Update: PM2.5 New Source Review Regulations

On May 16, 2008 U.S. EPA issued a final rule amending the New Source Review (NSR) regulations to add requirements related to particulate matter with an aerodynamic diameter of less than 2.5 microns (PM2.5).  ALL4’s PM2.5 Team published 4 The Record articles in March, April, and June 2009 outlining the requirements of the new PM2.5 NSR rules.  Since the promulgation of the final rule, U.S. EPA received a petition to reconsider four (4) specific provisions of the rule:

1. A provision that, for states that implement their own Prevention of Significant Deterioration (PSD) permitting program, gives them three (3) years to revise their PSD rules to include PM2.5.  To facilities in these states, this provision means that PM2.5 is not required for consideration in a construction permit application until the state PSD rules have been revised. 
2. A provision that allows grandfathering of PSD construction permit applications submitted prior to promulgation of the Federal PM2.5 rule (i.e., May 16, 2008).  This grandfathering provision originally prevented U.S. EPA from requesting PM2.5 emissions information on construction permit applications that were submitted prior to the PM2.5 rule, minimizing additional delays in application review time. 
3. A provision that excludes the condensable fraction of PM2.5 from consideration during the construction permit review process until appropriate condensable fraction test methods can be developed.
4. A provision that allows PM2.5 emissions increases in nonattainment areas to be offset by emission reductions of PM2.5 precursors (i.e., SO2 and NOx).

On April 24, 2009, U.S. EPA granted a three (3) month administrative stay on the second provision above related to grandfathering of PSD construction permit applications.  As a result, PSD construction permit applications that were submitted prior to the PM2.5 rule promulgation date were required to be amended to include PM2.5 emissions.  U.S. EPA has since announced that the administrative stay is being extended until June 1, 2010.  In addition, U.S. EPA is evaluating what actions will be taken on the remaining three (3) provisions that were challenged.  ALL4’s PM2.5 Team will continue to follow these developments, as the reversal of these important provisions could result in schedule delays and regulatory complications for both pending and future construction permit application submittals.