BACT, In The Future

Law360, New York (November 29, 2010, 1:16 PM EST) -- In her press conference announcing the release of the U.S. Environmental Protection Agency's long-awaited greenhouse gas permitting guidance, EPA Assistant Administrator Gina McCarthy repeatedly stated that this guidance is "nothing groundbreaking," and just applies the traditional best available control technology (BACT) process, and demonstrates that the "CAA can apply to GHG without breaking any barriers."

But the guidance and seven white papers issued along with it tell a different story. The white papers provide a first picture of what a GHG BACT analysis might entail. They...
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