Voglio sapere a riguardo di…

13674

Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Proposed Rules
that areas ambient PM2.5
concentrations.
The explicit references to SO2, NOX, and VOCs as they pertain to secondary PM2.5 formation are codified at 40 CFR
51.166b49ib and 40 CFR
52.21b50ib. As part of identifying pollutants that are precursors to PM2.5, the 2008 NSR Rule also required states to revise the definition of significant as it relates to a net emissions increase or the potential of a source to emit pollutants. Specifically, 40 CFR
51.166b23i and 40 CFR
52.21b23i define significant for PM2.5 to mean the following emissions rates: 10 tons per year tpy of direct PM2.5; 40 tpy of SO2; and 40 tpy of NOX
unless the state demonstrates to the Administrators satisfaction or EPA
demonstrates that NOX emissions in an area are not a significant contributor to that areas ambient PM2.5
concentrations. The deadline for states to submit SIP revisions to their PSD
programs incorporating these changes was May 16, 2011 73 FR 28321 at 28341, May 16, 2008.8
The 2008 NSR Rule did not require states to immediately account for gases that could condense to form particulate matter, known as condensables, in PM2.5
and PM10 emission limits in NSR
permits. Instead, EPA determined that states had to account for PM2.5 and PM10
condensables for applicability determinations and in establishing emissions limitations for PM2.5 and 8 EPA notes that on January 4, 2013, the U.S.
Court of Appeals for the D.C. Circuit, in Natural Resources Defense Council v. EPA, 706 F.3d 428
D.C. Cir., held that EPA should have issued the 2008 NSR Rule in accordance with the CAAs requirements for PM10 nonattainment areas Title I, part D, subpart 4, and not the general requirements for nonattainment areas under subpart 1 Natural Resources Defense Council v. EPA, No. 081250.
As the subpart 4 provisions apply only to nonattainment areas, EPA does not consider the portions of the 2008 rule that address requirements for PM2.5 attainment and unclassifiable areas to be affected by the courts opinion. Moreover, EPA does not anticipate the need to revise any PSD
requirements promulgated by the 2008 NSR rule in order to comply with the courts decision.
Accordingly, EPAs approval of Ohios infrastructure SIP as to elements C, DiII, or J
with respect to the PSD requirements promulgated by the 2008 implementation rule does not conflict with the courts opinion.
The Courts decision with respect to the nonattainment NSR requirements promulgated by the 2008 implementation rule also does not affect EPAs action on the present infrastructure action.
EPA interprets the CAA to exclude nonattainment area requirements, including requirements associated with a nonattainment NSR program, from infrastructure SIP submissions due three years after adoption or revision of a NAAQS. Instead, these elements are typically referred to as nonattainment SIP or attainment plan elements, which would be due by the dates statutorily prescribed under subpart 2 through 5 under part D, extending as far as 10 years following designations for some elements.

VerDate Sep<11>2014

17:00 Mar 09, 2021

Jkt 253001

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 state has a complete PSD
permitting program meeting the current requirements for all regulated NSR
pollutants. The requirements of element DiII may also be satisfied by demonstrating the air agency has a complete PSD permitting program correctly addressing all regulated NSR
pollutants. Ohio currently has a SIPapproved PSD program in place that covers all regulated NSR pollutants.
Ohio has shown that it currently has a PSD program in place that covers all regulated NSR pollutants, including GHGs.
On June 23, 2014, the United States Supreme Court issued a decision addressing the application of PSD
permitting requirements to GHG
emissions. Utility Air Regulatory Group v. Environmental Protection Agency, 134 S.Ct. 2427. The Supreme Court said that EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD permit. The Court also said that EPA could continue to require that PSD permits, otherwise TABLE 1PM2.5 INCREMENTS ESTABrequired based on emissions of LISHED BY THE 2010 NSR RULE IN pollutants other than GHGs, contain limitations on GHG emissions based on MICROGRAMS PER CUBIC METER
the application of Best Available Control Technology BACT.
Annual 24-hour In accordance with the Supreme arithmetic max Court decision, on April 10, 2015, the mean U.S. 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 EPAs PSD and Title V Greenhouse The 2010 NSR Rule also established a Gas Tailoring Rule, but not the new major source baseline date for regulations that implement Step 1 of PM2.5 as October 20, 2010, and a new that rule. Step 1 of the Tailoring Rule trigger date for PM2.5 as October 20, covers sources that are required to 2011. These revisions are codified in 40 obtain a PSD permit based on emissions CFR 51.166b14ic and b14iic, of pollutants other than GHGs. Step 2
and 40 CFR 52.21b14ic and applied to sources that emitted only b14iic. Lastly, the 2010 NSR Rule GHGs above the thresholds triggering revised the definition of baseline area the requirement to obtain a PSD permit.
to include a level of significance of 0.3
The amended judgment preserves, micrograms per cubic meter, annual without the need for additional average, for PM2.5. This change is rulemaking by EPA, the application of codified in 40 CFR 51.166b15i and the BACT requirement to GHG
40 CFR 52.21b15i.
emissions from Step 1 or anyway EPA approved revisions to Ohios sources. With respect to Step 2 sources, PSD SIP reflecting these requirements the D.C. Circuits amended judgment on October 28, 2014 79 FR 64119, and vacated the regulations at issue in the therefore EPA proposes to find that litigation, including 40 CFR
Ohio has met this set of infrastructure 51.166b48v, to the extent they PM10 in PSD permits beginning on or after January 1, 2011. This requirement is codified in 40 CFR 51.166b49ia and 40 CFR 52.21b50ia. Revisions to states PSD programs incorporating the inclusion of condensables were required be submitted to EPA by May 16, 2011 73 FR 28321 at 28341, May 16, 2008.
EPA approved revisions to Ohios PSD SIP reflecting these requirements on October 28, 2014 79 FR 64119, and therefore EPA proposes to find that Ohio has met this set of infrastructure SIP requirements of section 110a2C
with respect to the 2015 ozone NAAQS.
c. PM2.5 increments in the PSD
program.
On October 20, 2010, EPA issued the final rule on the Prevention of Significant Deterioration PSD for Particulate Matter Less Than 2.5
Micrometers PM2.5Increments, Significant Impact Levels SILs and Significant Monitoring Concentration SMC 2010 NSR Rule. This rule established several components for making PSD permitting determinations for PM2.5, including a system of increments which is the mechanism used to estimate significant deterioration of ambient air quality for a pollutant. These increments are codified in 40 CFR 51.166c and 40
CFR 52.21c, and are included in the table below.

PO 00000

Frm 00010

Fmt 4702

Sfmt 4702

E:FRFM10MRP1.SGM

10MRP1