EPA Releases Greenhouse Gas Document for Public Comment

July 22, 2008 // Published as a news service by IHS

The release of the ANPR was in response to the April 2, 2007 Supreme Court decision in Massachusetts v. EPA, which found that GHG emissions could be regulated if the EPA determines they cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.

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With the ANPR, the EPA is evaluating the broader ramifications of the decision throughout the CAA, which covers air pollution from both stationary and mobile sources.

The ANPR solicits public input as the EPA considers the specific effects of climate change and potential regulation of GHG emissions.

Issues for discussion and comment in the ANPR include:

• 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.

The ANPR also reviews various petitions, lawsuits and court deadlines before the agency and the effect regulating under the CAA could have on the economy.

The Advance Notice of Proposed Rulemaking: Regulating Greenhouse Gas Emissions under the Clean Air Act can be found at http://www.epa.gov/climatechange/anpr.html.

Source: U.S. Environmental Protection Agency (EPA).