CRS Issue Statement on the Clean Air Act and Air Quality Standards

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CRS Issue Statement on the Clean Air Act and

Air Quality Standards

James E. McCarthy, Coordinator

Specialist in Environmental Policy

January 4, 2010

Congressional Research Service

7-5700

www.crs.gov

IS40269

CRS Report for Congress

Prepared for Members and Committees of Congress

c11173008

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CRS Issue Statement on the Clean Air Act and Air Quality Standards

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road questions regarding the effectiveness of economic versus regulatory approaches to

controlling air pollution, the role of federal versus state governments in controlling

emissions, and the respective role of existing EPA authority versus new legislation are the

underlying issues as the 111th Congress considers amendments to the Clean Air Act and conducts

oversight of EPA regulatory actions. Specific issues include what role the Clean Air Act will play

in the prospective regulation of greenhouse gas emissions; how to control emissions of a wide

range of pollutants from electric power plants, many of which operate without state-of-the-art

pollution controls; and whether existing standards for ambient air quality need strengthening.

The clean air debate overlaps to a large extent the debate regarding control of greenhouse gases

GHGs). Many of the bills introduced to cap GHG emissions would amend the Clean Air Act. The

leading approach—a national cap on emissions, with a trading system for emission allowances—

builds on the experience of the Clean Air Act’s acid precipitation program. As it considers

greenhouse gas legislation, Congress will need to decide not only whether to enact greenhouse

gas limits, but, if so, whether legislation will be based on a cap-and-trade system, carbon taxes,

emission standards for specific sectors, or some combination of the above, and the degree to

which federal controls will preempt state regulations, among many other issues.

In addition to Congress, EPA faces many decisions regarding GHGs, as the agency responds to

petitions for a new air quality standard to address ambient GHGs and for action on GHG

emissions from power plants, ships, aircraft, agricultural sources, cars, and trucks. The degree to

which Congress might preempt EPA decisions is an important issue.

Although climate change is expected to take the lion’s share of Congressional interest in clean air

issues, attention may also be paid to the regulation of conventional and toxic pollutants from

electric power plants. Many older power plants operate with few controls. When the Clean Air

Act was enacted in 1970, it was assumed that imposing controls on new plants and plants

undergoing modifications would eventually lead to controls at all plants; but today, four decades

later, hundreds of power plants are still operating with minimal pollution control equipment. In

2005, EPA promulgated cap-and-trade programs for power plant emissions, but the U.S. Court of

Appeals for the D.C. Circuit vacated these regulations in 2008, in two separate, unanimous

decisions. Without new regulations of some sort, most Eastern states face a huge gap in their

emission control programs. Thus, EPA is at work crafting replacement regulations; Congress may

be asked to consider legislation addressing power plant emissions, as well. The costs and benefits

of various levels of control, the availability of control technology, and legal issues related to the

vacated standards are among the issues that Congress and EPA face.

Over the next 18 months, EPA also faces statutory and judicial deadlines to complete reviews of

five of the six existing National Ambient Air Quality Standards. Early indications are that most of

these standards will be strengthened, leading to a new round of tighter emission controls on many

air pollution sources. The health and environmental impacts as well as the economic impacts of

such a regulatory strengthening may lead to Congressional oversight of EPA’s decisions.

Congress may also wish to reexamine the process of setting such standards, which has been

controversial in recent years.

Congressional Research Service

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CRS Issue Statement on the Clean Air Act and Air Quality Standards

Issue Team Members

James E. McCarthy, Coordinator

Specialist in Environmental Policy

jmccarthy@crs.loc.gov, 7-7225

Larry Parker

Specialist in Energy and Environmental Policy

lparker@crs.loc.gov, 7-7238

Vanessa Cieslak

Information Research Specialist

vcieslak@crs.loc.gov, 7-8978

Beth A. Roberts

Information Research Specialist

eroberts@crs.loc.gov, 7-9090

Claudia Copeland

Specialist in Resources and Environmental Policy

ccopeland@crs.loc.gov, 7-7227

Linda-Jo Schierow

Specialist in Environmental Policy

lschierow@crs.loc.gov, 7-7279

Robert Esworthy

Specialist in Environmental Policy

resworthy@crs.loc.gov, 7-7236

Dana A. Shea

Specialist in Science and Technology Policy

dshea@crs.loc.gov, 7-6844

Robert Meltz

Legislative Attorney

rmeltz@crs.loc.gov, 7-7891

Brent D. Yacobucci

Specialist in Energy and Environmental Policy

byacobucci@crs.loc.gov, 7-9662

Congressional Research Service

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