On Monday, USEPA Administrator Jackson outlined decisions she has made related to greenhouse gas regulation/permitting. The short read is as follows:
In the letter, the Administrator outlines several of the decisions she has made for 2010-2011:
No facility will be required to address greenhouse gas emissions in Clean Air Act permitting of new construction or modifications before 2011.
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.
EPA is considering a modification to the rule announced in September that required 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.
EPA is considering raising that threshold substantially to reflect input provided during the public comment process.
EPA does not intend to subject smaller facilities to Clean Air Act permitting for greenhouse gas emissions any sooner than 2016.
[Update: The Administrator was responding to a letter sent by a group of Senators (D) from coal producing states challenging EPA's potential regulation of greenhouse gases. A copy of the related news release, with a link to the Senators' letter, can be found here. Senator Rockefeller's response to the Administrator's letter can be found here, stating in part, “As I evaluate the EPA’s letter, I remain committed to presenting legislation that would provide Congress the space it needs to craft a workable policy that will protect jobs and stimulate the economy.” Read: Legislation to suspend EPA's authority to regulate GHG's for some period of time.]