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MEMORANDUM TO THE DOCKET 

SUBJECT: Proposed Regulatory Text Language for PSD Thresholds 

DATE: May 8, 2012 

 The purpose of this memorandum is to make available potential regulatory text 

language to make clear that the prevention of significant deterioration (PSD) applicability 

thresholds for greenhouse gases (GHG) established in the Tailoring Rule would continue 

to apply were EPA to regulate GHGs under the proposed “Standards of Performance for 

Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating 

Units,” 77 Fed. Reg. 22392 (April 13, 2012). It is EPA’s position that the proposed 

preamble contains sufficient description of the intended regulatory changes to make clear 

that the Tailoring Rule applicability thresholds would continue to apply, so that 

regulatory text is not required as part of the proposal. Nevertheless, EPA made reference 

in the preamble to the inclusion of regulatory text but none was provided. Pending the 

receipt of public comment, therefore, this memo includes rule language that could be 

included in the final rule on this point. 

 

1. Background 

In section VI of this proposed rulemaking, entitled “Implications for PSD and 

Title V Programs,” EPA explains that although this rulemaking would, for the first time, 

regulate GHGs under Clean Air Act (CAA) section 111, and although EPA’s regulations 

for the PSD program provide that regulation of GHGs under CAA section 111 triggers 

PSD applicability, “today’s proposal should not require any additional [state 

implementation plan (SIP)] revisions to make clear that the Tailoring Rule thresholds ... 

continue to apply to the PSD program.” 77 Fed. Reg. 22,428/2. 

This preamble further states, “in today’s proposal, the EPA is including a 

provision in the CAA section 111 regulations that confirms this interpretation.” Id. The 

preamble adds: 

To clarify and confirm that the Tailoring Rule thresholds apply to the 

section 111 prong of the definition of regulated NSR pollutant, in this 

proposed rulemaking, the EPA is proposing to revise the NSPS 

regulations, although not the PSD regulations, to explicitly make clear that 

the NSPS trigger provision in the PSD regulations incorporate[s] the 

Tailoring Rule thresholds. 

However, the text of this proposed revision to the NSPS regulations was inadvertently 

omitted from the notice of proposed rulemaking. 

2. Text of draft regulatory text 
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 The following is the text of this proposed revision to the NSPS regulations: 

Subpart A of 40 CFR part 60 is proposed to be revised by adding the 

following at the end thereof: 

Section 60.19A. PSD Thresholds for Greenhouse Gases. 

(a). For purposes of 40 CFR 51.166(b)(49)(ii), with respect to greenhouse 

gas emissions from new electric utility generating units, the “pollutant that 

is subject to the standard promulgated under section 111 of the Act” shall 

be considered to be the pollutant that otherwise is subject to regulation 

under the Act as defined in 40 CFR 51.166(b)(48) and in any State 

Implementation Plan approved by the EPA that is interpreted to 

incorporate, or specifically incorporates, 40 CFR 51.166(b)(48).

(b). For purposes of 40 CFR 52.21(b)(50)(ii), with respect to greenhouse 

gas emissions from new electric utility generating units, the “pollutant that 

is subject to the standard promulgated under section 111 of the Act” shall 

be considered to be the pollutant that otherwise is subject to regulation 

under the Act as defined in 40 CFR 52.21(b)(49).