{ "id": "R40145", "type": "CRS Report", "typeId": "REPORTS", "number": "R40145", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 374383, "date": "2010-12-07", "retrieved": "2016-04-07T01:21:34.820042", "title": "Clean Air Issues in the 111th Congress", "summary": "EPA regulatory actions on greenhouse gas (GHG) emissions using existing Clean Air Act authority have been the main focus of congressional interest in clean air issues in recent months. Although the agency and the Obama Administration have consistently said that they would prefer that Congress pass legislation to address climate change, EPA has begun to develop regulations using its existing authority. On December 15, 2009, the agency finalized an \u201cendangerment finding\u201d under Section 202 of the Clean Air Act, which permits it (in fact, requires it) to regulate pollutants for their effect as greenhouse gases for the first time. Relying on this finding, EPA finalized GHG emission standards for cars and light trucks, April 1, 2010. The implementation of these standards will, in turn, trigger permitting requirements and the imposition of Best Available Control Technology for new major stationary sources of GHGs in January 2011. \nIt is the triggering of standards for stationary sources (power plants, manufacturing facilities, etc.) that has raised the most concern in Congress: legislation has been introduced in both the House and Senate aimed at preventing EPA from implementing these requirements. The legislation has taken several forms, including the introduction of resolutions of disapproval for the endangerment finding itself under the Congressional Review Act, and stand-alone legislation that would forestall specific EPA regulatory actions. Meanwhile, EPA has itself promulgated regulations and guidance that will limit the applicability of Clean Air Act GHG requirements, delaying the applicability of requirements for all stationary sources until 2011 through guidance published April 2, 2010, and focusing its regulatory efforts on the largest emitters while granting smaller sources at least a six-year reprieve through what it calls the Greenhouse Gas \u201cTailoring Rule.\u201d\nThe endangerment finding and EPA\u2019s other actions, which were triggered by a 2007 Supreme Court decision, came as Congress struggled with climate change and energy legislation. On June 26, 2009, the House narrowly passed H.R. 2454, a 1,428-page bill addressing a number of interrelated energy and climate change issues. The bill would have established a cap-and-trade program for greenhouse gas (GHG) emissions, beginning in 2012. In the Senate, both the Environment and Public Works Committee and the Energy and Natural Resources Committee reported bills (S. 1733 and S. 1462), but action subsequently bogged down, while a trio of Senators began negotiating a climate bill from scratch. As the clock wound down on the 111th Congress, it became less likely that climate legislation would be enacted, and more likely that EPA\u2019s actions would be the principal U.S. response to climate issues for now.\nBesides addressing climate change, EPA has taken action on a number of conventional air pollutants, generally in response to the courts. Several Bush Administration regulatory decisions were vacated or remanded to the agency: among them, the Clean Air Interstate Rule (CAIR)\u2014a rule designed to control the long-range transport of sulfur dioxide and nitrogen oxides from power plants, by establishing a cap-and-trade program\u2014and the Clean Air Mercury Rule, which would have established a cap-and-trade program for power plant mercury emissions. EPA will address these court decisions through new regulations\u2014the agency proposed a replacement for CAIR July 6. Some in Congress have wanted to address these issues through legislation, an approach that might reduce the likelihood of further court challenges. The agency is also in the midst of reviewing ambient air quality standards for the six most widespread air pollutants. These standards serve as EPA\u2019s definition of clean air, and drive a wide range of regulatory controls.\nThis report provides an overview of clean air legislative and regulatory issues. More detailed information on most of the issues can be found in other CRS reports, which are referenced throughout this report.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40145", "sha1": "d7c72667dd5b6646fb789f6a81590dbbca1e64fc", "filename": "files/20101207_R40145_d7c72667dd5b6646fb789f6a81590dbbca1e64fc.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40145", "sha1": "a75725e8964a9c06f8bf4671ce02c8c050dd7dae", "filename": "files/20101207_R40145_a75725e8964a9c06f8bf4671ce02c8c050dd7dae.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc461949/", "id": "R40145_2010Sep01", "date": "2010-09-01", "retrieved": "2014-12-05T09:57:41", "title": "Clean Air Issues in the 111th Congress", "summary": "This report provides a brief overview on the issue of climate change as well as other Clean Air Act issues of interest to the 111th Congress.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100901_R40145_69bed1f86c226d81b9dc98610f03bab8b4fa13c3.pdf" }, { "format": "HTML", "filename": "files/20100901_R40145_69bed1f86c226d81b9dc98610f03bab8b4fa13c3.html" } ], "topics": [ { "source": "LIV", "id": "Air pollution", "name": "Air pollution" }, { "source": "LIV", "id": "Environmental protection", "name": "Environmental protection" }, { "source": "LIV", "id": "Air quality", "name": "Air quality" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc815294/", "id": "R40145_2010Jun14", "date": "2010-06-14", "retrieved": "2016-03-19T13:57:26", "title": "Clean Air Issues in the 111th Congress", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100614_R40145_5093cc127633d5650c63f96a959beb1600e9f78a.pdf" }, { "format": "HTML", "filename": "files/20100614_R40145_5093cc127633d5650c63f96a959beb1600e9f78a.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc463509/", "id": "R40145_2009Jan16", "date": "2009-01-16", "retrieved": "2014-12-05T09:57:41", "title": "Clean Air Issues in the 111th Congress", "summary": "This report provides a brief overview on the issue of climate change as well as other Clean Air Act issues of interest to the 111th Congress.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090116_R40145_09ac1637c236888683e9259addc548e76c17b296.pdf" }, { "format": "HTML", "filename": "files/20090116_R40145_09ac1637c236888683e9259addc548e76c17b296.html" } ], "topics": [ { "source": "LIV", "id": "Air pollution", "name": "Air pollution" }, { "source": "LIV", "id": "Environmental protection", "name": "Environmental protection" }, { "source": "LIV", "id": "Air quality", "name": "Air quality" } ] } ], "topics": [] }