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EPA Proposes Reconsideration of Memo on the Definition of Pollutants Covered Under the Clean Air Act

10/07/09

Source: SOCMA
Related Topics: Climate Change

EPA Proposes Reconsideration of Memo on the Definition of Pollutants Covered Under the Clean Air Act

EPA proposed to reconsider the December 18, 2008 memorandum entitled “EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.”  Issued by former EPA Administrator Stephen Johnson, the memo addressed when the PSD program would cover a pollutant, including carbon dioxide.

Currently, EPA does not consider CO2 or any of the other principal GHGs to be a “regulated New Source Review pollutant” under the definition in EPA’s federal PSD permit program regulations because there is not yet a national rule requiring actual control.  The basis for this interpretation was expressed by former Administrator Johnson in his December 2008 memorandum.  (That interpretation remains in effect, as it was not stayed by Administrator Lisa Jackson pending this reconsideration.)

In the 2009 proposal to reconsider the memo, EPA requested comment on various interpretations of when a pollutant is “subject to regulation” under the CAA for the purposes of triggering the requirements to get a PSD permit.  Comments on this proposal were due December 7, 2009. 

The proposal can be found at:  http://epa.gov/nsr/fr/20091007_51535.pdf
 







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