{"abstract":"In a December 18, 2008 memorandum, EPA established an interpretation of the regulatory phrase \"subject to regulation\" that is applied to determine the pollutants subject to the federal Prevention of Significant Deterioration (PSD) program under the Clean Air Act (CAA or Act). On February 17, 2009, the EPA Administrator granted a petition for reconsideration of the regulatory interpretation in the memorandum. However, the Administrator did not grant a request to stay the memorandum, so the interpretation remains in effect for the federal PSD program pending completion of this reconsideration action. This document implements the grant of reconsideration by discussing and requesting public comment on various interpretations of the regulatory phrase \"subject to regulation.\" The interpretations discussed in this document include our current and preferred interpretation, which would make PSD applicable to a pollutant on the basis of an EPA regulation requiring actual control of emissions of a pollutant, as well as interpretations that would make PSD applicable to a pollutant on the basis of an EPA regulation requiring monitoring or reporting of emissions of a pollutant, the inclusion of regulatory requirements for specific pollutants in an EPA-approved state implementation plan (SIP), an EPA finding of endangerment, and the grant of a section 209 waiver. This document also takes comments on related issues and other interpretations that could influence this reconsideration.","action":"Proposed rule; reconsideration.","agencies":[{"raw_name":"ENVIRONMENTAL PROTECTION AGENCY","name":"Environmental Protection Agency","id":145,"url":"https://www.federalregister.gov/agencies/environmental-protection-agency","json_url":"https://www.federalregister.gov/api/v1/agencies/145","parent_id":null,"slug":"environmental-protection-agency"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2009/10/07/E9-24196.html","cfr_references":[{"chapter":null,"citation_url":null,"part":52,"title":40}],"citation":"74 FR 51535","comment_url":null,"comments_close_on":"2009-12-07","correction_of":null,"corrections":[],"dates":"Comments. Comments must be received on or before December 7, 2009.","disposition_notes":null,"docket_ids":["EPA-HQ-OAR-2009-0597","FRL-8966-6"],"dockets":[],"document_number":"E9-24196","effective_on":null,"end_page":51549,"executive_order_notes":null,"executive_order_number":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2009/10/07/E9-24196.xml","html_url":"https://www.federalregister.gov/documents/2009/10/07/E9-24196/prevention-of-significant-deterioration-psd-reconsideration-of-interpretation-of-regulations-that","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/E9-24196?publication_date=2009-10-07","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2009-10-07/E9-24196/mods.xml","not_received_for_publication":null,"page_length":15,"page_views":{"count":319,"last_updated":"2026-10-24 16:15:04 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2009-10-07/pdf/E9-24196.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":null,"publication_date":"2009-10-07","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2009/10/07/E9-24196.txt","regulation_id_number_info":{"2060 AP87":null},"regulation_id_numbers":["2060 AP87"],"regulations_dot_gov_info":{"checked_regulationsdotgov_at":"2009-10-07T21:22:18Z"},"regulations_dot_gov_url":null,"significant":null,"signing_date":null,"start_page":51535,"subtype":null,"title":"Prevention of Significant Deterioration (PSD): Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by the Federal PSD Permit Program","toc_doc":"Reconsideration of Interpretation of Regulations that Determine Pollutants Covered by the Federal PSD Permit Program","toc_subject":"Prevention of Significant Deterioration (PSD):","topics":["Administrative practice and procedure","Air pollution control","Environmental protection","Intergovernmental relations","Reporting and recordkeeping requirements"],"type":"Proposed Rule","volume":74}