EPA's PSD GHG SIP Fix Rulemaking

 

EPA is developing a proposal for a finding of SIP substantial inadequacy
and a SIP call—as well as a FIP, if necessary—for state (meaning
state, local, and tribal) air programs that have SIP-approved PSD
regulations that do not appear to apply to GHG-emitting sources.  The
purpose of this project overall is to ensure that either the state or
EPA has authority to issue a PSD permit to GHG-emitting sources by
January 2, 2011 (the date on which GHGs become subject to CAA permitting
requirements), or as soon as possible thereafter.  EPA generally
discussed this issue of inadequate SIP authority in the Tailoring Rule.

The tentative schedule is to publish the proposals in the Federal
Register in August 2010, and obtain the Administrator's signature of the
final action for the SIP call in early December 2010.

In the SIP call proposal, we will identify all SIP-approved PSD programs
(state and local) by name, sorting them into what we will call the "A"
list and the "B" list, and asking that each permitting authority advise
EPA of its GHG permitting authority status during the SIP call
proposal's 30-day comment period.

The "A" list would include only the state/locals for which our research
to date, including any information we have received from the states,
leads us to believe will need the SIP fix.  We will go final with the
SIP call for that state unless the state (or another commenter) provides
information during the comment period to indicate that the SIP does
apply PSD to GHG-emitting sources.  Thus, the "A" list is our
"presumptively SIP-called" list.

The "B" list would include all PSD SIPs that aren't on the "A" list.  We
will not go final with a SIP call for such a state unless the state (or
another commenter) provides information during the comment period to
indicate that in actuality, the state's PSD program does not cover
GHG-emitting sources.  Thus, the "B" list is our "presumptively
adequate" list.

We would appreciate assistance from the states, prior to proposal, in
identifying the relevant provisions of the SIPs or other state law that
determine whether these SIPs apply PSD to GHG-emitting sources.

 PAGE   

 PAGE   1 

PSD GHG SIP Fix Rulemaking

Summary for NACAA prepared June 2010

