EPA Administrator's response to disgruntled Senators lays out agency's plans for controlling CO2 releases from various facilities.
EPA Administrator Lisa P. Jackson issued a letter on Tuesday, Feb. 23, 2010, responding to a letter sent to her by eight Democratic Senators http://epa.gov/oar/pdfs/LPJ_letter.pdf from coal-producing and manufacturing states, questioning the agency's regulatory plans for greenhouse gases (GHGs) under the Clean Air Act. The letter from the administrator clarified some of the agency's actions under this Administration, but left room for some ambiguity.
Jackson was provided a curt answer to the primary concern in the senators' letter, concerning economic impact of greenhouse gas controls, and whether they might be controlled under the New Source Review provisions of the Clean Air Act.
"No facility will be required to address greenhouse gas emissions in Clean Air Act permitting of new construction or modifications before 2011," Jackson said.
The statement does not mean facilities updated this or last year will not have to worry about potential GHG controls, but it's a good sign for companies wanting to expand or update right now that they won't have to include CO2 control technology.
Jackson also clarified what happens after that: "For the first half of 2011, only facilities that already must apply for Clean Air Act permits as a result of their non-greenhouse gas emissions will need to address their greenhouse gas emissions in their permit applications."
In the letter, Jackson stated that the EPA is "considering a modification to the rule announced in September requiring large facilities emitting more than 25,000 tons of greenhouse gases a year to obtain permits demonstrating they are using the best practices and technologies to minimize GHG emissions." However, Jackson noted that the agency is "considering raising that threshold substantially to reflect input provided during the public comment process."
Finally, smaller facilities need not worry for at least six years. The EPA does not intend to subject smaller facilities to Clean Air Act permitting for greenhouse gas emissions any sooner than 2016.
Pollution Engineering [pollutionengineering@bnpmedia-email.com]
