Written by Elizabeth Jones
|Thursday, 05 July 2012|
Power Plant Standards
Legal Background of the New Rule
In 2007 the U.S. Supreme Court ruled, in Massachusetts v. EPA, that greenhouse gases (GHGs) meet the definition of “air pollutant” under the Clean Air Act.7 This decision consequently assigned the EPA the task of determining whether GHGs pose a threat to public health and welfare.8 On December 15, 2009, the EPA found that the current and projected concentrations of greenhouse gases endanger the public health and welfare of current and future generations.9 The EPA then proposed a schedule for establishing greenhouse gas standards under the Clean Air Act for fossil fuel fired power plants and petroleum refineries.10
What Does the New Standard Mean?
Given that 2012 is an election year, new GHG regulations will certainly draw criticisms from political candidates who do not believe in climate change or who are averse to government regulation. However, the standard for new power plants is more notable for what it WILL NOT require rather than any alleged “overreaching.” Here are a few reasons why this development should be relatively uncontroversial:
When Will Existing Power-Plant GHG Emissions Be Regulated?
In late March of 2012, EPA Administrator Jackson told reporters that at this time the EPA has “no plans to address existing plants.”13 Existing power plants emit about a third of the nation’s total emissions, which is more than 2 billion tons of greenhouse gas emissions a year,14 so regulating these plants will be a crucial next step toward reducing GHG emissions in the U.S.
Future regulation of existing plants does fall within EPA’s authority under the Clean Air Act. For certain pollutants, CAA section 111(d)(1) requires the EPA to prescribe regulations for state plans covering “existing source[s].”15 However, due to the politically charged nature of this issue, it seems that action on existing sources will not happen any time soon.16 Be sure to make your voice heard! The EPA will seek comments and information, including via public hearings, as it completes the new power plant rulemaking process.
7 Id.; http://en.wikipedia.org/wiki/Massachusetts_v._Environmental_Protection_Agency;
Only registered users can write comments.
|Last Updated ( Thursday, 05 July 2012 )|