Is CO2 a Regulated Pollutant for PSD purposes? Not for the Next 28 Days, At Least

As we previously noted, the recent Environmental Appeals Board decision in the Deseret Power matter raised the possibility that CO2 and other greenhouse gases need to be considered in PSD reviews. On December 18, EPA Administrator Stephen Johnson issued an interpretation which concluded that GHG still do not need to be considered in PSD reviews.

Senator Boxer, not always known for her restraint, has already asked Attorney General Mukasey to reverse the interpretation, calling it “illegal.” Illegal or not, I’d guess that Senator Boxer will get her wish soon after January 20.

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