Silver, the Supreme Court gave EPA the power to rule on greenhouse
gases. You're limiting yourself to the table of contents to the bill
-- the Court read the whole thing and said they have the power.
The EPA will promulgate rules and put them under whatever section or
subsection is appropriate.
In the meantime, federal government objections to California's right
to determine their own environmental policy have been lifted and other
states will follow suit -- those that were waiting in the wings to
find out what would happen with California.
It's bogus to believe that states are now being asked to take over the
job of the US Government -- that's what the automakers want you to
believe because that's the argument they've used successfully under
Bush to stall. They virtually set up a war between California and the
Federal Government, and egged the feds forward by telling them that
California had no right to set public policy for the entire country.
That's not true any longer. California can set the rules for itself
and the other states that want clean air, and it's also likely those
SAME rules will be followed by many states across the country.
Carmakers don't have to worry about making 2 different cars -- one car
fits all -- the new California standards -- will be just fine, whether
individual states follow suit or not.
In addition, the EPA will begin the rulemaking process to clean up air
across the US.
I know it seems difficult to believe that carmakers would operate
against their own best interests (smaller cars, more fuel efficient
cars, less polluting cars) but they have. While its true that
Americans have bought the big models primarily because gas was cheap,
it's also true that they wouldn't have purchased them if they hadn't
been made.
Detroit didn't want to retool and they didn't want to try to compete
with Japan, Korea and now India and China in the small car market. If
gas could stay cheap, then Detroit would have its own niche market.
Now that most Americans realize that gas isn't going to stay cheap and
that it won't pay in the long run to purchase large automobiles unless
they simply MUST have them for work or because they are too fat to fit
into smaller cars, the buying habits of most are about to change for
economic reasons, with a by-product being to save the planet.
And the EPA will accommodate those new rules under the current law.
Part A under Title I would be a good place to start, but Part C under
Title II can also accommodate changes.