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GA EPD Issues GHG Permitting Policy to Address Supreme Court Action

On 07/10/14, GA EPD posted a memo discussing the agency’s policy with respect to the GHG Tailoring Rule and the U.S. Supreme Court’s recent ruling:

Key points: 

  • For biomass facilities, the July 20, 2014 deadline to begin actual construction (per the biogenic deferral) is no longer applicable.
  • For in-progress and new permitting actions, EPD will not implement GHG PSD permitting (for “non-anyway” sources) or GHG Title V permitting.
  • After the 11th Circuit U.S. Court of Appeals vacates the Tailoring Rule provisions:
    • Existing sources may apply to have GHG-related PSD requirements (for “non-anyway” sources) removed from their permits.
    • Existing sources required to have Title V permits solely due to GHGs may apply to become Title V minor.
  • EPD will continue to use the 75,000 ton/yr CO2e de minimis level for “anyway sources” for PSD GHG BACT purposes.

For questions regarding impact on issued permits or pending permitting actions, contact your EPS consultant.

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