April 2010 – EPA Administrator Delays GHG Requirements


In a letter issued on February 22, 2010, EPA Administrator, Lisa P. Jackson outlined several of the decisions she has made for 2010-2011.

The letter outlined the following:

  • The U.S. Supreme Court held three years ago in Massachusetts v. EPA that GHGs are air pollution and are subject to regulation under the Clean Air Act (CAA); therefore, EPA must follow the Supreme Court’s holding.
  • No facility will be required to address GHG in CAA permitting of new construction or modifications before 2011.
  • For the first half of 2011, only facilities that already must apply for CAA permits as a result of their non-GHG emissions will need to address their GHG emissions in their permit applications.
  • GHG emissions from other large sources will phase in starting the latter half of 2011.  Between 2011 and 2013, the threshold for permitting is expected to be substantially higher than the 25,000 tons originally proposed.
  • EPA does not intend to subject smaller facilities to CAA permitting for GHG emissions any sooner than 2016.


  • Review your upcoming capital projects and business expansions for 2011 and beyond.
  • Evaluate what impact requirements will have on those projects.
  • Develop a strategy to adjust your schedule and cost for the projects in question.
  • Contact EHS Support with any questions or assistance in planning.

EHS Support will follow any further updates from the EPA regarding GHG regulations, particularly as it relates to CAA permitting of stationary sources.  For more information, contact Amy Bauer at 251-533-6949 and amy.bauer@ehs-support.com or Jessica Tierney at 412-779-1094 and jessica.tierney@ehs-support.com

For more details, listen to our podcast.

Administrator Jackson’s response letter is available at http://yosemite.epa.gov/opa/admpress.nsf/0/19132862F2B332DE852576D2007D866




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