Quote:
Originally Posted by Gary Siete
What laws did they pass without going through Congress?  |
Regulation are rules and laws which have a penalty.
Lets see...
Just a few.
Recent ones.
2011
Proposed Deferral for CO2 emissions from Bioenergy and Other Biogenic Sources under the Prevention of Significant Deterioration (PSD) and Title V Programs and Guidance for Determining Best Available Control Technology for Reducing Carbon Dioxide Emissions from Bioenergy Production
March 11, 2011 - This proposed rule would defer, for a period of three years, greenhouse gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources. EPA is also making available a guidance document, Guidance for Determining Best Available Control Technology for Reducing Carbon Dioxide Emissions from Bioenergy Production, to assist facilities and permitting authorities with permitting decisions until the Proposed Rule is finalized.
A Public Hearing on this Proposed Rule will be held in Washington, DC.
- Registration and Logistical Details for Public Hearing (http://www.epa.gov/climatechange/emissions/deferralruleregister/deferral-rule-register.html - broken link)
Treatment of Fugitive Emissions in the New Source Review Permitting Program -
Interim Replacement Stay
March 8, 2011 - EPA issued an interim rule to stay a December 2008 rule known as " the Fugitive Emissions Rule." The Fugitive Emissions Rule established new provisions for how fugitive emissions, those that do not pass through a stack, chimney, vent, or other similar opening, should be treated for New Source Review permitting. This stay replaces the stay EPA issued on March 31, 2010, that was to be effective through October 3, 2011.
- Interim Rule (PDF) (http://www.epa.gov/NSR/documents/20110308ferule.pdf - broken link) (45pp, 99k)
- Fact Sheet (PDF) (3pp, 29k)
Greenhouse Gas Permitting Deferred
January 12, 2011 - EPA announces its plan to defer, for three years, greenhouse gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources.
Final Action to Ensure Authority to Issue Permits under the Prevention of Significant
Deterioration Program to Sources of Greenhouse Gas Emissions:
Federal Implementation Plan for Jefferson County, Kentucky
January 10, 2011 - EPA finds that the Louisville Metro Air Pollution Control District (LMAPCD) failed to submit a revised state implementation plan to cover GHG permitting for Jefferson County by their selected deadline (January 1, 2011) and is issuing a federal implementation plan (FIP) to giving EPA the authority to issue PSD permits for sources of GHG emissions in Jefferson County, KY until the LMAPCD submits a revised plan that is approved by EPA.
Public Hearing in Dallas Texas on Proposed Actions on Texas Permitting Programs
EPA will hold a public hearing on its proposed partial approval and disapproval of the Texas Prevention of Significant Deterioration State Implementation Plan and Federal Implementation Plan on January 14, 2011. The public hearing will be held at:
Crowne Plaza Hotel Dallas Downtown,
1015 Elm Street
Dallas, Texas
phone: (214) 742-5678.
The public hearing will convene at 10:00 a.m. and will end at 7:00 p.m. or until the last registered speaker has spoken.
If you would like to present oral testimony at the public hearing, please contact Pamela Long, no later than January 12, 2011. Contact information:
U.S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Air Quality Planning Division, (C504-03)
Research Triangle Park, NC 27711
telephone (919) 541-0641
fax number (919) 541-5509
e-mail address: long.pam@epa.gov (preferred method for registering)
Pre-Registered Speakers (PDF) (5pp, 35k)
2010
Clean Air Act Permitting for Greenhouse Gas Emissions
On December 23, 2010, the U.S. Environmental Protection Agency (EPA) issued a series of rules that put the necessary regulatory framework in place to ensure that 1) industrial facilities can get Clean Air Act permits covering their greenhouse gas (GHG) emissions when needed and 2) facilities emitting GHGs at levels below those established in the Tailoring Rule do not need to obtain Clean Air Act permits.
- Fact Sheet summarizing all six rules (PDF) (6pp, 70k)
- Rules Ensuring Authority to Permit GHGs under the PSD Program
- Findings of Failure to Submit State Implementation Plan Changes for Seven States (PDF) (5pp, 152k) - Federal Register - Dec 29, 2010
- Final Greenhouse Gas Prevention of Significant Deterioration Federal Implementation Plan (PDF) (9pp, 174k) - Federal Register - Dec 30, 2010
- Interim Final Texas Greenhouse Gas Prevention of Significant Deterioration Error Correction, State Implementation Plan Partial Approval/Disapproval, and Federal Implementation (PDF) (32pp, 279k) - Federal Register - Dec 30, 2010
- Proposed Texas Greenhouse Gas Prevention of Significant Deterioration Error Correction, State Implementation Plan Partial Approval/Disapproval, and Federal Implementation (PDF) (6pp, 165k) - Federal Register - Dec 30, 2010
- Rules Focusing GHG Permitting Initially on the Largest Sources
December 1, 2010 - Final rule will require certain states to make changes to their state implementation plans to cover greenhouse gas (GHG) emissions in Clean Air Act permits.These changes will ensure that beginning in January 2011 GHG emissions sources can obtain permits.
Final Rule to Establish Increments, Significant Impact Levels and a Significant Monitoring Concentration for Fine Particle Pollution
September 29, 2010 - EPA has established key components for making PSD permitting determinations for fine particle pollution - increments, significant impact levels (SILs), and a significant monitoring concentration (SMC).
Public Hearing Notice
August 25, 2010 - EPA will hold a hearing on the proposed Federal Implementation Plan for Clean Air Act permitting of greenhouse gases on September 14, 2010 in Washington, DC.
Public Hearing Postponed
August 23, 2010 - EPA has postponed its public hearing on the proposed Federal Implementation Plan for Clean Air Act permitting of greenhouse gases. The hearing was scheduled to be held in Washington, DC on August 25, 2010. Details for the rescheduled hearing on our August 12, 2010 action will be published in the Federal Register and posted on this site. EPA will accept comments on this proposal for 30 days after the public hearing is held.
New Source Review and Ozone National Ambient Air Quality Standards
August 18, 2010 - EPA proposed a rule addressing issues related to when pre-construction permitting requirements under the New Source Review (NSR) permitting program would transition from the 1-hour to the 8-hour National Ambient Air Quality Standards for ozone.
Proposed Rules on Clean Air Act Permitting for Greenhouse Gas Emissions
August 12, 2010 - EPA proposed two rules to ensure that businesses planning to build new, large facilities or make major expansions to existing ones will be able to obtain New Source Review Prevention of Significant Deterioration (PSD) permits that address greenhouse gases (GHG).
Call for Information on Greenhouse Gas Emissions Associated with Bioenergy and Other Biogenic Sources
July 10, 2010 - EPA requests public comment and information from interested parties on approaches to accounting for greenhouse gas emissions from bioenergy and other biogenic sources. This information will be used to develop an approach for such emissions under the GHG Tailoring Rule.
Final GHG Tailoring Rule
May 13, 2010 - EPA sets greenhouse gas (GHG) emissions thresholds to define when permits under the New Source Review Prevention Significant Deterioration (PSD) and title V Operating Permit programs are required for new and existing industrial facilities.
Stay of Aggregation Rule
May 6, 2010 - EPA extended the effective date of the January 15, 2009 final rule that modified the New Source Review air permitting program’s policy on “Aggregation.”
Proposed Action on Aggregation Rule
March 29, 2010 - EPA is proposing to revoke a January 2009 rule that changed the way existing industrial facilities combine upcoming construction projects to determine if Clean Air Act permits are needed. EPA is concerned that these changes to its “aggregation policy” would make the agency’s New Source Review permitting program less effective.
Stay of Fugitive Emissions Rule for 18 Months
March 24, 2010 - EPA has stayed for 18 additional months, the rule establishing how fugitive emissions should be treated for New Source Review permitting. A previous stay will expire on March 30, 2010.
Proposal to Repeal the NSR Grandfathering Provision
February 4, 2010 - EPA proposed to repeal a portion of the rule implementing the New Source Review (NSR) permitting program for fine particle pollution. This part of the rule is known as “the grandfathering provision for PM2.5”.
Proposal to Stay Fugitive Emissions Rule for 18 Months
February 4, 2010 - EPA proposed to stay, for 18 additional months, the rule establishing how fugitive emissions should be treated for New Source Review permitting. The current stay will expire on March 30, 2010.
Approval and Promulgation of Wisconsin NSR Reform Regulations: Denial of Petition for Reconsideration
January 20, 2010 - EPA responded to a petition from the NRDC and Sierra Club. Their petition requested that EPA reconsider and stay of certain parts of the Wisconsin's SIP. After carefully reviewing the petition for reconsideration, EPA has denied it. EPA also denied NRDC's request for a stay of the final rule approving the Wisconsin state plan.
2009
Public Hearings
October 30, 2009 - EPA will hold two hearings on the Proposed Prevention of Significant Deterioration and title V Greenhouse Gas Tailoring Rule. The hearings will be in Arlington, VA on Wednesday November 18, 2009, and Rosemont, IL on Thursday November 19, 2009.
EPA proposes to focus first greenhouse gas permitting requirements on large industrial facilities
September 30, 2009 - EPA proposed new thresholds for greenhouse gas emissions (GHG) that define when Clean Air Act permits under the New Source Review and title V operating permits programs would be required. The proposed thresholds would tailor these permit programs to limit which facilities would be required to obtain permits and would cover nearly 70 percent of the nation’s largest stationary source GHG emitters—including power plants, refineries, and cement production facilities, while shielding small businesses and farms from permitting requirements.
Final Rule Facilitates the use of Flexible Air Permits
September 25, 2009 - Flexible air permits enable major air emissions sources to implement operational plans and make anticipated changes to these plans without further review and approval. These permits do not provide approval for operational changes outside the scope authorized in the initial permit and sources must still meet all Clean Air Act requirements that apply to them. Pilot studies have shown that flexible permitting approaches can minimize the need for permit revisions, provide significant economic benefits, encourage innovation, and increase public awareness -- all while ensuring equal or greater environmental protection.
EPA Stays the "Grandfathering" Provision for the PM2.5 NSR Permitting Rule for Nine Months
September 16, 2009 - EPA staying until June 22, 2010 the "grandfathering" provision for particulate mater less than 2.5 micrometers (PM2.5) requirements in the Federal Prevention of Significant Deterioration (PSD) program published in the Federal Register on May 16, 2008.
EPA requests comment on extending the 3-Month Administrative Stay of the "Grandfathering" Provision for the PM2.5 NSR Permitting Rule beyond September 1, 2009
July 16, 2009 - In this action, EPA is proposing to extend for an additional nine months the existing administrative stay of the "grandfathering" provision for particulate mater less than 2.5 micrometers (PM2.5) requirements in the Federal Prevention of Significant Deterioration (PSD) program published in the Federal Register on May 16, 2008.
EPA extends effective date of the aggregation rule for 1-year
May 8, 2009 - This final rule extends until May 18, 2010, the effective date of the January 12, 2009 aggregation rule. During this time, EPA will reconsider the final aggregation rule.
Granting of Petitions to Reconsider Aspects of the Reasonable Possibility, Fugitive Emissions and PM2.5 NSR Permitting Rules
April 24, 2009 - EPA notified petitioners of its intent to reconsider portions of three rules under its New Source Review (NSR) permitting program.
EPA requests comment on extending the effective date of the aggregation rule beyond May 18, 2009
March 13, 2009 - In this action, EPA is proposing an additional delay of the effective date of the NSR Aggregation Amendments and soliciting comment on the duration of this additional delay in order to allow for sufficient time to conduct the reconsideration proceeding.
EPA Reconsiders New Source Review Final Rule
February 9, 2009 - To allow further review of the January 15, 2009, final rule modifying the NSR air permitting program’s “aggregation” policy, EPA is extending the effective date of the rule. This action is in response to the White House’s January 20, 2009, and the Office of Management and Budget’s January 21, 2009, memoranda regarding regulatory review. EPA also will reconsider one or more of the aspects of this final rule raised by the Natural Resources Defense Council in a petition for reconsideration. To allow time for the review and the reconsideration, EPA will stay the effective date of this rule for 90 days, until May 18, 2009.
- Under Review -
Denial of Petitions to Reconsider Aspects of the PM2.5 NSR Requirements and Reasonable Possiblity Rule
January 15, 2009 - EPA has denied two petitions for reconsideration of two final rules under the New Source Review permitting program.
PM2.5 NSR Requirements Reasonable Possibility Rule
- Under Review -
Final Rule Defines Approach for Grouping Projects under the New Source Review Permitting Program
On January 12, 2009, EPA issued a final rule that revises the agency’s policy on “aggregation.” For the purpose of determining whether NSR applies, this rule directs facilities and permitting authorities to combine, or aggregate, emissions from plant modifications when those projects are related. Thus, total emissions for the related projects must be considered when permitting authorities determine whether NSR applies.
2008
EPA issues an interpretive memorandum entitled "EPA's Interpretation of Regulations That Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program."
December 23, 2008 - On December 18, 2008 the Administrator issued an interpretive memorandum entitled "EPA's Interpretation of Regulations That Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program."
EPA Finalizes Rule Reconsidering Inclusion of Fugitive Emissions
On December 10, 2008, EPA finalized revisions to the December 31, 2002 New Source Review (NSR) Improvement rules to change the requirements of the major NSR programs regarding the treatment of fugitive emissions.
EPA Issues Final Rules Governing the Implementation of NSR for Fine Particulate Matter
On May 8, 2008, the Environmental Protection Agency (EPA) issued final rules governing the implementation of the New Source Review (NSR) program for particulate matter less then 2.5 micrometers in diameter (PM2.5). PM2.5 also is known as fine particles. This rule finalizes several NSR program requirements for sources that emit PM2.5 and other pollutants that contribute to PM2.5
Treatment of Certain Ethanol Production Facilities Under the “Major Emitting Facility” Definition; Notice of Action Denying Petition for Reconsideration and Denying Request for Stay
April 24, 2008 - The EPA has responded to a petition for reconsideration of the final rule published May 1, 2007, entitled “Prevention of Significant Deterioration, Nonattainment New Source Review and Title V: Treatment of Certain Ethanol Production Facilities Under the ‘Major Emitting Facility’ Definition.” (“ethanol rule”) On July 2, 2007, EPA received a petition for reconsideration pursuant to 307(d)(7)(B) of the CAA from the Natural Resources Defense Council (“NRDC”). The NRDC petition also requested that EPA stay implementation of the final rule pending reconsideration of the rule. The NRDC petition for reconsideration can be found in the rulemaking docket under Docket ID No. EPA-HQ-OAR-2006-0089. The EPA considered the petition and the information in the rulemaking docket in reaching a decision on the petition. The EPA Administrator Stephen L. Johnson denied the petition for reconsideration and the request for a stay of the rule in a letter to the petitioner dated March 27, 2008. The letter documents EPA’s reasons for the denial and can be found in the rulemaking docket.
Redesignation of the Forest County Potawatomi Community Reservation to a PSD Class I Area
April 18, 2008 - The U.S. Environmental Protection Agency (EPA) issued a final rule that approves the Forest County Potawatomi Community’s (FCP Community) Tribal Council request to redesignate certain portions of the FCP Community Reservation as a non-Federal Class I area under the Clean Air Act (Act or CAA) program for the Prevention of Significant Deterioration of air quality. In separate notices also signed on April 18, 2008, EPA announces the resolution of intergovernmental disputes raised by the Governors of Wisconsin and Michigan in 1995 about EPA’s proposal to approve the request of the FCP Community to redesignate portions of its reservation as a non-Federal Class I area.
- Final Rule (PDF) (16pp, 252k) Federal Register, April 29, 2008
- Notice of Dispute Resolution (PDF) (5pp, 111k) Federal Register, April 29, 2008
- Notice of Dispute Resolution (PDF) (4pp, 94k) Federal Register, April 29, 2008
- Fact Sheet (PDF) (1pg, 565k)
2007
Rule Clarification Assures that New Source Review Program is Applied Appropriately
December 14, 2007 - EPA issues a final rule to clarify when facilities must keep records and report emissions when a “reasonable possibility” test shows that projected emissions increases could equal or exceed 50 percent of the Clean Air Act’s NSR significant levels for any pollutant. This rule does not change permitting requirements.
Reconsideration of the Inclusion of Fugitive Emissions
November 6, 2007 - EPA responded to a petition from the Newmont Mining Corporation requesting reconsideration of the New Source Review (NSR) Reform rules of 2002 by proposing to revise the way the December 2002 final rules treat fugitive emissions for purposes of determining whether a physical or operational change at an existing major source qualifies as a major modification.
EPA Proposes Measures to Address Direct Emissions of Fine Particulates
September 12, 2007 - EPA uses three key measures to determine if emissions of criteria pollutants will harm air quality: increments, significant impact level, and significant monitoring concentrations. The proposal presents options for how to calculate each of these measures for PM2.5.
Proposed Flexible Air Permitting Rule
August 28, 2007 - EPA proposed revisions to both the clean air operating permits (title V) and the new source review programs under the Clean Air Act. These proposed revisions would make more broadly available a new approach to air permitting known as a "flexible air permit."
EPA reopening of the public comment period
August 22, 2007 - EPA is announcing the reopening of the public comment period on our proposed amendments for the Prevention of Significant Deterioration New Source review: Refinements of Increment Modelling Procedures.
EPA extends public comment period to August 8, 2007
July 2, 2007 - Comment Period Extended for Supplemental Rule Proposing a Refined Emissions Test for Existing Power Plants.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Removal of Vacated Elements
June 5, 2007 - EPA removed provisions for pollution control projects (PCP) and clean units (CU) from its New Source Review (NSR) regulations. These provisions were part of EPA’s NSR improvement rule issued on December 31, 2002. On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit vacated the portions of the 2002 and 1992 NSR rules that pertained to CU and PCP.
Public Hearing for Supplemental Proposal Further Defining a Proposed Modification to the Emissions Test Used to Determine When NSR Applies to an Electric Generating Unit Announced
May 29, 2007 - EPA will hold a public hearing June 29, 2007 on proposed further modifications to the NSR applicability test for electric generating units. The public hearing will begin at 9 a.m., and continue until one hour after the last registered speaker has spoken. People wishing to present oral testimony must pre-register by 5:00 p.m. on June 28, 2007.
Proposed Clarifications and Modifications to Air Impact Modeling Procedures Used for the New Source Review Program
May 24, 2007 - This proposed rule would refine several aspects of the method that may be used to calculate how air emissions from a new or modified industrial facility might impact an area. The New Source Review permitting program is one of the tools EPA, state, tribal and local air pollution control agencies rely upon to control emissions growth.
New Source Review: EPA Proposes Refined Emissions Test to Improve Safety, Reliability, and Efficiency of Existing Power Plants
April 25, 2007 - This supplemental proposal further defines options to change the emissions increase test used to determine if the New Source Review (NSR) permitting program would apply when an existing power plant makes a physical or operational change.
Final Changes for Certain Ethanol Production Facilities Under Three Clean Air Act Permitting Programs
April 12, 2007 - This final action modifies the definition of a "chemical process plant" as it applies to three Clean Air Act permitting programs.
Proposed Rule for EPA's New Source Review Program: Reasonable Possibility In Recordkeeping
February 28, 2007 - This proposal seeks comment on two options for clarifying the "reasonable possibility" recordkeeping and reporting standard of the 2002 New Source Review (NSR) reform rules.
Final Rule to Revise Nonattainment New source Review Regulations: Appendix S
February 28, 2007 - This final rule updates the regulations that apply to the process for permitting new or modified industrial facilities in areas that do not meet EPA's health based national air quality standards for ground-level ozone and fine particle pollution. These areas are known as nonattainment areas.
EPA Reopens Comment Period on Proposed Federal Implementation Plan for Tribal Lands
January 31, 2007 - EPA is announcing a reopening of the public comment period on our proposed Federal Implementation Plan for Tribal Lands from January 19, 2007 to March 20, 2007.
2006
Federal Implementation Plan Under the Clean Air Act for Certain Trust Lands of the Forest County Potawatomi Community Reservation
December 11, 2006 - This federal plan would be used to implement a request from the Forest County Potawatomi Community to designate parts of its reservation as a "Class I Area. " Class I areas are areas set aside for the most stringent level of protection under the Prevention of Significant Deterioration program.
EPA Extends Comment Period on Proposed Federal Implementation Plan for Tribal Lands
October 24, 2006 - EPA is announcing an extension of the public comment period on our proposed Federal Implementation Plan for Tribal Lands from November 20, 2006 to January 19, 2007.
EPA to Hold Hearing on Proposed Steps to Improve New Source Review
October 18, 2006 - EPA will hold a public hearing Nov. 6, 2006 on proposed changes to simplify the process owners and operators of existing facilities must follow when determining whether plans to modify their facility would trigger NSR requirements. EPA proposed the changes September 8, 2006.
The public hearing will begin at 9 a.m., Monday, Nov. 6 and continue until one hour after the last registered speaker has spoken. People wishing to present oral testimony must pre-register by 5:00 p.m. on November 3, 2006.
EPA Proposes Steps to Improve New Source Review
September 8, 2006 - EPA is proposing to make three improvements to specific areas of the New Source Review (NSR) program. These improvements would apply to debottlenecking, aggregation, and project netting. These improvements would simplify the process owners and operators of existing facilities must follow when determining whether plans to modify their facility would trigger NSR requirements. This proposed rule covers the final set of recommendations from
EPA's 2002 Report to the President on NSR (PDF) (34pp, 155k). In that report, EPA, in consultation with other federal agencies, recommended a series of clarifications to the NSR program to improve investment in utility and refinery capacity.
EPA Proposes Federal Implementation Plan for Tribal Lands
August 9, 2006 - EPA is proposing to help protect air quality in areas under tribal jurisdiction, without slowing the areas' economic growth. The proposed plan, known as a Federal Implementation Plan, or "FIP," would require new industrial facilities and facilities making modifications to apply for air quality permits. These facilities have not previously been subject to air permitting requirements in Indian country.
Note: The comment period for this proposal has been reopened for an additional 60 days. The deadline for submitting comments is now March 20, 2007.
EPA Proposes to Change Air Permitting Requirements for Corn Milling Facilities
February 28, 2006 - EPA is proposing to apply the same air permitting requirements to facilities that produce corn ethanol for fuel and to those that produce corn ethanol for human consumption. EPA’s proposal would provide equal treatment for all corn milling facilities that produce ethanol. The Agency will
accept comments on this proposal for 60 days following publication in the Federal Register.
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