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EPA Releases New Guidance on GHG Permitting of Biomass Facilities, While Congress Continues Efforts to Thwart Them

By Shannon Crawford posted 04-05-2011 12:22 PM

  
On Monday, March 14, 2011, EPA released new guidance on the permitting of GHG emissions from biomass facilities. This new guidance states that the use of biomass can be considered best available control technology for facilities that are required to obtain PSD permits for their GHG emissions under EPA’s Tailoring Rule.

On January 12, 2011, EPA announced a three year deferral of permitting of biogenic emissions under the tailoring rule. They plan on using this time to conduct further analysis on the effects of biogenic emissions to determine whether they should be considered a pollutant triggered by the Clean Air Act.

Effect on Solid Waste Operations

This change would defer the permitting of carbon dioxide emitted from the burning of landfill methane either in a flare, furnace or engine. However, EPA considers methane to be anthropogenic and the deferral would not apply to landfill methane emissions that exceed the thresholds. The guidance specifically states that waste-to-energy facilities would be responsible for permitting if their anthropogenic emissions reached the threshold.

Congress Continues Efforts to Stop EPA

With EPA forging ahead on the tailoring rule, Congress is continuing its fight to stop them. Most recently, on Tuesday, March 15, 2011, the House Committee on Energy and Commerce passed the Energy Tax Prevention Act of 2011, H.R. 910. This bill was introduced by Rep. Fred Upton (R-MI) on March 3. The bill would strip EPA of their ability to regulate greenhouse gases and would nullify the following EPA Regulations:
  • The Mandatory Greenhouse Gas Reporting Rule

  • The Endangerment Finding

  • The Tailoring Rule

  • The determination that the following gases are considered “air pollutants”: Water vapor, Carbon dioxide, Methane, Nitrous oxide, Sulfur hexafluoride, Hydrofluorocarbons and Perfluorocarbons.
This legislation would not have an effect on the light duty vehicle rule.

The following list is a summary of all the legislation that has been introduced by Congress this session.

Bill Number Title Sponsors Description
S 228 Defending America's Affordable Energy and Jobs Act Sen. John Barrasso (R-WY)
This bill would remove EPA’s authority to regulate greenhouse gases under the Clean Air Act, the Clean Water Act, the National Environmental Policy Act and the Endangered Species Act.
S 231 EPA Stationary Sources Regulations Suspension Act Sen. John Rockefeller (D-WV) A bill to suspend, until the end of the 2-year period beginning on the date of enactment of this Act, any Environmental Protection Agency action under the Clean Air Act with respect to carbon dioxide or methane pursuant to certain proceedings, other than with respect to motor vehicle emissions, and for other purposes.
HR 910 Energy Tax Prevention Act of 2011 Representative Fred Upton (R-MI) This bill would prevent EPA from regulating greenhouse gases by overturning both the endangerment finding and the ruling of the Supreme Court case Mass vs. EPA.
S 482 Energy Tax Prevention Act of 2011 Sen. James Inhofe (R-OK) This bill would prevent EPA from regulating greenhouse gases by overturning both the endangerment finding and the ruling of the Supreme Court case Mass vs. EPA.
HR 199 Protect America’s Energy and Manufacturing Jobs Act of 2011 Representative Shelly Moore Captio (R-WV)
This bill would delay any EPA rulemakings in regards to carbon dioxide or methane for a period of two years.
HR 153
Ensuring Affordable Energy Act Representative Ted Poe (R-TX) This bill would prevent federal funds from being used to implement GHG permitting.
HR 97 Free Industry Act Representative Marsha Blackburn (R-TN) This bill would amend the Clean Air Act to specify that carbon dioxide is not subject to the Act.
HR 1 Full-Year Continuing Appropriations Act, 2011 Harold Rogers (R-KY) This bill would bar EPA from regulating greenhouse gases, prevent the US from making contributions to the IPCC, and would prevent NOAA from creating a Climate Service.

SWANA will continue to monitor these developments and will provide members with updates as they occur.

More information on the EPA biomass-related actions is also available at http://www.epa.gov/nsr/actions.html#mar11.
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