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Industry Explores Exemption to Impending Greenhouse Limits

Date: June 8, 2010

Source: News Room

Quick on the heels of EPA's recently finalized greenhouse gas (GHG) "tailoring" rule are efforts by utility and other industry officials to find an exemption from Clean Air Act best available control technology (BACT) emission reduction requirements. One approach would revive an exemption for facilities that meet energy efficiency and other criteria. The GHG "tailoring" rule, which sets the thresholds for when facilities must begin installing BACT to control GHGs, will begin next year at facilities that emit 100,000 tons per year or more. However, there is still disagreement over what technology qualifies as BACT for GHGs. Industry is working on an exemption for facilities that meet several criteria for improving energy efficiency, protect against additional adverse impacts to the health of nearby communities, and if they employ only certifiably "clean" technologies. They argue that without some exemptions, companies would be reluctant to pursue environmentally beneficial projects simply because they would trigger BACT review.

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