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Jul 16, 2013

Ethanol and Other Biomass Plants No Longer Exempt from Carbon Dioxide Emission Limits: D.C. Circuit Vacates EPA's Three-Year Deferral for Biogenic CO2 Sources

In a decision that will impact the ethanol and biomass industry, among others, the D.C. Circuit Court of Appeals vacated the Environmental Protection Agency (EPA)'s biogenic deferral rule. The deferral rule was EPA's attempt to delay for three years the Clean Air Act (CAA) permitting requirements for sources of biogenic carbon dioxide emissions, including ethanol plants. Biogenic carbon dioxide emissions are defined in the deferral rule as emissions "directly resulting from the combustion or decomposition of biologically-based materials other than fossil fuels and mineral sources of carbon." Deferral for CO2 Emission Bioenergy and Other Biogenic Sources Under the Prevention of Significant Deterioration (PSD) and Title V Programs, 76 Fed. Reg. 43,490, 43,493 (July 20, 2011).

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