This April, USEPA expects to finalize a rule intended to reduce greenhouse gas emissions from mobile sources (cars, trucks, buses, etc.), largely by demanding greater fuel economy in the transportation sector. No doubt there will be much rejoicing among the tree-hugging set when that happens, but there is another consequence to that action that has largely flown under the old media’s radar: the day that the mobile source rule goes final is the day that the Agency starts to regulate greenhouse gas emissions from power plants and other large industrial sources.

It’s a matter of regulatory logic. Once the Agency starts to regulate a pollutant in one sector, it must regulate said pollutant in all sectors under its purview. When and if this side effect of the mobile source rule come to light, it will – no doubt – be used as a “gotcha moment” by environmentalist groups and the old media. “See, now EPA is going to regulate greenhouse gases under the Clean Act, because you wouldn’t give us cap and trade. We waaaarned you!”
Don’t lose much sleep over it. Nothing about this event will require any existing fossil fuel fired power plant to cut their greenhouse gas emissions one bit, install costly new controls or pass the expense of doing so on to you. All that is going to happen in April is that those plants are going to have to file amended permit applications, applications that reflect the latest and greatest pollutant in the Agency’s arsenal: greenhouse gases. While nobody on the industrial side is much looking forward to having to file such voluminous applications once again, the state and regional regulatory agencies that will have to deal with the flood of incoming paperwork positively dread the moment.
Actually, limiting greenhouse gas emissions takes more regulatory action – a lot more – than just dealing with new permit applications. The EPA has to issue rules that specify acceptable emission rates, rules that must be customized to accommodate a wide variety of sources. The agency has to evaluate available control technologies and determine the record keeping, reporting, testing and monitoring measures that will be required of industry. All of these rulemaking requirements tumble out of the Clean Air Act and all of the other rulemakings that have relied upon the act.

Consider one example, in order to truly understand how long this process takes. In 2009 the Clean Air Interstate Rule (CAIR) went into effect. This is a rule that reduces emissions of nitrogen oxides (a pollutant that helps form smog) and other pollutants from big power plants, using a regional cap and trade program. The roots of CAIR date back to the Clinton administration. The EPA bureaucracy began to grind through every step of the Clean Air Act process to get the rule done in its current form starting in 2003 and they’re still not truly done. Though CAIR went into effect in 2009, the courts have ordered EPA to propose a new version of the rule to replace the current one.
Many of the reasons that the Clean Air Act rulemaking process is so tedious can be laid squarely at the feet of environmental groups. They demanded, and got, more: more public participation, more stakeholder meetings, more rights to appeal, more opportunities to comment and more Agency obligation to respond to those comments. The patched-together, enormously time-consuming process of rulemaking under the Clean Air Act is the kind of bureaucratic nightmare that one normally associates with Terry Gilliam’s 1985 tribute to regulators gone wild: Brazil.
In summary, as far as cutting greenhouse gas emissions from existing sources goes, the EPA will be impotent for a long time to come, long enough – I’ll warrant – that global warming will have been thoroughly discredited long before the necessary regulatory structure can be put into place.
One may argue (and some certainly will) that April’s action will have an effect on new projects. Under the EPA’s construction permit program, state and regional agencies have to evaluate control technologies before issuing permits for new facilities. Since greenhouse gases will officially become regulated pollutants in April, this means that greenhouse gas control comes into play for new projects.
However, greenhouse gas control is already in play for new projects and has been for a long time. The Sierra Club’s “Beyond Coal” project has been forcing the greenhouse gas issue, when it comes to new projects, for years. The organization uses every means available to disrupt and delay new energy projects, including overwhelming the regulatory system with comments that regulators are obligated to respond to and appealing EPA decisions to the court system. Almost without exception, one of the Sierra Club’s primary arguments when it files an appeal is that the local EPA did not properly consider greenhouse gas emissions before issuing a permit.
While there is nothing particularly heart-warming in the thought of regulators ruling on what is or is not an acceptable greenhouse gas control measure, it’s still a hell of a lot better than having judges and environmental extremists make the call. According to the Sierra Club itself, their Beyond Coal project has been successful in killing over 120 proposed new projects in the United States. That’s thousands of megawatts in new, cheap power that never hit the grid. That’s jobs, economic growth and increased energy self-sufficiency; lost forever. As frustrating as the regulatory process is, are we not better off giving the EPA more power to decide on new projects, rather than continuing to allow the Sierra Club to dictate our economic future?
So, when spring arrives and somebody in the old media uses the occasion of a heretofore obscure USEPA regulatory action to wag his finger and warn you that this is the reason we need cap and trade now, remember: you heard it here first. And like most environmental crises, this one is just more smoke and mirrors.






Subscribe via RSS
Got a Tip?
27 Comments
This is really good strategy. Use the tactics of the progressives against them. They have been attempting to "overload the system", the financial system that is, by recruiting and encouraging more and mare people to take welfare as advocated by people like Lewinsky and Rathke. Perhaps the monstrosity of the EPA will kill itself in the same fashion.
"the EPA will be impotent for a long time to come, long enough – I’ll warrant – that global warming will have been thoroughly discredited long before the necessary regulatory structure can be put into place."
A little optimism at this point sure sounds wonderful. However, Obama has shown he will do anything to achieve his ends.
but the net result is NO new energy for the US…
And that, dear readers, is the whole point. Listen, we won't drill here- but we loan Brazil billions so THEY can drill.
The rest of the world is racing to the moon. Payoff? Helium 3. Scientists say fusion energy possible with this substance. Could power the planet for a millenia.
Not us…
No matter how you look at it- wealth is leaving the country and The Powers That Be will not let us create any. So, don't be too quick to declare victory of Commissar Carole Browner's EPA just yet…
The author mentions logic.
That is one thing I understand, or lack thereof.
"It’s a matter of regulatory logic. Once the Agency starts to regulate a pollutant in one sector, it must regulate said pollutant in all sectors under its purview…….."
In all honesty, you city folks, you folks in the 'burbs, inside the beltway just don't have a clue how the American way of life is under attack. By the time this Administration, Cass Sunstein, Czar Carol Browner and then EPA are done, the average Joe Six Pack won'[t be able to afford hamburger, as it will be priced right out of your price range. Not to mention what it will do to the Agriculture Community, ie: Farmers and Ranchers. By the time they are done taxing me for the methane coming from my cow herd, and evaluating my Carbon Footprint, I'd be further ahead to dig a pit, drive them in it and shoot them all in the head. I'm sure PETA then would have a problem with that.
Of course, that won't bother Brazen Barry and his burnished brass balls. He'll just keep eating that imported Japanese Kobe' Beef, at 100 bucks a pound. It goes well with MooShelles arugla salads.
Will water vapor also be labled as a pollutant?
How can congress stop the EPA?
All the science is very esoteric but interesting..
I work for a living and I'm NOT a scientist or intellectual, like Obama…So, being that I'm a black and white guy, know right from wrong, good from evil, unlike Obama… … it's easy for me to see whose correct. ( Also,the corruption at NASA is very unsettling…They've turned into a climate change rubber stamp for the Administration)
And it ain't Big Science or Big Gov'ment…It's watching the weather in my chosen locales and keeping track of the seasons…It's really quite quite simple to know who the liars are…
Nov 2010 the change is coming…We in CALIFORNIA will try to hang on until then…
.
This is good stuff, please keep it coming. Everyday there is a new outrage coming from the British press regarding how they cheated on the global warming data… amazing, I look forward to it each morning when I have to do my duty.
Marxism never sleeps…..
If we in the U.S. can stop cap and trade and the EPA takeover, those Europeans citizens are really going to get pissed that they continue to pay the taxes for Global Warming. Then the fun will start as the people want the GW taxes eliminated, cutting into entitlement programs.
Social comments and analytics for this post…
This post was mentioned on Twitter by CO2HOG: via @BigJournalism Bluff and Bluster: The Real Story Behind EPA Regulating Greenhouse Gases (Part 2) http://bit.ly/bpC45w #tcot…
They forget!!! The reason humans obey laws, is because of their belief in God, the higher power or maybe they don't, maybe they just prey upon that characteristic of mankind and most especially the lost ones, who have no idea of who they are, where they are or why they are here!!!!!!
Oky dokey, for bo and his friends…..game up……….we have taken names, we know how you voted and we know where you live…….
Several years ago the company I worked for got into trouble with the Texas Air Control Board and the EPA. Whenever the local news talked about it, they always showed stock footage of a big cooling tower (which wasn't even in our plant) and the cloud of vapor coming out of it as they talked about "dangerous emissions" and "pollutants". This dangerous emission was of course water vapor!
De-fund it for starters. Then pass a bill that abolishes it completely. The EPA is nothing but a big freedom eating machine that needs to be taken off line permanently.
Cut Greenhouse Gases in order to Kill everything in the Greenhouse. SOYLENT GREENLESS from the Orange and Blue Soylent Tablet in the Whitehouse. Morons and Moaists…carpetbaggers and Thugs…so you choose:
1. Collapse or
2. Prosperity.
This white hater in the whitehouse is cancer. Call the surgeon.
Bust the EPA off the Planet…oh that's right…America won't be allowed to leave the planet…NASA is a global Warming Weather Station NOW. CHINA…COMMUNISTS OWN AMERICA now. Thanks YoMamma…payback 4 u nov 2.
Govt rule #.9….Never let 'discredited science' interfere with regulations that live on forever. So let's just get along and learn to live with #9…#9 #9 #9……
"Brazil" is genius.
The movie coincided with a time for me when I discovered the CON known as the LA Times. The CON wedging itself into the So. Cal school system. The CON of the indoctrination of the movement that I now know as the Progressive Movement.
The defining moment when truth is revealed before your very eyes. (And they didn't think I knew….retrospect has been fascinating) Back then as a minor you knew something smelled or should have known. The movement stepped in around the mid-80's and the chill then had the same smell as it does now. The more they knew about your distrust in them the more you could see them grasp.
Creepy. What the EPA is moving to is creepy and ultimately (IMHO) a legal black hole. But since tort reform is scheduled for debate just after a new gold standard maybe the legal black hole has been their objective all along.
POTUS 44 wears his debtors on his sleeve. The Big Union Boyz 'ain't got nothin' on Big Tort.
Hogwash.
Not soon enough. Look at the damage that anal orifice has created in only one year.
Now they want to sell us pork trains and gravy train. That way they can monitor where we go and when. Trains are soo 19th century. The only way they are fast is in losing money. A smart oil man can fly from Houston to Tulsa for 50 bucks non stop in an hour plus a few minutes. Obama wants a train for 90 dollars and 6 stops for at least 6 hours.
Marxism has a new meaning for progress.
EPA has no legislative authority. Its threat is a paper tiger. And since Obie p-od the Supremes, I'm sure it will be overthrown as well.
FLUSH HARDER!!!!!!!
Before we can do any flushing, we got to squeeze that turd out of the oval orifice, and remove those dingleberries that are hanging out there. You know, Axelrod, Emanuel, Gibbs, and the rest.
This spoof of climate science may be of interest:
http://www.youtube.com/watch?v=1b-6U5MwyDM
Do not underestimate the power of Mao and CapetBaggers united…but apparently some of the BlueDogs remember what their real flag looks like…hold until nov 2. America Again: Freedom is worth it.
I Will have to come back again when my class load lets up – nonetheless I am taking your RSS feed so I can read your site offline. Thanks.
Informative post, thanks for the blog. I enjoyed reading it.
You must be logged in to post a comment.