Greenhouse Gas Regulation Arrives

The beginning of May, 2010 proved very important for advocates of climate change, as two very important announcements were made. Firstly, Senators Lieberman and Kerry unveiled their climate legislation, the same time as the EPA announced that they had determined the final rule in the process of greenhouse gas regulation. Using powers under the Clean Air Act, the EPA would regulate emissions from the largest industrial facilities, nationwide.

In January 2011, greenhouse gas regulation will become law under the Clean Air Act. Permitting requirements will be strengthened to make sure that the very largest facilities include greenhouse gases in their permitting requests. This process will be expanded during 2011 and by July, all facilities with greenhouse gas emissions greater than 100,000 tons per year must get clear permission before they can operate.

Greenhouse gas regulation rules will give the EPA a lot of extra power when certain operations are mandated to comply. These facilities will only be able to operate if they can show that they have the best possible control technologies and processes available to mitigate and contain carbon emissions. This all came about as a result of a determination by the EPA in 2009, that greenhouse gases were a danger to public health. Everyone expected this kind of action to follow.

Not surprisingly, advocates and politicians are up in arms about the greenhouse gas regulation rule announced by the EPA. The announcement of the rule was largely overshadowed by the publicity given to the American Power Act proposal, the Senate version of a cap and trade program. Indeed, Sen. Kerry was at pains to point out that unless senators accept legislation, regulators at the EPA would move in instead.

Detractors aim to squash the EPA’s greenhouse gas regulation if at all possible. Politicians from the Republican Party have already said that they will challenge the proposals of the Clean Air Act in court, as they fully expect that this type of legislation will extend to cover businesses large and small in the future.

The EPA believes that it must move under the Clean Air Act to regulate greenhouse gas emissions from stationary sources. According to the Act, when non-stationary sources have been addressed, as will happen during the beginning of 2011, stationary sources must also be viewed. Remember that cars and light trucks must meet strict emissions standards as part of this process.

It is estimated that up to 1500 sources will be regulated by the EPA during 2011 and that they must either add to existing permitting processes or apply for permits for the first time, to regulate their greenhouse gas emissions.

It would appear that the fight is on, according to your particular viewpoint, to pass either the American Power Act, or to address the implications contained within the EPA’s greenhouse gas regulation rule. One way or the other, it seems that in 2011 carbon emissions in the United States will be much more intensively regulated.

Daniel Stouffer has a lot of data about greenhouse gas regulation and how a visit to www.verisae.com will be of use to you.