EPA Publishes Greenhouse Gas Tailoring Rule in Federal Register


Source: SOCMA
Related Topics: US Environmental Protection Agency

On June 3, EPA’s Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule was published in The Federal Register.  As previously noted, this rule addresses greenhouse gas emissions (GHG) from the largest stationary sources under the Clean Air Act permitting programs.  Specifically, the rule sets thresholds for GHG emissions that define when permits under the New Source Review Prevention of Significant Deterioration (PSD) and Title V Operating permit programs are required for new and existing industrial facilities. (By "tailoring" the requirements of these permitting programs, EPA hopes to limit  which facilities will be required to get such permits.)

Most immediately, beginning in January 2011, sources currently subject to the PSD permitting program will be required to include Greenhouse Gas emissions in their Clean Air Act permits if they increase those emissions by at least 75,000 tons per year (TPY)  (in a CO2-equivalent basis).  Sources currently subject to the operating permit program would similarly be subject to title V requirements for their GHG.

In July 2011, Clean Air Act permitting requirements will be expanded to cover all new facilities with GHG emissions of at least 100,000 tons per year, and modifications at existing facilities that would increase GHG emissions by at least 75,000 tpy.  Operating permit requirements will apply to sources based on their GHG emissions; facilities that emit at least 100,000 tpy CO2e will be subject to Title V permitting requirements

Beginning in 2011, and concluding by July 1, 2012, the agency is also committing to beginning another rulemaking, taking comment on an additional step for phasing in GHG permitting , and possibly discussing whether certain smaller sources may be permanently excluded from permitting.  EPA will not require sources for smaller sources until at least April 30, 2016. 

The final rule can be found at:

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