RDC Action Alert:
EPA Proposed Rulemaking on Regulation of Greenhouse Gas Emissions

View RDC's Comment Letter

Comment deadline was November 28, 2008

Overview:

The Environmental Protection Agency (EPA) is inviting public comments on the development of new greenhouse gas emission regulations under the Clean Air Act. The Advanced Notice of Proposed Rulemaking  is in response to a U.S. Supreme Court decision that found the Clean Air Act gives EPA authority to regulate tailpipe greenhouse gases. In addition, the notice responds to numerous petitions the agency received demanding the regulation of greenhouse gases under the Clean Air Act. The rulemaking covers emissions from both stationary and mobile sources, including ships, aircraft, and non-road vehicles.

Action:

RDC encourages its members to submit comments encouraging the EPA to pursue separate legislation in Congress that addresses greenhouse gases directly rather than using the Clean Air Act.

How to Submit Comments:

Comments should be submitted by one of the following methods:

• Federal eRulemaking Portal http://www.regulations.gov
• Email: a-and-r-Docket@epa.gov
• Fax 202-566-9744

Mail: Docket EPA-HQ-OAR-2008-0318, Environmental Protection Agency, Air and Radiation Docket and Information Center, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include a total of two copies.

Points to consider in your comments:

• Using the Clean Air Act to regulate greenhouse gases is not appropriate. Separate legislation should be pursued in Congress that addresses greenhouse gases directly rather than using the Clean Air Act. Such legislation should be based on sound environmental and economic principles within the context of U.S. energy and economic considerations.
• Using the Clean Air Act to regulate carbon dioxide is much like using the Endangered Species Act listing of polar bears to regulate climate change.  Neither is appropriate.
• Development of greenhouse gas legislation should be coordinated with other emitting nations to ensure this problem is addressed on a global scale and does not put American business at a competitive disadvantage. Otherwise, new regulations would likely result in unintended consequences, including a shift in emissions, and possibly production capacity, from the U.S. to other countries.
• Comprehensive discussion of the impacts and costs of the program must transpire.  The EPA must explain in clear terms the costs and benefits of the U.S. using the Clean Air Act to regulate greenhouse gases. As currently proposed, the new regulations may result in higher prices for energy, food, manufactured goods and transportation, while not truly addressing this global issue.

Comment deadline was November 28, 2008