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The final rule was made after consulting with state authorities and evaluating the phase-in process for the regulations.
“EPA believes that current conditions do not suggest that EPA should lower the permitting thresholds,” officials said.
“Therefore, EPA will not include additional, smaller sources in the permitting program at this time.”
The agency said in addition to maintaining its focus on significant emitters, leaving the outlines as-is would aid state and local permitting authorities.
“The final rule maintains a focus on the nation’s largest emitters that account for nearly 70 per cent of the total GHG pollution from stationary sources, while shielding smaller emitters from permitting requirements,” it said.
“EPA is also finalizing a provision that allows companies to set plant-wide emissions limits for GHGs, streamlining the permitting process, increasing flexibilities and reducing permitting burdens on state and local authorities and large industrial emitters.”
EPA’s phased-in approach to GHG permitting under the Clean Air Act was first announced in 2010 and recently upheld by the US Court of Appeals for the DC Circuit.
EPA regulations dictate that new facilities with greenhouse gas emissions of at least 100,000 tons per annum of carbon dioxide equivalent will need to obtain prevention of significant deterioration permits, or PSDs.
Meanwhile, existing facilities emitting 100,000tpa of CO2e making changes that increase GHG emissions by at least 75,000tpa CO2e must also obtain the permits.
Facilities that must obtain a PSD to include other regulated pollutants must address GHG emission increases of 75,000tpa or more of CO2e.
Both new and existing facilities with GHG emissions exceeding 100,000tpa of CO2e must obtain operating permits.
The EPA said it and state permitting authorities had issued 44 PSD permits to address GHG emissions, as of May 21.
The permits required new facilities, as well as existing facilities that made significant modifications, to implement energy efficiency measures to reduce emissions.
