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2010-04-02
article
Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs
Part V
Rules and Regulations
D09002ee1bdd20378
D09002ee1bdd20498
United States
Environmental Protection Agency
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org
United States Government Agency or Subagency
EPA has made a final decision to continue applying the Agency's existing interpretation of a regulation that determines the scope of pollutants subject to the Federal Prevention of Significant Deterioration (PSD) program under the Clean Air Act (CAA or Act). In a December 18, 2008 memorandum, EPA established an interpretation clarifying the scope of the phrase ``subject to regulation'' found within the definition of the term ``regulated NSR pollutant.'' After considering comments on alternate interpretations of this term, EPA has decided to continue to interpret it to include each pollutant subject to either a provision in the CAA or regulation adopted by EPA under the CAA that requires actual control of emissions of that pollutant. Thus, this action explains that EPA will continue following the interpretation in the December 18, 2008 memorandum with one exception. EPA is refining its interpretation to establish that the PSD permitting requirements will not apply to a newly regulated pollutant until a regulatory requirement to control emissions of that pollutant ``takes effect.'' In addition, this notice addresses several questions regarding the applicability of the PSD and Title V permitting programs to greenhouse gases (GHGs) upon the anticipated promulgation of EPA regulations establishing limitations on emissions of GHGs from vehicles under Title II of the CAA. Collectively, these conclusions result in an EPA determination that PSD and Title V permitting requirements will not apply to GHGs until at least January 2, 2011.
75 FR 17004
https://www.govinfo.gov/app/details/FR-2010-04-02/2010-7536
2010-7536
FR02AP10-17
RIN 2060-AP87
6560-50-P
EPA-HQ-OAR-2009-0597
FRL-9133-6
https://www.govinfo.gov/app/details/FR-2010-04-02/2010-7536
https://www.govinfo.gov/content/pkg/FR-2010-04-02/html/2010-7536.htm
https://www.govinfo.gov/content/pkg/FR-2010-04-02/pdf/2010-7536.pdf
20 p.
17004
17023
75 FR 17004
Code of Federal Regulations
Title 40 Part 50
40 CFR Part 50
Code of Federal Regulations
Title 40 Part 51
40 CFR Part 51
Code of Federal Regulations
Title 40 Part 70
40 CFR Part 70
Code of Federal Regulations
Title 40 Part 71
40 CFR Part 71
Regulation Identification Number 2060-AP87
RIN 2060-AP87
Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs; Federal Register Vol. 75, Issue
RULE
2010-7536
V
ENVIRONMENTAL PROTECTION AGENCY
EPA-HQ-OAR-2009-0597
FRL-9133-6
6560-50-P
2010-7536
Final Action on Reconsideration of Interpretation.
EPA has made a final decision to continue applying the Agency's existing interpretation of a regulation that determines the scope of pollutants subject to the Federal Prevention of Significant Deterioration (PSD) program under the Clean Air Act (CAA or Act). In a December 18, 2008 memorandum, EPA established an interpretation clarifying the scope of the phrase ``subject to regulation'' found within the definition of the term ``regulated NSR pollutant.'' After considering comments on alternate interpretations of this term, EPA has decided to continue to interpret it to include each pollutant subject to either a provision in the CAA or regulation adopted by EPA under the CAA that requires actual control of emissions of that pollutant. Thus, this action explains that EPA will continue following the interpretation in the December 18, 2008 memorandum with one exception. EPA is refining its interpretation to establish that the PSD permitting requirements will not apply to a newly regulated pollutant until a regulatory requirement to control emissions of that pollutant ``takes effect.'' In addition, this notice addresses several questions regarding the applicability of the PSD and Title V permitting programs to greenhouse gases (GHGs) upon the anticipated promulgation of EPA regulations establishing limitations on emissions of GHGs from vehicles under Title II of the CAA. Collectively, these conclusions result in an EPA determination that PSD and Title V permitting requirements will not apply to GHGs until at least January 2, 2011.
This final action is applicable as of March 29, 2010.
Mr. David Svendsgaard, Air Quality Policy Division (C504-03), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711, telephone number: (919) 541-2380; fax
Clean Air Act Permitting Programs:
Reconsideration of Interpretation of Regulations that Determine Pollutants
,
svendsgaard.dave@epa.gov
Federal Register
Vol. 75, no. 63
Office of the Federal Register, National Archives and Records Administration
2010-04-02
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393 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2010-04-02
P0b002ee1801d8b6e
0097-6326
0042-1219
0364-1406
769-004-00000-9
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https://www.govinfo.gov/app/details/FR-2010-04-02
https://www.govinfo.gov/content/pkg/FR-2010-04-02/pdf/FR-2010-04-02.pdf
https://www.govinfo.gov/content/pkg/FR-2010-04-02/xml/FR-2010-04-02.xml
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