[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Proposed Rules]
[Page 2460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-816]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2003-0064, FRL-8763-1]
RIN 2060-AL75


Prevention of Significant Deterioration (PSD) and Nonattainment 
New Source Review (NSR): Debottlenecking

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of proposed rule.

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SUMMARY: The EPA is withdrawing the proposed rule for 
``debottlenecking'' published in the Federal Register on September 14, 
2006. Debottlenecking is a concept used in the EPA's New Source Review 
(NSR) program and refers to how emissions from units upstream and 
downstream from the unit(s) undergoing a physical or operational change 
are included in the calculation of an emissions increase for the 
project. The intent of the September 14, 2006 proposal was to clarify 
how to consider emissions increases and decreases when determining 
major NSR applicability for sources that undergo a modification(s). Two 
other NSR elements included in that proposal--aggregation and project 
netting--are discussed in a separate document published in the 
``Rules'' section of this Federal Register.
    The decision to withdraw the rule proposal for debottlenecking is 
due to a variety of concerns raised by commenters on the viability of 
each of the proposed options. Regarding our preferred option, legal 
causation, we proposed to apply a ``but for'' legal cause test to 
account for debottlenecked emissions. However, limiting its application 
to only Prevention of Significant Deterioration and NSR permits, as 
several commenters suggested, would have severely narrowed its utility 
and required devising another regulatory strategy for nonqualifying 
permits. With respect to the other two proposed options, we had 
difficulty in finding workable solutions to some of the implementation 
issues raised by commenters. In light of the complexities we 
encountered with the proposed options, we have decided to withdraw the 
proposed rule for debottlenecking.

DATES: On January 15, 2009, the EPA hereby withdraws the proposed rule 
for NSR Debottlenecking published at 71 FR 54235.

FOR FURTHER INFORMATION CONTACT: Mr. David Svendsgaard, Air Quality 
Policy Division, Office of Air Quality Planning and Standards (C504-
03), Environmental Protection Agency, Research Triangle Park, NC 27711, 
telephone number: (919) 541-2380; fax number: (919) 541-5509, e-mail 
address: [email protected].

    Dated: January 12, 2009.
Stephen L. Johnson,
Administrator.
[FR Doc. E9-816 Filed 1-14-09; 8:45 am]
BILLING CODE 6560-50-P