EPA Deregulated Air Pollution Standards: What are the implications?
Authored by: Peter Kelso and Drew Howard, MEM
Earlier this year, the US Environmental Protection Agency (EPA) rescinded the 2009 Greenhouse Gas (GHG) Endangerment Finding that instituted emissions regulations for new motor vehicles and engines in the US. In repealing the finding, the EPA found that it lacks statutory authority as an agency to prescribe standards under the Clean Air Act (CAA) for GHG emissions of vehicles. The EPA stated that even if the US were to eliminate GHG emissions from all vehicles on the roadways, “there would be no material impact on climate change.” This creates a gray area in terms of emissions standards, with potential to expand outside transportation, impacting additional industries.
According to the EPA, its elimination of the GHG emission standards for US vehicles will save US citizens and businesses over $1.3 trillion dollars. The EPA based its decision to repeal the regulation, in part, on significant changes in administrative authority that have occurred since the US Supreme Court found in 2007 that GHG emissions are “air pollutants” under the CAA. Today, only Congress, and not the EPA, has the power to regulate GHG emissions.
In April, sixteen health and environmental groups filed an administrative petition with the EPA seeking reconsideration of their decision to rescind the vehicle emissions standards. The groups assert that the EPA’s rescission is based on technical analyses of climate change metrics that are “fatally flawed.”
The repeal of GHG emission standards for vehicles has the potential to expand outside transportation and impact industries that have stationary air emissions, such as industrial and manufacturing facilities.
Since its inception nearly 45 years ago, Roux has been at the forefront of helping our clients evaluate the regulatory landscape for air quality and emissions. Our experts have evaluated a wide variety of GHG and other industrial emissions for planning, compliance, and litigation. Roux additionally provides regulatory compliance and management consulting services to corporate environmental and engineering personnel, legal counsel, and insurance industry managers. With an evolving regulatory landscape on both the state and federal levels, it is more critical than ever that businesses and law firms understand the potential risks associated with GHG emissions compliance.
Please contact our experts below if you’d like further details on EPA’s latest GHG regulations or further information regarding Roux’s air emissions advisory services.
