Quiero saber acerca de...

35250

Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

and 40 CFR 52.21b50ia. Revisions to states PSD programs incorporating the inclusion of condensables were required to be submitted to EPA by May 16, 2011 see 73 FR 28321 at 28341.
EPA approved revisions to Michigans PSD SIP reflecting these requirements on April 4, 2014 see 79 FR 18802, and therefore proposes that Michigan has met this set of infrastructure SIP
requirements of section 110a2C
with respect to the 2015 ozone NAAQS.

d. GHG Permitting and the Tailoring Rule in the PSD Program With respect to the requirements of section 110a2C as well as section 110a2J, EPA interprets the CAA to require each state to make an infrastructure SIP submission for a new or revised NAAQS that demonstrates that the air agency has a complete PSD
permitting program meeting the current requirements for all regulated NSR
pollutants. The requirements of section 110a2DiII may also be satisfied c. PM2.5 Increments in the PSD Program by demonstrating that the air agency has a complete PSD permitting program On October 20, 2010, EPA issued the correctly addressing all regulated NSR
final rule on the Prevention of pollutants. EGLE has shown that it Significant Deterioration PSD for currently has a PSD program in place Particulate Matter Less Than 2.5
that covers all regulated NSR pollutants,
Increments, Micrometers PM2.5
including GHGs.
Significant Impact Levels SILs and On June 23, 2014, the United States Significant Monitoring Concentration Supreme Court issued a decision SMC 2010 NSR Rule. This rule addressing the application of PSD
established several components for permitting requirements to GHG
making PSD permitting determinations emissions. In the case Utility Air for PM2.5, including a system of Regulatory Group v. Environmental increments which is the mechanism Protection Agency, 134 S. Ct. 2427, the used to estimate significant Supreme Court said that EPA may not treat GHGs as an air pollutant for deterioration of ambient air quality for purposes of determining whether a a pollutant. These increments are source is a major source required to codified in 40 CFR 51.166c and 40
CFR 52.21c, and are included in Table obtain a PSD permit. The Court also said that EPA could continue to require that 1 below.
PSD permits, otherwise required based TABLE 1PM2.5 INCREMENTS ESTABon emissions of pollutants other than LISHED BY THE 2010 NSR RULE IN GHGs, contain limitations on GHG
emissions based on the application of MICROGRAMS PER CUBIC METER
Best Available Control Technology BACT.
Annual In accordance with the Courts arithmetic 24-hour max decision, on April 10, 2015, the U.S.
mean Court of Appeals for the District of Class I
1 2 Columbia Circuit the D.C. Circuit Class II
4 9 issued an amended judgment vacating Class III
8 18 the regulations that implemented Step 2
of the EPAs PSD and Title V GHG
The 2010 NSR Rule also established a Tailoring Rule, but not the regulations that implement Step 1 of that rule. Step new major source baseline date for 1 of the Tailoring Rule covers sources PM2.5 as October 20, 2010, and a new that are required to obtain a PSD permit trigger date for PM2.5 as October 20, 2011. These revisions are codified in 40 based on emissions of pollutants other CFR 51.166b14ic and b14iic, than GHGs. Step 2 applied to sources that emitted only GHGs above the and 40 CFR 52.21b14ic and thresholds triggering the requirement to b14iic. Lastly, the 2010 NSR Rule revised the definition of baseline area obtain a PSD permit. The amended judgment preserves, without the need to include a level of significance of 0.3
for additional rulemaking by the EPA, micrograms per cubic meter, annual the application of the BACT
average, for PM2.5. This change is requirement to GHG emissions from codified in 40 CFR 51.166b15i and Step 1 or anyway sources. With 40 CFR 52.21b15i. On April 4, 2014 respect to Step 2 sources, the D.C.
79 FR 18802, EPA finalized approval Circuits amended judgment vacated the of the applicable infrastructure SIP PSD regulations at issue in the litigation, revisions; therefore, we are proposing including 40 CFR 51.166b48v, to that Michigan has met this set of the extent they require a stationary infrastructure SIP requirements of source to obtain a PSD permit if section 110a2C with respect to the greenhouse gases are the only pollutant 2015 ozone NAAQS.
i that the source emits or has the
VerDate Sep<11>2014

16:50 Jul 01, 2021

Jkt 253001

PO 00000

Frm 00018

Fmt 4702

Sfmt 4702

potential to emit above the applicable major source thresholds, or ii for which there is a significant emission increase from a modification.
EPA is planning to take additional steps to revise Federal PSD rules to address the Supreme Courts opinion and subsequent D.C. Circuits ruling.
Some states have begun to revise their existing SIP-approved PSD programs to address these court decisions, and some states may prefer not to initiate this process until they have more information about the planned revisions to EPAs PSD regulations. EPA is not expecting states to have revised their PSD programs in anticipation of EPAs planned actions to revise its PSD
program rules in response to the court decisions. For purposes of infrastructure SIP submissions, EPA is only evaluating such submissions to ensure that the states program addresses GHGs consistent with both court decisions.
At present, EPA is proposing that Michigans SIP is sufficient to satisfy Elements C, DiII, and J with respect to GHGs because the PSD permitting program previously approved by EPA
into the SIP continues to require that PSD permits otherwise required based on emissions of pollutants other than GHGs contain limitations on GHG
emissions based on the application of BACT. Although the approved Michigan PSD permitting program may currently contain provisions that are no longer necessary in light of the Supreme Court decision, this does not render the infrastructure SIP submission inadequate to satisfy Elements C, DiII, and J. The SIP contains the necessary PSD requirements at this time, and the application of those requirements is not impeded by the presence of other previously-approved provisions regarding the permitting of sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court decision.
For the purposes of the 2015 ozone NAAQS infrastructure SIP, EPA
reiterates that NSR Reform regulations are not within the scope of these actions. Therefore, we are not taking action on existing NSR Reform regulations for Michigan. EPA approved Michigans minor NSR program on May 6, 1980 see 45 FR 29790; and since that date, EGLE and EPA have relied on the existing minor NSR program to ensure that new and modified sources not captured by the major NSR
permitting programs do not interfere with attainment and maintenance of the 2015 ozone NAAQS.
Certain sub elements in this section overlap with elements of section 110a2Di, section 110a2E and
E:FRFM02JYP1.SGM

02JYP1