The new EPA administration recently responded to a late memo from the previous administration on the regulation of CO2 emission. While the news and activists jumped at a conclusion, just what did she really mean by her comments?
On February 17, 2009, recently confirmed EPA Administrator Lisa P. Jackson opened the door to a renewed national discussion about EPA's regulation of CO2 under the Clean Air Act. The door opened when EPA granted a petition to reconsider former EPA Administrator Stephen Johnson's interpretation of when the Prevention of Significant Deterioration program applies to CO2. memo.
Jackson stated that she had made the decision because "… we must learn more about how this memo affects all relevant stakeholders impacted by its provisions." One of EPA's first steps is inviting comments from the public on the memo and the potential impact of its interpretation on communities around the country. The next step, according to EPA, is its plan to publish a notice of proposed rulemaking in the Federal Register in the near future.
EPA's decision to open the discussion came with a caution when it "declined to take action to stay the effectiveness of the memorandum" while it was being reviewed. The two decisions would seem to create a draw – except for a sentence in Jackson's letter to the Sierra Club, which had submitted the petition. Writing about EPA's decision and the memo's interpretation, Jackson noted, "Given the Agency's decision, other PSD permitting authorities should not assume that the memorandum is the final word on the appropriate interpretation of the Clean Air Act requirements."
Comments (0)