[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