EPA Proposes Best Technology Regs To Reduce GHGs

EPA Administrator Lisa P. Jackson announced at the California Governor’s Global Climate Summit that the Agency has taken a significant step to address greenhouse gas (GHG) emissions under the Clean Air Act. The Administrator announced a proposal requiring large industrial facilities that emit at least 25,000 tons of GHGs a year to obtain construction and operating permits covering these emissions. These permits must demonstrate the use of best available control technologies and energy efficiency measures to minimize GHG emissions when facilities are constructed or significantly modified.

The rule is carefully tailored to apply to only the largest sources – those from sectors responsible for nearly 70 percent of U.S. greenhouse gas emissions sources. These large facilities would include power plants, refineries, and factories. Small businesses such as farms, restaurants and many other types of small facilities would not be included in these requirements. If the proposed fuel-economy rule to regulate GHGs from cars and trucks is finalized and takes effect in the spring of 2010, Clean Air Act permits would automatically be required for stationary sources emitting GHGs.

This proposed rule focuses these permitting programs on the largest facilities, responsible for nearly 70 percent of U.S. stationary source greenhouse gas emissions. With the proposed emissions thresholds, EPA estimates that 400 new sources and modifications to existing sources would be subject to review each year for GHG emissions. In total, approximately 14,000 large sources would need to obtain operating permits that include GHG emissions. Most of these sources are already subject to clean air permitting requirements because they emit other pollutants. The proposed tailoring rule addresses a group of six greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

In addition, EPA is requesting public comment on its previous interpretation of when certain pollutants, including CO2 and other GHGs,would be covered under the permitting provisions of the Clean Air Act. A different interpretation could mean that large facilities would need to obtain permits prior to the finalization of a rule regulating greenhouse gas emissions. EPA will accept comment on these proposals for 60 days after publicationin the Federal Register. The proposed rules and more information.

Critics complain that the Clean Air Act specifically states that any facility emitting more than 250 tons per year of a regulated pollutant is a "major source." This would cover more than a million buildings, including schools, churches, and hospitals that emit more than 250 tons of CO2 every year. The question is can EPA modify the regulation by changing the 250 ton number to 25,000 tons without an act of Congress?