EPA has proposed a federal implementation plan (FIP) under the Clean Air Act (CAA) to apply to any state that is unable to submit a corrective state implementation plan (SIP) revision to ensure that the state has authority to issue permits under the New Source Review Prevention of Significant Deterioration (PSD) program for sources of greenhouse gases. 75 Fed. Reg. 53,883 (9/2/10).
The CAA PSD requirements prevent a new or existing source that emits or has the potential to emit “any air pollutant” in specified quantities from constructing or modifying its facility without first obtaining a PSD permit that, among other things, imposes emission limitations which qualify as best available control technology. The CAA contemplates that the PSD program will be implemented in the first instance by the states that are required to include those requirements in their SIPs. EPA’s proposed FIP would apply to states that have SIPs inadequate to enforce these provisions. EPA will accept comments on the proposal until October 4, 2010.