U.S. EPA recently published a final rule reversing its prior position on reporting so-called biogenic GHG emissions–emissions created from burning plant-based fuels. Beginning this month, industries that are large emitters of greenhouse gases (GHGs), or those that are planning to build new facilities or make major modifications to existing ones, must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHGs emissions. In an earlier proposed rule, EPA did not require separate reporting of GHG emissions from biomass. Yet, on December 17, EPA released its final rule, which requires power plants that burn… Read more
Tag: greenhouse gas permitting
EPA Releases Greenhouse Gas Permitting Guidance
Last Wednesday, the Environmental Protection Agency (“EPA”), published a set of guidance documents to assist state authorities and industry applicants with the Clean Air Act “prevention of significant deterioration” (PSD) and Title V permitting for sources of greenhouse gas emissions (GHGs). EPA has declared that GHGs are a danger to human health and the environment and must be regulated under the Clean Air Act. With the guidance, EPA seeks to reassure major emitters (the first group to be regulated) that impending regulation will not be too burdensome and that permitting decisions will take cost and technical feasibility into account. The… Read more
EPA Proposes Rules on Clean Air Act Permitting for GHG Emissions
In spring 2010, EPA finalized the Greenhouse Gas (“GHG”) Tailoring Rule, which states that large industrial facilities and projects will require an air permit for their GHG emissions beginning in 2011. On August 12, 2010, EPA issued two proposed rules to address concerns that some states will not be ready to issue permits on January 2, 2011. In the first rule, EPA proposes to find that 13 states — Alaska, Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon, and Texas — have state implementation plans (SIP) that are “substantially inadequate” to meet CAA requirements. The plans are… Read more