
[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Proposed Rules]               
[Page 57126-57127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no09-21]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 70, and 71

[EPA-HQ-OAR-2009-0517; FRL-8977-3]
RIN 2060-AP86

 
Prevention of Significant Deterioration and Title V Greenhouse 
Gas Tailoring Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public hearings.

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SUMMARY: The EPA is announcing 2 public hearings to be held for the 
proposed rule ``Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule'' which published in the Federal Register 
on October 27, 2009. The hearings will be held on Wednesday, November 
18, 2009, in Arlington, VA, and on Thursday, November 19, 2009, in 
Rosemont, IL.

DATES: The public hearings will be held on November 18, 2009, and 
November 19, 2009.

ADDRESSES: The November 18, 2009 hearing will be held at the Hyatt 
Regency Crystal City at Reagan National Airport, Second Floor, Room 
Tidewater 2, 2799 Jefferson Davis Highway, Arlington, VA 22202; phone 
number (703) 418-1234. The November 19, 2009 will be held at the Donald 
E. Stephens Convention Center, Level 2, Room 46, 5555 North River Road, 
Rosemont, IL 60018; phone number (847) 692-2220. Both public hearings 
will convene at 10 a.m. and continue until 7 p.m. (local time) or 
later, if necessary, depending on the number of speakers wishing to 
participate. The EPA will make every effort to accommodate all speakers 
that arrive and register before 7 p.m. A lunch break is scheduled from 
12:30 p.m. until 2 p.m. during both hearings. The EPA Web site for the 
rulemaking, which includes the proposal and information about the 
public hearings, can be found at: http://www.epa.gov/nsr.

FOR FURTHER INFORMATION CONTACT: If you would like to speak at the 
public hearing, please contact Ms. Pamela Long, U.S. Environmental 
Protection Agency, OAQPS, Air Quality Planning Division, (C504-03), 
Research Triangle Park, NC 27711, telephone (919) 541-0641, fax number 
(919) 541-5509, e-mail address long.pam@epa.gov, no later than November 
13, 2009. If you have any questions relating to the public hearing, 
please contact Ms. Long at the above number.
    Questions concerning the October 27, 2009, proposed rule should be 
addressed to Mr. Joseph Mangino, U.S. EPA, Office of Air Quality 
Planning and Standards, Operating Permits Group, (C504-05), Research 
Triangle Park, NC 27711, telephone number (919) 541-9778, e-mail at 
mangino.joseph@epa.gov.

SUPPLEMENTARY INFORMATION: The October 27, 2009, notice of proposed 
rulemaking proposes to tailor the major source applicability thresholds 
for greenhouse gas (GHG) emissions under the Prevention of Significant 
Deterioration (PSD) and title V programs of the Clean Air Act (CAA or 
Act) and to set a PSD significance level for GHG emissions. This 
proposal is necessary because EPA expects soon to promulgate 
regulations under the CAA to control GHG emissions and, as a result, 
trigger PSD and title V applicability requirements for GHG emissions. 
If PSD and title V requirements apply at the applicability levels 
provided under the CAA, State permitting authorities would be paralyzed 
by permit applications in numbers that are orders of magnitude greater 
than their current administrative resources could accommodate. On the 
basis of the legal doctrines of ``absurd results'' and ``administrative 
necessity,'' this proposed rule would phase in the applicability 
thresholds for both the PSD and title V programs for sources of GHG 
emissions. The first phase, which would last 6 years, would establish a 
temporary level for the PSD and title V applicability thresholds at 
25,000 tons per year (tpy), on a ``carbon dioxide equivalent'' 
(CO2e) basis, and a temporary PSD significance level for GHG 
emissions of between 10,000 and 25,000 tpy CO2e. EPA would 
also take other streamlining actions during this time. Within 5 years 
of the final version of this rule, EPA would conduct a study to assess 
the administrability issues. Then, EPA would conduct another 
rulemaking, to be completed by the end of the sixth year, that would 
promulgate, as the second phase, revised applicability and significance 
level thresholds and other streamlining techniques, as appropriate.
    Public hearing: The proposal for which EPA is holding the public 
hearings was published in the Federal Register on October 27, 2009, (74 
FR 55292) and is available at: http://www.epa.gov/nsr and also in the 
docket identified below. The public hearings will provide interested 
parties the opportunity to present data, views, or arguments concerning 
the proposal. The EPA may ask clarifying questions during the oral 
presentations, but will not respond to the presentations at that time. 
Written statements and supporting

[[Page 57127]]

information submitted during the comment period will be considered with 
the same weight as any oral comments and supporting information 
presented at the public hearing. Written comments on the proposed rule 
must be postmarked by December 28, 2009.
    Commenters should notify Ms. Long if they will need specific 
equipment, or if there are other special needs related to providing 
comments at the hearings. The EPA will provide equipment for commenters 
to show overhead slides or make computerized slide presentations if we 
receive special requests in advance. Oral testimony will be limited to 
5 minutes for each commenter. The EPA encourages commenters to provide 
EPA with a copy of their oral testimony electronically (via e-mail or 
CD) or in hard copy form.
    The hearing schedules, including lists of speakers, will be posted 
on EPA's Web site http://www.epa.gov/nsr. Verbatim transcripts of the 
hearings and written statements will be included in the docket for the 
rulemaking.

How Can I Get Copies of This Document and Other Related Information?

    The EPA has established a docket for the proposed rule ``Prevention 
of Significant Deterioration and Title V Greenhouse Gas Tailoring 
Rule'' under Docket ID No. EPA-HQ-OAR-2009-0517 (available at http://
www.regulations.gov).
    As stated previously, the proposed rule was published in the 
Federal Register on October 27, 2009 (74 FR 55292) and is available at 
http://www.epa.gov/nsr and in the above-cited docket.

    Dated: October 29, 2009.
Mary Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. E9-26537 Filed 11-3-09; 8:45 am]

BILLING CODE 6560-50-P
