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New Greenhouse Gas Permits For Large Facilities

  • Ashley Slovinski
  • June 2, 2010

On May 13, the U.S. Environmental Protection Agency (EPA) finalized a "Tailoring Rule" that requires greenhouse gas (GHG) emissions permits for the construction, renovation and operation of large facilities. This new rlue temporarily raises the emissions thresholds specific to GHGs that apply to large facilities and sets a timetable for phasing in the permitting of medium and possibly even small facilities, according to an AGC of America press release.

Under the rule, the new emissions thresholds and timelines for permitting under the Clean Air Act PSD and title V Operating Permit programs are as follows:

  • In January 2011, the PSD and title V permitting requirements will kick in for large facilities that are already obtaining Clean Air Act permits for other pollutants. Those facilities will be required to include GHGs in their permit if they increase these emissions by at least 75,000 tons per year (tpy).
  • In July 2011, these permitting requirements will expand to cover all new facilities with GHG emissions of at least 100,000 tpy and modifications at existing facilities that would increase GHG emissions by at least 75,000 tpy. Permits must demonstrate use of best available control technologies to minimize GHG emission increases when facilities are constructed or significantly modified.
  • In 2012, EPA will introduce another rulemaking to establish the phasing-in of medium sources and decide whether certain smaller sources can be permanently excluded from permitting requirements. If established, EPA states that it would not require permitting for sources with GHG emissions below 50,000 tpy prior to April 2016.

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