On Tuesday, Dec. 15, 2009, the U.S. Environmental Protection
Agency (EPA) endangerment finding for greenhouse gases (GHGs) was
published in the Federal Register. The endangerment finding
concluded that six GHGs taken in combination endanger both public
health and welfare. Additionally, the EPA concluded that the
combined emissions of GHGs from new motor vehicles and motor
vehicle engines contribute to GHG emissions which threaten public
health and welfare.
The finding clears the way for the EPA to issue a rule
establishing emissions standards for motor vehicles. The EPA
expects to issue that rule in March 2010, and the rule will become
effective 60 days later. Once effective, GHGs will become regulated
pollutants under the Clean Air Act and subject to controls under
the PSD/NSR preconstruction permitting programs when a new
stationary source of emissions—such as a manufacturing
facility or power plant—is constructed or when an
existing source undergoes a major
