EPA Climate Change Regulations

The Environmental Protection Agency regulates contributors to climate change by setting limits on greenhouse gas emissions. The Clean Air Act already limits other air pollutant emissions through various programs. Through modifications to the Clean Air Act, the EPA has three regulatory programs to handle climate change: The Prevention of Significant Deterioration (PSD) program regulates greenhouse gas (GHG) emissions from stationary sources, the EPA regulates mobile sources and the Clean Air Act now requires mandatory reporting of greenhouse gases with formal rulings.

Prevention of Significant Deterioration - Title V Operating Permits

• Under the Clean Air Act, newly constructed or significantly modified sources of air pollutants must comply with preventative measures, such as control technologies, to limit pollution emissions. Greenhouse gases such as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride have not been part of this program. However, as of Jan. 2, 2011 any new construction or modification to an emitting facility will need to identify Best Available Control Technology (BACT) to limit greenhouse gases if they emit 75,000 tons per year of carbon dioxide emissions (CO2e is an expression of the combined global warming potential of greenhouse gases). BACT for greenhouse gases is only triggered through the regulation of other air pollutants. This new rule will affect power plants, refineries and cement production facilities.

  Under Step 2 of the new program, from July 2011 any new construction with greenhouse gas emissions of 100,000 tons per year and any modification to a facility with 75,000 tons per year of CO2e will have to identify BACT. Step 2 is triggered by greenhouse gas emissions. Step 2 will affect solid waste landfills and industrial manufacturers.

  Existing facilities or those not making significant modifications will not need to identify BACT for greenhouse gases.

CAA Section 202(a) - Mobile Sources

• EPA estimates that cars, trucks and buses contribute 23 percent of the total U.S. annual greenhouse gas emissions.

  The Clean Air Act Section 202(a) grants the EPA the power to set standards for mobile sources that contribute air pollutants that endanger public health. In the early 1970s the EPA regulated the lead content of gasoline to improve public health. In 2009, the EPA began to classify greenhouse gases from mobile sources as air pollutants that endanger public health, specifically linking greenhouse gases to climate change. The EPA set mileage standards for passenger cars, light-duty trucks, medium-duty trucks and passenger vehicles. Beginning in model year 2012, these types of transportation must provide 35.5 miles per gallon, the equivalent of 250 grams of carbon per mile, to reduce climate change impacts.

Greenhouse Gas Reporting

• Effective Dec. 29, 2009, EPA mandated that all large sources of greenhouse gas emissions provide annual emission reports. A large source emits 25,000 metric tons or greenhouse gas emissions per year and includes all suppliers. The report must include emission quantities of carbon dioxide, methane, nitrous oxide and fluorinated greenhouse gases from all applicable sources, including individual sources, processes, activities and operations as well as the total quantity of greenhouse gases aggregated for suppliers. Reports must include any changes in emission calculation methods required by EPA and a description of the best available monitoring methods employed.