PSD and BACT

<p>S1. &nbsp;The BACT requirement applies to any “pollutant subject to regulation” under the Clean

Air Act. 42 U.S.C. § 7475(a)(4). With the mobile source standards now in place, six greenhouse

gases definitely are “subject to regulation,” and, thus, any new facility with the potential to emit

those pollutants above the statutory thresholds would be subject to the stringent control

requirements. The Clean Air Act provides generally for a 250 ton per year threshold for new

sources. With emissions of greenhouse gases several orders of magnitude greater than emissions

of conventional pollutants, even schools, apartment buildings, hospitals and farms could be

caught in the PSD permitting program. EPA estimates that as many as 40,000 sources could be

affected in the coming years, with industry estimating far greater numbers.</p>