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Today, EPA Administrator Lisa Jackson announced a finalized endangerment finding on GHG emissions pursuant to Section 202(a) of the Clean Air Act (CAA).  This endangerment finding includes two parts.  First, EPA found that elevated concentrations of carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hyrdofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulfur hexafluoride (SF₆) endanger both public health and the public welfare.  Additionally, EPA found that combined emissions of GHGs from new motor vehicle and new motor vehicle engines contribute to GHG air pollution, which endangers both public health and welfare. 

These findings do not themselves impose any requirements on industry or other entities.  However, this action is a prerequisite to finalizing the EPA’s proposed GHG emissions standards for light-duty vehicles, jointly proposed by EPA and the Department of Transportation’s National Highway Safety Administration on September 15, 2009.  This endangerment finding also serves as a prerequisite for a proposed EPA rule to regulate stationary sources that emit 25,000 tons per year or more of CO₂ or CO₂ equivalent under the Prevention of Significant Deterioration (PSD) program of the CAA.  EPA is expected to finalize both the tailpipe emission standards for light-duty trucks and the PSD regulations by March 2010. 

The timing is not coincidence, but rather part of a well-coordinated strategy to send international signals of US resolve.  The Obama Administration hopes that this finding will buoy efforts to reach a political agreement at U.N. negotiations irrespective of Senate inaction on reducing emissions.