Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10367 

■ b. Removing ‘‘medical record’’ each 

time it appears and adding in its place 

‘‘health record’’. 

■ c. In the list of definitions in 

paragraph (a), revising the definition of 

‘‘Practitioner’’. 

The revision reads as follows: 

§ 17.32 Informed consent and advance 

care planning. 

(a) * * * 

Practitioner. Any physician, dentist, 

or health care professional who has 

been granted specific clinical privileges 

to perform the treatment or procedure. 

For the purpose of obtaining informed 

consent for medical treatment, the term 

practitioner includes medical and 

dental residents and other appropriately 

trained health care professionals 

designated by VA regardless of whether 

they have been granted clinical 

privileges. 

* * * * * 

[FR Doc. E7–4142 Filed 3–7–07; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2001–0004; FRL–8283–9] 

RIN 2060–AM59 

Nonattainment New Source Review 

(NSR) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is finalizing 

revisions to the regulations governing 

the nonattainment new source review 

(NSR) program mandated by section 

110(a)(2)(C) of the Clean Air Act (CAA 

or Act). These revisions implement 

changes to the preconstruction review 

requirements for major stationary 

sources in nonattainment areas in 

interim periods between designation of 

new nonattainment areas and adoption 

of a revised State Implementation Plan 

(SIP). The revisions conform the 

nonattainment permitting rules that 

apply during the SIP development 

period following nonattainment 

designations before SIP approval to the 

Federal permitting rules applicable to 

SIP-approved programs. The changes 

are intended to provide a consistent 

national program for permitting major 

stationary sources in nonattainment 

areas under section 110(a)(2)(C) and part 

D of title I of the Act. In particular, these 

changes conform the regulations to the 

NSR reform provisions that EPA 

promulgated by notice dated December 

31, 2002, except that these changes do 

not include the NSR reform provisions 

for ‘‘clean units’’ or ‘‘pollution control 

projects,’’ which the U.S. Court of 

Appeals for the D.C. Circuit vacated in 

New York v. EPA, 413 F.3d 3 (DC Cir. 

2005). In addition, these changes 

include an interim interpretation of the 

NSR reform provision for a ‘‘reasonable 

possibility’’ standard for recordkeeping 

and reporting requirements, in 

accordance with that court decision. 

This interim interpretation to the 

‘‘reasonable possibility‘‘ standard 

applies for appendix S purposes, 

pending the completion of rulemaking 

to develop a more complete 

interpretation. 

DATES: This final rule is effective on 

May 7, 2007. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2001–0004. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, e.g., CBI 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 Docket, EPA/DC, EPA 

West, 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 Docket is (202) 566–

1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lisa Sutton, Air Quality Policy Division, 

Office of Air Quality Planning and 

Standards (C504–03), Environmental 

Protection Agency, Research Triangle 

Park, NC 27711; telephone number: 

(919) 541–3450; fax number: (919) 541–

5509; e-mail address: 

sutton.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities affected by this rule include 

sources in all industry groups. The 

majority of sources potentially affected 

are expected to be in the following 

groups: 

Industry Group SIC a 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. 

aStandard Industrial Classification. 

b North American Industry Classification System. 

Entities affected by the rule also 

include States, local permitting 

authorities, and Indian tribes whose 

lands contain new and modified major 

stationary sources. 

B. Where Can I Obtain Additional 

Information? 

In addition to being available in the 

docket, an electronic copy of this final 


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rule is also available on the World Wide 

Web. Following signature by the EPA 

Administrator, a copy of this final rule 

will be posted on the EPA’s NSR Web 

site, under Regulations & Standards, at 

http://www.epa.gov/nsr. 

C. How Is This Preamble Organized? 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. Does This Action Apply to Me? 

B. Where Can I Obtain Additional 

Information? 

C. How Is This Preamble Organized? 

II. Overview of This Final Action 

III. Background 

A. The Major NSR Program 

B. What We Proposed 

IV. Description of This Final Action and 

Legal Basis 

A. Final Changes to Appendix S 

B. Legal Basis for Changes to Appendix S 

C. Approach for ‘‘Reasonable Possibility’’

Standard 

V. Summary of Major Comments and 

Responses 

VI. Effective Date for Requirements 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

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 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 

VIII. Judicial Review 

IX. Statutory Authority 

II. Overview of This Final Action 

In this action, we are finalizing 

previously proposed changes to the 

regulations that govern NSR permitting 

of major stationary sources in 

nonattainment areas in appendix S of 40 

CFR part 51. Appendix S contains the 

permitting program for major stationary 

sources that are located either in 

nonattainment areas or in the Ozone 

Transport Region (OTR), in transition 

periods before EPA approves a SIP to 

implement the NSR requirements in 

part D of title I. These final rules revise 

appendix S to generally conform it to 

regulations at 40 CFR 51.165 for SIP 

programs for nonattainment major NSR, 

as those regulations were revised to 

implement NSR reform. 67 FR 80816 

(December 31, 2002) (2002 NSR reform 

rules). However, the U.S. Court of 

Appeals for the D.C. Circuit, in New 

York v. EPA, 413 F.3d 3 (DC Cir. 2005) 

(New York), vacated the Clean Unit 

provision and the Pollution Control 

Project (PCP) exemption in the 2002 

NSR reform rules. Therefore, these final 

rules do not conform appendix S to the 

2002 rules with respect to Clean Units 

or PCPs. The New York case also 

remanded the ‘‘reasonable possibility’’

recordkeeping and reporting provision 

of the 2002 NSR reform rules for the 

EPA either to provide an acceptable 

explanation or to devise an 

appropriately supported alternative. In a 

separate Federal Register notice 

published on this date, we are 

proposing clarification of the 

‘‘reasonable possibility’’ standard to 

address under which circumstances 

records must be kept for projects that do 

not trigger NSR. In the interim, the 

‘‘reasonable possibility’’ standard 

remains in effect in our major NSR 

regulations and we provide an 

interpretation that indicates one set of 

circumstances under which the 

‘‘reasonable possibility’’ standard is 

met. States may provide different 

recordkeeping requirements provided 

that the recordkeeping requirements 

address the concerns noted in the 

Court’s remand. 

III. Background 

A. The Major NSR Program 

The major NSR program contained in 

parts C and D of title I of the Act is a 

preconstruction review and permitting 

program applicable to new and 

modified major stationary sources of air 

pollutants regulated under the Act. In 

areas not meeting health-based national 

ambient air quality standards (NAAQS) 

and in ozone transport regions, the 

program is implemented under the 

requirements of section 110(a)(2)(C) and 

part D of title I of the Act. We call this 

program the ‘‘nonattainment’’ NSR 

program. Subpart 1 of part D of title I 

contains general requirements for 

nonattainment areas for any pollutant 

for which there is a NAAQS. 

In areas meeting the NAAQS 

(‘‘attainment’’ areas) or for which there 

is insufficient information to determine 

whether they meet the NAAQS 

(‘‘unclassifiable’’ areas), the NSR 

requirements under part C of title I of 

the Act apply. This program is called 

the Prevention of Significant 

Deterioration (PSD) program. 

Collectively, we also commonly refer to 

the attainment and nonattainment 

programs as the major NSR program. 

Regulations comprising the major NSR 

program are contained in 40 CFR 

51.165, 51.166, 52.21, 52.24, and part 

51, appendix S. Of these, the 

nonattainment area regulations are 

contained in 40 CFR 51.165, 52.24, and 

part 51, appendix S. 

The NSR provisions of the Act are 

implemented primarily through State 

preconstruction permitting programs. 

As provided in section 172(c)(4) of the 

Act, the SIP must require permits for the 

construction and operation of new or 

modified major stationary sources in 

accordance with section 173 of the Act. 

The permitting requirements for SIPs for 

major stationary sources locating in 

nonattainment areas are found in 40 

CFR 51.165. 40 CFR 52.24(k) specifies 

that appendix S governs permits to 

construct and operate when such 

permits were applied for during the 

period between the date of designation 

as nonattainment and the date we 

approve the part D major NSR plan. 

Appendix S states that it is an 

interpretation of 40 CFR subpart I 

(including § 51.165), and it has 

historically reflected substantially the 

same requirements as the part D NSR 

requirements. This includes the 

requirement to comply with the lowest 

achievable emission rate (LAER) and 

obtain offsetting emission reductions, 

with a limited exemption in section VI 

of the appendix that applies to sources 

that will not interfere with an area’s 

attainment deadline and that will meet 

applicable SIP emissions limitations. 

Thus, consistent with section 

110(a)(2)(C) of the Act, permitting of 

new and modified stationary sources in 

the area will be regulated as necessary 

to ensure that they do not interfere with 

attaining the NAAQS. 

As we describe further in section III.B 

of this preamble, these final regulations 

generally conform the regulatory 

language of appendix S to the major 

NSR program as revised on December 

31, 2002, except for the provisions of 

that program vacated by the New York 

case. For a summary of the regulatory 

development process and stakeholder 

development for that rulemaking, see 67 

FR 80188. 

B. What We Proposed 

On July 23, 1996, we proposed 

changes to the major NSR program, 

including the regulations contained in 

40 CFR 51.165, 51.166, 52.21, 52.24, and 

part 51 appendix S (61 FR 38250). The 

1996 proposal concerned, in part, five 

major changes to the NSR programbaseline emissions, actual-to-projectedactual methodology, Clean Units, 

Plantwide Applicability Limitations 

(PALs), and PCPs. 


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1Thus, EPA has typically conformed appendix S 

to the part D nonattainment NSR permitting 

provisions governing SIPs at 40 CFR 51.165 

(originally codified at § 51.18) whenever those 

regulations were revised. See, for example, 45 FR 

52676 (Aug. 7, 1980); 47 FR 27554 (June 25, 1982); 

49 FR 43210 (Oct. 26, 1984); 54 FR 27274 (June 28, 

1989); 57 FR 3941 (Feb. 3, 1992). 

On December 31, 2002 (67 FR 80187), 

we promulgated final changes 

concerning baseline emissions, actualto-projected-actual methodology, Clean 

Units, PALs, and PCPs. We promulgated 

these changes in the regulations at 40 

CFR 51.165, 51.166, and 52.21, and at 

the same time stated our intention to 

later conform the regulatory language in 

appendix S (and 40 CFR 52.24) to the 

final regulations. 

Today’s actions finalize these changes to 

the regulations for both the approval and 

promulgation of implementation plans and 

requirements for preparation, adoption, and 

submittal of implementation plans governing 

the NSR programs mandated by parts C and 

D of title I of the Act. We also proposed 

conforming changes to 40 CFR (Code of 

Federal Regulations) part 51, appendix S, and 

part 52.24. Today we have not included the 

final regulatory language for these 

regulations. It is our intention to include 

regulatory changes that conform appendix S 

and 40 CFR 52.24 to today’s final rules in any 

final regulations that set forth an interim 

implementation strategy for the 8-hour ozone 

standard. We intend to finalize changes to 

these sections precisely as we have finalized 

requirements for other parts of the program. 

Because these are conforming changes and 

the public has had an opportunity for review 

and comment, we will not be soliciting 

additional comments before we finalize 

them. 

We published final rules addressing 

implementation of the 8-hour ozone 

NAAQS, on April 30, 2004 (69 FR 

23951) and November 29, 2005 (70 FR 

71612). In the November 2005 final rule, 

in part, we revised appendix S to 

incorporate the major stationary source 

thresholds, significant emission rates, 

and offset ratios for sources of ozone 

precursors pursuant to part D, subpart 1 

and subpart 2 of title I of the 1990 CAA 

Amendments, but we did not at that 

time include the regulatory changes we 

had proposed to conform appendix S 

language to that of the NSR reform rules. 

IV. Description of This Final Action 

and Legal Basis 

A. Final Changes to Appendix S 

In this final action, we have revised 

appendix S as proposed to generally 

conform the regulatory language in 

appendix S to that of the NSR reform 

rules. Specifically, the changes 

proposed in 1996 concerning baseline 

emission determinations, actual-toprojected-actual methodology, and PALs 

have been incorporated in sections II 

and IV of appendix S. As indicated at 

67 FR 80187, it was our intent to 

finalize the changes to appendix S 

precisely as we have finalized 

requirements for other parts of the 

program. However, subsequently, the 

New York case vacated the Clean Unit 

provision and the PCP exemption in the 

2002 NSR reform rules. Therefore, these 

final rules do not conform appendix S 

to the 2002 rule revisions relating to 

Clean Units and PCPs. In addition, as 

discussed later, these final rules 

conform appendix S to the ‘‘reasonable 

possibility’’ standard in the NSR reform 

rules. In a separate Federal Register 

notice published on this date, we are 

proposing clarification of the 

‘‘reasonable possibility’’ standard to 

address under which circumstances 

records must be kept for projects that do 

not trigger NSR. We provide, in this 

preamble, an interim interpretation 

which addresses the issues raised by the 

Court in its remand. Table 1 shows 

where to find the changes being made 

to appendix S. 

TABLE 1.—PROPOSED CHANGES TO APPENDIX S 

For the following provision * * * Added to § 51.165 in December 2002 at * * * Analogous provisions have been added to 

appendix S at paragraph 

Offsets ............................................................... (a)(3)(ii) (H) through (J) .................................... IV.C.7 through 8. 

Applicability test ................................................. (a)(2)(ii) ............................................................. IV.I.1. 

Projected actual emissions (including ‘‘reasonable possibility’’ standard).(a)(6) ................................................................. IV.J. 

Clean Unit provisions for emissions units subject to LAER.(c) 

Clean Unit provisions for emissions units 

achieving emission limitation comparable to 

LAER.

(d) 

PCP exclusion ................................................... (e) 

Actuals PALs ..................................................... (f) ...................................................................... IV.K. 

Severability ........................................................ (g) ..................................................................... IV.L. 

B. Legal Basis for Changes to Appendix 

S 

Appendix S provides on its face that 

it is an interpretation of the NSR 

permitting rules in subpart I, including 

(51.165. Therefore, it is necessary to 

have appendix S reflect substantially 

the same requirements as are in 

§ 51.165.1 Thus, we proposed to amend 

appendix S in this manner in the 1996 

NSR proposal. 

The legal basis for these changes is 

the same as that set forth in the 

preamble to the December 31, 2002, 

final rule providing NSR reforms for the 

other major NSR regulations. 

Additionally, we believe it is necessary 

to have appendix S reflect substantially 

the same requirements as codified at 40 

CFR 51.165 because appendix S is an 

interpretation of the NSR permitting 

rules at 40 CFR part 51 subpart I, 

including § 51.165, as discussed earlier. 

As explained in section IV.A of this 

preamble, we are not amending 

appendix S to adopt the Clean Unit 

provision and PCP exemption that are in 

§ 51.165, because the D.C. Circuit Court 

of Appeals vacated those provisions in 

the New York decision. 

Section 110(a)(2)(C) of the Act does 

not define specific requirements States 

must follow for issuing major source 

permits during the interim period 

between nonattainment designation and 

EPA approval of a nonattainment NSR 

SIP. However, we have historically 

recognized that the SIP development 

period provided for in section 172(b) of 

the Act leaves a gap in part D major NSR 

permitting and have determined that 

this gap is to be filled with an interim 

major NSR program that is substantially 

similar to the requirements of part D, 

including the LAER and offset 

requirements from part D, subject to a 

limited exemption where the attainment 

deadline will be met (57 FR at 18070, 

18076). This interim NSR program has 

been implemented to date through 


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2Appendix S was originally promulgated in 1976 

to address whether, and to what extent, new and 

modified sources would be allowed to construct in 

nonattainment areas whose attainment deadlines 

had already passed, in light of the regulatory 

requirement that new or modified sources be 

disapproved where the source would interfere with 

attainment of the NAAQS. 41 FR 55524 (Dec. 21, 

1976). It required, inter alia, compliance with the 

LAER and with offsetting emission reductions in 

excess of the new source’s emissions. At that time, 

part D NSR was not part of the CAA. 

When the part D NSR provisions were added in 

the 1977 Amendments to the CAA, Congress added 

the requirement that SIPs contain nonattainment 

NSR provisions as set forth in section 173, 

including LAER and the requirement to either offset 

the increase in new source emissions or ensure that 

emissions fell within a growth allowance. (The 

growth allowance provision was repealed in 1990.) 

Additionally, Congress provided that appendix S 

would govern preconstruction permitting in areas 

lacking approved part D SIPs before a construction 

ban went into effect, as discussed in more detail 

earlier. 

3See Alabama Power Co. v. Costle, 636 F.3d 323, 

346–047 (DC Cir. 1980) (discussing Sierra Club v. 

Ruckelshaus, 344 F. Supp. 253 (D.D.C. 1972), aff’d 

per curiam 4 ERC 1815 (DC Cir. 1972), aff’d by an 

equally divided court, sub nom Fri v. Sierra Club, 

412 U.S. 541 (1973). 

appendix S.2 Our regulations at 40 CFR 

52.24(k) require States to follow 

appendix S during the time period 

between the date of designation as 

nonattainment and the date the part D 

major NSR plan is approved. 

Additionally, in the 1977 CAA 

Amendments, Congress indicated its 

intent that major NSR permitting apply 

during the SIP development period. [See 

Pub. L. No. 95–95, § 129(a), 91 Stat. 685 

(1977).] Specifically, in 1977, when 

Congress enacted a moratorium on 

construction in any area lacking an 

approved part D NSR SIP, with a 

delayed effective date of July 1, 1979, 

Congress provided that appendix S 

govern permitting of sources 

constructing in such areas prior to that 

date, subject to a limited waiver by the 

Administrator. Id. 108(b), 129(a). We 

subsequently codified the use of 

appendix S as the interim major NSR 

program in 40 CFR 52.24(k), reasoning 

(in the context of implementing a delay 

in the construction ban for then-recently 

designated nonattainment areas) that 

Congress had provided that appendix S 

would remain in effect to protect air 

quality while State plans were being 

designed (45 FR 91604). When Congress 

removed the construction ban (except as 

provided in section 110(n)(3) of the 

Act), it left in place 40 CFR 52.24(k), 

implementing the interim major NSR 

program under appendix S. 

The continued application of 

appendix S through § 52.24(k) is also 

supported by the purpose of the CAA, 

specifically, section 101(b)(1), ‘‘to 

protect and enhance the quality of the 

Nation’s air resources so as to promote 

the public health and welfare and the 

productive capacity of its population.’’

This provision was the basis for the 

original judicial finding that the Act 

imposed an obligation to prevent 

significant deterioration in areas that 

meet the NAAQS, prior to Congress’

enactment of the PSD program at part C 

of the Act.3 This policy of nondegradation and promoting productive 

capacity applies with even greater force 

in areas that fail to meet the NAAQS. 

Thus, we believe that an interim major 

NSR program for the SIP development 

period—as codified at appendix S—is 

supported by section 110(a)(2)(C), 

section 101(b)(1), Congressional intent, 

and our gapfilling authority under 

section 301(a) of the Act. 

C. Approach for ‘‘Reasonable 

Possibility’’ Standard 

These appendix S rules include the 

‘‘reasonable possibility’’ standard of the 

2002 NSR reform rules. In response to 

the remand of that standard handed 

down by the D.C. Circuit in the New 

York case, EPA provides an interim 

interpretation of ‘‘reasonable 

possibility’’ that is consistent with the 

Court’s decision. We note that in a 

separate Federal Register notice 

published on this date, we are 

proposing clarification of the 

‘‘reasonable possibility’’ standard to 

address under which circumstances a 

source that does not trigger NSR may 

nonetheless still be required to keep 

records. 

A major stationary source in a 

nonattainment area (or in the OTR) 

triggers the application of NSR when it 

makes a ‘‘modification,’’ which is 

defined as ‘‘any physical change * * * 

or change in the method of operation 

* * * which increases the amount of 

any air pollutant emitted’’ for which an 

area is in nonattainment or results in the 

emission of any such air pollutant not 

previously emitted by the source. CAA 

sections 172(c)(5), 171(4), 111(a)(4). The 

amount of the increase must be 

significant, and EPA, through 

rulemaking, has determined significance 

levels for various pollutants where the 

Act does not independently specify a 

significance threshold. See 40 CFR 

51.165(a)(1)(x), 51.166(b)(23)(i), 

paragraph II.A.10 of appendix S to Part 

51, and 52.21(b)(23)(i). 

To determine the amount of increase 

from the change, the NSR rules prior to 

revision by the 2002 NSR reform rules 

generally required a source other than 

an electric utility steam generating unit 

(EUSGU) to compare the amount of the 

source’s actual emissions during a 

baseline period to the amount the 

source would emit after the change 

based on the source’s potential to emit 

(PTE) to determine if a ‘‘significant net 

emissions increase’’ has occurred. The 

2002 NSR reform rules provided nonEUSGU sources a choice in how to 

determine the post-change amount: 

these sources could continue to use the 

PTE amount (the actuals-to-potentials 

test), or they could use the amount of 

actual emissions the sources projected 

to occur (the actuals-to-projected-actuals 

test). The preamble to the NSR reform 

rules contains a more detailed 

discussion, 67 FR at 80,187. 

For a source that elects the actuals-toprojected-actuals test and calculates that 

the amount of any increase would not 

exceed the significance levels and 

therefore does not trigger NSR, the NSR 

reform rules provide requirements to 

maintain records of the calculations and 

post-change emissions if the source 

determines that there is ‘‘a reasonable 

possibility that [the change] may result 

in a significant emissions increase 

* * *. ’’ 40 CFR 52.21(r)(6). 

In the New York case, the DC Circuit 

remanded this provision, stating: 

Because EPA has failed to explain how it 

can ensure NSR compliance without the 

relevant data, we will remand for it either to 

provide an acceptable explanation for its 

‘‘reasonable possibility’’ standard or to devise 

an appropriately supported alternative. 

413 F.3d at 35–36. 

In a separate Federal Register notice 

published on this date, we are 

proposing clarification of the 

‘‘reasonable possibility’’ standard to 

identify when a source must keep 

records despite the fact that a physical 

or operational change does not trigger 

NSR. The EPA intends, as part of that 

rulemaking, to revise appendix S to the 

extent necessary to conform to the 

results of that rulemaking. 

In the interim, until EPA completes 

the rulemaking, EPA announces that it 

interprets the standard so that a source 

may conclude there is no ‘‘reasonable 

possibility’’ that the change will result 

in a significant increase in emissions 

only if the change’s projected actual 

emissions increase is below 50 percent 

of the applicable NSR significance level 

for any pollutant. This test may be 

termed the ‘‘percentage increase 

trigger.’’ We base our conclusion on an 

assumption that the magnitude of 

projected actual emissions correlates 

positively to the likelihood of a 

significant emissions increase. The EPA 

believes that this interpretation 

addresses the issues identified by the 

Court in the New York case. 


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V. Summary of Major Comments and 

Responses 

As we noted in section III.B of this 

preamble, we proposed changes to 

appendix S and the other major NSR 

regulations in 1996. Thus, the 

comments and responses concerning the 

final regulations on December 31, 2002 

also apply to these final changes to 

appendix S. You will find the major 

comments and responses at 67 FR 

80186. For a complete summary of the 

comments and responses, please see our 

Technical Support Document for the 

December 31, 2002 final rules, which is 

posted on the World Wide Web, on the 

EPA’s New Source Review Web site, at 

http://www.epa.gov/nsr/documents/nsrtsd_11–22–02.pdf. 

VI. Effective Date for Requirements 

These final changes to appendix S of 

40 CFR part 51 will take effect in the 

NSR permitting programs for 

nonattainment areas on May 7, 2007. 

This means that appendix S as amended 

in this final action will apply on May 7, 

2007 in any nonattainment area without 

an approved part D NSR SIP that applies 

to major sources in the nonattainment 

area for the nonattainment pollutant. 

VII. Statutory and Executive Order 

Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory 

action.’’ Accordingly, EPA submitted 

this action to the Office of Management 

and Budget (OMB) for review under EO 

12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. The 

OMB has previously approved the 

information collection requirements 

contained in the existing regulations (40 

CFR parts 51 and 52) under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501, et seq., and has 

assigned OMB control number 2060–

0003, EPA ICR number 1230.17. A copy 

of the OMB-approved Information 

Collection Request (ICR) may be 

obtained from Susan Auby, Collection 

Strategies Division, U.S. Environmental 

Protection Agency (2822T), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, or by calling (202) 566–1672. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

The EPA has determined that it is not 

necessary to prepare a regulatory 

flexibility analysis in connection with 

this final rule. For purposes of assessing 

the impacts of this final rule on small 

entities, small entity is defined as: (1) A 

small business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; or (3) a 

small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, EPA has concluded that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. We are 

imposing no new requirements on small 

entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal 

agencies to assess the effects of their 

regulatory actions on State, local, and 

tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective, or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective, or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. 

Before EPA establishes any regulatory 

requirements that may significantly or 

uniquely affect small governments, 

including tribal governments, it must 

have developed under section 203 of the 

UMRA a small government agency plan. 

The plan must provide for notifying 

potentially affected small governments, 

enabling officials of affected small 

governments to have meaningful and 

timely input in the development of EPA 

regulatory proposals with significant 

Federal intergovernmental mandates, 

and informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

As this final rule generally 

incorporates the December 31, 2002 

final rules into appendix S, we believe 

these rule changes will actually reduce 

the regulatory burden associated with 

the major NSR program by improving 

the operational flexibility of owners or 

operators and clarifying the 

requirements. Additionally, States are 

not required to revise their SIPs with 

respect to appendix S. The EPA will act 

as the reviewing authority where the 

State lacks authority to issue permits 

that meet the conditions of appendix S. 

Thus, this final rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

Because we have not required any 

new Federal mandates, EPA has also 

determined that this rule contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. 

E. Executive Order 13132—Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 


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regulations that 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.’’

This final rule does not have 

federalism implications. Nevertheless, 

as described in section III.B of this 

preamble, in developing this rule, we 

consulted with affected parties and 

interested stakeholders, including State 

and local authorities, to enable them to 

provide timely input in the 

development of this rule. The rule 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 

Executive Order 13132. The revisions to 

appendix S do not have substantial 

direct effects on State and local agencies 

because State and local agencies are not 

required to revise their programs with 

respect to appendix S. The EPA will act 

as the reviewing authority where the 

State lacks authority to issue permits 

that meet the conditions of appendix S. 

Moreover, this revision provides sources 

permitted by States under appendix S 

greater certainty in application of the 

program, which should in turn reduce 

the overall burden of the program on 

State and local authorities. Thus, 

Executive Order 13132 does not apply 

to this final rule. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This final rule does not 

have tribal implications, as specified in 

Executive Order 13175. Thus, Executive 

Order 13175 does not apply. 

The purpose of this final rule, like 

that for the December 31, 2002 rules, is 

to add greater flexibility to the existing 

major NSR regulations. These changes 

have been incorporated into appendix S. 

Appendix S affects sources located in 

Indian country but has no direct effect 

on Indian tribes. Although major 

stationary sources affected by this final 

rule could be located in or near Indian 

country and/or be owned or operated by 

tribal governments, such sources would 

not incur additional costs or compliance 

burdens as a result of this rule. Instead, 

the only effect on such sources should 

be the benefit of the added certainty and 

flexibility provided by the rule. 

Although Executive Order 13175 does 

not apply to this rule, EPA afforded 

Tribal officials the opportunity to 

comment on the December 31, 2002 

final rules, which were developed 

largely prior to issuance of Executive 

Order 13175. Two tribes submitted 

comments on that action. We recognize 

the importance of including tribal 

consultation as part of the rulemaking 

process. We will continue to consult 

with tribes on future rulemaking to 

assess and address tribal implications, 

and will work with tribes interested in 

seeking TIP approval to implement the 

NSR program to ensure consistency of 

tribal plans with this rule. 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), applies to any rule that: 

(1) As ‘‘economically significant’’ as 

defined under Executive Order 12866; 

and (2) concerns an environmental 

health or safety risk that EPA has reason 

to believe may have a disproportionate 

effect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

This final rule is not subject to the 

Executive Order because it is not 

economically significant as defined in 

Executive Order 12866 and because the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. Based 

on our Supplemental Analysis, we 

believe that the December 31, 2002 rules 

that have been incorporated into this 

final action will result in equal or better 

environmental protection than provided 

by the prior regulations, and do so in a 

more streamlined and effective manner. 

H. Executive Order 13211—Actions 

That Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (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 final rule improves the ability of 

sources to undertake pollution 

prevention or energy efficiency projects, 

switch to less polluting fuels or raw 

materials, maintain the reliability of 

production facilities, and effectively 

utilize and improve existing capacity. 

The rule also includes a number of 

provisions to streamline administrative 

and permitting processes so that 

facilities can quickly accommodate 

changes in supply and demand. The 

regulations provide several alternatives 

that are specifically designed to reduce 

administrative burden for sources that 

use pollution prevention or energy 

efficient projects. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), P.L. 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. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

Although this rule does involve the 

use of technical standards, it does not 

preclude the State, local, and tribal 

reviewing agencies from using voluntary 

consensus standards. This final rule is 

an improvement of the existing NSR 

permitting program. As such, it only 

ensures that promulgated technical 

standards are considered and 

appropriate controls are installed, prior 

to the construction of major sources of 

air emissions. Therefore, EPA did not 

consider 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, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 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 


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and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations. 

Based on our Supplemental Analysis, 

we believe that the December 31, 2002 

rules that have been incorporated into 

this final action will result in equal or 

better environmental protection than 

provided by the prior regulations, and 

do so in a more streamlined and 

effective manner. 

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. The EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). This action will be effective May 

7, 2007. 

VIII. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 7, 2007. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this rule for the purposes of 

judicial review, nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. See CAA 

section 307(b)(2). 

Pursuant to section 307(d)(1)(U) of the 

CAA, the Administrator determines that 

this action is subject to the provisions 

of section 307(d). Section 307(d)(1)(U) 

provides that the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine.’’ This 

action finalizes elements of previous 

proposed actions that were determined 

to be subject to section 307(d)—the NSR 

rules published on December 31, 2002 

(67 FR at 80244). Therefore, the 

procedural requirements of section 

307(d) have been complied with for 

purposes of this action. 

IX. Statutory Authority 

The statutory authority for this action 

is provided by sections 101, 112, 114, 

116, and 301 of the Act as amended (42 

U.S.C. 7401, 7412, 7414, 7416, and 

7601). This rulemaking is also subject to 

section 307(d) of the Act (42 U.S.C. 

7407(d)). 

Nonattainment New Source Review: 

Appendix S—Page 37 of 91 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, 

Transportation, Volatile organic 

compounds. 

Dated: February 28, 2007. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended 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. 

Appendix S to Part 51—[Amended] 

■ 2. Appendix S to Part 51 is amended 

as follows: 

■ a. By revising paragraph II.A.1. 

■ b. By revising paragraphs II.A.5(i) and 

(ii). 

■ c. By adding paragraph II.A.5(vi). 

■ d. By revising paragraph II.A.6(i). 

■ e. By revising paragraph II.A.6(iii). 

■ f. By revising paragraph II.A.6(v)(b) 

through (d). 

■ g. By adding paragraph II.A.6(vii). 

■ h. By revising paragraph II.A.7. 

■ i. By revising paragraph II.A.13. 

■ j. By revising paragraph II.A.14. 

■ k. By revising the introductory text in 

paragraph II.A.18. 

■ l. By adding paragraphs II.A.21 

through 36. 

■ m. By adding paragraphs IV. I through 

L. 

The revisions and additions read as 

follows: 

Appendix S to Part 51—Emission Offset 

Interpretative Ruling 

* * * * * 

II. * * * 

A. * * * 

1. Stationary source means any building, 

structure, facility, or installation which emits 

or may emit a regulated NSR pollutant. 

* * * * * 

5. (i) Major modification means any 

physical change in or change in the method 

of operation of a major stationary source that 

would result in: 

(a) A significant emissions increase of a 

regulated NSR pollutant (as defined in 

paragraph II.A.31 of this Ruling); and 

(b) A significant net emissions increase of 

that pollutant from the major stationary 

source. 

(ii) Any significant emissions increase (as 

defined in paragraph II.A.23 of this Ruling) 

from any emissions units or net emissions 

increase (as defined in paragraph II.A.6 of 

this Ruling) at a major stationary source that 

is significant for volatile organic compounds 

shall be considered significant for ozone. 

* * * * * 

(vi) This definition shall not apply with 

respect to a particular regulated NSR 

pollutant when the major stationary source is 

complying with the requirements under 

paragraph IV.K of this ruling for a PAL for 

that pollutant. Instead, the definition at 

paragraph IV.K.2(viii) of this Ruling shall 

apply. 

6.(i) Net emissions increase means, with 

respect to any regulated NSR pollutant 

emitted by a major stationary source, the 

amount by which the sum of the following 

exceeds zero: 

(a) The increase in emissions from a 

particular physical change or change in the 

method of operation at a stationary source as 

calculated pursuant to paragraph IV.J of this 

Ruling; and 

(b) Any other increases and decreases in 

actual emissions at the major stationary 

source that are contemporaneous with the 

particular change and are otherwise 

creditable. Baseline actual emissions for 

calculating increases and decreases under 

this paragraph II.A.6(i)(b) shall be 

determined as provided in paragraph II.A.30 

of this Ruling, except that paragraphs 

II.A.30(i)(c) and II.A.30(ii)(d) of this Ruling 

shall not apply. 

* * * * * 

(iii) An increase or decrease in actual 

emissions is creditable only if the reviewing 

authority has not relied on it in issuing a 

permit for the source under this Ruling, 

which permit is in effect when the increase 

in actual emissions from the particular 

change occurs. 

* * * * * 

(v) * * * 

(b) It is enforceable as a practical matter at 

and after the time that actual construction on 

the particular change begins; 

(c) The reviewing authority has not relied 

on it in issuing any permit under regulations 

approved pursuant to 40 CFR 51.165; and 

(d) It has approximately the same 

qualitative significance for public health and 


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welfare as that attributed to the increase from 

the particular change. 

* * * * * 

(vii) Paragraph II.A.13(ii) of this Ruling 

shall not apply for determining creditable 

increases and decreases or after a change. 

7. Emissions unit means any part of a 

stationary source that emits or would have 

the potential to emit any regulated NSR 

pollutant and includes an electric utility 

steam generating unit as defined in paragraph 

II.A.21 of this Ruling. For purposes of this 

Ruling, there are two types of emissions units 

as described in paragraphs II.A.7(i) and (ii) of 

this Ruling. 

(i) A new emissions unit is any emissions 

unit which is (or will be) newly constructed 

and which has existed for less than 2 years 

from the date such emissions unit first 

operated. 

(ii) An existing emissions unit is any 

emissions unit that does not meet the 

requirements in paragraph II.A.7(i) of this 

Ruling. 

* * * * * 

13. (i) Actual emissions means the actual 

rate of emissions of a regulated NSR 

pollutant from an emissions unit, as 

determined in accordance with paragraphs 

II.A.13(ii) through (iv) of this Ruling, except 

that this definition shall not apply for 

calculating whether a significant emissions 

increase has occurred, or for establishing a 

PAL under paragraph IV.K of this Ruling. 

Instead, paragraphs II.A.24 and 30 of this 

Ruling shall apply for those purposes. 

(ii) In general, actual emissions as of a 

particular date shall equal the average rate, 

in tons per year, at which the unit actually 

emitted the pollutant during a consecutive 

24-month period which precedes the 

particular date and which is representative of 

normal source operation. The reviewing 

authority shall allow the use of a different 

time period upon a determination that it is 

more representative of normal source 

operation. Actual emissions shall be 

calculated using the unit’s actual operating 

hours, production rates, and types of 

materials processed, stored, or combusted 

during the selected time period. 

(iii) The reviewing authority may presume 

that source-specific allowable emissions for 

the unit are equivalent to the actual 

emissions of the unit. 

(iv) For any emissions unit that has not 

begun normal operations on the particular 

date, actual emissions shall equal the 

potential to emit of the unit on that date. 

14. Construction means any physical 

change or change in the method of operation 

(including fabrication, erection, installation, 

demolition, or modification of an emissions 

unit) that would result in a change in 

emissions. 

* * * * * 

18. Lowest achievable emission rate (LAER) 

means, for any source, the more stringent rate 

of emissions based on the following: * * * 

* * * * * 

21. Electric utility steam generating unit 

means any steam electric generating unit that 

is constructed for the purpose of supplying 

more than one-third of its potential electric 

output capacity and more than 25 MW 

electrical output to any utility power 

distribution system for sale. Any steam 

supplied to a steam distribution system for 

the purpose of providing steam to a steamelectric generator that would produce 

electrical energy for sale is also considered in 

determining the electrical energy output 

capacity of the affected facility. 

22. Pollution prevention means any activity 

that through process changes, product 

reformulation or redesign, or substitution of 

less polluting raw materials, eliminates or 

reduces the release of air pollutants 

(including fugitive emissions) and other 

pollutants to the environment prior to 

recycling, treatment, or disposal; it does not 

mean recycling (other than certain ‘‘inprocess recycling’’ practices), energy 

recovery, treatment, or disposal. 

23. Significant emissions increase means, 

for a regulated NSR pollutant, an increase in 

emissions that is significant (as defined in 

paragraph II.A.10 of this Ruling) for that 

pollutant. 

24. (i) Projected actual emissions means, 

the maximum annual rate, in tons per year, 

at which an existing emissions unit is 

projected to emit a regulated NSR pollutant 

in any one of the 5 years (12-month period) 

following the date the unit resumes regular 

operation after the project, or in any one of 

the 10 years following that date, if the project 

involves increasing the emissions unit’s 

design capacity or its potential to emit of that 

regulated NSR pollutant and full utilization 

of the unit would result in a significant 

emissions increase or a significant net 

emissions increase at the major stationary 

source. 

(ii) In determining the projected actual 

emissions under paragraph II.A.24(i) of this 

Ruling before beginning actual construction, 

the owner or operator of the major stationary 

source: 

(a) Shall consider all relevant information, 

including but not limited to, historical 

operational data, the company’s own 

representations, the company’s expected 

business activity and the company’s highest 

projections of business activity, the 

company’s filings with the State or Federal 

regulatory authorities, and compliance plans 

under the approved plan; and 

(b) Shall include fugitive emissions to the 

extent quantifiable, and emissions associated 

with startups, shutdowns, and malfunctions; 

and 

(c) Shall exclude, in calculating any 

increase in emissions that results from the 

particular project, that portion of the unit’s 

emissions following the project that an 

existing unit could have accommodated 

during the consecutive 24-month period used 

to establish the baseline actual emissions 

under paragraph II.A.30 of this Ruling and 

that are also unrelated to the particular 

project, including any increased utilization 

due to product demand growth; or, 

(d) In lieu of using the method set out in 

paragraphs II.A.24(ii)(a) through (c) of this 

Ruling, may elect to use the emissions unit’s 

potential to emit, in tons per year, as defined 

under paragraph II.A.3 of this Ruling. 

25. Nonattainment major new source 

review (NSR) program means a major source 

preconstruction permit program that 

implements Sections I through VI of this 

Ruling, or a program that has been approved 

by the Administrator and incorporated into 

the plan to implement the requirements of 

§ 51.165 of this part. Any permit issued 

under such a program is a major NSR permit. 

26. Continuous emissions monitoring 

system (CEMS) means all of the equipment 

that may be required to meet the data 

acquisition and availability requirements of 

this Ruling, to sample, condition (if 

applicable), analyze, and provide a record of 

emissions on a continuous basis. 

27. Predictive emissions monitoring system 

(PEMS) means all of the equipment necessary 

to monitor process and control device 

operational parameters (for example, control 

device secondary voltages and electric 

currents) and other information (for example, 

gas flow rate, O2 or CO2 concentrations), and 

calculate and record the mass emissions rate 

(for example, lb/hr) on a continuous basis. 

28. Continuous parameter monitoring 

system (CPMS) means all of the equipment 

necessary to meet the data acquisition and 

availability requirements of this Ruling, to 

monitor process and control device 

operational parameters (for example, control 

device secondary voltages and electric 

currents) and other information (for example, 

gas flow rate, O2 or CO2 concentrations), and 

to record average operational parameter 

value(s) on a continuous basis. 

29. Continuous emissions rate monitoring 

system (CERMS) means the total equipment 

required for the determination and recording 

of the pollutant mass emissions rate (in terms 

of mass per unit of time). 

30. Baseline actual emissions means the 

rate of emissions, in tons per year, of a 

regulated NSR pollutant, as determined in 

accordance with paragraphs II.A.30(i) 

through (iv) of this Ruling. 

(i) For any existing electric utility steam 

generating unit, baseline actual emissions 

means the average rate, in tons per year, at 

which the unit actually emitted the pollutant 

during any consecutive 24-month period 

selected by the owner or operator within the 

5-year period immediately preceding when 

the owner or operator begins actual 

construction of the project. The reviewing 

authority shall allow the use of a different 

time period upon a determination that it is 

more representative of normal source 

operation. 

(a) The average rate shall include fugitive 

emissions to the extent quantifiable, and 

emissions associated with startups, 

shutdowns, and malfunctions. 

(b) The average rate shall be adjusted 

downward to exclude any non-compliant 

emissions that occurred while the source was 

operating above any emission limitation that 

was legally enforceable during the 

consecutive 24-month period. 

(c) For a regulated NSR pollutant, when a 

project involves multiple emissions units, 

only one consecutive 24-month period must 

be used to determine the baseline actual 

emissions for the emissions units being 

changed. A different consecutive 24-month 

period can be used for each regulated NSR 

pollutant. 

(d) The average rate shall not be based on 

any consecutive 24-month period for which 


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there is inadequate information for 

determining annual emissions, in tons per 

year, and for adjusting this amount if 

required by paragraph II.A.30(i)(b) of this 

Ruling. 

(ii) For an existing emissions unit (other 

than an electric utility steam generating unit), 

baseline actual emissions means the average 

rate, in tons per year, at which the emissions 

unit actually emitted the pollutant during 

any consecutive 24-month period selected by 

the owner or operator within the 10-year 

period immediately preceding either the date 

the owner or operator begins actual 

construction of the project, or the date a 

complete permit application is received by 

the reviewing authority for a permit required 

either under this Ruling or under a plan 

approved by the Administrator, whichever is 

earlier, except that the 10-year period shall 

not include any period earlier than 

November 15, 1990. 

(a) The average rate shall include fugitive 

emissions to the extent quantifiable, and 

emissions associated with startups, 

shutdowns, and malfunctions. 

(b) The average rate shall be adjusted 

downward to exclude any non-compliant 

emissions that occurred while the source was 

operating above an emission limitation that 

was legally enforceable during the 

consecutive 24-month period. 

(c) The average rate shall be adjusted 

downward to exclude any emissions that 

would have exceeded an emission limitation 

with which the major stationary source must 

currently comply, had such major stationary 

source been required to comply with such 

limitations during the consecutive 24-month 

period. However, if an emission limitation is 

part of a maximum achievable control 

technology standard that the Administrator 

proposed or promulgated under part 63 of 

this chapter, the baseline actual emissions 

need only be adjusted if the State has taken 

credit for such emissions reductions in an 

attainment demonstration or maintenance 

plan. 

(d) For a regulated NSR pollutant, when a 

project involves multiple emissions units, 

only one consecutive 24-month period must 

be used to determine the baseline actual 

emissions for the emissions units being 

changed. A different consecutive 24-month 

period can be used for each regulated NSR 

pollutant. 

(e) The average rate shall not be based on 

any consecutive 24-month period for which 

there is inadequate information for 

determining annual emissions, in tons per 

year, and for adjusting this amount if 

required by paragraphs II.A.30(ii)(b) and (c) 

of this Ruling. 

(iii) For a new emissions unit, the baseline 

actual emissions for purposes of determining 

the emissions increase that will result from 

the initial construction and operation of such 

unit shall equal zero; and thereafter, for all 

other purposes, shall equal the unit’s 

potential to emit. 

(iv) For a PAL for a major stationary 

source, the baseline actual emissions shall be 

calculated for existing electric utility steam 

generating units in accordance with the 

procedures contained in paragraph II.A.30(i) 

of this Ruling, for other existing emissions 

units in accordance with the procedures 

contained in paragraph II.A.30(ii) of this 

Ruling, and for a new emissions unit in 

accordance with the procedures contained in 

paragraph II.A.30(iii) of this Ruling. 

31. Regulated NSR pollutant, for purposes 

of this Ruling, means the following: 

(i) Nitrogen oxides or any volatile organic 

compounds; 

(ii) Any pollutant for which a national 

ambient air quality standard has been 

promulgated; or 

(iii) Any pollutant that is a constituent or 

precursor of a general pollutant listed under 

paragraphs II.A.31(i) or (ii) of this Ruling, 

provided that a constituent or precursor 

pollutant may only be regulated under NSR 

as part of regulation of the general pollutant. 

32. Reviewing authority means the State air 

pollution control agency, local agency, other 

State agency, Indian tribe, or other agency 

issuing permits under this Ruling or 

authorized by the Administrator to carry out 

a permit program under §§ 51.165 and 51.166 

of this part, or the Administrator in the case 

of EPA-implemented permit programs under 

this Ruling or under § 52.21 of this chapter. 

33. Project means a physical change in, or 

change in the method of operation of, an 

existing major stationary source. 

34. Best available control technology 

(BACT) means an emissions limitation 

(including a visible emissions standard) 

based on the maximum degree of reduction 

for each regulated NSR pollutant which 

would be emitted from any proposed major 

stationary source or major modification 

which the reviewing authority, on a case-bycase basis, taking into account energy, 

environmental, and economic impacts and 

other costs, determines is achievable for such 

source or modification through application of 

production processes or available methods, 

systems, and techniques, including fuel 

cleaning or treatment or innovative fuel 

combustion techniques for control of such 

pollutant. In no event shall application of 

best available control technology result in 

emissions of any pollutant which would 

exceed the emissions allowed by any 

applicable standard under 40 CFR part 60 or 

61. If the reviewing authority determines that 

technological or economic limitations on the 

application of measurement methodology to 

a particular emissions unit would make the 

imposition of an emissions standard 

infeasible, a design, equipment, work 

practice, operational standard, or 

combination thereof, may be prescribed 

instead to satisfy the requirement for the 

application of BACT. Such standard shall, to 

the degree possible, set forth the emissions 

reduction achievable by implementation of 

such design, equipment, work practice or 

operation, and shall provide for compliance 

by means which achieve equivalent results. 

35. Prevention of Significant Deterioration 

(PSD) permit means any permit that is issued 

under a major source preconstruction permit 

program that has been approved by the 

Administrator and incorporated into the plan 

to implement the requirements of § 51.166 of 

this chapter, or under the program in § 52.21 

of this chapter. 

36. Federal Land Manager means, with 

respect to any lands in the United States, the 

Secretary of the department with authority 

over such lands. 

* * * * * 

IV. * * * 

* * * * * 

I. Applicability procedures. 

1. To determine whether a project 

constitutes a major modification, the 

reviewing authority shall apply the 

principles set out in paragraphs IV.I.1(i) 

through (v) of this Ruling. 

(i) Except as otherwise provided in 

paragraph IV.I.2 of this Ruling, and 

consistent with the definition of major 

modification contained in paragraph II.A.5 of 

this Ruling, a project is a major modification 

for a regulated NSR pollutant if it causes two 

types of emissions increases—a significant 

emissions increase (as defined in paragraph 

II.A.23 of this Ruling), and a significant net 

emissions increase (as defined in paragraphs 

II.A.6 and 10 of this Ruling). The project is 

not a major modification if it does not cause 

a significant emissions increase. If the project 

causes a significant emissions increase, then 

the project is a major modification only if it 

also results in a significant net emissions 

increase. 

(ii) The procedure for calculating (before 

beginning actual construction) whether a 

significant emissions increase (i.e., the first 

step of the process) will occur depends upon 

the type of emissions units being modified, 

according to paragraphs IV.I.1(iii) through (v) 

of this Ruling. The procedure for calculating 

(before beginning actual construction) 

whether a significant net emissions increase 

will occur at the major stationary source (i.e., 

the second step of the process) is contained 

in the definition in paragraph II.A.6 of this 

Ruling. Regardless of any such 

preconstruction projections, a major 

modification results if the project causes a 

significant emissions increase and a 

significant net emissions increase. 

(iii) Actual-to-projected-actual 

applicability test for projects that only 

involve existing emissions units. A significant 

emissions increase of a regulated NSR 

pollutant is projected to occur if the sum of 

the difference between the projected actual 

emissions (as defined in paragraph II.A.24 of 

this Ruling) and the baseline actual 

emissions (as defined in paragraphs II.A.30(i) 

and (ii) of this Ruling, as applicable), for each 

existing emissions unit, equals or exceeds the 

significant amount for that pollutant (as 

defined in paragraph II.A.10 of this Ruling). 

(iv) Actual-to-potential test for projects 

that only involve construction of a new 

emissions unit(s). A significant emissions 

increase of a regulated NSR pollutant is 

projected to occur if the sum of the difference 

between the potential to emit (as defined in 

paragraph II.A.3 of this Ruling) from each 

new emissions unit following completion of 

the project and the baseline actual emissions 

(as defined in paragraph II.A.30(iii) of this 

Ruling) of these units before the project 

equals or exceeds the significant amount for 

that pollutant (as defined in paragraph 

II.A.10 of this Ruling). 

(v) Hybrid test for projects that involve 

multiple types of emissions units. A 

significant emissions increase of a regulated 

NSR pollutant is projected to occur if the 


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sum of the emissions increases for each 

emissions unit, using the method specified in 

paragraphs IV.I.1(iii) through (iv) of this 

Ruling as applicable with respect to each 

emissions unit, for each type of emissions 

unit equals or exceeds the significant amount 

for that pollutant (as defined in paragraph 

II.A.10 of this Ruling). 

2. For any major stationary source for a 

PAL for a regulated NSR pollutant, the major 

stationary source shall comply with 

requirements under paragraph IV.K of this 

Ruling. 

J. Provisions for projected actual emissions. 

The provisions of this paragraph IV.J apply 

to projects at existing emissions units at a 

major stationary source (other than projects 

at a source with a PAL) in circumstances 

where there is a reasonable possibility that a 

project that is not a part of a major 

modification may result in a significant 

emissions increase and the owner or operator 

elects to use the method specified in 

paragraphs II.A.24(ii)(a) through (c) of this 

Ruling for calculating projected actual 

emissions. 

1. Before beginning actual construction of 

the project, the owner or operator shall 

document and maintain a record of the 

following information: 

(i) A description of the project; 

(ii) Identification of the emissions unit(s) 

whose emissions of a regulated NSR 

pollutant could be affected by the project; 

and 

(iii) A description of the applicability test 

used to determine that the project is not a 

major modification for any regulated NSR 

pollutant, including the baseline actual 

emissions, the projected actual emissions, the 

amount of emissions excluded under 

paragraph II.A.24(ii)(c) of this Ruling and an 

explanation for why such amount was 

excluded, and any netting calculations, if 

applicable. 

2. If the emissions unit is an existing 

electric utility steam generating unit, before 

beginning actual construction, the owner or 

operator shall provide a copy of the 

information set out in paragraph IV.J.1 of this 

Ruling to the reviewing authority. Nothing in 

this paragraph IV.J.2 shall be construed to 

require the owner or operator of such a unit 

to obtain any determination from the 

reviewing authority before beginning actual 

construction. 

3. The owner or operator shall monitor the 

emissions of any regulated NSR pollutant 

that could increase as a result of the project 

and that is emitted by any emissions units 

identified in paragraph IV.J.1(ii) of this 

Ruling; and calculate and maintain a record 

of the annual emissions, in tons per year on 

a calendar year basis, for a period of 5 years 

following resumption of regular operations 

after the change, or for a period of 10 years 

following resumption of regular operations 

after the change if the project increases the 

design capacity or potential to emit of that 

regulated NSR pollutant at such emissions 

unit. 

4. If the unit is an existing electric utility 

steam generating unit, the owner or operator 

shall submit a report to the reviewing 

authority within 60 days after the end of each 

year, during which records must be generated 

under paragraph IV.J.3 of this Ruling setting 

out the unit’s annual emissions during the 

year that preceded submission of the report. 

5. If the unit is an existing unit other than 

an electric utility steam generating unit, the 

owner or operator shall submit a report to the 

reviewing authority if the annual emissions, 

in tons per year, from the project identified 

in paragraph IV.J.1 of this Ruling, exceed the 

baseline actual emissions (as documented 

and maintained pursuant to paragraph 

IV.J.1(iii) of this Ruling) by a significant 

amount (as defined in paragraph II.A.10 of 

this Ruling) for that regulated NSR pollutant, 

and if such emissions differ from the 

preconstruction projection as documented 

and maintained pursuant to paragraph 

IV.J.1(iii) of this Ruling. Such report shall be 

submitted to the reviewing authority within 

60 days after the end of such year. The report 

shall contain the following: 

(i) The name, address and telephone 

number of the major stationary source; 

(ii) The annual emissions as calculated 

pursuant to paragraph IV.J.3 of this Ruling; 

and 

(iii) Any other information that the owner 

or operator wishes to include in the report 

(e.g., an explanation as to why the emissions 

differ from the preconstruction projection). 

6. [Reserved] 

7. The owner or operator of the source 

shall make the information required to be 

documented and maintained pursuant to this 

paragraph IV.J of this Ruling available for 

review upon a request for inspection by the 

reviewing authority or the general public 

pursuant to the requirements contained in 

§ 70.4(b)(3)(viii) of this chapter. 

K. Actuals PALs. The provisions in 

paragraphs IV.K.1 through 15 of this Ruling 

govern actuals PALs. 

1. Applicability. 

(i) The reviewing authority may approve 

the use of an actuals PAL for any existing 

major stationary source (except as provided 

in paragraph IV.K.1(ii) of this Ruling) if the 

PAL meets the requirements in paragraphs 

IV.K.1 through 15 of this Ruling. The term 

‘‘PAL’’ shall mean ‘‘actuals PAL’’ throughout 

paragraph IV.K of this Ruling. 

(ii) The reviewing authority shall not allow 

an actuals PAL for VOC or NOX for any major 

stationary source located in an extreme ozone 

nonattainment area. 

(iii) Any physical change in or change in 

the method of operation of a major stationary 

source that maintains its total source-wide 

emissions below the PAL level, meets the 

requirements in paragraphs IV.K.1 through 

15 of this Ruling, and complies with the PAL 

permit: 

(a) Is not a major modification for the PAL 

pollutant; 

(b) Does not have to be approved through 

a nonattainment major NSR program; and 

(c) Is not subject to the provisions in 

paragraph IV.F of this Ruling (restrictions on 

relaxing enforceable emission limitations that 

the major stationary source used to avoid 

applicability of a nonattainment major NSR 

program). 

(iv) Except as provided under paragraph 

IV.K.1(iii)(c) of this Ruling, a major stationary 

source shall continue to comply with all 

applicable Federal or State requirements, 

emission limitations, and work practice 

requirements that were established prior to 

the effective date of the PAL. 

2. Definitions. For the purposes of this 

paragraph IV.K, the definitions in paragraphs 

IV.K.2(i) through (xi) of this Ruling apply. 

When a term is not defined in these 

paragraphs, it shall have the meaning given 

in paragraph II.A of this Ruling or in the Act. 

(i) Actuals PAL for a major stationary 

source means a PAL based on the baseline 

actual emissions (as defined in paragraph 

II.A.30 of this Ruling) of all emissions units 

(as defined in paragraph II.A.7 of this Ruling) 

at the source, that emit or have the potential 

to emit the PAL pollutant. 

(ii) Allowable emissions means ‘‘allowable 

emissions’’ as defined in paragraph II.A.11 of 

this Ruling, except as this definition is 

modified according to paragraphs 

IV.K.2(ii)(a) through (b) of this Ruling. 

(a) The allowable emissions for any 

emissions unit shall be calculated 

considering any emission limitations that are 

enforceable as a practical matter on the 

emissions unit’s potential to emit. 

(b) An emissions unit’s potential to emit 

shall be determined using the definition in 

paragraph II.A.3 of this Ruling, except that 

the words ‘‘enforceable as a practical matter’’

should be added after ‘‘federally 

enforceable.’’

(iii) Small emissions unit means an 

emissions unit that emits or has the potential 

to emit the PAL pollutant in an amount less 

than the significant level for that PAL 

pollutant, as defined in paragraph II.A.10 of 

this Ruling or in the Act, whichever is lower. 

(iv) Major emissions unit means: 

(a) Any emissions unit that emits or has 

the potential to emit 100 tons per year or 

more of the PAL pollutant in an attainment 

area; or 

(b) Any emissions unit that emits or has 

the potential to emit the PAL pollutant in an 

amount that is equal to or greater than the 

major source threshold for the PAL pollutant 

as defined by the Act for nonattainment 

areas. For example, in accordance with the 

definition of major stationary source in 

section 182(c) of the Act, an emissions unit 

would be a major emissions unit for VOC if 

the emissions unit is located in a serious 

ozone nonattainment area and it emits or has 

the potential to emit 50 or more tons of VOC 

per year. 

(v) Plantwide applicability limitation (PAL) 

means an emission limitation expressed in 

tons per year, for a pollutant at a major 

stationary source, that is enforceable as a 

practical matter and established source-wide 

in accordance with paragraphs IV.K.1 

through 15 of this Ruling. 

(vi) PAL effective date generally means the 

date of issuance of the PAL permit. However, 

the PAL effective date for an increased PAL 

is the date any emissions unit which is part 

of the PAL major modification becomes 

operational and begins to emit the PAL 

pollutant. 

(vii) PAL effective period means the period 

beginning with the PAL effective date and 

ending 10 years later. 

(viii) PAL major modification means, 

notwithstanding paragraphs II.A.5 and 6 of 

this Ruling (the definitions for major 


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modification and net emissions increase), 

any physical change in or change in the 

method of operation of the PAL source that 

causes it to emit the PAL pollutant at a level 

equal to or greater than the PAL. 

(ix) PAL permit means the permit issued 

under this Ruling, the major NSR permit, the 

minor NSR permit, or the State operating 

permit under a program that is approved into 

the plan, or the title V permit issued by the 

reviewing authority that establishes a PAL for 

a major stationary source. 

(x) PAL pollutant means the pollutant for 

which a PAL is established at a major 

stationary source. 

(xi) Significant emissions unit means an 

emissions unit that emits or has the potential 

to emit a PAL pollutant in an amount that is 

equal to or greater than the significant level 

(as defined in paragraph II.A.10 of this 

Ruling or in the Act, whichever is lower) for 

that PAL pollutant, but less than the amount 

that would qualify the unit as a major 

emissions unit as defined in paragraph 

IV.K.2(iv) of this Ruling. 

3. Permit application requirements. As part 

of a permit application requesting a PAL, the 

owner or operator of a major stationary 

source shall submit the following 

information to the reviewing authority for 

approval: 

(i) A list of all emissions units at the source 

designated as small, significant or major 

based on their potential to emit. In addition, 

the owner or operator of the source shall 

indicate which, if any, Federal or State 

applicable requirements, emission 

limitations or work practices apply to each 

unit. 

(ii) Calculations of the baseline actual 

emissions (with supporting documentation). 

Baseline actual emissions are to include 

emissions associated not only with operation 

of the unit, but also emissions associated 

with startup, shutdown and malfunction. 

(iii) The calculation procedures that the 

major stationary source owner or operator 

proposes to use to convert the monitoring 

system data to monthly emissions and annual 

emissions based on a 12-month rolling total 

for each month as required by paragraph 

IV.K.13(i) of this Ruling. 

4. General requirements for establishing 

PALs. 

(i) The reviewing authority is allowed to 

establish a PAL at a major stationary source, 

provided that at a minimum, the 

requirements in paragraphs IV.K.4(i) (a) 

through (g) of this Ruling are met. 

(a) The PAL shall impose an annual 

emission limitation in tons per year, that is 

enforceable as a practical matter, for the 

entire major stationary source. For each 

month during the PAL effective period after 

the first 12 months of establishing a PAL, the 

major stationary source owner or operator 

shall show that the sum of the monthly 

emissions from each emissions unit under 

the PAL for the previous 12 consecutive 

months is less than the PAL (a 12-month 

average, rolled monthly). For each month 

during the first 11 months from the PAL 

effective date, the major stationary source 

owner or operator shall show that the sum of 

the preceding monthly emissions from the 

PAL effective date for each emissions unit 

under the PAL is less than the PAL. 

(b) The PAL shall be established in a PAL 

permit that meets the public participation 

requirements in paragraph IV.K.5 of this 

Ruling. 

(c) The PAL permit shall contain all the 

requirements of paragraph IV.K.7 of this 

Ruling. 

(d) The PAL shall include fugitive 

emissions, to the extent quantifiable, from all 

emissions units that emit or have the 

potential to emit the PAL pollutant at the 

major stationary source. 

(e) Each PAL shall regulate emissions of 

only one pollutant. 

(f) Each PAL shall have a PAL effective 

period of 10 years. 

(g) The owner or operator of the major 

stationary source with a PAL shall comply 

with the monitoring, recordkeeping, and 

reporting requirements provided in 

paragraphs IV.K. 12 through 14 of this Ruling 

for each emissions unit under the PAL 

through the PAL effective period. 

(ii) At no time (during or after the PAL 

effective period) are emissions reductions of 

a PAL pollutant, which occur during the PAL 

effective period, creditable as decreases for 

purposes of offsets under paragraph IV.C of 

this Ruling unless the level of the PAL is 

reduced by the amount of such emissions 

reductions and such reductions would be 

creditable in the absence of the PAL. 

5. Public participation requirement for 

PALs. PALs for existing major stationary 

sources shall be established, renewed, or 

increased through a procedure that is 

consistent with ((51.160 and 51.161 of this 

chapter. This includes the requirement that 

the reviewing authority provide the public 

with notice of the proposed approval of a 

PAL permit and at least a 30-day period for 

submittal of public comment. The reviewing 

authority must address all material 

comments before taking final action on the 

permit. 

6. Setting the 10-year actuals PAL level. 

The actuals PAL level for a major stationary 

source shall be established as the sum of the 

baseline actual emissions (as defined in 

paragraph II.A.30 of this Ruling) of the PAL 

pollutant for each emissions unit at the 

source; plus an amount equal to the 

applicable significant level for the PAL 

pollutant under paragraph II.A.10 of this 

Ruling or under the Act, whichever is lower. 

When establishing the actuals PAL level, for 

a PAL pollutant, only one consecutive 24- 

month period must be used to determine the 

baseline actual emissions for all existing 

emissions units. However, a different 

consecutive 24-month period may be used for 

each different PAL pollutant. Emissions 

associated with units that were permanently 

shut down after this 24-month period must 

be subtracted from the PAL level. Emissions 

from units on which actual construction 

began after the 24-month period must be 

added to the PAL level in an amount equal 

to the potential to emit of the units. The 

reviewing authority shall specify a reduced 

PAL level(s) (in tons/yr) in the PAL permit 

to become effective on the future compliance 

date(s) of any applicable Federal or State 

regulatory requirement(s) that the reviewing 

authority is aware of prior to issuance of the 

PAL permit. For instance, if the source owner 

or operator will be required to reduce 

emissions from industrial boilers in half from 

baseline emissions of 60 ppm NOX to a new 

rule limit of 30 ppm, then the permit shall 

contain a future effective PAL level that is 

equal to the current PAL level reduced by 

half of the original baseline emissions of such 

unit(s). 

7. Contents of the PAL permit. The PAL 

permit contain, at a minimum, the 

information in paragraphs IV.K.7 (i) through 

(x) of this Ruling. 

(i) The PAL pollutant and the applicable 

source-wide emission limitation in tons per 

year. 

(ii) The PAL permit effective date and the 

expiration date of the PAL (PAL effective 

period). 

(iii) Specification in the PAL permit that if 

a major stationary source owner or operator 

applies to renew a PAL in accordance with 

paragraph IV.K.10 of this Ruling before the 

end of the PAL effective period, then the PAL 

shall not expire at the end of the PAL 

effective period. It shall remain in effect until 

a revised PAL permit is issued by the 

reviewing authority. 

(iv) A requirement that emission 

calculations for compliance purposes include 

emissions from startups, shutdowns and 

malfunctions. 

(v) A requirement that, once the PAL 

expires, the major stationary source is subject 

to the requirements of paragraph IV.K.9 of 

this Ruling. 

(vi) The calculation procedures that the 

major stationary source owner or operator 

shall use to convert the monitoring system 

data to monthly emissions and annual 

emissions based on a 12-month rolling total 

for each month as required by paragraph 

IV.K.13(i) of this Ruling. 

(vii) A requirement that the major 

stationary source owner or operator monitor 

all emissions units in accordance with the 

provisions under paragraph IV.K.12 of this 

Ruling. 

(viii) A requirement to retain the records 

required under paragraph IV.K.13 of this 

Ruling on site. Such records may be retained 

in an electronic format. 

(ix) A requirement to submit the reports 

required under paragraph IV.K.14 of this 

Ruling by the required deadlines. 

(x) Any other requirements that the 

reviewing authority deems necessary to 

implement and enforce the PAL. 

8. PAL effective period and reopening of 

the PAL permit. The requirements in 

paragraphs IV.K.8(i) and (ii) of this Ruling 

apply to actuals PALs. 

(i) PAL effective period. The reviewing 

authority shall specify a PAL effective period 

of 10 years. 

(ii) Reopening of the PAL permit. 

(a) During the PAL effective period, the 

reviewing authority must reopen the PAL 

permit to: 

(1) Correct typographical/calculation errors 

made in setting the PAL or reflect a more 

accurate determination of emissions used to 

establish the PAL. 

(2) Reduce the PAL if the owner or 

operator of the major stationary source 

creates creditable emissions reductions for 

use as offsets under paragraph IV.C of this 

Ruling. 


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(3) Revise the PAL to reflect an increase in 

the PAL as provided under paragraph IV.K.11 

of this Ruling. 

(b) The reviewing authority shall have 

discretion to reopen the PAL permit for the 

following: 

(1) Reduce the PAL to reflect newly 

applicable Federal requirements (for 

example, NSPS) with compliance dates after 

the PAL effective date. 

(2) Reduce the PAL consistent with any 

other requirement, that is enforceable as a 

practical matter, and that the State may 

impose on the major stationary source under 

the plan. 

(3) Reduce the PAL if the reviewing 

authority determines that a reduction is 

necessary to avoid causing or contributing to 

a NAAQS or PSD increment violation, or to 

an adverse impact on an air quality related 

value that has been identified for a Federal 

Class I area by a Federal Land Manager and 

for which information is available to the 

general public. 

(c) Except for the permit reopening in 

paragraph IV.K.8(ii)(a)(1) of this Ruling for 

the correction of typographical/calculation 

errors that do not increase the PAL level, all 

other reopenings shall be carried out in 

accordance with the public participation 

requirements of paragraph IV.K.5 of this 

Ruling. 

9. Expiration of a PAL. Any PAL which is 

not renewed in accordance with the 

procedures in paragraph IV.K.10 of this 

Ruling shall expire at the end of the PAL 

effective period, and the requirements in 

paragraphs IV.K.9(i) through (v) of this 

Ruling shall apply. 

(i) Each emissions unit (or each group of 

emissions units) that existed under the PAL 

shall comply with an allowable emission 

limitation under a revised permit established 

according to the procedures in paragraphs 

IV.K.9(i)(a) through (b) of this Ruling. 

(a) Within the time frame specified for PAL 

renewals in paragraph IV.K.10(ii) of this 

Ruling, the major stationary source shall 

submit a proposed allowable emission 

limitation for each emissions unit (or each 

group of emissions units, if such a 

distribution is more appropriate as decided 

by the reviewing authority) by distributing 

the PAL allowable emissions for the major 

stationary source among each of the 

emissions units that existed under the PAL. 

If the PAL had not yet been adjusted for an 

applicable requirement that became effective 

during the PAL effective period, as required 

under paragraph IV.K.10(v) of this Ruling, 

such distribution shall be made as if the PAL 

had been adjusted. 

(b) The reviewing authority shall decide 

whether and how the PAL allowable 

emissions will be distributed and issue a 

revised permit incorporating allowable limits 

for each emissions unit, or each group of 

emissions units, as the reviewing authority 

determines is appropriate. 

(ii) Each emissions unit(s) shall comply 

with the allowable emission limitation on a 

12-month rolling basis. The reviewing 

authority may approve the use of monitoring 

systems (source testing, emission factors, 

etc.) other than CEMS, CERMS, PEMS or 

CPMS to demonstrate compliance with the 

allowable emission limitation. 

(iii) Until the reviewing authority issues 

the revised permit incorporating allowable 

limits for each emissions unit, or each group 

of emissions units, as required under 

paragraph IV.K.9(i)(a) of this Ruling, the 

source shall continue to comply with a 

source-wide, multi-unit emissions cap 

equivalent to the level of the PAL emission 

limitation. 

(iv) Any physical change or change in the 

method of operation at the major stationary 

source will be subject to the nonattainment 

major NSR requirements if such change 

meets the definition of major modification in 

paragraph II.A.5 of this Ruling. 

(v) The major stationary source owner or 

operator shall continue to comply with any 

State or Federal applicable requirements 

(BACT, RACT, NSPS, etc.) that may have 

applied either during the PAL effective 

period or prior to the PAL effective period 

except for those emission limitations that had 

been established pursuant to paragraph IV.F 

of this Ruling, but were eliminated by the 

PAL in accordance with the provisions in 

paragraph IV.K.1(iii)(c) of this Ruling. 

10. Renewal of a PAL. 

(i) The reviewing authority shall follow the 

procedures specified in paragraph IV.K.5 of 

this Ruling in approving any request to 

renew a PAL for a major stationary source, 

and shall provide both the proposed PAL 

level and a written rationale for the proposed 

PAL level to the public for review and 

comment. During such public review, any 

person may propose a PAL level for the 

source for consideration by the reviewing 

authority. 

(ii) Application deadline. The major 

stationary source owner or operator shall 

submit a timely application to the reviewing 

authority to request renewal of a PAL. A 

timely application is one that is submitted at 

least 6 months prior to, but not earlier than 

18 months from, the date of permit 

expiration. This deadline for application 

submittal is to ensure that the permit will not 

expire before the permit is renewed. If the 

owner or operator of a major stationary 

source submits a complete application to 

renew the PAL within this time period, then 

the PAL shall continue to be effective until 

the revised permit with the renewed PAL is 

issued. 

(iii) Application requirements. The 

application to renew a PAL permit shall 

contain the information required in 

paragraphs IV.K.10(iii)(a) through (d) of this 

Ruling. 

(a) The information required in paragraphs 

IV.K.3(i) through (iii) of this Ruling. 

(b) A proposed PAL level. 

(c) The sum of the potential to emit of all 

emissions units under the PAL (with 

supporting documentation). 

(d) Any other information the owner or 

operator wishes the reviewing authority to 

consider in determining the appropriate level 

for renewing the PAL. 

(iv) PAL adjustment. In determining 

whether and how to adjust the PAL, the 

reviewing authority shall consider the 

options outlined in paragraphs IV.K.10(iv)(a) 

and (b) of this Ruling. However, in no case 

may any such adjustment fail to comply with 

paragraph IV.K.10(iv)(c) of this Ruling. 

(a) If the emissions level calculated in 

accordance with paragraph IV.K.6 of this 

Ruling is equal to or greater than 80 percent 

of the PAL level, the reviewing authority may 

renew the PAL at the same level without 

considering the factors set forth in paragraph 

IV.K.10(iv)(b) of this Ruling; or 

(b) The reviewing authority may set the 

PAL at a level that it determines to be more 

representative of the source’s baseline actual 

emissions, or that it determines to be 

appropriate considering air quality needs, 

advances in control technology, anticipated 

economic growth in the area, desire to 

reward or encourage the source’s voluntary 

emissions reductions, or other factors as 

specifically identified by the reviewing 

authority in its written rationale. 

(c) Notwithstanding paragraphs 

IV.K.10(iv)(a) and (b) of this Ruling, 

(1) If the potential to emit of the major 

stationary source is less than the PAL, the 

reviewing authority shall adjust the PAL to 

a level no greater than the potential to emit 

of the source; and 

(2) The reviewing authority shall not 

approve a renewed PAL level higher than the 

current PAL, unless the major stationary 

source has complied with the provisions of 

paragraph IV.K.11 of this Ruling (increasing 

a PAL). 

(v) If the compliance date for a State or 

Federal requirement that applies to the PAL 

source occurs during the PAL effective 

period, and if the reviewing authority has not 

already adjusted for such requirement, the 

PAL shall be adjusted at the time of PAL 

permit renewal or title V permit renewal, 

whichever occurs first. 

11. Increasing a PAL during the PAL 

effective period. 

(i) The reviewing authority may increase a 

PAL emission limitation only if the major 

stationary source complies with the 

provisions in paragraphs IV.K.11(i)(a) 

through (d) of this Ruling. 

(a) The owner or operator of the major 

stationary source shall submit a complete 

application to request an increase in the PAL 

limit for a PAL major modification. Such 

application shall identify the emissions 

unit(s) contributing to the increase in 

emissions so as to cause the major stationary 

source’s emissions to equal or exceed its 

PAL. 

(b) As part of this application, the major 

stationary source owner or operator shall 

demonstrate that the sum of the baseline 

actual emissions of the small emissions units, 

plus the sum of the baseline actual emissions 

of the significant and major emissions units 

assuming application of BACT equivalent 

controls, plus the sum of the allowable 

emissions of the new or modified emissions 

unit(s) exceeds the PAL. The level of control 

that would result from BACT equivalent 

controls on each significant or major 

emissions unit shall be determined by 

conducting a new BACT analysis at the time 

the application is submitted, unless the 

emissions unit is currently required to 

comply with a BACT or LAER requirement 

that was established within the preceding 10 

years. In such a case, the assumed control 

level for that emissions unit shall be equal to 

the level of BACT or LAER with which that 

emissions unit must currently comply. 


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Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 10379 

(c) The owner or operator obtains a major 

NSR permit for all emissions unit(s) 

identified in paragraph IV.K.11(i)(a) of this 

Ruling, regardless of the magnitude of the 

emissions increase resulting from them (that 

is, no significant levels apply). These 

emissions unit(s) shall comply with any 

emissions requirements resulting from the 

nonattainment major NSR program process 

(for example, LAER), even though they have 

also become subject to the PAL or continue 

to be subject to the PAL. 

(d) The PAL permit shall require that the 

increased PAL level shall be effective on the 

day any emissions unit that is part of the PAL 

major modification becomes operational and 

begins to emit the PAL pollutant. 

(ii) The reviewing authority shall calculate 

the new PAL as the sum of the allowable 

emissions for each modified or new 

emissions unit, plus the sum of the baseline 

actual emissions of the significant and major 

emissions units (assuming application of 

BACT equivalent controls as determined in 

accordance with paragraph IV.K.11(i)(b)), 

plus the sum of the baseline actual emissions 

of the small emissions units. 

(iii) The PAL permit shall be revised to 

reflect the increased PAL level pursuant to 

the public notice requirements of paragraph 

IV.K.5 of this Ruling. 

12. Monitoring requirements for PALs. 

(i) General Requirements. 

(a) Each PAL permit must contain 

enforceable requirements for the monitoring 

system that accurately determines plantwide 

emissions of the PAL pollutant in terms of 

mass per unit of time. Any monitoring 

system authorized for use in the PAL permit 

must be based on sound science and meet 

generally acceptable scientific procedures for 

data quality and manipulation. Additionally, 

the information generated by such system 

must meet minimum legal requirements for 

admissibility in a judicial proceeding to 

enforce the PAL permit. 

(b) The PAL monitoring system must 

employ one or more of the four general 

monitoring approaches meeting the 

minimum requirements set forth in 

paragraphs IV.K.12(ii)(a) through (d) of this 

Ruling and must be approved by the 

reviewing authority. 

(c) Notwithstanding paragraph IV.K.12(i)(b) 

of this Ruling, you may also employ an 

alternative monitoring approach that meets 

paragraph IV.K.12(i)(a) of this Ruling if 

approved by the reviewing authority. 

(d) Failure to use a monitoring system that 

meets the requirements of this Ruling renders 

the PAL invalid. 

(ii) Minimum Performance Requirements 

for Approved Monitoring Approaches. The 

following are acceptable general monitoring 

approaches when conducted in accordance 

with the minimum requirements in 

paragraphs IV.K.12(iii) through (ix) of this 

Ruling: 

(a) Mass balance calculations for activities 

using coatings or solvents; 

(b) CEMS; 

(c) CPMS or PEMS; and 

(d) Emission Factors. 

(iii) Mass Balance Calculations. An owner 

or operator using mass balance calculations 

to monitor PAL pollutant emissions from 

activities using coating or solvents shall meet 

the following requirements: 

(a) Provide a demonstrated means of 

validating the published content of the PAL 

pollutant that is contained in or created by 

all materials used in or at the emissions unit; 

(b) Assume that the emissions unit emits 

all of the PAL pollutant that is contained in 

or created by any raw material or fuel used 

in or at the emissions unit, if it cannot 

otherwise be accounted for in the process; 

and 

(c) Where the vendor of a material or fuel, 

which is used in or at the emissions unit, 

publishes a range of pollutant content from 

such material, the owner or operator must 

use the highest value of the range to calculate 

the PAL pollutant emissions unless the 

reviewing authority determines there is sitespecific data or a site-specific monitoring 

program to support another content within 

the range. 

(iv) CEMS. An owner or operator using 

CEMS to monitor PAL pollutant emissions 

shall meet the following requirements: 

(a) CEMS must comply with applicable 

Performance Specifications found in 40 CFR 

part 60, appendix B; and 

(b) CEMS must sample, analyze and record 

data at least every 15 minutes while the 

emissions unit is operating. 

(v) CPMS or PEMS. An owner or operator 

using CPMS or PEMS to monitor PAL 

pollutant emissions shall meet the following 

requirements: 

(a) The CPMS or the PEMS must be based 

on current site-specific data demonstrating a 

correlation between the monitored 

parameter(s) and the PAL pollutant 

emissions across the range of operation of the 

emissions unit; and 

(b) Each CPMS or PEMS must sample, 

analyze, and record data at least every 15 

minutes, or at another less frequent interval 

approved by the reviewing authority, while 

the emissions unit is operating. 

(vi) Emission factors. An owner or operator 

using emission factors to monitor PAL 

pollutant emissions shall meet the following 

requirements: 

(a) All emission factors shall be adjusted, 

if appropriate, to account for the degree of 

uncertainty or limitations in the factors’

development; 

(b) The emissions unit shall operate within 

the designated range of use for the emission 

factor, if applicable; and 

(c) If technically practicable, the owner or 

operator of a significant emissions unit that 

relies on an emission factor to calculate PAL 

pollutant emissions shall conduct validation 

testing to determine a site-specific emission 

factor within 6 months of PAL permit 

issuance, unless the reviewing authority 

determines that testing is not required. 

(vii) A source owner or operator must 

record and report maximum potential 

emissions without considering enforceable 

emission limitations or operational 

restrictions for an emissions unit during any 

period of time that there is no monitoring 

data, unless another method for determining 

emissions during such periods is specified in 

the PAL permit. 

(viii) Notwithstanding the requirements in 

paragraphs IV.K.12(iii) through (vii) of this 

Ruling, where an owner or operator of an 

emissions unit cannot demonstrate a 

correlation between the monitored 

parameter(s) and the PAL pollutant 

emissions rate at all operating points of the 

emissions unit, the reviewing authority shall, 

at the time of permit issuance: 

(a) Establish default value(s) for 

determining compliance with the PAL based 

on the highest potential emissions reasonably 

estimated at such operating point(s); or 

(b) Determine that operation of the 

emissions unit during operating conditions 

when there is no correlation between 

monitored parameter(s) and the PAL 

pollutant emissions is a violation of the PAL. 

(ix) Re-validation. All data used to 

establish the PAL pollutant must be revalidated through performance testing or 

other scientifically valid means approved by 

the reviewing authority. Such testing must 

occur at least once every 5 years after 

issuance of the PAL. 

13. Recordkeeping requirements. 

(i) The PAL permit shall require an owner 

or operator to retain a copy of all records 

necessary to determine compliance with any 

requirement of paragraph IV.K of this Ruling 

and of the PAL, including a determination of 

each emissions unit’s 12-month rolling total 

emissions, for 5 years from the date of such 

record. 

(ii) The PAL permit shall require an owner 

or operator to retain a copy of the following 

records for the duration of the PAL effective 

period plus 5 years: 

(a) A copy of the PAL permit application 

and any applications for revisions to the 

PAL; and 

(b) Each annual certification of compliance 

pursuant to title V and the data relied on in 

certifying the compliance. 

14. Reporting and notification 

requirements. The owner or operator shall 

submit semi-annual monitoring reports and 

prompt deviation reports to the reviewing 

authority in accordance with the applicable 

title V operating permit program. The reports 

shall meet the requirements in paragraphs 

IV.K.14(i) through (iii). 

(i) Semi-Annual Report. The semi-annual 

report shall be submitted to the reviewing 

authority within 30 days of the end of each 

reporting period. This report shall contain 

the information required in paragraphs 

IV.K.14(i)(a) through (g) of this Ruling. 

(a) The identification of owner and 

operator and the permit number. 

(b) Total annual emissions (tons/year) 

based on a 12-month rolling total for each 

month in the reporting period recorded 

pursuant to paragraph IV.K.13(i) of this 

Ruling. 

(c) All data relied upon, including, but not 

limited to, any Quality Assurance or Quality 

Control data, in calculating the monthly and 

annual PAL pollutant emissions. 

(d) A list of any emissions units modified 

or added to the major stationary source 

during the preceding 6-month period. 

(e) The number, duration, and cause of any 

deviations or monitoring malfunctions (other 

than the time associated with zero and span 

calibration checks), and any corrective action 

taken. 

(f) A notification of a shutdown of any 

monitoring system, whether the shutdown 


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10380 Federal Register / Vol. 72, No. 45 / Thursday, March 8, 2007 / Rules and Regulations 

was permanent or temporary, the reason for 

the shutdown, the anticipated date that the 

monitoring system will be fully operational 

or replaced with another monitoring system, 

and whether the emissions unit monitored by 

the monitoring system continued to operate, 

and the calculation of the emissions of the 

pollutant or the number determined by 

method included in the permit, as provided 

by paragraph IV.K.12(vii) of this Ruling. 

(g) A signed statement by the responsible 

official (as defined by the applicable title V 

operating permit program) certifying the 

truth, accuracy, and completeness of the 

information provided in the report. 

(ii) Deviation report. The major stationary 

source owner or operator shall promptly 

submit reports of any deviations or 

exceedance of the PAL requirements, 

including periods where no monitoring is 

available. A report submitted pursuant to 

§ 70.6(a)(3)(iii)(B) of this chapter shall satisfy 

this reporting requirement. The deviation 

reports shall be submitted within the time 

limits prescribed by the applicable program 

implementing § 70.6(a)(3)(iii)(B) of this 

chapter. The reports shall contain the 

following information: 

(a) The identification of owner and 

operator and the permit number; 

(b) The PAL requirement that experienced 

the deviation or that was exceeded; 

(c) Emissions resulting from the deviation 

or the exceedance; and 

(d) A signed statement by the responsible 

official (as defined by the applicable title V 

operating permit program) certifying the 

truth, accuracy, and completeness of the 

information provided in the report. 

(iii) Re-validation results. The owner or 

operator shall submit to the reviewing 

authority the results of any re-validation test 

or method within 3 months after completion 

of such test or method. 

15. Transition requirements. 

(i) No reviewing authority may issue a PAL 

that does not comply with the requirements 

in paragraphs IV.K.1 through 15 of this 

Ruling after the date that this Ruling becomes 

effective for the State in which the major 

stationary source is located. 

(ii) The reviewing authority may supersede 

any PAL which was established prior to the 

date that this Ruling becomes effective for the 

State in which the major stationary source is 

located with a PAL that complies with the 

requirements of paragraphs IV.K.1 through 15 

of this Ruling. 

L. Severability. If any provision of this 

Ruling, or the application of such provision 

to any person or circumstance, is held 

invalid, the remainder of this Ruling, or the 

application of such provision to persons or 

circumstances other than those as to which 

it is held invalid, shall not be affected 

thereby. 

[FR Doc. E7–3888 Filed 3–7–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2006–1015; FRL–8285–1] 

Approval and Promulgation of 

Implementation Plans; Iowa; Interstate 

Transport of Pollution 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is revising the Iowa State 

Implementation Plan (SIP) for the 

purpose of approving the Iowa 

Department of Natural Resources’

(IDNR) actions to address the ‘‘good 

neighbor’’ provisions of the Clean Air 

Act section 110(a)(2)(D)(i). These 

provisions require each state to submit 

a SIP that prohibits emissions that 

adversely affect another state’s air 

quality through interstate transport. 

IDNR has adequately addressed the four 

distinct elements related to the impact 

of interstate transport of air pollutants. 

These include prohibiting significant 

contribution to downwind 

nonattainment of the National Ambient 

Air Quality Standards (NAAQS), 

interference with maintenance of the 

NAAQS, prevention of significant 

deterioration of air quality, and 

protection of visibility. The 

requirements for public notification 

were also met by IDNR. 

DATES: This direct final rule will be 

effective May 7, 2007, without further 

notice, unless EPA receives adverse 

comment by April 9, 2007. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07–

OAR–2006–1015, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: Hamilton.heather@epa.gov. 

3. Mail: Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier. Deliver 

your comments to Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2006–

1015. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton at (913) 551–7039, or 

by e-mail at Hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 


pwalker on PROD1PC71 with RULES