Aug 10
6
Texas smack-down of anti-American EPA
Thanks to the Cornwall Alliance for the Stewardship of Creation for this lead…
… On behalf of the State of Texas, we write to inform you that Texas has neither the authority nor the intention of interpreting, ignoring, or amending its laws in order to compel the permitting of greenhouse gas emissions.
You have declared that EPA’s decision to enact autombile tailpipe emission limits for greenhouse gases pursuant to Title II of the federal Clean Air Act renders such gases immediately “subject to regulation” for all purposes under that Act, including the Title I Prevention of Significant Deterioration (PSD) preconstruction permitting program and the Title V operating permit program. Simultaneously, however, you recognize that permitting greenhouse gases under the Act is “absurd.” In the Tailoring Rule, EPA states: “Here, we have determined, through analysis of burden and emissions data as well as consideration of extensive public comment, that the costs to sources and administrative burdens to permitting authorities that would result from the application of the PSD and title V programs for GHG emisssions at the statutory levels as of January 2, 2011 should be considered ‘absurd results.’” 75 Fed. Reg. at 31,517. We agree.
In order to avoid the absurd results of EPA’s own creation, you have developed a “tailoring rule” in which you have substituted your own judgement for Congress’s as to how deep and wide to spread the permitting burden. Notably absent from your rules is any evidence that they would achieve specific results; in fact, you assiduously (and correctly) avoid ascribing what environmental benefit may be achieved by mandating permits to emit a uniformly distributed, trace constituent of clean air, vital to all life, that is emitted by all productive activities on Earth.
Read the complete letter here.