EPA Urges PADEP to Strengthen the GP-5

June 15, 2012 - Yesterday, Clean Air Council attorneys attended the Pennsylvania Air Quality Technical Advisory Committee meeting. There, PA DEP presented a summary of the comments received on the General Permit-5 and also provided the Council with a copy of comments received from EPA Region 3.

EPA noted that the general permit fails to contain federally enforceable emission limitations. In order to be federally enforceable the limitation must be contained in a permit that has undergone public participation. However, the emission limitations for GP-5 are incorporated by reference from the GP-5 application that the permittee submits. This application will not undergo public comment therefore the limitations are not federally enforceable.

EPA also urged PA DEP to consider the cumulative impact from numerous GP-5s on attaining and maintaining air quality standards. Further, the EPA says that startup, shutdown and malfunction emissions cannot be exempt as contemplated in the GP-5. EPA recommends providing more explicit guidance on what must be included in the greenhouse gas calculation that applicants must undertake.

The Council and its allies submitted comments on the GP-5 on May 23, 2012. Background on the GP-5 can be found here.

PA DEP indicated that a full comment and response document will be prepared for the GP-5 and it will be finalized this fall.