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EPA Finalizes More Greenhouse Gas Permitting Actions; Tailoring Rule Set to Take Effect for Large Emitters on January 2

12/30/10

Source: SOCMA
Related Topics: Climate Change US Environmental Protection Agency

On December 29 and 30, EPA published six greenhouse gas (GHG) rules and findings in the Federal Register, relating to the implementation of the Prevention of Significant Deterioration (PSD) program for GHG-emitting sources, State Implementation Programs (SIPs), and Federal Implementation Plans (FIPs).

The rules include:

  • A finding that seven states (Ariz., Ark., Fla., Idaho, Kan., Ore., and Wyo.)  failed to submit revisions to their EPA-approved SIPs to apply PSD requirements to GHG-emitting sources by the December 22 deadline. 
    • 1. The finding requires EPA to promulgate a Federal Implementation Plan (FIP) for those states, applying PSD to GHG-emitting sources.   (It was effective on December 29.)
  • A final rule to give EPA authority to permit GHGs in seven states (Ariz., Ark., Fla., Idaho, Kan., Ore., and Wyo.) until the state or local agencies can revise their permitting regulations to cover these emissions
    • 1. EPA is establishing a Federal Implementation Plan to apply in each of those states.  It is effective beginning today, December 30.
  • A proposed rule, and an interim final rule, which changes EPA’s previous full approval of Texas’ PSD program to a partial approval and partial disapproval, and proposes a Federal Implementation Plan (FIP) for Texas.  The agency has determined that Texas’ program “is flawed because the state did not address how the program would apply to all pollutants that would become newly subject to regulation in the future, including NAAQS pollutants, among them GHG.”  The partial disapproval, in turn, requires EPA to promulgate a FIP.
    • 1. Comments on the proposed rule are due on February 12; A public hearing will be held on January 14. 

      2. The interim final rule, which is effective beginning today, December 30, “will ensure the availability of a permitting authority – EPA – in Texas for GHG-emitting sources” when the Tailoring Rule goes into effect on January 2.  This interim final rule expires on April 30.
  • A final rule which narrows EPA’s previous approval of state Title V operating permit programs that apply – or may apply – to GHG-emitting sources. 
    1. o   The agency is narrowing its previous approval of certain state permitting thresholds for GHG emissions “so that only sources that equal or exceed the GHG thresholds established in the final Tailoring rule would be covered as major sources by the federally-approved programs in the affected states.” 
      o   It is effective beginning today, December 30.
  • A final rule which narrows EPA’s previous approval of SIP PSD programs in 24 states that apply to GHG-emitting sources. 
    1. o   The agency is withdrawing its previous approval of those programs to the extent they apply PSD to GHG-emitting sources below the thresholds in the Tailoring rule.  This is effective beginning today, December 30






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