The EPA Interpretation Of CO2 Emissions

Law360, New York (December 30, 2008, 12:00 AM EST) -- On Dec. 18, 2008, the U.S. Environmental Protection Agency (“EPA”) released a memorandum establishing that carbon dioxide (“CO2”) is not a regulated pollutant subject to the federal Prevention of Significant Deterioration (“PSD”) program under the Clean Air Act (“CAA”). Memorandum from Stephen L. Johnson, Administrator, U.S. EPA, to Regional Administrators at 1 (Dec. 18, 2008) [hereinafter Johnson Memorandum].

Specifically, the Johnson memorandum clarifies that the definition of a “regulated NSR pollutant”: 1) excludes those pollutants for which EPA regulations only require monitoring or reporting, and 2)...
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