More Updates ...
TRANSITION: No new climate pronouncements, just assurances from key Obama adviser (11/12/2008) Greenwire Read more...
CAMPAIGN 2008: Obama win paves the way for big changes in energy, environment debate (11/05/2008) E&E Daily Read more...
Advanced Notice
of Proposed Rulemaking (ANPR)
"Regulating Greenhouse Gas Emissions Under the Clean Air Act"
"Greenhouse gases" is the collective name of Carbon Dioxide (CO2), Methane (CH4), Nitrous Oxide (N2O), Hydroflurocarbons (HFCs), Perflurocarbons (PFCs), and Sulfur Hexafloride (SF6).
In April 2007, the US Supreme Court concluded that greenhouse gases (GHGs) meet the definition of an air pollutant under the Clean Air Act (CAA). The Supreme Court further concluded that Section 202 of the CAA provides the US Environmental Protection Agency (EPA) the authority to regulate GHGs so long as the EPA determines GHGs pose a health risk and meet the endangerment test. If the EPA does not make that determination, it must explain why scientific uncertainty is so profound it cannot make that determination. If the EPA does make that determination, it must set out a framework to regulate GHGs.
On May 14, 2007, in response to the Court's decision, President Bush issued Executive Order 13432 to control GHG emissions from motor vehicles. EPA joined a cross-agency effort to develop new regulations that would cut GHG emissions from motor vehicles and began an endangerment finding.
On June 17, 2008, the EPA released a draft Advanced Notice of Proposed Rulemaking (ANPR) "Regulating Greenhouse Gas Emissions Under the Clean Air Act" for interagency review. The ANPR reviews the various CAA provisions that may be applicable to regulate GHGs, examines the issues that regulating GHGs under those provisions may raise, provides information regarding potential regulatory approaches and technologies for reducing GHG emissions and raises issues relevant to possible legislation and the potential for overlap between legislation and CAA regulation.
On July 11, 2008, the EPA issued the ANPR for public comment. The ANPR is part of EPA's response to the Supreme Court's ruling in Massachusetts v. EPA, which directed the agency to determine whether CO2 and other greenhouse gas emissions endanger public health or welfare. The ANPR includes a comprehensive framework by EPA staff to regulate GHGs under the Clean Air Act.
The ANPR was published in the Federal Register on July 30, 2008 triggering
a 120-day comment period. Comments are due to EPA on or before November
28, 2008. The full docket for the ANPR can found at www.regulations.gov/
under the docket designation EPA-HQ-OAR-2008-0318. Comments may be submitted
on at www.regulations.gov; via email at a-and-rDocket@epa.gov; by fax
at 202-566-9744 and by mail to:
Air and Radiation Docket Information Center
Environmental Protection Agency
Mailcode: 2822T
1200 Pennsylvania Avenue, NW
Washington, DC 20460