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Several different comments really helpful that the grandfathering provision apply to all PSD purposes for which a girl bodybuilding today is a good day to have a great day poster ultimate PSD allow might be issued previous to the efficient date of the world designations for the revised NAAQS. Some of

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Thus, when read together, these provisions of the CAA provide the EPA with the discretion to concern regulations to grandfather pending allow applications from having to deal with a revised NAAQS the place essential to achieve each CAA goals—to guard the NAAQS and to avoid delays in processing PSD allow applications. Accordingly, the EPA is looking for on this motion to stability the necessities in the CAA to decide on a permit utility within one yr and to make sure that new and modified sources will solely be licensed to construct after exhibiting they will meet the substantive allowing standards that apply to them. The EPA is reaching this steadiness by figuring out via rulemaking which O3 NAAQS apply to sure permit applications girl bodybuilding today is a good day to have a great day poster which are pending when the EPA finalizes the revisions to the O3 NAAQS on this ultimate rule. We are clarifying, for the restricted function of satisfying the necessities underneath part one hundred sixty five for these permits, which O3 NAAQS are applicable to those permit functions and have to be addressed within the source’s demonstration that its emissions don’t cause or contribute to a violation of the NAAQS. The EPA does not agree with the comments suggesting that the grandfathering provision ought to be expanded to apply to any PSD utility acquired before the effective date of the final nonattainment designations for the revised O3 NAAQS.

Because the method for reviewing PSD permit applications and issuing a final PSD permit is time consuming, such an approach might permit issuance of PSD permits to grandfathered sources even after the area by which the source proposes to locate is designated nonattainment for the revised O3 NAAQS. The EPA does not agree that grandfathering should be extended in a method that may permit a supply situated in an space designated as nonattainment for a pollutant on the time of permit issuance to acquire a PSD allow for that pollutant rather than a NNSR permit. The EPA doesn’t interpret the CAA or its implementing laws to allow such an outcome. The PSD requirements under CAA part a hundred sixty five only apply in areas designated attainment or unclassifiable for the pollutant. Alabama Power v. Costle, 636 F.2d 323, , 368 (D.C. Cir. 1980). Accordingly, the PSD implementing laws at forty CFR fifty two.21 contain an exemption that provides that the substantive PSD requirements shall not apply to a pollutant if the proprietor or operator demonstrates that the power is located in an space designated nonattainment for that pollutant underneath CAA part 107 of the Act. See also 40 CFR fifty one.166 (allowing Several different comments really helpful that the grandfathering provision apply to all PSD purposes for which a ultimate PSD allow might be issued previous to the efficient date of the world designations for the revised NAAQS. Some of for a similar exemption in SIP-permitted PSD permitting packages). In addition, beneath CAA section 172 implementation plans must require that permits issued to new or modified stationary sources “anywhere in the nonattainment space” meet the necessities of CAA section 173, which contains the NNSR permit necessities. See 40 CFR half 51, Appendix S, IV.A . Moreover, given the adverse air high quality circumstances that already exist in a nonattainment area and the congressional directive to achieve attainment as expeditiously as practicable, development of a major stationary source that considerably will increase emissions in such an area should be anticipated to deal with the entire NNSR necessities, that are designed to make sure that a brand new or modified major stationary supply won’t interfere with affordable progress towards attainment, even when this could cause delay to the permit applicant.

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