Since the US Congress is deadlocked on climate change
legislation, the Obama administration is moving forward to regulate
greenhouse gas (GHG) emissions under the Clean Air Act,
starting January 2, 2011. One of the challenges in doing this is
that the Clean Air Act was designed for toxins emitted in
relatively small quantities, in the hundreds of tons/ year, not for
GHG, which can be emitted in the hundreds of thousands of tons by a
single company. Special rules are therefore being developed to
"tailor" the CAA regime to GHG.
Last week, the EPA released wide-ranging guidance documents on how the new rules will
actually apply to major stationary emitters of GHGs:
"Greenhouse gas (GHG) emissions from the largest stationary
sources will, for the first time, be covered by the Prevention of
Significant Deterioration (PSD) and title V Operating Permit
Programs beginning January 2, 2011. These permitting programs,
required under the Clean Air Act, are proven tools for
