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EPA issues final rule on [CO.sub.2] emissions.

IN OCTOBER, THE EPA PROPOSED A NEW RULE TO TAILOR APPLICABILITY STANDARDS FOR GREENHOUSE GAS (GHG) emissions from stationary sources under the Prevention of Significant Deterioration (PSD) and Title V programs of the Clean Air Act. Stationary sources include any building or stationary facility that emits greenhouse gases. At current Clean Air Act standards (250 tons per year), sources such as small- to mid-sized office buildings, apartment buildings, schools, hospitals and other buildings could be subject to costly and burdensome permitting requirements.


The EPA proposed the rule in response to an April 2007 Supreme Court decision, in which the agency was directed to conduct tests as to whether or not green house gas emissions contribute to air pollution to an extent that it would endanger public health or welfare. In December 2009, the EPA identified six greenhouse gases that contribute to air pollution and may endanger public health, including carbon dioxide ([CO.sub.2]). This is known as the "endangerment finding."

In May, the EPA issued a final rule known as the Tailoring Rule to establish thresholds for GHG emissions, including [CO.sub.2]. The EPA will implement the new regulations using a phased-in approach. The first step will begin on January 2, 2011, and will apply only to emitters that fall under current Title V and PSD permitting requirements. The second step, beginning July 1, 2011, will phase in additional large sources of GHG emissions. New or existing sources that emit, or have the potential to emit, 100,000 tons per year will become subject to Title V and PSD permitting requirements.

The EPA plans to issue a supplemental notice of proposed rulemaking sometime in 2011, in which they will solicit comments regarding a third phase-in to include additional sources. Should the EPA decide to proceed with the third phase, it will begin July 1, 2013.

The Tailoring Rule includes a provision prohibiting the EPA from subjecting any source with emissions below 50,000 tons per year of [CO.sub.2] to PSD or Title V requirements until April 30, 2016. However, throughout the phasing in of the Tailoring Rule, the EPA will research streamlining techniques to make the permitting program more efficient, allowing for further expansion to even smaller sources of emissions.

The EPA published the final rule in the Federal Register on June 3, 2010.

IREM legislative staff will continue to track activity regarding any developments on the above topics on behalf of the commercial real estate industry.

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Title Annotation:IN SESSION; Evironmental Protection Agency
Comment:EPA issues final rule on [CO.sub.2] emissions.(IN SESSION)(Evironmental Protection Agency)
Publication:Journal of Property Management
Geographic Code:1USA
Date:Sep 1, 2010
Previous Article:EPA amends lead-related rule.
Next Article:IREM Public Policy webpage.

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