Priority Area 2:
Prevention of Significant Deterioration/New Source Review (PSD/NSR) Reporting Under Clean Air Act (CAA)
Section 112(g)

 

Under the Clean Air Act (CAA) Amendments of 1990, EPA is required to regulate large, or "major," industrial facilities that emit one or more of 188 listed hazardous air pollutants (air toxics). Air toxics are those pollutants that are known or suspected of causing cancer or other serious health effects, such as developmental effects or birth defects.

Two states – Kentucky and South Carolina – recommended two changes pertaining to CAA requirements for stationary sources:

1. Eliminate the requirement to submit a report to EPA if no Section 112(g) determinations are made in a given year.  It is redundant since states are required to enter data into the 112(g) clearinghouse.
2. Eliminate the requirement to report Prevention of Significant Deterioration/ New Source Review (PSD/NSR) determinations that result in a non-applicability determination.

The CAA Section 112(g) provision is designed to ensure that emissions of toxic air pollutants do not increase if a facility is constructed or reconstructed before EPA issues a nationally applicable maximum achievable control technology (MACT) standard for a particular category of sources or facilities.  Specifically, section 112(g) requires that sources obtain a case-by-case MACT standard that shall not be less stringent that the emission control which is achieved in practice by the best controlled similar source.    In effect, the section 112(g) provision is a transitional measure, as it ensures that facilities that construct or reconstruct prior to EPA’s issuance of a national MACT emission standard must control their hazardous air pollutant emissions.

Prevention of Significant Deterioration (PSD) applies to new major sources or major modifications at existing sources. It requires facilities to install Best Available Control Technology (BACT); conduct an air quality analysis; conduct an additional impacts analysis; and ensure that the public is involved in any decision to permit increased air pollution.

Both Kentucky and South Carolina are within EPA’s Region 4; therefore, Region 4 responded to the states’ recommendations.  Region 4 agreed to both of the states’ recommendations.  You may read the details on Region 4’s response under Recommendation A6 and Recommendation A7.