On June 3, 2010, EPA published its long-awaited "Tailoring Rule," the latest in a series of federal rulemaking initiatives within the last few months that pertain to the regulation of greenhouse gases.
The Tailoring Rule clarifies the applicability of two major permitting programs under the Clean Air Act, establishing which new sources and modification projects must obtain permits for greenhouse gas emissions.
Preceding the Tailoring Rule was EPA's Endangerment Finding, published on December 15, 2009, which identified greenhouse gas emissions from mobile sources as a threat to health and welfare. The Endangerment Finding also led to the Mobile Source Rule, published on May 7, 2010, which established new emission standards to constrain greenhouse gas emissions from mobile sources.
Under the structure of the Clean Air Act and another recent EPA rulemaking known as the "Trigger Rule," tens of thousands of facilities emitting greenhouse gases would require permits for new construction or major modifications beginning in January 2011. The Tailoring Rule is intended to prevent permitting authorities from being overwhelmed with applications from these previously unregulated sources. The Tailoring Rule is significant because it reveals EPA's plan to phase in greenhouse gas regulation throughout the economy over the next few years.
For a comprehensive discussion of recent federal rulemaking initiatives regarding greenhouse gases, including the Tailoring Rule, click here.
If you have any questions regarding how federal and state steps to mitigate the effects of greenhouse gases might affect your operations, please feel free to contact Robert B. McKinstry, Jr., 215.864.8208 or mckinstry@ballardspahr.com; Brendan K. Collins, 215.864.8106 or collins@ballardspahr.com; Jennifer E. Drust, 215.864.8275 or drustj@ballardspahr.com; or any other member of Ballard Spahr’s Climate Change and Sustainability Initiative.
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