16012 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a 

temporary safety zone to protect the 

public from dangerous water conditions. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0198 to read as 

follows: 

§ 165.T09–0198 Safety zone; Red River, 

MN. 

(a) Location. The following area is a 

temporary safety zone: All navigable 

waters of the Red River in the State of 

Minnesota north of a line drawn across 

latitude 46°20′00′′ N, including those 

portions of the river in Wilkin, Clay, 

Norman, Polk, Marshall and Kittson 

counties, to the United States-Canada 

international border. 

(b) Enforcement period. This rule is 

effective from 12 p.m. on March 19, 

2010 until 5 p.m. on April 24, 2010. If 

the river conditions change such that 

enforcement of the safety zone is 

unnecessary prior to 5 p.m. on April 24, 

2010, the COTP will notify the public 

via a Broadcast Notice to Mariners. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Duluth, or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Duluth or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Duluth 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port Duluth or his on-scene 

representative. 

March 19, 2010. 

M.P. Lebsack, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2010–7158 Filed 3–30–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2004–0014: FRL–9131–9; 

2060–AP73] 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR): Inclusion of Fugitive 

Emissions; Final Rule; Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this final action, EPA is 

issuing a stay for 18 months of the 

inclusion of fugitive emissions 

requirements in the federal Prevention 

of Significant Deterioration (PSD) 

program published in the Federal 

Register on December 19, 2008, in the 

final rule entitled, ‘‘Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NSR): Reconsideration of Fugitive 

Emissions’’ (‘‘Fugitive Emissions Rule’’). 

The Fugitive Emissions Rule under the 

federal PSD program requires that 

fugitive emissions be included in 

determining whether a physical or 

operational change results in a major 

modification only for sources in 

industries that have been designated 

through rulemaking under section 302(j) 

of the Clean Air Act (Act or CAA). The 

existing stay is in effect for 3 months; 

that is, from December 31, 2009 until 

March 31, 2010. This action puts in 

place an additional stay for 18 months, 

which we believe will allow for 

sufficient time for EPA to propose, take 

public comment on, and issue a final 

action concerning the inclusion of 

fugitive emissions in the federal PSD 

program. 

DATES: The amendments to 40 CFR parts 

51 and 52 in this rule are effective from 

April 1, 2010 through October 3, 2011. 

Effective April 1, 2010, the following 

Code of Federal Regulations sections are 

administratively stayed until October 3, 

2011: 40 CFR 51.165(a)(1)(v)(G), 

(a)(1)(vi)(C)(3), (a)(1)(ix), 

(a)(1)(xxviii)(B)(2), (a)(1)(xxviii)(B)(4), 

(a)(1)(xxxv)(A)(1), (a)(1)(xxxv)(B)(1), 

(a)(1)(xxxv)(C), (a)(1)(xxxv)(D), 

(a)(2)(ii)(B), (a)(6)(iii), (a)(6)(iv), and 

(f)(4)(i)(D); 40 CFR 51.166, (a)(7)(iv)(b), 

(b)(2)(v), (b)(3)(iii)(c), (b)(3)(iii)(d), 

(b)(20), (b)(40)(ii)(b), (b)(40)(ii)(d), 

(b)(47)(i)(a), (b)(47)(ii)(a), (b)(47)(iii), 

(b)(47)(iv), (r)(6)(iii) and (r)(6)(iv), and 

(w)(4)(i)(d); 40 CFR part 51, Appendix 

S, paragraphs II.A.5(vii), II.A.6(iii), 

II.A.9, II.A.24(ii)(b), II.A.24(ii)(d), 

II.A.30(i)(a), II.A.30(ii)(a), II.A.30(iii), 

II.A.30(iv), IV.I.1(ii), IV.J.3, IV.J.4, and 

IV.K.4(i)(d); and 40 CFR 52.21, 

(a)(2)(iv)(b), (b)(2)(v), (b)(3)(iii)(b), 

(b)(3)(iii)(c), (b)(20), (b)(41)(ii)(b), 

(b)(41)(ii)(d), (b)(48)(i)(a), (b)(48)(ii)(a), 

(b)(48)(iii), (b)(48)(iv), (r)(6)(iii), 

(r)(6)(iv), and (aa)(4)(i)(d). 

ADDRESSES: Docket: All documents in 

the docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., confidential 

business information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. 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) 566–1742, 

and the telephone number for the Air 

Docket is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Wheeler, Air Quality Policy 

Division, (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number (919) 541–9771; fax 


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1 John Walke, NRDC, EPA–HQ–OAR–2004–0014– 

0060. 

2Lisa Jackson, U.S. EPA, EPA–HQ–OAR–2004– 

0014–0062. 

number (919) 541–5509; or e-mail 

address: wheeler.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action include sources in all industry 

groups. The majority of sources 

potentially affected are expected to be in 

the following groups. 

Industry group 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. 

Mining ........................................................................... 211, 212, 213 ............ 21. 

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

a Standard Industrial Classification. b North American Industry Classification System. 

Entities potentially affected by the 

subject rule for this proposed action also 

include state, local, and tribal 

governments. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this final 

rule is also be available on the World 

Wide Web in the regulations and 

standards section of our NSR home page 

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

C. How is this preamble organized? 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

C. How is this preamble organized? 

II. This Action 

A. Background 

B. Final Rule 

C. Comments and Responses 

D. Basis for Making This Rule Effective on 

the Date of Publication 

III. Statutory and Executive Order Review 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Determination Under Section 307(d) 

L. The Congressional Review Act 

M. Basis for Making This Rule Effective on 

the Date of Publication 

IV. Statutory Authority 

II. This Action 

A. Background 

On December 19, 2008, the EPA 

(‘‘we’’) issued a final rule revising our 

requirements of the major NSR 

programs regarding the treatment of 

fugitive emissions (‘‘Fugitive Emissions 

Rule’’). 73 FR 77882. The final rule 

required fugitive emissions to be 

included in determining whether a 

physical or operational change results in 

a major modification only for sources in 

industries that have been designated 

through rulemaking under section 302(j) 

of the CAA. The final rule amended all 

portions of the major NSR program 

regulations: Permit requirements, the 

PSD program, and the emission offset 

interpretive ruling. 

On February 17, 2009, the Natural 

Resources Defense Council submitted a 

petition for reconsideration of the 

December 2008 final rule as provided 

for in CAA 307(d)(7)(B).1

On April 24, 2009, we responded to 

the February 17, 2009 petition by letter 

indicating that we were convening a 

reconsideration proceeding for the 

inclusion of fugitive emissions 

challenged in the petition and granting 

a 3-month administrative stay of the 

rule contained in the federal PSD 

program at 40 CFR parts 51 and 52. The 

letter also indicated that we would 

publish a notice of proposed rulemaking 

‘‘in the near future’’ to address the 

specific issues for which we are granting 

reconsideration.2

The administrative stay of the 

Fugitive Emissions Rule became 

effective on September 30, 2009. See 74 

FR 50115, FR Doc. E9–23503. As noted 

above, our authority under section 

307(d)(7)(B) to stay a rule or portion 

thereof solely under the Administrator’s 

discretion is limited to 3 months. An 

interim final determination was made to 

provide an additional stay for 3 months. 

This additional stay became effective on 

December 31, 2009. See 74 FR 65692. 

B. Final Rule 

In this final rule we are staying the 

Fugitive Emissions Rule for 18 months. 

As described above, the same provisions 

were administratively stayed for 3 

months; however, that stay ended on 

December 30, 2009. To avoid a gap 

between the end of the stay and the 

proposed additional stay, an interim 

final determination was made to 

provide an additional stay for 3 months, 

ending on March 31, 2010. We believe 

the 18 month additional stay is needed 

and will provide adequate time for EPA 

to propose, take comment on, and issue 

a final action on issues that are 

associated with the inclusion of fugitive 

emissions. Therefore, we are issuing this 

stay of the final Fugitive Emissions Rule 

in the federal PSD program at 40 CFR 51 


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and 52 for 18 months, until October 3, 

2011. 

C. Comments and Responses 

When we proposed this stay on 

February 11, 2010, we did not take 

comment on any substantive issues 

concerning the inclusion of fugitive 

emissions in the NSR program as stated 

in the Fugitive Emissions Rule. 

Comments sought were to be limited to 

the issue of whether to establish this 

additional stay and how long this stay 

would be. [75 FR 6823 at 6825]. 

We received three comments on the 

proposal for this additional stay of the 

Fugitive Emissions Rule. The first 

commenter supported the additional 

stay for ‘‘18 months, 24 months, or 

however long it takes for the current 

administration to reverse the rule and 

return to EPA’s longstanding, lawful, 

and more protective approach.’’ 

One industry coalition commenter 

opposed the additional 18 month stay to 

‘‘take substantive action and facilitate 

resolution of this significant permit 

applicability issue.’’ Further, the 

commenter suggested that any delay 

‘‘makes compliance with already 

complex PSD and NSR rules just that 

more difficult.’’ No additional detail is 

provided regarding the difficulties with 

compliance for these rules. We agree 

with the industry coalition commenter 

that EPA should take substantive action 

to facilitate resolution of this 

applicability issue. However, we believe 

that 18 months is necessary to allow 

EPA sufficient time to propose, take 

public comment on, and issue a final 

action concerning the inclusion of 

fugitive emissions in the federal PSD 

program. The commenter does not 

provide further details to demonstrate 

how this stay negatively impacts 

compliance. In our view, it is imperative 

the Fugitive Emissions Rule continue to 

be stayed while we undergo the 

reconsideration process to reduce 

confusion. If it is effective during this 

process and the Rule is ultimately 

changed, it would only further 

complicate compliance with PSD and 

NSR rules, an issue of concern for the 

commenter. 

The final commenter did not 

comment specifically on the proposed 

additional stay, but instead stated that 

‘‘further reconsideration is 

unnecessary.’’ We believe this comment 

addresses the underlying substance of 

the Fugitive Emissions rule, which is 

beyond the scope of this action. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This action 

only issues a stay of the Fugitive 

Emissions Rule for 18 months. 

However, the Office of Management 

and Budget (OMB) has previously 

approved the information collection 

requirements contained in the existing 

regulations under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2060–0003 [EPA ICR 

No. 1230.21]. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this 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; and (3) a small 

organization that is any not-for-profit 

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, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any new 

requirements on small entities. We have 

determined that small businesses will 

not incur any adverse impacts because 

EPA is taking this action to propose an 

additional stay to the regulations at 40 

CFR parts 51 and 52 concerning the 

inclusion of fugitive emissions. No costs 

are associated with this amendment. 

D. Unfunded Mandates Reform Act 

This action does not contain a federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

state, local, and tribal governments, in 

the aggregate, or the private sector in 

any one year. This action only proposes 

to put in place an additional stay of the 

regulations at 40 CFR parts 51 and 52 

concerning the inclusion of fugitive 

emissions. Thus, this rule is not subject 

to the requirements of sections 202 or 

205 of the Unfunded Mandates Reform 

Act (UMRA). 

This final rule is also not subject to 

the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in EO 

13132. This action only stays the 

regulations at 40 CFR parts 51 and 52 

concerning the inclusion of fugitive 

emissions. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in EO 13175 

(65 FR 67249, November 9, 2000). This 

action will not impose any new 

obligations or enforceable duties on 

tribal governments. Thus, EO 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because this proposal only 

proposes to put in place an additional 

stay of the regulations at 40 CFR parts 

51 and 52 concerning the inclusion of 

fugitive emissions. 


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H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This final rulemaking does not 

involve technical standards. Therefore, 

EPA is not using any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority and/ 

or low income populations. This rule 

stays the regulations at 40 CFR parts 51 

and 52 concerning the inclusion of 

fugitive emissions. 

K. Determination Under Section 307(d) 

Pursuant to sections 307(d)(1)(J) and 

307(d)(1)(V) of the CAA, the 

Administrator determines that this 

action is subject to the provisions of 

section 307(d). Section 307(d)(1)(V) 

provides that the provisions of section 

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

the Administrator may determine.’’ 

L. The 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. 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 rule 

will be effective April 1, 2010. 

M. Basis for Making This Rule Effective 

on the Date of Publication 

Section 553(d) of the Administrative 

Procedure Act (APA), 5 U.S.C. 553(b), 

generally provides that rules may not 

take effect earlier than 30 days after they 

are published in the Federal Register. 

However, EPA is issuing this final rule 

under section 307(d)(1) of the CAA, 

which states: 

‘‘The provisions of section 553 through 557 

* * * of Title 5 shall not, except as expressly 

provided in this section, apply to actions to 

which this subsection applies.’’ 

Thus, section 553(d) of the APA does 

not apply to this rule. EPA is 

nevertheless acting consistently with 

the policies underlying APA section 

553(d) in making this rule effective on 

the date of publication. APA section 

553(d)(3) provides an exception when 

the agency finds good cause exists for a 

period less than 30 days before 

effectiveness. We find good cause exists 

to make this rule effective upon 

publication. A gap between the current 

stay that ends on March 31, 2010 and 

the effective date of this stay could 

result in administrative and regulatory 

confusion if the stayed provisions came 

back into effect, only to be stayed again 

a short time later. In order to avoid this 

potential gap, this rule is effective upon 

publication. 

IV. Statutory Authority 

The statutory authority for this action 

is provided by section 301(a) of the CAA 

as amended (42 U.S.C. 7601(a)). This 

notice is also subject to section 307(d) 

of the CAA (42 U.S.C. 7407(d)). 

List of Subjects 

40 CFR Part 51 

Administrative practices and 

procedures, Air pollution control, 

Carbon monoxide, Fugitive emissions, 

Intergovernmental relation, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, 

Transportation, Volatile organic 

compounds. 

40 CFR Part 52 

Administrative practices and 

procedures, Air pollution control, 

Carbon monoxide, Fugitive emissions, 

Incorporation by reference, 

Intergovernmental relation, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, 

Transportation, Volatile organic 

compounds. 

Dated: March 24, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons discussed in the 

preamble, the EPA amends 40 CFR parts 

51 and 52 as follows: 

PART 51—[AMENDED] 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

§ 51.165 [Amended] 

2. Effective April 1, 2010, 40 CFR 

51.165(a)(1)(v)(G), (a)(1)(vi)(C)(3), 

(a)(1)(ix), (a)(1)(xxviii)(B)(2), 

(a)(1)(xxviii)(B)(4), (a)(1)(xxxv)(A)(1), 

(a)(1)(xxxv)(B)(1), (a)(1)(xxxv)(C), 

(a)(1)(xxxv)(D), (a)(2)(ii)(B), (a)(6)(iii), 

(a)(6)(iv), and (f)(4)(i)(D) are stayed until 

October 3, 2011. 

3. Effective April 1, 2010 through 

October 3, 2011, amend 40 CFR 51.165 

to add paragraph (a)(4) to read as 

follows: 

§ 51.165 Permit requirements. 

(a) * * * 

(4) Each plan may provide that the 

provisions of this paragraph do not 

apply to a source or modification that 

would be a major stationary source or 

major modification only if fugitive 

emission to the extent quantifiable are 

considered in calculating the potential 

to emit of the stationary source or 

modification and the source does not 

belong to any of the following 

categories: 

(i) Coal cleaning plants (with thermal 

dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 


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(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction 

plants; 

(vii) Primary copper smelters; 

(viii) Municipal incinerators capable 

of charging more than 250 tons of refuse 

per day; 

(ix) Hydrofluoric, sulfuric, or citric 

acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing 

plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants (furnace 

process); 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production 

plants; 

(xx) Chemical process plants—The 

term chemical processing plant shall not 

include ethanol production facilities 

that produce ethanol by natural 

fermentation included in NAICS codes 

325193 or 312140; 

(xxi) Fossil-fuel boilers (or 

combination thereof) totaling more than 

250 million British thermal units per 

hour heat input; 

(xxii) Petroleum storage and transfer 

units with a total storage capacity 

exceeding 300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil fuel-fired steam electric 

plants of more than 250 million British 

thermal units per hour heat input; 

(xxvii) Any other stationary source 

category which, as of August 7, 1980, is 

being regulated under section 111 or 

112 of the Act. 

* * * * * 

§ 51.166 [Amended] 

■ 4. Effective April 1, 2010, 40 CFR 

51.166(a)(7)(iv)(b), (b)(2)(v), (b)(3)(iii)(c), 

(b)(3)(iii)(d), (b)(20), (b)(40)(ii)(b), 

(b)(40)(ii)(d), (b)(47)(i)(a), (b)(47)(ii)(a), 

(b)(47)(iii), (b)(47)(iv), (r)(6)(iii) and 

(r)(6)(iv), and (w)(4)(i)(d) are stayed 

until March 31, 2010. 

■ 5. Effective April 1, 2010 through 

October 3, 2011, amend 40 CFR 51.166 

to add paragraph (i)(l)(ii) to read as 

follows: 

§ 51.166 Prevention of significant 

deterioration of air quality. 

* * * * * 

(i) * * * 

(1) * * * 

(ii) The source or modification would 

be a major stationary source or major 

modification only if fugitive emissions, 

to the extent quantifiable, are 

considered in calculating the potential 

to emit of the stationary source or 

modification and such source does not 

belong to any following categories: 

(a) Coal cleaning plants (with thermal 

dryers); 

(b) Kraft pulp mills; 

(c) Portland cement plants; 

(d) Primary zinc smelters; 

(e) Iron and steel mills; 

(f) Primary aluminum ore reduction 

plants; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of 

charging more than 250 tons of refuse 

per day; 

(i) Hydrofluoric, sulfuric, or nitric 

acid plants; 

(j) Petroleum refineries; 

(k) Lime plants; 

(l) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 

(o) Carbon black plants (furnace 

process); 

(p) Primary lead smelters; 

(q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production 

plants; 

(t) Chemical process plants—The term 

chemical processing plant shall not 

include ethanol production facilities 

that produce ethanol by natural 

fermentation included in NAICS codes 

325193 or 312140; 

(u) Fossil-fuel boilers (or combination 

thereof) totaling more than 250 million 

British thermal units per hour heat 

input; 

(v) Petroleum storage and transfer 

units with a total storage capacity 

exceeding 300,000 barrels; 

(w) Taconite ore processing plants; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants; 

(z) Fossil fuel-fired steam electric 

plants of more than 250 million British 

thermal units per hour heat input; 

(aa) Any other stationary source 

category which, as of August 7, 1980, is 

being regulated under section 111 or 

112 of the Act; or 

* * * * * 

Appendix S to 40 CFR part 51 

[Amended] 

■ 6. Effective April 1, 2010, 40 CFR part 

51, Appendix S, paragraphs II.A.5(vii), 

II.A.6(iii), II.A.9, II.A.24(ii)(b), 

II.A.24(ii)(d), II.A.30(i)(a), II.A.30(ii)(a), 

II.A.30(iii), II.A.30(iv), IV.I.1(ii), IV.J.3, 

IV.J.4, and IV.K.4(i)(d) are stayed until 

October 3, 2011. 

■ 7. Effective April 1, 2010 through 

October 3, 2011, amend Appendix S to 

part 51 to add II.F to read as follows: 

Appendix S to Part 51—Emission Offset 

Interpretative Ruling 

* * * * * 

II. * * * 

F. Fugitive emission sources. Section IV.A. 

of this Ruling shall not apply to a source or 

modification that would be a major stationary 

source or major modification only if fugitive 

emissions, to the extent quantifiable, are 

considered in calculating the potential to 

emit of the stationary source or modification 

and such source does not belong to any 

following categories: 

(1) Coal cleaning plants (with thermal 

dryers); 

(2) Kraft pulp mills; 

(3) Portland cement plants; 

(4) Primary zinc smelters; 

(5) Iron and steel mills; 

(6) Primary aluminum ore reduction 

plants; 

(7) Primary copper smelters; 

(8) Municipal incinerators capable of 

charging more than 250 tons of refuse per 

day; 

(9) Hydrofluoric, sulfuric, or nitric acid 

plants; 

(10) Petroleum refineries; 

(11) Lime plants; 

(12) Phosphate rock processing plants; 

(13) Coke oven batteries; 

(14) Sulfur recovery plants; 

(15) Carbon black plants (furnace process); 

(16) Primary lead smelters; 

(17) Fuel conversion plants; 

(18) Sintering plants; 

(19) Secondary metal production plants; 

(20) Chemical process plants—The term 

chemical processing plant shall not include 

ethanol production facilities that produce 

ethanol by natural fermentation included in 

NAICS codes 325193 or 312140; 

(21) Fossil-fuel boilers (or combination 

thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(22) Petroleum storage and transfer units 

with a total storage capacity exceeding 

300,000 barrels; 

(23) Taconite ore processing plants; 

(24) Glass fiber processing plants; 

(25) Charcoal production plants; 

(26) Fossil fuel-fired steam electric plants 

of more than 250 million British thermal 

units per hour heat input; 

(27) Any other stationary source category 

which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the Act. 

* * * * * 

PART 52—[AMENDED] 

■ 8. The authority citation for part 52 

continues to read as follows: 

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

§ 52.21 [Amended] 

■ 9. Effective April 1, 2010, 40 CFR 

52.21, (a)(2)(iv)(b), (b)(2)(v), (b)(3)(iii)(b), 

(b)(3)(iii)(c), (b)(20),(b)(41)(ii)(b), 

(b)(41)(ii)(d), (b)(48)(i)(a),(b)(48)(ii)(a), 

(b)(48)(iii), (b)(48)(iv), (r)(6)(iii), 

(r)(6)(iv), and (aa)(4)(i)(d) are stayed 

until October 3, 2011. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Rules and Regulations 16017 

■ 10. Effective April 1, 2010 through 

October 3, 2011, amend 40 CFR 52.21 to 

add (i)(l)(vii) to read as follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(i) * * * 

(1) * * * 

(vii) The source or modification 

would be a major stationary source or 

major modification only if fugitive 

emissions, to the extent quantifiable, are 

considered in calculating the potential 

to emit of the stationary source or 

modification and the source does not 

belong to any of the following 

categories: 

(a) Coal cleaning plants (with thermal 

dryers); 

(b) Kraft pulp mills; 

(c) Portland cement plants; 

(d) Primary zinc smelters; 

(e) Iron and steel mills; 

(f) Primary aluminum ore reduction 

plants; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of 

charging more than 250 tons of refuse 

per day; 

(i) Hydrofluoric, sulfuric, or nitric 

acid plants; 

(j) Petroleum refineries; 

(k) Lime plants; 

(l) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 

(o) Carbon black plants (furnace 

process); 

(p) Primary lead smelters; 

(q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production 

plants; 

(t) Chemical process plants—The term 

chemical processing plant shall not 

include ethanol production facilities 

that produce ethanol by natural 

fermentation included in NAICS codes 

325193 or 312140; 

(u) Fossil-fuel boilers (or combination 

thereof) totaling more than 250 million 

British thermal units per hour heat 

input; 

(v) Petroleum storage and transfer 

units with a total storage capacity 

exceeding 300,000 barrels; 

(w) Taconite ore processing plants; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants; 

(z) Fossil fuel-fired steam electric 

plants of more than 250 million British 

thermal units per hour heat input; 

(aa) Any other stationary source 

category which, as of August 7, 1980, is 

being regulated under section 111 or 

112 of the Act; or 

* * * * * 

[FR Doc. 2010–7036 Filed 3–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0714; FRL–8816–3] 

Cloquintocet-mexyl; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is amending 40 CFR 

180.560 to add a reference to the active 

ingredient flucarbazone-sodium (wheat 

only) to the tolerance for the inert 

ingredient cloquintocet-mexyl (acetic 

acid [(5-chloro-8-quinolinyl) oxy]-, 1- 

methylhexyl ester; CAS Reg. No. 99607– 

70–2) and its acid metabolite (5-chloro8-quinolinoxyacetic acid) on wheat 

forage, wheat grain, wheat hay, and 

wheat straw. Arysta LifeScience North 

America, LLC requested this tolerance 

amendment under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 31, 2010. Objections and requests 

for hearings must be received on or 

before June 1, 2010, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0714. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Karen Samek, Registration division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8825; e-mail address: 

samek.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Get Electronic Access to 

Other Related Information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2009–0714 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before June 1, 2010. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 


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