Summary
Details
- The United States of America (USA)
Applies to major sources exceeding statutory thresholds.
Small emitters are typically excluded from PSD/Title V.
Deep dive
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What’s Required
GHG regulation under the CAA is implemented through multiple statutory pathways.
1. Section 111 – New Source Performance Standards (NSPS)
EPA establishes:
Standards for new and modified sources.
Emission performance rates.
Best System of Emission Reduction determinations.
Affected facilities must:
Install compliant control technologies.
Conduct performance testing.
Maintain monitoring systems.
Submit periodic compliance reports.
2. Prevention of Significant Deterioration (PSD)
Major new sources and major modifications must:
Obtain PSD permits.
Conduct Best Available Control Technology analysis.
Model air quality impacts.
Provide public notice.
Operating without a PSD permit is unlawful.
3. Title V Operating Permits
Major sources must:
Maintain comprehensive operating permits.
Include all applicable GHG requirements.
Certify compliance annually.
Title V violations trigger enforcement risk independent of emissions exceedance.
4. Section 202 – Mobile Source Standards
EPA sets GHG emission standards for light-duty and heavy-duty vehicles.
Manufacturers must:
Certify fleet compliance.
Conduct emissions testing.
Maintain records.
Non-compliant vehicles cannot be sold in U.S. commerce.
5. Monitoring, Reporting, and Recordkeeping
Facilities must:
Install Continuous Emissions Monitoring Systems where required.
Maintain deviation logs.
Submit periodic compliance certifications.
Failure to monitor is a standalone violation.
Important Deadlines
Clean Air Act was enacted in 1970; major amendments were made in 1990.
GHG regulation affirmed the 2007 Supreme Court decision.
Rule-specific compliance deadlines vary.
PSD permits are required before construction.
Current Status
In force. EPA continues issuing GHG performance standards. Litigation is common but does not suspend compliance unless court-ordered.
Penalties for Non-Compliance
Civil penalties exceeding $100,000 per day per violation (inflation-adjusted)
Injunctive relief.
Supplemental Environmental Projects.
Criminal prosecution for knowing violations.
Citizen suits.
Examples of Known Violations
Operating without a PSD permit.
Failure to install required control technology.
Exceeding emission limits.
False certification of compliance.
Resources
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