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| EPA's Tailoring Rule |
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| Written by Marlo Lewis | |
| Wednesday, 13 January 2010 | |
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For the Full Report in PDF Form, please click here.
[Illustrations, footnotes and references available in PDF version]
December 28, 2009 was the final day to submit
comments on the Environmental Protection Agency’s (EPA’s) proposed
Prevention of Significant Deterioration and Title V Greenhouse Gas
Tailoring Rule. This is the rulemaking in which EPA proposes to
“tailor” the Clean Air Act’s (CAA or Act’s) Prevention of Significant
Deterioration (PSD) pre-construction permitting program and Title V
operating permits program so that they can be applied to carbon dioxide
(CO2) and other greenhouse gases (GHGs) without spawning an
economically-chilling administrative morass.
The Tailoring Rule is an eye opener, because it reveals, or rather
confirms in spades, that the Supreme Court’s decision in Massachusetts
v. EPA has created an almost bottomless well of “absurd results” —
disastrous consequences that EPA can avoid only by poaching legislative
power and amending the Act.
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