Geoscience Reference
In-Depth Information
Thus, the most likely role for Congress in addressing NSPS standards for
GHGs would appear to be one of oversight.
End Notes
1
Six greenhouse gases, or groups of gases, are addressed by EPA regulatory actions: carbon
dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6),
hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs). Of these, carbon dioxide,
produced by combustion of fossil fuels, is by far the most prevalent, accounting for 85% of
annual emissions of the combined group when measured as CO2 equivalents.
2
Massachusetts v. EPA, 549 U.S. 497 (2007). For additional discussion, see CRS Report
RS22665, The Supreme Court's Climate Change Decision: Massachusetts v. EPA.
3 For a more complete listing of the actions EPA and other agencies have taken in the wake of
the Court's Massachusetts decision, see CRS Report R41103, Federal Agency Actions
Following the Supreme Court's Climate Change Decision in Massachusetts v. EPA: A
Chronology, by Robert Meltz.
4
At a House Energy and Commerce hearing on June 29, 2012, EPA Assistant Administrator
Gina McCarthy stated that EPA and the states had issued 44 permits for greenhouse gas
emissions. Previously, in a March 2012 Federal Register notice, the agency stated that EPA
and state permitting authorities had issued 18 permits and had received an additional 50
permit applications. See U.S. EPA, ―Prevention of Significant Deterioration and Title Five
Greenhouse Gas Tailoring Rule Step 3, GHG Plantwide Applicability Limitations and GHG
Synthetic Minor Limitations,‖ 77 Federal Register 14233, March 8, 2012.
5
Office of the Press Secretary, The White House, ―Power Sector Carbon Pollution Standards,‖
Memorandum for the Administrator of the Environmental Protection Agency, June 25,
2013, at http://www.whitehouse.gov/the-press-office/2013/06/25/presidential-memorandum
-power-sector-carbon-pollution-standards.
6
The proposed standard, and additional background material, are available on EPA's website at
http://www.epa.gov/ carbonpollutionstandard/actions.html.
7
On December 23, 2010, EPA announced that it was settling a lawsuit filed by 11 states, two
municipalities, and three environmental groups over its 2008 decision not to establish New
Source Performance Standards for GHG emissions from petroleum refineries. According to
the agency, refineries are the second-largest direct stationary source of GHGs in the United
States and there are cost-effective strategies for reducing these emissions. The agency
agreed to propose NSPS for new refinery facilities and emissions guidelines for existing
facilities by December 10, 2011, and to make a final decision on the proposed actions by
November 10, 2012. As of this writing (June 2013), the standards and guidelines had not
been proposed.
8
The language is similar to the endangerment and cause-or-contribute findings EPA promulgated
for motor vehicles on December 15, 2009 (―Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,‖ 74 Federal
Register 66496).
9
U.S. EPA, Standards of Performance for Greenhouse Gas Emissions for New Stationary
Sources: Electric Utility Generating Units, Proposed Rule, 77 Federal Register 22392, April
13, 2012. A link to the proposed standards and additional background material can be found
at http://www.epa.gov/carbonpollutionstandard/actions.html.
