Green House Gas Limits

Green House Gas Limits

Green House Gas Limits. I’m Greg Martin with today’s Line On Agriculture.

The Environmental Protection Agency is in the homestretch for issuing new rules under the clean air act to regulate greenhouse gases. But there is a big question as to who would fall under those new rules.  

KRAUSE: EPA does not want to regulate small businesses.  They do not want to regulate farmers and ranchers that have 25 dairy cows.  EPA is looking to regulate the larger emitters of greenhouse gases.

But American Farm Bureau regulatory specialist Rick Krause says the way the clean air act is written, the new regulations would cover sources that emit more than 100 tons of greenhouse gases a year.  That would include thousands of schools, hospitals, farms and ranches.  But the EPA says it will tailor the rule so it only applies to big polluters that emit more than 25,000 tons a year.  But according to Krause, EPA doesn’t have the authority to do that. 

KRAUSE: Agencies cannot change what the law says.  They’re required to implement the law and can’t change it.

So Krause says even if they make the change, one lawsuit would probably change it right back.  The Obama Administration has made it no secret that it would rather see Congress take the lead on climate change.  So some speculate this move by EPA is a message.

KRAUSE: They’re telling Congress please change this so that we can act responsibly and we don’t include all of the small businesses and all the small farmers and ranchers.

But Krause says that’s not a reason for Congress to push through climate change legislation. 

KRAUSE: There are a lot of people that say that congress needs to act or else EPA will. We believe that the threat of EPA action in this case is not sufficient to warrant passing a bad law. 

He explains why EPA’s plan to only regulate big polluters might not stand up in court. 

KRAUSE: What EPA is proposing to do is remove the requirements for most livestock producers by only requiring those entities that emit over 25,000 tons of a greenhouse gas per year to be subject to the rule and that would be a good thing for livestock producers.   But the way the current law is done they really can’t do it. The law trumps regulation and whatever is set forth in the law is what’s going to ultimately govern.  So EPA cannot really administratively change what the law says

That’s today’s Line On Agriculture. I’m Greg Martin on the Northwest Ag Information Network.

 

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