EPA Regulating CO2

The failure of the Administration to implement any CO2 legislation last year has paved the way for the EPA to control CO2 emissions under permit provisions of the Clean Air Act. Currently this will only affect the largest emitters in the refining and electrical generating sectors – new plants expected to emit over 100,000 tonnes CO2 equivalent or upgrades to plants that would result in an additional 75,000 tonnes CO2. Other facilities in these sectors may well be impacted once the EPA has drawn up and begun to implement a new emissions control strategy. This process could take as long as two to three years and, in the interim, states must decide how they handle expanding facilities. Current thinking is that many will require energy efficiency measures to be implemented – something that should be occurring regardless. One thing is sure, the political positioning and questioning of the EPA’s new powers will be hotly debated – ‘We will not allow the Administration to regulate what they have been unable to legislate.’ said Energy & Commerce Chairman Fred S. Upton (R-Mich).