EPA proposes change under the clean air act (US)

EPA Proposes Change to Rescission of Pre-construction Permits Rule Under The Clean Air Act.

On June 14, 2016 the U.S. EPA proposed removing the date restriction of July 30, 1987 from the current 40 CFR 52.21(w), covering Prevention of Significant Deterioration (PSD) from new major source pre-construction.

The current provision, 40 CFR 52.21(w)(2) authorizes the owner or operator of a stationary source that holds a PSD permit based on rules in effect on or before July 30, 1987, to request a rescission of their permit or a part of their permit.

EPA is proposing to remove the date restriction in order to enable the rule to cover other cases where a rescission of a permit may be appropriate under the criteria in paragraph (w)(3) of the current permit rescission provision. This proposal is also being made in order to make the rule consistent with the U.S. Supreme Court’s finding that PSD permits were not required for new sources or modifications to existing sources that only emit greenhouse gases (GHGs).

Comments in response to this proposal must be received by EPA on or before July 14, 2016. A request for a public hearing must be made on or before June 20, 2016. Comments in response to this proposal must identify Docket ID No. EPA-HQ-OAR-2015-0782 at http://ww.regulations.gov.

Sources :

EPA, Recission of Preconstruction Permits Issued under the Clean Air Act, 81 FR 38640, June 14, 2016

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