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EPA Delays Greenhouse Gas Permits for Manufacturing Plants



by Thomas M. Donnelly
Jones Day - San Francisco Office

G. Graham Holden
Jones Day - Atlanta Office

Kevin P. Holewinski
Jones Day - Washington Office

John A. Rego
Jones Day - Cleveland Office

Charles T. Wehland
Jones Day - Chicago Office

April 19, 2010

Previously published on April 2010

On April 2, 2010, EPA published a notice delaying the date when PSD and Title V regulations will apply to greenhouse gases (“GHGs”) until after January 2, 2011. Originally, the requirements were thought to take effect on the date EPA finalized the GHG emissions standards for vehicles. The April 2 final rule therefore both clarified and delayed the applicability of PSD and Title V permitting programs to GHGs. Questions about the PSD and Title V permitting programs arose as EPA made plans to promulgate regulations for GHG emissions from motor vehicles under Title II of the Clean Air Act in the near future. The April notice marks the culmination of a series of events beginning in 2007 but faces challenges.


 

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