March 2009 – CCAP recently released a report titled “A Pragmatic Approach to Regulating Greenhouse Gases Under the Clean Air Act.”  The report reviews legal and policy issues involved in possible regulations, including a number of insights that have come out of CCAP stakeholder dialogues.

Recent court decisions and pending legal proceedings require the EPA to make decisions under the Act on whether greenhouse gas (GHG) pollution endangers public health and welfare.  The Obama administration has recently signaled that they plan to act on this responsibility quickly.  If  the EPA makes a positive endangerment finding, the next set of questions will be: what regulations will be implemented to control that pollution?

CCAP's new report distinguishes between provisions under the Clean Air Act which could reduce GHG emissions cost-effectively versus those which are hampered by the differences between carbon dioxide and other pollutants regulated under the Act.  The EPA could feasibly require that power companies, refiners and vehicle manufacturers use the best technology in their new construction and products. 

On the other hand, the National Ambient Air Quality Standards (NAAQS) program would be difficult to implement, because it holds local jurisdictions responsible for improving their local pollution concentration, whereas carbon dioxide is globally well-mixed and emissions stay in the atmosphere for an extended period of time.

CCAP recommends Congress pass new, comprehensive market-based climate legislation.  However, no one can guarantee when such legislation will be passed, so EPA is likely to have to move forward with regulations in the interim.  It should do so by focusing on the programs most likely to achieve timely, cost-effective GHG reductions.  This report provides a “reader’s guide” to some of the issues involved.

For more information, please contact Jameel Alsalam, U.S. policy analyst, a jalsalam@ccap.org.

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