In our last issue, we discussed EPA’s proposed “Tailoring Rule,” which is intended to raise the Prevention of Significant Deterioration (PSD) thresholds of 100 and 250 tons per year, and the Title V permitting threshold of 100 tons per year, to minimize the number of stationary sources that would be impacted by the automatic application of PSD and Title V to such low emissions rates of greenhouse gas (“GHG”). As you recall, these thresholds are triggered as a result of EPA’s endangerment/cause and contribute findings and the mobile source rules which EPA adopted in response to the Supreme Court’s 2007 decision Massachusetts v. EPA, in which the Supreme Court determined that GHGs are “air pollutants” under the CAA.
Article authored by McAfee & Taft Attorney: Mary Ellen Ternes.
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