Environmental Protection Agency Administrator Lee Zeldin on Feb. 12 signed a final rule repealing the 2009 Endangerment Finding as it applies to motor vehicles and engines under section 202(a) of the Clean Air Act.
In the final rule, EPA concludes that section 202(a) does not grant the Agency statutory authority to establish greenhouse gas emission (GHG) standards for motor vehicles and that Congress did not intend for EPA to regulate GHG emissions from cars and trucks under this provision.
EPA further finds that eliminating all U.S. motor vehicle GHG emissions would not have a material impact on climate change, providing an additional basis for repeal.
EPA emphasizes that it will continue to regulate conventional air pollutants and air toxics from motor vehicles. The Agency also states that the U.S. Supreme Court’s decision in Massachusetts v. EPA did not require EPA to issue an endangerment finding, but rather held only that greenhouse gases fall within the Clean Air Act’s definition of “air pollutant.”
The Court has never reviewed the 2009 Endangerment Finding itself or the underlying rationale supporting it.
The repeal applies solely to GHG emission standards for motor vehicles and engines. EPA acknowledges that other regulatory actions have relied in part on the 2009 Endangerment Finding and indicates that any implications for those actions will be addressed through separate rulemakings.
While the general fact sheet accompanying the final rule includes language that raises broader concerns regarding EPA’s authority and Massachusetts v. EPA, the legal fact sheet clarifies that the Agency’s interpretation is limited to section 202(a) and does not affect EPA’s authority under other Clean Air Act provisions, including section 111, the provision related to power plant GHG emissions.
