[Federal Register Volume 66, Number 15 (Tuesday, January 23, 2001)]
[Notices]
[Pages 7486-7487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1979]


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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: [email protected]. 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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