EPA finalizes greenhouse gas requirement, keeps tailoring rule

The US Environmental Protection Agency issued its final greenhouse gas requirements for facilities emitting at least 100,000 tons/year of carbon dioxide equivalent (CO2e) to obtain prevention of significant deterioration permits. The agency decided not to include smaller plants after consulting with states and evaluating its phased process, it said on July 3.

Existing facilities that emit 100,000 tpy of CO2e and make changes increasing the GHG emissions by at least 75,000 tpy must also obtain PSD permits, EPA said. Plants that must obtain a PSD permit to include other regulated pollutants must also address GHG emission increases of 75,000 tpy, while new and existing sources with emissions above 100,000 tpy CO2e must also obtain operating permits, it indicated.

It said that as of May 21, EPA and state regulators have issued 44 PSD permits addressing GHG emissions.

The agency’s action came after the US Court of Appeals for the District of Columbia’s June 26 rejection of a legal challenge by a coalition of trade associations including the American Petroleum Institute and American Fuel & Petrochemical Manufacturers of EPA’s authority to regulate GHGs under the Clean Air Act.

“EPA’s greenhouse gas regulations continue to require businesses wishing to expand to jump through unnecessary requirements, slowing business expansion and job creation that America needs to help strengthen our economy,” API Regulatory and Scientific Affairs Director Howard Feldman said on July 3 following EPA’s announcement.

Contact Nick Snow at nicks@pennwell.com.

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