EPA Clarifies Its Position On CO2 Regulation

Washington, D.C. (AHN) - Companies constructing new buildings and industrial facilities do not need to apply for federal permits for carbon dioxide and other greenhouse gases because the Environmental Protection Agency does not classify them as pollutants under the Clean Air Act, according to an EPA memo.

The document, dated Dec. 18 from EPA Administrator Stephen Johnson, states that the agency monitors CO2, but does not require controls on it or other greenhouse gases.

The electric power industry was quick to hail the interpretation put forth in the memo, saying it should put to rest any debate over whether the Clean Air Act classifies CO2 as a pollutant.

"Today, Administrator Johnson signed an important memorandum that brought some clarity to the question of whether carbon dioxide and other greenhouse gas emissions are already subject to regulations under the Clean Air Act. The answer is a well-reasoned no," Scott Segal, director of the Electric Reliability Coordinating Council, said in a statement.

Johnson's memo was released to clarify a recent EPA Appeals Board decision that "EPA actions are insufficient to establish a binding interpretation" over whether companies must obtain pollution-control permits, known as Prevention of Significant Deterioration, or PSD permits, for CO2 when constructing new buildings and facilities.

"The Board's decision has contributed to uncertainty regarding the scope of the PSD program," Johnson wrote in his memo.

Segal said the memo will save industries in all sectors of the U.S. economy time and money.

"A contrary result might have caused office and apartment buildings; schools and hospitals; and over 20 different industrial sectors to be subject to costly and inflexible permitting requirements," Segal said.