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Cabrillo at First Mixed-Use Residential <br /> Air Quality, Global Climate Change, HRA, and Energy Impact Analysis <br /> 62 19386 <br />such, the U.S. Supreme Court ruled that the EPA should be required to regulate CO2 and other greenhouse <br />gases as pollutants under the federal Clean Air Act (CAA). <br /> <br />In response to the FY2008 Consolidations Appropriations Act (H.R. 2764; Public Law 110-161), EPA proposed <br />a rule on March 10, 2009 that requires mandatory reporting of GHG emissions from large sources in the <br />United States. On September 22, 2009, the Final Mandatory Reporting of GHG Rule was signed and published <br />in the Federal Register on October 30, 2009. The rule became effective on December 29, 2009. This rule <br />requires suppliers of fossil fuels or industrial GHGs, manufacturers of vehicles and engines, and facilities that <br />emit 25,000 metric tons or more per year of GHG emissions to submit annual reports to EPA. <br /> <br />On December 7, 2009, the EPA Administrator signed two distinct findings under section 202(a) of the Clean <br />Air Act. One is an endangerment finding that finds concentrations of the six GHGs in the atmosphere threaten <br />the public health and welfare of current and future generations. The other is a cause or contribute finding, <br />that finds emissions from new motor vehicles and new motor vehicle engines contribute to the GHG pollution <br />which threatens public health and welfare. These actions will not themselves impose any requirements on <br />industry or other entities. However, it is a prerequisite to finalizing the EPA’s proposed GHG emission <br />standards for light-duty vehicles, which were jointly proposed by the EPA and Department of Transportation <br />on September 15, 2009. <br /> <br />Clean Air Act <br /> <br />In Massachusetts v. Environmental Protection Agency (Docket No. 05–1120), the U.S. Supreme Court held <br />in April of 2007 that the USEPA has statutory authority under Section 202 of the federal Clean Air Act (CAA) <br />to regulate GHGs. The court did not hold that the USEPA was required to regulate GHG emissions; however, <br />it indicated that the agency must decide whether GHGs cause or contribute to air pollution that is reasonably <br />anticipated to endanger public health or welfare. On December 7, 2009, the USEPA Administrator signed two <br />distinct findings regarding GHGs under Section 202(a) of the CAA. The USEPA adopted a Final Endangerment <br />Finding for the six defined GHGs (CO2, CH4, N2O, HFCs, PFCs, and SF6) on December 7, 2009. The <br />Endangerment Finding is required before USEPA can regulate GHG emissions under Section 202(a)(1) of the <br />CAA consistently with the United States Supreme Court decision. The USEPA also adopted a Cause or <br />Contribute Finding in which the USEPA Administrator found that GHG emissions from new motor vehicle and <br />motor vehicle engines are contributing to air pollution, which is endangering public health and welfare. These <br />findings do not, by themselves, impose any requirements on industry or other entities. However, these actions <br />were a prerequisite for implementing GHG emissions standards for vehicles. <br /> <br />Energy Independence Security Act <br /> <br />The Energy Independence and Security Act of 2007 (EISA) facilitates the reduction of national <br />GHG emissions by requiring the following: <br /> <br />▪ Increasing the supply of alternative fuel sources by setting a mandatory Renewable Fuel Standard (RFS) <br />that requires fuel producers to use at least 36 billion gallons of biofuel in 2022; <br />▪ Prescribing or revising standards affecting regional efficiency for heating and cooling products, procedures <br />for new or amended standards, energy conservation, energy efficiency labeling for consumer electronic <br />products, residential boiler efficiency, electric motor efficiency, and home appliances; <br />▪ Requiring approximately 25 percent greater efficiency for light bulbs by phasing out incandescent light <br />bulbs between 2012 and 2014; requiring approximately 200 percent greater efficiency for light bulbs, or <br />similar energy savings, by 2020; and <br />▪ While superseded by the USEPA and NHTSA actions described above, (i) establishing miles per gallon <br />targets for cars and light trucks and (ii) directing the NHTSA to establish a fuel economy program for <br />medium- and heavy-duty trucks and create a separate fuel economy standard for trucks. <br /> <br />626/27/2022 <br />Planning Commission 2 –115