1

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51 and 52

[EPA-HQ-OAR-2004-0014: FRL- ]

RIN 2060-AP73

Prevention of Significant Deterioration (PSD) and Nonattainment 

New Source Review (NSR): Inclusion of Fugitive Emissions; 

Interim Final Rule; Stay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule; stay.

SUMMARY: EPA is making an interim final determination to 

provide an additional stay of the regulations concerning the 

inclusion of fugitive emissions.

DATES: This interim final determination is effective on 

December 31, 2009, and will expire on March 31, 2010.

ADDRESSES: EPA has established a docket for this action under 

Docket ID No. EPA-HQ-OAR-2004-0014. All documents in the docket 

are listed in the Federal Docket Management System index at 

http://www.regulations.gov. 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 
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http://www.regulations.gov or in hard copy at the Air and 

Radiation Docket, EPA West Building, 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 and Radiation Docket is (202) 566-1742.

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 number (919) 541-5509; or e-mail 

address: wheeler.carrie@epa.gov.

SUPPLEMENTARY INFORMATION:

Regulated entities. 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 SICa 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 286 325110, 325132, 325192, 
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Chemicals 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

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a Standard Industrial Classification

b North American Industry Classification System.

Entities potentially affected by this action also include 

state, local, and tribal governments.

World Wide Web. In addition to being available in the docket, 

an electronic copy of this final rule will also be available on 

the World Wide Web. Following signature by the EPA 

Administrator, a copy of this final rule will be posted in the 

regulations and standards section of our New Source Review (NSR)

home page located at http://www.epa.gov/nsr.
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Organization of this Document. The following outline is 

provided to aid in locating information in this preamble.

I. Background Information

II. What action is EPA taking?

III. Statutory and Executive Order Reviews

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 LowIncome Populations

K. Congressional Review Act

IV. Statutory Authority

I. Background Information

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 Clean Air Act (CAA). The final rule amended all 

portions of the major NSR program regulations: permit 

requirements, the PSD program, and the emission offset 
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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 

Prevention of Significant Deterioration (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. 

II. What action is EPA taking?

We are making an interim final determination to provide an 

additional stay for 3 months. The 3-month stay that began on 

September 30, 2009 expires on December 30, 2009. At that time, 

facilities will be required to comply with the final rule as 

 

1 John Walke, NRDC, EPA-HQ-OAR-2004-0014-0060.

2 Lisa Jackson, US EPA, EPA-HQ-OAR-2004-0014-0062
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published [73 FR 77882] unless an additional stay is set in 

place. EPA intends to publish a notice in the near future that 

will propose an additional stay of the Fugitive Emissions during 

the time period while EPA reconsiders the rule. Since that 

proposed rule has not yet published, any resulting final action 

that EPA takes will likely occur after December 30, 2009. EPA 

is invoking the good cause exception under the Administrative 

Procedure Act (APA) in not providing an opportunity to comment 

before this action takes effect (5 U.S.C. 553(b)(3)).

EPA believes that notice-and-comment rulemaking before the 

effective date of this action is impracticable and contrary to 

the public interest. EPA has stated in the reconsideration and 

stay notices (74 FR 188) the reason for granting the 3-month 

stay. As this reason remains valid, we believe it is still 

appropriate for a stay to be in effect until we have reached a 

final decision on the reconsideration. The initial stay expires 

on December 30, 2009, and EPA does not believe it can complete 

notice and comment rulemaking to provide an additional stay 

before that date. It is not in the public’s best interest to 

require compliance with the rules as published during the gap 

between the two dates. Therefore, EPA believes that it is 

necessary to use the interim final rulemaking process to provide 

an additional stay while the public has an opportunity to 

comment on the upcoming proposed action. EPA anticipates 

completing that action by March 31, 2010.
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III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), 

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 provides an additional stay of the regulations at 40 

CFR parts 51 and 52 concerning the inclusion of fugitive 

emissions.

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. The OMB control numbers 

for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

This interim final rule is not subject to the Regulatory 

Flexibility Act (RFA), which generally requires an agency to 

prepare a regulatory flexibility analysis for any rule that will 
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have a significant economic impact on a substantial number of 

small entities. The RFA applies only to rules subject to notice 

and comment rulemaking requirements under the APA or any other 

statute. This rule is not subject to notice and comment 

requirements under the APA or any other statute because, 

although the rule is subject to the APA, the Agency has invoked 

the “good cause” exemption under 5 U.S.C. 553(b); therefore, it 

is not subject to the notice and comment requirement. 

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. This 

action only provides for 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 UMRA.

This action 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. This action only provides an additional stay of

the regulations at 40 CFR parts 51 and 52 concerning the 

inclusion of fugitive emissions and does not impose any 

additional enforceable duty.
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E. Executive Order 13132: Federalism

This action 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 provides an additional stay of the regulations at 40 

CFR parts 51 and 52 concerning the inclusion of fugitive 

emissions. Thus, EO 13132 does not apply to this rule. 

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 Executive Order 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 Executive Order has the potential to 

influence the regulation. This action is not subject to 

Executive Order 13045 because this action only provides an 

additional stay of the regulations at 40 CFR parts 51 and 52 
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concerning the inclusion of fugitive emissions. 

H. Executive Order 13211: Actions Concerning Regulations That 

Significantly Affect Energy Supply, Distribution, or Use

This action is not a “significant energy action” as defined 

in Executive Order 13211 (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 action only 

provides an additional stay of the regulations at 40 CFR parts 

51 and 52 concerning the inclusion of fugitive emissions. 

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (“NTTAA”), Public Law No. 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 action does not involve technical standards. 

Therefore, EPA is not considering the use of any voluntary 

consensus standards. 
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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 action will not have a 

disproportionately high and adverse human health or 

environmental effects on minority or low income populations 

because it only provides an additional stay of the regulations 

at 40 CFR parts 51 and 52 concerning the inclusion of fugitive 

emissions.

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 
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and to the Comptroller General of the United States. Section 808 

allows the issuing agency to make a rule effective sooner than 

otherwise provided by the CRA if the agency makes a good cause 

finding that notice and public procedure is impracticable, 

unnecessary, or contrary to the public interest. This 

determination must be supported by a brief statement, 5 U.S.C. 

808(2). As stated previously, EPA has made such a good cause 

finding, including the reasons therefore, and established an 

effective date of December 31, 2009. EPA will submit a report 

containing this rule and other required information to the 

United States Senate, the United States House of 

Representatives, and the Comptroller General of the United 

States prior to publication of the rule in the Federal Register. 

This action is not a “major rule” as defined by 5 U.S.C. 804(2).

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)). 
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Page 13 of 23 - Prevention of Significant Deterioration (PSD) 

and Nonattainment New Source Review (NSR): Inclusion of Fugitive 

Emissions; Proposal to Extend Administrative Stay 

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, Intergovernmental 

relation, Lead, Nitrogen dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping requirements, Sulfur oxides, 

Transportation, Volatile Organic compounds.

_______________________________

Dated:

_______________________________

Lisa P. Jackson,

Administrator.
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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 December 31, 2009, 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 

March 31, 2010.

3. Effective December 31, 2009 through March 31, 2010, 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:
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(i) Coal cleaning plants (with thermal dryers);

 (ii) Kraft pulp mills;

 (iii) Portland cement plants;

 (iv) Primary zinc smelters;

 (v) Iron and steel mills;

 (vi) Primary aluminum ore reduction plants;

 (vii) Primary copper smelters;

 (viii) Municipal incinerators capable of charging more than

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;
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 (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 December 31, 2009, 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 December 31, 2009 through March 31, 2010, 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)***
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(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;
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 (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 December 31, 2009, 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), 
19

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

stayed until March 31, 2010.

7. Effective December 31, 2009 through March 31, 2010, 

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;
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 (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;
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 (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 December 31, 2009, 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 March 31, 2010.

10. Effective December 31, 2009 through March 31, 2010, 

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 
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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 
23

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

* * * * *