EPA has issued a proposed rule in which the agency is proposing to find that 13 states with EPA-approved state implementation plan (SIP) New Source Review Prevention of Significant Deterioration (PSD) programs are substantially inadequate to meet Clean Air Act requirements because they fail to apply PSD requirements to greenhouse gas (GHG)-emitting sources. 75 Fed. Reg. 53,892 (9/2/10). The states are Alaska, Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, and Texas.
The EPA proposal would require each state to review its SIP as necessary to apply its PSD program to GHG-emitting sources. In a companion rulemaking, the agency has proposed a federal implementation plan (FIP) that would give EPA the authority to apply EPA’s PSD program to GHG-emitting sources if one or more of the states is unable to submit a corrective SIP revision. EPA will accept comments on the proposal until October 4, 2010.