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Regulatory Initiatives

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EPA has issued regulatory actions under the Clean Air Act and in some cases other statutory authorities to address issues related to climate change. Below is a list of these actions along with links to pages with more information.

EPA Proposes Schedule to Address Greenhouse Gas Emissions from Refineries and Power Plants

On December 23, 2010, EPA issued a proposed schedule for establishing greenhouse gas (GHG) standards under the Clean Air Act for fossil fuel fired power plants and petroleum refineries. This schedule provides a measured and sensible path forward that will allow the agency to address pollution from sources that make up nearly 40 percent of the nation's greenhouse gas emissions.

EPA and NHTSA Regulations to Reduce GHGs and Improve Fuel Efficiency for Medium and Heavy Duty Vehicles

On August 9, 2011, EPA and the Department of Transportation's National Highway Traffic Safety Administration (NHTSA) announced the first-ever standards to reduce greenhouse gas (GHG) emissions and improve the fuel efficiency of heavy-duty trucks and buses. The final combined standards of the Heavy-Duty National Program will reduce CO2 emissions by about 270 million metric tons and save about 530 million barrels of oil over the life of vehicles built for the 2014 to 2018 model years. The heavy duty sector addressed in the EPA and NHTSA rules (including the largest pickup trucks and vans, semi trucks, and all types and sizes of work trucks and buses in between) accounts for nearly six percent of all U.S. GHG emissions and 20 percent of transportation emissions. In addition, air quality will continue to improve as less fuel use leads to reduced ozone and particulate matter; improving the health of Americans.

Final GHG Tailoring Rule

On May 13, 2010, EPA issued a final rule that establishes thresholds for greenhouse gas (GHG) emissions that define when permits under the New Source Review Prevention of Significant Deterioration (PSD) and title V Operating Permit programs are required for new and existing industrial facilities. This final rule "tailors" the requirements of these CAA permitting programs to limit which facilities will be required to obtain PSD and title V permits. Facilities responsible for nearly 70 percent of the national GHG emissions from stationary sources will be subject to permitting requirements under this rule. This includes the nation's largest GHG emitters — power plants, refineries, and cement production facilities. Emissions from small farms, restaurants, and all but the very largest commercial facilities will not be covered by these programs at this time.

EPA and NHTSA Standards to Cut Greenhouse Gas Emissions and Fuel Use for Cars and Light Trucks

On July 29, 2011, EPA and NHTSA announced plans to propose stringent federal greenhouse gas and fuel economy standards for model year (MY) 2017-2025 passenger cars and light-duty trucks. The standards under consideration are projected to reduce GHGs by approximately two billion metric tons and save four billion barrels of oil over the lifetime of MY 2017-2025 vehicles. These standards have significant benefits to American consumers by reducing the costs that they would pay to fuel these more efficient vehicles. The upcoming proposal builds on an April 1, 2010 EPA and NHTSA joint final rule establishing a historic national program that will dramatically reduce GHG emissions and improve fuel economy for new MY 2012-2016 cars and light trucks.

Greenhouse Gas Endangerment and Cause or Contribute Findings

On December 7, 2009, Administrator Lisa Jackson signed a final action, under Section 202(a) of the Clean Air Act, finding that six key well-mixed greenhouse gases constitute a threat to public health and welfare, and that the combined emissions from motor vehicles cause and contribute to the climate change problem.

Comment Requested on Greenhouse Gas Permitting Guidance under Reconsideration
On September 30, 2009, EPA released a request for public comment as the agency reconsiders the December 18, 2008 memorandum entitled “EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program.” This interpretive memo, from then-EPA Administrator Stephen L. Johnson to the EPA Regional Administrators addressed when the Prevention of Significant Deterioration program applies to carbon dioxide, a chief greenhouse gas, and other GHGs.

Greenhouse Gas Reporting Program

In response to the FY2008 Consolidated Appropriations Act (H.R. 2764; Public Law 110?161), EPA has issued 40 CFR Part 98, which requires reporting of greenhouse gas (GHG) emissions from large sources and suppliers in the United States. Part 98 is intended to collect accurate and timely emissions data to inform future policy decisions.

Waste Energy Recovery Registry

On July 23, 2009, EPA published a rule which proposes to establish the criteria for including sources or sites in a Registry of Recoverable Waste Energy Sources (Registry), as required by Energy Independence and Security Act of 2007. The agency is also proposing the Survey processes by which EPA will collect data and populate the Registry. The proposed rule would apply to major industrial and large commercial sources as defined by EPA in the rulemaking.

California Greenhouse Gas Waiver Request

On June 30, 2009, EPA granted a waiver of Clean Air Act preemption to California for the State’s GHG emission standards for motor vehicles beginning with the 2009 model year.

Renewable Fuel Standard (RFS) Program

EPA is responsible for developing and implementing regulations to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel. The Renewable Fuels Standard (RFS) program was created under the Energy Policy Act (EPAct) of 2005, and expanded under the Energy Independence and Security Act of 2007 (EISA). The expanded RFS program lays the foundation for achieving significant reductions of greenhouse gas emissions from the use of renewable fuels, for reducing imported petroleum, and encouraging the development and expansion of our nation's renewable fuels sector.

Geologic Sequestration of Carbon Dioxide

Geologic sequestration (GS) is the process of injecting carbon dioxide (CO2) from a source, such as a coal-fired electric generating power plant, through a well thousands of feet underground. With proper site selection and management, geologic sequestration could play a major role in reducing emissions of CO2.  In July 2008, EPA published the Federal Requirements under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Proposed Rule for public review and comment.

Advance Notice of Proposed Rulemaking: Regulating Greenhouse Gas Emissions under the Clean Air Act

Published July 11, 2008, the Advanced Notice of Proposed Rulemaking (ANPR) was one of the steps EPA has taken in response to the U.S. Supreme Court's decision in Massachusetts v. EPA. The Court found that the Clean Air Act authorizes EPA to regulate tailpipe greenhouse gas emissions if EPA determines they cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.

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