USEPA Amending PSD Program Regulations for Greenhouse Gases

USEPA is amending the federal Prevention of Significant Deterioration (PSD) program regulations to allow for rescission of certain PSD permits issued by USEPA and delegated reviewing authorities under Step 2 of the PSD and Title V Greenhouse Gas (GHG) Tailoring Rule. PSD applies to new major sources or major modifications at existing sources for pollutants where the area the source is located is in attainment or unclassifiable with the National Ambient Air Quality Standards. The amendment will provide a means by which USEPA and reviewing authorities can rescind PDS permits that are no longer required as a result of the U.S. Supreme Court decision in Utility Air Regulatory Group vs. USEPA and the amended appeals court judgment in Coalition for Responsible Regulation vs. USEPA. The rulings of the aforementioned cases determined that Step 2 of the Tailoring Rule was not necessary under the Clean Air Act (CAA), thus USEPA regulations implementing Step 2 were vacated. This action will give USEPA and delegated reviewing authorities the capability of rescinding Step 2 PSD permits for applicants who are able to demonstrate that they are eligible for permit rescission. Unless adverse comments are received by 8 June 2015, the rule becomes effective on 6 July 2015 without further notice.