New Rules Facilitate Air Permits, GHG Compliance

Last spring, the U.S. Environmental Protection Agency finalized the GHG Tailoring Rule, which specified that beginning in 2011, businesses that wish to build new projects or significant expansions that will substantially increase greenhouse-gas (GHG) emissions will have to obtain permits under the Clean Air Act. Recently, the agency proposed two new rules that are critical to implementing the Tailoring Rule and will help minimize GHG emissions.

In the first rule, 13 states would be required to revise their state implementation plan (how states comply with the Clean Air Act) to ensure their Prevention of Significant Deterioration (PSD) permits cover greenhouse gases. Among those states (or counties within them) are Arizona, California, Nevada, and Texas in the Southwest. The other states must review their existing permitting authority to verify they address GHG emissions. 

The second rule provides terms for EPA to issue permits to large GHG emitters in the 13 states in the event they are unable to develop and submit revisions to their plans before the Tailoring Rule becomes effective in 2011.

The agency issued a fact sheet with further details.