The EPA does not imagine it is appropriate to unreasonably or unnecessarily delay implementation of those vintage raccoon bath soap wash your paws poster revised requirements underneath the PSD program. As explained in more detail below, the
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legislative historical past, the EPA interprets the Act to supply the EPA with authority to determine grandfathering provisions by way of regulation. The EPA has explained its interpretation of its authority to promulgate grandfathering provisions in earlier rulemaking actions, most lately in the rule establishing the grandfathering provision for the 2012 PM2.5 NAAQS (78 FR 3086, , January 15, 2013), in addition to within the proposal for this final action. The EPA is offering additional discussion of this authority within the Response to Comment Document contained within the docket for this last action. The EPA can also be amending the PSD regulations at 40 CFR 51.166 to allow states and different air businesses that concern PSD permits beneath vintage raccoon bath soap wash your paws poster SIP-permitted PSD packages to undertake a comparable grandfathering provision. Nevertheless, such air businesses have discretion to not grandfather PSD functions or to apply grandfathering beneath their accredited PSD applications in another manner so long as that program is a minimum of as stringent as the supply being added to 40 CFR fifty one.166. Accordingly, an air company could elect to depend on both sets of milestones and dates or it may grandfather on the sole basis of only one set. However, the EPA anticipates that after a decision is made concerning the usage of either set of milestones and dates, the air agency will apply grandfathering constantly to all pending PSD allow functions. Under 40 CFR fifty two.21, a permit software could qualify for grandfathering underneath both of the two units of milestones and dates contained in the provision.
Where the EPA is the reviewing authority, the EPA intends to use the grandfathering provision to PSD applicants pursuant to PSD rules at forty CFR 52.21 primarily via using the completeness dedication milestone as a result of the EPA Regional Offices make a proper completeness determination for any PSD utility that they obtain and evaluation. The EPA is together with the second criterion in forty CFR 52.21 in order that pending applications can still qualify for grandfathering under the second criterion if any air company that comes with forty CFR fifty two.21 into a SIP-approved program does not make formal completeness determinations as part of its allow evaluate process. An opposing set of feedback—submitted by a consortium of eight environmental teams and one health advocacy group—challenged the proposed grandfathering provision on the premise that the EPA did not have the legal authority to grandfather sources from PSD necessities. These commenters argued that the plain language of CAA section 165 forecloses the EPA’s proposed approach and raised several other legal issues. The EPA disagrees with these comments, including the interpretations of the CAA that they offer. As summarized within the rationale for the ultimate motion under in part VII.C of this preamble, the EPA believes that the CAA offers it authority and discretion to ascertain a PSD grandfathering provision such because the one being adopted right now by way of a rulemaking process. The EPA is offering a further, detailed evaluation fully responding to this set of comments, as well as other feedback associated to the grandfathering provision, within the Response to Comment Document within the docket for this rule. The EPA doesn’t agree with the feedback recommending that the EPA use a date after the efficient date of the revised O3 NAAQS as the date by which the allow utility should attain the related milestone to qualify for grandfathering.
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