U.S. Chamber Asks EPA to Reconsider Endangerment Finding

by | Mar 16, 2010

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emissions-2The U.S. Chamber of Commerce has filed a petition asking the EPA to reconsider the legal underpinning of its Endangerment Finding, which would open the door to emissions regulations. At the same time, the EPA continues studying its own plan for a cap-and-trade plan.

The Chamber of Commerce on March 15 filed a petition because of new information that it says came to light after the close of the public comment period on the Endangerment Finding, reports FinChannel.

“The Chamber’s petition focuses exclusively on admissions made by the EPA and also by the Department of Transportation, and not on scientific issues related to climate change or endangerment,” said Steven Law, chief legal officer and general counsel of the chamber.

Law says the EPA itself has admitted that 6 million small facilities – including hospitals, small farms, restaurants, hotels and office buildings – would be subject to a permitting process.

That contradicts a recent statement from Lisa Jackson, EPA chief, however.

When greenhouse gas regulations start in 2011, EPA will focus on sources of 75,000 tons of emissions a year or more, which would include large factories and power plants, but exclude hospitals and many smaller manufacturing operations, EPA chief Lisa Jackson said March 3 before a Senate panel.

Anna Marie Wood, a senior policy analyst at EPA, recently said that the Obama administration would consider a carbon-trading system under existing Clean Air Act rules if Congress fails to pass cap-and-trade, according to Business Week.

Some expect the Senate to hammer out a compromise climate bill this week that includes some form of cap-and-trade.

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