EPA’s Endangerment Finding

The Industrial Minerals Association – North America (IMA-NA) strongly opposes the Environmental Protection Agency’s Endangerment and Cause or Contribute Findings Rule which was finalized December 15, 2009, and published in the Federal Register. 

When this Rule initially was proposed in June 2009, the IMA-NA filed comments challenging the process that EPA chose to use in moving forward with this Rule.  In those comments we noted that we appreciated the fact that EPA had developed a technical support document to support their efforts, but were concerned that the document relied “most heavily on the major assessment reports of both the IPCC [Intergovernmental Panel on Climate Change] and U.S. CCSP [United States Climate Change Science Program]” and did not include a “new assessment of the scientific literature.”^[1] It has been widely reported that the individuals gathering this information purposely withheld or prevented opposing views from being heard, which raises the question of whether the Rule was developed in an arbitrary manner.  Reflecting the concerns of our members, IMA-NA also joined the Coalition for Responsible Regulations, which filed in-depth commentschallenging of the process that EPA chose to use in promulgating this Rule.

U.S. House of Representatives Energy and Commerce Chairman Emeritus John Dingell (D-MI) weighed in on this issue the day EPA announced they were finalizing the Rule saying, “I continue to make the case that the Supreme Court in Massachusetts v. EPA, erroneously found that greenhouse gases are pollutants covered by the Clean Air Act.  The Clean Air Act was not designed to regulate greenhouse gases, as the then-Chairman of the House Energy and Commerce Committee I know what was intended when we wrote the legislation.  I have said from the beginning that such regulation will result in a glorious mess and regulation of greenhouse gases should be left to Congress.”

The Endangerment Finding stands to significantly impact our industry with burdensome new regulations and permits that will make doing business far more difficult and costly.  The Rule also will open up all industries that emit carbon dioxide to lawsuits from those who will claim that the carbon dioxide emitted is impacting their health or well-being.  Lawsuits already have been filed and allowed to proceed against a number of companies for harm done to property as the result of Hurricane Katrina, which allegedly was stronger due to global warming caused by carbon dioxide.

IMA-NA is a trade association created to advance the interests of North American companies that extract or process industrial minerals used throughout the manufacturing and agricultural industries.  IMA-NA member companies have demonstrated a commitment to the goals of sustainable development and operating in an environmentally friendly manner.  IMA-NA members have been active participants in the Department of Energy’s Climate Vision Program over the last several years, and have committed themselves to a significant emissions reduction by 2012.  IMA-NA stands ready to participate constructively in this process.