
°
49.123
­
The
definition
of
PM10
was
revised
because
the
term
is
used
in
our
rule
in
the
context
of
both
emissions
and
ambient
standards.
The
proposed
definition
defined
PM10
only
in
terms
of
the
ambient
standards.
°
49.124
­
EPA
intended
for
a
single
period
of
up
to
15
minutes
to
mean
15
consecutive
minutes,
so
to
avoid
any
misunderstanding,
we
added
"
consecutive"
to
the
limit.
°
49.125
­
EPA
proposed
that
this
section
applies
to
all
particulate
matter
sources,
except
for
six
exempted
categories
of
sources.
However,
the
proposed
standard
for
process
sources
was
unclear
how
it
applied
to
some
types
of
non­
exempt
sources.
Therefore,
we
clarified
that
the
0.23
grams
per
dry
standard
cubic
meter
in
(
d)(
3)
was
meant
to
apply
to
any
source
stack
not
covered
by
the
other
limits
for
specific
sources
in
(
d)(
1)
or
(
d)(
2).
°
49.126
­
In
the
proposed
rule,
EPA
required
sources
to
maintain
records
of
reasonable
precautions
that
were
taken.
EPA
clarified
the
requirement
for
reasonable
precaution
plans
to
ensure
that
the
plan
would
generate
the
required
records.
°
49.128
­
Changing
the
limits
in
paragraph
(
c)
from
PM
to
PM10
is
just
a
clarification
and
does
not
affect
the
stringency
of
the
limit.
The
method
EPA
proposed
measures
PM10,
and
therefore
these
changes
make
the
rule
consistent.
°
49.129
­
EPA
proposed
that
this
section
applies
to
all
sulfur
dioxide
sources,
except
for
two
exempted
categories
of
sources.
However,
the
proposed
standard
for
process
sources
was
unclear
how
it
applied
to
some
types
of
non­
exempt
sources.
Therefore,
we
clarified
that
the
500
ppm
limit
in
(
d)(
2)
was
meant
to
apply
to
any
source
stack
not
covered
by
the
other
limit
in
(
d)(
1).
°
49.130
­
In
the
proposal,
EPA
intended
that
this
section
would
apply
to
all
fuels,
except
those
regulated
under
40
CFR
part
80.
However,
the
proposed
standards
did
not
clearly
cover
all
classes
of
liquid
fuels.
We
therefore,
clarified
what
standard
applied
to
liquid
fuels
not
explicitly
identified
in
the
rule.
°
49.131
­
We
added
"
the
owner
of
the
property
upon
which
open
burning
is
conducted"
to
who
is
affected
by
this
section.
Our
intention
to
regulate
more
than
the
person
conducting
the
burning
is
evidenced
by
the
wording
in
the
proposal,
"
A
person
must
not
open
burn,
or
allow
the
open
burning
of,
the
following
materials."
°
49.131
­
In
paragraphs
(
4)
and
(
5)
we
clarify
that
the
burner
must
notify
any
appropriate
Tribal
air
pollution
authority
and
obtain
any
permissions
or
approvals
required
by
the
Tribe
and
by
any
other
governments
with
applicable
laws
and
ordinances.
We
added
this
provision
to
clarify
that
our
rule
does
not
relieve
people
from
complying
with
other
applicable
rules.
°
49.131
­
In
paragraphs
(
4),
(
5),
and
(
6),
we
clarify
that
these
exempted
burns
are
not
allowed
during
a
burn
ban.
The
burn
ban
language
was
clear
that
these
burns
were
not
allowed
during
burn
bans.
Therefore,
we
made
the
sections
consistent
so
that
it
is
clear
that
the
ban
still
applies
despite
any
permissions
received
for
these
burns.
°
49.131
­
The
provision
for
calling
burn
bans
was
clarified
so
that
burn
bans
would
be
called
when
air
quality
levels
have
exceeded
75%
of
the
PM
NAAQS.
EPA
intended
that
the
purpose
of
the
open
burning
rule
was
to
control
particulate
matter,
and
this
clarification
makes
it
clear
that
the
PM10
and
PM2.5
NAAQS
are
the
standards
we
will
be
looking
to
when
we
call
burn
bans.
Also
see
response
to
comment.
°
49.131
­
Paragraph
(
e)(
1)(
i)
which
read,
"
Prohibited
materials
must
not
be
open
burned"
was
deleted
because
it
is
redundant
with
the
provisions
of
paragraph
(
d)(
1).
°
49.131
­
Paragraphs
(
e)(
2)
and
(
e)(
3)
are
rewritten
to
clarify
that
open
burning
"
subject
to
this
rule"
does
not
include
fires
set
for
cultural
or
traditional
purposes.
°
49.134
­
We
added
"
and
silvicultrual"
to
forestry
burning
throughout
this
rule
since
"
forestry
or
silvicultural
activities"
and
"
forestry
or
silvicultural
burning"
are
the
defined
terms.
°
49.137
­
"
Air
pollution
warning"
and
"
air
pollution
emergency"
were
added
to
the
list
of
levels
at
which
sources
will
be
requested
to
take
voluntary
actions
in
paragraph
(
c)(
3).
This
is
a
clarification
that
makes
this
paragraph
consistent
with
the
rest
of
the
rule.
°
49.138
­
EPA
added
a
de
minimis
exemption
to
the
registration
rule,
however
111
and
112
sources
must
still
register.
Under
the
registration
program,
EPA
wants
information
on
sources
that
are
subject
to
a
Federal
standard,
even
if
emissions
fall
below
the
de
minimis
threshold.
°
49.138
­
EPA
added
some
specific
items
to
the
list
of
information
to
be
included
in
initial
and
annual
registrations.
This
information
would
be
used
by
the
source
in
its
emissions
calculations,
which
the
proposal
also
required
to
be
submitted
to
EPA.
°
49.138
­
In
paragraph
(
e)(
4),
we
included
more
explanation
of
how
the
emissions
calculations
need
to
be
done
for
existing
sources
and
new
sources.
°
49.138
and
49.139
­
To
ensure
we
receive
the
necessary
information
to
process
the
registration
/
permit
applications,
EPA
has
developed
required
forms
for
sources
to
use
to
submit
the
information
required
by
49.138
(
e)
and
(
f)
and
49.139(
d).
