The Nickel Report

Last week marked the conclusion of the 28th Conference of Parties (COP28) to the United Nations Framework Convention on Climate Change (UNFCC) in Dubai, United Arab Emirates (UAE). As we previously discussed, the expectations were COP28 would tackle a range of critical issues toward achieving the climate goals set out in the Paris Agreement. Below is an overview of the most significant developments coming out of Dubai, as reflected in the COP28 agreement, and the expectations for future climate action.

Under the federal Clean Air Act, new major sources of air pollutants and major modifications to existing sources are required to obtain preconstruction permits, known as PSD permits, even when locating in an area that attains the National Ambient Air Quality Standards (“NAAQS”).  EPA’s proposed revisions to the NAAQS for fine particulate matter (“PM_2.5”) would make obtaining the required permit far more difficult.  EPA has indicated its intent to take final action on its proposal by the end of the year.  Permitting requirements for the revised PM_2.5 NAAQS would apply once that standard becomes effective.  Generally, new or revised NAAQS have been effective sixty days after notice of their promulgation appears in the Federal Register, although commenters have requested a longer period before any revised PM_2.5 NAAQS is effective.  These PSD permitting requirements can be triggered by emissions of PM_2.5 itself or by emissions of the PM_2.5 precursors nitrogen oxides and sulfur dioxide.