Sunday, August 8, 2010

Greenhouse Gas Regulation Arrives

WASHINGTON - DECEMBER 07:  EPA Administrator L...Image by Getty Images via @daylife
By Daniel Stouffer

The Environmental Protection Agency (EPA) has unveiled the final ruling on greenhouse gas emissions at the federal level. During the second week in May 2010, supporters of climate change are victorious as Senators Lieberman and Kerry has rolled out the climate change legislation. The EPA is also about to set emissions regulation for the largest industries, as a response to the Clean Air Act.

The Clean Air Act includes permitting requirements and greenhouse gas regulation that would kick in in
January 2011, when the largest facilities are required to include greenhouse gases in their permitting allocations. As 2011 rolls out, these permitting requirements will be expanded and all facilities with greenhouse gas emissions of at least 100,000 tons per annum will be required to get permission before they can operate.

The second week in May, 2010 was momentous for climate change protagonists as not only did Senators Kerry and Lieberman finally unveil their much vaunted climate legislation, but the EPA also announced their final rule in the process of greenhouse gas regulation at the federal level. The EPA is set to regulate emissions from the largest industrial facilities, as part of the overall reach of the Clean Air Act.

Allowances will be allocated by the EPA under the GHG regulation rules if the industry put into question will be able to show that it has the best available technology available for controls, as well as mitigation practices, to reduce carbon emissions. These rules come around as a result of a determination made in 2009 that greenhouse gases are a danger to public health and welfare. This finding gave way to the thresholds of implementation and the stricter permit requirements.

Politicians and advocates of the GHG regulation rule that was announced by the EPA are altogether. The announcement of the rule was largely overshadowed by the publicity given to the American Power Act proposal, the Senate version of a cap and trade program. Indeed, Sen. Kerry was at pains to point out that unless senators accept legislation, regulators at the EPA would move in instead.

Detractors aim to squash the EPA's greenhouse gas regulation if at all possible. Politicians from the Republican Party have already said that they will challenge the proposals of the Clean Air Act in court, as they fully expect that this type of legislation will extend to cover businesses large and small in the future.

The Environmental Pollution Act fully understands that it is mandated to perform regulations as governed by the Clean Air Act and is required to give solutions to the GHG emissions from stationary sources at it has already given solutions to emissions which are coming from non-stationary sources. Vehicles are expected to comply with strict emissions standards by the start of 2011 as part of the regulation procedures.

Approximately 1500 organizations can be required to acquire or add to their emissions allowances to cover their regulated GHG emissions.

Depending on one's point of view, the fight is on whether to pass the American Power Act or to address the implications of the EPA GHG regulation rule. In one way or another, it is likely that carbon emissions in the US will be regulated more intensively by 2011.

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