EPA Announces Plans to Regulate Greenhouse Gases Under Clean Air Act

U.S. Environmental Protection Agency Administrator Lisa Jackson yesterday announced that the agency will not wait for Congress to act on regulating greenhouse gas emissions. In her announcement, Jackson stated that the EPA will take “significant steps” under the Clean Air Act to address greenhouse gas emissions.


Under the plan, industrial facilities, refiners, and power plants that emit at least 25,000 tons of GHGs a year would be required to obtain construction and operating permits. The permits would require the operator to demonstrate the use of best available control technologies and energy efficiency measures to minimize GHG emissions when facilities are constructed or significantly modified.

Business groups are extremely concerned about the EPA regulating GHG emissions under the Clean Air Act because that law limits the agency’s authority to take into consideration the costs of new regulations.

For more information from the EPA, see its Fact Sheet and Proposed Rule. Also see articles in the Wall Street Journal and NY Times  for more information.