The Clean Air Act and GHG Regulation A Few Implications

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The Clean Air Act and GHG Regulation A Few
Implications

• November 2008
• Kenneth N. Weiss, P.E., BCEE ken.weiss_at_erm.com

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A Few Stationary Source Issues

• Is the SIP Planning Process Suitable For GHG
  Regulation?
• What are the Practical Impacts to the NSR Program
• Major NSR PSD NANSR
• Minor NSR
• Can Section 111 (NSPS and Designated Existing
  Sources fill the gap)
• Potential Use of Section 112 (MACT Program) to
  Regulate GHGs
• Title V Implications

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The SIP Development Process

• USEPA Sets the NAAQS
• States Have Up to Three Years to Adopt New
  Requirements Designed to Achieve the NAAQS
• Based on Existing Air Quality, New Regulations
  and Attainment Strategy Demonstrations
• Results in a Revised State Implementation Plan
  (SIP)
• The SIP Must Be Approved by USEPA
• The SIP Once Approved is Federally Enforceable

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Air Quality Management Process
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Global CO2 Emissions
Reference Carbon Dioxide Information Analysis
Center
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US GHG Emissions Compared Internationally
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Global Emissions Trends
Reference (1) SGM Energy Modeling Forum EMF-21
Projections, Energy Journal SpecialIssue, in
press, reference case CO2 projections. (2)
Non-CO2 emissions are from EPA's Global
Anthropogenic Emissions of Non-CO2 Greenhouse
Gases 1990-2020.
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Air Quality Management Process
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Air Permits Two Types
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NSR ApplicabilitySources Subject to NSR Based on
1985 Audit Data. Total New and Modified Sources
for 1985 Estimated at 20,200.
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Emissions Increases Subject to PSD
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EPA GHG Major Source Estimates
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Permitting and Planning Implications
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NSPS and MACT Implications

• Both Section 111 NSPS and Section 112 MACT
  Standards are traditional command and control CAA
  approaches
• Does the NSPS program authorize a cap and trade
  approach?
• The MACT program thresholds are 10/25 tpy and
  market-based approaches do not appear to be
  authorized

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Conclusions

• Global warming is a global problem the SIP
  process which is central to the CAA was not
  designed for global solutions
• Opportunities for market based solutions under
  NSPS and MACT programs are limited but optimum
  GHG solutions likely depend upon cap and trade
  programs
• The Permit system will be overwhelmed

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Questions
Ken Weiss, P.E., BCEEERM350 Eagleview
BlvdExton, PA 19341610-524-3897ken.weiss_at_erm.co
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