New Report Determines EPA Process in Endangerment Finding was Incomplete

Climate change once again moves to the forefront in public discourse after the U.S. Environmental Protection Agency (EPA) Office of Inspector General released a report criticizing the process EPA used in determining that greenhouse gases (GHG) endanger public health and welfare.  The report, requested by Sen. James Inhofe (R-Okla.) in April 2010, determines EPA did not complete the necessary peer reviews for a “highly influential scientific assessment,” which was warranted in this case.  Sen. Inhofe and Rep. Darrell Issa (R-Calif.) are calling for committee hearings and further review of the report findings—ensuring that GHGs will be part of the overall discussion on EPA regulations moving forward. The Inspector General’s concerns expressed in the Sept. 26 report include the process and data quality procedures that EPA undertook in its endangerment finding.  The Office of the Inspector General did not evaluate the scientific data EPA used in support of its decision making. AGC has long spoken out against the 2009 endangerment finding, Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, because the finding opened the door for regulation of GHG emissions through various Clean Air Act programs—such as new standards for mobile sources and permitting programs for the new construction and operation of stationary sources (e.g., factories, power plants and other structures).  Indeed, EPA chose to “tailor” portions of the Act as they would relate to GHGs, because of the overwhelming administrative burdens that would have resulted.  These programs are expensive and time-consuming—resulting in even more construction delays and expenses and negatively impacting the construction industry while it struggles in its economic recovery. AGC submitted a comment letter to EPA on the proposed endangerment finding and a comment letter on the Tailoring Rule. For more information, please contact Melinda Tomaino at (703) 837-5415 or tomaino@agc.org.