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
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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.