EPA gets ready to regulate greenhouse gas

On September 30, 2009, EPA announced a proposal that is focused on large facilities emitting over 25,000 tons of greenhouse gases a year. These facilities would be required to obtain permits that would demonstrate they are using the best practices and technologies to minimize GHG emissions.

The rule proposes new thresholds for greenhouse gas emissions (GHG) that define when Clean Air Act (CAA) permits under the New Source Review (NSR) and title V operating permits programs would be required for new or existing industrial facilities.  Click here for a copy of EPA’s fact sheet on this latest regulatory proposal.

The NSR will trigger the need for PSD (Prevention of Significant Deterioration) permits for new source or major modification in attainment areas.

Some observers have noted that this EPA step is a strategic move to motivate industries to lobby the Senate for a Climate Change Bill. Many in industry would prefer to be regulated under a new Climate Change Bill than under the Clean Air Act.

Global warming – is it a hoax?

Ever since I posted articles on the topic of greenhouse gas, I have been receiving some pretty interesting emails. I have responded to some here and I have also deleted some because they were more like rants than comments.

 One reader who used a manual typewriter and mailed in his letter (rant) to my editor at Pollution Engineering claimed that global warming is all but a hoax perpetuated by Al Gore and the liberals. Another said that the Supreme Court was made up of a “bunch of stupid lawyers” and that the scientists at EPA sold out to their political masters. I can go on but I won’t.

Here is the real scoop as I can best figure out. 

Several years ago, a number of states filed a lawsuit against the Bush EPA for failing to regulate CO2 emissions from cars. The Bush EPA’s position was that it did not have the authority to regulate CO2 under the Clean Air Act. The Appellate Court in Washington DC sided with EPA. The states appealed the case to the Supreme Court.

The landmark Supreme Court case (Massachusetts et al. v. Environmental Protection Agency et al. No. 05–1120) was decided on April 2, 2007.

Here is what the court said:

CO2 is an air pollutant under the Clean Air Act because §7602(g) of the Act defines “air pollutant” as “any air pollution agent or combination of such agents, including any physical, chemical . . . substance or matter which is emitted into or otherwise enters the ambient air . . . .”  The Court told EPA that since CO2 is a pollutant, the Clean Air Act requires EPA to regulate it IF it finds that CO2 impacts “public health and welfare”.

The Court reminded the Bush EPA that the purpose of the Clean Air Act as mandated by Congress is to “protect and enhance the quality of Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population.” The law further defines the term “effects on welfare” to include “effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility, and climate…..”

So EPA’s responsibility and obligation under the Act are quite clear.

For those inclined on conspiracies who claim that the Clean Air Act, the Supreme Court and EPA are part of a liberal conspiracy to dream up climate change as a hoax on humanity, I only need to remind them that the Clean Air Act was signed into law in 1990 by a Republican President – George H.W. Bush. He could have vetoed it but he didn’t. Majority of the justices on the Supreme Court that ruled on this case were appointed by Republican presidents. Even the Bush EPA admitted that CO2 is a greenhouse gas. It just didn’t want to regulate it.

So what is now before the EPA is very simple. If it finds that CO2 endangers “public health and welfare”, it has no choice but to regulate it. It is the law of the land as demanded by the Clean Air Act and reaffirmed by the Supreme Court.

By the way – for those of you who may be impressed by pedigree: The U.S. National Academy of Science believes in global warming too! It is asking for quicker response to deal with the problem. Perhaps it is part of the conspiracy too?

I seriously doubt it.

Greenhouse Gas bill passed!

Breaking News: The House of Representatives passed the Greenhouse Gas Bill tonight by a very close vote of 219 for and 212 against. Now it is the Senate’s turn to enact a similar bill.

Stay tuned.

Greenhouse Gas Bill to go before the House of Representatives

The full House of Representatives is expected to vote on the Greenhouse Gas bill this week and it is expected to pass. The US Department of Agriculture will be involved in the management of greenhouse gas from farmlands.

The Senate is expected to take up similar measures. The two senate committees involved are the Energy and Natural Resources Committee chaired by Senator Jeff Bingaman D-NM and the Environment and Public Works Committee chaired by Senator Barbara Boxer D-Calif. It is not certain that a greenhouse bill will get passed in the Senate. It will be close.

EPA’s greenhouse gases findings

On April 2, 2007, in Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court found that greenhouse gases are air pollutants covered by the Clean Air Act. The Court held that the Administrator must determine whether or not emissions of greenhouse gases from new motor vehicles cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision. In making these decisions, the Administrator is required to follow the language of section 202(a) of the Clean Air Act.

The Obama EPA has completed its study of the public health impact of greenhouse gases and is now asking for public comments on its findings. The proposed findings by EPA do not contain any new regulations. However, it is reasonable to expect that new regulations or new laws will come in the future to regulate these greenhouse gases.

In case anyone thinks that EPA has gone wild, this is a reminder that it was the conservative-leaning Supreme Court that ruled two years ago that EPA does have the authority to regulate greenhouse gases under the Clean Air Act if they are determined to be harmful to public health and welfare.