United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2009_register executive 2010-09-23 article Proposed Rules D09002ee1c807751a D09002ee1c80775bc United States Environmental Protection Agency originator org United States Government Agency or Subagency 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. 74 FR 2460 https://www.govinfo.gov/app/details/FR-2009-01-15/E9-816 E9-816 FR15JA09-61 RIN 2060-AL75 6560-50-P EPA-HQ-OAR-2003-0064, FRL-8763-1 https://www.govinfo.gov/app/details/FR-2009-01-15/E9-816 https://www.govinfo.gov/content/pkg/FR-2009-01-15/html/E9-816.htm https://www.govinfo.gov/content/pkg/FR-2009-01-15/pdf/E9-816.pdf 1 p. 2460 2460 74 FR 2460 Title 40 Part 51 40 CFR Part 51 Title 40 Part 52 40 CFR Part 52 RIN 2060-AL75 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking; Federal Register Vol. 74, Issue PRORULE E9-816 ENVIRONMENTAL PROTECTION AGENCY EPA-HQ-OAR-2003-0064, FRL-8763-1 6560-50-P E9-816 Withdrawal of proposed rule.

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.

On January 15, 2009, the EPA hereby withdraws the proposed rule for NSR Debottlenecking published at 71 FR 54235. 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 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking , svendsgaard.dave@epa.gov Vol. 74, no. 10 Office of the Federal Register, National Archives and Records Administration 2009-01-15 continuing daily deposited born digital 474 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2009-01-15 P0b002ee1809a6ff4 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:FR15JA09 https://www.govinfo.gov/app/details/FR-2009-01-15 https://www.govinfo.gov/content/pkg/FR-2009-01-15/pdf/FR-2009-01-15.pdf https://www.govinfo.gov/content/pkg/FR-2009-01-15/xml/FR-2009-01-15.xml fdlp 2293 2756 DGPO 2010-09-23 2024-06-05 FR-2009-01-15 machine generated eng FR FR-2009-01-15 74 10