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CAA Section 202(a) "Endangerment" and "Cause or Contribute" Findings Proposed for Greenhouse Gases

On April 24, 2009 (74 FR 18886-18910), EPA proposed to find that, pursuant to CAA Section 202(a), greenhouse gases present in the atmosphere may reasonably be anticipated to endanger public health and welfare. CAA Section 202(a) directs the agency to establish standards for emissions from new motor vehicles and new motor vehicle engines that cause or contribute to air pollution that may reasonably be expected to endanger public health or welfare.

In the April 24, 2009 action, EPA specifically proposed that the mix of six key greenhouse gases meets the definition of "air pollution" within the meaning of CAA Section 202(a). The six greenhouse gases are: carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). In addition, EPA proposed to find that emissions of four of the six gases (CO₂, CH₄, N₂O, and HFCs) from new motor vehicles and new vehicle engines cause or contribute to air pollution.

EPA has concluded that the case for finding that greenhouse gases in the atmosphere endanger public health and welfare is compelling. According to the agency:

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