On September 30, the EPA proposed new construction and operating
permit requirements under the Clean Air Act. These requirements
would apply to all sources that emit greenhouse gases (GHGs) in
amounts more than 25,000 tons a year, or some other level to be set
in the final rule. Tighter requirements would follow in six years.
The comment period will close in early December 2009. Very
probably, the EPA will issue a final rule by March 2010.
This Update describes the background of the rule and the major
issues it raises.
Background of the Rule
The Clean Air Act requires every stationary facility that emits
more than 100 tons a year of "pollutants regulated under the
Clean Air Act" to get an operating permit. It also requires
any source that emits at the 100 or 250 ton level—it
varies with the industrial category—to get a
preconstruction permit before it is either newly constructed or
modified. A source is "modified" if it is changed so that
its emissions increase
