Jenner & Block

U.S. EPA Finalizes GHG Stationary Source Permitting Rule

Sigel PhotoBy Gabrielle Sigel

On May 13, 2010, U.S. EPA announced that it had finalized its “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule,” which prescribes how Clean Air Act (“CAA”) permitting requirements are applied to stationary sources of greenhouse gas (“GHG”) emissions.  The rule “tailors” the application of the CAA’s Prevention of Significant Deterioration (“PSD”) and Title V permitting requirements so that only stationary sources of a large amount of GHG emissions are required to obtain permits.  Such permits must demonstrate the use of best available control technologies (“BACT”) applied to GHG emission points.  The application of the final rule is more “tailored” than EPA’s original September 2009 proposal, in that the final rule’s triggering emission amount is a minimum of 75,000 tons per year (“tpy”), not the 25,000 tpy trigger originally proposed.

TAGS: Air, Climate Change, Greenhouse Gas

PEOPLE: Gabrielle Sigel