Environmental Protection Agency (EPA) Administrator Lisa Jackson responded to a February 19th letter from eight Senate Democrats inquiring on how and when EPA plans to begin regulating greenhouse gas emissions. In her letter, Jackson stated "I share your goals of ensuring economic recovery at this critical time and of addressing greenhouse gas emissions in sensible ways that are consistent with the call for comprehensive energy and climate legislation."
As background, three years ago the U.S. Supreme Court held that greenhouse gases are air pollution and are subject to regulation under the Clean Air Act (Massachusetts v. EPA). To comply with the Court's holding, Jackson indicated that EPA will be taking the following actions:
* No facility will be required to address greenhouse gas (GHG) emissions in Clean Air Act permitting of new construction or modifications before 2011;
* For the first half of 2011, only facilities that already must apply for Clean Air Act permits as a result of their non-greenhouse gas emissions will need to address their greenhouse gas emissions in their permit applications;
* EPA is considering a modification to the rule announced in September requiring large facilities emitting more than 25,000 tons of greenhouse gases a year to obtain permits demonstrating they are using the best practices and technologies to minimize GHG emissions. EPA is considering
raising that threshold substantially to reflect input provided during the public comment process; and,
* EPA does not intend to subject smaller facilities to Clean Air Act permitting for greenhouse gas emissions any sooner than 2016.
To review the full text of Jackson's letter and the accompanying fact sheet, please visit: http://epa.gov/oar/pdfs/LPJ_letter.pdf
In response, Senator Jay D. Rockefeller IV, to whom Jackson's letter is addressed, issued the following statement: "I am glad to see that the EPA is showing some willingness to set their timetable for regulation in to the future - this is good progress but I am concerned it may not go far
enough. As I evaluate the EPA's letter, I remain committed to presenting legislation that would provide Congress the space it needs to craft a workable policy that will protect jobs and stimulate the economy."
Senator Rockefeller's full statement is available at: http://rockefeller.senate.gov/press/record.cfm?id=322406&
