In a recent INSIDEEPA.COM article as well as other
publications, sources predict that 2013 may see increased EPA
enforcement based on greenhouse gas ("GHG")
emissions.
With a number of GHG-related regulations already on the books
and more nearing finalization, EPA's recent focus on GHG
rulemaking may ripen into significant GHG
enforcement. In particular, the federal government's mandatory reporting
requirements for GHGs may provide an especially inviting
enforcement target now that EPA possesses industry data over
multiple years, i.e., to better inform an assessment of whether
reported information is accurate. PSD enforcement efforts based on
the Tailoring Rule may also appear with
greater frequency, especially when combined with EPA cases
involving other criteria pollutants (such as particulate, NOx,
SO2, etc.). In sum, 2013 is viewed as a potential
transition year given the increasing opportunities for GHG-based
enforcement.
