Trzupek: challenge the tailoring rule

“The solution to this bureaucratic dilemma was proposed by Lisa Jackson’s EPA on September 30, 2009 in the form of the Agency’s “tailoring rule”. Under this regulation, USEPA would do away with the 100 ton per year threshold [mandated by the Clean Air Act] when it comes to greenhouse gases and replace it with a much more manageable threshold: 25,000 tons per year. The reason for taking this action is clearly stated in the preamble of the proposed rule:

Without this tailoring rule, permitting authorities would… be required to issue title V permits for approximately some six million sources – currently, their title V inventory is some 15,000 sources.

[But] … Congress never gave the USEPA (or any other regulatory agency) the authority to modify the legislation which empowered the regulatory agency in the first place.

This is tenuous legal ground, equivalent to granting the police department the power to decriminalize behavior based on their work load. If Republicans want to derail global warming hysteria, here’s a first step: challenge the tailoring rule. Demand that USEPA regulates the 6 million major sources of greenhouse gas emissions that an Act of Congress says they should.

Why would any advocate of small government support such a course? For the very same reason that USEPA says it needs the tailoring rule in the first place: because greenhouse gas regulation under the Clean Air Act is absurd.  …

Those 5,985,000 new major sources would include – among other entities – churches, schools, small businesses and (how ironic is this?) celebrity homes like Al Gore’s and Brad Pitt’s palatial estates.  … Is there any doubt how church-goers, parents and small business owners would react if they were suddenly informed that they were “destroying the planet” along with the coal-fired power plants? Such an initiative on the part of USEPA would, I submit, cause millions of Americans to re-examine their beliefs regarding so-called “global warming,” and that would be a good thing.”  “Bluff and bluster:  the real story behind EPA regulating greenhouse gases (Part 1)


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