Colorado greenhouse gas permitting
Effective Jan. 2, 2011, greenhouse gas became subject to regulation under the U.S. Environmental Protection Agency's Prevention of Significant Deterioration (PSD) “anyway” stationary sources.
As of July 1, 2011, any stationary source with the potential to emit more than 100,000 tons per year of equivalent carbon dioxide (CO2e) and 100 tons per year of greenhouse gases may be required to obtain a Title V Operating Permit and/or a PSD preconstruction permit.
Colorado incorporated the EPA’s Tailoring Rule revisions into Air Quality Control Commission Regulation 3 on Oct. 21, 2010.
On June 23, 2014, the U.S. Supreme Court issued its decision in Utility Air Regulatory Group v. EPA (Case No. 12-1146).
The court said the EPA may not treat greenhouse gases as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD or Title V permit.
The court also said that PSD permits that are otherwise required (based on emissions of other pollutants) may continue to require limitations on greenhouse gas emissions based on the application of Best Available Control Technology (BACT).
Report greenhouse gas emissions
Sources submitting Title V permit applications should identify the greenhouse gas major status as part of the application materials.
A permitting engineer may request additional greenhouse gas information as part of the permit application review.
Sources needn’t submit Air Pollutant Emission Notices (APENs), obtain construction permits or pay annual fees due solely to their greenhouse gas emissions unless a source is voluntarily requesting a synthetic minor construction permit for greenhouse gas.
Other APEN and permitting requirements may apply for non-greenhouse-gas pollutants, including criteria pollutants and hazardous air pollutants.
Emissions reporting requirements, including who's required to report and the types of emissions that require reporting
Definitions and guidance about which stationary sources must report emissions under the Prevention of Significant Deterioration (PSD) and/or Title V programs
Stationary sources determined to be major sources have the option to request synthetic minor construction permits for their greenhouse gas (GHG) emissions.
Guidance and fact sheets
Operating permits and the Greenhouse Gas Tailoring Rule (PS Memo 11-02)