Notice & Comment

Environment: EPA Proposed Rules on Greenhouse Gases, by Jonathan Rusch

On August 12, the Environmental Protection Agency announced that it “is proposing two rules to ensure that businesses planning to build new, large facilities or make major expansions to existing ones will be able to obtain Clean Air Act permits that address their greenhouse gas (GHG) emissions. In the spring of 2010, EPA finalized the GHG Tailoring Rule, which specifies that beginning in 2011, projects that will increase GHG emissions substantially will require an air permit. Today’s rules will help ensure that these sources will be able to get those permits regardless of where they are located.” The announcement also stated that “[i]n the first rule, EPA is proposing to require permitting programs in 13 states to make changes to their implementation plans to ensure that GHG emissions will be covered. All other states that implement an EPA-approved air permitting program must review their existing permitting authority and inform EPA if their programs do not address GHG emissions.” The EPA will accept comment on the first proposal for updated state implementation plans for 30 days after publication in the Federal Register, and on the second proposal for the federal implementation plan for 30 days after its August 25 hearing on the plan.

This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and Comment blog in 2015.

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