As of Thursday, Sept. 2, 2010, no state is going to get out of federal regulation of greenhouse gases (GHGs) through the Clean Air Act, thanks to a two-pronged attack this week by the federal EPA on 13 states not toeing the line.

In Thursday's Federal Register, the EPA printed its previously announced intention to create a federal implementation plan (FIP) for any state that does not submit a plan the agency finds acceptable. The rule would make sure that every state has the power, will and legal requirement to issue permits under the Clean Air Act's New Source Review Prevention of Significant Deterioration (PSD) program for sources of GHGs.

The proposal is a companion the agency's' rulemaking last week entitled Action to Ensure Authority to Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call, which was signed and published on the same schedule. In that action, the agency proposed to make a finding of substantial inadequacy and proposed to issue an SIP call for 13 states on grounds that their SIPs would not apply the PSD program to GHGs. Alaska, much of Arizona, Arkansas, parts of California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, part of Nevada, Oregon and Texas had their GHG implementation plans found wanting by the federal agency.

Comments must be received on or before Oct. 4, 2010. Read the notice at http://edocket.access.gpo.gov/2010/2010-21706.htm.

SOURCE: Federal Register