Prevention of Significant Deterioration: Revisions to Permit Rescission Requirements

1 organizations filed 1 public comment on Prevention of Significant Deterioration: Revisions to Permit Rescission Requirements, at the Environmental Protection Agency. The comment window closed 3666d ago.

Abstract

This action will amend the current rule provision at 40 CFR 52.21(w) that allows the Administrator to rescind a Prevention of Significant Deterioration (PSD) permit if a source can demonstrate that its permit is no longer required. The current rule provision limits the availability of rescission to permits that were issued using rules in effect on July 31, 1987 or earlier. This date is essentially a sunset provision that has voided the ability of a source in recent years to apply for a permit rescission, even in legitimate cases – e.g., when a final court decision invalidates the underlying legal requirement for the PSD permit. The §52.21(w) provision was recently amended to expressly enable rescission of GHG Step 2 permits in light of the 2015 Supreme Court decision on the GHG Tailoring Rule. This rulemaking will further amend §52.21(w) to remove the 1987 date and make other important updates to the provision in an effort to clarify the instances in which a permit may qualify for rescission

Commenters (1)

• Renewable Fuels Associationtrade assoc.

  1 filing · confidence 97%