Obama to Declare Carbon Dioxide Dangerous Pollutant (Update1)
Oct. 16 (Bloomberg) -- Barack Obama will classify carbon
dioxide as a dangerous pollutant that can be regulated should he
win the presidential election on Nov. 4, opening the way for new
rules on greenhouse gas emissions.
The Democratic senator from Illinois will tell the
Environmental Protection Agency that it may use the 1990 Clean Air
Act to set emissions limits on power plants and manufacturers, his
energy adviser, Jason Grumet, said in an interview. President
George W. Bush declined to curb CO2 emissions under the law even
after the Supreme Court ruled in 2007 that the government may do
so.
If elected, Obama would be the first president to group
emissions blamed for global warming into a category of pollutants
that includes lead and carbon monoxide. Obama's rival in the
presidential race, Republican Senator John McCain of Arizona, has
not said how he would treat CO2 under the act.
Obama ``would initiate those rulemakings,'' Grumet said in an
Oct. 6 interview in Boston. ``He's not going to insert political
judgments to interrupt the recommendations of the scientific
efforts.''
Placing heat-trapping pollutants in the same category as ozone
may lead to caps on power-plant emissions and force utilities to
use the most expensive systems to curb pollution. The move may halt
construction plans on as many as half of the 130 proposed new U.S.
coal plants.
The president may take action on new rules immediately upon
taking office, said David Bookbinder, chief climate counsel for the
Sierra Club. Environment groups including the Sierra Club and
Natural Resources Defense Council will issue a regulatory agenda
for the next president that calls for limits on CO2 from industry.
`Hit Ground Running'
``This is what they should do to hit the ground running,''
Bookbinder said in an Oct. 10 telephone interview.
Separately, Congress is debating legislation to create an
emissions market to address global warming, a solution endorsed by
both candidates and utilities such as American Electric Power Co.,
the biggest U.S. producer of electricity from coal. Congress failed
to pass a global-warming bill in June and how long it may take
lawmakers to agree on a plan isn't known.
``We need federal legislation to deal with greenhouse-gas
emissions,'' said Vicki Arroyo, general counsel for the Pew Center
on Global Climate Change in Arlington, Virginia. ``In the meantime,
there is this vacuum. People are eager to get started on this.''
An Obama victory would help clear the deadlock in talks on an
international agreement to slow global warming, Rajendra Pachauri,
head of a United Nation panel of climate-change scientists, said
today in Berlin. Negotiators from almost 200 countries will meet in
December in Poznan, Poland, to discuss ways to limit CO2.
`Back in the Game'
``The U.S. has to move quickly domestically so we can get back
in the game internationally,'' Grumet said. ``We cannot have a
meaningful impact in the international discussion until we develop
a meaningful domestic consensus. So he'll move quickly.''
Burning coal to generate electricity produces more than a
third of energy-related carbon dioxide emissions and half the U.S.
power supply, according to the Energy Department. Every hour,
fossil-fuel combustion generates 3.5 million tons of emissions
worldwide, helping create a warming effect that ``already threatens
our climate,'' the Paris-based International Energy Agency said.
The EPA under Bush fought the notion that the Clean Air Act
applies to CO2 all the way to the Supreme Court. The law has been
used successfully to regulate six pollutants, including sulfur
dioxide and ozone. Regulation under the act ``could result in an
unprecedented expansion of EPA authority,'' EPA Administrator
Stephen Johnson said in July. The law ``is the wrong tool for the
job.''
Proponents of regulation are hoping for better results under a
new president. Obama adviser Grumet, executive director of the
National Commission on Energy Policy, said if Congress hasn't acted
in 18 months, about the time it would take to draft rules, the
president should.
EPA Authority
``The EPA is obligated to move forward in the absence of
Congressional action,'' Grumet said. ``If there's no action by
Congress in those 18 months, I think any responsible president
would want to have the regulatory approach.''
States where coal-fired plants may be affected include Nevada,
Utah, New Mexico, Texas, Montana, Minnesota, Illinois, Michigan,
Ohio, Pennsylvania, Virginia, Georgia and Florida.
The alternative, a national cap-and-trade program created by
Congress, offers industry more options, said Bruce Braine, a vice
president at Columbus, Ohio-based American Electric. The world's
largest cap-and-trade plan for greenhouse gases opened in Europe in
2005.
Under a cap-and-trade program, polluters may keep less-
efficient plants running if they offset those emissions with
investments in projects that lower pollution, such as wind-energy
turbines or systems that destroy methane gas from landfills.
McCain `Not a Fan'
``Those options may still allow me to build new efficient
power plants that might not meet a higher standard,'' Braine said
in an Oct. 9 interview. ``That might be a more cost-effective way
to approach it.''
McCain hasn't said how he would approach CO2 regulation under
the Clean Air Act. McCain adviser and former Central Intelligence
Agency director James Woolsey said Oct. 6 that new rules may
conflict with Congressional efforts. Policy adviser Rebecca Jensen
Tallent said in August that McCain prefers a bill debated by
Congress rather than regulations ``established through one agency
where one secretary is getting to make a lot of decisions.''
``He is not as big of a fan of standards-based approaches,''
Arroyo said. ``The Supreme Court thinks it's clear that there is
greenhouse-gas authority under the Clean Air Act. To take that off
the table probably wouldn't be very wise.''
More Efficient Technologies
How new regulations would affect the proposed U.S. coal plants
depends on how they are written, said Bill Fang, climate issue
director for the Edison Electric Institute, a Washington-based
lobbying group for utilities. About half of the proposed plants
plan to use technologies that are 20 percent more efficient than
conventional coal burners.
``Several states have denied the applicability of the Clean
Air Act to coal permits,'' Fang said in an Oct. 10 interview.
In June, a court in Georgia stopped construction of the 1,200-
megawatt Longleaf power plant, a $2 billion project, because
developer Dynegy Inc. failed to consider cleaner technology.
An appeals board within the EPA is considering a challenge
from the Sierra Club to Deseret Power Electric Cooperative's air
permit for its 110-megawatt Bonanza coal plant in Utah on grounds
that it failed to require controls on CO2. One megawatt is enough
to power about 800 typical U.S. homes.
``Industry has woken up to the fact that a new progressive
administration could move quickly to make the United States a
leader rather than a laggard,'' said Bruce Nilles, director of the
group's national coal campaign.
To contact the reporter on this story:
Jim Efstathiou Jr. in New York at
jefstathiou@bloomberg.net
Last Updated: October 16, 2008 09:50 EDT