Greenhouse Gas Emissions Permitting

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Latest Developments…

    A federal appeals court Jan. 12 lifted an emergency stay that had blocked the Environmental Protection Agency from taking over Texas’s greenhouse gas permitting program ( Texas v. EPA , D.C. Cir., No. 10-1425, 1/12/11). The decision by a three-judge panel for the U.S. Court of Appeals for the District of Columbia Circuit allows EPA to issue permits for large stationary sources of greenhouse gas emissions pending a review of the merits of a lawsuit challenging the agency’s interim rule that allows EPA to assume responsibility for permitting in Texas. The court said it had dissolved the stay granted Dec. 30, 2010, in response to an emergency motion filed by Texas Attorney General Greg Abbott. Meanwhile, the court will continue to review the state’s challenge to EPA’s takeover authority. Under EPA rules, permitting requirements began applying Jan. 2 to new and modified greenhouse gas emission sources under the prevention of significant deterioration provisions. PSD requires large sources of regulated air pollutants to obtain permits for emission increases and control them using best available control technology. While most states have been implementing the permitting program, Texas has refused to do so, saying EPA lacked the authority to force the permitting requirements promulgated under a final rule issued in 2010.
-- You can find the text of the final rule in the Federal Register Archive

Did you know…?
    EPA published a series of actions Dec. 30 to facilitate greenhouse gas emissions permitting. In addition to the rule published to allow EPA’s takeover of greenhouse gas permitting in Texas, the agency published several other actions, including a finding that seven states—Arizona, Arkansas, Florida, Idaho, Kansas, Oregon, and Wyoming—have failed to submit modifications to their state implementation plans to allow them to implement PSD permitting for greenhouse gas emissions (75 FR 82246). This finding enabled EPA to implement a federal implementation plan in those states for greenhouse gas permitting. The agency also published a final rule that will allow states to limit PSD permitting requirements for greenhouse gases to the largest sources (75 FR 82536). The rule will limit EPA approval of state implementation plans so the plans apply PSD permitting requirements and Clean Air Act Title V requirements for operating permits to only the largest sources of greenhouse gas emissions.
-- Read more…in Air Pollution Control Guide on permitting of greenhouse gas emission sources

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