Last Wednesday’s House Energy and Power Subcommittee hearing on the Energy Tax Prevention Act lived up to its billing as being the first clash between the new majority and minority on the committee. For eight hours, the Members opposing regulation argued that EPA was overstepping its authority in regulating greenhouse gas (GHG) emissions. They asserted that such action would kill jobs and harm the economy. Members supporting regulations argued that EPA is required to act and is doing so in the interest of public health.
The Energy Tax Prevention Act, a draft proposal jointly released by Rep. Upton (R-MI), Rep. Whitfield (R-KY), and Sen. Inhofe (R-OK), would prevent EPA from regulating GHGs, remove GHGs from the Clean Air Act, and specifically repeal all actions related to climate change, including the scientific Endangerment Finding, the Tailoring Rule, New Source Review regulations, reporting requirements for GHG emissions, and proposed New Source Performance Standards. The lone exemption is the Clean Car rule, which would remain untouched.
February 15, 2011
By Eileen Claussen
This op-ed first appeared in Politico
A vocal contingent in the House is now attacking the current Environmental Protection Agency administrator for the very thing her predecessor in the Bush administration wanted to do.
EPA Administrator Stephen Johnson wrote a letter to President George W. Bush laying out the legal and scientific rationale for regulating greenhouse gases under the Clean Air Act. Johnson explained steps that the EPA would take to begin to do so.
Johnson’s letter surfaced last week at the House Energy and Power subcommittee hearing on proposed legislation to strip EPA’s authority to regulate greenhouse gas emissions.
Remarkably, it proved that Bush’s EPA administrator had reached the same conclusions and planned almost identical actions to what the current EPA administrator, Lisa Jackson, has begun implementing.
What exactly does Johnson tell Bush? He insists that the EPA must respond to the Supreme Court’s 2007 decision in Massachusetts v. EPA with a finding that greenhouse gases represent a risk to public health or welfare. This is EPA’s “endangerment finding,” which would be overturned by legislation now being proposed in the House.
Johnson also noted, “the latest climate change science does not permit a negative finding, nor does it permit a credible finding that we need to wait for more research.”
What is most telling is that Johnson states that a positive endangerment finding was “agreed to at the Cabinet-level meeting.” Apparently senior Bush administration officials agreed that climate change poses a risk to our nation’s public health and welfare.
Johnson describes his plan as “prudent and cautious yet forward thinking,” and says it “creates a framework for responsible, cost-effective and practical actions.” Sound familiar?
Jackson, in her statement at the hearing last week, called EPA’s actions a “reasonable approach,” one that “will reflect careful consideration of costs and will incorporate compliance flexibility.”
Indeed, the step-by-step plan of action spelled out by Johnson could be a checklist for the EPA’s recent actions — largely the same actions being aggressively attacked today by some in Congress.
These actions include the endangerment finding; a joint rule-making with the Transportation Department to require more fuel-efficient cars; rules to modify the agency’s requirements for new sources to reduce the number of facilities that would be covered (EPA’s tailoring rule), and proposals to respond to specific petitions (EPA has acted on ones for the utility and oil refinery sectors).
Given these striking similarities, attacks on current EPA actions — that the agency is “an instrument of job destruction” and would “put the American economy in a straitjacket” — now resonate as particularly empty political rhetoric.
How could the right thing to do in the Bush administration suddenly become the wrong thing to do in the Obama administration?
Eileen Claussen served as assistant secretary of state for Oceans and International Environmental and Scientific Affairs. She is now president of the Pew Center on Global Climate Change.
This white paper is a follow up to the report Reducing Greenhouse Gas Emissions from U.S. Transportation
About the Authors:
Cynthia Burbank is Vice President of Parson Brinckerhoff (PB). She joined PB in 2007 as National Environment and Planning Practice Leader. She provides strategic and tactical advice to PB’s clients on planning and environmental issues, including the National Environmental Policy Act (NEPA), air quality, and global climate change (GCC).This includes advising transportation clients on climate change strategies, analyzing greenhouse gas (GHG)-reduction potential of alternative transportation strategies, reviewing state climate action plans, and developing GHG reduction scenarios for transportation.
Cindy joined PB after a 32-year span with the U.S. Department of Transportation (U.S. DOT) that encompassed key roles in highway, transit, aviation, and national transportation policy and legislation. Cindy served as Associate Administrator for Planning, Environment, and Realty for the Federal Highway Administration (FHWA). She also served as FHWA’s senior executive with responsibility for FHWA’s implementation of the Clean Air Act (CAA) for transportation, NEPA policy, environmental streamlining, metropolitan transportation planning, statewide transportation planning, and international transportation planning. Prior to joining the FHWA in 1991, Cindy held positions in the Federal Aviation Administration, Federal Transit Administration, the Office of the Secretary of Transportation, and the U.S. Navy. A member of the FHWA Senior Executive Service since 1991, she was designated in October 1998 as one of five core business unit leaders for FHWA.
Nick Nigro is a Solutions Fellow at the Pew Center.
Make an Impact is featured in Environmental Leader's 2011 Insider Knowledge Report, which provides lessons learned from corporate environmental, sustainability, and energy decision-makers.
Below is one of the two articles on the program in Environmental Leader.
Make an Impact is a unique employee-focused energy efficiency program of the Pew Center on Global Climate Change and three corporate partners. Founded by Alcoa in 2006, the partnership now includes Fortune 500 companies Bank of America and Entergy Corporation and reaches more than 350,000 employees worldwide. A clear program benefit is the opportunity for collaboration, innovation and best practice sharing.
Successful employee engagement in sustainability efforts differs for each corporation, but there are a few constants:
- Leadership from the top and a strong implementation team are critical.
- Employ multiple engagement strategies. Make an Impact includes a customized website, workshops with experts and local advocates, community volunteering, and a best-in-class carbon calculator that provides a personal analysis and recommendations to reduce your carbon footprint.
- Scale globally, implement locally. Use local experts and services to ground the program in the community; this also increases the opportunity for behavior changes.
- Successfully reinforces business relationships with community stakeholders.
- Back it up with data. Employees like to know their efforts are meaningful. Make an Impact provides corporate partners the ability to track engagement in a variety of ways.
- As part of its commitment to address climate change, Bank of America introduced MAI to associates in the US and UK in 2010. In its first six months, the program has attracted more than 2,400 visitors to the website and identified 5 million pounds of potential carbon savings by employees. In 2011, the company plans to introduce the program to employees in additional markets and double potential carbon savings and calculator usage.
- Entergy Corporation uses the program to engage both customers and employees and has customized the program so that it offers benefits to local non-profits and disadvantaged consumers. Entergy has also added an offsets component to its program - including a commitment to double pledges made through its website.
- Alcoa has a goal to reach 50 percent of its workforce with the program by 2012; to date it has introduced the program in 16 states and two countries and this year will launch a community/schools engagement module in five states, roll out in two additional countries and five additional states.
- Employee engagement is a key component to corporate sustainability efforts. One Alcoa employee attending a workshop in Washington was inspired to suggest improvements to plant operations that saved the company nearly $120,000 in auxiliary power costs. When employees make the efficiency connection, the results can be unexpected and significant. Visit http://makeanimpact.c2es.org and learn more.
To receive a full copy of Environmental Leader's 2011 Insider Knowledge Report, click here.
Download a copy of our ads from Environmental Leader's 2011 Insider Knowledge Report
Climate change is happening and it is caused largely by human activity. Its impacts are beginning to be felt and will worsen in the decades ahead unless we take action. The solution to climate change will involve a broad array of technologies and policies—many tried and true, and many new and innovative.
This overview summarizes the eight-part series Climate Change 101: Understanding and Responding to Global Climate Change.
Science and Impacts discusses the scientific evidence for climate change and explains its causes and current and projected impacts.
Adaptation discusses these impacts in greater depth, explaining how planning can limit (though not eliminate) the damage caused by unavoidable climate change, as well as the long-term costs of responding to climate-related impacts.
As explored in greater depth in Technological Solutions, a number of technological options exist to avert dangerous climatic change by dramatically reducing greenhouse gas emissions both now and into the future.
Business Solutions, International Action, Federal Action, State Action, and Local Action describe how business and government leaders at all levels have recognized both the challenge and the vast opportunity dealing with climate change presents. These leaders are responding with a broad spectrum of innovative solutions. To address the enormous challenge of climate change successfully, new approaches are needed at the federal and international levels, and the United States must stay engaged in the global effort while adopting strong and effective national policies.
For more information, be sure to listen to our Climate Change 101 podcast series
The response of business leaders to the problem of climate change is undergoing a major transformation. Just over a decade ago, the corporate sector was almost uniformly opposed to serious government action on the issue. But increasing certainty about the science of climate change—and an ever greater understanding of the risks and opportunities it presents for businesses and society—have contributed to a willingness among corporate leaders to help shape solutions. In addition to acting on their own to reduce greenhouse gas emissions and explore new, low-carbon market opportunities, a growing number of businesses are calling on the government to provide investment certainty through clear climate policy.
There are a variety of policy tools to reduce the greenhouse gas emissions responsible for climate change. This installment of the Climate Change 101 series explains how a cap-and-trade program sets a clear limit on greenhouse gas emissions and minimizes the costs of achieving this target. By creating a market and a price for emission reductions, cap and trade offers an environmentally effective and economically efficient response to climate change.
By: David L. Greene and Steven E. Plotkin
Download this paper (pdf)
Project Director: Judi Greenwald
Project Manager: Nick Nigro
This report examines the prospects for substantially reducing the greenhouse gas (GHG) emissions from the U.S. transportation sector, which accounts for 27 percent of the GHG emissions of the entire U.S. economy and 30 percent of the world’s transportation GHG emissions. Without shifts in existing policies, the U.S. transportation sector’s GHG emissions are expected to grow by about 10 percent by 2035, and will still account for a quarter of global transportation emissions at that time. If there is to be any hope that damages from climate change can be held to moderate levels, these trends must change.
This report shows that through a combination of policies and improved technologies, these trends can be changed. It is possible to cut GHG emissions from the transportation sector cost-effectively by up to 65 percent below 2010 levels by 2050 by improving vehicle efficiency, shifting to less carbon intensive fuels, changing travel behavior, and operating more efficiently. A major co-benefit of reducing transportation’s GHG emissions is the resulting reductions in oil use and improvements in energy security.
It develops three scenarios that diverge from “business as usual,” based on the assumption that the United States is willing to change the incentives and regulations that affect the design of vehicles, the types of fuels that are used, the choices made by individuals and businesses in purchasing and using vehicles, and how communities and their transportation infrastructure are built and used.
This report is an update of the Center's 2003 report on Reducing Greenhouse Gas Emissions From U.S. Transportation
Related white papers on Transportation Reauthorization:
About the Authors:
David L. Greene is a Corporate Fellow of Oak Ridge National Laboratory, Senior Fellow of the Howard H. Baker, Jr. Center for Public Policy and a Research Professor of Economics at the University of Tennessee. He is an author of more than 200 publications on transportation and energy issues. Mr. Greene is an emeritus member of both the Energy and Alternative Fuels Committees of the Transportation Research Board and a lifetime National Associate of the National Academies. He received the Society of Automotive Engineers’ Barry D. McNutt Award for Excellence in Automotive Policy Analysis, the Department of Energy’s 2007 Hydrogen R&D Award, and was recognized by the Intergovernmental Panel on Climate Change for contributions to the IPCC’s receipt of the 2007 Nobel Peace Prize. He holds a B.A. from Columbia University, an M.A. from the University of Oregon, and a Ph.D. in Geography and Environmental Engineering from The Johns Hopkins University.
Steven Plotkin is a staff scientist with Argonne National Laboratory’s Center for Transportation Research, specializing in analysis of transportation energy efficiency. He has worked extensively on automobile fuel economy technology and policy as a consultant to the Department of Energy, and was a co-principal investigator on ANL’s Multi-Path Transportation Futures Study. Mr. Plotkin was a lead author on the Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report Climate Change 2007: Mitigation of Climate Change and has been selected to participate on the Fifth Assessment Report. He was for 17 years a Senior Analyst and Senior Associate with the Energy Program of the Congressional Office of Technology Assessment (OTA) and prior to that he was an environmental engineer with the U.S. Environmental Protection Agency. Mr. Plotkin has a B.S. degree in Civil Engineering from Columbia University and a Master of Engineering (Aerospace) degree from Cornell University. He is the 2005 recipient of the Society of Automotive Engineers’ Barry D. McNutt Award for Excellence in Automotive Policy Analysis.
With EPA’s recent announcement of timelines for additional regulation of greenhouse gases (utility and refinery sectors) and the arrival in town this week of the new Congress, the shouting about EPA’s regulatory actions has already begun. Many of these claims are clearly political posturing – the facts are that schools, churches, and libraries will NOT be subject to regulations, there will NOT be a moratorium on all new industrial facilities for at least 18 months, and new coal plants will NOT be banned. But it is also true that regulating greenhouse gases (GHGs) has the potential to substantially impact our economy and is critical to reducing the risks and costs associated with climate change. The critical challenge facing EPA is how to properly balance the costs of reducing GHG emissions against the benefits of limiting climate change. How EPA balances these interests demands a serious discussion. In an effort to lower the volume and better inform future discussions about EPA’s use of its regulatory authority, the following are key factors that should be considered.
1. EPA is not overreaching by regulating greenhouse gases (GHGs) under the Clean Air Act but is doing so in direct response to the Supreme Court’s 2007 ruling in Mass. v. EPA.
Some have incorrectly claimed that EPA has overstepped its authority in regulating greenhouse gases and is attempting to regulate GHGs even though Congress failed to pass climate legislation last year. In fact, it is the Supreme Court in 2007 that clarified that EPA had the authority to regulate GHGs under the existing Clean Air Act. EPA had denied a petition by some states and environmental groups calling on it to begin regulating GHGs under the existing Clean Air Act. The Supreme Court rejected EPA’s claim that the Clean Air Act does not apply to GHGs and held that these emissions meet the definition of an “air pollutant” under the Act. The court held that “under the Act’s clear terms, EPA can avoid promulgating regulations only if it determines that greenhouse gases do not contribute to climate change or if it provides some reasonable explanation as to why it cannot or will not exercise its discretion to determine whether they do.” Based on its extensive review of the scientific evidence in its endangerment finding, EPA reached the only conclusion that the evidence supported – that GHG emissions cause or contribute to air pollution, which may reasonably be anticipated to endanger public health or welfare and, therefore, are subject to regulation under the Clean Air Act.
2. EPA’s regulations will not require unproven technologies, impose excessive costs at a time when our economy is hurting, or harm small and previously unregulated sources.
There are legitimate concerns that the Clean Air Act was not developed specifically with GHGs in mind and these emissions are different in fundamental ways from traditional hazardous and criteria pollutants covered by the Act. As a result, EPA has gone to great lengths to “tailor” its regulations -- for example, with respect to new source permitting -- in such a way that only the largest sources of GHGs are covered. This tailoring rule has been challenged in courts (along with all other GHG regulations). If it is overturned, Congressional intervention would likely be necessary. But the Clean Air Act includes many provisions that minimize compliance costs, and many of its fundamental requirements apply equally well to regulating GHGs. For example, the Act requires that technological feasibility and costs be considered in setting emission performance standards and allows for different requirements for new and existing sources. In its guidance to states on what constitutes “best available control technology,” EPA has focused on energy efficiency technologies as a means to achieve both reductions in GHG emissions and cost savings to firms. The agency has also made it clear that the use of coal as a fuel can be continued under its guidelines. While EPA regulations will impose some costs on firms, based on guidance to date, those costs are likely to be modest and will result in far greater benefits than costs to society.
3. Delaying any EPA regulatory actions would be bad for business and bad for the climate.
Delaying regulations by EPA will allow some firms to avoid compliance costs in the near term but will increase overall costs over the longer term. For firms in states already facing GHG requirements (e.g., utilities in 10 northeast and mid-Atlantic states, large emitters in California), any delay in EPA regulations are not likely to alter the requirements they face. For firms in other locations that are planning facilities with long lifetimes, some are likely to install the same technology that would be required by EPA in an effort to avoid more expensive retrofits in the near future. These firms would prefer the certainty of knowing what regulatory requirements they must meet prior to making large capital investments. Finally, delay in reducing GHG emissions will result in greater economic harm throughout our society as families and communities face the costs associated with increases in extreme weather (droughts and floods), impacts from sea level rise, limits on the availability of water resources, and other climate impacts.
4. EPA’s regulatory actions are not a form of backdoor cap and trade or an energy tax.
Congress rejected a comprehensive cap-and-trade approach to regulating GHG in its last session. EPA’s approach does not rely on a cap-and-trade regime and is far from comprehensive. EPA’s regulations focused first on the transportation sector with the issuance of widely supported standards for light-duty vehicles and proposed standards for medium and heavy-duty vehicles. On the stationary source side, EPA first targeted the largest new sources and major modifications of existing sources and recently announced plans to develop new source performance standards for the electric utility and refinery sectors. Such standards are the traditional approach used under the Clean Air Act and are generally implemented through state programs.The regulations are being developed on a timeframe consistent with Clean Air Act requirements covering other pollutants to allow covered sources the flexibility of developing compliance plans that cost-effectively meet a comprehensive set of requirements.
5. EPA is not attempting to meet the same reduction requirements that were rejected by the last Congress.
The House-passed climate change bill called for reductions in GHG emissions of 17 percent of 2005 levels by 2020, increasing to reductions of over 80 percent by 2050. EPA’s use of the Clean Air Act is not likely to produce emission reductions of the magnitude or in the timeframe set forth in the legislation proposed last year.
6. Important questions do need to be addressed in moving forward.
EPA’s initial set of regulations represent an important beginning in addressing the risks associated with climate change but also raise important issues. In moving forward, several questions will need to be addressed:
* How will EPA’s regulation be implemented in a manner consistent with current and future state actions?
* Given market forces driving utilities toward increased use of natural gas, the regulatory uncertainty that currently exists, and the age and fuel mix of the current utility fleet, what is the likely future role of coal in this sector?
* As EPA moves forward in regulating stationary sources through the use of emission performance standards, how might it be able to provide flexibility to regulated sources to achieve cost-effective reductions?
* How might EPA regulatory actions specific to utilities interact with possible Congressional interest in a clean energy standard?
Steve Seidel is Vice President for Policy Analysis