[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Pages 70254-70256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28962]



[EPA-HQ-OAR-2010-0841; FRL-9228-2]

PSD and Title V Permitting Guidance for Greenhouse Gases

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability and public comment period.


SUMMARY: Notice is hereby given that the EPA has posted its guidance 
titled, ``PSD and Title V Permitting Guidance for Greenhouse Gases'' on 
its significant guidance Internet Web site. EPA invites public comments 
on this guidance document during the comment period specified below.

DATES: Comments should be submitted on or before December 1, 2010. 
Please refer to SUPPLEMENTARY INFORMATION for additional information on 
the comment period.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0841, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected]. Attention Docket ID No. 
     Fax: 202-566-9744. Attention Docket ID No. EPA-HQ-OAR-
     Mail: Air Docket, Attention Docket ID No. EPA-HQ-OAR-2010-
0841, Environmental Protection Agency, Mail Code: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 1301 Constitution 
Avenue, NW., Room 3334, Washington, DC. Such deliveries are only 
accepted during the Docket Center's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0841. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business

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Information (CBI) or other information whose disclosure is restricted 
by statute. Do not submit information that you consider to be CBI or 
otherwise protected through regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through http://www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA is unable to 
read your comment and cannot contact you for clarification due to 
technical difficulties, EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, go to Section II of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West, 
Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions concerning this action, 
please contact David Svendsgaard, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, C504-03, Research 
Triangle Park, NC 27711, telephone (919) 541-2380, e-mail at 
[email protected].


I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: Roberto Morales, U.S. 
EPA, Office of Air Quality Planning and Standards, Mail Code C404-02, 
Research Triangle Park, NC 27711, telephone (919) 541-0880, e-mail at 
[email protected], Attention Docket ID No. OAR-2010-0841.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the docket number and other identifying 
information (subject heading, Federal Register date and page number).
     Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a part or 
section number in the guidance.
     Explain why you agree or disagree with EPA's guidance; and 
suggest alternatives and substitute language that would help to clarify 
or better explain the points made and positions taken in EPA's guidance 

II. Background

    The purpose of this notice is to solicit public comments on EPA's 
recently posted guidance titled, ``PSD and Title V Permitting Guidance 
for Greenhouse Gases.'' This document has been determined to be an EPA 
Significant Guidance Document per the OMB Bulletin definition and is 
included on the EPA list of significant guidance documents. It is 
available online at http://www.epa.gov/regulations/guidance/byoffice-oar.html or within the associated docket.
    The guidance document is intended to assist permit writers and 
permit applicants in addressing the Prevention of Significant 
Deterioration (PSD) and title V permitting requirements for greenhouse 
gases (GHGs) that begin to apply on January 2, 2011, to certain 
sources.\1\ The document: (1) Describes, in general terms and through 
examples, the requirements of the PSD and title V permit regulations 
and how these requirements apply to GHGs; (2) reiterates and emphasizes 
relevant past EPA guidance on the PSD and title V review processes for 
other regulated air pollutants; and (3) provides additional 
recommendations and suggested methods for meeting the permitting 
requirements for GHGs. We believe this guidance provides the basic 
information that permitting agencies and applicants need to address GHG 
emissions in permits. In addition, EPA will continue to work closely 
with all stakeholders to ensure a smooth transition to the permitting 
of GHGs.

    \1\ EPA established PSD and title V applicability thresholds for 
GHG under the GHG Tailoring Rule at 75 FR 31514 (June 3, 2010).

    EPA invites public comment on all aspects of its guidance document 
during the 14-day comment period. The guidance is not a regulation and 
does not establish binding requirements on EPA or any state, local, or 
tribal agency that is authorized to issue PSD or title V permits to 
satisfy requirements of the Clean Air Act; however, this guidance is 
hereby in effect and, consequently, EPA and other agencies may apply 
this guidance without, and regardless of, any additional action by EPA 
specific to this guidance. Although EPA has established a docket and is 
requesting public comment on the guidance, this procedure does not 
alter the nature or effect of the guidance and does not constitute a 
formal rulemaking process or require EPA to respond to public comments 
on the guidance before EPA or other agencies may apply the guidance in 
any permitting decision. After considering public comments, EPA retains 
the discretion to revise its guidance, issue additional guidance, 
propose regulations as appropriate, and to utilize information 
submitted in public comments to inform proposed permit decisions. An 
additional opportunity for public comment is required for any proposed 
decision by EPA or another agency to issue a PSD or title V permit, and 
such comments may address the applicability of this guidance to 
specific permit applications.
    Most immediately, EPA seeks comment on whether the guidance

[[Page 70256]]

presented in the document contains any technical or calculation errors. 
EPA also will consider comments on other aspects of the guidance. 
Because the guidance does not constitute a formal rulemaking action, 
EPA does not intend to respond to comments, but will take such comments 
under consideration. To the extent that EPA determines that comments 
received during the 14-day comment period justify corrections or 
clarifications to the guidance, EPA may revise and reissue the 
permitting guidance and post the revised document on the significant 
guidance Web site.
    Please refer to the ADDRESSES section above in this document for 
specific instructions on submitting comments.

III. Internet Web Site for Guidance Information

    The guidance titled, ``PSD and Title V Permitting Guidance for 
Greenhouse Gases'' can be found at: http://www.epa.gov/regulations/guidance/byoffice-oar.html.

    Dated: November 10, 2010.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2010-28962 Filed 11-16-10; 8:45 am]