ENV-14-32 Trends in Greenhouse Gas BACT Review

Description:

Federal regulations have required many industrial facilities to undergo best available control technology (“BACT”) review for greenhouse gas (“GHG”) emissions since January 2, 2011.1 Although the Supreme Court recently held that GHG emissions should not trigger permitting requirements under the federal Clean Air Act, the Court indicated that EPA could require sources already subject to permitting to apply BACT for GHG emissions.2 BACT review of GHG emissions has presented new questions not clearly answered by the historical approach to BACT for other types of air emissions. EPA’s initial guidance that addressed GHG BACT was general in nature, favoring energy efficiency in most contexts but noting that carbon capture and sequestration (“CCS”) should also be considered.3 This paper provides an overview of trends and lessons learned regarding GHG BACT for future applicants.