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Maine Businesses Request Changes to GHG Rules
Alert
11.22.2010
On November 18, representatives of Maine's business community requested that the Board of Environmental Protection (the "BEP") make revisions to Maine Department of Environmental Protection's ("Maine DEP") proposal to amend Maine's air regulations to add a definition of greenhouse gases ("GHGs") and CO2 equivalent emissions ("CO2e") that will allow Maine DEP to issue air licenses for GHG emissions. This proposal, if adopted, could affect all new air licenses and the existing licenses of virtually all major sources in Maine.
On behalf of the Industrial Consumers Group, Jeff Talbert of Preti Flaherty's Climate Strategy Group asked the BEP to revise the Amendments so that they are no more stringent than the equivalent federal requirements. The Maine Forest Products Council requested that biomass be exempt from the regulations due to its carbon neutrality.
As explained in our October 28, 2010 Environmental Alert, Maine DEP's Proposed Amendments to its Chapter 100 air regulations are similar in many respects to the requirements in EPA's Tailoring Rule (which requires facilities emitting over 100,000 tons of GHGs to obtain permits that would demonstrate they are using the best practices and technologies to minimize GHG emissions) -- but there are notable differences. Unlike the federal Tailoring Rule, Maine DEP's Proposed Amendments do not include a phase-in period. Moreover, the Maine rules require facilities to conduct a Best Available Control Technology ("BACT") analysis for new minor sources or Best Practical Treatment ("BPT") analysis for minor modifications which could also include GHGs after the amendments become effective.
At the November 18, 2010 BEP meeting, Maine DEP stated that it did not include the phase-in periods because it is not aware of any new sources that would trigger these requirements. Significantly, Maine DEP also stated that it does not intend to require a BACT analysis or BPT analysis for GHGs from minor sources or minor modifications.
The deadline for making written comments on the proposed amendments is November 29, 2010. If you have questions regarding this proposed rule or would like assistance making formal comments on the proposed rule, please contact Jeff Talbert or Steven Hudson with Preti Flaherty's Climate Strategy Group.