|
July 17, 2024
USEPA’s proposed Federal Implementation Plan will affect major sources in Mojave Desert AQMD jurisdiction
Federal action would supersede local control and oversight of permits for 37 sources
The United States Environmental Protection Agency (EPA) has proposed a Federal Implementation Plan (FIP) for the Nonattainment New Source Review (NNSR) Program under the Clean Air Act in portions of the Mojave Desert Air Quality Management District (MDAQMD). The FIP will primarily impact 37 major stationary sources of air pollution permitted by MDAQMD.
In January 2023, EPA disapproved MDAQMD Regulation XIII – New Source Review. The disapproval followed years of good faith attempts on the part of MDAQMD, including a period of mediation, to work with EPA on the asserted bases for the disapproval. One of the six disapproval elements relates to regulatory language that has a direct and significant impact on existing major sources under MDAQMD’s jurisdictional authority. MDAQMD worked with EPA to address the other five elements of disapproval and has modified the rules consistent with the resolution with EPA. However, with respect to the one remaining issue, MDAQMD is presently litigating EPA over the disapproval. The portion of the rule at issue dates back to 1996, when EPA approved the clause in question, but has now reversed course in its 2023 determination. Despite the litigation, EPA has chosen to propose a FIP to take over local control and oversight of the New Source Review program within the MDAQMD.
Every permit within MDAQMD’s jurisdiction is subject to New Source Review during the initial application period, including when a permit is modified or changed. New Source Review ensures the latest control technology is implemented, including for “air toxics,” and that net increases in air pollution are offset. These are central tenets of MDAQMD’s permitting process and are not under disapproval or otherwise in question. However, a clause in Regulation XIII credits a permitted facility, during future permitting actions, for previously acquired emission reductions that exceed the Clean Air Act’s requirements. This clause is the contended element of EPA’s disapproval. EPA has yet to provide good reasons for reversing its position, given that the relevant law has not changed since 1996.
“The bottom line is that if these facilities want to grow, modernize or modify, they may be subject to very costly offsetting requirements by USEPA,” says Alan De Salvio, MDAQMD Deputy Air Pollution Control Officer. “These facilities would lose a lot of flexibility and offsets credits which they’ve already legally acquired. It undermines the stability that is important to MDAQMD and has made our area attractive to many of our permit holders.”
EPA has scheduled a virtual public hearing on July 24, and is accepting public comments until Aug. 23.
|
