EPA issued a proposed rule August 12, 2010, that would require 13 states to amend their regulations to authorize them to enforce greenhouse gas (GHG) emissions requirements. The proposed rule would require each state, through a state implementation plan (SIP) call, to revise its SIP as necessary to correct inadequacies in New Source Review Prevention of Significant Deterioration (PSD) programs. The “SIP call” would establish an expedited review schedule for SIP revisions so that new regulations could be in effect by January 2, 2011, when GHG emissions from new and modified sources will become subject to emission control and permitting requirements.  

The states subject to the proposed rule are Alaska, Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, and Texas. According to EPA, the states will have 30 days to respond to EPA following publication of the proposed SIP call in the Federal Register. EPA will then determine whether the states have SIPs that are deficient to enforce PSD emissions control and permitting requirements for GHGs and whether SIP revisions are required.  

EPA has said in its GHG Tailoring Rule 75 Fed. Reg. 31,514 (6/3/00), that it plans to issue a federal implementation plan (FIP) to ensure GHG emissions sources will be permitted consistent with the rule. EPA will accept comments on the proposed rule for 30 days after it is published in the Federal Register.