[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80300-80301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31114]



40 CFR Part 52


Clean Air Act Prevention of Significant Deterioration (PSD) 
Construction Permit Program; Interpretation of Regulations That 
Determine Pollutants Covered by the Federal PSD Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of issuance of the Administrator's interpretation.


SUMMARY: On December 18, 2008, the Administrator issued an interpretive 
memorandum entitled ``EPA's Interpretation of Regulations That 
Determine Pollutants Covered by Federal Prevention of Significant 
Deterioration (PSD) Permit Program.'' This memorandum clarifies the 
scope of

[[Page 80301]]

the EPA regulation that determines the pollutants subject to the 
Federal PSD program under the Clean Air Act (Act). Under Title I, Part 
C of the Act, the PSD program preconstruction permit requirement 
applies to any new major stationary source or modified existing major 
stationary source of regulated air pollutants located in an area that 
is either attaining the National Ambient Air Quality Standards (NAAQS) 
or unclassifiable. Under the Federal PSD permitting regulations, only 
new or modified major sources that emit one or more ``regulated NSR 
pollutants,'' as that term is defined in the regulations, are subject 
to the requirements of the PSD program, including the requirement to 
install the best available control technology (BACT) for those 
regulated NSR pollutants that the facility has the potential to emit in 
significant amounts. This memorandum contains EPA's definitive 
interpretation of ``regulated NSR pollutant'' and is intended to 
resolve any ambiguity in the definition, which includes ``any pollutant 
that otherwise is subject to regulation under the Act.'' As of the date 
of the memorandum, EPA interprets this definition of ``regulated NSR 
pollutant'' to exclude pollutants for which EPA regulations only 
require monitoring or reporting but include all pollutants subject to a 
provision in the Act or regulation adopted by EPA under the Act that 
requires actual control of emissions of that pollutant.

FOR FURTHER INFORMATION CONTACT: Mike Sewell, Office of Air Quality 
Planning and Standards, Air Quality Policy Division (C 504-03), 
Environmental Protection Agency, 109 TW Alexander Drive, Research 
Triangle Park, NC 27709; telephone number: (919) 541-0873; fax number: 
(919) 541-5509; e-mail address: [email protected].


I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/. You may access the memorandum 
at http://www.epa.gov/nsr.
Statutory and Executive Orders
    This action is not a rule as defined by Executive Order 12866. 
Therefore, it is exempt from review by the Office of Management and 
Budget as required for rules and regulations under Executive Order 
    In addition, this is not a rule as defined by the Regulatory 
Flexibility Act, 5 U.S.C. section (601)(2). Therefore, EPA has not 
prepared a regulatory flexibility analysis addressing the impact of 
this action on small business activities.
Judicial Review
    Because we have designated this interpretation as nationally 
significant under section 307(b) of the Act, challenges must be brought 
to the United States Court of Appeals for the District of Columbia 
Circuit by March 2, 2009.

    Dated: December 23, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator.
[FR Doc. E8-31114 Filed 12-30-08; 8:45 am]