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EPA/AR RIN: 2060-AP86 Publication ID: Fall 2009 
Title: ●Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule 
Abstract: In this rule, EPA will apply a tailored approach to the applicability major source thresholds for greenhouse gases under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) by temporarily raising those thresholds and setting a PSD significance level for greenhouse gases. EPA is anticipating that greenhouse gas (GHG) emissions may soon be subject to regulation pursuant to the CAA. One consequence of our subjecting GHG emissions to regulatory controls is that the requirements of existing air permit programs, namely the prevention of significant deterioration (PSD) preconstruction permitting program for major stationary sources and the title V operating permits program, would be triggered for GHG emission sources. At the current applicability levels under the CAA, tens of thousands of projects every year would need permits under the PSD program, and millions of sources would become subject to the title V program. These numbers of permits are orders of magnitude greater than the current number of permits under these permitting programs and would vastly exceed the administrative capacity of the permitting authorities. By tailoring the applicability thresholds, we will allow actions to be taken by EPA and states to build capacity and streamline permitting. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Clean Air Act Title I   
Legal Deadline:  None

Statement of Need: This action will implement a tailored approach to PSD and Title V applicability for GHG sources when GHG emissions become subject to regulation pursuant to the CAA. This will avoid the scenario where each year tens of thousands of new sources and modifications would potentially become subject to PSD review and millions of sources would require title V operating permits, instead replacing it with a phased approach that allows permitting authorities to manage or obtain the necessary resources to handle the increased workload.

Summary of the Legal Basis: Doctrine of Administrative Necessity.

Alternatives: Alternatives are being developed and will be presented in the preamble to the proposed rule.

Anticipated Costs and Benefits: EPA has not completed the necessary analytical work that supports developing the regulatory relief costs savings associated with this rule. Once the analysis plan/work is completed, the Agency will compile and present the information.

Risks: Not yet determined.

Action Date FR Cite
NPRM  12/00/2009    
Final Action  04/00/2010    
Additional Information: SAN No. 5192; EPA Docket information: EOPA-HQ-OAR-2009-0517
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Joseph Mangino
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-9778
Fax:919 685-3105

Jennifer Snyder
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-3003
Fax:919 541-5509