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:
- For biomass facilities, the July 20, 2014 deadline to begin actual construction (per the biogenic deferral) is no longer applicable.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.