A coalition of 26 climate change, public health and environmental justice advocacy organizations formally petitioned the Environmental Protection Agency on Tuesday to regulate air pollution produced by residential and commercial heating appliances.

The coalition called for the agency to issue rules mandating the use of oil and gas boilers in homes, offices, schools and hospitals.

Environmental activists rally in front of the U.S. Supreme Court holding a banner saying: Get Climate Done, as well as placards saying things like: People v. Polluters, Climate Action Now and Congress:#Climatecantwait.
Environmental activists rally in front of the U.S. Supreme Court on July 6 in Washington, D.C. (Drew Angerer/Getty Images)

The Sierra Club, U.S. PIRG, Environment America and Physicians for Social Responsibility want the EPA to set zero emission standards for appliances by 2030.

On the basis of the availability of emissions-free heating systems like electric heat pumps, the EPA would set a first-ever standard limiting the amount of nitrous oxides that residential and commercial heating systems can produce.

The EPA doesn't know if it will fulfill the request. When asked if the EPA would respond to the petition, a spokesman said only that they would review it.

While not dismissing the possibility that the EPA could regulate home furnaces, energy industry experts noted that such a regulation might not pass the agency's cost-benefit analysis and that it could be overturned in court.

New federal regulations on home and commercial appliances that are powered by natural gas are likely to be resisted by the oil and gas industry.

A natural gas flare burns near an oil pump jack at the New Harmony Oil Field in Grayville, Ill., on June 19. (Luke Sharrett/Bloomberg via Getty Images)

The American Gas Association said that banning natural gas or natural gas appliances would be harmful to consumers and the environment. The data shows that natural gas is helping us achieve our environmental goals. This proposal would impose unnecessary burdens on consumers at every step of the process, including our most vulnerable communities. This proposal is not good for the environment.

The Clean Air Act requires the EPA to regulate pollution from residential and commercial furnaces, according to the petition.

According to the text of the Clean Air Act, the administrator must list the source of pollution that endangers the public health. I think it is a compelling case that these appliances meet both of the criteria. The source must be listed by the EPA administrator.

The petition gathers evidence that nitrous oxides cause a lot of health harms. Nitrogen dioxide causes inflammation of the airways, worsened cough and wheezing, reduced lung function, and greater likelihood of emergency department and hospital admissions according to the American Lung Association. According to new research, NO2 may be a cause of asthma in children. The formation of smog is caused by nitrous oxides, according to the EPA.

Climate activists, including members of Extinction Rebellion, rally against a recent Supreme Court ruling on June 30 in New York City. (Spencer Platt/Getty Images)

The EPA found evidence suggesting a correlation between nitrogen dioxide exposure and cardiovascular effects, diabetes, adverse birth outcomes, and cancer.

The agency regulates nitrous oxides from a lot of different sources. Fossil fuel-fired steam generators, municipal waste combustors, nitric acid plants, stationary gas turbine, and Portland cement plants, among others, have been regulated by the EPA.

There is a precedent for regulating pollution from home heating appliances, according to the petition. The proposed source category is similar to the residential wood heating source category. The EPA has so far issued standards for new residential wood-burning stove, forced-air heater, and masonry heaters. The sources differ in technology and process methods, but they all produce heat for domestic use.

The Director of Environment Campaigns at the U.S. PIRG said that air pollution from fossil fuel-powered home appliances is a serious problem. It can lead to asthma and make us more susceptible to respiratory illnesses, and it is worse for our children. This pollution needs to be eliminated at its source. The EPA needs to quickly adopt regulations that will protect the health of our communities and help secure a cleaner future for all Americans.

The Environmental Protection Agency headquarters in Washington, D.C., in June. (Stefani Reynolds/AFP via Getty Images)

Critics of the proposal argue that the difference in cost between electric heat pumps and fossil fuel furnaces makes it hard for the EPA to justify new restrictions.

Philip Rossetti is a resident senior fellow in the energy program at R Street, a conservative think tank. Poor and disadvantaged Americans will be hardest hit by a forced transition to alternative appliances.

Electric heat pumps cost more upfront to install than they do in the long run. A new gas furnace costs between $1,700 and $9,700 and a new oil furnace costs between $4,300 and $9,200 according to This Old House. Electric heat pumps cost between $2,500 and $20,000, with an average cost of $14,000, according to a national survey conducted by Carbon Switch.

There is a chance that a court could find that the EPA regulation banning residential and commercial furnaces goes beyond its powers under the Clean Air Act. The Supreme Court ruled in June that the EPA did not follow the law when it set a standard for carbon emissions from power plants that encouraged utilities to switch from coal to clean energy sources. The court held that the Clean Air Act only allows the agency to require pollution control technology, not to have to switch between products. The conservative majority on the court doesn't think that the regulatory agencies have the power to make policy.

Environmental activists rally near the U.S. Capitol on July 6. (Drew Angerer/Getty Images)

Frank Maisano is a partner in the policy resolution group at Bracewell, a law and lobbying firm that represents energy companies. The Supreme Court and other courts don't like that anymore. The Supreme Court has stepped on the EPA when they have overreached in these cases.

Air-sourced heat pumps don't function as well in cold temperatures because they don't get heat from outside. An oil or gas furnace is often a backup option for homeowners who have heat pumps in cold climates.

Air-sourced heat pumps are more expensive than ground-sourced heat pumps in colder climates. Installation of a ground source heat pump in a 2,000 square foot house can cost up to $20,000.

The benefits could be substantial. Carbon dioxide and methane can be released from the smokestack by furnaces that burn gas or oil. The majority of the US's greenhouse gas emissions come from commercial and residential buildings. Industrial boilers are a major source of climate pollution but are harder to replace due to higher temperatures.

The Biden administration is encouraging Americans to switch from oil or gas furnaces to electric heat pumps, which transfer heat from the cold outside air to the inside, like an air conditioning in reverse. Customers who make less than $150,000 a year can get tax credits for replacing oil and gas burners with electric heat pumps and water boilers, which will save them 30% on the purchase price.

A gas flare from the Shell Chemical LP petroleum refinery illuminates the sky in August 2019 in Norco, La. (Drew Angerer/Getty Images)

The activists first approached the EPA with the idea of regulating residential and commercial furnaces, but were told that the agency was too busy to consider it.

Minkara was a co-author of the petition. They were swamped last summer dealing with regulatory reversals. After they read our petition, they said to come back later.

The Clean Air Act requires that the technology be widely available and accessible for the EPA to set a standard. According to Minkara, because of the Inflation Reduction Act and other moves the Biden administration has taken, heat pumps will be cost-competitive by savesay savesay savesay argued that because of the inflation reduction act and other moves the Biden administration has taken, heat pumps will be cost-competitive by savesay savesay

Minkara said that even though heat pumps are more expensive than furnaces, they have become more affordable thanks to the inflation reduction act. When the switch has to happen, we hope that heat pumps will be an affordable option.

There are options for the rules to be phased in step with technology. In the South, where homes are often already fully electric, and switch to heat pumps is straightforward, the rule could take effect in this decade, while states in colder climates may require electric upgrades that are eligible for inflation.

The heating industry would object to the fact that consumers are limited in their choices. Electric heat pumps are available for anyone who wants them.

Getting the public to think about the effects of the gas boiler in the basement on climate change and outdoor air pollution would be a step forward for the Sierra Club.

If the public is made aware that these appliances are hurting the health of their communities, it will be a win.

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