Climate 411

New paper outlines the legal foundations for strong Carbon Pollution Standards for power plants

By / Bio / Published: October 4, 2013

On June 25th, at Georgetown University, President Barack Obama issued a stirring call to action on climate change, saying:

As a president, as a father and as an American, I am here to say we need to act.  I refuse to condemn your generation and future generations to a planet that’s beyond fixing.

In that speech, President Obama announced his Climate Action Plan — a suite of actions that his Administration will take to curb dangerous emissions of heat-trapping pollutants.

In that Climate Action Plan, the President directed the Environmental Protection Agency (EPA) to develop Carbon Pollution Standards for new and existing power plants.

Power plants are the largest source of greenhouse gases in America, and there are currently no federal limits on the amount of climate-destabilizing pollutants that these plants can put into the air.

Unfortunately, but not surprisingly, the attacks on the Carbon Pollution Standards had begun months earlier.

Those attacks included the usual sensational, defeatist, and wholly-unsupported claims designed to delay, deny, and obstruct progress.

Quieter but no less sensational are the attacks launched by the lawyers of obstructionist fossil fuel interests. Hunton & Williams, on behalf of the opaque Utility Air Regulatory Group, is leading the pack.

The legal attacks on the standards for existing power plants effectively boil down to this:

  1. EPA does not have the authority under the Clean Air Act to establish any actual limits on carbon pollution.
  2. If EPA does have that authority, there are no demonstrated measures to reduce carbon pollution from power plants, so any required emission reductions must at most be “minimal.”

We disagree. 

In this white paper, we lay out the legal foundation for EPA’s authority to work with the states to ensure implementation of strong and cost-effective Carbon Pollution Standards for existing power plants.

These standards can support our nation’s transition to a cleaner, safer, smarter power infrastructure and deliver the reductions in carbon pollution we so urgently need.

In the President’s words:

Our progress here will be measured differently, in crises averted, in a planet preserved. But can we imagine a more worthy goal? For while we may not live to see the full realization of our ambition, we will have the satisfaction of knowing that the world we leave to our children will be better off for what we did.

America is united by these hopes and dreams for a better world. Thanks to the ingenuity of our engineers and inventors, and the skill of our workers, the solutions are at hand to build a cleaner power sector and to use energy more efficiently.

The Clean Air Act provides a framework under which EPA and the states can work together to deploy these solutions. We need only work together — in red states, blue states and purple states alike — to meet this challenge.

Also posted in Greenhouse Gas Emissions, Policy, What Others are Saying / Comments are closed

Widespread Support for Proposed New Carbon Pollution Limits on Power Plants

By / Bio / Published: September 23, 2013

On Friday, the Environmental Protection Agency (EPA) released its historic standards to limit carbon pollution from new power plants, helping ensure cleaner power for the future that will help us meet our climate goals.

These proposed standards will serve as the first ever national limit on carbon pollution from the nation’s largest source of emissions.

The reality of climate change has driven broad and diverse constituencies to raise their voices in support of action to reduce carbon pollution. Health groups, power companies, environmental justice groups, Latino groups, businesses, labor, moms, environmental groups, investors, and the NAACP have expressed support for EPA’s carbon pollution standards for new power plants.

Here is a round-up of just a few statements made on last week’s historic announcement:

Addressing carbon pollution will help protect public health. Higher temperatures can enhance the conditions for ozone (smog) formation. Even with the steps that are in place to reduce smog, evidence warns that changes in climate are likely to increase the risk of unhealthy smog levels in the future in large parts of the United States. More smog means more childhood asthma attacks and complications for others with lung disease.

These updated standards to limit carbon pollution from new power plants will help fight climate change; spur our economy to innovate and move to cleaner, renewable sources of energy; and help the American economy become more energy efficient in the years to come. The rules are an important part of President Obama’s comprehensive plan for responding to the threat of climate change that will create and maintain jobs all across the economy.

…Calpine supports the U.S. Environmental Protection Agency’s (EPA’s) efforts to regulate GHG emissions as mandated under the Clean Air Act. The newly proposed GHG New Source Performance Standard for new electric generating plants is an important first step in the EPA’s plans to address climate change.

Climate change could add as much as 10% to portfolio-wide risk in the next two decades, putting trillions of dollars of institutional investors’ assets at risk…These new standards will reinforce what forward-looking investors already know: that climate change poses real financial risks and opportunities and that the future of the electric power sector depends on investing in cleaner technologies and more efficient resources – investments that create jobs and economic benefits.

This is another major step forward to protect future generations from deadly pollution… Forty percent of all energy-related emissions of greenhouse gases in 2012 came from power plants, and most of that came from coal-burning power plants. This pollution has the most harmful effect on low-income communities and communities of color.

Generations of Latino ranchers, farmers and farmworkers have played a fundamental role in our agricultural economy… As farmers and ranchers, we have experienced the ravages of climate change first-hand. Droughts and floods have devastated our crops and land, threatening our livelihoods and our ability to continue to provide healthy fruits and vegetables to households across the U.S… The EPA’s announcement today is a first step in combatting the real consequences of climate change that are impacting our communities and we are ready to be a part of the solution.

While we would have preferred that Congress enact legislation limiting greenhouse gas emissions, today’s action by EPA takes an important first step in establishing standards for new electric power plants that will provide certainty for the industry and the framework for Agency action on existing plants.

The new standards will reinforce what forward-looking companies already know: that climate change poses real financial risks and opportunities and that the future of the electric power sector depends on investing in cleaner technologies and more efficient resources – investments that create jobs and economic benefits.

The far-reaching effects of climate change will be felt throughout our society, in our economy and day-to-day lives.

The health impacts of climate change are apparent as temperatures rise. Higher temperatures mean more deadly ozone pollution.

The costs of extreme weather, from Hurricane Sandy to recent flooding in Colorado, provide a glimpse of the threat to human life and the economic costs associated with these events — which are more likely to occur and be worsened by climate change.

It is clear that the human and economic costs of climate change are growing.

Please send a note to EPA supporting these new historic standards.

Also posted in Greenhouse Gas Emissions, News, Policy, What Others are Saying / Comments are closed

Setting the Record Straight: EPA Has Ample Authority To Protect us from Carbon Pollution

By / Bio / Published: September 20, 2013

(This post originally appeared on EDF Voices)

By Megan Ceronsky, Tomas Carbonell and Peter Heisler.

Source: evanbrennan/flickr

Even though they account for 40 percent of U.S. emissions of harmful carbon pollution, fossil fuel-fired power plants are currently subject to no national limits on the amount of such pollution they emit. Drawing on the same Clean Air Act tools it has previously used to regulate other pollutants, the U.S. Environmental Protection Agency (EPA) is working to put in place common-sense standards for carbon pollution from new and existing power plants.

Recently, a group of state attorneys general[1] issued a White Paper challenging EPA’s authority to establish minimum emission performance standards for carbon pollution from existing power plants under Section 111(d) of the Clean Air Act, and to issue rigorous standards for new power plants that are based on advanced technologies such as carbon capture and storage. This attack on EPA’s well-established authority to administer the Clean Air Act is legally unfounded and a misguided attempt to obstruct urgently-needed and long-delayed limits on carbon pollution from our nation’s largest source.

Background

On June 25, 2013, President Obama called on EPA to exercise well-established authority under Section 111 of the Clean Air Act to establish common-sense limits on carbon pollution from both new and existing power plants. A proposed rule that would implement the nation’s first limits on carbon pollution for new plants under Section 111(b) is due to be released for public comment by September 20th. At the same time, EPA has been reaching out to a diverse group of stakeholders—including state policy makers and energy regulators, industry, and the environmental community—to seek input as they begin to develop proposed emission guidelines for existing power plants under Section 111(d). These emission guidelines will set out the environmental performance criteria that state plans to implement Carbon Pollution Standards for existing power plants must meet to satisfy the Clean Air Act.

EPA’s authority to establish environmental performance criteria for state plans under Section 111(d) is firmly grounded in the statute and no longer open to legal attack.

The argument that Section 111(d) authorizes EPA to issue only procedural requirements for state plans to implement emission standards for existing pollution sources is not new; it revives an industry interpretation of the Act that EPA considered and rejected in 1975, when the Agency first undertook a rulemaking to implement Section 111(d). There, EPA carefully analyzed the language, purpose and legislative history of Section 111(d),[2] and concluded that all of these authorities supported its responsibility to ensure that states plans meet environmental performance targets.  The Agency has consistently adhered to this interpretation for almost 40 years while putting in place Section 111(d) emission guidelines for a number of major sources of harmful air pollution including municipal solid waste landfills, municipal waste combustors, and sulfuric acid plants.[3]  EPA’s authority to issue environmental performance requirements for state plans is no longer open to question or legal attack.[4]

EPA’s longstanding interpretation of Section 111(d) as providing for EPA to establish substantive criteria for state plans is firmly anchored in the statutory language and the structure of Section 111.  The White Paper’s assertion that States select the “best system of emission reduction” misreads the plain language of section 111(a)(1) of the statute, which specifically directs the EPA Administrator to identify the most effective (“best”) system of emission reduction that has been “adequately demonstrated,” considering cost, effects on energy, and other environmental effects.  The Act further provides that the standards of performance for existing sources must “reflect[] the degree of emission limitation achievable” under that best system.[5]

Under Section 111(d), EPA is directed to review state plans to determine whether or not the plans are “satisfactory.”  EPA’s assessment during this review is based on whether the state plans meet the statutory criteria of establishing a “standard for emissions” that “reflects the degree of emission limitation achievable” under the “best system of emission reduction” that “the Administrator determines has been adequately demonstrated.”[6]  The emission guidelines issued by EPA lay out the information States will need to establish plans and standards of performance that will satisfy the statutory criteria, identifying the “best system of emission reduction” and the emission reductions achievable through application of that system. Although states have the flexibility to use other systems, they must achieve equal or greater emission reductions as the “best” system would achieve.  Section 111(d) sets up a carefully balanced framework of cooperative federalism, in which EPA establishes emission guidelines and works with states to achieve emission reductions consistent with those guidelines.  As the Supreme Court recently explained, States issue Section 111(d) standards “in compliance with [EPA] guidelines and subject to federal oversight.”[7]

Section 111(d)’s direction that EPA put in place a process like that in Section 110 for the submittal and review of state plans likewise confirms EPA’s role in setting emission reduction performance requirements.  Under Section 110, States submit state implementation plans to achieve National Ambient Air Quality Standards for specified pollutants.  The safe level of ambient pollution is an expert, science-based determination made by EPA, and the efficacy of state plans in achieving that safe level of air quality is the critical basis for EPA review and approval of state implementation plans.[8]  EPA’s long-standing role under Section 111(d) in establishing the environmental performance criteria for state plans parallels the structure of Section 110, consistent with the statutory cross-reference to that provision.  And under both of these provisions, States are granted considerable flexibility to determine how best to meet those criteria.[9]

EPA has broad flexibility in assessing systems of emission reduction, including cutting-edge technologies that Section 111 was designed to stimulate.

The White Paper asserts that carbon capture and storage (CCS) is not yet widely deployed and that it therefore cannot be the “best system of emission reduction” for new coal-fired power plants.  But as the Senate committee that voted on Section 111 stated, Section 111 was designed to promote “constant improvement in techniques for preventing and controlling emissions from stationary sources,[10] and an emerging technology used as the basis for standards of performance need not “be in actual routine use somewhere.”[11]  In the 1970’s, Section 111 standards for sulfur dioxide emissions from power plants played a key role in driving the development and deployment of flue gas “scrubbers” — which was a novel technology installed at only three power plants at the time those standards were established.[12]  Projects such as Southern Company’s Plant Barry, Plant Daniel, and Kemper County facilities,[13] as well as AEP’s Mountaineer plant,[14]  have shown that CCS is a viable control technology in the power sector.  Indeed, the core technologies involved in CCS have been applied in other industries for decades.

Furthermore, contrary to the assertions of the White Paper, a “best system of emission reduction” for new power plants need not be identical to that for existing power plants – and EPA has flexibility to consider a variety of “systems,” not just technological end-of-pipe solutions, in crafting emission guidelines under section 111(d).   Although EPA was at one time limited to considering “technological” systems when setting standards for new sources, Congress has consistently used broad, flexible language in describing systems of emission reduction for existing sources.  It is consistent with this flexible language for EPA to consider cost-effective systems that reflect the unified nature of the electric grid by treating all fossil fuel fired power plants as an interconnected group, averaging emissions across plants, and recognizing changes in plant utilization that reduce emissions.  These strategies are not only valid “systems of emission reduction” under Section 111, they are also “adequately demonstrated” by the tremendous success that states and companies across the country have already shown in reducing carbon pollution through investing in low-carbon generation, harvesting demand-side energy efficiency, and utilizing lower-emitting fossil fuel-fired units.

Conclusion

We agree with the attorneys general that the States have a vital role in achieving emissions reductions under Section 111.  So does the Environmental Protection Agency.  Indeed, the leadership of both EPA and the states will be essential in cutting carbon pollution from existing fossil fuel power plants, EPA in establishing protective emission reduction requirements for carbon pollution and the States in deploying innovative solutions to secure these emission reductions.  EPA’s fulfillment of its long-overdue statutory responsibilities will establish the foundation for a vibrant partnership between EPA and the states, consistent with the Clean Air Act’s time-tested model of cooperative federalism, to finally place limits on the carbon pollution emitted by power plants and support the transition to cleaner, safer power for our nation, our states and our communities.

[1] The group included the Attorneys General from Alabama, Alaska, Arizona, Florida, Georgia, Kansas, Kentucky, Montana, Michigan, Nebraska, North Dakota, Oklahoma, and Wisconsin and the Commissioner from the Indiana Department of Environmental Management.

[2] 40 Fed. Reg. 55,340, 53,342-44 (Nov. 17, 1975).

[3] See Final Guideline Document Availability, 42 Fed. Reg.  12,022 (Mar. 1, 1977) (phosphate fertilizer plants); Emission Guideline for Sulfuric Acid Mist, 42 Fed. Reg. 55,796 (Oct. 18, 1977) (sulfuric acid plants); Kraft Pulp Mills, Final Guideline Document, Notice of Availability, 44 Fed. Reg. 29,828 (May 22, 1979) (kraft pulp mills); Primary Aluminum Plants, Availability of Final Guideline Document, 45 Fed. Reg. 26,294 (Apr. 17, 1980) (primary aluminum reduction plants); Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills, 61 Fed. Reg. 9,905 (Mar. 12, 1996) (municipal solid waste landfills);  Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Municipal Waste Combustors, 56 Fed. Reg. 5523 (Feb. 11, 1991) (Municipal Waste Combustors); 60 Fed. Reg. 65,387 (Dec. 19, 1995) (same); Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators, 62 Fed. Reg. 48,348 (Sept. 15, 1997) (Hospital/Medical/Infectious Waste Incinerators); Emission Guidelines for Existing Small Municipal Waste Combustion Units, 65 Fed. Reg. 76,378 (Dec. 6, 2000); Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units, 65 Fed. Reg. 75,338 (Dec. 1, 2000); Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units, 70 Fed. Reg. 74,870 (Dec. 16, 2005); Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units, 76 Fed. Reg. 15,372 (Mar. 21, 2011)

[4] See 42 U.S.C. § 7607(b) (barring challenges to Clean Air Act rulemakings more than 60 days after promulgation).

[5] Section 111(d) further provides that States are allowed to consider “remaining useful life” when applying performance standards to particular sources, but delegates to EPA the authority for delineating its consideration.

[6] 42 U.S.C. §§ 7411(d), 7411(a)(1).

[7] Am. Elec. Power Co. v. Connecticut, 131 S. Ct. 2527, 2537 (2011).

[8] 42 U.S.C. § 7410(k)(3).  Section 110 requires, inter alia, State plans to provide for “implementation, maintenance, and enforcement of” National Ambient Air Quality Standards, § 7410(a)(1), the use of emissions monitoring equipment as prescribed by EPA, § 7410(a)(2)(F), and any air quality monitoring requirements prescribed by EPA, § 7410(a)(2)(k).

[9] Section 116 of the Clean Air Act, which prohibits the States from adopting emission standards less stringent than those established under Section 111, further reinforces EPA’s central role in establishing substantive standards under Section 111(d).

[10] S. Rep. No. 91-1196, at 17 (1970).

[11] Id. at 16.  The D.C. Circuit has confirmed the appropriate role of section 111 standards in deploying innovative technologies on multiple occasions.  In Sierra Club v. Costle, 657 F.2d 298, 364 (D.C. Cir. 1981), the court stated: “[W]e believe EPA does have authority to hold the industry to a standard of improved design and operational advances, so long as there is substantial evidence that such improvements are feasible.”  In Portland Cement Association v. Ruckelshaus, 486 F.2d 375, 391 (D.C. Cir. 1973), the court “reject[ed] the suggestion of the cement manufacturers that the [Clean Air] Act’s requirement that emission limitations be ‘adequately demonstrated’ necessarily implies that any cement plant now in existence be able to meet the proposed standards.”   Indeed, the D.C. Circuit has explained that as EPA fulfills its innovation-forcing mandate, the Agency should be forward-looking when determining what systems of emission reduction are available: “Section 111 looks toward what may fairly be projected for the regulated future, rather than the state of the art at present.”[11]  To this end, EPA may make a reasonable “projection based on existing technology”[11] in identifying the “best system of emission reduction.”

[12] See Larry Parker & James E. McCarthy, Cong. Research Serv., R40585, Climate Change: Potential Regulation of Stationary Greenhouse Gas Sources Under the Clean Air Act 17-19 (2009) (noting Section 111 has been used to authorize control regimes that extended beyond the merely commercially available to those technologies that have only been demonstrated, and thus are considered by many to have been “technology-forcing.”).

[13] Southern Company Q2 Earnings Call (July 27, 2011), transcript available athttp://www.morningstar.com/earnings/PrintTranscript.aspx?id=28594632.

[14] American Electric Power Q2 2011 Earnings Call (July 29, 2011), transcript available athttp://www.morningstar.com/earnings/PrintTranscript.aspx?id=28688913 (AEP’s former CEO stated in this call that “carbon capture and storage is in fact a viable technology for the United States and quite honestly for the rest of the world going forward.”).

Also posted in Greenhouse Gas Emissions, Policy / Comments are closed

D.C. Circuit Court Rejects More Protective Ozone Standards

By / Bio / Published: August 6, 2013

(This post originally appeared on our Texas Clean Air Matters blog)

I’ve written extensively about the potentially grave health effects of ground-level ozone (smog) and the need for stronger standards to address ozone pollution.  In 2008, the EPA set a national standard for ozone at 75 parts per billion—despite the fact that the nation’s leading medical societies and the EPA’s own Clean Air Scientific Advisory Committee (CASAC) warned that the standard was not stringent enough to protect Americans from adverse health effects.  A number of U.S. cities and counties petitioned the EPA to amend the standards to sufficient levels.  EDF joined the call for common-sense ozone standards, partnering with the National Resources Defense Council, American Lung Association, National Parks Conservation Association, Appalachian Mountain Club and Earthjustice to press for a more protective standard.

Last week, a panel of the U.S. Court of Appeals for the D.C. Circuit rejected petitions for a more protective air quality standard for ground-level ozone.  The decision is deeply disappointing and in direct contradiction of ample scientific evidence showing the health hazards of ozone pollution at levels below the current standards.

Reasonable ozone standards are of particular importance to Texans.  Ozone tends to form from vehicle tailpipe emissions on hot sunny days—so it’s no surprise that a typical Texas summer day is a perfect incubator for ozone gas.  Texas has some of the highest ozone levels in the nation.  The American Lung association identified a number of Texas cities and counties as ozone danger areas—including Houston and Dallas, two of the largest cities in the United States.

Millions of Texans are exposed to dangerous ozone levels every summer.  Ozone can cause inflammation of the lungs, making breathing difficult or painful.  Increased lung irritation from ozone exacerbates asthma, emphysema, bronchitis and other respiratory diseases—increasing the risk of asthma attacks and other dangerous respiratory events.  Just a short period of moderate ozone exposure can push breathing problems over the edge; a 2010 study in the Journal of Allergy and Clinical Immunology reported a 19% increase in ICU admissions on higher ozone days.  Another study published in Environmental Research Letters linked short-term exposure to ozone with increased hospital emissions among the elderly.  And in Houston, researchers have demonstrated a significant increase in risk of heart attacks within just a few hours of exposure to ozone.

While today’s decision declined to establish a reasonable, protective standard on national ozone levels, the EPA should move forward with stronger standards as it conducts its legally-required review of the 2008 standard.  There are a number of proven, cost-effective solutions to protect Americans from the dangers of smog.  The EPA should mitigate ozone pollution at the source by finalizing the “Tier 3” tailpipe emission standards, which would have significant benefits for Texans and save billions in healthcare costs going forward.  At the same time, the EPA should strengthen emissions standards for other sources of ozone like oil and gas development activities and coal-fired power plants.

Texas’ combination of steady oil and gas development, hot summers, and millions of cars on the road increases the potential for generation of harmful levels of ozone. The Clean Air Act is our strongest lever to protect public health from the impacts of pollutants like ozone.  I am confident that the latest assessment of the standard will result in a standard that better reflects the scientific literature and more adequately protects public health.

Also posted in Health, Policy / Comments are closed

The Next Step in Defending EPA’s Historic Greenhouse Gas Rules

By / Published: July 23, 2013

EDF continues to defend the Environmental Protection Agency’s (EPA) historic greenhouse gas rules, this time against a petition to the Supreme Court.

A broad coalition of groups just asked the High Court to deny requests to review the unanimous D.C. Circuit Court of Appeals’ decision upholding those vital greenhouse gas rules.

The groups that filed briefs yesterday are:

These four short and succinct filings responded to hundreds of pages of industry petitions attacking EPA’s greenhouse gas standards.

Our briefs emphasize that there is no reason for the Supreme Court to re-decide issues addressed twice in the last five years, or to take up questions of statutory interpretation that have been resolved for more than thirty years.

As EPA put it, the greenhouse gas rules:

Represent … an unexceptional application of settled principles of statutory construction and administrative law.

Nine petitioners have asked the Supreme Court to re-hear the case, and an equal number of amici – or “friend of the court” – briefs have been filed.

Our opponents have presented the Court with a smorgasbord of claims, ranging from challenges to the fundamental science of climate change, to spurious suggestions that EPA shouldn’t set standards for reducing carbon pollution from cars unless it can singlehandedly and in one fell swoop solve the problem of climate change.

The petitioners complain, as they have before, about permitting rules for heavy polluters that require power plants, refineries, and other large industrial sources to consider common-sense energy efficiency measures before building new plants or remodeling old ones.

These arguments are old and tired.

The Supreme Court has twice concluded, in Massachusetts v. EPA and AEP v. Connecticut, that the Clean Air Act applies to greenhouse gases.

The vehicle rules being challenged now will reduce carbon pollution by almost one billion tons and provide America with monetary benefits of up to 1.2 trillion dollars.

And most important – these rules will protect our lives and health.

As EPA notes, by reducing carbon pollution now, these rules help avoid:

[A]n increase in heat-related deaths; an increase in respiratory illness and premature death relating to poor air quality; an increased risk of death, injury, and disease relating to extreme weather events; and an increase in food- and water-borne diseases.

Arguments attacking EPA’s statutory interpretation of permitting rules could have, and in many cases were, unsuccessfully made more than thirty years ago.

EPA, the states, and our environmental coalition all conveyed the same message to the Court — the petitions are much ado about nothing.

Our opponents imply that thousands or millions of businesses may be affected by EPA’s greenhouse gas rules.

In reality fewer than 200 sources — all of them large polluters — applied for permits for greenhouse gas emissions in the first two years of the program, and only handful of previously unregulated sources — all large sources of carbon pollution — have required permits.

EPA’s rules are clearly working as they should – to reduce greenhouse gas emissions from the biggest polluters.

We think that proves that the D.C. Circuit Court of Appeals’ decision upholding the historic greenhouse gas rules are far from cert-worthy.

We hope the Supreme Court will agree, and decline to re-hear the case.

(You can read more about the greenhouse gas rules and find all the legal briefs, on our website)

Also posted in Cars and Pollution, Greenhouse Gas Emissions, Policy / Comments are closed

The Tier 3 Vehicle and Fuel Emissions Standards: Benefits from Day One

By / Bio / Published: July 8, 2013

The comment period for the Tier 3 vehicle and fuel emission standards has now closed and hundreds of thousands of Americans have weighed in to support these important, lifesaving clean air standards.

Many, many thanks to the almost 336,000 of you who submitted comments through EDF’s website or through our friends and colleagues’ websites.

Those friends and colleagues include numerous groups representing health care, the environment, faith, business, labor, and moms — and they’ve all stated their support of the Tier 3 standards.

The Environmental Protection Agency (EPA) now has to get to work reviewing and responding to the comments and crafting the final standards.

We expect EPA will finalize the standards by the end of the year, enabling automakers to gear up to meet the standards.

Organizations representing domestic and international automobile interests were among the many groups I mentioned that submitted comments to EPA. Their comments demonstrate the ability of the industry to meet strong vehicle and fuel emission standards.

The Alliance of Automobile Manufacturers and the Association of Global Automakers also commented on the benefits of strong Tier 3 standards — benefits that begin from day one:

“Sulfur inhibits the catalytic converter’s ability to reduce vehicle emissions, so lower sulfur at the pump means fewer exhaust emissions in the air. And because lower sulfur reduces emissions from all vehicles, the proposed sulfur reductions would achieve Day One benefits, immediately reducing emissions from every gasoline-powered vehicle on our roads, no matter how old.”

Labor groups like the United Auto Workers also weighed in:

“[Tier 3] standards will create jobs and are estimated to prevent thousands of deaths each year, in turn providing billions of dollars in public healthcare savings …We call for an immediate finalization of the proposed Tier 3 rules and the use of similar widely-beneficial regulations to ensure our commitment to creating the next generation of clean and efficient vehicles.”

A broad coalition of health organizations — including the American Academy of Pediatrics, the American Heart Association, the American Lung Association, the American Public Health Association, the American Thoracic Society, the Asthma and Allergy Foundation of America, Trust for America’s Health, Healthcare Without Harm, and the National Association of City and County Health Officials – had this to say:

“These standards are urgently needed and will help protect the health of millions of Americans who continue to breathe unsafe air … Abundant scientific evidence exists on the health effects of ozone, particulate matter and other pollutants from tailpipe exhaust. Tier 3 standards will be effective tools to reduce such pollution and improve air quality.”

The broad support for these common-sense standards demonstrates, once again, the unique intersection of clean air as a value for diverse American citizens, communities and businesses – a value that will have benefits for all, from day one.

Also posted in Cars and Pollution, Policy, What Others are Saying / Comments are closed