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DEP Obtains Greenhouse Gas Permitting Authority

Posted Wednesday, May 21st, 2014

The U.S. Environmental Protection Agency (EPA) has published final approval of a revision to Florida’s state implementation plan (SIP) that provides the Florida Department of Environmental Protection (DEP) with authority to issue permits for greenhouse gases (GHG) under the Clean Air Act’s prevention of significant deterioration (PSD) program. HGS has previously reported on DEP’s development and submission of the SIP revision, which consists of an amendment to the definition of “PSD Pollutant” in Rule 62-210.200, F.A.C., to include the term “Regulated NSR Pollutant” (as it is defined in 40 C.F.R. 52.21(b)(50) and incorporated by reference in Rule 62-204.800, F.A.C.). The effect of this change is that the term “PSD Pollutant” will include GHGs if they are subject to regulation (as specified at 40 C.F.R. 52.21(b)(49)).

EPA also simultaneously rescinded its existing GHG PSD federal implementation plan, and immediately transitioned permit issuance, administration, and enforcement responsibility to DEP pursuant to DEP’s Transition Plan. Under the Transition Plan, DEP will administer and enforce existing EPA-issued GHG PSD permits, and all future permits will be issued by DEP.

EPA did not receive any relevant comments on its proposed approval, and the final approval became effective upon publication on May 19, 2014.

For additional information, contact Andrew Holway.

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