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4/21/2009
EPA Releases Proposed Endangerment Finding

On April 17, 2009, EPA released its proposed endangerment finding for greenhouse gases (GHGs) under the Clean Air Act. Under the proposed action, EPA would find the following:

  • That the combined current and projected atmospheric concentrations of the six Kyoto Protocol GHGs (CO2, CH4, N2O, HFCs, PFCs, and SF6) are a threat to the public health and welfare of current and future generations; and
  • That the combined emissions of CO2, CH4, N2O, and HFCs from new motor vehicles and engines contribute to the atmospheric concentration of these GHGs and the threat posed by climate change.

The proposed action would not trigger regulation of GHGs under the entire Clean Air Act and would not impose requirements on industry. This proposed finding is in response to the April 2007 Supreme Court decision in Massachusetts v. EPA.

Once the proposed finding is published in the Federal Register, there will be a 60-day public comment period. The proposed endangerment finding and technical support documents can be accessed here.

MJB&A's summary is available here.

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