Recently, exercising its obligations under the Clean Air Act, the Environmental Protection Agency (EPA) took several key steps to combat climate change in the transportation, industrial, and power sectors.
CATF was closely involved in two recent and important EPA decisions or reviews:
- The Mandatory Greenhouse Gas Reporting Rule, which requires all facilities that emit 25,000 tons per year or more of CO2 (or other GHGs which warm the atmosphere the same amount) to monitor and report their emissions. This is the first step to establish a comprehensive, accurate national inventory of GHG emissions. The EPA Administrator has also recently proposed to require monitoring and reporting of greenhouse gases from carbon capture and sequestration facilities and onshore and offshore petroleum natural gas production and distribution facilities. The Administrator is also expected to issue proposed greenhouse gas monitoring and reporting requirements for industrial landfills, wastewater, underground coal mines, and magnesium production.
- The Greenhouse Gas Endangerment Finding under which the EPA Administrator officially finds that emissions of six key greenhouse gases endanger public health and welfare.
In addition, EPA and the Department of Transportation have simultaneously issued new standards—know as the Light-Duty Greenhouse Gas Emissions Standards and Corporate Average Fuel Economy Standards—that require new motor vehicles to comply with greenhouse gas emissions standards and also meet improved fuel economy standards. These rules apply to model years 2010 – 2016 and will result in significant reductions of the GHGs emitted by light vehicles.
Also expected in 2010 are two decisions in which CATF attorneys have been active in lead roles, related to GHG emissions from stationary sources.
The New Source Review, also know as the “Greenhouse Gas Tailoring Rule,” is expected to be released in Spring 2010, and will set the stage for regulation of the largest stationary sources of GHGs under the Clean Air Tact’s Prevention of Significant Deterioration (PSD) and Title V permitting programs.
Additionally, EPA is developing guidelines for Best Available Control Technology (BACT) emissions limits for GHGs and how those limits should be set, once the PSD program is in place for greenhouse gases. Proposed GHG BACT guidelines are expected to be released for public comment in late fall 2010.
CATF plays an active role in these proceedings by submitting formal comments on proposed rules and by participating in a subgroup of the Clean Air Act Advisory Committee formed to advise EPA on regulating GHG emissions from stationary sources.
