Consideration of certain greenhouse gas emissions in determining requirements applicable to a stationary source of air pollution

EPA promulgated regulations, effective in 2011, requiring stationary sources that emit over threshold amounts of greenhouse gases to obtain construction and operation permits and requiring those sources to use BACT for greenhouse gas emissions. Greenhouse gases are gases, including carbon dioxide, that trap heat in the atmosphere. DNR promulgated corresponding rules. More recently, EPA modified its regulations by providing that, before July 21, 2014, carbon dioxide emissions from the burning or decomposition of organic material, other than fossil fuels, will not be counted toward the threshold for permitting because of greenhouse gas emissions or toward the requirement to use BACT. The modified federal regulation excludes from counting toward the threshold, for example, carbon dioxide emissions resulting from the decomposition of waste in a landfill, from burning gas derived from a landfill or manure digester, and from burning wood, wood waste, and other biomass.

This bill prohibits DNR from considering carbon dioxide emissions from the burning or decomposition of organic material, other than fossil fuels, in determining whether an air pollution construction permit or operation permit is required because of greenhouse gas emissions and in determining whether a stationary source is required to use BACT for greenhouse gas emissions, as long as this prohibition is consistent with federal law.