As previously reported by HGS here and here, the Florida Department of Environmental Protection (DEP) has been in the process of revising its state implementation plan (SIP) to obtain authority to issue permits for greenhouse gases (GHG) under the Clean Air Act’s prevention of significant deterioration (PSD) program. DEP recently completed that process and EPA proposed approval of the SIP revision on January 7, 2014. The SIP revision 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)). DEP did not receive any comments in response to its notice of SIP revision. Comments on EPA’s separate proposed approval are due by February 6, 2014. Upon EPA’s final approval of the SIP revision, EPA will rescind the existing GHG PSD federal implementation plan and transition permit issuance, administration, and enforcement responsibility to DEP. Sources with GHG PSD permit applications currently pending before EPA, however, may elect to either proceed before EPA to a final permit determination or withdraw their application and re-file with DEP.
For additional information contact Joseph Brown.