EPA Posts ANPR on Regulating Greenhouse Gas Emissions Under the Clean Air Act
The Environmental Protection Agency has posted to its Web site an unofficial version of its advance notice of proposed rulemaking on regulating greenhouse gas (GHG) emissions under the Clean Air Act (CAA).
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Comments will be due 120 days from the ANPR's publication in the Federal Register.1
(The ANPR is one of the steps EPA has taken in response to the U.S. Supreme Court's decision in Massachusetts v. EPA. The Court found that the CAA gives EPA authority to regulate tailpipe GHG emissions because these gases fit the CAA's definition of an air pollutant.)
Key Issues for Discussion and Comment in ANPR
The ANPR evaluates the broad ramifications of potential responses to the Supreme Court's decision involving regulation of GHGs under the CAA, which covers air pollution from both stationary and mobile sources.
EPA identifies the following as key issues for discussion and comment in the ANPR:
CAA provisions that may be appropriate for regulating GHGs 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, including those establishing permitting requirements for 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 CAA regulation;
Scientific information relevant to, and the issues raised by, an endangerment analysis of new motor vehicle GHG emissions, and what vehicle standards would be appropriate if a positive endangerment finding were made; and,
Information regarding potential regulatory approaches and technologies for reducing GHG emissions.
EPA Says Not All Aspects of Clean Air Act Designed for GHG Control
The EPA states that in light of the CAA's interconnections and other issues explored in the ANPR, it does not believe that all aspects of the CAA are well designed for establishing the kind of comprehensive GHG regulatory program that could most efficiently achieve the GHG emission reductions that may be needed over the next several decades.
ANPR Not Considered Administration Policy
In a letter to the EPA, the Office of Management and Budget states that the issues raised in the interagency review of the draft ANPR were so significant that it was impossible to reach consensus and the ANPR cannot be considered Administration policy. However, given the Administration's commitment to respond to the Massachusetts v. EPA court case, OMB has determined that interagency review of the ANPR is not necessary in order for the EPA to seek public comment.
1EPA sources expect that the official version of this ANPR will be published in the Federal Register on July 30, 2008.
- comments due 120 days from publication in the Federal Register
EPA contact - Joe Dougherty (202) 564-1659
EPA ANPR (unofficial version) available at http://www.epa.gov/climatechange/emissions/downloads/ANPRPreamble5.pdf
Interagency review comments (dated 07/10/08) available at http://www.epa.gov/climatechange/emissions/downloads/ANPRPreamble4.pdf
EPA press release (dated 07/11/08) available at http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/ce6311a041013ace85257483005cdd68!OpenDocument
EPA Fact Sheets (dated 07/11/08 and June 2008) available at http://www.epa.gov/climatechange/anpr.html and http://www.epa.gov/climatechange/emissions/downloads/ANPRFactSheet.pdf