On Aug. 26, the U.S. Environmental Protection Agency (EPA) quietly released a proposal to clarify when facilities will need to set controls for greenhouse gas (GHG) emissions in order to obtain necessary air permits prior to construction or major upgrades and even to be operated. AGC is reviewing the proposal and plans to submit its comments by the Dec. 2 deadline.
With these changes, EPA seeks to align its permitting programs to be consistent with a 2014 U.S. Supreme Court ruling that struck down elements of EPA’s “Tailoring Rule” related to the inclusion of GHG emissions in permits for stationary sources or facilities. The proposed changes would affect facilities that emit “conventional” pollutants (e.g., ozone, particulate matter, carbon monoxide, etc.) and are already required to obtain Prevention of Significant Deterioration (PSD) pre-construction permitting program or Title V operating permits program for those pollutants under the Clean Air Act (CAA).
In 2014, AGC reported on the U.S. Supreme Court decision that the emission of GHGs alone do not trigger the facility permitting programs and associated controls; however, if a facility already qualifies for those CAA permitting programs to reduce emissions of conventional pollutants, then EPA also can require controls for GHG emissions. AGC also commented on the Tailoring Rule when EPA first proposed it and other efforts over the years to regulate GHG emissions through the CAA. AGC will review the proposal and prepare an appropriate response.
For more information, contact Melinda Tomaino at tomainom@agc.org.