On Dec. 10, 2010, the D.C. Circuit Court of Appeals denied
petitioners' request to stay EPA's greenhouse gas (GHG)
regulations in Coalition for Responsible Regulation, Inc., et
al. v. EPA. In rejecting the stay, the Court found that
petitioners failed to show that they would suffer harm
"directly resulting" from EPA's GHG regulations, and
that such harm was a certain rather than merely speculative. The
D.C. Circuit will continue to consider petitioner's request to
vacate EPA's GHG regulations, but in the meantime, these
regulations will remain in effect. Although it is unclear at this
point when the court will hear the merits of the case, the
Court's recent order stated that oral arguments will be
scheduled.
EPA's "Tailoring Rule" regarding GHG permitting rules
for major stationary sources takes effect on Jan. 2, 2011. After
Jan. 2, 2011, any new major stationary source that would currently
be subject to PSD for air emissions other than greenhouse gas
emissions and that has the potential to emit greater than 75,000
tons per year (tpy) of carbon dioxide equivalents (CO2e), will be
required to obtain a PSD permit for greenhouse gases. In addition,
any existing major stationary source seeking to make a modification
that would cause a significant emissions increase of an
NSR-regulated pollutant and a greenhouse gas emissions increase of
75,000 tpy CO2e or more would require PSD review for greenhouse
gases. The applicability of the Tailoring Rule expands beginning on
July 1, 2011, when all new sources that will emit or have the
potential to emit over 100,000 tpy of CO2e and any existing major
source seeking a modification that will increase greenhouse gas
emissions by 75,000 tpy CO2e will require preconstruction PSD
review. Additionally, all sources that emit or have the potential
to emit over 100,000 tpy of CO2e would be required to obtain a
Title V permit under the Clean Air Act.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
