States Get Options On Greenhouse Gases

EPA issued guidance last week to state regulatory agencies on how they must reduce carbon dioxide emissions from major stationary sources such as power plants and petroleum refineries. The guidance advises a five-step process to determine the best available control technology (BACT) to cut CO₂ emissions from new and modified emission sources. EPA Assistant Administrator for Air & Radiation Gina McCarthy said in a telephone press conference that the agency is not setting a cap on emissions but is trying to ensure that facilities use the most cost-effective means to reduce emissions on a case-by-case basis. Industry organizations expressed deep concern that there will not be enough time to carry out the advised process by Jan. 2, 2011, when EPA’s CO₂ regulations go into effect. “EPA is railroading job-killing regulations onto states, localities, and America’s businesses … without giving those affected adequate time to review, provide comments, or even implement the new regulations,” said Howard Feldman, director of regulatory and scientific affairs for the industry group American Petroleum Institute, in a statement.