EPA Proposes To Establish Minor New Source Review Requirements And To Disapprove Severable Portions Of SIPs

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Courtesy of Bergeson & Campbell, P.C.

On January 11, 2016, EPA published a Proposed Rule in the Federal Register proposing to establish Minor New Source Review permitting requirements for greenhouse gas (GHG) emissions and to disapprove severable portions of the State Implementation Plans (SIP) for Arkansas, New Mexico, and Oklahoma. The Minor New Source Review permitting requirements for GHG emissions will include Prevention of Significant Deterioration (PSD) permitting provisions for sources that are classified as major, and, thus, required to obtain a PSD permit, based solely on their potential GHG emissions. EPA proposes to disapprove severable portions of SIP submittals for Arkansas, New Mexico, and Oklahoma addressing EPA’s July 20, 2011, rule deferring PSD requirements for carbon dioxide emissions from bioenergy and other biogenic sources (Biomass Deferral) because the deferral has expired, resulting in the provisions no longer being consistent with federal laws. EPA is also proposing to disapprove severable portions of the February 6, 2012, Oklahoma SIP submittal that are now inconsistent with federal laws due to intervening decisions by the United States courts and EPA rulemaking. Written comments on this proposed rule are due by February 10, 2016, and can be submitted to Docket No. EPA-R06-OAR-2015-0783, at http://www.regulations.gov, or via e-mail to wiley.adina@epa.gov.

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