U.S.: Greenhouse Gas Emission Control: BACT to the Future II
By Cliff Rothenstein (Washington, DC) and Thomas Carey (Chicago).
On December 8, 2009 we blogged about the United States Environmental Protection Agency’s nascent attempts to define what types of “Best Available Control Technologies” could be utilized to control greenhouse gas emissions.
At that time, the only viable BACT identified for GHGs involved increasing petroleum-based fuel burning efficiencies (less fuel use = less CO2 emissions) in boilers, engines, and other fuel combustion devices. Other BACT emission “controls” included switching from high CO2 emission fuels like coal and fuel oil to lower emission fuels like natural gas. Carbon sequestration – a popular and much touted way to control GHG emissions – was, and is, still on the drawing board as a recognized BACT-ready control alternative, as are other BACT alternatives.
BACT to the Future II:
Now, one year later, (following the 2010 mid-term elections) Republicans control the U.S. House of Representatives by a wide margin and the Democrats’ control of the Senate is razor-thin.
Result: federal cap and trade legislation is “dead” and USEPA is now cornered into pursuing the GHG regulatory option.
In furtherance thereof, on November 10, 2010 – just two months away from the January 11, 2011 date effective date of the Tailoring Rule (when stationary sources become subject to PSD and Title V permitting when making major modifications) – the USEPA issued its BACT determination guidance, entitled “PSD and Title V Permitting Guidance For Greenhouse Gases.”
