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NRCA issues comments to the Environmental Protection Agency

On Nov. 28, NRCA submitted comments to the Environmental Protection Agency (EPA) in response to the Advance Notice of Proposed Rulemaking (ANPR) on Regulating Greenhouse Gases Under the Clean Air Act (CAA).

The ANPR responds to the U.S. Supreme Court's decision in Massachusetts v. EPA, which ruled that CAA authorizes EPA regulation of carbon dioxide and other greenhouse gases and the agency must determine whether such emissions from motor vehicles endanger public health or welfare.

However, the ANPR goes beyond motor vehicles to consider petitions related to the potential regulation of greenhouse gas emissions under CAA. It says a finding of endangerment for motor vehicles—a decision it is required to confront as the result of the Supreme Court's decision—would trigger not only vehicle controls but also invasive carbon dioxide controls on buildings and other stationary emissions sources. Four regulatory programs would be triggered by a finding of endangerment, and NRCA believes the compliance costs for the programs would be unreasonable for millions of new regulated entities.

In the comments, NRCA urges EPA to deny the Massachusetts petition because a finding of endangerment could lead to tremendous burdens on U.S. citizens; economic operations; and federal, state and local governments. NRCA also urges EPA to call on Congress to pass legislation preventing CAA from regulating greenhouse gas emissions and address tailpipe emissions through the Energy Independence and Security Act of 2007 and the Energy Policy Act of 2005.

To read the comments, click here.

12/4/2008