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"EPA Proposes Greenhouse Gas Emissions Thresholds for Clean Air Act Permit Programs" by Stacy E. Kray
Skadden, Arps, Slate, Meagher & Flom LLP - New York Office
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October 27, 2009
Previously published on October 22, 2009
The United States Environmental Protection Agency (EPA) has recently taken another step toward the eventual regulation of greenhouse gases (GHGs) under the federal Clean Air Act. On September 30, 2009, the EPA announced a proposed "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule (GHG Tailoring Rule). The GHG Tailoring Rule proposes to modify the "major source" thresholds that require sources of air emissions to obtain (i) a "Prevention of Significant Deterioration" (PSD) air permit prior to construction and (ii) a Title V operating permit. The GHG Tailoring Rule also proposes to tailor the "significance" threshold that requires major sources of air emissions to obtain a PSD permit prior to the modification of the emissions source.
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