In a stunning act of political kowtowing, the EPA caved to special interest groups and politics and declared CO2 a “dangerous pollutant”, even though it is part of the natural cycle of life. Now the gloves come off and the real fight begins during the 60 day public comment period. If you’ve never stood up to “consensus” before, now is the time for all good men to come to the aid of their country. See instructions below for submitting public comment. – Anthony
Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act
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 Supreme Court decision resulted from a petition for rulemaking under section 202(a) filed by more than a dozen environmental, renewable energy, and other organizations.
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The Administrator signed a proposal with two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act:
- The Administrator is proposing to find that the current and projected concentrations of the mix of six key greenhouse gases—carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)—in the atmosphere threaten the public health and welfare of current and future generations. This is referred to as the endangerment finding.
- The Administrator is further proposing to find that the combined emissions of CO2, CH4, N2O, and HFCs from new motor vehicles and motor vehicle engines contribute to the atmospheric concentrations of these key greenhouse gases and hence to the threat of climate change. This is referred to as the cause or contribute finding.
Today’s proposed action, as well as any final action in the future, would not itself impose any requirements on industry or other entities. An endangerment finding under one provision of the Clean Air Act would not by itself automatically trigger regulation under the entire Act.
The Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act was signed on April 17, 2009, and will be published in the Federal Register and available in the Docket (www.regulations.gov) shortly under Docket ID No. [EPA-HQ-OAR-2009-0171]. A pre-publication copy is provided below. While EPA has taken steps to ensure the accuracy of this Internet version of the document, it is not the official version.
- Pre-publication copy of the Administrator’s Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act (full version) (PDF) (133 pp, 661KB, About PDF)
Technical analyses developed in support of the Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act may be found here:
- Technical Support Document for the Proposed Findings (PDF) (171 pp, 2.8MB, About PDF)
Submitting Comments on Proposed Finding
The public comment period is open for 60 days following publication in the Federal Register. (Please note that official comments on the proposed finding cannot be submitted until the Federal Register publication).
Written comments on the proposed finding (Docket ID No. EPA-HQ-OAR-2009-0171) may be submitted by using the following instructions:
- Instructions for Submitting Written Comments (PDF) (3 pp, 39KB, About PDF)
When providing comments, please submit them with reference to Docket ID No. EPA-HQ-OAR-2009-0171.
There will be two public hearings for this proposed finding. EPA requests those who wish to attend or give public comments, to register on-line in advance of the hearing. EPA will audio web stream both public hearings. The meeting information pages will be updated with this information as it becomes available.
- May 18, 2009, at the EPA Potomac Yard Conference Center, Arlington, VA; and
- May 21, 2009, at the Bell Harbor International Conference Center in Seattle, WA