Contact us : Tel : +603 – 6201 8112 Fax : +603 – 6201 7112 Email : ctres@mail.com In more recent years, however, environmental policy has become more partisan, and debates more polarized, to the point that it has become virtually impossible to amend the Act or pass other legislation to address the new threat of climate change. We outline the Act’s key provisions, as well as the main changes Congress has made to it over time. This page was last edited on 29 October 2020, at 17:14. Press release. New York, NY 10005 Review of Policy Research, 27(6), 795-821. EPA issued guidance to states on implementing the new GHG guidelines. EPA air quality regulations can be found in Parts 50-99 of Title 40 of the Code of Federal Regulations and on the EPA website. Global Warming Poll: Selected Results. [48] Because the LDV Rule requires vehicle manufacturers to meet applicable GHG standards for model year 2012 vehicles, and January 2, 2011 is the first day upon which model year 2012 vehicles can be introduced into commerce, the six GHGs regulated by that rule became regulated NSR pollutants as of January 2, 2011 for purposes of the PSD program.[49]. “Obama’s Power Plant Plan Won’t Work” by David Bailey and David Bookbinder (Politico, 7/16/13). [50] As discussed supra, that case is founded on the petition submitted to EPA in 1999 by the International Center for Technology Assessment and nineteen other NGOs. Over eighty claims have been filed by thirty-five different petitioners against EPA related to the endangerment finding, the LDV Rule, the Tailoring Rule, and another rule related to the PSD program. [26], After considering the scientific evidence before her, Administrator Jackson found that greenhouse gases could be reasonably anticipated to endanger the health of the U.S. population in several ways. pts. 40 C.F.R. According to EPA, these banking and trading provisions promote the environmental objectives of the rule by addressing issues associated with technological feasibility, lead time, and cost of compliance with the standards.[36]. The court made the decision that the EPA must determine whether greenhouse gas emissions from new motor vehicles "cause or contribute to air pollution which may be reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision" (EPA's Endangerment Finding). "[18] Whether Congress will act any time soon to pass cap-and-trade legislation or revoke EPA's authority to regulate GHGs is questionable. While NGOs cannot themselves pass climate change regulations, they have played a clear role in forcing EPA's hand through action in the courts. 50.7 – Primary and Secondary NAAQS for PM 2.5 (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) – This part establishes the maximum allowable concentration of PM 2.5 in the atmosphere in a calendar year, and in any single 24-hour period, which may not be exceeded more than once during any calendar year. [32], The LDV Rule accomplishes its objectives primarily through a traditional command-and-control approach. They are:[27]. Nov. 21, 2018. “The Politics and Economics of Obama’s New Climate Program” by CTC board member Robert Shapiro (7/2/13). So much so, that sources like office buildings and large shopping malls could easily cross the 250 ton per year threshold and become subject to PSD permitting requirements. pt. In EPA's view, this required the agency to make a positive or negative endangerment finding under Section 202(a) of the CAA.[8]. National Emission Standards for Hazardous Air Pollutants for Source Categories (40 C.F.R. In late 2015, EPA proposed to amend the new source performance standards (NSPS) again to cut methane and VOC emissions from the oil and natural gas industry. New GHG air permitting began for facilities that would have to go through air permitting for non-GHG pollutants anyway. 63.760(b)(2). 40 C.F.R. However, BACT is established by a permitting authority on a case-by-case basis considering site- and source-specific factors. First, as noted above, the emissions standards gradually become more stringent over time. But What Kind? 40 C.F.R. pts. EPA’s “Clean Power Plan” sought to regulate the historically largest source of greenhouse gases in the U.S. economy — the CO2 emitted by electric power generating plants. Working Paper [41] Further, California and EPA have worked together so that the two programs converge and allow automakers to produce a single national fleet, which complies with both programs. The main sources of emissions being considered in the rulemaking are compressors, pneumatic controllers, pneumatic pumps, hydraulically fractured oil well completions, and fugitive emissions from well sites and compressor stations. Regulation of Outer Continental Shelf (OCS) Air Emission Sources. Sources are also regulated by the CAA. Three RFF scholars sit down together to discuss what kinds of legislative strategies, when deployed, promote durable environmental policy. In order to obtain a waiver and establish its own emissions requirements, the State must demonstrate, among other things, that its standards will be at least as protective as public health as any applicable federal standards. (n.d.). Section numbers in the U.S. Code are different than the Clean Air Act's section numbers. [9], The Center for Biological Diversity and 350.org had requested earlier in December that the EPA set the NAAQS for carbon dioxide at no greater than 350 ppm. S.228 - Defending America's Affordable Energy and Jobs Act. 42 U.S.C. Specifically, under the CAA, air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments. pt. pt. 40 C.F.R. Home | BMP Search | Bibliography | Resources | Law & Policy | Training & Workshops | About Us | Site Map "[46] In 2008, EPA Administrator Stephen Johnson issued a memorandum to document the Agency's interpretation of this regulatory text. Retrieved from, Environmental Protection Agency. These standards regulate 188 different hazardous air pollutants (HAP). The most substantial requirements come in the form of two separate CO2 standards (one for cars and the other for trucks, expressed on a gram per mile basis) that apply to a manufacturer's fleet of vehicles. The Clean Air Act (CAA) (42 U.S.C. The U.S. Supreme Court ruled in Massachusetts v. EPA that GHGs are air pollutants covered by the Clean Air Act. Olmstead, S. (2010). In a 5-4 decision authored by Justice Scalia, the Supreme Court remanded the Tailoring Rule to EPA on the grounds that the Clean Air Act did not authorize the agency to regulate all the sources encompassed by the Rule. Part 70 defines the minimum requirements that each state must meet for its program, as well as the standards that the EPA uses in approving individual state programs. In what is known as the tragedy of the commons, rational individuals are motivated to over-utilize these resources for short-term economic gain despite the potential for collective action to deplete the resource or result in other adverse consequences in the long run. 42 U.S.C. As a frequently used measure of a country's well-being, the GDP, for example, places value on the goods and services produced within a country but fails to account for the GHG emissions and other environmental effects created in the process. EPA denied that request on March 6, 2008, stating that the State did not need the standards to address compelling and extraordinary conditions (as is required by CAA section 209(b)(1)(B)) because the effects of climate change in California were not extraordinary compared to the effects in the rest of the country. On December 7, 2009, the EPA Administrator found that under section 202(a) of the Clean Air Act greenhouse gases threaten both the public health and the public welfare, and that greenhouse gas emissions from motor vehicles contribute to that threat. The Clean Air Act (CAA) (42 U.S.C. EPA proposed a three-year deferral of GHG permitting for facilities that use, New GHG permitting began for new facilities that would emit more than 100,000 tons of carbon dioxide equivalent per year and for facilities that will undergo major modification that would increase emissions by 75,000 tons of carbon dioxide equivalent per year. Please update this article to reflect recent events or newly available information. Contact us : Tel : +603 – 6201 8112 Fax : +603 – 6201 7112 Email : ctres@mail.com Contact Us to ask a question, provide feedback, or report a problem. [67] On June 26, 2012, the Court of Appeals for the District of Columbia Circuit issued an opinion in CRR v. EPA which dismissed the challenges in these cases to the EPA's endangerment finding and the related GHG regulations. Follow us to learn about opportunities to participate in our efforts and how we engage. Under section 110 of the CAA, each state must develop a State Implementation Plan (SIP) to identify sources of air pollution and reduce air pollution to meet federal standards. 40 C.F.R. [47] Upon request to reconsider this interpretation, EPA Administrator Lisa Jackson confirmed that that Agency would continue to apply the interpretation expressed in the 2008 memorandum but she further clarified that the time at which a pollutant becomes a "regulated NSR pollutant" is when the requirements that control emissions of the pollutant take effect, rather than upon the promulgation of those requirements. [7] The court further ruled that "policy judgments have nothing to do with whether greenhouse gas emissions contribute to climate change and do not amount to a reasoned justification for declining to form a scientific judgment."
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