EPA:greenhouse gas regs

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EPA/AR RIN: 2060-AP55 Publication ID: Fall 2009
Title: Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act
Abstract: On April 24, 2009, the Administrator published a proposed Endangerment Finding under section 202(a) of the Clean Air Act. This proposed finding had two components. First, the Administrator proposed to find that the current and projected concentrations of the mix of six key greenhouse gases - carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) - in the atmosphere endanger the public health and welfare of current and future generations through climate change. In the second component of the proposal, known as the Cause or Contribute Finding, the Administrator further proposed to find that the combined emissions of four of these six greenhouse gases from new motor vehicles and motor vehicle engines contribute to the atmospheric concentrations of these key greenhouse gases and hence to the threat of climate change. EPA has not proposed in this action any new regulation of motor vehicle or motor vehicle emissions. Agency: Environmental Protection Agency(EPA) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 7521(a)
Legal Deadline: None

Statement of Need: This action responds to the Supreme Court’s decision in Massachusetts v. EPA, 549 U.S. 497 (2007), in which the court found that

greenhouse gases are air pollutants under the CAA. The Court held that the Administrator must determine whether or not emissions of greenhouse gases from new

motor vehicles and new motor vehicle engines cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare,

or whether the science is too uncertain to make a reasoned decision.

Summary of the Legal Basis: The legal basis is Section 202(a) of the Clean Air Act.

Alternatives: Not yet determined.

Anticipated Costs and Benefits: This action does not include any proposed standards and does not itself impose any requirements on industry or other

entities.

Risks: The effects of climate change observed to date and projected to occur in the future include, but are not limited to, more frequent and intense heat

waves, more severe wildfires, degraded air quality, more heavy downpours and flooding, increased drought, greater sea level rise, more intense storms, harm

to water resources, harm to agriculture, and harm to wildlife and ecosystems.
Timetable:
Action Date FR Cite
Proposal 04/24/2009 74 FR 18886
Final 12/00/2009
Additional Information: Previously reported as RIN 2060-ZA14. SAN No. 5335; EPA publication information: Proposal -

http://www.epa.gov/fedrgstr/EPA-AIR/2009/April/Day-24/a9339.pdf. EPA Docket information: EPA-HQ-OAR-2009-0171
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Small Entities Affected: No Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: www.epa.gov/climatechange/endangerment.html
RIN Data Printed in the FR: No
Agency Contact:
Rona Birnbaum
Environmental Protection Agency
Air and Radiation
6207J,
Washington, DC 20460
Phone:202 343-9076
Fax:202 565-2140
Email: birnbaum.rona@epamail.epa.gov

Ben DeAngelo
Environmental Protection Agency
Air and Radiation
6207J,
Washington, DC 20460
Phone:202 343-9107
Email: DeAngelo.Ben@epamail.epa.gov






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EPA/AR RIN: 2060-AO79 Publication ID: Fall 2009
Title: Greenhouse Gas Mandatory Reporting Rule
Abstract: The FY 2008 Consolidated Appropriations Act, which was signed into law on December 26, 2007, authorized funding for EPA to “develop and publish a draft rule not later than 9 months after the date of enactment of this Act, and a final rule not later than 18 months after the date of enactment of this Act, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States.” The accompanying joint explanatory statement directed EPA to "use its existing authority under the Clean Air Act" to develop a mandatory greenhouse gas reporting rule. The joint explanatory statement went on to say that "The Agency is further directed to include in its rule reporting of emissions resulting from
upstream production and downstream sources, to the extent that the Administrator deems it appropriate.” Accordingly 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 provide comprehensive and accurate data to support a range of future climate policy options.
Agency: Environmental Protection Agency(EPA)

Priority: Economically Significant RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 86, 87, 89, 90, 94, and 98 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 7401 et seq
Legal Deadline:
Action Source Description Date
Final Statutory FY08 Consolidated Appropriations directed EPA to publish final 18 mos after enactment 06/26/2009
NPRM Statutory FY08 Consolidated Appropriations directed EPA to publish a proposal 9 mos after enactment 09/26/2008
Timetable:
Action Date FR Cite
Notice 03/25/2009 74 FR 12782
NPRM 04/10/2009 74 FR 16447
NPRM Comment Period End 06/09/2009
Final Action 10/30/2009 74 FR 56259
Additional Information: SAN No. 5242; EPA publication information: NPRM--http://edocket.access.gpo.gov/2009/pdf/E9-5711.pdf; EPA Docket information:

EPA-HQ-OAR-2008-0508
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, Local, State
Small Entities Affected: Businesses, Governmental Jurisdictions Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html
RIN Data Printed in the FR: No
Agency Contact:
Carole Cook
Environmental Protection Agency
Air and Radiation
6207J,
Washington, DC 20460
Phone:202 343-9334
Email: Cook.Carole@epamail.epa.gov

Suzanne Kocchi
Environmental Protection Agency
Air and Radiation
6207J,
Washington, DC 20460
Phone:202 343-9387
Email: Kocchi.Suzanne@epamail.epa.gov