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E8-9749 Treatment of Certain Ethanol Production Facilities Under the “Major Emitting Facility” Definition; Notice of Action Denying Petition for Reconsideration and Denying Request for Stay Rule The EPA is providing notice that it has responded to a petition for reconsideration of the final rule published May 1, 2007, entitled "Prevention of Significant Deterioration, Nonattainment New Source Review and Title V: Treatment of Certain Ethanol Production Facilities Under the `Major Emitting Facility' Definition." ("ethanol rule") The final ethanol rule changed the effect of the applicability provisions of two separate permitting programs under the Clean Air Act (CAA): the major New Source Review (NSR) program and the Title V programs. The final rule changed the "major stationary source" and "major source" definitions by amending the definition of "chemical process plants" under the regulatory definition of "major emitting facility" to exclude ethanol manufacturing facilities that produce ethanol by natural fermentation processes. On July 2, 2007, EPA received a petition for reconsideration pursuant to 307(d)(7)(B) of the CAA from the Natural Resources Defense Council ("NRDC"). The NRDC petition also requested that EPA stay implementation of the final rule pending reconsideration of the rule. The NRDC petition for reconsideration can be found in the rulemaking docket under Docket ID No. EPA-HQ-OAR-2006-0089. The EPA considered the petition and the information in the rulemaking docket in reaching a decision on the petition. The EPA Administrator Stephen L. Johnson denied the petition for reconsideration and the request for a stay of the rule in a letter to the petitioner dated March 27, 2008. The letter documents EPA's reasons for the denial and can be found in the rulemaking docket. 2008-05-02 2008 5 https://www.federalregister.gov/documents/2008/05/02/E8-9749/treatment-of-certain-ethanol-production-facilities-under-the-major-emitting-facility-definition https://www.govinfo.gov/content/pkg/FR-2008-05-02/pdf/E8-9749.pdf Environmental Protection Agency 145 The EPA is providing notice that it has responded to a petition for reconsideration of the final rule published May 1, 2007, entitled "Prevention of Significant Deterioration, Nonattainment New Source Review and Title V: Treatment of Certain Ethanol...

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