The Clean Air Act is not the proper vehicle for regulating greenhouse gas emissions, IDFA states in comments filed last month with the Environmental Protection Agency. While reaffirming IDFA's support for efforts that will enhance energy efficiencies and reduce air pollution, the comments urge EPA to work with Congress to develop a rational approach for any regulation.
In April 2007, the U.S. Supreme Court found that the Clean Air Act authorizes EPA to regulate greenhouse gas emissions if EPA determines they could cause air pollution that may endanger public health. EPA issued an advance notice of proposed rulemaking earlier this year to question how greenhouse gases might be controlled under the Clean Air Act.
"Our industry has been working hard to find ways to improve the energy efficiencies associated with technologies used in our facilities, offices and vehicles," the comments state. "We are concerned that an ill-conceived regulatory scheme will drive resources toward regulatory compliance instead of innovation and investment into ways to reduce greenhouse gas emissions. As a result, an effort to regulate greenhouse gasses using the Clean Air Act will prove to be counterproductive and could hinder efforts to address this issue."
In the comments, IDFA mentions that the White House, nine federal agencies and EPA Administrator Stephen Johnson all agree that the act is not the appropriate vehicle for regulating these emissions.