November 25, 2008

 

Air and Radiation Docket and Information Center

U.S. Environmental Protection Agency

Mail Code 2822T

1200 Pennsylvania Avenue, NW

Washington, DC  20460

a-and-rDocket@epa.gov

 

Re:  Regulating Greenhouse Gases Under the Clean Air Act; Proposed Rule

Docket ID No. EPA-HQ-OAR-2008-0318

 

 

Thank you for providing North Dakota Stockmen’s Association (NDSA) with the opportunity to comment on the Environmental Protection Agency’s July 11, 2008 Advanced Notice of Proposed Rulemaking (ANPR) on Regulating Greenhouse Gases (GHGs) under the Clean Air Act (CAA).  NDSA strongly opposes any effort to regulate greenhouse gases under current programs of the CAA.

 

It is clear from the ANPR and Agency comments that the potential regulation of GHGs under the Clean Air Act would be economically devastating to American businesses, including farmers, and families.  As the Department of Energy stated in its comments, the regulation of stationary sources under the Clean Air Act “would likely dramatically increase the price of energy in this country” and would increase costs of energy use by sources such as “schools, hospitals, apartment buildings and residential homes.”  The Department of Commerce pointed out that for the first time many small commercial establishments like churches, hotels, and hospitals would be regulated by the EPA.  Our Nation’s food supply would also be affected negatively by high energy and transportation costs, placing significant economic hardship on agricultural producers and everyday consumers.  For example, the production methods and equipment used by the agricultural sector to grow the food that feeds ourselves and the rest of the world involves complex technology dependent on the consumption of all forms of energy.  In addition to increased energy costs, the ANPR points out that many agricultural producers would be required to get individual CAA permits for the first time.  The USDA estimates that cattle producers with 50 head of cattle or more would be required to get such permits.  Some of the increased costs associated with the proposed regulation would be passed on to everyday consumers further increasing the cost of food, but much of it would have to be borne by agricultural producers themselves.  The costs of permitting alone would put many producers out of business.  Simply put, costs associated with GHG regulation under the CAA cannot be afforded by our agricultural producers or everyday consumers.

 

In addition, regulation of GHGs under the CAA must be rejected because the CAA is fundamentally ill-suited for GHG regulation.  Indeed, Congress never intended to regulate GHGs under the CAA.  The CAA was originally intended to regulate traditional air pollutants from major emitters on a state or regional level.  While it has done a good job of cleaning up criteria and other pollutants, it is not adequately equipped to address global climate change.  The CAA imposes a command and control regulatory program that would impose untenable burdens, expenses and restrictions on industry, families, and our Nation as a whole if used to attempt to control GHG emissions.  In addition, such a decision would provide the EPA with unprecedented control over every sector of the U.S. economy.  According to the U.S. Chamber of Commerce, regulation of GHGs under the CAA would require the issuance of Prevention of Significant Deterioration (PSD) permits for over one million commercial sector sources, nearly 200,000 industrial-manufacturing sources, and more than 17,000 agricultural sector sources.  As President Bush observed in April 2008:  “Decisions with such far reaching impact should not be left to unelected regulators and judges.  Such decisions should be debated openly [and] made by elected representatives of the people they affect.”  NDSA agrees wholeheartedly with this sentiment.  If GHGs are to be regulated in the United States, such regulation must be thoughtfully considered and voted on by Congress.  Allowing the EPA to regulate GHGs under the CAA when it was never intended to regulate such emissions would be irresponsible and economically devastating.  In addition if it is to be regulated it must be a global regulation and not put the entire burden on the United States of America.  North Dakota Stockmen’s Association urges the Administrator to reject this approach.

 

Again, thank you for this opportunity to comment.

 

Sincerely,

 

Wade Moser

Executive Vice President

North Dakota Stockmen's Association

407 S. 2nd St.

Bismarck, ND 58504

701-223-2522

www.ndstockmen.org