EPA’s greenhouse gas finding is a major milestone

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On April 17, the U.S. Environmental Protection Agency tentatively concluded that current and projected concentrations of six key greenhouse gases in the atmosphere threaten the public health and welfare. The consequences of this major declaration may take years to realize, but they could change the way you do business significantly.

The so-called “endangerment finding” under the Clean Air Act is sort of like the “clear and present danger” determination that gives the president sweeping powers to preserve national security. A second “cause or contribute finding” proposes to declare that the combined emissions of four of those greenhouse gases from new motor vehicles and motor vehicle engines contribute to atmospheric concentrations.

One interesting aspect of these findings is that not all greenhouse gases are inherently toxic. In fact, carbon dioxide is considered to be the most important of the greenhouse gases – especially as it relates to vehicles. And yet, you exhale carbon dioxide continuously. Plants actually need it. So EPA isn’t saying carbon dioxide is an airborne toxin. Rather, the notion is that enormous amounts of carbon dioxide over a period of many years lead to climate change, which in turn could have some pretty nasty consequences in years and decades to come.

Regulation of greenhouse gases has grown increasingly likely since the 2008 elections, which gave the Democrats the White House and expanded their majorities in the House and Senate. Less than a week after taking office, President Obama ordered EPA to review whether the Bush administration’s denial of a waiver for California to adopt limits on greenhouse gas emissions from new motor vehicles was appropriate.

In March, EPA proposed to require certain companies, including truck manufacturers, to report greenhouse gas emissions. The agency isn’t proposing to require fleet owners to report “in-use” emissions data, though it requested comments on the issue.

Congress also is beginning to look at greenhouse gases again. For example, the House Energy and Commerce Committee held several days of hearings on the American Clean Energy and Security Act of 2009 – a draft bill that includes measures aimed at reducing global warming, including a cap-and-trade system for electric utilities, oil companies and some other large industrial sources.