BEVERAGE AND TOBACCO PRODUCERS
If the Environmental Protection Agency (EPA) regulates greenhouse gases under
the Clean Air Act, a large number of buildings currently not regulated by EPA
would be subject to a number of costly and burdensome Clean Air Act Programs.
Beverage and tobacco producers do not escape the labyrinth.
As a result of their energy costs, beverage and tobacco producers 9,000 square
feet and greater emit enough CO2 to make them subject to Prevention of
Significant Deterioration (PSD) permitting requirements. All of the buildings in
this sector could be forced to obtain a PSD permit prior to new construction or
modifications to their buildings.1
PSD permits are costly, take months (or even years) to complete, and can require
the owner to install new, emissions-limiting control technologies. PSD could
deter new construction and new business in this country and would be yet
another blow to an economy that is already running on fumes.
The list does not end here, however. All of the buildings in this sector would also
have to obtain Title V operating permits from EPA one year from the date
greenhouse gases become regulated. These permits, a condition to operation,
can be challenged by anyone via citizen suit. It is conceivable that the issuance
of many Title V permits for CO2 will be held up while citizen suits are
adjudicated.
1
“A Regulatory Burden: The Compliance Dimension of Regulating CO2 as a Pollutant,” performed
for the U.S. Chamber of Commerce September 2008; Mark P. Mills, Strategic Advisor/Analyst.