The U.S. Environmental Protection Agency (EPA) is proposing two rules to ensure that businesses planning to build new, large facilities or make major expansions to existing ones will be able to obtain Clean Air Act permits that address their greenhouse gas (GHG) emissions.
In the spring of 2010, EPA finalized the GHG Tailoring Rule, which requires large stationary sources - such as power plants and oil refineries - to obtain permits to emit GHGs under the Clean Air Act.
The approach will be phased in starting in January 2011, when large facilities that are already obtaining Clean Air Act permits for other pollutants will be required to include GHGs if they increase emissions by at least 75,000 metric tons per year.
In July 2011, the rule will cover all new facilities with GHG emissions of at least 100,000 metric tons, and modifications at existing facilities that would increase GHG emissions by at least 75,000 metric tons. The permits must demonstrate the use of best available control technologies to minimize emission increases when facilities are constructed or significantly modified.
The new proposed rules will help ensure that these facilities will be able to get those permits regardless of where they are located in the US.
Under the Clean Air Act, states must develop EPA-approved implementation plans that include requirements for issuing air permits. When federal permitting requirements change, as they did after EPA finalized the GHG Tailoring Rule, states may need to modify these plans.
First proposed rule: 13 states required to modify permitting implementation plans
In the first rule, EPA is proposing to require permitting programs in 13 states to make changes to their implementation plans to ensure that GHG emissions will be covered. The states are: Alaska, Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon and Texas. All other states would be required to review their rules and inform EPA if they feel they would not be able to issue permits for GHGs. More Information.
Second proposed rule: EPA could issue permits
EPA is also proposing a federal implementation plan. This would allow EPA to issue permits for large GHG emitters located in the states that are unable to modify their implementation plans before 2011. This would be a temporary measure that is in place until the state can revise its own plan and resume responsibility for GHG permitting. More Information.