It has come to the attention of Trinity Consultants that the method in which the EPA Tailoring Rule has been incorporated into the Alabama State Rules, specifically Chapter 335-3-14-.04, and 335-3-16-.01, differs from the intent of the EPA Tailoring Rule. Specifically, certainlanguage regarding when Greenhouse Gases (GHGs) become subject to regulation was not included within the Alabama State Rules. This has created a situation in which Prevention of Significant Deterioration (PSD) permitting requirements could differ in Alabama as opposed to other States within the Southeast. Trinity would recommend careful consideration of the Alabama State Rules if considering a project at an existing facility in Alabama that has over 100,000 tons per year of GHG emissions.
As an example of this situation, if an existing facility located in Alabama is over 100,000 tpy GHGs and 100/250 tpy GHGs on a mass basis, and not PSD major for the traditional criteria pollutants (NOX, CO, SO2, etc.), the facility is considered a PSD major source, without consideration of "subject to regulation". Therefore, in a permitting situation in Alabama where potential GHGs emissions for the existing facility are over 100,000 tpy, all other PSD pollutants are less than the PSD major source threshold, and a project includes a GHG emission increase of 50,000 tpy and a NOX emission increase of 50 tpy (greater than the 40 tpy significant emission rate), PSD would be triggered for NOX requiring PSD permitting for that pollutant. This creates a possible scenario where permitting for an existing site in Alabama with greater than 100,000 tpy of potential GHG emissions could be more stringent than the same permitting scenario in other States.
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