8.4.4 Opportunities for EPA to Regulate Nitrous Oxide

LPDD Recommendation: “EPA should continue to use its authority under CAA §202 to regulate mobile sources of nitrous oxide emissions, and should introduce more stringent nitrous oxide emission caps for new motor vehicle fleets.”

LPDD Recommendation: “EPA should use its authority under CAA §§115 or 615 to issue nationwide regulations respecting the control of nitrous oxide emissions from agricultural soil management and livestock.”

LPDD Recommendation: “EPA should use its authority under CAA §§115, 615, or 111 to establish emission caps or performance standards for stationary sources of nitrous oxide emissions, particularly power plants and nitric acid facilities.”

Clean Air Act §115

It has been postulated that this section could serve as a justification for regulating any greenhouse gas recognized under the Paris Climate Accord.

Clean Air Act §202

EPA has used this authority to set per-vehicle nitrous oxide and methane standards for light duty passenger vehicles as well as heavy-duty vehicles.

Clean Air Act §111

LPDD recommends that EPA consider promulgating nitrous oxide emission standards for fossil-fuel fired steam generators, natural gas units, and CAFOs.

Clean Air Act Title VI

CAA §615 provides the EPA Administrator authority to promulgate regulations controlling any substance anticipated to affect the stratosphere to the detriment of public health and welfare.