December 4, 2009
EPA Actions Trigger Regulation of Greenhouse Gas Emissions Under Clean Air Act
By Alec Zacaroli, Ben Snowden,and Julie R. Domike
Because of various proposals currently under consideration by the Environmental Protection Agency, the authors of this article say it is likely that many stationary sources of greenhouse gas emissions will face new regulation under the Clean Air Act in coming months. As applicability of the prevention-of-significant-deterioration and Title V operating permit programs is driven by the adoption of any form of greenhouse gas emissions control, the authors say that sources of greenhouse gas emissions may be subject to these programs as soon as EPA finalizes its light-duty vehicle greenhouse gas regulation. Therefore, the authors say that companies and other regulated entities should begin preparing for this outcome, while simultaneously taking whatever measures they deem necessary to continue to influence the rulemaking process.
Alec Zacaroli is senior counsel, specializing in air pollution control law and environmental litigation, with the law firm Wallace King Domike & Reiskin PLLC, in Washington, D.C. Ben Snowden is an associate with WKDR, also practicing in the area of air pollution control law and environmental litigation. Julie R. Domike, a partner with WKDR and head of the firm’s air practice, contributed to this report. In addition, RTP Environmental Associates Inc. of Raleigh, North Carolina, contributed to this report, including analysis of potential BACT for greenhouse gases.The opinions expressed here do not represent those of BNA, which welcomes other points of view.