Gov. Quinn Signs Order Establishing Illinois Coastal Management Program

Governor Pat Quinn recently signed an Executive Order establishing the Illinois Coastal Management Program within the Illinois Department of Natural Resources.  According to a DNR press release, "through the federally-funded program, Illinois will receive $2 million annually from the National Oceanic and Atmospheric Administration (NOAA) to improve the northeast Illinois economy and create jobs by protecting the state’s coastal resources along Lake Michigan. . . . The program will be fully funded with federal dollars, which will be used to restore threatened habitats and to 'green' harbors on Lake Michigan.  It will also help municipalities develop plans to restore and sustain shorelines.

"Some of the ICMP’s goals include: supporting local, state and federal partnerships as agencies work to manage coastal resources; developing strategies to mitigate and adapt to climate change; developing long-term solutions to address toxins and invasive species; working to expand the use of green infrastructure to control storm water, promoting groundwater recharge and reduce flooding; and helping communities identify opportunities for water-related economic development."

More information can be found on the Illinois Coastal Management Program's website.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

EPA and NHTSA Announce Intent to Regulate Greenhouse Gas Emissions from Light-Duty Vehicles for Model Years 2017-2025

The U.S. Environmental Protection Agency and the National Highway Traffic Safety Administration recently published in the Federal Register a joint notice describing in broad terms their work on a National Program to improve fuel efficiency and to reduce greenhouse gas emissions of light-duty vehicles for model years 2017-2025.  The term "light-duty vehicles" includes passenger cars, light-duty trucks, and medium-duty passenger vehicles.  This Notice builds upon the agencies' prior notice earlier this year for fuel economy and greenhouse gas emissions standards for model years 2012-2016, reported on in this blog here.

The agencies "performed an initial assessment of potential stringencies with annual reductions in the range of 3 to 6% per year, or 47 to 62 mpg-equivalent in 2025, which demonstrates that substantial reductions in fuel consumption and GHGs can be achieved with the use of advanced technologies.  EPA and NHTSA emphasize that this is an initial assessment, and significant data and additional analysis will be done to support the future joint Federal rulemaking.  EPA and NHTSA will continue to meet with stakeholders and assess new technical information as we develop the new proposed program.  Over the next two months, EPA and NHTSA will work to update our analysis of potential standards for 2017–2025. EPA and NHTSA will work closely with [the California Air Resources Board] in developing and reviewing additional technical data and information as part of conducting this more refined joint analysis."

EPA and NHTSA expect to issue, by the end of November 2010, a Supplemental Notice of Intent that will
outline additional details regarding the design of a National Program, including a more refined analysis of potential scenarios for model years 2017–2025 standards for GHGs and fuel economy.  The agencies expect to issue a joint proposed rulemaking by September 30, 2011 and to issue a final rule by July 31, 2012.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Deferring to Illinois EPA, Environmental Appeals Board Rules That PSD Permits Are Not Required to Regulate Greenhouse Gas Emissions

U.S. EPA's Environmental Appeals Board recently issued an interesting decision concerning greenhouse gas requirements of air permits in the case of In re: Power Holdings of Illinois, LLC, PSD Appeal No. 09-04.  This case involves a petition for review filed by the Sierra Club challenging certain conditions of a prevention of significant deterioration (“PSD”) permit issued by the Illinois Environmental Protection Agency, under delegated federal authority, to Power Holdings of Illinois, LLC for construction of a synthetic natural gas (“SNG”) manufacturing plant in Jefferson County, Illinois.

The Sierra Club raised three issues on which it sought review.  The first two issues were: (1) the permit fails to include a flare minimization plan as part of the final permit and allows Power Holdings to develop such a plan without full public participation; (2) the permit allows SNG or natural gas to be used to fire “superheaters” at the plant without addressing emissions associated with the manufacture of SNG.  The Appeals Board rejected the Sierra Club's challenge on these two issues.  The Board first held that the flare minimization plan supplements other permit requirements and properly requires Power Holdings to develop methods to reduce emissions from flaring events based on actual operating experience.  The Board then held that Sierra Club failed to demonstrate the presence of collateral environmental impacts that would justify eliminating SNG as a fuel for the superheaters.

The third issue raised by Sierra Club was that the permit failed to regulate greenhouse gases (carbon dioxide and methane), and thus violated a State emissions limitation at Ill. Admin. Code tit. 35 § 201.141 incorporated into Illinois’ approved state implementation plan (“SIP”).  Section 201.141 provides, in part, as follows:

"No person shall cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as, either alone or in combination with contaminants from other sources, to cause or tend to cause air pollution in Illinois . . . ."

According to Sierra Club, greenhouse gases constitute "contaminants" causing or contributing to "air pollution" under Section 201.141.  However, the Illinois EPA disagreed and made clear to the Board that it does not interpret Section 201.141 as requiring regulation of greenhouse gas emissions.  The Board deferred to Illinois EPA's interpretation and rejected Sierra Club's argument:

"Because the State of Illinois has interpreted the disputed provision of its state SIP as inapplicable to greenhouse gases, and because this interpretation does not strike the Board as so unreasonable as to not be entitled to the substantial deference afforded state interpretations of their own laws, the Board declines to substitute its judgment for that of the IEPA in this instance.  Review is therefore denied on this issue."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

EPA and NHTSA Establish New Standards For Light-Duty Vehicles To Reduce Greenhouse Gas Emissions

On May 7, 2010, U.S. Environmental Protection Agency and National Highway Traffic Safety Administration published in the Federal Register a Final Rule to establish a national program consisting of new standards for light-duty vehicles to reduce greenhouse gas emissions and improve fuel economy.  These standards apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles, covering model years 2012 through 2016.  One of the purposes of the rule is to allow automobile manufacturers to build a single light-duty national fleet that satisfies all requirements under both programs while ensuring that consumers still have a full range of vehicle choices.

EPA and NHTSA established two separate sets of standards, each under its respective statutory authorities.  EPA set national carbon dioxide emissions standards for light-duty vehicles under the Clean Air Act.  These standards will require these vehicles to meet an estimated combined average emissions level of 250 grams/mile of carbon dioxide in model year 2016.  NHTSA set Corporate Average Fuel Economy ("CAFE") standards for passenger cars and light trucks.  These standards will require manufacturers of those vehicles to meet an estimated combined average fuel economy level of 34.1 mpg in model year 2016.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Advisory Group Makes Recommendations for Midwestern Cap-And-Trade Program

On May 7, 2010, the Advisory Group of the Midwestern Greenhouse Gas Reduction Accord issued its final recommendations for the establishment of targets for emissions reductions in the region and for the design of a regional cap-and-trade program.  Here are some of the highlights:

(1) Greenhouse Gas Emission Reduction Target:  In general, the Advisory Group recommended a target of 20% below 2005 levels by 2020 and an 80% reduction below 2005 levels by 2050.

(2) Types of Sectors Covered: Electricity generation and imports to the region, industrial combustion sources, industrial process sources provided that credible measurement and monitoring protocols exist or can be developed, fuels serving residential, commercial, and industrial buildings not otherwise covered, and transportation fuels.

(3) Greenhouse Gases Covered: Carbon dioxide, methane, nitrous oxide, hydro-fluorocarbons,  perfluorocarbons, and sulfur hexafluoride.

(4) Threshold for Coverage: Entities with annual emissions of 25,000 metric tons or more shall be subject to the program, provided that electric generating units with a capacity of less than 25 megawatts should be exempt and combustion units that burn 100% biomass should be exempt for carbon dioxide emissions only.  Annual emissions shall be calculated using a three-year rolling average.

(5) Auctions and Allowances: The Advisory Group recommends a hybrid approach to allowance distribution.  It should combine auctions to provide a robust allowance market with price discovery and sufficient liquidity, as well as funding for needed programs, together with allocations to covered entities at modest fixed fees to limit allowance cost and volatility risks and also to provide additional funding for climate-related purposes.  This hybrid approach should apply during the first three compliance periods, after which a transition to full auction of allowances should take place within the following three compliance periods.

(6) Offsets: The Advisory Group recommends that participating jurisdictions develop an offset component as part of the cap-and-trade program.

(7) Mandatory Emissions Reporting: Mandatory reporting of emissions for the six families of greenhouse gases included under the cap will commence one year before the program start date, with data collection beginning two years before the start date.

(8) Starting Date: The first compliance period for the cap-and-trade program will start at the beginning of the first calendar year at least 12 months subsequent to execution of an implementation Memorandum of Understanding among participating jurisdictions.

Click here to see the Advisory Group's Final Model Rule that accompanied the recommendations.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Senators Kerry and Lieberman Unveil New Climate Change and Energy Bill

On May 12th, Senators John Kerry and Joe Lieberman introduced their climate change and energy bill, entitled "The American Power Act."  The bill's goal is to reduce carbon pollution by 17% by 2020 and by over 80% in 2050, and the bill attempts to achieve this goal through cap-and-trade and support for domestic energy.  That's right, not just alternative energy, but also other forms of domestic energy, including coal, natural gas, and nuclear.  The bill calls for major investments in research and development, as well as new infrastructure. 

For example, the bill calls for the Nuclear Regulatory Agency to make recommendations for procedures that would expedite the licensing process for new nuclear reactors.  The bill calls for funding of programs for the development and deployment of carbon capture, sequestration, and conversion technologies.  The bill also calls for a national transportation low-emission energy plan that projects the near- and long-term need for and location of electric drive refueling infrastructure and identifies infrastructure and standardization needs of electricity providers, vehicle manufacturers, and electricity purchasers.

The bill would also provide a national cap-and-trade program for the reduction of greenhouse gases (existing programs run by the states would be preempted).  Essentially, the bill would establish an annual tonnage limit (25,000 tons) on greenhouse gas emissions from specified activities.  If covered entities cannot meet that limit, they would be able to purchase emission credits (at an auction) or get offset credits (for specified eligible activities).

Although a climate change bill has been on President Obama's agenda for some time, Congress has never really come close to passing one (because of lack of support by some on both sides of the aisle).  But many hoped that this bill had a good chance to pass, because it had bipartisan support--Republican Senator Lindsey Graham had been one of the original co-sponsors.  But Senator Graham dropped his support recently over a spat concerning immigration reform.  We'll keep a close eye on where this bill goes.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

EPA Reports that U.S. Greenhouse Gas Emissions Rose 14% from 1990 to 2008

U.S. EPA has released its global warming document entitled "Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990 – 2008."  In this document, EPA reported on domestic greenhouse gas emissions:

"In 2008, total U.S. greenhouse gas emissions were 6,946.1 Tg CO2 Eq. Overall, total U.S. emissions have risen by 14 percent from 1990 to 2008.  Emissions declined from 2007 to 2008, decreasing by 2.9 percent (206.1 Tg CO2 Eq.).  This decrease is primarily a result of a decrease in demand for transportation fuels associated with the record high costs of these fuels that occurred in 2008.  Additionally, electricity demand declined in 2008 in part due to a significant increase in the cost of fuels used to generate electricity.  In 2008, temperatures were cooler in the United States than in 2007, both in the summer and the winter.  This lead to an increase in heating related energy demand in the winter, however, much of this increase was offset by a decrease in cooling related electricity demand in the summer."

According to EPA, the "primary greenhouse gas emitted by human activities in the United States was CO2, representing approximately 85.0 percent of total greenhouse gas emissions.  The largest source of CO2, and of overall greenhouse gas emissions, was fossil fuel combustion."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

U.S. EPA Awards Chicago $500,000 To Reduce Energy Use By Hospitals

The U.S. Environmental Protection Agency recently announced that the City of Chicago will receive a $500,000 federal grant to reduce energy use by hospitals as one of 20 Climate Showcase Communities nationwide.

Chicago has partnered with Health Care Without Harm to create the Chicago Green Healthcare Initiative.  According to Chicago’s Comprehensive Climate Action Plan, energy use by hospitals and other buildings is one of the primary contributors to the city’s greenhouse gas emissions.

The partnership will use EPA funds to help 22 hospitals reduce energy use by 5 to 10 percent and will provide educational assistance to a total of 111 hospitals to help improve their energy efficiency.  Typically, hospitals increase energy use 1 to 3 percent annually.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Climate Change Seminar at Chicago Bar Association

On March 17, 2010, I will present a climate change seminar entitled "Greenhouse Gas Regulations: Advising Clients in an Uncertain Legal Environment".  I will present this seminar as part of the "Hot Topics in Environmental Law" program, which will take place from 3:00 pm to 6:00 pm at the Chicago Bar Association, 321 South Plymouth Court, Chicago, IL 60604.

My seminar will address recent developments regarding greenhouse gas regulations, including the U.S. Environmental Protection Agency's endangerment findings and mandatory reporting requirements.  I will discuss the uncertain legal environmental caused by Congressional inaction on climate change legislation and will provide guidance on what businesses should be doing to prepare for present and future regulation.

You can find more information and register for the program through this link to the Chicago Bar Association.  I hope to see you there!

U.S. Representatives Introduce Bill to Prohibit Regulation of Greenhouse Gases Under Clean Air Act

As recently reported on this blog, members of the U.S. Senate introduced a resolution disapproving U.S. EPA's endangerment finding that greenhouse gases pose a threat to human health and welfare.  On February 2nd, members of the U.S. House of Representatives introduced legislation that would prohibit U.S. EPA from regulating greenhouse gases under the Clean Air Act:

"SECTION 1. GREENHOUSE GAS REGULATION UNDER CLEAN AIR ACT.

Section 302(g) of the Clean Air Act (42 U.S.C. 7602(g)) is amended by adding the following at the end thereof: `The term `air pollutant' shall not include any of the following solely on the basis of its effect on global climate change:

`(1) Carbon dioxide.
`(2) Methane.
`(3) Nitrous oxide.
`(4) Hydrofluorocarbons.
`(5) Perfluorocarbons.
`(6) Sulfur hexafluoride.'."

The bill was introduced by Representative Ike Skelton (D-Missouri) and co-sponsored by Representatives Jo Ann Emerson (R-Missouri) and Collin Peterson (D-Minnesota).

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

Securities & Exchange Commission Issues Climate Change Disclosure Guidance

On February 8th, the Securities and Exchange Commission published in the Federal Register a final rule entitled "Commission Guidance Regarding Disclosure Related to Climate Change".  This document provides guidance to public companies on what climate-change related matters must be disclosed to the public under SEC's existing disclosure requirements.

Depending on the facts and circumstances of a particular company, the SEC states that its disclosure rules may be triggered by climate change matters, including:

(1) The impact of federal and state legislation and regulations on the company's business, including legislation and regulations that are "pending" (meaning not yet passed into law);

(2) The impact of international treaties or accords, such as the Kyoto Protocol, that may impact a company's business;

(3) The impact of indirect consequences of regulation or business trends, such as a decreased (or increased) demand for certain goods and services, that may impact a company's business; and

(4) Physical impacts of climate change, weather severity, sea levels, the arability of farmland, and water availability and quality, that may impact a company's business.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

President Obama Requests $10 Billion for EPA for 2011

Today, the Obama administration issued its 2011 budget proposal, which included $10.020 billion in discretionary budget authority for the U.S. Environmental Protection Agency.  Highlights of EPA's budget include:

--$1.3 billion "to address Superfund sites that may be releasing harmful or toxic substances into the surrounding community."

--$215 million "to clean up abandoned or underused industrial and commercial sites that are available for alternative uses but where redevelopment may be complicated by the presence of environmental contaminants."

--$27 million for EPA’s new Healthy Communities Initiative, which "will address community water priorities; promote clean, green, and healthy schools; improve air toxics monitoring in at-risk communities; and encourage sustainability by helping to ensure that policies and spending at the national level do not adversely affect the environment and public health or disproportionally harm disadvantaged communities."

--$60 million "to support state efforts to implement updated National Ambient Air Quality Standards (NAAQS)."

--$1.3 billion for state and tribal grants to help "implement new and expanded requirements under the Clean Air Act and Clean Water Act."

--"$43 million for additional efforts to address climate change and work toward a clean energy future.  EPA will implement the greenhouse gas reporting rule; provide technical assistance to ensure that any permitting under the Clean Air Act will be manageable; perform regulatory work for the largest stationary sources of greenhouse gas emissions; develop standards for mobile sources such as cars and trucks; and continue research of carbon capture and sequestration technologies."

--$300 million for the Great Lakes Restoration Initiative "for programs and projects strategically chosen to target the most significant environmental problems in the Great Lakes ecosystem."

--$3.3 billion "to maintain and improve outdated water infrastructure and keep our wastewater and drinking water clean and safe."

--$56 million "for chemical assessment and risk review to ensure that no unreasonable risks are posed by new or existing chemicals."

--$8 million "for environmental justice programs.  It targets increased brownfields investments to under-served and economically disadvantaged neighborhoods, and proposes $9 million for community water priorities in the Healthy Communities Initiative, funds that will help under-served communities restore urban waterways and address water quality challenges."

EPA's $10.020 billion request for 2011 is down from the $10.5 billion requested for 2010.  Congress enacted a $10.3 billion budget for EPA for FY2010.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

President Obama Renews Call for Clean Energy and Climate Change Legislation

After last night's State of the Union Address, there should be no doubt that President Obama is going to stay the course on his agenda.  He renewed his call for Congress to pass clean energy and climate change legislation:

"Next, we need to encourage American innovation. Last year, we made the largest investment in basic research funding in history -– (applause) -- an investment that could lead to the world's cheapest solar cells or treatment that kills cancer cells but leaves healthy ones untouched. And no area is more ripe for such innovation than energy. You can see the results of last year's investments in clean energy -– in the North Carolina company that will create 1,200 jobs nationwide helping to make advanced batteries; or in the California business that will put a thousand people to work making solar panels.

"But to create more of these clean energy jobs, we need more production, more efficiency, more incentives. And that means building a new generation of safe, clean nuclear power plants in this country. (Applause.) It means making tough decisions about opening new offshore areas for oil and gas development. (Applause.) It means continued investment in advanced biofuels and clean coal technologies. (Applause.) And, yes, it means passing a comprehensive energy and climate bill with incentives that will finally make clean energy the profitable kind of energy in America. (Applause.)

"I am grateful to the House for passing such a bill last year. (Applause.) And this year I'm eager to help advance the bipartisan effort in the Senate. (Applause.)

"I know there have been questions about whether we can afford such changes in a tough economy. I know that there are those who disagree with the overwhelming scientific evidence on climate change. But here's the thing -- even if you doubt the evidence, providing incentives for energy-efficiency and clean energy are the right thing to do for our future -– because the nation that leads the clean energy economy will be the nation that leads the global economy. And America must be that nation. (Applause.)"

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

U.S. Senators Introduce Resolution Disapproving EPA's Endangerment Finding on Greenhouse Gases

Ever since the election of Senator-Elect Scott Brown in Massachusetts (and the loss of the Democratic supermajority in the Senate), people have been asking if climate change legislation will be passed by Congress anytime soon.  According to a recent column in the Chicago Tribune, even the chief executive of Exelon Corp. "admitted last week that his cherished cap-and-trade plan for cutting carbon emissions has encountered 'serious trouble.'

As I have reported on this blog, U.S. EPA may decide to implement a plan by itself, based on its endangerment finding that greenhouse gases pose a threat to human health and welfare.  However, to block such a plan by EPA, several senators recently introduced a resolution, S.J. Res. 26, to disapprove the endangerment finding:

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Environmental Protection Agency relating to the endangerment finding and the cause or contribute findings for greenhouse gases under section 202(a) of the Clean Air Act (published at 74 Fed. Reg. 66496 (December 15, 2009)), and such rule shall have no force or effect."

The resolution was introduced by Senator Lisa Murkowski (Republican-Alaska) and has 39 co-sponsors including two Democrats (Senators Ben Nelson from Nebraska and Mary Landrieu from Louisiana).

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

EPA Administrator Says U.S. is Obligated to Reduce Greenhouse Pollutants under the Clean Air Act

On December 9, 2009, in a speech to the United Nations Climate Change Conference in Copenhagen, Denmark, U.S. EPA Administrator Lisa Jackson signaled that the EPA intends to use its recent endangerment findings to regulate greenhouse gas emissions.

In her speech, Administrator Jackson stated that "I’m proud to say that – hours before I stepped on the plane to come here, I announced EPA’s finalized endangerment finding that greenhouse gases pose a threat to our health and welfare."  On December 7, 2009, the Administrator signed two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act:

"Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed greenhouse gases--carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)--in the atmosphere threaten the public health and welfare of current and future generations.

"Cause or Contribute Finding: The Administrator finds that the combined emissions of these well-mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare."

Although the endangerment findings do not, by themselves, regulate greenhouse gas emissions, Administrator Jackson said in her speech in Copenhagen that "[b]y taking action and finalizing the endangerment finding on greenhouse gas pollution, we have been authorized and obligated to take reasonable efforts to reduce greenhouse pollutants under the Clean Air Act."

The first step in those efforts, according to Administrator Jackson, will be to attempt to work with Congress to pass "clean energy reform":

"And when we return home, we will work closely with our Congress to pass comprehensive clean energy reform through the U.S. Congress – reform that will promote clean energy investments and lower U.S. greenhouse gas emissions by more than 80 percent below current levels by 2050.  A strong program of reforms and incentives can help the market get to work – making clean energy the profitable kind of energy. Once legislation is passed, we’re betting on our entrepreneurs, innovators, and workers to accelerate the pace of clean energy development in the US and around the globe."

However, Administrator Jackson also seems to be signaling that, if the Congressional efforts fail, EPA is authorized and obligated to regulate greenhouse gas emissions on its own.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

University of Illinois Receives Grant From EPA to Study Carbon Sequestration

According to an article from the Chicago Tribune, the U.S. EPA awarded the University of Illinois approximately $900,000 in grant funds to study the possible environmental impact of the underground sequestration of carbon dioxide.

The theory of carbon sequestration is that carbon dioxide (a major greenhouse gas) can be captured at stationary sources, such as power plants, and injected underground for long-term storage.  With this grant from U.S. EPA, the University of Illinois plans to study whether injecting carbon dioxide could cause changes in pressure to groundwater aquifers.  Officials want to study whether carbon dioxide sequestration could cause saltwater to migrate from deeper groundwater and contaminate fresh water near the surface.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

U.S. EPA's Final Rule on Mandatory Reporting of Greenhouse Gases

On October 30th, U.S. EPA published a final rule requiring that certain facilities report their greenhouse gas emissions. 

Under the rule, suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of greenhouse emissions are required to submit annual reports to U.S. EPA.  It is estimated that about 10,000 facilities are covered by the rule.  The gases covered by the rule are carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and other fluorinated gases including nitrogen trifluoride and hydrofluorinated ethers.  Facilities subject to this rule must begin collecting data on January 1, 2010.  The first annual report is due on March 31, 2011, for greenhouse gases emitted or products supplied during 2010.

U.S. EPA has placed additional information and training materials concerning this rule on its website (click here).

Although this rule does not, by itself, control or regulate greenhouse gases, it is clear that U.S. EPA will use this information to further regulate greenhouse gases in the future.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

US EPA Proposes Rule Limiting Reach of Greenhouse Gas Regulations

Today, U.S. EPA published a proposed rule in the Federal Register (the "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule") that addresses which companies will be affected by the regulation of greenhouse gases in the near future.

In March 2010, U.S. EPA expects to finalize and promulgate its light-duty motor vehicle rule, which will control greenhouse gas emissions from certain mobile sources.  But the light-duty motor vehicle rule will have a very significant impact--it will trigger the application of Clean Air Act permitting requirements for stationary sources that emit greenhouse gases.  This is a significant trigger because millions of small sources of pollution could have been subject to stringent new permitting requirements.  To prevent the administrative and regulatory nightmare that would occur if all of these small sources were subject to new requirements, U.S. EPA today proposed a tailoring rule that would limit and phase-in the trigger.

The new proposed rule is complex and there is insufficient room in this blog to fully analyze the implications.  But, in a nutshell, any facility that emits greenhouse gases above the proposed threshold of 25,000 tons per year on a "carbon dioxide equivalent" (tpy CO2e) will be required to obtain new permits for any new construction or major modification.  This first phase would last six years.  Within five years of the publishing of the final version of the tailoring rule, EPA would conduct a study of the administration of the permitting issues.  Then, U.S. EPA would conduct another rulemaking, to be completed by the end of the sixth year, that would promulgate, as the second phase, revised thresholds for the permitting requirements.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.

International Day of Climate Action

Today is the International Day of Climate Action.  Environmental groups from around the globe are organizing events to gain support for an international climate change treaty.  Their goal is to bring down the concentration of carbon dioxide (CO2) in the atmosphere to 350 parts per million.  This is what some scientists are now saying is the safe upper limit for CO2 in our atmosphere.  You can read more about the International Day of Climate Action here.

There are several events going on in Illinois.  For example, Benedictine University's Club 350 will be staging a human “350” that on the turf of the Village of Lisle-Benedictine University Sports Complex football field after the game between Benedictine and Lakeland College.  Other environmentally-friendly activities are being organized at Benedictine around the theme, “Green Halloween,” including a clean-up of Lake St. Benedictine.

Please click here for a list of all of the events happening in Illinois.

Stay tuned to the Illinois Environmental Law Blog for more news and developments.