On October 3, 2016, the USEPA published a proposed rule to revise the Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas (GHG) Permitting Rules in reaction to a US Supreme Court ruling in 2014 (https://www.regulations.gov/document?D=EPA-HQ-OAR-2015-0355-0001).

The most critical change is that the proposed rule would provide a Significant Emissions Rate (“SER”) for GHGs, 75,000 tpy CO2e SER. An applicant that is subject to PSD because proposes to build and operate a new facility or to an expand an existing one that would cause emissions of an existing PSD pollutant to rise by more than its significant level (an “anyway” source) and also GHGs by at least this amount would need to have performed a Best Available Control Technology (“BACT”) analysis for both the subject PSD pollutant and GHGs, as well. Previously addressing GHGs as part of a PSD Permit was limited to “anyway” sources (not sources that exceed a de minimis for GHGs). The proposed revision would prevent the USEPA from exempting from GHG BACT requirements “anyway” sources if it proposes to emit GHGs above the SER guideline.

The proposed rule would also revise several definitions, including a definition of GHGs itself and of CO2 equivalents (CO2e). GHGs is any of a group of 6 compounds, including CO2, N2O, CH4, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. CO2e is calculated by taking the tons per year emission totals of each compound (or set of compounds) and multiplying this by its “global warming potential” published in the rule, and summing them. The proposed rule also provides for the exclusion of GHG emissions from “major source” and “major modification” determinations.

The comment period of the proposed rule is over. Of course, with the new administration taking over in January, it is unknown whether the new USEPA administrator will drop these proposed changes and not have any action about GHG emissions and permitting under the Clean Air Act.

CCES has the experts to allow your facility to make the technical decisions concerning air emissions and compliance with GHG and Clean Air Act rules. Contact us today at 914-584-6720 or at karell@CCESworld.com.