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NSR Rulemaking March 2009

NSR Rulemaking March 2009. Heather Abrams Air Permits Section EPA Region IV. Rulemaking Actions. PM 2.5 Increments, Significant Impact Levels, and Significant Monitoring Concentration Rule Proposed 09/31/07 Comment period was extended to 01/21/08

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NSR Rulemaking March 2009

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  1. NSR RulemakingMarch 2009 Heather Abrams Air Permits Section EPA Region IV

  2. Rulemaking Actions • PM2.5 Increments, Significant Impact Levels, and Significant Monitoring Concentration Rule • Proposed 09/31/07 • Comment period was extended to 01/21/08 • Final agency review (FAR) projected for 4/15/09. • Final action is projected for August/ September 2009

  3. Rulemaking Actions (cont.) • Flexible Air Permitting Rule • Another method for providing greater permitting flexibility • Rule proposed 09/12/07 • Final action was 1/13/09 • Publication in FR on hold pending rule review at the direction of the President.

  4. Rulemaking Actions (cont.) • PSD Increment Modeling Practices Rule • Alternative approach for modeling PSD increment consumption • FAR occurred on 08/05/08 • Decision has been made to not finalize this rule

  5. Rulemaking Actions (cont.) • NSR Electric Generating Units Rule • Use of hourly rather than annual emissions increase as basic NSR applicability test • FAR occurred on 10/23/08 • Decision has been made to not finalize this rule

  6. Rulemaking Actions (cont.) • Greenhouse Gases • Proposed rule currently at Office of Management and Budget (OMB) which requires sources to only report CO2 emissions • Background: • U.S. Supreme Court declared CO2 an air pollutant (Massachusetts vs. EPA) • EPA’s position, which is under challenge, is that CO2 is not currently a “regulated” NSR pollutant

  7. Rulemaking Actions (cont) • Implementing the 8-hour Ozone NAAQS: NSR Antibacksliding Rule • Expected to be proposed in mid-2009

  8. Reconsiderations • Implementation of NSR Program for PM2.5 • Final rule published on 5/16/08 • EPA denied a petition for reconsideration and a stay on 1/15/09 • Second petition was filed asking again for reconsideration and stay on 2/10/09

  9. Reconsiderations (cont.) • Greenhouse Gas Memo • On December 18, 2008, Administrator Johnson issued a memo (in response to the EAB’s ruling on the Deseret permit) effectively stating that CO2 is not considered to be a “regulated” NSR pollutant • This memo has been challenged • EPA has granted the petition for reconsideration, but declined to stay the memo.

  10. Reconsiderations (cont.) • Debottlenecking/Aggregation/Project Netting Rule • Debottlenecking and project netting aspects have been dropped • Aggregation aspect → when to combine separate projects at the same source for NSR applicability purposes • FAR occurred on 11/20/08 • Final action is 1/15/09 • Due to a petition, rule is now under reconsideration.

  11. Reconsiderations (cont.) • Fugitive Emissions Reconsideration Rule • Clarification that fugitive emissions are to be included in the actual-to-projected-actual applicability test for modifications if (and only if) source is one of the listed source categories • Rule proposed on 11/13/07 • FAR occurred on 08/27/08 • Final action occurred on 12/10/08 • Petition received for reconsideration and a stay

  12. Reconsideration (cont.) • NSR Reasonable Possibility Rule • Final rule published 12/21/07 • EPA denied a petition for reconsideration and a stay on 1/16/09 • Publication of denial is on hold pending agency review

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