{
  "id": "RL32782",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL32782",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 305355,
      "date": "2005-02-25",
      "retrieved": "2016-04-07T19:51:44.548029",
      "title": "Clear Skies and the Clean Air Act: What's the Difference?",
      "summary": "The 109th Congress, like the two before it, is expected to consider proposals to control emissions\nof\nmultiple pollutants from electric power plants. The bills include an Administration-based proposal,\nthe Clear Skies Act ( S. 131 ), which would control emissions of sulfur dioxide (SO2),\nnitrogen oxides (NOx), and mercury, and other bills that would control the three pollutants plus the\ngreenhouse gas carbon dioxide.\n \n Much of the debate surrounding the Administration\u2019s Clear Skies proposal has focused\non its\ncap-and-trade implementation scheme. But in some ways, the proposal\u2019s cap-and-trade\nprovisions\nare its least significant aspects in terms of the proposal\u2019s interaction with the structure of the\nClean\nAir Act. EPA has already promulgated regulations using a regional cap-and-trade program to control\nNOx emissions over the eastern United States (the \u201cNOx SIP Call\u201d) under existing\nClean Air Act\nauthority, and has proposed other cap-and-trade regulations to achieve Clear Skies\u2019 level of\nreductions over 28 eastern states and the District of Columbia for both SO2 and NOx (in the Clean\nAir Interstate Rule). In addition, EPA has proposed cap-and-trade regulations to achieve mercury\nreductions similar to those in Clear Skies, although the legality of these regulations is more\nquestionable.\n \n Critical to the fabric of the Clean Air Act are the various provisions in Clear Skies to alter or\nto delete existing sections of the Act with respect to both electric generating units (EGUs) and\nindustrial sources that choose to opt into the program. The Administration has made it clear that with\nClear Skies\u2019 comprehensive approach to EGUs and opt-ins, it believes certain CAA\nprovisions need\nno longer apply to them, in some cases permanently, in others for as long as 20 years or under certain\nconditions. These include most statutory requirements for Prevention of Significant Deterioration\nand attainment of National Ambient Air Quality Standards under Title I of the Act, as well as most\ncontrols on hazardous air pollutants as they apply to EGUs and opt-ins. These changes would\ndiminish the suite of options states currently have to achieve compliance with air quality standards.\n \n In July 2001 testimony, then-EPA Administrator Whitman identified the central issue in Clear\nSkies\u2019 interaction with current law: Are the emission reduction targets stringent enough to\npermit\nthe relaxing or removal of current provisions of the Clean Air Act designed to achieve the same thing\nwith respect to electric utilities? EPA\u2019s analysis indicates that Clear Skies will not achieve\neither\nthe 8-hour ozone or the fine particulate ambient air quality standards that the agency recently\nimplemented within current CAA compliance deadlines. Some nonattainment areas will need\nadditional controls and time to reach attainment. Clear Skies addresses these issues in part by\nproviding 5 to 15 years of additional time, while effectively removing additional electric utility\ncontrol from the suite of options available to states to achieve the standards. Similarly, with\nmercury, Clear Skies proposes relatively modest controls on electric utilities, and, as currently\ndrafted, would effectively remove additional electric utility controls from the suite of options\navailable to the states. The ability of industrial sources to opt into Clear Skies could further reduce\nstate control options for both mercury and criteria pollutants. This report will not be updated.",
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      "typeId": "REPORTS",
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