• Greenhouse Gas Regulations

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    Greenhouse gases are regulated by the Environmental Protection Agency under the Clean Air Act, even though the Clean Air Act never authorized such regulation. AFPM believes that using this 40-year-old law to control of greenhouse gases (GHG) emissions threatens our nation's economic and energy security. The Clean Air Act applies only to U.S. companies and was never intended to regulate greenhouse gas emissions. Even the EPA has admitted Clean Air Act GHG emissions will do nothing to reduce global concentrations of these emissions.

    Greenhouse gases are regulated by a number of rules, including:

    • Mandatory Reporting Rule – EPA issued the Mandatory Reporting of Greenhouse Gases Rule, which requires reporting of greenhouse gas data and other relevant information from large sources and suppliers in the United States. The purpose of the rule is to collect accurate and timely greenhouse gas data to inform future policy decisions. 
    • Prevention of Significant Deterioration permitting – A permitting program for new and modified major sources of emissions such as power plants, manufacturing facilities, and other facilities. The program is designed to ensure that air quality does not degrade beyond that established in the National Ambient Air Quality Standards. Initially, the permitting process required new and modified facilities above a specified size threshold to be carefully reviewed prior to construction for air quality impacts. EPA extended the requirements in July 2011 to new construction projects that emit at least 100,000 tons of greenhouse gases and existing facilities that increase their emissions by at least 75,000 tons per year, even if they do not exceed thresholds for other emissions.    
    • On March 23, 2014, the U.S. Supreme Court held that the Clean Air Act does not permit EPA to require a source to obtain a PSD or Title V permit on the sole basis of its potential GHG emissions.  This means that  GHGs could not serve as a trigger to the PSD permitting requirement; however, if a source triggered the PSD program based on its emissions of NAAQS criteria pollutant for which the areas is in attainment, then that source’s GHG emissions would be subject to the PSD permitting system’s Best Available Control Technology (BACT) requirements. 
    • New Source Performance Standards – These dictate the level of emissions that a new or modified stationary source may produce. EPA is required to issue new Source Performance Standards that determine the level of emissions that a new or modified stationary source may produce.