ENERGY AND CLIMATE CHANGE

ASA supports legislative measures that would prevent EPA from regulating greenhouse gases under the Clean Air Act.

It is widely agreed that climate change legislation or legislation to impose emissions caps or cap-and-trade programs will not be moving forward in the 112th Congress. However, there is movement on regulatory activities at EPA relating to greenhouse gases and air quality standards.

There are three general areas of air quality issues being considered: greenhouse gas (GHG) regulations, emissions from power plants, and air quality standards.

Greenhouse Gases
EPA regulatory actions on GHG emissions using existing Clean Air Act authority have been the main focus of congressional interest in clean air issues in recent months. Although the Obama Administration and EPA have consistently said that they would prefer that Congress pass legislation to address climate change, EPA has begun to develop regulations using its existing authority. On December 15, 2009, the agency finalized an “endangerment finding” under Section 202 of the Clean Air Act, which requires it to regulate pollutants for their effect as greenhouse gases for the first time. Relying on this finding, EPA finalized GHG emission standards for cars and light trucks on April 1, 2010. The implementation of these standards will, in turn, trigger permitting requirements and the imposition of Best Available Control Technology for new major stationary sources of GHGs beginning in January 2011. It is the triggering of standards for stationary sources (power plants, manufacturing facilities, etc.) that has raised the most concern in Congress.

Legislation has been introduced in both the House and Senate—but not yet enacted—aimed at preventing EPA from implementing these requirements. The legislation has taken several forms, including resolutions of disapproval for EPA regulatory actions under the Congressional Review Act, amendments and stand-alone legislation that would forestall specific EPA regulations.