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EPA/AR RIN: 2060-AN65 Publication ID: Fall 2008 
Title: Revisions to the Definition of Potential to Emit (PTE) 
Abstract: This rule would revise the definition of the term “potential to emit” (PTE) used in numerous regulations to determine the applicability of major source requirements. The regulatory amendments will address enforceability issues raised in court decisions by the D.C. Circuit regarding the types of limitations allowed to be used in a source’s PTE calculations. We plan revisions to the definitions of PTE for three major source Act programs: (1) Major New Source Review (NSR) program, (2) the section 112 program that regulates Hazardous Air Pollutants (HAPs), and (3) the title V state operating permit programs. We also plan to amend regulations that were not part of the court cases challenging the definition of potential to emit (e.g., visibility rules and Federal operating permits program rules) in order to be consistent with other EPA regulations. In addition to addressing the issue of whether PTE limitations have to be federally enforceable, the revised definition of PTE would set forth the specific criteria a limitation must meet to be effective. Finally, the proposal would clarify that EPA now uses the term “federally enforceable” to refer only to the ability of the Federal government or citizens to enforce the requirement in federal courts, and not to the effectiveness of PTE limits as well. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 51 and 52    40 CFR 63    40 CFR 70 and 71   
Legal Authority: 42 USC 7401    42 USC 7412    42 USC 7414    42 USC 7416    42 USC 7601   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/00/2009    
Additional Information: SAN No. 5025
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Grecia Castro
Environmental Protection Agency
Air and Radiation
C504-05,
Research Triangle Park, NC 27711
Phone:919 541-1351
Fax:919 541-5509
Email: castro.grecia@epa.gov

Lynn Hutchinson
Environmental Protection Agency
Air and Radiation
C504-03,
RTP, NC 27711
Phone:919 541-5795
Fax:919 541-5509
Email: Hutchinson.Lynn@epamail.epa.gov