• EPA Issues Proposed Rule Regulating Greenhouse Gases -- Comments Due on December 28, 2009
  • December 3, 2009
  • Law Firm: Drinker Biddle & Reath LLP - Los Angeles Office
  • The Environmental Protection Agency (EPA) October 27, 2009, issued a notice in the Federal Register of a proposed rule which would impose regulatory restrictions on sources of greenhouse gases (GHG) emitting at least 25,000 tons per year of carbon dioxide equivalent (CO2e) with respect to six greenhouse gases: carbon dioxide, methane, nitrous oxide, HFCs, PFCs and SF6. For each of these gases, EPA proposes conversion factors to determine whether emissions exceed the 25,000 per year of CO2e thresholds. If this threshold is exceeded the source is deemed a “major source.” Any new major source or a 10,000 to 25,000 ton increase in CO2e emissions from a major source will require a demonstration of the use of best available control technology (BACT). In addition, major sources will be subject to title V operating permit requirements. EPA estimates that under this regulation a total of 14,000 sources will be affected and 3,000 of those sources, primarily municipal solid waste landfills, will be subject to title V operating permit requirements for the first time.