It is widely agreed that greenhouse gases are a leading cause of global warming. The most plentiful and arguably hardest to regulate of these gases is one which every single one of us is responsible for generating, Carbon Dioxide CO2. Carbon Dioxide is a natural byproduct of respiration, combustion, and decomposition. Traditionally, the EPA has regulated pollutants which originate from point sources (sources which are stationary, and readily identifiable such as smoke stacks, drainage pipes, and other similar structures) and not from mobile sources such as vehicles, vessels, and other activities such as deforestation.
The new climate change legislation proposed by Representatives Waxman and Markey is divided into four titles the first two of which will be summarized below:
Title I: Clean Energy
- Renewable Energy
- Retail electricity suppliers must provide certain percentages of their load with electricity generated from renewable resources such as wind, solar, geothermal, and biomass.
- The following amounts of energy must be from renewable source, 6% in 2012 stepped up to 25% in 2025
· Carbon Capture and Sequestration (CCS)
o Enables coal to continue to be used for electricity generation while reducing global warming by capturing and injecting the carbon dioxide into underground wells.
· Clean Fuels and Vehicles
o Establishes low-carbon fuel standard to promote biofuels. Additionally authorizes grants or loan guarantees for large-scale demonstration of electric vehicles.
· Smart Grid and Electricity Transmission
o Provides for deployment of a smart grid including measures to promote smart grip capability in new appliances. Also directs the Federal Energy Regulatory Commission to provide for new transmission lines to carry electricity from renewable sources.
· Partnership with States
o Form a State Energy and Environmental Development Fund in each state to serve as repository for federal money for clean energy and energy efficiency projects
· Federal Purchase of Renewable Energy
o Federal agencies may enter into long term contracts to purchase renewable electricity
Title II: Energy Efficiency
· Building Energy Efficiency
o Federal funding and training for states that adopt advanced building codes.
o Directs the EPA to develop procedures for rating building energy efficiency
· Appliance Energy Efficiency
o Codifies efficiency standards for lighting and other appliances.
o Improves DOE process for setting energy efficiency standards and strengthens the cost-effectiveness test to establish minimum standards. Incentives are provided to retailers who sell high volumes of “Best-In-Class” appliances.
· Transportation Efficiency
o Seeks to harmonize vehicle emission standards of the EPA, California, and Federal fuel economy standards.
o Directs EPA to set emission standards for locomotives, marine vessels, and nonroad sources.
o Large metropolitan planning organizations must submit plans which establish goals for reducing global warming pollution from the transportation sector.
· Utilities Energy Efficiency
o Distribution companies must show their customers have achieved a 1% electricity savings and 0.75% natural gas savings in 2012 and increase to 15% electricity savings and 10% natural gas savings by 2020.
· Industrial Energy Efficiency
o Secretary of Energy is required to establish standards for industrial energy efficiency and to seek ANSI recognition of the standard.
· Public and Federal Energy Efficiency
o Amends the Energy Independence and Security Act of 2007 to include nonprofit hospitals and public health facilities as public institutions eligible for grants and loans for energy efficiency.
Later this week part two of this series will focus on the remaining two titles of the proposed legislation as well as what it means from a regulatory prospective as well as its implications for green building.
A copy of the draft legislation can be found here.
The executive summary of the legislation can be found here.
An excellent article form the New York Times explains some of the problems the EPA will have with implementing the new legislation if it becomes law.
Climate change is a hotly debated issue with some individuals proclaiming it is absolute and undeniable and others refusing to believe in its existence. Whether or not you believe in climate change is a personal decision but pollution such as carbon dioxide affects our environment in more ways than one.Pollution from both point sources such as power plants and industrial facilities as well as from mobile sources such as cars, planes, and boats undeniably changes our natural environment for the worst. The pollutants released by these sources include Carbon Dioxide, Carbon Monoxide, Sulfur Dioxide, Ozone, and Particulate Matter which as well as numerous other chemicals. The EPA under the Clean Air Act was required to establish National Ambient Air Quality Standards for the six criteria air pollutants. The recent climate change legislation proposes to add Carbon Dioxide to those substances regulated by the EPA. 
