Skye
Well-Known Member
With the Environmental Protection Agency's (EPA) recision of the Endangerment and Cause or Contribute findings this week, I wanted to know more of the history, legislative and legal processes that brought us here, and, what could happen moving forward. What follows is a summary, along with references.
I'd encourage anyone to go to YouTube and listen to the President's and EPA Administrator's announcement on the recision of the findings which regulate GreenHouse Gases (GHGs). The presentation is about 30 minutes.
The Clean Air Act (CAA) was enacted by Congress in 1963, with some modifications since. The main focus of the legislation was establishing a national air quality standard. The CAA defined limits or banned a large list of chemicals, gases and pollutants from the air.
President Nixon established the EPA in 1970. Its charter is, "...to protect human health and the environment."
Also in 1970, Congress passed several amendments to the CAA, referred to as "Titles":
Title 1: air pollution by stationary sources
Title 2: air pollution by mobile sources (transportation)
Title 3: provisions allowing citizens to sue on behalf of their communities and environment
Title 4: involved the topic of noise pollution
Along with Title 2, you might also read or hear of, "Section 202 of the CAA"; this is a section in the legislation that refers to regulating motor vehicle emissions.
The EPA administrator set the first standard in the regulating of emissions from cars, trucks and buses in 1970.
Prior to the enactment of the CAA and the establishment of the EPA, there was no national standard for regulating pollutants. Businesses and industry could pretty much do as they pleased with respect to using, emitting and disposing of chemicals or pollutants, both liquid and gases.
Administrations following Nixon have since put their own levels of interest towards the EPA, the environment and regulation. Some have been more pro-business, others, pro-environment.
In the early 2000s, several pro-environmental groups and US states petitioned the EPA to regulate GHGs. Until then, the EPA was not specifically targeting GHGs, how they can affect the environment and human health. The EPA declined, stating they did not have authority to do so. The issue went to court, with the US Supreme Court ruling in 2007 the EPA did have authority to regulate GHGs and that GHGs have harmful effects to humans and the environment. It was a 5-4 decision. Massachusetts v. EPA.
The EPA took that ruling back, sat down and began roughing out what GHGs were most harmful to humans and the environment. The end result was what was rescinded this week: the "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act".
The findings established the regulation of six GHGs, all of which have been shown to either displace oxygen (preventing its uptake) in humans, trapping heat in the atmosphere and/or be long-lasting once emitted into the environment.
- Carbon dioxide: a by-product of burning fossil fuels
- Methane: principle ingredient of natural gas. See releases from drilling and pipeline operations
- Nitrous oxide: primarily from agricultural release, involving ammonium nitrate and fertilizers
- Hydrofluorocarbons: synthetic chemicals, often used in refrigeration
- Perfluorocarbons: a synthetic oil and forever chemical
- Sulfur hexafluoride: synthetic compound used as a dielectric and in semiconductor manufacturing
Sources of GHGs by sector of the economy:
Transportation: 30%
Electric power generation: 24%
Industry: 23%
Commercial/Residential: 14%
Agriculture: 10%
With the recision of the findings this week, I expect the issue to return to the courts. To the plaintiffs, threats to public health and the environment will form the core of their argument. To the EPA, theirs will be the juice hasn't been worth the squeeze, that, while lives and the environment have improved, the impediments to business and the economy have been greater. These are not my words. Please watch the presentation by POTUS and the EPA Administrator.
So with respect to the law, nothing has changed. The existing statutes dictate the EPA regulate GHGs. Future court proceedings could affirm, change or remove that requirement.
To the auto industry, nothing has changed. They are not going to be altering their emissions systems until they receive clear guidance from the courts. Manufacturers also have to consider their customer base, both here and overseas. While the way forward in the US might be a question mark, other countries are not in the process of changing their ICE standards.
Regarding the potential savings of $2,400 per household, that's a very broad and opaque statement. The implication is that virtually every emissions control in the transportation sector would be removed. I doubt that's possible. Or even practical. Vehicles and products we use today are often engineered as systems, something more than the sum of their parts. Remove one bit, other pieces will need to be adjusted or re-engineered. Changes to operating costs also have to be considered.
The implications of what could happen are large. While we're focusing on the automotive sector in-general and the Mustang in-particular, GHGs are emitted by anything using fossil fuels. See the energy mining, refining and production sector, the installation of hundreds, if not thousands of Bitcoin mining operations and Artificial Intelligence (AI) data centers in the US alone. The changes could fundamentally alter air quality throughout the US.
With respect to the statements on lowering the price of electricity by ridding ourselves of the findings, it's difficult to see that. Price increases have been primarily driven by data centers needing energy. These projects are so large, operators supporting the entire state of Texas have to discuss the required changes for everyone to co-exist; that's how big in scale and energy-hungry some of these projects are. Study the electrical grid in your area, how operators are coping with these new requirements and loads. Look for discussions involving the electrical operators and customers. Arizona, Texas and Virginia are a few.
"Data centers are building their own power plants". In some instances, true. But I'd encourage you to read-up what these "power plants" are comprised of: often gas turbine or even diesel generators operating on truck flat beds. The companies running these centers have studied the existing regulations. They know if they install a generator of a certain size, a certain way, the device/s is unregulated. Even if considered a short-term fix, these generators will operate 24/7 for years before something else is built. See what's happening in your state.
Regarding timelines, I suspect any of this will take several years. In the initial petition and later court proceedings which produced the EPA findings, that process took five-plus years. It took the Administration a year to determine they had enough legal standing to attempt to rescind the findings in the first place.
https://en.wikipedia.org/wiki/Clean_Air_Act_(United_States)
https://www.congress.gov/crs-product/RL30853
https://cdxapps.epa.gov/oms-substance-registry-services/substance-list-details/144
https://bclawreview.bc.edu/articles/2101/files/63d77a544d587.pdf
https://en.wikipedia.org/wiki/Massachusetts_v._EPA
https://www.epa.gov/climate-change/...-findings-greenhouse-gases-under-section-202a
I'd encourage anyone to go to YouTube and listen to the President's and EPA Administrator's announcement on the recision of the findings which regulate GreenHouse Gases (GHGs). The presentation is about 30 minutes.
The Clean Air Act (CAA) was enacted by Congress in 1963, with some modifications since. The main focus of the legislation was establishing a national air quality standard. The CAA defined limits or banned a large list of chemicals, gases and pollutants from the air.
President Nixon established the EPA in 1970. Its charter is, "...to protect human health and the environment."
Also in 1970, Congress passed several amendments to the CAA, referred to as "Titles":
Title 1: air pollution by stationary sources
Title 2: air pollution by mobile sources (transportation)
Title 3: provisions allowing citizens to sue on behalf of their communities and environment
Title 4: involved the topic of noise pollution
Along with Title 2, you might also read or hear of, "Section 202 of the CAA"; this is a section in the legislation that refers to regulating motor vehicle emissions.
The EPA administrator set the first standard in the regulating of emissions from cars, trucks and buses in 1970.
Prior to the enactment of the CAA and the establishment of the EPA, there was no national standard for regulating pollutants. Businesses and industry could pretty much do as they pleased with respect to using, emitting and disposing of chemicals or pollutants, both liquid and gases.
Administrations following Nixon have since put their own levels of interest towards the EPA, the environment and regulation. Some have been more pro-business, others, pro-environment.
In the early 2000s, several pro-environmental groups and US states petitioned the EPA to regulate GHGs. Until then, the EPA was not specifically targeting GHGs, how they can affect the environment and human health. The EPA declined, stating they did not have authority to do so. The issue went to court, with the US Supreme Court ruling in 2007 the EPA did have authority to regulate GHGs and that GHGs have harmful effects to humans and the environment. It was a 5-4 decision. Massachusetts v. EPA.
The EPA took that ruling back, sat down and began roughing out what GHGs were most harmful to humans and the environment. The end result was what was rescinded this week: the "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act".
The findings established the regulation of six GHGs, all of which have been shown to either displace oxygen (preventing its uptake) in humans, trapping heat in the atmosphere and/or be long-lasting once emitted into the environment.
- Carbon dioxide: a by-product of burning fossil fuels
- Methane: principle ingredient of natural gas. See releases from drilling and pipeline operations
- Nitrous oxide: primarily from agricultural release, involving ammonium nitrate and fertilizers
- Hydrofluorocarbons: synthetic chemicals, often used in refrigeration
- Perfluorocarbons: a synthetic oil and forever chemical
- Sulfur hexafluoride: synthetic compound used as a dielectric and in semiconductor manufacturing
Sources of GHGs by sector of the economy:
Transportation: 30%
Electric power generation: 24%
Industry: 23%
Commercial/Residential: 14%
Agriculture: 10%
With the recision of the findings this week, I expect the issue to return to the courts. To the plaintiffs, threats to public health and the environment will form the core of their argument. To the EPA, theirs will be the juice hasn't been worth the squeeze, that, while lives and the environment have improved, the impediments to business and the economy have been greater. These are not my words. Please watch the presentation by POTUS and the EPA Administrator.
So with respect to the law, nothing has changed. The existing statutes dictate the EPA regulate GHGs. Future court proceedings could affirm, change or remove that requirement.
To the auto industry, nothing has changed. They are not going to be altering their emissions systems until they receive clear guidance from the courts. Manufacturers also have to consider their customer base, both here and overseas. While the way forward in the US might be a question mark, other countries are not in the process of changing their ICE standards.
Regarding the potential savings of $2,400 per household, that's a very broad and opaque statement. The implication is that virtually every emissions control in the transportation sector would be removed. I doubt that's possible. Or even practical. Vehicles and products we use today are often engineered as systems, something more than the sum of their parts. Remove one bit, other pieces will need to be adjusted or re-engineered. Changes to operating costs also have to be considered.
The implications of what could happen are large. While we're focusing on the automotive sector in-general and the Mustang in-particular, GHGs are emitted by anything using fossil fuels. See the energy mining, refining and production sector, the installation of hundreds, if not thousands of Bitcoin mining operations and Artificial Intelligence (AI) data centers in the US alone. The changes could fundamentally alter air quality throughout the US.
With respect to the statements on lowering the price of electricity by ridding ourselves of the findings, it's difficult to see that. Price increases have been primarily driven by data centers needing energy. These projects are so large, operators supporting the entire state of Texas have to discuss the required changes for everyone to co-exist; that's how big in scale and energy-hungry some of these projects are. Study the electrical grid in your area, how operators are coping with these new requirements and loads. Look for discussions involving the electrical operators and customers. Arizona, Texas and Virginia are a few.
"Data centers are building their own power plants". In some instances, true. But I'd encourage you to read-up what these "power plants" are comprised of: often gas turbine or even diesel generators operating on truck flat beds. The companies running these centers have studied the existing regulations. They know if they install a generator of a certain size, a certain way, the device/s is unregulated. Even if considered a short-term fix, these generators will operate 24/7 for years before something else is built. See what's happening in your state.
Regarding timelines, I suspect any of this will take several years. In the initial petition and later court proceedings which produced the EPA findings, that process took five-plus years. It took the Administration a year to determine they had enough legal standing to attempt to rescind the findings in the first place.
https://en.wikipedia.org/wiki/Clean_Air_Act_(United_States)
https://www.congress.gov/crs-product/RL30853
https://cdxapps.epa.gov/oms-substance-registry-services/substance-list-details/144
https://bclawreview.bc.edu/articles/2101/files/63d77a544d587.pdf
https://en.wikipedia.org/wiki/Massachusetts_v._EPA
https://www.epa.gov/climate-change/...-findings-greenhouse-gases-under-section-202a
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