The Environmental Protection Agency (EPA, www.epa.gov) released an Advance Notice of Proposed Rulemaking (ANPR) inviting public comment on the benefits and ramifications of regulating greenhouse gases (GHGs) under the Clean Air Act (CAA). This request is based on the Supreme Court’s decision in Massachusetts v. EPA, where the court found that the Clean Air Act (CAA) authorizes the EPA to regulate tailpipe greenhouse gas emissions if the agency determines they cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.
Key Issues for discussion and comment in the ANPR:
• Descriptions of key provisions and programs in the CAA, and advantages and disadvantages of regulating GHGs under those provisions
• How a decision to regulate GHG emissions under one section of the CAA could or would lead to regulation of GHG emissions under other sections of the act, including sections establishing permitting requirements for major stationary sources of air pollutants
• Issues relevant for Congress to consider for possible future climate legislation and the potential for overlap between future legislation and regulation under the existing CAA
• Scientific information relevant to, and the issues raised by, an endangerment analysis
• Information regarding potential regulatory approaches and technologies for reducing GHG emissions
In April 2007, the Supreme Court concluded that GHGs meet the CAA definition of “air pollutant,” and that section 202(a)(1) of the CAA therefore authorizes regulation of GHGs subject to an agency determination that GHG emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. This determination is known as the endangerment test.
A decision to regulate GHG emissions under one section of the CAA could or would lead to regulation of GHG emissions under other sections of the act, including sections establishing permitting requirements for major stationary sources of air pollutants.
EPA will accept public comment on the ANPR for 120 days following publication in the Federal Register. Comments should be submitted by one of the following method www.regulations.gov: Follow the online instructions for submitting comments.
Mail: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington, DC 20503.
Hand Delivery: EPA Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW, Washington DC, 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.
For more information on GHG emissions from transportation, go to: epa.gov/otaq/climate/
Further information on this action and other background information is available at: epa.gov/climatechange/