EPA CAA Email 8.28.03 (g)


Published on

EPA Clean Air Act Authority
Email 8.28.03 (g)

Published in: News & Politics, Technology
1 Like
  • Be the first to comment

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

EPA CAA Email 8.28.03 (g)

  1. 1. :r. #1 ti'9 ~~~~~~~~ ~ Page 1 ~~AWlS of 4 RECORD TYPE: FEDERAL (NOTES MAIL) CEQI 3.Fdek/O=E/=[PEcag CREATOR:Debbie S. Fiddelke ( CN=Debbie 2003 16:06:12.00 CREATION DATE/TTME:28-AUG- byepa SUBJECT:: Re: co2 talking points sent CEQI TO:Dana M. PeriflO ( CN=Dana M. Perino/CU=CEQ/O=EOP@EOP[ READ :UNKNOWN TEXT: Thanks!I ---- Original Message --- From:Dafla M. Perino/CEQ/EOP To:Debbie S. Fiddelke/CEQ/EOP@EOP Cc: Date: 08/28/2003 03:34:55 PM Subject: co2 talking points sent by epa E A to Regulate Notice of Denial of the Petition for Greenhouse Gas (GHG) Emissions from Mo or vehicles 8/28/ 03 notice denying a Action: EPA today (August 28, 2003) signed a e issions from motor vehicles. The petition to regulate greenhouse gas gas emissions from Agency is denying the petition to regulate greenhouse motor vehicles for three reasons. Act to 1) EPA lacks aut ority under the Clean Air s for climate change purposes; regulate C02 and other greenhouse gas vehicle 2) The only practical way to reduce motor Economy, which is a task that emissions of C02 is to regulate fuel Congress has already assigned to DOT; and gas 3) EPA believes that regulating greenhouse be inappropriate at this time. emissions from motor vehicles would to the reasons.) (See additional point below related nced an aggressive approach to In February 2002, President Bush anno ges substantial voluntary reductions addressing climate change that encour omy improvements: in GHG intensity and pursues fuel eco reducing the GHG This approach sets a aational goal of rcent over the next ten years. This intensity of the U.S. economy by 18 p of GH-G emissions and, strategy sets the U.S. on a path to slow the growth then reverse that growth. as the science justifies, to stop and and < ~In taking prudent environmental action at home and effective long-term abroad, the U.S. is advancing a realistic short-term measures whose benefit is approach, rather than adopting costl? uncertain. research, and < This policy supports vital climate change by investing in science, technology, lays the groundwork for future actio 1/5/2004 fie/D19Lfqi0_e~x
  2. 2. Page 2of 4 and institutions. < ~In addition, the Presi ent=s policy emphasizes other nations to international cooperation and promotes working with global climate change. develop an efficient and coordinated r sponse to < ~EPA is building effici nt and effective market-driven contribution to climate programs that address the transportati n sector=s change. These programs include Climate Leaders, Energy Star, Smartway and Best Workplaces for Commuters. < ~In February 20(2, EPA launched Climate Leaders, a companies work with voluntary industry- government partner hip under which EPA to evaluate their GHG emissions, s t aggressive reduction goals, and To date, more than 40 report their progress toward meeting t ose goals. industry sectors have companies from almost all the most energy-intensive joined. < ~EPA=s Energy S ar is a voluntary labeling program and consumers about the that provides critical information to Dusinesses energy efficiency of the products they purchase. Reductions in GHGi to removing 10 emissions from Energy Star purchases ware equivalent million cars from the road last year. < ~The Smartway transport partnership works with the and more efficient trucking and railroad industry to achi ye cleaner vehicles and locomotives by adopting pollution control and energy saving technologies. Smartway partners will develop and deploy substantial fuel fuel-efficient technologies and practices to achieve savings and emission reductions. Idling strategies alone have the per year, while potential to save 1 billion gallons of diesel fuel reducing greenhouse gases by 2.5 MYMTCE and NOx by 200,000 tons. < ~ Best WorkplaCE for Commuters offers innovative trips and miles solutions to commuting in order to re uce vehicle traveled. We expect that 3.7 million employees will be covered by this program in 2005. < ~EPA will also play a leadership role in advancing fuel to support the cell vehicle and hydrogen fuel techno ogies and policies U.S. environmental, energy and nation 1 security goals. (3) above: Additional talking points relating to (1), (2) and <No CAA provision spec fically authorizes climate change but these are limited regulation. A few sections mention c imate change, to non-regulatory measures. <Congress has taken UP the issue of climate change enacted legislation numerous times over the past few year , but has not for climate change that gives EPA authority to regulate 3HO emissions purposes. < Regulation of C02 and other CGHls for climate change and societal purposes would have enormous economic, practical, implications, which certainly were not envisioned when the CAA was enacted and amended. for <Under these circumstances, it would be inappropriate EPA to search for authority to regulate in an existing statute that was 1/5/2004 file://D:139_f-bfqmiiOO3sceq.txt
  3. 3. Page 3 of 4 climate change or enacted to leal with the not specifically designed issue. the ACanflon Memo@] < ~[In case questions come pconcerninlg to address does not aut orize regulation In determininlg that the CAA by its current General the conclusi n reached climate change, EPA adopted and reviewing relevant legal authorities Counsels Counsel in a legal opinion former EPA General statements of two withdrawing the opinion and who served in the prior Administration.. motor vehicle fuel < ~Congress entrusted regulation of by EPA under the CAA C02 emission standards set economy to DOT, not EPA. set by DOT under the fuel economy standards would effectively supplant pra tical way of reducing vehicle C02 Energy Policy Act, because the only economy. emissions is to increase fuel for motor vehicles at < Est ablishing 0KG emission standards 5 to make because i- would require EPA this time would be premature, with ut the benefit of the studies scientific and technical judgments technologies. uncertainties and advance being developed to reduce would result in an < Est~ablishing regulations now change issue, to addressing the climate inefficient, piecemeal approach of GHG emission only one of many categories because motor vehicles are sources. of motor vehicle GHG emissions <Unilateral EPA regulation to pers ade key developing countries could also hamper U.S. efforts to econ mies. their reduce the GHG intensity of Background of the Petition: the International Center for $ The petition was filed by and environmental 18 other tec ology, citizen Technology Assessment and 1999. advocacy groups October 20, EPA is obligated to regulate $ The petition asserted hat 202(a) (1) from mo or vehicles under Section 4 greenhouse gas (0HG) emissions of the Clean Air Act. that Athe Administrator [of $ Section 202(a) (1) provides ... in accordance with the provisions EPA] shall by regulation prescribe of any air applicable to the emission of [section 202) , standards which in his classes of new motor vehicle *.... pollutant from any class or reasonably be to, air pollution-,which may judgment cause, or contribute health or welfare.@ anticipated to endanger public has a mandatory duty to $ Petitioners claim that EPA EPA cles under Section 202 because regulate GHG emissions from motor veh has already determined that: pollutants under the $ C02 and other GH-10 are air Clean Air Act; and contribute to $ 0KG emissions from motor vehicles anti ipated to endanger public health or pollution that may reasonably-be welfare. a made findings that trigger To the contrary, EPA has not regulation even assuming the CAA authorized mandatory duty under the CAA, to address climate change. (Sierra Club and $ ICTA and two other o ganizations for DC seeking in the U.S. District Court Greenpeace) have filed a lawsuit petition. Rather than engage in needless £he to compel EPA to respond to to take final action on the and unproductive litigation, EPA has decided 1/5/2004 fie/D3 -- fmO3ceq.txt
  4. 4. Page 4 o .4, .- petition at this time. file://D:139-LbfqmiOO3 ~ ~~~~~~~~~~1/5