The U.S. Environmental Protection Agency (EPA) on Thursday proposed two new rules to assist in implementing greenhouse gas (GHG) regulations on January 2, 2011.
Earlier this year, EPA finalized the so-called Tailoring Rule covering large industrial facilities like power plants and oil refineries that are responsible for 70% of the GHGs from stationary sources.
One of the new rules issued Thursday will require permitting programs in 13 states to make changes to their implementation plans to ensure that GHG emissions will be covered. Those states are Alaska, Arizona, Arkansas, California, Connecticut, Florida, Idaho, Kansas, Kentucky, Nebraska, Nevada, Oregon and Texas.
All other states that implement an EPA-approved air permitting program must review their existing permitting authority and inform EPA if their programs do not address GHG emissions.
Because some states may not be able to develop and submit revisions to their plans before the Tailoring Rule becomes effective on January 2, the second rule issued Thursday, proposes a federal implementation plan, which would allow EPA to issue permits for large GHG emitters located in these states. This would be a temporary measure that is in place until the state can revise its own plan and resume responsibility for GHG permitting.
EPA will accept comment on the first proposal for updated state implementation plans for 30 days after publication in the Federal Register. EPA has scheduled a hearing on the second proposal for the federal implementation plan on August 25, 2010, and will accept comment for 30 days after that hearing.
The agency is working to finalize these rules prior to January 2, 2011, the earliest GHG permitting requirements will be effective.
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With this latest announcement, the EPA is on track to begin regulating greenhouse gas emissions. The Obama administration, said time and again they wanted Congress to legislate greenhouse gas reductions. But now that it is clear that won’t happen soon, the administration is moving forward.
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