On October 3, 2016, the Environmental Protection Agency (EPA) published a proposed rule to revise the prevention of significant deterioration (PSD) and Title V permitting regulations that are applicable to greenhouse gases (GHGs).  The proposed rule revisions are in response to the June 23, 2014 United States Supreme Court's decision to strike down portions of the previous EPA GHG rule package.

With the proposed rule revisions, a source's obligation to obtain a PSD or Title V permit may only be triggered by non-GHG New Source Review pollutants (i.e., a source would not be subject to the PSD or Title V programs solely due to emissions of GHGs).  However, EPA has proposed to retain the significant emissions rate (SER) of 75,000 tons per year (tpy) for GHGs, above which a source would be required to apply best available control technology (BACT) to its GHG emission sources.  Note that while the initially proposed SER level is 75,000 tpy, EPA is also seeking public comments for an SER level of 30,000 tpy.

The proposed rule is subject to a 60-day public comment period ending December 2, 2016.  More information regarding the proposed rule is contained in the Federal Register, 81 Fed. Reg. 68, 110, located here.