EPA Posts Tailoring Rule, Extends Control of Economy Activity

The Environmental Protection Agency has now posted its latest version of greenhouse gas emission regulations on its website, with background and supplementary materials.

Final GHG Tailoring Rule
May 13, 2010 – EPA sets greenhouse gas (GHG) emissions thresholds to define when permits under the New Source Review Prevention Significant Deterioration (PSD) and title V Operating Permit programs are required for new and existing industrial facilities.

“Tailoring” in this case means the setting of specific emission limits to stationary sites, primarily industrial and energy facilities, thus requiring their adherance to the permitting process. The EPA claims it has the authority to set its own limits under the Clean Air Act, a dubious assertion.

According to the EPA’s fact sheet:

  • This final rule “tailors” the requirements of these CAA permitting programs to limit which
    facilities will be required to obtain PSD and title V permits. Facilities responsible for nearly
    70 percent of the national GHG emissions from stationary sources will be subject to
    permitting requirements under this rule. This includes the nation’s largest GHG emitters-
    power plants, refineries, and cement production facilities.
  • Emissions from small farms, restaurants, and all but the very largest commercial facilities
    will not be covered by these programs at this time. 

You have to love that “at this time.” They’ll get to you soon enough.

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