Environmental Management and Compliance News, Tips and Tools

Among arguments set forth in support of passage of a “cap and trade” bill to regulate emissions of carbon dioxide and other greenhouse gases from power plants, manufacturers and other stationary facilities is “if Congress doesn’t do it, the Administration will,” under rulemaking authority already granted via the Clean Air Act and its amendments.

Well, yes…

On September 30, the Environmental Protection Agency (EPA) announced two proposals that will advance control of greenhouse gas emissions through existing regulatory frameworks. The first of these will determine when regulatory action triggers applicability of the Prevention of Significant Deterioration (PSD) program to air pollutants, such as carbon dioxide and other greenhouse gases. The second proposal establishes “tailored” thresholds for applying New Source Review and Title V Operating Permit requirements to emissions of greenhouse gases from large facilities. 

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On September 28, EPA and the National Highway Transportation Safety Administration (NHSTA) issued a joint proposal to establish new standards for light-duty vehicles that will reduce greenhouse gas emissions and improve fuel economy.  This joint proposed rulemaking follows the National Fuel Efficiency Policy announced by President Obama on May 19, 2009, responding to the country’s “critical need” to address global climate change and to reduce oil consumption.

EPA is proposing greenhouse gas emissions standards under the Clean Air Act, and NHTSA is proposing Corporate Average Fuel Economy standards under the Energy Policy and Conservation Act, as amended.  These standards will apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles, covering model years 2012 through 2016.  This National Program is intended to enable automobile manufacturers to build a single light-duty national fleet that satisfies all requirements under both programs while ensuring that consumers still have a full range of vehicle choices.

EPA and NHTSA will entertain comments on this proposal through November 27, 2009.  NHTSA and EPA will jointly hold three public hearings on the following dates: October 21, 2009 in Detroit, Michigan; October 23, 2009 in New York, New York; and October 27, 2009 in Los Angeles, California. Further information can be found at http://www.epa.gov/otaq/climate/regulations.htm for EPA and http://www.nhtsa.dot.gov/portal/site/nhtsa/ for NHTSA.

On June 30, the Environmental Protection Agency granted California the authority to regulate emissions of greenhouse gases from motor vehicles, beginning with the 2009 model year.  In overturning a previous decision, EPA has waived federal Clean Air Act pre-emption of more stringent state regulations. 

Further information can be found at the EPA website, http://www.epa.gov/otaq/climate/ca-waiver.htm.

In a proposal that would pave the way for regulation of greenhouse gas emissions, the Environmental Protection Agency on April 17 issued a finding that greenhouse gases contribute to air pollution that may endanger public health or welfare.

The proposed finding identified six gases – including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride – that pose threats. 

For more information, visit http://epa.gov/climatechange/endangerment.html or contact us at www.tcozzie.com/contact.htm.