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•
Carbon dioxide (CO2) – Naturally occurring and manmade. 5,505.2 mmts emitted in 2009, GWP = 1
•
Methane (CH4) - Naturally occurring and man-made. 686.3
mmts emitted in 2009, GWP = 21
•
Nitrous Oxide (N2O) - Naturally occurring and man-made.
295.6 mmt emitted in 2009, GWP = 310
•
Hydrochlorofluorocarbons (HCFCs) - Man-made.
125.7 mmt emitted in 2009, GWP = 140 – 11,700
•
Sulphur Hexafloride (SF6) – Man-made. 14.8 mmts emitted
in 2009, GWP = 23,900
•
Perfluorocarbons (PFCs) - Man-made. 5.6 mmts emitted in
2009, GWP = 6,500 – 9,200
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Certainties
• We do know that the earth’s atmosphere is
getting warmer.
• We do know that man contributes to the release
of GHGs.
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Uncertainties
• It is disputed whether curbing man’s
contribution could reverse the warming trend.
And then, how much reduction is necessary to
see a change in temperature.
• It is disputed whether the U.S. should move
forward if other major GHG emitting
countries are not, i.e. can we really accomplish
anything globally by ourselves.
• It is disputed whether the existing Clean Air
Act is the best way to regulate GHGs.
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• Massachusetts v. EPA: April 2, 2007, the U.S. Supreme
Court found that greenhouse gases (GHGs), including
carbon dioxide, fit within the definition of air pollutant
under the Clean Air Act (CAA).
• EPA signed the Endangerment Finding and the Cause
or Contribute Finding. Both are under legal challenge.
• Thus the road is paved to regulate GHGs under the
CAA

Standards for light-duty vehicles came first; triggering regulation under
all portions of the Clean Air Act by January 2, 2011. This rule is also
under legal challenge.
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• No ground-level NAAQS to use for permit
review and compliance.
• CO2 is a very common pollutant at the normal
CAA permitting thresholds.
• BACT is problematic as there are no or limited
commercially available technologies to treat or
sequester GHGs (varies by GHG).
• However, Congress was unable to reach
consensus on an alternative plan such as “cap
and trade” or a national reduction standard.
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Case–by–Case analysis in which the Permitting
Authority must:
• Identify all available control technologies
• Eliminate technically infeasible options
• Rank remaining control technologies
• Evaluate most effective controls and
document results
• Select BACT
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• Promulgated June 3, 2010
• Raises the thresholds for GHG emissions that
require permits under the PSD and Title V
Operating Permit programs.
• Defines when PSD/Title V permits are required
for new and existing industrial facilities.
• EPA to consider regulating sources of lower
emission rates and other permit streamlining
measures (Final rule due July 1, 2012).
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• Electric Generating Units:
o Approximately 11 affected facilities.
• General Industry (based on 2008 stationary
fuel combustion):
o Approximately 14 affected facilities.
• Landfills:
o Approximately 12 affected facilities.
*Without emissions monitoring data there is a
large amount of uncertainty in facility numbers
and implementation of the reporting rule was
delayed*
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September 2, 2010, EPA published the proposed
rule:
Action to Ensure Authority to Issue Permits
under the Prevention of Significant
Deterioration Program to Sources of
Greenhouse Gas Emissions: Finding of
Substantial Inadequacy and SIP Call.
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• Arkansas was one of 13 states subject to this
“SIP Call,” which requires those states whose
programs do not currently cover GHG
emissions to revise their SIPs to ensure that
their PSD programs cover GHG emissions
consistent with EPA.
• There was no way Arkansas could meet the
January 2, 2011 deadline.
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• ADEQ decided that it was in the best interest
of the state to allow the FIP to take effect so
that permitting and projects could move
forward while we worked on changes to our
regulations and SIP.
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• We have a working agreement with EPA that we
will review and draft the GHG portion of any
PSD permit and EPA will issue that portion
through their administrative processes.
• We are working on changes to our regulations.
Public comment period is over, and we are
working on a comment response document and
any needed changes to draft rules.
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• We are watching permitting actions across the
country to understand how the BACT
analysis is working and what the GHG
conditions look like. Energy efficiency…
• We have the first PSD permit in house that
potentially trips GHG review.
• Waiting on EPA guidance regarding Title V
GHG permitting until State Program
Approvals are granted.
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Questions?
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