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Recent rulemaking by the EPA, if found to be constitutional, will regulate levels of carbon dioxide produced by power plants in each state.

However, CNBC Squawk Box co-anchor Joe Kernen reminded viewers of carbon dioxide’s popularity in an Oct. 9, discussion with the CEO of SodaStream.

Carbon dioxide is the same substance humans exhale and popularly consumed in beverages.

SodaStream CEO Daniel Birnbaum was on the show to discuss competition his company faces from other in-home carbonating appliances, like those manufactured by Keurig.

“You’re carbonating it with CO₂?” Kernen asked. After Birnbaum confirmed that, Kernen pointed out that the EPA had classified CO₂ as a pollutant.

Birnbaum became defensive and said, “CO₂ is proven to be perfectly healthy.” But Kernen assured Birnbaum he was not accusing him of poisoning his customers. Rather, he was pointing out the ridiculousness of the EPA ruling by pointing out that it is “regular carbon dioxide, same thing we’re talking about.”

“CO₂ is an odorless, colorless gas, it’s ubiquitous,” Kernen said. “We all exhale it, and we like it in our drinks.”

[video:https://www.mrctv.org/node/140254 width:720 height:405 align:None]

Yes, the EPA is treating the same substance we all exhale and many enjoy drinking, as a pollutant.