EPA’s recently finalized “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule” (Tailoring Rule) would phase in Prevention of Significant Deterioration (PSD) and Title V requirements for certain stationary sources of greenhouse gases (GHGs). The initial phases of the Tailoring Rule would effectively shift existing Clean Air Act statutory thresholds of 100 or 250 tons per year to 75,000 or 100,000 tons per year. This poses a potential problem for states, many of which have enshrined Title V and PSD language, including the 100/250 tons per year threshold, into their own statutes and regulations.
The spreadsheet below identifies states that have written the 100/250 threshold into their statutes and/or regulations. Each state is color-coded to distinguish between those that have approved SIPs and those that are delegated or partially delegated authority to implement EPA’s New Source Review provisions. Beige highlighting indicates that the 100/250 thresholds are written into the state’s statute; blue highlighting indicates that the 100/250 thresholds are written into the state’s regulations. Citations to the relevant statute or regulation are provided. This analysis found that 36 of the 38 states with approved SIPs have the 100/250 thresholds written into their statutes, regulations or both.
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CCCL would like to acknowledge the work of Caitlin Peale in developing this spreadsheet.