EPA Clean Air Act Authority FOIA Email 8.28.03 (g)

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RECORD TYPE: FEDERAL (NOTES MAIL)
CEQI
3.Fdek/O=E/=[PEcag
CREATOR:Debbie S. Fiddelke ( CN=Debbie
2003 16:06:12.00
CREATION DATE/TTME:28-AUG-
byepa
SUBJECT:: Re: co2 talking points sent
CEQI
TO:Dana M. PeriflO ( CN=Dana M. Perino/CU=CEQ/O=EOP@EOP[
READ :UNKNOWN
TEXT:
Thanks!I
---- Original Message ---
From:Dafla M. Perino/CEQ/EOP
To:Debbie S. Fiddelke/CEQ/EOP@EOP
Cc:
Date: 08/28/2003 03:34:55 PM
Subject: co2 talking points sent by epa
E A to Regulate
Notice of Denial of the Petition for
Greenhouse Gas (GHG) Emissions from Mo or vehicles
8/28/ 03
notice denying a
Action: EPA today (August 28, 2003) signed a
e issions from motor vehicles. The
petition to regulate greenhouse gas gas emissions from
Agency is denying the petition to regulate greenhouse
motor vehicles for three reasons.
Act to
1) EPA lacks aut ority under the Clean Air
s for climate change purposes;
regulate C02 and other greenhouse gas
vehicle
2) The only practical way to reduce motor
Economy, which is a task that
emissions of C02 is to regulate fuel
Congress has already assigned to DOT; and
gas
3) EPA believes that regulating greenhouse
be inappropriate at this time.
emissions from motor vehicles would
to the reasons.)
(See additional point below related
nced an aggressive approach to
In February 2002, President Bush anno
ges substantial voluntary reductions
addressing climate change that encour
omy improvements:
in GHG intensity and pursues fuel eco
reducing the GHG
This approach sets a aational goal of
rcent over the next ten years. This
intensity of the U.S. economy by 18 p of GH-G emissions and,
strategy sets the U.S. on a path to slow the growth
then reverse that growth.
as the science justifies, to stop and
and
< ~In taking prudent environmental action at home
and effective long-term
abroad, the U.S. is advancing a realistic
short-term measures whose benefit is
approach, rather than adopting costl?
uncertain.
research, and
< This policy supports vital climate change
by investing in science, technology,
lays the groundwork for future actio
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and institutions.
< ~In addition, the Presi ent=s policy emphasizes
other nations to
international cooperation and promotes working with
global climate change.
develop an efficient and coordinated r sponse to
< ~EPA is building effici nt and effective market-driven
contribution to climate
programs that address the transportati n sector=s
change. These programs include Climate Leaders, Energy Star, Smartway and
Best Workplaces for Commuters.
< ~In February 20(2, EPA launched Climate Leaders, a
companies work with
voluntary industry- government partner hip under which
EPA to evaluate their GHG emissions, s t aggressive reduction goals, and
To date, more than 40
report their progress toward meeting t ose goals.
industry sectors have
companies from almost all the most energy-intensive
joined.
< ~EPA=s Energy S ar is a voluntary labeling program
and consumers about the
that provides critical information to Dusinesses
energy efficiency of the products they purchase. Reductions in GHGi
to removing 10
emissions from Energy Star purchases ware equivalent
million cars from the road last year.
< ~The Smartway transport partnership works with the
and more efficient
trucking and railroad industry to achi ye cleaner
vehicles and locomotives by adopting pollution control and energy saving
technologies. Smartway partners will develop and deploy
substantial fuel
fuel-efficient technologies and practices to achieve
savings and emission reductions. Idling strategies alone have the
per year, while
potential to save 1 billion gallons of diesel fuel
reducing greenhouse gases by 2.5 MYMTCE and NOx by 200,000 tons.
< ~ Best WorkplaCE for Commuters offers innovative
trips and miles
solutions to commuting in order to re uce vehicle
traveled. We expect that 3.7 million employees will be covered by this
program in 2005.
< ~EPA will also play a leadership role in advancing fuel
to support the
cell vehicle and hydrogen fuel techno ogies and policies
U.S. environmental, energy and nation 1 security goals.
(3) above:
Additional talking points relating to (1), (2) and
<No CAA provision spec fically authorizes climate change
but these are limited
regulation. A few sections mention c imate change,
to non-regulatory measures.
<Congress has taken UP the issue of climate change
enacted legislation
numerous times over the past few year , but has not
for climate change
that gives EPA authority to regulate 3HO emissions
purposes.
< Regulation of C02 and other CGHls for climate change
and societal
purposes would have enormous economic, practical,
implications, which certainly were not envisioned when the CAA was enacted
and amended.
for
<Under these circumstances, it would be inappropriate
EPA to search for authority to regulate in an existing statute that was
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climate change
or enacted to leal with the
not specifically designed
issue.
the ACanflon Memo@]
< ~[In case questions come pconcerninlg to address
does not aut orize regulation
In determininlg that the CAA by its current General
the conclusi n reached
climate change, EPA adopted and
reviewing relevant legal authorities Counsels
Counsel in a legal opinion former EPA General
statements of two
withdrawing the opinion and
who served in the prior Administration..
motor vehicle fuel
< ~Congress entrusted regulation of by EPA under the CAA
C02 emission standards set
economy to DOT, not EPA. set by DOT under the
fuel economy standards
would effectively supplant pra tical way of reducing
vehicle C02
Energy Policy Act, because the only
economy.
emissions is to increase fuel
for motor vehicles at
< Est ablishing 0KG emission standards
5 to make
because i- would require EPA
this time would be premature, with ut the benefit of the studies
scientific and technical judgments technologies.
uncertainties and advance
being developed to reduce
would result in an
< Est~ablishing regulations now change issue,
to addressing the climate
inefficient, piecemeal approach of GHG emission
only one of many categories
because motor vehicles are
sources.
of motor vehicle GHG emissions
<Unilateral EPA regulation to
pers ade key developing countries
could also hamper U.S. efforts to econ mies.
their
reduce the GHG intensity of
Background of the Petition:
the International Center for
$ The petition was filed by and environmental
18 other tec ology, citizen
Technology Assessment and 1999.
advocacy groups October 20, EPA is obligated to regulate
$ The petition asserted hat 202(a) (1)
from mo or vehicles under Section
4 greenhouse gas (0HG) emissions
of the Clean Air Act. that Athe Administrator [of
$ Section 202(a) (1) provides
... in accordance with the provisions
EPA] shall by regulation prescribe of any air
applicable to the emission
of [section 202) , standards which in his
classes of new motor vehicle
*....
pollutant from any class or reasonably be
to, air pollution-,which may
judgment cause, or contribute health or welfare.@
anticipated to endanger public has a mandatory duty to
$ Petitioners claim that EPA EPA
cles under Section 202 because
regulate GHG emissions from motor veh
has already determined that: pollutants under the
$ C02 and other GH-10 are air
Clean Air Act; and contribute to
$ 0KG emissions from motor vehicles
anti ipated to endanger public health or
pollution that may reasonably-be
welfare. a
made findings that trigger
To the contrary, EPA has not regulation
even assuming the CAA authorized
mandatory duty under the CAA,
to address climate change. (Sierra Club and
$ ICTA and two other o ganizations for DC seeking
in the U.S. District Court
Greenpeace) have filed a lawsuit petition. Rather than engage in needless
£he
to compel EPA to respond to to take final action on the
and unproductive litigation, EPA has decided
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petition at this time.
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