To get around this, Obama’s EPA proposed a “tailoring rule” that would change the language of the CAA so that the threshold would be 25,000 tons. The legality of this is very much in doubt, as it amounts to the executive branch legislating, and is therefore a violation of the separation of powers.
Also under the Clean Air Act, any “pollutant” that “endangers” human health and welfare, and which is regulated for stationary and mobile sources, becomes subject to National Ambient Air Quality Standards. As described above, the Obama administration is in the process of fulfilling all these NAAQS criteria.
Last week, two environmentalist groups petitioned the EPA to regulate greenhouse gases under NAAQS. Soon the EPA will have no choice. Once the NAAQS kicks in — and it will — the American economy is, not to put too fine a point on it, screwed. The government won’t be able to permit anything larger than a mansion. Taken to the extent mandated under the Clean Air Act, the EPA would probably have to order the shut-down of most industrial suppliers and users of conventional energy.
WHAT IS GOING ON?
THIS IS MINDLESS REGULATION.