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Don't make assumption about your customers based on their age color or race. When dealing with negative contact some times the best response is no response. Basic function of law are divided into three categaries tight, privileges and obligation. In case of bank robbery or kidnapping Security guard used necessary force. The basic requirement of personal access are determining identity and determining the level of access.

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The EPA is amending the requirements for particulate matter less than 2. Although listed in the index, some information may not be publicly available, e. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form.

The Public Reading Room is open from a. The telephone number for the Public Reading Room is , and the telephone number for the Air Docket is Environmental Protection Agency, Research Triangle Park, North Carolina , telephone number: , facsimile number: , e-mail address: deroeck. The information in this Supplementary Information section of this preamble is organized as follows:. Does this action apply to me? Where can I get a copy of this document and other related information?

Overview of Final PM 2. Significant Impact Levels. Significant Monitoring Concentration. Revised PM 2. Historical Approaches for Developing Increments.

Final Action on PM 2. Decision To Establish PM 2. Rationale for the Applicability of Section a. Contingent Safe Harbor Approach. Balancing the Factors Applicable Under Section c. Additional Impacts Analysis. Final PM 2.

Identification of Safe Harbor Increments. Scope of Effects Considered. Fundamental Elements of Increments. Evaluation of the Safe Harbor Increments. Compliance Determinations for the PM 2. Modeling Compliance With PM 2. Other Comments on Increments.

SILs for Other Pollutants. Final Action on the PM 2. Effective Date of the Final Rule. Other Regulatory Changes. Statutory and Executive Order Reviews. Executive Order —Regulatory Planning and Review. Paperwork Reduction Act. Regulatory Flexibility Act. Unfunded Mandates Reform Act. Executive Order —Federalism. National Technology Transfer and Advancement Act.

Congressional Review Act. Entities affected by this rule include sources in all industry groups. The majority of sources potentially affected are expected to be in the following groups:. Entities affected by this rule also include State and local permitting authorities, and tribal authorities that implement these regulations. In addition to being available in the docket, an electronic copy of this final rule will also be available on the World Wide Web.

The purpose of this rulemaking is to finalize certain program provisions under the regulations to prevent significant deterioration of air quality due to emissions of PM 2. This final rule supplements the final implementation rule for PM 2.

Together, these three rules encompass the elements necessary for implementation of a PM 2. This rulemaking establishes increments for PM 2. The final PM 2. As discussed in more detail in sections V. This final rule does not revoke the annual increments for particulate matter less than 10 micrometers PM 10 as proposed under Option 1 in the NPRM.

Thus, we are retaining the hour and annual PM 10 increments in addition to adding PM 2. This outcome is discussed in greater detail in section V. H of this preamble. See a more detailed discussion of the SILs, as well as the relevant comments and our responses to them, in section VI of this preamble.

See section VIII of this preamble for further discussion of the effective date. A more detailed discussion of the proposed SMC is presented in section VII of this preamble, describing the rationale for altering the proposed SMC, and the relevant comments on the proposed SMC and our responses to them. The NSR provisions of the Act are a combination of air quality planning and air pollution control technology program requirements for new and modified stationary sources of air pollution.

Once we have set these standards, states must develop, adopt, and submit to us for approval SIPs that contain emission limitations and other control measures to attain and maintain the NAAQS and to meet the other requirements of section a of the Act. Once a major source is determined to be subject to the PSD program PSD source , among other requirements, it must undertake a series of analyses to demonstrate that it will use the best available control technology BACT and will not cause or contribute to a violation of any NAAQS or increment.

For the latter demonstration, the PSD regulations generally require sources to submit for review and approval a source impact analysis and an air quality analysis. The source impact analysis is primarily a modeling analysis designed to show that the allowable emissions increase from the proposed project, in conjunction with other emissions increases from existing sources, will not result in a violation of either the NAAQS or increments.

The air quality analysis must assess the ambient air quality in the area that the proposed project would affect. For this analysis, the owner or operator of the proposed project must submit as part of a complete permit application air quality monitoring data that represent the air quality in the area affected by the proposed source for the 1-year period preceding receipt of the application. Where data may already exist to represent existing air quality, it may be used by the applicant; otherwise, the source owner or operator is responsible for the installation and operation of monitors to collect the necessary data.

Historically, EPA has allowed the use of several types of screening tools to facilitate implementation of the preconstruction review process to reduce the permit applicant's burden and streamline the permitting process for de minimis circumstances. The SER, defined in tons per year tpy for each regulated pollutant, is used to determine whether the emissions increase from any proposed source or modification can be excluded from review on the grounds that the increase of any particular pollutant is de minimis.

An emission increase for a particular pollutant that is greater than the SER defined in the NSR regulations for that pollutant is considered to be a significant increase.

The PSD regulations generally require each PSD applicant to collect 1 year of continuous air quality monitoring data for any pollutant determined to be subject to preconstruction review as part of complete PSD permit application. When the reviewing authority reaches a preliminary decision to authorize construction of a proposed major new source or major modification, it must provide notice of the preliminary decision and an opportunity for comment by the general public, industry, and other persons that may be affected by the emissions of the proposed major source or major modification.

After considering these comments, the reviewing authority may issue a final determination on the construction permit in accordance with the PSD regulations. The PM 10 particles are the subset of inhalable particles small enough to penetrate to the thoracic region including the tracheobronchial and alveolar regions of the respiratory tract referred to as thoracic particles.

While we determined that the NAAQS should continue to focus on particles less than or equal to 10 micrometers in diameter, we also determined that the fine and coarse fractions of PM 10 should be considered separately. The NAAQS rule also modified the PM 10 NAAQS for the purpose of regulating the coarse fraction of PM 10 referred to as thoracic coarse particles or coarse-fraction particles; generally including particles with a nominal mean aerodynamic diameter greater than 2.

Section a 1 of the Act provides that no new or modified major source may be constructed without a PSD permit that meets all of the section a requirements with respect to the regulated pollutant. Moreover, section a 3 provides that the emissions from any such source may not cause or contribute to a violation of any increment or NAAQS. The guidance stated that sources would be allowed to use implementation of a PM 10 program as a surrogate for meeting PM 2.

These difficulties included the lack of necessary tools to calculate the emissions of PM 2. This memorandum provided guidance on the implementation of the nonattainment major NSR provisions in PM 2. In addition to affirming the continued use of the John S. Seitz guidance memo in PM 2. On November 1, , we proposed a rule to implement the PM 2. We also indicated in that proposal that we would be developing increments, SILs, and an SMC in a separate rulemaking, i.

Since there was an interim surrogate NSR program in place, i. For PSD baseline purposes, a baseline area for a particular pollutant emitted from a source includes the attainment or unclassifiable area in which the source is located, as well as any other attainment or unclassifiable area in which the source's emissions of that pollutant are projected by air quality modeling to result in a significant ambient pollutant increase. See, e.

Once the baseline area is established, subsequent PSD sources locating in that area need to consider that a portion of the available increment may have already been consumed by previous emissions increases. Most emissions increases that occur after the baseline date will be counted toward the amount of increment consumed.

Similarly, emissions decreases after the baseline date restore or expand the amount of increment that is available. In practice, three dates related to the PSD baseline concept are important in understanding how to calculate the amount of increment consumed— 1 Trigger date; 2 major source baseline date; and 3 minor source baseline date.

The first relevant date is the trigger date. The trigger date, as the name implies, triggers the overall increment consumption process nationwide. Specifically, this is a fixed date, which must occur before the minor source baseline date can be established for the pollutant-specific increment in a particular attainment area. See, 40 CFR For PM regulated as TSP and SO 2 , Congress defined the applicable trigger date as August 7, —the date of the amendments to the Act when the original statutory increments were established by Congress.

For nitrogen dioxide NO 2 , we selected the trigger date as February 8, —the date on which we proposed increments for NO 2. See 53 FR , ; October 17, In this final rule, as described later, we are establishing a separate trigger date for purposes of implementing the PM 2.

See section V. F of this preamble for additional discussion of the trigger date for PM 2. The statutory definition provides that the baseline concentration of a pollutant for a particular baseline area is generally the air quality at the time of the first application for a PSD permit in the area.

Consequently, any increases in actual emissions occurring after that date with some possible exceptions that we will discuss later would be considered to consume the applicable PSD increment.

To make this distinction between the date when emissions resulting from the construction at a major stationary source consume the increment and the date when emissions changes in general i. See 40 CFR Congress defined the major source baseline date for the statutory increments for PM and SO 2 as January 6, For the NO 2 increments, which we promulgated in under our authority to establish an increment system under section a of the Act, the major source baseline date we selected was February 8, —the date on which we proposed increments for NO 2.

In both instances, the major source baseline date for the individual increments was set as a date which preceded the date on which the regulations pertaining to those increments were issued. In this final rule, as described later, we are establishing a separate major source baseline date for implementing the PM 2.

F of this preamble for further discussion of the major source baseline date for PM 2. After the minor source baseline date, any increase in actual emissions from both major and minor sources consumes the PSD increment for that area.

Once the minor source baseline date is established, the new emissions increase from that major source consumes a portion of the increment in that area, as do any subsequent actual emissions increases that occur from any new or existing source in the area. Moreover, the air quality in a region cannot deteriorate to a level in excess of the applicable NAAQS, even if all the increment in the area has not been consumed.

Therefore, new or modified sources located in areas where the air pollutant concentrations are near the level allowed by the NAAQS may not have full use of the amount of Start Printed Page pollutant concentration increase allowed by the increment.

Under EPA guidance, the actual increment analysis that a proposed new or modified source undergoing PSD review must complete depends on the area impacted by the source's new emissions.

We have provided approved air quality models and guidelines for sources to use to project the air quality impact of each pollutant over each averaging period for which an increment analysis must be done. These SILs have also been used for implementing the PSD program to identify levels below which the source's modeled impact of a particular pollutant is regarded as de minimis.

In the event that a source's modeled impacts of a particular pollutant are below the applicable SIL at all ambient air locations modeled, i. Our longstanding policy under the PSD program is that when a preliminary screening analysis based on the SIL is sufficient to demonstrate that the source's emissions throughout the area modeled will not cause or contribute to a violation of the increment, there is no need for a comprehensive source impact analysis involving a cumulative evaluation of the emissions from the proposed source and other sources affecting the area.

Within the impact area of a source subject to PSD, that is, the area within which the proposed project's emissions increase does have a significant impact, increment consumption is calculated using the source's proposed emissions increase, along with other actual emissions increases or decreases of the particular pollutant from any sources in the area, which have occurred since the minor source baseline date established for that area.

In addition, the emissions increases or decreases from any major source that has commenced construction since the major source baseline date which precedes the minor source baseline date will consume or expand increment. Thus, an emissions inventory of sources whose emissions, in whole or in part, of a particular pollutant consume or expand the available increment in the area must be compiled. The inventory of increment-consuming emissions includes not only sources located directly in the impact area, but sources outside the impact area that affect the air quality for the particular pollutant within the impact area.

The inventory of increment-consuming emissions includes emissions from increment-affecting sources at two separate time periods—the baseline date and the current period of time. For each source that was in existence on the relevant baseline date major source or minor source , the inventory includes the source's actual emissions on the baseline date and its current actual emissions. The change in emissions over these time periods represents the emissions that consume increment or, if emissions have gone down, expand the available increment.

For sources constructed since the relevant baseline date, all their current actual emissions consume increment and are included in the inventory. When the inventory of increment-consuming emissions has been compiled, computer modeling is used to determine the change in ambient concentration that will result from these emissions when combined with the proposed emissions increase from the new major source or major modification that is undergoing PSD review.

The model output expressed as a change in concentration for each relevant averaging period is then compared to the corresponding allowable PSD increment. Congress established the first increments defining significant deterioration of air quality in the Amendments to the Act.

The three area classes are part of the increment system originally established by Congress. Congress designated Class I areas including certain national parks and wilderness areas as areas of special national concern, where the need to prevent deterioration of air quality is the greatest. Consequently, the allowable level of incremental change is the smallest relative to the other area classes, i.

The increments of Class II areas are larger than those of Class I areas and allow for a moderate degree of emissions growth. To date, there have been no redesignations made to establish a Class III area. Congress also provided authority for EPA to promulgate additional increments and to update the original PM increments created by statute.

The EPA has promulgated two regulations pursuant to this authority. Reilly, No. The EDF successfully argued that we failed to sufficiently consider certain provisions in section of the Act. EPA, F. Section c of the Act requires the PSD regulations to, among other things, meet the goals and purposes set forth in sections and of the Act. Section d requires these regulations be at least as effective as the increments established for PM in the form of TSP and SO 2 in section of the Act.

In response to the court's decision, we proposed rulemaking on increments for NO 2 on February 23, 70 FR and finalized the rule on October 12, 70 FR In the final rule, we established our policy on how to interpret and apply the requirements of sections c and d of the Act. In accordance with the court ruling, we conducted further analyses considering the health and welfare effects of NO X and concluded that the existing NO 2 increments were adequate to fulfill the requirements of section c.

See 70 FR for our detailed analysis of how pollutant regulations satisfy the requirements of section of the Act. Hence, we retained the existing NO 2 increments along with other parts of the existing framework of pollutant-specific NO 2 increment regulations. To receive our approval of an alternative program, a State must demonstrate that its program satisfies the requirements of sections c and d of the Act and prevents significant deterioration of air quality from emissions of NO X.

On October 5, , we proposed PM 10 increments. See 54 FR We further concluded that promulgating PM 10 increments to replace, rather than supplement, the statutory TSP increments under section represented the most sensible approach for preventing significant deterioration with respect to PM. As part of these amendments, Congress amended section to add a new section f. Thus, we were able to replace the TSP increments under section of the Act using PM 10 increments based directly on the newly enacted authority under section f of the Act.

In the PM 10 rule, we maintained the existing baseline dates and baseline areas for PM that had been previously established using the TSP indicator. Under this approach, we used the original TSP increments as a benchmark for calculating the PM 10 increments, thereby retaining roughly the same limitations on future deterioration of air quality as was allowed under the TSP increments.

In using this approach, we considered the historical consumption of TSP increment by a sample population of permitted PSD sources, and then determined the PM 10 increments for each area classification and averaging time that would provide approximately the same percentage of PM 10 increment consumption, on average, by the same population of sources. Then, all future calculations of increment consumption after the PM 10 implementation date would be based on PM 10 emissions.

See 58 FR and In this section of the preamble, we will summarize the considerations that went into our proposed action and describe the final action being taken regarding new regulations for preventing significant deterioration of PM 2. A through V. E, baseline dates and other permit requirements for PM 2. F , baseline areas for PM 2. G , and PM 10 increments section V. Option 1 used the authority of section a of the Act to establish increments for PM 2.

Options 2 and 3 used the contingent safe harbor approach under section a to only develop hour PM 2. Each of these options is discussed in detail in the NPRM. In addition, significant comments on each of the three options, and our responses to them, are provided in this section V of this preamble.

In this final rule, after considering the available information and comments from interested parties, EPA has decided to select Option 1 and establish increments for PM 2. This final rule establishes increments for PM 2. Section a requires EPA to develop regulations to prevent the significant deterioration of air quality due to emissions of certain named pollutants, and to develop such regulations for any pollutants for which NAAQS are subsequently promulgated.

Nine commenters supported our proposed Option 1, although only three of these explicitly expressed support for the use of section a authority to promulgate PM 2. One of the commenters who explicitly agreed with our proposed use of section a authority stated that it is the only option that is legally available. This commenter asserted that section a plainly applies to PM 2. On the other hand, this commenter noted that by its terms, section f is limited to authorizing the adoption of PM 10 increments as a substitute for the statutory TSP increments and does not provide for substitution of PM 2.

The opposing commenters did not believe that section a provides a legal basis for EPA to promulgate PM 2. One of these commenters stated that section a can only be used for a new pollutant, and PM 2. Another commenter who opposed the use of section a authority argued that nothing in section a of the Act can be interpreted to allow it to be used as the basis of increments when EPA revises an existing NAAQS. The commenter explained that, on its face, section a can only be interpreted to apply to pollutants other than PM and SO 2 since increments for these pollutants were enacted by Congress in section of the Act.

The commenter added that it can be argued that Congress intended to have section a apply to the four other pollutants specifically listed there. The commenter asserted that if EPA had defined a coarse fraction to the particulate matter standards, then that fraction, together with the PM 2. The commenter added that given that the definition of particulate matter includes a vast conglomeration of solids and liquids, the finding of differing effects should not come as a surprise.

The commenter explained that as is the case of different pollutants having similar effects that are, nonetheless, treated as separate pollutants, the same concept should apply to a range or fraction of particulate matter found to have different effects in establishing it as another indicator and not a different pollutant.

The commenter did not disagree with the specific numerical increments proposed by EPA under Option 1, but did have concerns with the potential consequences of the section a approach. The commenter's primary concern was the proposal to allow states to substitute other measures in the place of uniform national increments for PM 2.

This is discussed further in section V. Another commenter also expressed this concern. Another commenter who opposed the section a approach believes that the legal and congressional history regarding the establishment of PM increments shows that Congress added section f to the Act based on the conviction that without it, EPA had no authority to revise the PM increments for PM 10 citing and quoting from S.

The commenter concluded that EPA did not have authority in under section a to adopt PM 10 increments, and does not have authority now under section a to adopt PM 2. There was no need for Congress to list other criteria pollutants, SO 2 and PM, in section a because Congress had already established increments for these pollutants in section of the Act. In addition to requiring regulations for the enumerated pollutants, we conclude that under section of the Act Congress intended to authorize EPA to establish additional pollutant-specific PSD regulations, potentially containing increments, for any additional pollutants for which EPA promulgated a NAAQS under section of the Act.

Moreover, any new increments developed pursuant to section a have no effect on existing increments, as there is no indication therein that an existing increment should be revoked or replaced when additional increments are promulgated.

Had Congress not added new section f in , increments for PM 10 could have been developed pursuant to section a of the Act, but such increments would have had no effect on the original statutory increments for PM based on TSP.

Consequently, seeing no basis for retaining the original increments, Congress added section f which explicitly provides for the replacement of the existing increments with PM 10 increments. In the same analysis, the commenter concluded that EPA must adopt new measures to prevent significant deterioration from coarse PM based on section a. In this final rule, EPA is not setting or amending any increments for PM 10 or otherwise taking action with respect to PM 10 increments.

The preexisting annual and hour increments for PM 10 are being retained. Thus, no substantive response to this comment is needed. Nevertheless, as mentioned earlier, Congress provided explicit authority under section f of the Act to address increments for PM 10, because it intended for such increments to be substitute increments for the original statutory increments for PM measured as TSP.

Thus, the PM 10 increments legally supersede the original statutory increments for PM. Had the PM 10 increments been developed under section a , which prior to the Act Amendments was the only authority available for developing new increments, then the original statutory PM increments would have remained in effect in addition to the PM 10 increments.

The commenter stated that it would be arbitrary and capricious to promulgate these regulations for which EPA has not stated legal authority. We do not disagree that the NPRM described two different legal authorities for the two different options for establishing increments, but we disagree that these discussions did not clearly present the alternative legal bases that the Agency was considering for taking action in this rule.

In particular, we clearly described our legal authority for developing the hour and annual PM 2. Second, we provided a discussion of this authority both in general see 72 FR and , and how it would be applied to establish increments for PM 2. We now believe that section a provides the most straightforward approach for developing increments for a pollutant or pollutant indicator for which no increments have yet been established.

Our position is also consistent with the comments we received which supported the delay in implementation of the PM 2. See further description of relevant comments in section VIII of this section. In section a of the Act, Congress directed EPA to develop pollutant-specific regulations to prevent significant deterioration of air quality.

Congress further specified that such regulations meet specific requirements set forth in sections c and d of the Act. We stated in the NPRM that because we believed that section a could be applied to the development of increments for PM 2. That particular interpretation and application was upheld in Environmental Defense v. The EPA's interpretation of these provisions is grounded on five principles and conclusions.

First, we read section of the Act to direct EPA to conduct a holistic analysis that considers how a complete system of regulations will collectively satisfy the Start Printed Page applicable criteria, rather than evaluating one individual part of a regulatory scheme in isolation. Third, we interpret section c of the Act to identify eight statutory factors that EPA must apply when promulgating pollutant-specific regulations to prevent significant deterioration of air quality.

Fourth, where these factors are at odds with each other, we interpret the statute to require EPA to use its judgment to balance the conflicting factors. Fifth, we recognize that the requirements of section may be satisfied by adopting other measures besides an increment and that EPA may allow states to demonstrate that alternatives to increments contained in a SIP meet the requirements of sections c and d. Your positive atitude will help. My PSA was , so 40 is very high, but there are also test results much much higher than mine.

My Biopsy was a piece of cake. I had the Michael Jackson sleeping pill, had no side effects from either the procedure or anaesthesia. Poster have told of Drs who do not anaethetize enough and cause patients much discomfort, which is NOT necessary.

Be sure to get a second opinion on the Biopsy results. The Gleason score is pretty much in the eye of the beholder, so mistakes are easy and two opinions give more confidence. Welcome to the board, and thanks for your input. Love, Swami Rakendra. For me the biopsy was 'manageable' but discomfort was experienced. I believe some of the needle bigs were more extreme than others depending on where in the prostate the doctor was trying to reach.

Your husband will have blood with BM for several days and I also had some bleeding in my underware from the experience. As Kongo has mentioned yes 40 is HIGH but other factors could be the cause which he has outlined for you. The doctor will also give him some pills to take before the biopsy and make sure and take these.

A friend of mine did not take and he experienced a severe infection since they needle biosopy is done through the rectum wall. So follow the doctors orders exactly! Just feels so good to hear from those who have been there.

I found that most helpful to me as I went through my cancers. Other folks just don't get it. He has complained of urinary issues for 3 years which have been attributed to BPH. Servan Schribner when I was going through my stuff and "managing your terrain" makes so much sense. Lewvino, we have prescriptions for antibiotics to start before the biopsy as well as the good ol' Fleet enema.

We will indeed have a second opinion once we get the first one. In addition, I volunteer as a peer navigator for newly diagnosed breast cancer patients and there is a very active group of prostate cancer peer navigators at my cancer center, most of whom I know because we talk to each other on occasion.

While my husband is not one to join support groups and such, if he is diagnosed with prostate cancer, I will connect him with the prostate cancer guys. Those guys are great and from my experience on the breast cancer side, all patients who I have navigated have been really pleased with the guidance, comraderie and understanding we provide.

It's a really great program and I wish I had someone when I was overwhelmed with everything. I will follow-up with you here in mid October after we get the biopsy results and know something. Thank you again. Hi Double Whammy. First, my very best wishes to you. This must be very worrying for you, having experienced cancer yourself, but in our experience this disease is very manageable and we got in after the horse had bolted. My husband's PSA went from 4.

Subsequent biopsy and bone scan in February of this year showed metastases from neck to foot. Aside from a pain in his collarbone, no symptoms. He has had no problems with these drugs, except for occasional ED and had a long and jovial conversation about real estate while having his core biopsies done. Said he didn't feel anything uncomfortable. He then deliberately lost 50 pounds and went off his heart meds statin and antihypertensive.

We have gathered a great team together - wonderful oncologist, urologist, and naturopathic physician. A month ago, he sprained his ankle and last week had an x-ray in the foot where the bone scan had shown a metastasis. We were a little concerned since the ankle remained painful for a long time. The radiologist said he could see no sign of the metastatic lesion and that this was a common sprain. It is now better. So what I am saying is that this is obviously a very serious disease, but our own experience to date and the experiences of two friends with metastatic PCa both well over 10 years on from metastatic diagnosis has been very positive.

We do credit diet, lifestyle, a great team, the right drugs, and an attitude that focuses on wellness and not disease as contributing greatly. Both our friends with the PCa are vegetarian. Of course, in most cases, the cancer becomes castrate resistant meaning the ADT drugs no longer work to keep it at bay and other therapies have to be used, including other ADT drugs.

But we now have Zytiga, Xtandi and Provenge in the mix and more drugs being fast tracked every couple of months it seems. So it's not all doom and gloom. Just want to say too that prostatitis can cause very high levels of PSA. Wishing you and your husband the very best. Typically doctors do further screening before engaging in a biopsy. Surely his doctor is basing the facts in two valuable markers; the PSA and the DRE, both positive for a possible case of cancer.

I would take this opportunity to prepare a list of questions for the next meeting. Another consideration is financial and the family matters. Insurances will not cover if taken after a positive diagnosis. By Free-PSA, are you meaning the standard test? It could be that some of the PSA is from healthy cells we hope.


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