WDNR is Not Planning to Implement State-Specific Regulations on GHG Emissions to Replace the Provisions that EPA is No Longer Allowed to Enforce



A previous Trinity article summarizes the June 23, 2014, the Supreme Court ruling that the "Environmental Protection Agency (EPA) lacks the authority to require air quality permits from facilities based solely on their greenhouse gas (GHG) emissions". This ruling impacts the way the EPA can regulate GHG emissions on a federal level, but does not preclude states from regulating GHG emissions in state and local permits.

The Wisconsin Department of Natural Resources (WDNR) is not planning to implement state-specific regulations on GHG emissions to replace the provisions that the EPA is no longer allowed to enforce. While GHGs may still be regulated as a "tag along" pollutant if the facility is going to PSD for another pollutant, PSD cannot be triggered solely due to GHG emissions. The WDNR suggests that applicants avoid requesting a synthetic minor limit on GHG emission to avoid PSD during Title V permitting at this time as it is easier to add such a condition down the road (should another court ruling make it necessary) than to remove a synthetic minor condition already in place. For more information on current GHG permitting in Wisconsin, please contact Jon Frost, jfrost@trinityconsultants.com; (651) 275 9900.