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The comments also suggested that the extended interval for grandfathering a supply from the revised NAAQS would provide states always remember firefighter all over printed hawaiian shirt with further time to determine offset banks or comparable systems for brand spanking new nonattainment areas. The EPA disagrees with these comments; the final rule uses separate dates for the two

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utility within one yr and to make sure that new and modified sources will only be approved to construct after showing they can meet the substantive permitting criteria that apply to them. The EPA is achieving this balance by figuring out by way of rulemaking which O3 NAAQS apply to sure permit functions which are pending when the EPA finalizes the revisions to the O3 NAAQS on this ultimate rule. We are clarifying, for the limited purpose of satisfying the necessities beneath section 165 for these permits, which O3 NAAQS are applicable to these allow functions and should be addressed within the supply’s demonstration that its emissions do not trigger always remember firefighter all over printed hawaiian shirt or contribute to a violation of the NAAQS. The EPA doesn’t agree with the comments suggesting that the grandfathering provision should be expanded to apply to any PSD software received before the effective date of the final nonattainment designations for the revised O3 NAAQS. Because the process for reviewing PSD permit functions and issuing a final PSD permit is time consuming, such an approach might enable issuance of PSD permits to grandfathered sources even after the area by which the supply proposes to find is designated nonattainment for the revised O3 NAAQS. The EPA does not agree that grandfathering ought to be extended in a way that would permit a source located in an area designated as nonattainment for a pollutant on the time of allow issuance to acquire a PSD permit for that pollutant somewhat than a NNSR permit. The EPA does not interpret the CAA or its implementing regulations to permit such an outcome.

The PSD requirements under CAA section one hundred sixty five only apply in areas designated attainment or unclassifiable for the pollutant. Alabama Power v. Costle, 636 F.2nd 323, , 368 (D.C. Cir. 1980). Accordingly, the PSD implementing regulations at 40 CFR 52.21 include an exemption that provides that the substantive PSD necessities shall not apply to a pollutant if the proprietor or operator demonstrates that the facility is situated in an area designated nonattainment for that pollutant underneath CAA section 107 of the Act. See additionally 40 CFR fifty one.166 (permitting for the same exemption in SIP-approved PSD allowing packages). In addition, beneath CAA part 172 implementation plans must require that allows issued to new or modified stationary sources “wherever within the nonattainment space” meet the necessities of CAA part 173, which incorporates the NNSR allow necessities. See forty CFR half fifty one, Appendix S, IV.A . Moreover, given the opposed air high quality conditions that already exist in a nonattainment space and the congressional directive to achieve attainment as expeditiously as practicable, construction of a significant stationary supply that significantly will increase emissions in such an area should be anticipated to handle the entire NNSR requirements, that are designed to make sure that a brand new or modified major stationary supply won’t intrude with affordable progress toward attainment, even when this could cause delay to the allow applicant. Several other comments recommended that the grandfathering provision apply to all PSD applications for which a ultimate PSD allow shall be issued previous to the efficient date of the realm designations for the revised NAAQS. Some of these feedback defined that with out some transition provisions within the final rule, it may be unimaginable for a source to reveal attainment if the current ambient air monitoring information signifies a revised, lowered standard is not being met.

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