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EPA Regulation of Greenhouse Gases Industrial Energy Consumers of America November 16, 2009. PRESENTED BY Peter Glaser argaret Campbell Troutman Sanders LLP Troutman Sanders LLP 401 9 th Street, NW 600 PeacMhtree Street, NE Suite 1000 Suite 5200
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Peter Glaser argaret Campbell
Troutman Sanders LLP Troutman Sanders LLP
401 9th Street, NW 600 PeacMhtree Street, NESuite 1000 Suite 5200
Washington, DC 20004 Atlanta, GA 30308-2216
Greenhouse gases are Clean Air Act “air pollutants” which EPA must regulate if it finds endangerment to public health or welfare
Case was in the context of GHG emissions from new motor vehicles, but precedent applies to sources across the economy
Finds that elevated concentration of six GHGs in atmosphere endangering both public health and welfare because of climate change effectsEPA Endangerment Finding
→ PSD for GHGs when auto regs finalized
→ Series of NSPS rulemakings likely beginning next year for categories of stationary sources
Numerous petitions to EPA by enviros
in queue to regulate mobile sources:
heavy trucks, planes, locomotives,
ships, mobile engines – timing
uncertain, proposals likely next year
Statutory threshold for Title V is 100 tpy:
6.1 million new regulated sources (!!)PSD Conundrum: Will EPA Be Forced to Regulate Small Sources?
BUT: 100/250 tpy thresholds will remain in effect under state law unless changed. So EPA has not solved the problem and this will affect both large and small sources
Comments due 12/28“Tailoring” Rule
EPA Administrator Johnson: No
EPA Administrator Jackson: On further review, we agree“Johnson Memorandum” Reconsideration
- Two-phase controls?
- 10% biomass co-firing?
- Series of one-year EPA rulemakings. Powerplants first up, with proposals beginning next year
- Requirements likely to apply immediately upon rulemaking becoming effective
- Both EPA and States must adopt standards – will take several years start-to-finish
- Likely several-year compliance period thereafter: For first source category targets (EGUs), likely 2014+ before sources must comply, with possible phased compliance