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Regulating New Fossil-Fuel Appliances Under Section 111(b) of the Clean Air Act

Regulating New Fossil-Fuel Appliances Under Section 111(b) of the Clean Air Act

Full Title: Regulating New Fossil-Fuel Appliances Under Section 111(b) of the Clean Air Act
Author(s): Jack Lienke, Rachel Rothschild, Henry Engelstein, Nardos Girma
Publisher(s): Institute for Policy Integrity at the New York University School of Law
Publication Date: October 15, 2021
Full Text: Download Resource
Description (excerpt):

Most residential and commercial buildings use appliances powered with fossil fuels for space and/or water heating. Collectively, these appliances emit twice the level of smog-forming nitrogen oxides as the nation’s gas-fired power plants and almost as much planet-warming carbon dioxide. Yet while the U.S. Environmental Protection Agency (EPA) has limited gas power plants’ NOx emissions since the 1970s and their greenhouse gas emissions since 2015, the agency has never regulated emissions from residential appliances and restricts emissions from only a tiny fraction of heating systems in commercial buildings.

This report finds that EPA has authority under Section 111(b) of the Clean Air Act to set nationwide performance standards for new residential and commercial fossil-fuel appliances and that multiple means of reducing emissions from such appliances are adequately demonstrated, including the use of electric-heat-pump technology. The report further concludes that EPA could base standards on an assumption of emissions averaging and trading across manufacturers’ appliance fleets.

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