CC-16-015: EPA – Air – Proposed Rule – PSD & Title V Thresholds for Greenhouse Gases

In the Federal Register on October 3, 2016, EPA proposes a PSD and Title V Significant Emissions Rate (SER) threshold for greenhouse gases (GHGs). The proposal is intended to align PSD and Title V requirements with a June 2014 Supreme Court decision which found that (a) sources cannot be subject to PSD or Title V permitting requirements solely on the basis of GHG emissions but (b) sources subject to PSD requirements due to emissions of other pollutants may be subject to BACT review for GHGs. EPA is proposing that for sources subject to PSD permitting requirements for pollutants other than GHGs, the Significant Emissions Rate (SER) threshold for GHGs is 75,000 tons per year. A GHG BACT would not be required for sources that emit, or have the potential to emit, less than this amount. This material will interest all companies.