Proposed Rule Seeks Comment on EPA's Interpretation of 'Subject to Regulation' and PSD Applicability

摘要

On December 18,2008, EPAissued an interpretive memorandum intended to clarify the pollutants covered under the federal prevention of significant deterioration (PSD) program. Under Title I, Part C of the Clean Air Act, the new source review (NSR) preconstruction permit program applies to any new major stationary source, or major modifications at an existing major stationary source, that emits regulated air pollutants above established thresholds, and is located in an area that is in attainment or unclassifiable with respect to the national ambient air quality standards (NAAQS). In areas classified as attainment or unclassifiable, the preconstruction permit program is referred to as the PSD program. The December 18, 2008 memorandum set forth the official EPA interpretation regarding which pollutants are NSR regulated pollutants for the purposes of the PSD program. NSR regulated pollutants include pollutants "subject to regulation under the Act."