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On April 6, 2021, more than 400 environmental non-governmental organizations (ENGOs) submitted to EPA a “Petition for Rulemaking to Remove Methane and Ethane from ‘Negligibly Reactive’ Volatile Organic Compounds List.” If granted, the petition could have greater consequence for Clean Air Act regulation than has the “endangerment finding” EPA issued for greenhouse gases in 2009 following
Massachusetts v. EPA. This is because the Clean Air Act was built to regulate volatile organic compounds (VOCs) in ways it was not built to regulate “greenhouse gases,” and so calling methane and ethane VOCs would unleash the regulation of those two compounds under effectively all available Clean Air Act programs. Existing regulatory programs are not equipped to bear that load.
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