Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Proposed Rules 36427 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

1. The authority citation for 21 CFR 

part 1308 continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b) 

unless otherwise noted. 

2. Section 1308.14 is amended in 

paragraph (c), by redesignating 

paragraphs (c)(23) through (c)(51) as 

paragraphs (c)(24) through (c)(52) and 

adding a new paragraph (c)(23) as 

follows: 

§ 1308.14 Schedule IV. 

* * * * * 

(c) * * * 

(23) Fospropofol .................................. 2138 

* * * * * 

Dated: July 16, 2009. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E9–17538 Filed 7–22–09; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2003–0062: FRL–8934–3] 

RIN 2060–AP65 

Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5); Proposal To Extend 

Administrative Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

extend for an additional nine months 

the existing administrative stay of the 

‘‘grandfathering’’ provision for 

particulate matter less than 2.5 

micrometers (PM2.5) requirements in the 

Federal Prevention of Significant 

Deterioration (PSD) program published 

in the Federal Register on May 16, 2008 

as part of the final rule entitled, 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5).’’ The grandfathering provision 

under the Federal PSD program allows 

the permitting authority to review PSD 

permit applications received before July 

15, 2008 according to EPA’s 1997 policy 

of satisfying the requirements for 

particulate matter less than 10 

micrometers (PM10) as a surrogate for 

meeting the new requirements for PM2.5. 

The existing administrative stay is in 

effect for three months; that is, from 

June 1, 2009 until September 1, 2009. 

This action proposes to extend the 

existing administrative stay by an 

additional nine months, which we 

believe will allow for sufficient time for 

EPA to propose, take public comment 

on, and issue a final action concerning 

the repeal of the grandfathering 

provision for PM2.5 in the Federal PSD 

program. 

DATES: Comments must be received on 

or before August 24, 2009. 

Public Hearing. If anyone contacts 

EPA requesting the opportunity to speak 

at a public hearing concerning the 

proposed regulation by August 3, 2009, 

we will hold a public hearing on August 

7, 2009. If a hearing is held, the record 

for the hearing will remain open until 

September 8, 2009. 

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. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, Mail 

code 6102T, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

• 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. 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Public Hearing. If a public hearing is 

held, it will be held at the U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20004. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the 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 e-mail 

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; 

e-mail address: long.pam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities affected by this proposed 

action are the owners and operators of 

proposed new sources and 


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36428 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Proposed Rules 

1Paul Cort, Earthjustice, on behalf of the Natural 

Resources Defense Council and Sierra Club, EPA– 

HQ–OAR–2003–0062–0281. 

modifications who submitted a 

complete application for a PSD permit 

before the July 15, 2008 effective date of 

the PM2.5 NSR Implementation Rule, but 

have not yet received their permit to 

construct. EPA estimates that fewer than 

20 proposed sources are covered by the 

grandfathering provision that we are 

proposing to repeal. At least two of the 

projects have already received their 

permit to construct prior to EPA taking 

action to stay the provision. 

Entities also affected by this proposed 

rule include State and local reviewing 

authorities and Indian country with new 

and modified major stationary sources 

affected by this rule. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit 

information containing CBI to EPA 

through http://www.regulations.gov or 

e-mail. 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 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 final 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? 

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. This Action 

III. Statutory and Executive Order Review. 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Determination Under Section 307(d) 

IV. Statutory Authority 

II. This Action 

On May 16, 2008, the EPA (‘‘we’’) 

issued a final rule amending our PSD 

and nonattainment NSR regulations to 

add requirements for the 

preconstruction review of PM2.5. 73 FR 

28321. The amendments addressed the 

major source threshold, significant 

emissions rate and offset ratios for 

PM2.5; interpollutant trading for offsets; 

and applicability of NSR to PM2.5

precursors. The rule also provided for 

the transition of the new requirements 

for PM2.5 in the NSR permitting process. 

On February 10, 2009, Earthjustice, on 

behalf of the Natural Resources Defense 

Council and Sierra Club, submitted a 

petition for reconsideration of four 

specific provisions of the May 2008 

final rule as provided for in Clean Air 

Act (CAA) 307(d)(7)(B).1 The specific 

provisions challenged by the petitioners 

include: (1) A transition period for PSD 

programs in States with approved PSD 

rules in their approved State 

Implementation Plans (SIPs) to revise 

and submit their new PM2.5 regulations 

to EPA within three years of the 

publication of the final rule. During the 

transition period, the rule allows States 

to continue using EPA’s 1997 surrogate 

policy by which an analysis based on 

PM10 can be used to meet the 

requirements for the otherwise required 

PM2.5; (2) ‘‘grandfathering’’ under the 

Federal PSD program for permit 

applications submitted before the July 

15, 2008 effective date of the new rule, 

which allows the PM10 surrogate policy 

to continue to be used as the basis for 

approving such permits for PM2.5; (3) a 

transition period, during which time 

EPA is re-evaluating its test methods for 

condensable particulate matter (CPM) 

emissions, whereby States are not 

required to account for CPM in the 

permitting process; and (4) use of 

recommended interpollutant trading 

ratios to facilitate the trading of PM2.5

precursors emissions reductions for new 

emissions of PM2.5 in areas designated 

‘‘nonattainment’’ for PM2.5. 

Under CAA 307(d)(7)(B), the 

Administrator may commence a 

reconsideration proceeding if the 

petitioner raises an objection to a rule 

that was impracticable to raise during 

the comment period or if the grounds 

for the objection arose after the 

comment period. In either case, the 

objection must be of central relevance to 

the outcome of the rule. The 


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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Proposed Rules 36429 

Administrator may stay the 

effectiveness of the rule for up to three 

months during such reconsideration. 

On April 24, 2009, we responded to 

the February 10, 2009 petition by letter 

indicating that we were convening a 

reconsideration proceeding for all four 

issues challenged in the petition and 

granting a three-month administrative 

stay of one of the provisions—the 

grandfathering provision for PM2.5

contained in the Federal PSD program at 

40 CFR 52.21(i)(1)(xi). The letter also 

indicated that we would publish a 

notice of proposed rulemaking ‘‘in the 

near future’’ to propose repealing the 

grandfathering provision for PM2.5 in the 

Federal PSD program, on the grounds 

that it was adopted without prior public 

notice and is no longer substantially 

justified in light of the resolution of 

technical issues with respect to PM2.5

monitoring, emissions estimation, and 

air quality modeling that led to the PM10

surrogate policy in 1997. 

The administrative stay of the 

grandfathering provision for PM2.5 was 

issued and became effective on June 1, 

2009. See 74 FR 26098, FR Doc. E9– 

12575. As noted above, our authority to 

stay a rule or portion thereof solely 

under the Administrator’s discretion is 

limited to three months. When we have 

issued similar administrative stays in 

the past, it has often been our practice 

to also propose an extension of the stay 

through a rulemaking process to ensure 

that there is no gap between the end of 

the stay and the completion of the final 

action. In this case, we believe that an 

extension of the administrative stay for 

an additional nine months would 

provide adequate time for EPA to 

propose, take comment on, and issue a 

final action on issues that are associated 

with the grandfathering provision for 

PM2.5 that we are proposing to repeal. 

Therefore, we propose to extend the 

administrative stay of the grandfathering 

provision for PM2.5 contained in the 

Federal PSD program at 40 CFR 

52.21(i)(1)(xi) for an additional nine 

months, until June 1, 2010. As 

alternatives, we also solicit comment on 

different time periods for the extension 

of the stay: (1) For six months, until 

March 1, 2010; or (2) for twelve months, 

until September 1, 2010. 

Note that we are not taking comment 

at this time on any substantive issues 

concerning the repeal of the 

grandfathering provision for PM2.5

contained in the Federal PSD program, 

or on any of the other provisions subject 

to the reconsideration. This notice 

simply proposes to further extend the 

administrative stay, so comments 

should be limited to the issue of 

whether and how long to extend the 

existing administrative stay. A separate 

Federal Register notice published in the 

near future will specifically solicit 

comment on issues related to the repeal 

of the grandfathering provision for PM2.5

contained in the Federal PSD program. 

In yet another subsequent notice, we 

plan to solicit comment on issues 

related to the remaining three 

provisions of the May 2008 final rule for 

which the Administrator granted 

reconsideration. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

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

action is a ‘‘significant regulatory 

action’’ because it raises novel legal or 

policy issues. Accordingly, EPA 

submitted this action to the Office of 

Management and Budget (OMB) for 

review under EO 12866 and any 

changes made in response to OMB 

recommendations have been 

documented in the docket for this 

action. 

B. Paperwork Reduction Act 

This action does not impose 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 proposes to extend the existing 

administrative stay for an additional 

nine months. 

However, the Office of Management 

and Budget 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 

2060–0033 [EPA ICR No. 1230.21]. The 

OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this proposed rule on small 

entities, 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 

new requirements on small entities. We 

have determined that small businesses 

will not incur any adverse impacts 

because EPA is taking this action to 

propose an extension of the existing 

administrative stay of one amendment 

to the regulations at 40 CFR 52.21 

concerning the grandfathering provision 

that affects fewer than 20 major 

stationary sources. No costs are 

associated with this amendment. 

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 action does not contain a Federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

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

State, local, and Tribal governments, in 

the aggregate, or the private sector in 

any one year. This action only proposes 

to extend the existing administrative 

stay of one provision of the regulations 

at 40 CFR 52.21 concerning the 

grandfathering provision that affects 

fewer than 20 sources. Thus, this rule is 

not subject to the requirements of 

sections 202 or 205. 

This proposed rule is also not subject 

to the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

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

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the EO to include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 


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36430 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Proposed Rules 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

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 EO 

13132. This action only proposes to 

extend the existing administrative stay 

of one provision of the regulations at 40 

CFR 52.21 concerning the 

grandfathering provision for PM2.5 that 

affects fewer than 20 sources. Thus, EO 

13132 does not apply to this rule. 

In the spirit of EO 13132, and 

consistent with EPA policy to promote 

communications between EPA and State 

and local governments, EPA specifically 

solicits comment on this 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 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. 

EPA specifically solicits additional 

comment on this proposed action from 

Tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because this proposal only 

proposes to extend the existing 

administrative stay of one provision of 

the regulations at 40 CFR 52.21 

concerning the grandfathering provision 

for PM2.5 that affects fewer than 20 

sources. However, EPA solicits 

comments on whether the proposal 

would result in an adverse 

environmental effect that would have a 

disproportionate effect on children. 

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 proposal only proposes to extend 

the existing administrative stay of one 

provision of the regulations at 40 CFR 

52.21 concerning the grandfathering 

provision for PM2.5 that affects fewer 

than 20 sources. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering 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. 

EPA has determined that this 

proposed rule will not have a 

disproportionately high and adverse 

human health or environmental effect 

on minority or low-income populations 

because it only seeks to extend the 

existing administrative stay on one 

provision in the regulations at 40 CFR 

52.21 concerning the grandfathering 

provision for PM2.5 that affects fewer 

than 20 sources. 

K. Determination Under Section 307(d) 

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

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

Administrator determines that this 

action is subject to the provisions of 

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

provides that the provisions of section 

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

the Administrator may determine.’’ 

IV. Statutory Authority 

The statutory authority for this action 

is provided by section 301(a) of the CAA 

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

notice is also subject to section 307(d) 

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

List of Subjects in 40 CFR Part 52 

Administrative practices and 

procedures, Air pollution control, 

Environmental protection, 

Intergovernmental relations. 

Dated: July 16, 2009. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. E9–17541 Filed 7–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1200 

[EPA–HQ–OAR–2008–0201–FRL–8934–4] 

RIN 2060—AP14 

Waste Energy Recovery Registry 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to establish 

the criteria for including sources or sites 

in a Registry of Recoverable Waste 

Energy Sources (Registry), as required 

under Title IV, Subtitle D of the Energy 

Independence and Security Act of 2007. 

The Agency is also proposing the 

Survey processes by which EPA will 

collect data and populate the Registry. 

The rule would apply to major 

industrial and large commercial sources 

as defined by EPA in this rulemaking. 

This proposed rule would not require 

the installation of new monitoring 

equipment; rather it would require only 

that sources above certain threshold 

levels that wish to be included in the 

Registry enter specific alreadymonitored data points into the 

voluntary Survey, which is a software 

tool that will calculate the quantity and 

quality of potentially recoverable waste 

energy. 

DATES: The public may comment on this 

proposed rule until September 21, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0201, by one of the 

following methods: 


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