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EPA Proposes Step 3 of the GHG Tailoring Rule

For PSD and Title V permitting, EPA is proposing to keep the same thresholds from Step 2 (PSD:  100,000 tons/yr CO2e for new sources, 75,000 tons/yr CO2e for modifications at major GHG sources; Title V:  100,000 tons/yr CO2e), primarily due to EPA’s determination that state permitting authorities do not have the infrastructure and expertise to apply GHG permitting requirements to smaller sources.  So, at this time, smaller sources will not be subjected to GHG permitting requirements.

In addition to keeping the same thresholds, EPA is proposing two actions to streamline GHG permitting:

  • Improve flexibility and usefulness of GHG Plantwide Applicability Limits (PALs).
  • Where EPA is the permitting authority, add regulatory authority for EPA to issue Synthetic Minor limits for GHGs.

EPA is also soliciting comments on a variety of topics, including:

  • Permitting activity and burden
  • Permitting authority resources
  • Impacts of lower GHG permitting thresholds
  • Permit streamlining methods, including PTE calculations, general permits, and presumptive GHG BACT.

Comments will be accepted until April 20, 2012.

Fact Sheet:  http://www.epa.gov/nsr/ghgdocs/Step3FactSheet.pdf

Proposed Rule:  http://www.gpo.gov/fdsys/pkg/FR-2012-03-08/pdf/2012-5431.pdf

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