Thursday, September 17, 2009

Senators try to stop EPA plan to regulate GHG


(Photo of power plant from Flickr and photographer bass_nroll)

Some senators are trying to block the EPA's newfound power to regulate greenhouse gases. They intend to tack an amendment on the EPA funding bill coming up this week. (To object, go to http://tinyurl.com/ntmom).

This effort comes at a time when EPA regulation may be our best hope for curbing greenhouse gases, as the Senate – embroiled in health care – seems more and more likely to punt climate legislation into next year. Majority Leader Harry Reid (D-Nevada) said as much this week.

And if climate change doesn’t get resolved early in 2010, it will likely be delayed past mid-term elections to 2011 and a new Congress.

In the meantime, EPA regulation would get the country moving and give the president some achievement to take to the international climate treaty talks in Copenhagen in December. (That treaty is likely to face delay too – it’s very unlikely to be finalized this year. Meanwhile, the planet isn’t waiting for us humans to get our act together.)

Rules for autos ... and more
The EPA, along with the National Highway Traffic Safety Administration, announced this week new fuel economy and greenhouse gas rules to bring the fleet average of new cars and light trucks in 2016 up to 35.5 mpg, as well as GHG emissions down to 250 grams/mile.

Not only does this put fuel economy 5 years ahead of where the Congress mandated it in 2007, but more important: It’s the first time the EPA will regulate greenhouse gases under the Clean Air Act. The agency is entitled, even required, to do so under the 2007 Supreme Court decision in Massachusetts vs. EPA, but the Bush Administration let it slide.

This has ramifications for all sources of GHG, including large industrial facilities and power plants. In addition to the automobile rules, the agency is finishing up work on its endangerment findings – showing GHG as pollution that endangers people’s health. The EPA is also finalizing regulations to make greenhouse gases part of the permitting process for facilities emitting more than 25,000 metric tons of GHG a year. EPA head Lisa Jackson may sign the endangerment finding as soon as late this month.

Plan B
Some suggest the Senate may leave controversial and complex cap-and-trade on the shelf and just take action on energy – efficiency and renewable sources. They may “defer to the regulatory agency and duck tough political choices,” James Connaughton, former Bush environmental advisor, told ClimateWire.

But “energy-only is worse than no bill at all,” said Fred Krupp, president of the Environmental Defense Fund.

Problems with EPA rules
EPA restrictions alone may not do the job, though, with time running out to stop the growth of greenhouse gases. With EPA regulation only, “you can’t get enough of the job done fast enough,” warned the Natural Resources Defense Council’s David Hawkins.

Furthermore, lawsuits could delay progress for years. Already the National Automobile Dealers Association and U.S. Chamber of Commerce have filed suit to prevent regulation of motor vehicles at the federal or state level.

The best answer is to have both – EPA regulations and climate change legislation, which is what most environmental groups want.

We need to protect the right of the EPA to regulate and they need to get started because once they do so it will be more difficult for opponents to have legislation pre-empt them. At the same time a cap-and-trade system will help put a cap on emissions and move the country toward its desired goal. And a new administration wouldn't be able to stop progress in its tracks by changing the rules.

Sens. Barbara Boxer (D-Calif.) and John Kerry (D-Mass.), chairs of the Environment and Foreign Relations committees, have been crafting a Senate climate bill they will release later this month. They seem committed to moving ahead with it. Urge your Senators to keep climate and energy on their urgent agenda for this fall at the EDF website.

(Sources: Greenwire, ClimateWire, Environmental Defense Fund, Sierra Club, dailygreen.com)

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