The U.S. Environmental Protection Agency's (EPA's) Advance
Notice of Proposed Rulemaking (ANPR): Regulating Greenhouse Gas
Emissions Under the Clean Air Act (CAA) was published July 30,
2008, and has generated great alarm in the business community. The
ANPR is in response to the U.S. Supreme Court's ruling in
Massachusetts v. EPA. The ruling stated EPA must determine
whether carbon dioxide or other greenhouse gas emissions from motor
vehicles endanger public health or welfare.
However, the ANPR transcends motor vehicles to take into account
numerous petitions related to the potential regulation of
greenhouse gas emissions under the CAA. As EPA acknowledges in the
ANPR, a finding of "endangerment" for motor vehicles 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: National Ambient Air
Quality Standards; New Source Performance Standards; Prevention of
Significant Deterioration; and Title V (operating permits).
According to the U.S. Chamber of Commerce, National Ambient Air
Quality Standards for carbon dioxide would result in a permanent
scaling down of societal quality of life as every state would have
to grapple with nonattainment status and the resulting penalties,
including loss of federal highway funding; punitive offsets to new
construction on a 1-to-1 basis or more; and imposition of the
strictest technology standards and pollution controls under the
CAA. New Source Performance Standards would require the imposition
of "best available technology" for new and existing stationary
sources in a potentially limitless number...
Log in or register for FREE access to this article and other Professional Roofing online content.