SLIDE 9 THE REGULATORY HAMMER THE REGULATORY HAMMER
EPA regulation of GHGs was set in motion after the Supreme Court ruled in Massachusetts v. EPA (2007) that CO2 is subject to regulation as a pollutant under the Clean Air Act September 2009 December 2009 Q1 2011 Q1 2010
EPA promulgates GHG Mandatory Reporting Rule, requiring EPA promulgates Final PSD/Title V Tailoring Rule, raising stationary Stationary Source GHG Regulation under the Clean Air Act will be EPA makes Final GHG Endangerment Finding, allowing it to
GHG l i d d h Cl Ai A
stationary sources over 25,000 mtCO2e to report emissions source compliance threshold to 100,000 mtCO2e triggered regulate GHGs under the Clean Air Act
GHG regulations underway under the Clean Air Act
- EPA’s PSD Tailoring Rule will go into effect next year, affecting new and modified sources
- EPA is also contemplating New Source Performance Standards (NSPS) for existing stationary sources due to
consent decrees; Power plants and nitric acid plants could face GHG emissions limits as a result… ; p p
- The battle is just beginning ‐ Legal challenges to EPA have been filed at the DC Circuit Court by a number of
states that want to over‐turn the endangerment finding
- Congress has also discussed amendments to delay EPA action (Rockefeller, Murkowski), although these are
largely expected to face a Presidential veto
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largely expected to face a Presidential veto
- The barrage of EPA regulations could spur action in the next Congress