• Skip to content
  • Skip to primary sidebar

liskow_lewis_white_new

future-focused

  • Team
  • Practices
  • Insights
  • Blogs
Blogs

EPA Announces January 2011 as Likely Date for Regulation of Greenhouse Gases Under PSD Program

04.07.10 | less than a minute

By Stephen Wiegand

EPA recently announced its position regarding the timing of the regulation of greenhouse gases under the Clean Air Act’s Prevention of Significant Deterioration (PSD) Program.

A PSD permit is required before a new industrial facility can be built or an existing facility can be modified in a way that significantly increases pollutant emissions. In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that greenhouse gases are “pollutants” under the Clean Air Act but left open the specific question of whether greenhouse gases could be regulated under the PSD Program. In December 2008, then-EPA Administrator Stephen Johnson issued a memorandum indicating that the PSD Program applies to pollutants that are subject to either an actual provision in the Clean Air Act or a regulation adopted by the EPA under the Act which requires actual control of emissions of that pollutant. However, pollutants such as carbon dioxide, for which EPA regulations only require monitoring and reporting, are not subject to PSD permitting.

In October 2009, new EPA Administrator Lisa Jackson announced that EPA would reconsider and accept public comment on the Johnson memorandum. On March 29, 2010, EPA announced its final decision regarding the reconsideration. Specifically, EPA determined that PSD permitting is not triggered for pollutants such as greenhouse gases until a final nationwide rule requires actual control of emissions of the pollutant. Thus, in the case of greenhouse gases, EPA announced that the PSD requirements will likely not be triggered until January 2, 2011, the date upon which EPA’s rule limiting the greenhouse gas emissions for cars and light trucks is expected to take effect.

For more information on the announcement, see the EPA New Source Review.

Primary Sidebar

Liskow & Lewis, APLC
Arrow Icon

future-focused

  • Baton Rouge
  • Houston
  • Lafayette
  • New Orleans
  • New York City
  • © 2026 Liskow & Lewis, APLC
  • Sitemap
  • Disclaimer
  • Employee Login
Site by
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Team
  • Practices
  • Insights
  • Blogs
  • Offices
  • Pro Bono
  • About Us
  • Careers
  • DEI
  • The Energy Law Blog
  • Gulf Coast Business Law Blog
  • The Maritime Law Blog