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29-02-2012

AFPM challenges EPA regulation of GHG

The American Fuel & Petrochemical Manufacturers joined 20 other business groups Tuesday and Wednesday in presenting oral arguments before the U.S. Court of Appeals for the D.C. Circuit challenging the Environmental Protection Agency's decision to regulate greenhouse gas emissions from stationary sources under the Clean Air Act. 

AFPM President Charles T. Drevna said: "Restrictions on greenhouse gas emissions were never contemplated by Congress when it enacted the Clean Air Act. EPA should step back and let Congress determine the best way to address climate change, rather than rushing to regulate greenhouse gas emissions under a program that was created to address a completely different type of emissions."

Being challenged is EPA's interpretation of the "Prevention of Significant Deterioration" permitting program, which would apply permitting requirements to a wide range of large and small stationary sources and ultimately require states to expand the permitting program from 280 permits per year to many thousands. Even EPA conceded its decision leads to "absurd results," forcing the agency to impermissibly rewrite the statutory permitting triggers. 

"Allowing EPA to continue regulating greenhouse gases from stationary sources under a program designed to regulate criteria pollutants such as particulates and ozone will have serious consequences on American manufacturers and their employees," Drevna said.

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