EPA’s Tailoring Rule: Who’s NOT Going to be Affected?

From page three of the final rule, “Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule,” the section, “Does this action apply to me?”

Entities affected by this action include sources in all sectors of the economy, including commercial and residential sources. Entities potentially affected by this action also include states, local permitting authorities, and tribal authorities. The majority of categories and entities potentially affected by this action are expected to be in the following groups:

  • Agriculture, fishing, and hunting
  • Mining
  • Utilities (electric, natural gas, other systems)
  • Manufacturing (food, beverages, tobacco, textiles, leather)
  • Wood product, paper, manufacturing products
  • Nonmetallic mineral product manufacturing
  • Primary and fabricated metal manufacturing
  • Machinery manufacturing
  • Computer and electronic products manufacturing
  • Electrical equipment, appliance, and component manufacturing
  • Transportation equipment manufacturing
  • Furniture and related product manufacturing
  • Miscellaneous manufacturing
  • Waste management and remediation
  • Hospitals/Nursing and residential care facilities
  • Personal and laundry services
  • Residential/private households
  • Non-Residential (Commercial)

The final reg helpfully includes the NAISC codes.

You see the list as it appears in the reg, pp 3-5, here.

Join the discussion One Comment

  • AMR1960 says:

    The authority that the EPA MUST use in an effort to regulate CO2 is the Clean Air Act. That act is very specific in the triggers, and the parameters that specify what the EPA must do with ANY pollutant that it deems qualifies for “Endangerment” status. That’s where the walls begin to close-in on the EPA, here’s how it’s gonna play out…

    The EPA’s efforts to regulate CO2 under what they are calling the “Tailoring Rule” so as to shuft UPWARD the Threshold trigger for CO2 to 25,000 tons/year, this proposed change will be subject to a powerful legal challenge. Under the Clean Air Act, the threshold action levels for criteria pollutants is 250 tons per year, NO Exceptions–that limit will subject virtually every medium business, and most small business even some upper-income families & individuals to the harsh sanctions under the Clean Air Act.

    The EPA concedes that without this Tailoring Rule, these lower thresholds would take effect automatically for CO2 with the adoption of any EPA rule that controls or limits CO2, such as the proposed CAFÉ standards. But EPA says that regulating CO2 at that level would be logistically impossible. EPA’s Tailoring Rule would likely be challenged as an “ultra vires” (beyond the scope of powers) attempt to usurp the legislature on this issue, in effect an argument that EPA doesn’t have the power to decide that the legislatively-enacted 250 ton per year level are not appropriate for CO2.

    The fact that the EPA must attempt an INCREASE of the threshold limit for CO2 by 100 times, goes to point on the absurdity of their widening of the definition of an Endangerment Pollutant to a ridiculous level. The increasingly tenacious Global Warming concensus the EPA uses as a justification for this effort, actually masquerades it’s governmental/regulatory end-game…The sequestering of more than just our Carbon Foot-Print making this effort a threat, and a genuine ENDANGERMENT of our Liberty…I urge my fellow Americans to speak-up and let our elected leaders know that they have gone too far, when they abuse the environmental protection process, as a method to advance their socio-political Collectivism…

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