Environmental Protection Agency Regulatory Update – April 2008
The Environmental Protection Agency (EPA) is considering new initiatives regarding greenhouse gases and climate change. Some of these actions are the direct results of states taking the EPA to court because of proposed federal changes to the Clean Air Act that many people feel weaken the existing regulations.
Advanced Notice of Proposed Rulemaking for Greenhouse Gases Under the Clean Air Act
RIN: 2060-AP12*
Stage: ANPRM**
Expected Publication Date: 12 months or less
EPA will be considering the specific effects of climate change and potential regulation of greenhouse gas emissions from stationary and mobile sources under the Clean Air Act. As EPA has considered how best to respond to the Supreme Court’s decision in Massachusetts v .EPA, as well as how to respond to petitions and comments received in rulemakings asking EPA to regulate greenhouse gas emissions from mobile and stationary sources, it has become clear that implementing the Supreme Court’s decision could affect many sources beyond cars and trucks.
In this advance notice, EPA will present and request comment on the best available science including specific and quantifiable effects of greenhouse gasses relevant to making an endangerment finding and the implications of this finding with regard to the regulation of both mobile and stationary sources. This notice will also seek comment, relevant data, and questions about the implications of the possible regulation of stationary and mobile sources, particularly covering the various petitions, lawsuits and court deadlines before the Agency. These include the Agency response to the Massachusetts v. EPA decision, several mobile source petitions (on-road, non-road, marine and aviation), and several stationary source rulemakings (petroleum refineries, Portland cement, and power plant and industrial boilers). Finally, the notice will also raise potential issues in the New Source Review program, including greenhouse gas thresholds and whether permitting authorities might need to define best available control technologies.
Regulation to Establish Mandatory Reporting of Greenhouse Gases
RIN: 2060-AO79
Stage: NPRM
Expected Publication Date: 12 months or less
This rulemaking would establish monitoring, reporting and recordkeeping requirements on facilities that produce, import or emit greenhouse gases above a specific threshold in order to inform future regulatory policy options related to greenhouse gases. The rulemaking responds to the legislative mandate to develop such a rule, which was contained in the FY08 Consolidated Appropriations legislation.
RIN:
RIN stands for "Regulation Identifier Number." A RIN is assigned by the Regulatory Information Service Center, a component of the U.S. General Services Administration, to identify each regulatory action listed in our Semiannual Regulatory Agendas and Annual Regulatory Plans.
Stage
The stage of an action describes where we are in the rule writing process, from the very beginning when a rule (or other action) is just an idea to the end when it is published as a final rule (or other action) in the Federal Register.
The following acronyms are used:
- ANPRM - Advanced Notice of Proposed Rulemaking
- Direct Final - Direct Final Action
- NPRM - Notice of Proposed Rulemaking
- Supplemental - Supplemental NPRM
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