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ARTICLE · 22 NOVEMBER 2010

Weekly Climate Change Policy Update - November 15, 2010

Van Ness Feldman LLP
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EPA finally issued its guidance to state permitting authorities on Prevention of Significant Deterioration permitting and Best Available Control Technology (BACT) determinations for greenhouse gases.

United StatesEnvironment

Article by Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky and Tomás Carbonell

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Commentary

EPA finally issued its guidance to state permitting authorities on Prevention of Significant Deterioration permitting and Best Available Control Technology (BACT) determinations for greenhouse gases. The agency's guidance leaves states with ample discretion to make BACT determinations. Indeed, the guidance does relatively little in the way of setting down markers or creating predictability—other than an emphasis on energy efficiency . . . EPA also released additional rules for mandatory emission reporting, including the Subpart W rules for the oil and natural gas sectors . . . For more information on these EPA actions, see the VNF website at www.vnf.com.

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