Revitalizing Greenhouse Gas Permitting Inside a Biden EPA

7 Pages Posted: 1 Apr 2021 Last revised: 13 May 2021

See all articles by Matt Haber

Matt Haber

Eastern Research Group, Inc.

Seema M. Kakade

University of Maryland Francis King Carey School of Law

Date Written: March 31, 2021

Abstract

The Clean Air Act’s (CAA’s) prevention of significant deterioration (PSD) permitting program provides an opportunity for the Biden Environmental Protection Agency (EPA) to make a rapid improvement on the implementation of existing greenhouse gas (GHG) regulation. EPA’s Tailoring Rule, in 2010, made the PSD permitting program applicable to GHGs for stationary sources of air pollution. However, since 2010, PSD permits, mostly issued by state environmental agencies, have required little actual control of GHGs, specifically carbon dioxide (CO2). The Biden EPA should conduct an annual review of CO2 technology options for stationary sources, establish a renewed commitment to review of specific draft permits, and strengthen the existing PSD permitting database. Such actions are straightforward steps to improving the existing PSD permitting program for GHGs.

Keywords: greenhouse gas, epa, clean air act, GHG, BACT, RACT, LAER, RBLC

Suggested Citation

Haber, Matt and Kakade, Seema M., Revitalizing Greenhouse Gas Permitting Inside a Biden EPA (March 31, 2021). 51 Environmental Law Reporter 10,384 (2021), U of Maryland Legal Studies Research Paper No. 2021-04, Available at SSRN: https://ssrn.com/abstract=3816938

Matt Haber

Eastern Research Group, Inc. ( email )

110 Hartwell Avenue
Lexington, MA 02421
United States

Seema M. Kakade (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
38
Abstract Views
340
PlumX Metrics