Can and Should Greenhouse Gases Be Regulated as Hazardous Air Pollutants under Clean Air Act Sec. 112?

摘要

This article poses three questions: (1) Can greenhouse gases be regulated under § 112 of the Clean Air Act? (2) If they were to be regulated in this way, what would the practical consequences be? (3) Should greenhouse gases be regulated this way? To summarize the offered answers:greenhouse gases can indeed be regulated under § 112; if they were to be regulated, the practical consequences would be substantial but potentially manageable; and whether or not they should be regulated in this way depends entirely on the nature and survival of the upcoming New Source Performance Standards under § 111(d). If § 111(d) regulation survives, the question of whether or not § 112 regulation could coexist arises, with the answer being in the affirmative albeit with potentially prohibitive difficulties. If § 111(d) regulation fails, § 112 regulation may serve as a regulatory last resort on which the Environmental Protection Agency may have to rely in order to seriously tackle the threat of climate change.