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Environmental Law News: EPA proposes New Rules for Greenhouse Gas Emissions

08/13/2010 // West Palm Beach, FL, USA // Tara Monks // Tara Monks

Washington, DC – The U.S. Environmental Protection Agency announced Thursday, August 12, 2010 its decision to propose two rules to ensure that businesses planning new construction projects for new, large facilities, or expansions, will be able to obtain Clean Air Act permits that address their greenhouse gas (GHG) emissions. The announcement was made via press release, and stated in the spring of 2010 the EPA finalized the GHG Tailoring Rule, which states in 2011, projects that will substantially increase GHG emissions will require an air permit.

According to the release, the Tailoring Rule addresses large industrial facilities like power plants and oil refineries. Facilities of this magnitude are responsible for 70 percent of the GHGs from stationary sources. The goal of the rule is to ensure that GHG emissions from large facilities are minimized across the nation.

The first proposed rule requires “permitting programs in 13 states to make changes to their implementation plans to ensure that GHG emissions will be covered. All other states that implement an EPA-approved air permitting program must review their existing permitting authority and inform EPA if their programs do not address GHG emissions.”

Because some states may not have enough time to develop and submit revisions before the Tailoring Rule is enacted in 2011, the second rule allows EPA to issue permits for large GHG emitters located in the lagging states. According to the release, “this would be a temporary measure that is in place until the state can revise its own plan and resume responsibility for GHG permitting.”

EPA states it will work closely with states to aid in the development and approval process of the program. EPA also guarantees it will continue to provide guidance and act as a resource for the states as they make the changes necessary to meet GHG emissions levels.

EPA is accepting comment on its first rule for 30 days after publication in the Federal Register. EPA has scheduled a hearing on the second proposal for August 25, and will accept comments for 30 days after as well. The firm hopes to finalize rules by January 2, 2011.

Media Information:

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