Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Parts 51 and 52</CFR> <DEPDOC>[EPA-HQ-OAR-2022-0381; FRL-9249-01-OAR]</DEPDOC> <RIN>RIN 2060-AV62</RIN> <SUBJECT>Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> The Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> In this action, the Environmental Protection Agency (EPA) is proposing revisions to the preconstruction permitting regulations that apply to modifications at existing major stationary sources in the New Source Review (NSR) program under the Clean Air Act (CAA or Act). The proposed revisions include revising the definition of “project” in the NSR regulations, adding additional recordkeeping and reporting requirements applicable to minor modifications at existing major stationary sources, and proposing to require that decreases accounted for in the Step 1 significant emissions increase calculation be enforceable. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> <E T="03">Comments:</E> Comments must be received on or before July 2, 2024. <E T="03">Public hearing:</E> If anyone contacts the EPA requesting a public hearing by May 8, 2024, the EPA will hold a virtual public hearing. <E T="03">See</E> <E T="02">SUPPLEMENTARY INFORMATION</E> for information on requesting and registering for a public hearing. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> <E T="03">Comments:</E> You may send comments, identified by Docket ID No. EPA-HQ-OAR-2022-0381, by any of the following methods: <E T="03">Federal eRulemaking Portal: https://www.regulations.gov/</E> (our preferred method). Follow the online instructions for submitting comments. • <E T="03">Email:a-and-r-docket@epa.gov.</E> Include Docket ID No. EPA-HQ-OAR-2022-0381 in the subject line of the message. • <E T="03">Fax:</E> (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-2022-0381. • <E T="03">Mail:</E> U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2022-0381, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • <E T="03">Hand/courier delivery:</E> EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal holidays). <E T="03">Instructions:</E> All submissions received must include the Docket ID No. EPA-HQ-OAR-2022-0381 for this rulemaking. Comments received may be posted without change to <E T="03">https://www.regulations.gov/,</E> including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the <E T="02">SUPPLEMENTARY INFORMATION</E> section of this document. For further information on EPA Docket Center services and the current status, please visit us online at <E T="03">https://www.epa.gov/dockets.</E> In addition, the EPA has a website for NSR rulemakings at: <E T="03">https://www.epa.gov/nsr.</E> The website includes the EPA's proposed and final NSR regulations, as well as guidance documents and technical information related to preconstruction permitting. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Mr. Peter Keller, Air Quality Policy Division, Office of Air Quality Planning and Standards (C539-04), Environmental Protection Agency, Post Office Box 12055, Research Triangle Park, NC 27711; telephone number: (919) 541-2065; email address: <E T="03">keller.peter@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <E T="03">Public hearing.</E> To request a virtual public hearing, contact Ms. Pamela Long at (919) 541- 0641 or by email at <E T="03">long.pam@epa.gov.</E> If requested, the virtual hearing will be held on May 20, 2024. The hearing will convene at 9:00 a.m. Eastern Time (ET) and will conclude at 3:00 p.m. ET. The EPA may close a session 15 minutes after the last pre-registered speaker has testified if there are no additional speakers. The EPA will announce further details at <E T="03">https://www.epa.gov/nsr.</E> Upon publication of this document in the <E T="04">Federal Register</E> <E T="03">,</E> the EPA will begin pre-registering speakers for the hearing, if a hearing is requested. To register to speak at the virtual hearing, please use the online registration form available at <E T="03">https://www.epa.gov/nsr</E> or contact Ms. Pamela Long at (919) 541-0641 or by email at <E T="03">long.pam@epa.gov.</E> The last day to pre-register to speak at the hearing will be May 16, 2024. Prior to the hearing, the EPA will post a general agenda that will list pre-registered speakers in approximate order at: <E T="03">https://www.epa.gov/nsr.</E> The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearings to run either ahead of schedule or behind schedule. Each commenter will have 3 minutes to provide oral testimony. The EPA encourages commenters to provide the EPA with a copy of their oral testimony electronically (via email) by emailing it to <E T="03">long.pam@epa.gov.</E> The EPA also recommends submitting the text of your oral testimony as written comments to the rulemaking docket. The EPA may ask clarifying questions during the oral presentations but generally will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral testimony and supporting information presented at the public hearing. Please note that any updates made to any aspect of the hearing will be posted online at <E T="03">https://www.epa.gov/nsr.</E> While the EPA expects the hearing to go forward as set forth earlier, please monitor our website or contact Ms. Pamela Long at (919) 541-0641 or by email at <E T="03">long.pam@epa.gov</E> to determine if there are any updates. The EPA does not intend to publish a document in the <E T="04">Federal Register</E> announcing updates. If you require the services of a translator or special accommodations such as audio description, please preregister for the hearing with Ms. Pamela Long and describe your needs by May 13, 2024. The EPA may not be able to arrange special accommodations without advanced notice. <E T="03">Docket.</E> The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2022-0381. All documents in the docket are listed in the <E T="03">Regulations.gov</E> index. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically in <E T="03">Regulations.gov</E> or in hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the EPA Docket Center is (202) 566-1742. <E T="03">Instructions.</E> Direct your comments to Docket ID No. EPA-HQ-OAR-2022- 0381. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at <E T="03">https://www.regulations.gov,</E> including any personal information provided, unless the comment includes information claimed to be CBI or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through <E T="03">https://www.regulations.gov</E> or email. This type of information should be submitted by mail as discussed later. The EPA may publish any comment received to its public docket. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission ( <E T="03">i.e.,</E> on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> The <E T="03">https://www.regulations.gov</E> website is an “anonymous access” system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through <E T="03">https://www.regulations.gov,</E> your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any digital storage media you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should not include special characters or any form of encryption and be free of any defects or viruses. For additional informa ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 299k characters. 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