EPA Proposed Rule: Fugitive Emissions Count Toward PSD Significant Emissions Increase Thresholds

Introduction

Welcome to Richardson Law Firm PC, a leading law firm in the field of Environmental Law. Our team of highly skilled lawyers specializes in helping clients navigate complex environmental regulations and legal matters. In this article, we will discuss the EPA proposed rule regarding fugitive emissions and how it impacts the PSD significant emissions increase thresholds.

Understanding the EPA Proposed Rule

The Environmental Protection Agency (EPA) recently proposed a rule that aims to include fugitive emissions when determining if a source triggers the Prevention of Significant Deterioration (PSD) significant emissions increase thresholds. This proposed rule marks a significant shift in how the EPA regulates air pollution from industrial sources.

The Impact on Industrial Facilities

The EPA's proposed rule could have wide-ranging implications for industrial facilities across various sectors. Fugitive emissions, which refer to unintended or accidental emissions from equipment leaks or other sources, have traditionally not been considered when evaluating significant emissions increases. If the proposed rule is finalized, industrial facilities will need to factor in fugitive emissions when determining if their projects trigger the PSD thresholds.

Key Considerations for Industrial Facilities:

• Emission Monitoring: Industrial facilities will need to implement robust emission monitoring systems to accurately measure and report fugitive emissions. This may require investing in new technology and training personnel to ensure compliance.
• Record-Keeping and Reporting: The proposed rule would likely require increased record-keeping and reporting obligations for industrial facilities. Being able to demonstrate compliance with the new requirements will be crucial.
• Compliance Management: Industrial facilities will need to develop comprehensive compliance management strategies that address both point source emissions and fugitive emissions. This may involve revisiting existing pollution control measures and implementing additional controls as necessary.

Implications for Environmental Permitting

The EPA's proposed rule could also have implications for environmental permitting. If fugitive emissions are included in the calculation of significant emissions increases, it could lead to more projects being subject to enhanced review during the permitting process. This, in turn, may result in additional time and resources required to obtain environmental permits.

Challenges and Opposition

While the EPA's proposed rule aims to improve the accuracy and effectiveness of emissions assessments, it has faced some challenges and opposition from various stakeholders. Some argue that including fugitive emissions in the PSD thresholds could place an excessive burden on industrial facilities and hinder economic growth. Others believe that the proposed rule does not go far enough in addressing the full scope of fugitive emissions.

Conclusion

The EPA's proposed rule regarding fugitive emissions and the PSD significant emissions increase thresholds is a topic of significant importance in the field of Environmental Law. As a leading law firm in this area, Richardson Law Firm PC is committed to staying up-to-date with the latest developments in environmental regulations to provide our clients with the most accurate and comprehensive legal advice. If you have any questions or need assistance regarding the proposed rule, please don't hesitate to contact our team of experienced environmental lawyers.