Control of Emissions From New and In-use Highway Vehicles and
Engines
[Federal Register: January 23, 2001 (Volume 66, Number 15)]
[Notices]
[Page 7486-7487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja01-51]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6935-9]
Control of Emissions From New and In-use Highway Vehicles and
Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for comment.
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SUMMARY: EPA requests public comment on a petition submitted by the
International Center for Technology Assessment (CTA)and a number of
other groups. The petition requests that EPA regulate emissions of
carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), and
hydrofluorocarbons (HFCs) from new motor vehicles and engines under
section 202(a)(1) of the Clean Air Act (CAA or Act). The petitioners
assert that emissions of these greenhouse gases contribute to global
warming which may reasonably be anticipated to endanger public health
and welfare. EPA has already received requests from a variety of
stakeholders asking that we provide an opportunity to comment on this
petition. To ensure wide exposure of the issues presented in the
petition, EPA today requests comment on the issues raised by the
petition and how EPA should respond to the petition. EPA has already
established a public docket, and a number of comments on the petition
have already been submitted and are available for inspection and public
comment. The documents include several comments in opposition to the
petition, including comments submitted by the Center for Regulatory
Effectiveness, the American Petroleum Institute on behalf of 26
associations, and other commenters.
DATES: Comments must be received on or before May 23, 2001.
ADDRESSES: Interested parties may submit written comments (in
triplicate if possible) to: EPA Air and Radiation Docket, Attention
Docket No. A-2000-04, Room M-1500 (Mail Code-6102), 401 M St., SW,
Washington, DC 20460.
Comments may also be submitted by electronic mail to: A-and-R-
Docket@epa.gov. The docket may be inspected at this location from 8:30
a.m. until 5:30 p.m. weekdays. Docket information may also be obtained
by calling (202) 260-7548. As provided in 40 CFR part 2, EPA may charge
a reasonable fee for photocopying.
FOR FURTHER INFORMATION CONTACT: Debbie Wood, Office of Transportation
and Air Quality, Transportation and Regional Programs Division, (202)
564-8991.
SUPPLEMENTARY INFORMATION:
I. Summary of the Petition
On October 20, 1999, CTA, heading a coalition of 19 groups,\1\
petitioned EPA to regulate certain greenhouse gas emissions from new
motor vehicles and engines under section 202(a)(1) of the Clean Air
Act. The petition, submitted pursuant to the First Amendment, the
Administrative Procedure Act, and the Clean Air Act, requests that EPA
regulate CO2, CH4, N2O, and HFC emissions from new motor vehicles and
engines. Petitioners state that U.S. mobile sources are responsible for
a significant amount of greenhouse gas emissions. Petitioners urge EPA
to reduce adverse human health and environmental effects from global
warming by regulating these emissions.
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\1\ Alliance for Sustainable Communities, Applied Power
Technologies, Bio Fuels America, California Solar Energy Industries,
Clements Environmental Corporation, Environmental Advocates,
Environmental and Energy Study Institutes, Friends of the Earth,
Full Circle Energy Project, Inc., Green Party of Rhode Island,
Greenpeace U.S.A., Network for Environmental and Economic
Responsibility of the United Church of Christ, New Jersey
Environmental Watch, New Mexico Solar Energy Association, Oregon
Environmental Council, Public Citizen, Solar Energy Industries
Association, the SUN DAY Campaign.
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Petitioners argue that EPA must regulate greenhouse gas emissions
from new motor vehicles and engines under CAA section 202(a)(1). First,
they assert that the four greenhouse gases listed above constitute
``air pollutants'' as defined by the Act in section 302(g). Second,
they argue that the emission of greenhouse gases contributes to
pollution that is reasonably anticipated to endanger public health and
welfare, the criteria for regulation under section 202(a)(1).
[[Page 7487]]
Section 202(a)(1) directs the Administrator to:
* * * by regulation prescribe (and from time to time revise) in
accordance with the provisions of this section, standards applicable
to the emission of any air pollutant from any class or classes of
new motor vehicles or new motor vehicle engines, which in his
judgment cause, or contribute to, air pollution which may be
reasonably anticipated to endanger public health or welfare.
Section 302(g) of the Act defines ``air pollutant'' as ``any air
pollution agent or combination of such agents, including any physical,
chemical, biological, radioactive * * * substance or matter which is
emitted into or otherwise enters the ambient air.''
Petitioners state that the four greenhouse gases identified in
their petition have been determined to accelerate global warming. In
addition, they argue that CO2 has already been determined by EPA to be
an air pollutant.\2\ Thus, they conclude that all four greenhouse gases
meet the definition of ``air pollutant'' under section 302(g).
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\2\ Petitioners cite the memorandum from Jonathan Z. Cannon,
General Counsel to Carol Browner, Administrator, entitle ``EPA's
Authority to Regulate Pollutants Emitted by Electric Power
gneraltion Sources,'' April 10, 1998. EPA prepared this opinion in
response to a Congressional request. The opinion states that each of
four substances emitted from electric power generating units, sulfur
dioxide, nitrogen oxides, mercury, and carbon dioxide, falls within
the definition of ``air pollutant'' under section 302(g) of the CAA.
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Further, petitioners assert that EPA must regulate these greenhouse
gas emissions from new motor vehicles and engines because they endanger
public health or welfare. Petitioners state that when determining what
constitutes an endangerment to public health or welfare, the CAA allows
the Administrator to make a precautionary decision to regulate a
pollutant that ``may reasonably be anticipated'' to endanger public
health or welfare. The petitioners point to statements by EPA and other
Federal agencies as a basis for findings that global warming caused by
these emissions may reasonably be anticipated to endanger public health
and welfare. The threats to public health listed by the petitioners
include increased occurrence of infectious, vector-borne and water-
borne diseases, as well as direct effects on human health from heat
stress, increased skin cancer, cataracts and immune system suppression.
The petitioners also seek EPA regulation of these greenhouse gases
on the basis that they may reasonably be anticipated to endanger public
welfare, as defined in the Clean Air Act. Section 302(h) provides:
All language referring to effects on welfare includes, but is
not limited to, effects on soils, water, crops, vegetation, man-made
materials, animals, wildlife, weather, visibility, and climate,
damage to and deterioration of property, and hazards to
transportation, as well as effects on economic values and on
personal comfort and well-being, whether caused by transformation,
conversion, or combination with other air pollutants.
Petitioners anticipate environmental harm from global warming to water
resources, rangelands, forests, wetlands, fisheries, and bird
populations. Petitioners also anticipate harm to human welfare in the
form of reduced food production, in part due to increased pest
populations, extreme weather, rising sea levels, reduced fresh water
quality and quantity, and increased air pollution and allergens.
Petitioners next argue that it is technically feasible to reduce
greenhouse gas emissions from new motor vehicles and engines. They
conclude that technology exists to reduce CO2 through increasing the
fuel efficiency of new vehicles. They also maintain that setting
standards would lead to rapid market introduction of hybrid-electric
and zero-emission vehicles.
Finally, petitioners maintain that the Administrator has a
mandatory duty to regulate greenhouse gas emissions, given EPA findings
to date. They further argue that ``the precautionary purpose of the CAA
supports'' regulating these gases even if the Agency believes there is
some scientific uncertainty regarding these issues. Petitioners cite
Lead Industries Assoc. Inc. v. EPA and Ethyl Corp v. EPA in support of
this principle (647 F.2d 1130 (DC Cir. 1980); 541 F.2d 1 (DC Cir.) (en
banc) cert. denied 426 U.S. 941 (1976).
II. Request for Comment
EPA requests comment on all the issues raised in CTA's petition for
regulation of emissions of greenhouse gases from new motor vehicles and
engines under CAA section 202(a)(1). In particular, EPA requests
comment on any scientific, technical, legal, economic or other aspect
of these issues that may be relevant to EPA's consideration of this
petition. EPA has not yet made any decisions on how to respond to this
petition, apart from the decision to request public comment. A full
copy of the CTA Petition and all supporting materials can be found in
the docket for this action.
Dated: January 12, 2001.
Robert Perciasepe,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 01-1979 Filed 1-22-01; 8:45 am]
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