Environmental Newsflash, Issue 19

A Summary and Analysis of the Greenhouse Gas Regulation Provisions Contained in the Waxman-Markey Discussion Draft – American Clean Energy and Security Act of 2009

On March 31, 2009, Representatives Waxman and Markey released a discussion draft of the American Clean Energy and Security Act of 2009.  Title III of that discussion draft is entitled “Reducing Global Warming Pollution.”  This paper summarizes and analyzes that portion of the discussion draft.

Designation and Registration of Greenhouse Gases.

The bill designates the following seven gases as greenhouse gases: carbon dioxide, methane, nitrous oxide, sulfur hexaflouride, hydrofluorocarbons, perfluorocarbons, and nitrogen trifluoride.  The first six gases are covered by the Kyoto Protocol, and are typically the six gases included in draft legislation that has been proposed in the past in the United States.  Nitrogen trifluoride is the recent addition.  The bill provides that the EPA may add additional gases.  Also, any person is allowed to petition the EPA to have additional gases added to the list.  The bill converts each of the greenhouse gases to their carbon dioxide equivalent quantity for purposes of regulation. 

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For more information, please contact:
James Derouin: 602.257.5237, jderouin@steptoe.com
Fred Bellamy: 602.257.5204, fbellamy@steptoe.com
David Nelson: 602.257.5246, dnelson@steptoe.com
Mark Freeze: 602.257.5215, mfreeze@steptoe.com