IB10137
Clean Air Act Issues in the 109th Congress
August 05, 2005

Download Locations:

	U.S. Department of State
	University of North Texas Libraries

Summary:

Congress acted on several Clean Air Act issues in legislation that it passed and sent to the President before the August recess. The most significant of these amendments dealt with ethanol and reformulated gasoline (RFG), and were included in the comprehensive energy bill, H.R. 6. The bill eliminates a requirement that RFG, used in the nation's most polluted areas, contain at least 2% oxygen. In its place, the bill requires that gasoline of all types contain increasing amounts of a specific oxygenate, ethanol, which is generally made from corn. Under the bill, use of ethanol will more than double by 2012. Congress also amended the Clean Air Act in H.R. 3, the transportation bill that it cleared for the President's signature July 29. H.R. 3 addresses the requirement that state and local transportation planners demonstrate conformity between their transportation plans and the timely achievement of air quality standards. Under the bill, the frequency of conformity determinations and the time horizon over which conformity must be demonstrated will both be reduced, making the requirement less burdensome. Failure to demonstrate conformity can lead to a temporary suspension of federal highway funds. Other Clean Air Act amendments appear to have stalled. Major amendments that would have established a cap-and-trade program for emissions from coal-fired electric power plants were among the first items on the agenda of the 109th Congress: S. 131 (the Clear Skies Act) was scheduled for markup by the Senate Environment and Public Works Committee March 9. But the committee failed to approve the bill, on a 9-9 tie vote, in large part because of complaints that the bill would weaken existing Clean Air Act requirements. A deadline for mercury regulations helped drive the Clear Skies debate: EPA faced a judicial deadline of March 15, 2005, to promulgate standards for power plant mercury emissions. The agency met this deadline, but the specifics of its chosen regulation have been widely criticized and are now being challenged by at least 14 states. The regulations could also be overturned if Congress disapproved them under the Congressional Review Act. Resolutions to do so (S.J.Res.20/ H.J.Res. 56) were introduced June 29. The Senate resolution was discharged from the Committee on Environment and Public Works July 18, and could come to the Senate floor in September. EPA also finalized, on March10, the Clean Air Interstate Rule (CAIR), which will cap emissions of sulfur dioxide and nitrogen oxides from power plants in 28 eastern states and the District of Columbia. Rather than promulgate the mercury and CAIR rules, the Administration would have preferred that Congress pass the Clear Skies Act. Under Clear Skies (as under the promulgated mercury and CAIR regulations), there would be national or regional caps on emissions of mercury, sulfur dioxide, and nitrogen oxides, with utilities allowed to trade or bank emission allowances. But Clear Skies would also remove or modify many existing Clean Air Act requirements. Whether to modify such requirements as New Source Review, deadlines for nonattainment areas, and provisions dealing with interstate air pollution are among the key issues in the Clear Skies debate. Other issues that Congress and EPA face include whether to cap power plant emissions of carbon dioxide (CO2) in addition to the other three pollutants. This issue brief will be updated on a regular basis.