§ 52.22 Enforceable commitments for further actions addressing the pollutant greenhouse gases (GHGs).  


Latest version.
  • (a) Definitions. (1) Greenhouse Gases (GHGs) means the air pollutant as defined in §86.1818-12(a) of this chapter as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

    (2) All other terms used in this section shall have the meaning given in §52.21.

    (b) Further action to regulate GHGs under the PSD program.

    (1) Near term action on GHGs. The Administrator shall solicit comment, under section 307(b) of the Act, on promulgating lower GHGs thresholds for PSD applicability. Such action shall be finalized by July 1, 2012 and become effective July 1, 2013.

    (2) Further study and action on GHGs.

    (i) No later than April 30, 2015 the Administrator shall complete a study projecting the administrative burdens that remain with respect to stationary sources for which GHGs do not constitute a regulated NSR pollutant. Such study shall account, among other things, for permitting authorities ability to secure resources, hire and train staff; experiences associated with GHG permitting for new types of sources and technologies; and, the success of streamlining measures developed by EPA (and adopted by the states) for reducing the permitting burden associated with such stationary sources.

    (ii) Based on the results of the study described in paragraph (b)(2)(i) of this section, the Administrator shall propose a rule addressing the permitting obligations of such stationary sources under §52.21 and §51.166 of this chapter. The Administrator shall take final action on such a rule no later than April 30, 2016.

    (iii) Before completing the rule described in paragraph (b)(2)(ii) of this section, the Administrator shall take no action to make the pollutant GHGs subject to regulation at stationary sources that emit or have the potential to emit less than 50,000 tpy CO2e, or for physical changes or changes in the method of operations at stationary sources that result in an emissions increase of less than 50,000 tpy CO2e (as determined using the methodology described in §52.21(b)(49)(ii).)

    [75 FR 31607, June 3, 2010]