15656 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 

unable to arrive at the health care 

facility by the time of the scheduled 

appointment. 

(f) Temporary lodging may be 

furnished the night of the scheduled 

appointment if, after the appointment, 

the veteran would be unable to return 

home before 7 p.m. When a veteran is 

undergoing outpatient treatment or 

procedures the veteran and 

accompanying individual(s) may be 

furnished temporary lodging for the 

duration of the episode of care subject 

to limitations described in this section. 

(Authority: 38 U.S.C. 501, 1708) 

[FR Doc. 2012–6397 Filed 3–15–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0062; FRL–9648–1] 

RIN 2060–AR30 

Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5): Amendment to the Definition 

‘‘Regulated NSR Pollutant’’ 

Concerning Condensable Particulate 

Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

revise the definition ‘‘regulated NSR 

pollutant’’ contained in two sets of 

Prevention of Significant Deterioration 

(PSD) regulations and in the EPA’s 

Emission Offset Interpretative Ruling. 

This revision would correct an 

inadvertent error made in 2008 when 

the EPA issued its final rule to 

implement the new source review (NSR) 

program for fine particles with an 

aerodynamic diameter of less than or 

equal to 2.5 micrometers (PM2.5). 

Effectively, this revision would 

reestablish the interpretation that for 

measurement of ‘‘particulate matter 

emissions’’ in the context of the PSD 

and NSR regulations there is no explicit 

requirement to include measurement of 

condensable PM. However, the 

condensable portion would continue to 

be required for emissions of particles 

with an aerodynamic diameter of less 

than or equal to 10 micrometers (PM10) 

and PM2.5. 

DATES: Comments must be received on 

or before May 15, 2012. 

Public Hearing. If anyone contacts the 

EPA requesting the opportunity to speak 

at a public hearing concerning the 

proposed regulation by March 26, 2012, 

the EPA will hold a public hearing 

approximately 30 days after publication 

in the Federal Register. Additional 

information about the hearing would be 

published in a subsequent Federal 

Register notice. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0062, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, Mail 

code 6102T, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460. Please 

include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

the applicable docket. The 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 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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 docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not 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 

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: Mr. 

Dan deRoeck, Air Quality Policy 

Division (C504–03), U.S. Environmental 

Protection Agency, Research Triangle 

Park, NC, 27711; telephone number 

(919) 541–5593; fax number (919) 541– 

5509; or email address: 

deroeck.dan@epa.gov. 

To request a public hearing or 

information pertaining to a public 

hearing on this document, contact Ms. 

Pamela Long, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number (919) 541– 

0641; fax number (919) 541–5509; email 

address: long.pam@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 that emit particulate matter: 

Industry group NAICSa

Electric services ........................................................................................ 221111, 221112, 221113, 221119, 221121, 221122 

Petroleum refining .................................................................................... 32411 


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Industry group NAICSa

Industrial inorganic chemicals .................................................................. 325181, 32512, 325131, 325182, 211112, 325998, 331311, 325188 

Industrial organic chemicals ..................................................................... 32511, 325132, 325192, 325188, 325193, 32512, 325199 

Miscellaneous chemical products ............................................................. 32552, 32592, 32591, 325182, 32551 

Natural gas liquids .................................................................................... 211112 

Natural gas transport ................................................................................ 48621, 22121 

Pulp and paper mills ................................................................................. 32211, 322121, 322122, 32213 

Paper mills ................................................................................................ 322121, 322122 

Automobile manufacturing ........................................................................ 336111, 336112, 336712, 336211, 336992, 336322, 336312, 33633, 

33634, 33635, 336399, 336212, 336213 

Pharmaceuticals ....................................................................................... 325411, 325412, 325413, 325414 

a North American Industry Classification System. 

Entities affected by this rule also 

include state, local, and tribal reviewing 

authorities responsible for 

implementing Clean Air Act (CAA or 

Act) stationary source permitting 

programs. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit 

information containing CBI to the EPA 

through www.regulations.gov or email. 

Send or deliver information identified 

as CBI only to the following address: 

Mr. Roberto Morales, OAQPS Document 

Control Officer (C404–02), U.S. EPA, 

Office of Air Quality Planning and 

Standards, Research Triangle Park, 

North Carolina 27711, Attention: Docket 

ID EPA–HQ–OAR–2003–0062. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to the EPA, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting your comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. 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 

proposed rule will also be available on 

the World Wide Web. Following 

signature by the EPA Administrator, a 

copy of this proposed rule will be 

posted in the regulations and standards 

section of our NSR home page located 

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

D. How can I find information about a 

possible public hearing? 

To request a public hearing or 

information pertaining to a public 

hearing on this document, contact Ms. 

Pamela Long, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards (C504–03), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number (919) 541– 

0641; fax number (919) 541–5509; email 

address: long.pam@epa.gov. 

E. How is this preamble organized? 

The information in this 

Supplementary Information section of 

this preamble is organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for EPA? 

C. Where can I get a copy of this document 

and other related information? 

D. How can I find information about a 

possible public hearing? 

E. How is this preamble organized? 

II. Purpose 

III. Background 

A. National Ambient Air Quality Standards 

(NAAQS) for Particulate Matter (PM) 

B. Measuring and Reporting Emissions of 

Pariculate Matter (PM) 

C. New Source Review Program for PM 

IV. Why is the EPA proposing to change the 

definition ‘‘Regulated NSR pollutant’’ 

with regard to PM? 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory 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 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 

VI. Statutory Authority 

II. Purpose 

The purpose of this rulemaking is to 

revise the definition ‘‘regulated NSR 

pollutant’’ contained in the regulations 

for PSD at 40 CFR 51.166 and 52.21, and 

in the EPA’s Emission Offset 

Interpretative Ruling at 40 CFR part 51 

Appendix S. This revision will correct 

an error that occurred when the 

regulations were revised in 2008. The 

existing definition was changed in 2008 

to require that particulate matter 

emissions, PM10 emissions and PM2.5

emissions—representing three separate 

size ranges or indicators of particles— 

must include ‘‘gaseous emissions from a 

source or activity which condense to 

form particulate matter at ambient 

temperatures,’’ i.e., condensable 

particulate matter. See existing 40 CFR 

51.166 (b)(49)(vi) and 52.21(b)(50)(vi). 

Previously, EPA’s regulations did not 

require particulate matter emissions to 

include condensable particulate matter; 

consistent with the applicable New 


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1The ‘‘indicator’’ of a standard defines the 

chemical species or mixture that is to be measured 

in determining whether an area (in the case of an 

ambient standard) or a source (in the case of an instack standard) attains that standard. 

Source Performance Standards (NSPS) 

for PM and the corresponding 

compliance test method, only the 

filterable fraction had been considered 

for NSR purposes. The 2008 change 

therefore imposed an unintended new 

requirement on state and local agencies 

and the regulated community. As 

described in more detail in section IV of 

this preamble, in the 2008 final rule we 

did not intend that the term ‘‘particulate 

matter emissions’’ include the 

condensable PM fraction of primary PM; 

the EPA no longer regulates the ambient 

indicator, total suspended particulate 

(TSP), with which the indicator 

‘‘particulate matter emissions’’ was 

originally associated, and there is no 

compelling reason for requiring that the 

condensable PM portion be counted 

toward the measure of ‘‘particulate 

matter emissions’’ from stationary 

sources for PSD applicability 

determinations and in establishing 

emissions limitations. 

If these proposed revisions are 

finalized, they will ensure that our 

approach for regulating the three 

indicators for particulate matter under 

the PSD program is codified as 

originally intended. This would mean 

that ‘‘PM10 emissions’’ and ‘‘PM2.5

emissions’’ would be regulated as 

criteria pollutants (that is, under the 

portion of the definition that refers to 

‘‘[a]ny pollutant for which a national 

ambient air quality standard has been 

promulgated * * *’’), and would be 

required to include the condensable PM 

fraction emitted by a source. Also, 

‘‘particulate matter emissions’’ would be 

regulated as a non-criteria pollutant 

(that is, under the portion of the 

definition that refers to ‘‘[a]ny pollutant 

that is subject to any standard 

promulgated under section 111 of the 

Act’’), without a general requirement to 

include the condensable PM fraction 

emitted by a source. 

III. Background 

A. National Ambient Air Quality 

Standards (NAAQS) for Particulate 

Matter (PM) 

Sections 108 and 109 of the CAA 

govern the establishment and revision of 

the NAAQS. Section 108 directs the 

Administrator to identify and list ‘‘air 

pollutants’’ that ‘‘in his judgment, may 

reasonably be anticipated to endanger 

public health and welfare’’ and whose 

‘‘presence * * * in the ambient air 

results from numerous or diverse mobile 

or stationary sources’’ and to issue air 

quality criteria for those pollutants that 

are listed. Section 109 directs the 

Administrator to propose and 

promulgate primary and secondary 

NAAQS for pollutants listed under 

section 108 to protect public health and 

welfare, respectively. Section 109 also 

requires review of the NAAQS at 5-year 

intervals. 

‘‘Particulate matter’’ is a term used to 

define an air pollutant that consists of 

a mixture of solid particles and liquid 

droplets found in the ambient air. 

Particulate matter occurs in many sizes 

and shapes and can be made up of 

hundreds of different chemicals. As 

explained further in the discussion that 

follows, the EPA has regulated several 

size ranges of particles, e.g., PM2.5, 

referred to as indicators of particles 1, 

which has required that test methods be 

developed to capture the appropriate 

size particles that occur in the ambient 

air or that are being emitted directly 

from a source. In some cases, the EPA 

regulates certain species of particles as 

separate ‘‘air pollutants.’’ For example, 

lead, beryllium, fluorides, and sulfuric 

acid mist are constituents of particulate 

matter that are also regulated separately 

under New Source Performance 

Standards (40 CFR part 60) or National 

Emissions Standards for Hazardous Air 

Pollutants (40 CFR parts 61, 63 or 65). 

Particles as measured in the ambient 

air consist of both primary and 

secondary particles. Primary particles 

are emitted directly from sources, and 

may include gaseous emissions, which, 

when emitted from the stack of a source, 

condense under ambient conditions to 

form particles. Primary particles directly 

emitted by a source as a solid or liquid 

at the stack and captured on the filter of 

a test train are referred to as the 

‘‘filterable’’ PM fraction. The gaseous 

emissions that form particles upon 

condensing under ambient conditions 

following release from the stack are 

referred to as ‘‘condensable’’ PM. Other 

types of particles, known as secondary 

particles, are formed from precursors of 

PM, e.g., SO2 and NOX, at a distance 

from their point of release as a result of 

complex reactions in the atmosphere. 

Initially, the EPA established NAAQS 

for PM on April 30, 1971, under 

sections 108 and 109 of the Act. See 36 

FR 8186. Compliance with the original 

PM NAAQS was based on the 

measurement of particles in the ambient 

air using an indicator of particles 

measuring up to a nominal size of 25 to 

45 micrometers (mm) in the ambient air. 

The EPA used the indicator name ‘‘total 

suspended particulate’’ or ‘‘TSP’’ to 

define the particle size range that was 

being measured. Total suspended 

particulate remained the indicator for 

the PM NAAQS until 1987 when the 

EPA revised the NAAQS in part by 

replacing the TSP indicator for both the 

primary and secondary standards with a 

new indicator that includes only those 

particles with an aerodynamic diameter 

smaller than or equal to a nominal 10 

mm (PM10). 

On July 18, 1997, the EPA made 

significant revisions to the PM NAAQS 

in several respects. While the EPA 

determined that the PM NAAQS should 

continue to focus on particles less than 

or equal to 10 mm in diameter, the EPA 

also determined that the fine and coarse 

fractions of PM10 should be considered 

separately. Accordingly, on July 18, 

1997, the EPA added a new indicator for 

fine particles with a nominal mean 

aerodynamic diameter less than or equal 

to 2.5 mm (PM2.5), and continued to use 

PM10 as the indicator for purposes of 

regulating the coarse fraction of PM10. 

See 62 FR 38652. 

In the next periodic review, the EPA 

concluded, on October 17, 2006, that it 

was necessary to revise the primary and 

secondary NAAQS for PM to provide 

increased protection of public health 

and welfare. See 71FR 61144. The EPA 

retained the two separate indicators— 

PM10 and PM2.5—for determining 

compliance with the revised standards 

for PM, so both continue to be regarded 

as criteria pollutants. 

B. Measuring and Reporting Emissions 

of Particulate Matter (PM) 

Section 110 of the Act requires that 

state and local air pollution control 

agencies develop and submit plans, 

known as state implementation plans or 

SIPs, for the EPA approval that provide 

for the attainment, maintenance and 

enforcement of the NAAQS. An 

essential component of each SIP is the 

emissions reduction strategy, including 

emissions limitations and other control 

measures (as set forth in SIPs and in 

individual source permits) designed to 

control the emissions of pollutants that 

contribute to the air quality against 

which the NAAQS are measured. For 

many years, most control measures for 

PM were generally focused on primary 

PM—specifically, the filterable PM 

fraction. Accordingly, the early EPA test 

methods for quantifying amounts of PM 

emitted by sources generally were based 

on the collection of the filterable PM 

fraction. 

In support of state obligations to 

develop emissions reduction strategies, 

section 111 of the Act requires the EPA 

to adopt technology-based standards of 

performance that focus on sources that 

cause or contribute significantly to ‘‘air 

pollution which may reasonably be 


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2 ‘‘Condensable particulate matter is of potential 

importance because it usually is quite fine and thus 

falls primarily within the PM10 fraction.’’ See, ‘‘PM– 

10 SIP Development Guideline’’ (June 1987) at p. 

5–32. 

3The EPA’s NEI contains information about 

sources that emit criteria pollutants and their 

precursors, and hazardous pollutants. The database 

includes estimates of annual air pollutant emissions 

from point, nonpoint and mobile sources. The NEI 

currently contains information on PM with regard 

to the criteria indicators PM10 and PM2.5. 

4 ‘‘Emissions Inventory Guidance for 

Implementation of Ozone and Particulate Matter 

National Ambient Air Quality Standards (NAAQS) 

and Regional Haze,’’ EPA–454/R–99–006 (April 

1999). 

5 ‘‘The inclusion of condensable emissions in a 

source’s PM2.5 emissions is of increasing 

importance with the change in the indicator for 

particulate matter to PM2.5. Condensible emissions 

are essentially fine particles, and thus are a larger 

fraction of PM2.5 than of TSP or PM10.’’ 70 FR 65984 

(November 1, 2005) at p. 66039. 

6The EPA did indicate that ‘‘test methodologies 

that measure only filterable particulate matter 

would be acceptable in areas where no additional 

reductions of primary PM2.5 and particulate 

precursor emissions are required to project 

attainment of the PM2.5 NAAQS.’’ Id at 66049. 

anticipated to endanger public health 

and welfare.’’ Such standards, referred 

to as NSPS, are emissions standards that 

are intended to reflect the degree of air 

pollution emission limitation attainable 

through the application of the best 

system of emission reduction (taking 

into account the cost of achieving such 

reduction and any non-air quality health 

and energy requirements) that the 

Administrator determines has been 

adequately demonstrated. Accordingly, 

the EPA historically has developed 

NSPS (and corresponding compliance 

test methods) under 40 CFR part 60 to 

provide emissions standards that 

address, among other pollutants, the 

control of PM. 

When the EPA promulgated the first 

set of NSPS for PM in 1971, only the 

filterable PM fraction was regulated. 

The EPA simultaneously promulgated a 

test method, known as Method 5, as the 

NSPS compliance test method for PM. 

Once available, Method 5 was often also 

used for permitting purposes to quantify 

the in-stack PM emissions that 

represented the particles in the 

atmosphere expressed in terms of the 

ambient indicator, TSP—the original 

indicator for the PM NAAQS. Thus, the 

filterable PM emissions collected by 

Method 5 or other similar source test 

methods were sometimes referred to as 

‘‘TSP emissions,’’ even though it was 

recognized that Method 5 actually 

collected particles that exceeded the 

TSP size range (25–45 mm), and did not 

include the condensable PM fraction. 

Today, Method 5 continues to serve as 

the performance testing procedure for 

most NSPS for PM. 

With the promulgation of the PM10

NAAQS in 1987, the annual source 

emissions reporting of ‘‘particulate 

matter emissions’’ (required under 40 

CFR 51.322 and 51.323) ended with the 

state reporting of calendar year 1987 

emissions, and the required reporting of 

PM10 emissions began with state 

reporting of calendar year 1988 

emissions. In the absence of a standard 

reference test method, states were 

instructed to choose an appropriate 

method of determining PM10 emissions 

for each source. On April 17, 1990, the 

EPA promulgated Method 201A to 

provide the states with a standard 

means of measuring filterable PM10

emissions contained in the stack. Later 

in the same year, noting that 

condensable PM emissions form very 

fine particles in the PM10 size range and 

are considered PM10 emissions, the EPA 

proposed to add a test method to 

provide states with a means of 

measuring condensable PM emissions 

from stationary sources. See 55 FR 

41546, October 12, 1990. The test 

method for condensable PM emissions, 

known as Method 202, was promulgated 

on December 17, 1991, in Appendix M 

of 40 CFR part 51. With the new focus 

on the PM10 indicator, the EPA also 

began to emphasize the relevance of 

condensable PM emissions,2 and 

encouraged states to consider the 

condensable PM fraction where it was 

considered to be a significant 

contributor to an area’s PM10

nonattainment status. However, there 

were only a few nonattainment areas 

where control of the condensable PM 

portion was actually required in order to 

achieve attainment. 

Even before the EPA’s introduction of 

the PM2.5 indicator for the PM NAAQS 

in 1997, the EPA published information 

on PM2.5 emissions in its National 

Emission Inventory Database (NEI).3

With the assistance of information 

gained through speciation analyses of 

PM2.5, the EPA recognized that 

condensable PM could be a substantial 

portion of the total PM2.5 emitted by 

certain source categories. Beginning 

with the 1999 NEI, the EPA began 

including the condensable PM fraction 

of the total PM2.5 emitted by certain 

source categories, and encouraged states 

to consider the condensable PM fraction 

for the development of emissions 

inventories for PM2.5 SIPs.4 The EPA 

also provided condensable PM emission 

factors for various sources in AP–42 so 

that those state and local air control 

agencies having the responsibility to 

report emission inventories would have 

the tools needed to estimate and report 

those emissions to the EPA. 

In 2002, the EPA issued a rule known 

as the Consolidated Emissions 

Reporting Rule (CERR), which, among 

other things, established requirements 

for the reporting to the EPA of PM2.5

emissions. In conjunction with the new 

reporting requirements, the EPA added 

definitions of ‘‘primary PM,’’ ‘‘primary 

PM10,’’ and ‘‘primary PM2.5,’’ all of 

which included both the filterable and 

condensable PM fraction. See 67 FR 

39602, June 10, 2002. The CERR 

required states to report emissions of 

primary PM10 and primary PM2.5, and 

listed as optional the reporting of 

emissions of primary PM. However, 

when the EPA amended those rules in 

2008, it dropped the definition ‘‘primary 

PM’’ and the listing of ‘‘primary PM’’ as 

an optional pollutant, eliminating the 

requirement for reporting ‘‘PM’’ (as 

opposed to PM10 and PM2.5). See 73 FR 

76539, December 17, 2008. 

In November 2005, the EPA proposed 

requirements that states must fulfill in 

developing their implementation plans 

for the attainment of PM2.5 NAAQS. See 

70 FR 65984, November 1, 2005. With 

the historical emphasis on controlling 

the filterable PM fraction—even when 

the shift occurred to control PM10

emissions—it became apparent that in 

many cases it could be necessary to take 

a closer look at the control of the 

condensable PM fraction in order to 

attain the PM2.5 NAAQS in some areas.5

The preamble highlighted the 

importance in certain cases of 

controlling the condensable PM fraction 

to help ensure the attainment of the new 

NAAQS. It was acknowledged at that 

time that most stationary source test 

methods specified in state rules did not 

provide for the measurement of 

condensable PM emissions. Instead, it 

was found that most source test 

methods referenced in SIPs provided a 

measurement of only the filterable 

fraction of PM. The EPA further noted 

that ‘‘these filterable particulate matter 

test methods are either identical or very 

similar to one of the ten Federal test 

methods published in Appendix A of 40 

CFR Part 60 and used to determine 

compliance with New Source 

Performance Standards (NSPS).’’ Id at 

66049. The EPA indicated that states 

needing to adopt local control measures 

for primary PM2.5 in nonattainment 

areas would need to revise their 

stationary source test methods to focus 

on the PM2.5 indicator, including the 

condensable PM fraction.6

On March 25, 2009, the EPA proposed 

to modify existing Method 201A to 

allow for measurement of filterable 

PM2.5. In fact, the proposed modification 

offered the ability to measure filterable 

PM10, filterable PM2.5, or both filterable 

PM10 and filterable PM2.5 from 


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7 ‘‘Particulate matter emissions’’ are regulated 

under the PSD program as a regulated NSR 

pollutant, but not under the nonattainment NSR 

program because nonattainment designations apply 

only with regard to criteria pollutants (pollutants 

for which NAAQS exist, e.g., PM10 and PM2.5) and 

‘‘particulate matter emissions’’ are not considered a 

criteria pollutant. 

8 In addition to the NSPS for PM, it is noted that 

states regulated ‘‘particulate matter emissions’’ for 

many years in their SIPs for PM, and the same 

indicator has been used as a surrogate for 

determining compliance with certain standards 

contained in 40 CFR part 63, regarding National 

Emission Standards for Hazardous Air Pollutants. 

stationary sources. At the same time, the 

EPA proposed amendments to Method 

202 to improve the precision of the 

method for measuring condensable PM 

and to provide for more accurate overall 

quantification of primary emissions of 

PM10 and PM2.5 to the ambient air. 

Method 202 contained several optional 

procedures that were intended to 

accommodate the various test methods 

used by state and local regulatory 

entities at the time Method 202 was 

being developed. The inclusion of the 

optional procedures in 1991 ultimately 

proved problematic in that each of them 

resulted in a different emissions value. 

To address this issue, the EPA explored 

the influence of the optional procedures 

to identify the ones that would result in 

a biased measurement. In December 

2010, the EPA promulgated an 

improved Method 202 eliminating 

options that would produce different 

measures of emissions. 

C. New Source Review Program for PM 

The NSR program is a statutorily 

based preconstruction permitting 

program that applies when a stationary 

source of air pollution proposes to 

construct or undergo modification. The 

NSR program consists of three different 

preconstruction permit programs: (1) 

PSD; (2) nonattainment NSR; and (3) 

minor NSR. We often refer to the PSD 

and nonattainment NSR programs 

together as the major NSR program 

because those permit programs regulate 

the construction of new major stationary 

sources and major modifications to 

existing major stationary sources. 

The nonattainment NSR program 

applies in advance of construction to 

new major stationary sources and major 

modifications of sources of a pollutant 

that locate in an area that is designated 

‘‘nonattainment’’ for that pollutant. As 

such, the nonattainment NSR program 

applies only with respect to criteria 

pollutants, i.e., pollutants (or indicators 

thereof) for which EPA has promulgated 

NAAQS. On the other hand, the PSD 

program is a statutorily based 

preconstruction review and permitting 

program that applies to new or modified 

major stationary sources proposing to 

locate in an area meeting the NAAQS 

(‘‘attainment’’ areas) and areas for which 

there is insufficient information to 

classify them as either attainment or 

nonattainment (‘‘unclassifiable’’ areas). 

Like the nonattainment NSR program, 

the applicability of the PSD program to 

a major stationary source or major 

modification must be determined in 

advance of construction and is 

pollutant-specific. However, unlike the 

nonattainment NSR program, the PSD 

requirements are applied on a pollutantspecific basis for any ‘‘air pollutant’’ 

that is ‘‘subject to regulation’’ under the 

Act. Thus, the PSD program is not 

restricted to criteria pollutants.7 Once a 

major source is determined to be subject 

to the PSD program (PSD source) for a 

particular air pollutant, among other 

requirements, it must undertake a series 

of analyses to demonstrate that it will 

use the best available control technology 

(BACT) to minimize the emissions of 

each affected pollutant, and that the 

emissions of each pollutant will not 

cause or contribute to a violation of any 

applicable NAAQS or any applicable 

maximum allowable increase in a 

pollutant concentration (PSD 

increment). 

Consistent with the original NAAQS 

and PSD increments for PM, the PSD 

program established pollutant 

applicability requirements for PM on 

the basis of the TSP indicator. 

Accordingly, the PSD regulations 

defined a ‘‘significant’’ increase in 

emissions of PM as 25 tons per year 

(tpy). When the EPA revised the PM 

NAAQS in 1987, establishing a new 

PM10 indicator, two indicators for 

particles were recognized as being 

regulated under the Act because the 

statutory PSD increments for PM were 

still expressed in terms of TSP. The 

addition of the new PM10 indicator also 

necessitated a distinction between those 

emissions of PM that should be used to 

determine a source’s compliance with 

the new PM10 NAAQS and those 

emissions of PM that should be used to 

determine a source’s compliance with 

the existing TSP-based increments. 

Hence, in 1987, the EPA adopted the 

term ‘‘particulate matter emissions’’ to 

help clarify the distinction between the 

original TSP indicator for the NAAQS 

and the new PM10 indicator. See 52 FR 

24672, July 1, 1987. Accordingly, the 

original significant emissions rate of 25 

tpy was retained and applied to the 

newly-defined term ‘‘particulate matter 

emissions’’ (associated with the ambient 

TSP indicator), and simultaneously a 

significant emissions rate of 15 tpy was 

defined in association with the term 

‘‘PM10 emissions.’’ See 40 CFR 

51.166(b)(23)(i) and 52.21(b)(23)(i). 

In 1993, under authorization 

contained in the CAA Amendments of 

1990, EPA adopted increments for PM 

that were expressed in terms of ambient 

concentrations of PM10, and substituted 

those increments for the original 

statutory increments for PM based on 

the TSP indicator. See 58 FR 31622, 

June 3, 1993. As a result, both the 

NAAQS for PM and the PSD increments 

for PM were henceforth measured by the 

PM10 indicator and, once states revised 

their SIPs to incorporate the new PM10

NAAQS and PM10 increments, the TSP 

indicator was no longer considered a 

regulated indicator of particles. 

However, because the NSPS for PM 

commonly measured performance 

standard compliance based on 

emissions of PM using the indicator that 

was roughly associated with the original 

ambient TSP indicator, the EPA stated 

in the preamble to the 1993 final rule 

promulgating new PSD increments 

based on PM10 that the agency would 

continue to regulate ‘‘particulate matter 

emissions’’ (25 tpy significant emissions 

rate) separately from ‘‘PM10 emissions’’ 

(15 tpy significant emissions rate) for 

purposes of PSD applicability 

determinations. Id at 31629. 

Finally, in a final rule issued on May 

16, 2008, titled, ‘‘Implementation of the 

New Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)’’ (73 FR 28321), the 

EPA identified the major source 

threshold and significant emissions rate 

for PM2.5 to reflect the indicator for the 

PM NAAQS that were issued in 1997. 

See 40 CFR 51.166(b)(23)(i) and 

52.21(b)(23)(i). Hence, three separate 

indicators for emissions of PM are 

currently being regulated under the PSD 

program. Those indicators include PM10

and PM2.5, both of which are indicators 

reflecting the way the NAAQS for PM 

are currently measured, and ‘‘particulate 

matter emissions,’’ which is a term that 

signifies the indicator of PM that is 

measured under various NSPS for PM 

(40 CFR part 60).8 All three of the 

indicators for PM are considered 

separately as regulated NSR pollutants 

subject to review under the PSD 

program, which means that proposed 

new and modified sources must treat 

each indicator of PM as a separate 

pollutant for applicability 

determinations, and must then apply 

the PSD requirements, as appropriate, 

independently for each indicator of PM. 

The 2008 final rule also added a 

provision to the definition ‘‘regulated 

NSR pollutant’’ in the PSD regulations 

and the Emission Offset Interpretative 

Ruling that requires the inclusion of the 


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9 In developing the NSPS for Wool Fiberglass 

Insulation Manufacturing facilities (Subpart PPP), 

the EPA determined that the control device could 

effectively reduce both the solid particles and the 

condensable PM, and promulgated the PM standard 

based on the measurement of both filterable solid 

particles and condensable PM. In addition, the 

agency established a variant of Method 5, referred 

to as Method 5e, to measure the filterable PM and 

the total organic carbon portion of the impinger 

catch. See 50 FR 7694, February 25, 1985. 

condensable fraction of PM for all three 

indicators of PM. Accordingly, the 

determination of the potential emissions 

(for permit applicability 

determinations), and the setting of 

emissions limitations and in-stack 

pollutant measurements (for source 

compliance purposes) would involve 

the inclusion of the condensable 

fraction of PM for each of the three PM 

indicators. 

For reasons to be explained, this 

proposed rulemaking would remove 

‘‘particulate matter emissions’’ from that 

provision defining ‘‘regulated NSR 

pollutant’’ in the aforementioned 

regulations, so that the relevant 

provision would require the inclusion of 

the condensable fraction of PM only 

with regard to emissions of PM10 and 

PM2.5. 

IV. Why is EPA proposing to change the 

definition ‘‘regulated NSR pollutant’’ 

with regard to PM? 

When we proposed to amend the PSD 

rules to address new requirements for 

PM2.5 in 2005, we proposed to revise the 

definition ‘‘regulated NSR pollutant’’ to 

add PM2.5 as a regulated criteria 

pollutant and to require that, for 

purposes of determining PSD 

applicability and setting emissions 

limitations for a particular proposed 

source or modification, emissions of 

PM10 and PM2.5 included the 

condensable portion of particulate 

matter that could be emitted by the 

source or modification. Specifically, the 

proposed regulatory text provided that 

‘‘Particulate matter (PM10 and PM2.5) 

emissions include gaseous emissions 

from a source or activity which 

condense to form particulate matter at 

ambient temperatures.’’ See, e.g., 70 FR 

65984 at 66067. In that text, we had not 

intended to include the PM indicator 

referred to as ‘‘particulate matter 

emissions’’; instead, we intended the 

proposed text as a ‘‘shorthand’’ 

terminology encompassing both ‘‘PM10

emissions’’ and ‘‘PM2.5 emissions.’’ 

Moreover, we did not receive any 

comments suggesting that the ‘‘PM 

emissions’’ indicator should be 

included in the provision requiring the 

inclusion of condensable PM. 

Nevertheless, in the final stages of 

preparing the 2008 final rule, the 

proposed text ‘‘Particulate matter (PM10

and PM2.5) emissions,’’ was revised to 

read ‘‘Particulate matter (PM) emissions, 

PM10 emissions and PM2.5 emissions.’’ 

Thus, the inadvertent editorial change 

made in the final rule added 

‘‘Particulate matter (PM) emissions’’ as 

a third indicator for PM to the sentence 

for which the PSD regulations would 

require that condensable PM be 

included. 

The preamble discussion in both the 

NPRM and the final rulemaking, 

designed to describe the new provision 

under the definition ‘‘regulated NSR 

pollutant,’’ supports the position that 

our objective was to ensure that the 

condensable PM fraction was included 

in measurements of emissions of PM10

and PM2.5. For example, the preamble to 

the NPRM stated the following: ‘‘The 

EPA has issued guidance clarifying that 

PM10 includes condensable particles 

and that, where condensable particles 

are expected to be significant, States 

should use methods that measure 

condensible emissions.’’ 70 FR 65984 at 

66039 (citing a March 31, 1994, EPA 

memo to the Iowa Department of 

Natural Resources). With regard to 

PM2.5, we stated ‘‘[c]ondensible 

emissions are essentially fine particles, 

and thus are a larger fraction of PM2.5

emissions than of TSP or PM10

emissions.’’ Ibid. In the 2008 final rule, 

we clearly stated in the preamble that 

‘‘EPA will require that all NSR 

applicability determinations for PM2.5

and PM10 address condensable 

emissions as applicable * * *.’’ 73 FR 

28321 at 28335. 

We also note that the 2008 final rule 

added the term ‘‘particulate matter (PM) 

emissions’’ to the definition ‘‘regulated 

NSR pollutant’’ at 40 CFR part 51 

Appendix S (the EPA’s ‘‘Emission Offset 

Interpretative Ruling’’). This was clearly 

a mistake because that rule pertains to 

new source review in nonattainment 

areas (and to sources locating outside 

nonattainment areas that impact air 

quality in a nonattainment area). That 

being the case, Appendix S is not 

intended to address noncriteria 

pollutants, since nonattainment areas 

apply only to criteria pollutants. To 

further illustrate this point, the 

definition ‘‘regulated NSR pollutant’’ 

under the nonattainment area NSR 

requirements at 40 CFR 51.165 does not 

include the term ‘‘particulate matter 

emissions.’’ We have already explained 

that ‘‘particulate matter emissions’’ 

refers to the noncriteria indicator for PM 

subject to regulation under various 

NSPS. Accordingly, EPA is also 

proposing to revise the definition 

‘‘regulated NSR pollutant’’ under 

Appendix S to remove the term 

‘‘particulate matter emissions.’’ See 

proposed 40 CFR part 51 Appendix S, 

Section III.A.31(ii). 

It is important to note that the 

proposed change would not totally 

exempt the inclusion of the condensable 

PM fraction as part of ‘‘particulate 

matter emissions.’’ The proposed 

revision accounts for the fact that, in 

some cases, the condensable PM 

fraction should be counted. The first 

case is where the applicable NSPS 

requires that the condensable PM 

fraction be included in the 

determination of compliance with the 

performance standard for PM.9 The 

second case is where the applicable SIP 

already requires that the condensable 

PM fraction be included in the 

measurement of PM. Finally, in the case 

of any source emitting a pollutant that 

is regulated under section 111 of the 

Act, but is not itself subject to an NSPS, 

the reviewing authority may determine 

the applicable test method to be used to 

determine that source’s compliance. 

Thus, we are also proposing to clarify 

the text contained in the definition 

‘‘regulated NSR pollutant’’ to indicate 

that for pollutants regulated under 

section 111 of the Act, which includes 

‘‘particulate matter emissions,’’ the 

applicability of the PSD requirements to 

that pollutant should be determined in 

a manner consistent with the test 

method prescribed for that particular 

NSPS or applicable SIP. See proposed 

40 CFR 51.166(b)(49)(ii) and 

52.21(b)(50)(ii). In cases where the 

proposed source or modification of PM 

is not regulated by any NSPS, but is 

nevertheless required to consider its 

potential to emit that pollutant, we 

intend to require under the federal PSD 

requirements at 40 CFR 52.21 that the 

applicable measurement will be 

determined by the Administrator. In the 

case of ‘‘particulate matter emissions,’’ 

we generally intend to rely on the 

common practice of the NSPS to require 

that the applicable measure should be 

the filterable PM only, based on a 

compliance test method appropriate for 

such source, e.g., Method 5. Under the 

PSD regulations at 40 CFR 51.166, we 

propose that states, as the reviewing 

authority, may establish their own 

policy for applying the PSD 

requirements for ‘‘particulate matter 

emissions’’ to sources for which the 

NSPS does not apply. 

The primary objective of our decision 

to propose this revision is to ensure to 

the extent practicable that we are not 

unnecessarily imposing a new 

requirement on state/local agencies and 

the regulated community that has little 

if any effect on preventing significant air 


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quality deterioration or on efforts to 

attain the primary and secondary PM 

NAAQS. That is, we do not intend to 

require the inclusion of condensable PM 

in measurements of ‘‘particulate matter 

emissions’’ where that has not been a 

common practice in state and local 

control agencies and there are no 

ambient standards against which 

’’particulate matter emissions’’ are to be 

compared. Proposed new or modified 

stationary sources of PM typically will 

be subjected to the PSD requirements on 

the basis of their potential to emit PM10

or PM2.5 emissions and will be required 

to install controls for their emissions of 

PM10 and/or PM2.5, both of which must 

consider the condensable fraction. We 

also recognize that in some cases, some 

states have chosen to regulate the 

condensable PM when determining the 

amount of a source’s ‘‘particulate matter 

emissions.’’ As already explained, the 

proposed revision would allow states to 

continue that practice by providing the 

necessary discretion to the reviewing 

authority, but we do not intend to 

impose such a new PSD requirement 

where it is not otherwise being 

practiced by the states already. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory 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 Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

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 

proposal only removes the requirement 

to include condensable PM when 

quantifying ‘‘PM emissions’’ from 

proposed new major stationary sources 

and major modifications subject to the 

PSD program. The proposed change 

would eliminate a requirement that was 

not intended. 

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 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-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this proposed rule on small 

entities, which proposes only to remove 

an unintended requirement to include 

condensable PM when quantifying 

‘‘particulate matter emissions’’ from 

proposed new major stationary sources 

and major modifications, I certify that 

this action will not have a significant 

economic impact on a substantial 

number of small entities. This proposed 

rule will not impose any requirements 

on small entities because small entities 

are not subject to the requirements of 

this rule. 

We continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This proposed action contains no 

federal mandates under the provisions 

of Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538 for state, local, or tribal 

governments or the private sector. The 

action would not impose any 

enforceable duty on any state, local or 

tribal governments or the private sector. 

This action proposes only to remove an 

unintended requirement to include 

condensable PM when quantifying 

‘‘particulate matter emissions’’ from 

proposed new major stationary sources 

and major modifications. Thus, this 

action is not subject to the requirements 

of sections 202 or 205 of UMRA. 

This proposed rule is also not subject 

to the requirements of section 203 of 

UMRA because it does not propose any 

regulatory requirements that might 

significantly or uniquely affect small 

governments. This action proposes only 

to remove an unintended requirement to 

include condensable PM when 

quantifying ‘‘particulate matter 

emissions’’ from proposed new major 

stationary sources and major 

modifications. 

E. Executive Order 13132—Federalism 

This proposed 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 

Executive Order 13132. The proposed 

rule proposes only to remove the 

unintended requirement to include 

condensable PM when quantifying 

‘‘particulate matter emissions’’ from 

proposed new major stationary sources 

and major modification. The 

requirement was inadvertently included 

in the 2008 final rule for 

Implementation of the PM2.5 NSR 

Program. Thus, Executive Order 13132 

does not apply to this rule. 

Nevertheless, in the spirit of Executive 

Order 13132, and consistent with EPA 

policy to promote communications 

between EPA and state and local 

governments, EPA plans to specifically 

solicit comment on the proposed rule 

from state and local officials. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The proposed rule proposes only 

to remove the requirement to include 

condensable PM when quantifying ‘‘PM 

emissions’’ from proposed new major 

stationary sources and major 

modification. The requirement was 

inadvertently included in the 2008 final 

rule for Implementation of the PM2.5

NSR Program. 

The Act provides for states to develop 

plans to regulate emissions of air 

pollutants within their jurisdictions. 

The Tribal Air Rule (TAR) under the Act 

gives tribes the opportunity to develop 

and implement Act programs to attain 

and maintain the PM2.5 NAAQS, but 

leaves to the discretion of the tribes the 

decision of whether to develop these 

programs and which programs, or 

appropriate elements of a program, they 

will adopt. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed action is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) because it is not 

economically significant as defined in 

Executive Order 12866, and because the 


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Agency does not believe the 

environmental health or safety risks 

addressed by this action to eliminate an 

unintended requirement present a 

disproportionate risk to children. The 

removal of this requirement would not 

affect one of the basic requirements of 

the PSD program that new and modified 

major sources must demonstrate that 

any new emissions do not cause or 

contribute to air quality in violation of 

the NAAQS. 

H. Executive Order 13211—Actions 

That Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

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. The 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 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 (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. 

The EPA has determined that this 

proposed rule to remove an unintended 

requirement will not have adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not appreciably affect 

the level of protection provided to 

human health or the environment. 

VI. Statutory Authority 

The statutory authority for this 

proposed action is provided by sections 

101, 160, 163, 165, 166, 301, and 307(d) 

of the Act as amended (42 U.S.C. 7401, 

7470, 7473, 7475, 7476, 7601, and 

7607(d)). 

List of Subjects 

40 CFR Part 51 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Intergovernmental relations. 

40 CFR Part 52 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Intergovernmental relations. 

Dated: March 12, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is proposed to be 

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. 

Subpart I—[Amended] 

2. Section 51.166 is amended by 

revising paragraphs (b)(49)(i) and (ii) 

and removing (b)(vi) to read as follows: 

§ 51.166 Prevention of significant 

deterioration of air quality. 

* * * * * 

(b) * * * 

(49) * * * 

(i) Any pollutant for which a national 

ambient air quality standard has been 

promulgated; 

(a) PM2.5 emissions and PM10

emissions shall include gaseous 

emissions from a source or activity 

which condense to form particulate 

matter at ambient temperatures. On or 

after January 1, 2011, such condensable 

particulate matter shall be accounted for 

in applicability determinations and in 

establishing emissions limitations for 

PM2.5 and PM10 in PSD permits. 

Compliance with emissions limitations 

for PM2.5 and PM10 issued prior to this 

date shall not be based on condensable 

particular matter unless required by the 

terms and conditions of the permit or 

the applicable implementation plan. 

Applicability determinations made prior 

to this date without accounting for 

condensable particular matter shall not 

be considered in violation of this 

section unless the applicable 

implementation plan required 

condensable particular matter to be 

included; 

(b) Any pollutant identified under 

this paragraph (b)(49)(i)(b) as a 

constituent or precursor to such 

pollutant. Precursors identified by the 

Administrator for purposes of NSR are 

the following: 

(1) Volatile organic compounds and 

nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable 

areas. 

(2) Sulfur dioxide is a precursor to 

PM2.5 in all attainment and 

unclassifiable areas. 

(3) Nitrogen oxides are presumed to 

be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the 

State demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of nitrogen 

oxides from sources in a specific area 

are not a significant contributor to that 

area’s ambient PM2.5 concentrations. 

(4) Volatile organic compounds are 

presumed not to be precursors to PM2.5

in any attainment or unclassifiable area, 

unless the State demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of volatile 

organic compounds from sources in a 

specific area are a significant 

contributor to that area’s ambient PM2.5

concentrations. 

(ii) Any pollutant that is subject to 

any standard promulgated under section 

111 of the Act, as required to be 

measured by the applicable performance 

standard for that pollutant. For sources 

not currently regulated by an applicable 

NSPS, measurement of such pollutant 

shall be determined by the reviewing 

authority; 

* * * * * 

3. Appendix S to Part 51 is amended 

revising paragraph II.A.31(ii) and by 

removing paragraphs II.A.31(iii) and (iv) 

to read as follows: 

and 

Appendix S to Part 51—Emission Offset 

Interpretative Ruling 

* * * * * 

II. * * * 

A. * * * 

31. * * * 

(i) * * * 

(ii) Any pollutant for which a national 

ambient air quality standard has been 

promulgated; 


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15664 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 

(1) PM2.5 emissions and PM10 emissions 

shall include gaseous emissions from a 

source or activity, which condense to form 

particulate matter at ambient temperatures. 

On or after January 1, 2011, such 

condensable particulate matter shall be 

accounted for in applicability determinations 

and in establishing emissions limitations for 

PM2.5 and PM10 in permits issued under this 

ruling. Compliance with emissions 

limitations for PM2.5 and PM10 issued prior 

to this date shall not be based on 

condensable particulate matter unless 

required by the terms and conditions of the 

permit or the applicable implementation 

plan. Applicability determinations made 

prior to this date without accounting for 

condensable particulate matter shall not be 

considered in violation of this section unless 

the applicable implementation plan required 

condensable particulate matter to be 

included. 

(2) Any pollutant that is identified under 

this paragraph II.A.31(ii)(2) as a constituent 

or precursor of a general pollutant listed 

under paragraph II.A.31(i) or (ii) of this 

Ruling, provided that such constituent or 

precursor pollutant may only be regulated 

under NSR as part of regulation of the general 

pollutant. Precursors identified by the 

Administrator for purposes of NSR are the 

following: 

(a) Volatile organic compounds and 

nitrogen oxides are precursors to ozone in all 

ozone nonattainment areas. 

(b) Sulfur dioxide is a precursor to PM2.5

in all PM2.5 nonattainment areas. 

* * * * * 

PART 52—[Amended] 

4. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—[Amended] 

5. Section 52.21 is amended by 

revising paragraphs (b)(50)(i) and (ii) 

and removing paragraph (b)(50)(vi) to 

read as follows: 

and 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(b) * * * 

(50) * * * 

(i) Any pollutant for which a national 

ambient air quality standard has been 

promulgated; 

(a) PM2.5 emissions and PM10

emissions shall include gaseous 

emissions from a source or activity, 

which condense to form particulate 

matter at ambient temperatures. On or 

after January 1, such condensable 

particulate matter shall be accounted for 

in applicability determinations and in 

establishing emissions limitations for 

PM2.5 and PM10 in PSD permits. 

Compliance with emissions limitations 

for PM2.5 and PM10 issued prior to this 

date shall not be based on condensable 

particular matter unless required by the 

terms and conditions of the permit or 

the applicable implementation plan. 

Applicability determinations made prior 

to this date without accounting for 

condensable particular matter shall not 

be considered in violation of this 

section unless the applicable 

implementation plan required 

condensable particular matter to be 

included. 

(b) Any pollutant identified under 

this paragraph (b)(50)(i)(b) as a 

constituent or precursor for such 

pollutant. Precursors identified by the 

Administrator for purposes of NSR are 

the following: 

(1) Volatile organic compounds and 

nitrogen oxides are precursors to ozone 

in all attainment and unclassifiable 

areas. 

(2) Sulfur dioxide is a precursor to 

PM2.5 in all attainment and 

unclassifiable areas. 

(3) Nitrogen oxides are presumed to 

be precursors to PM2.5 in all attainment 

and unclassifiable areas, unless the 

State demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of nitrogen 

oxides from sources in a specific area 

are not a significant contributor to that 

area’s ambient PM2.5 concentrations. 

(4) Volatile organic compounds are 

presumed not to be precursors to PM2.5

in any attainment or unclassifiable area, 

unless the State demonstrates to the 

Administrator’s satisfaction or EPA 

demonstrates that emissions of volatile 

organic compounds from sources in a 

specific area are a significant 

contributor to that area’s ambient PM2.5

concentrations. 

(ii) Any pollutant that is subject to 

any standard promulgated under section 

111 of the Act, as required to be 

measured by the applicable performance 

standard for that pollutant. For sources 

not currently regulated by an applicable 

NSPS, measurement of such pollutant 

shall be determined by the 

Administrator; 

* * * * * 

[FR Doc. 2012–6429 Filed 3–15–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1207] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; correction. 

SUMMARY: On August 3, 2011, FEMA 

published in the Federal Register a 

proposed rule that contained an 

erroneous table. This notice provides 

corrections to that table, to be used in 

lieu of the information published at 76 

FR 46701. The table provided here 

represents the flooding sources, location 

of referenced elevations, and effective 

and modified elevations for the City of 

Cadiz, Kentucky. Specifically, it 

addresses the flooding sources Little 

River (backwater effects from Lake 

Barkley) and Little River Tributary 1 

(backwater effects from Lake Barkley). 

DATES: Comments are to be submitted 

on or before June 14, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. FEMA–B– 

1207, to Luis Rodriguez, Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4064 

or (email) 

luis.rodriguez3@fema.dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064 or (email) 

luis.rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) publishes proposed 

determinations of Base (1% annualchance) Flood Elevations (BFEs) and 

modified BFEs for communities 

participating in the National Flood 

Insurance Program (NFIP), in 

accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are minimum requirements. They 

should not be construed to mean that 


tkelley on DSK3SPTVN1PROD with PROPOSALS