We are addressing some of these feedback beneath and others in the Response to Comment Document that’s included within the in memory of our fallen brothers firefighter flag docket for this rule. The EPA additionally proposed revisions to the PSD regulations at 40 CFR 51.166 that may afford air companies that issue PSD permits beneath a SIP-accredited PSD
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requirements can be carried out, and modify or complement their current SIPs as needed. The O3 NAAQS revisions also apply to the transportation conformity and general conformity determinations, and affect which preconstruction allowing requirements apply to sources of O3 precursor emissions, and the nature of these necessities. This grandfathering provision doesn’t apply to any applicable PSD necessities related to O3 other than the requirement to demonstrate that the proposed supply does not cause or contribute to a violation of the revised O3 NAAQS. Sources with projects qualifying under the grandfathering provision might be required to fulfill all the opposite relevant PSD requirements, together with making use of BACT to all applicable pollutants, in memory of our fallen brothers firefighter flag demonstrating that emissions from the proposed facility won’t cause or contribute to a violation of the O3 NAAQS in effect on the time of the relevant grandfathering milestone, and addressing any Class I space and extra O3-related impacts in accordance with the relevant PSD necessities. In addition, this grandfathering provision would not apply to any allow utility for a new or modified main stationary supply of O3 positioned in an space designated nonattainment for O3 on the date the permit is issued. This strategy is according to a latest opinion by the U.S. Court of Appeals for the Ninth Circuit, which recognized the EPA’s traditional train of grandfathering authority through rulemaking.
The court noticed that this approach was in keeping with the statutory requirement to “enforce whatever regulations are in impact at the time the agency makes a final decision” as a result of it concerned identifying “an operative date, incident to setting the brand new substantive standard, and the grandfathering of pending allow functions was explicitly constructed into the brand new laws.” Sierra Club v. EPA, 762 F.3d 971, 983 (ninth Cir. 2014). As discussed in additional detail within the EPA’s Response to Comment Document contained within the docket for this rule, this case supports the EPA’s motion on this rulemaking. The court docket favorably discussed prior adoption of regulatory grandfathering provisions that are much like the motion on this rulemaking, such as the grandfathering provision that the EPA promulgated when revising the PM2.5 NAAQS that grew to become efficient in 2013. See id. at . a grandfathering provision primarily based on the publication of a public discover of the draft permit or preliminary determination supplies an affordable transition mechanism for PSD functions in conditions the place the reviewing authority does not issue formal completeness determinations, however the applicant and the reviewing authority have both dedicated substantial resources to the pending permit software at the time the revisions to the O3 NAAQS are finalized. Many of the comments supported the idea of grandfathering. Some of those feedback, largely by state and native air companies, supported the grandfathering provision as proposed. Many others beneficial different approaches to grandfathering primarily based on several completely different dates. Several feedback beneficial that air agencies be allowed to grandfather sure PSD permit functions and issue a PSD permit based on the 2008 O3 NAAQS after the world is designated nonattainment for the revised O3 NAAQS. An opposing set of comments, representing a coalition of eight environmental teams and one health advocacy group, strongly objected to the proposal for grandfathering, claiming that the EPA didn’t have any authority underneath the CAA to exempt or grandfather permit candidates from the statutory PSD allowing requirements.
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