U.S. Environmental Protection Agency (EPA) is issuing the final series of actions that will ensure that the largest industrial facilities can get Clean Air Act permits that cover greenhouse gas (GHG) emissions beginning in January 2011.
The first set of actions will give EPA authority to permit GHGs in seven states (Ariz., Ark., Fla., Idaho, Kan., Ore., and Wyo.) until the state or local agencies can revise their permitting regulations to cover these emissions. EPA is taking additional steps to disapprove part of Texas’ Clean Air Act permitting program and the agency will also issue GHG permits to facilities in the state. These actions will ensure that large industrial facilities will be able to receive permits for greenhouse gas emissions regardless of where they are located.
In the second set of actions, EPA has issued final rules that will ensure that there are no federal laws in place that require any state to issue a permit for GHG emissions below levels outlined in the tailoring rule.
Beginning in January 2011, industries that are large emitters of GHGs, and are planning to build new facilities or make major modifications to existing ones, must obtain air permits and implement energy efficiency measures or, where available, cost-effective technology to reduce their GHGs emissions. This includes the nation’s largest GHG emitters, such as power plants, refineries and cement production facilities. Emissions from small sources, such as farms and restaurants are not covered by these GHG permitting requirements.
EPA will propose standards for power plants in July 2011 and for refineries in December 2011 and will issue final standards in May 2012 and November 2012, respectively.
This schedule is intended to allow EPA to host listening sessions with the business community, states and other stakeholders in early 2011, before the rulemaking process begins, as well as to solicit additional feedback during the routine notice and comment period.
More information: http://www.epa.gov/nsr
More information: http://www.epa.gov/airquality/ghgsettlement.html
Texas
EPA intends to promulgate a partial disapproval of Texas’ prevention of significant deterioration (PSD) program and a Federal Implementation Plan (FIP), to take effect by January 2, 2011. Gina McCarthy, the EPA’s assistant administrator for air and radiation, wrote a letter to Texas Commission on Environmental Quality (TCEQ) Chairman Bryan W. Shaw informing him of EPA intentions. As reported in the media, Andrea Morrow a spokesperson for the TCEQ said in response to EPA actions, “This is an arrogant act by an overreaching E.P.A. that is trying to implement new, unnecessary controls on American industry.”
EPA is taking action through interim final rulemaking, effective upon publication, to ensure the availability of a permitting authority — EPA — in Texas for GHG-emitting sources when they become subject to PSD on January 2, 2011. This will allow those sources to proceed with plans to construct or expand. This rule will expire on April 30, 2011. EPA is also proposing a notice-and-comment rulemaking that mirrors this rulemaking. EPA Administrator, Lisa P. Jackson, signed the following final rule on 12/23/2010, and EPA is submitting it for publication in the Federal Register (FR): http://www.epa.gov/nsr/ghgdocs/20101223txfipfinal.pdf
EPA is also proposing a FIP in order to assure that GHG-emitting sources in Texas are able to proceed with plans to construct or expand. EPA Administrator, Lisa P. Jackson, signed the following proposed rule on 12/23/2010, and EPA is submitting it for publication in the Federal Register (FR): http://www.epa.gov/nsr/ghgdocs/20101223txfipproposal.pdf
Comments must be received on or before: February 12, 2011.
Public Hearing: A public hearing will be held on January 14, 2011.
More than a dozen states have joined Texas in lawsuits challenging the E.P.A.’s authority to regulate greenhouse gases.
