Environmental Policy Update: Recent Actions on Greenhouse Gas Regulations
By Cliff L. Rothenstein (D.C.), Michael W. Evans (D.C.), Cindy L. O'Malley (D.C.)
As the 112th Congress kicks off and the new House majority is set to begin intensive oversight of EPA rules, two significant actions occurred that will affect the schedule for issuing greenhouse gas (GHG) regulations. These actions will ultimately affect the level of GHG emissions controls that will be required at power plants and other large stationary sources.
The first action goes into effect on January 2, 2011, requiring that permits issued under the Clean Air Act for large stationary sources begin to address GHG emissions as well as require Best Available Control Technology (BACT) to control these emissions. To prepare for this requirement the EPA issued a series of rules on December 23, 2010 to (1) narrow the permitting requirement so facilities with GHG emissions below the levels set in the tailoring rule do not need permits and (2) to give EPA authority to issue GHG permits in states that need to revise their permitting regulations to cover GHG emissions. In a related action, the U.S. District Court of Appeals for the District of Columbia granted an emergency stay order, blocking EPA from issuing permits in Texas.
