The Tailoring Rule Requires No Alterations: EPA Leaves GHG Permitting Thresholds Unchanged

Last Friday, Lisa Jackson signed “Step 3” of the Tailoring Rule. In what was probably not a surprise to many, EPA determined

"that state permitting authorities have not had sufficient time to develop necessary permitting infrastructure and to increase their GHG permitting expertise and capacity. By the same token, EPA and the state permitting authorities have not had the opportunity to develop and implement streamlining approaches."

In other words, subjecting more facilities to the GHG rule would still pose a risk of tying the system in knots, so EPA’s not going there – at least not yet.

EPA also promulgated some revisions to 40 CFR Part 52 to facilitate use of plantwide applicability limits for GHG sources. Most importantly, the regulations will permit GHG-only sources (sources that are not major sources for non-GHG pollutants) to utilize GHG PALs and retain their minor source status with respect to other pollutants.

EPA is fond of describing its GHG regulatory program as a common sense approach. It is certainly true that, so long as EPA regulates GHGs under existing CAA authority, today’s rule qualifies as common sense. It’s still not going to please many people.

 

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Foley Hoag LLP - Environmental Law | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×