propose repealing the challenged grandfathering provision. (74 FR 26098). On September 16,

14 2009, the original 3-month stay was extended to June 22, 2010, to allow additional time for the

15 EPA to formally propose repeal of the grandfathering provision from the PM2.5 NSR

16 implementation rule for federal PSD permits issued under 40 CFR 52.21. (74 FR 48153). On

17 February 11, 2010, the EPA published its proposal to repeal the grandfathering provision. (75

18 FR 6827). These actions cite the fact that the technical difficulties that necessitated the PM10

19 Surrogate Policy had been largely, although not entirely, resolved.

20 As part of the proposed rulemaking to repeal the grandfathering provision contained in

21 the federal PSD program, the EPA also proposed to require an early end to the use of the PM10

22 Surrogate Policy for state PSD programs that the EPA had already approved as part of the SIP

23 required by 40 CFR 51.166.

On May 18, 2011, the EPA published the Implementation of 1 the New Source Review

2 (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5) (76 FR 28646) final

3 rule that repealed the grandfathering provision.1 In that final action, the EPA ended the use of

4 the PM10 Surrogate Policy for PSD permits under the federal PSD program for sources that were

5 covered by the grandfathering provision (that is, those sources for which a complete permit

6 application was submitted before July 15, 2008) and that were not yet issued a permit by the

7 effective date of the final rule. 2 After the final rule became effective, in order for those permits

8 to be issued, such applications will have to be reviewed directly against the PM2.5 requirements

9 or, alternatively, use a surrogate approach for PM2.5 (other than the PM10 Surrogate Policy) that

10 is consistent with the applicable case law. The demonstration must show, at a minimum, that the

11 source's emissions are controlled to a level that satisfies Best Available Control Technology

12 (BACT) requirements for PM2.5 and that the emissions will not cause or contribute to a violation

13 of any NAAQS for PM2.5.

14 On March 23, 2010, to assist sources and permitt



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