Full Title: Regulating Greenhouse Gas Emissions From Existing Sources: Section 111(d) and State Equivalency
Author(s):
Publisher(s): Environmental Law Institute
Publication Date: April 1, 2010
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Description (excerpt):
On December 23, 2010, the U.S. Environmental Protection Agency (EPA) entered into a settlement agreement requiring new source performance standards (NSPS) covering greenhouse gas (GHG) emissions from fossil fuel-fired electricity-generating units and petroleum refineries. Together, these two categories of sources account for close to 40% of total U.S. GHG emissions. Typically, an NSPS rulemaking process applies only to new sources or existing sources undergoing major modifications. In situations where a pollutant covered by an NSPS is not also regulated as a criteria pollutant under the national ambient air quality standards (NAAQS) program or as a hazardous air pollutant (HAP), however, the Clean Air Act (CAA) also requires states to develop performance standards for existing sources, subject to EPA’s guidance and approval. Because GHGs are not regulated as criteria pollutants or HAPs, the existing source performance standard requirements under §111(d) of the Act will apply to the current GHG NSPS rulemaking