{ "id": "RL34589", "type": "CRS Report", "typeId": "REPORTS", "number": "RL34589", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 387910, "date": "2011-05-23", "retrieved": "2016-04-07T00:49:39.785558", "title": "Clean Air After the CAIR Decision: Multi-Pollutant Approaches to Controlling Powerplant Emissions", "summary": "On August 2, 2010, the Environmental Protection Agency (EPA) proposed a new Clean Air Transport Rule to control powerplant emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx). When finalized, this rule will replace the Clean Air Interstate Rule (CAIR); CAIR, which was promulgated in May 2005, established a regional cap-and-trade program for SO2 and NOx emissions from electric generating units (EGUs) in 28 eastern states and the District of Columbia. On July 11, 2008, in North Carolina v. EPA, the U.S. Court of Appeals for the D.C. Circuit vacated CAIR, saying that it had \u201cmore than several fatal flaws.\u201d The court subsequently modified its decision on December 23, 2008, however, reversing itself by allowing CAIR to remain in effect until a new rule is promulgated by EPA. \nFrom a policy standpoint, the court\u2019s July 2008 decision seriously undermined EPA\u2019s approach to clean air over the previous eight years. CAIR was the lynchpin that held together the Bush Administration\u2019s strategy for attainment of the ozone and fine particulate National Ambient Air Quality Standards (NAAQS), for achieving reductions in mercury emissions from coal-fired powerplants, for addressing regional haze impacts from powerplants, and for responding to state petitions to control upwind sources of ozone and fine particulates under Section 126 of the Clean Air Act. As discussed in this report, the potential impact on communities attempting to achieve NAAQS and the impact on mercury emissions without CAIR or a similar rule would be substantial; this has prompted some to call for congressional action to address the issue. On February 4, 2010, Senator Carper and 11 bipartisan cosponsors introduced S. 2995, a multipollutant bill that would have replaced the CAIR requirements, and required standards for powerplant emissions of mercury. The bill was not acted on. As of May 2011, legislation addressing CAIR replacement has not been introduced in the 112th Congress.\nThe D.C. Circuit\u2019s July 2008 decision strongly suggested that there is no simple \u201cfix\u201d that will make CAIR acceptable to the court. This left EPA with three clear long-term options: (1) starting anew with a new strategy with respect to mitigating transported air pollution based on the decision; (2) allowing the states to sort out the issue through Section 126 petitions; and (3) seeking new legislation providing EPA with the statutory authority to implement either CAIR in some form, or an alternative. The agency is proceeding with the first of these options with its proposed transport rule, but has indicated that it views congressional efforts to address the issue as \u201cmutually reinforcing.\u201d\nFor Congress, the court decision raises several issues:\nShould Congress consider providing EPA with the authority to implement CAIR or other cost-based, market-oriented approaches to address NAAQS?\nShould Congress consider multi-pollutant legislation as a supplement or substitute for the current regulatory regime, at least for electric generating units?\nShould Congress consider a more comprehensive revision to the Clean Air Act to address the full scope of ozone and PM2.5 NAAQS non-attainment and related issues, as well as mercury emissions from coal-fired powerplants, and emerging environmental issues such as climate change?", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL34589", "sha1": "12a9cd2e02b3fe4b3af569abe526b2cc2b1ad1bf", "filename": "files/20110523_RL34589_12a9cd2e02b3fe4b3af569abe526b2cc2b1ad1bf.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL34589", "sha1": "d8e04335efd7548f21966dca8a8fd9b9d322ba2a", "filename": "files/20110523_RL34589_d8e04335efd7548f21966dca8a8fd9b9d322ba2a.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc812151/", "id": "RL34589_2010Mar04", "date": "2010-03-04", "retrieved": "2016-03-19T13:57:26", "title": "Clean Air After the CAIR Decision: MultiPollutant Approaches to Controlling Powerplant Emissions", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20100304_RL34589_ef4d90b85230356ed2fdaabe642ea4aea414db40.pdf" }, { "format": "HTML", "filename": "files/20100304_RL34589_ef4d90b85230356ed2fdaabe642ea4aea414db40.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc87351/", "id": "RL34589_2009Feb09", "date": "2009-02-09", "retrieved": "2012-07-03T07:51:21", "title": "Clean Air After the CAIR Decision: Back to Square One?", "summary": "This report discusses the potential impact on communities attempting to achieve National Ambient Air Quality Standards (NAAQS) and the impact on mercury emissions could be substantial, and has prompted some to call for congressional action to address the issue.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090209_RL34589_a6a4a1c432749fd0a966376e85e2403932457d9e.pdf" }, { "format": "HTML", "filename": "files/20090209_RL34589_a6a4a1c432749fd0a966376e85e2403932457d9e.html" } ], "topics": [ { "source": "LIV", "id": "Greenhouse gases", "name": "Greenhouse gases" }, { "source": "LIV", "id": "Motor vehicle pollution control", "name": "Motor vehicle pollution control" }, { "source": "LIV", "id": "Air pollution", "name": "Air pollution" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc813211/", "id": "RL34589_2008Oct09", "date": "2008-10-09", "retrieved": "2016-03-19T13:57:26", "title": "Clean Air After the CAIR Decision: Back to Square One?", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20081009_RL34589_fc9665a19ab3738eb67d1c83d96c44a6f6c3516c.pdf" }, { "format": "HTML", "filename": "files/20081009_RL34589_fc9665a19ab3738eb67d1c83d96c44a6f6c3516c.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc94165/", "id": "RL34589_2008Jul22", "date": "2008-07-22", "retrieved": "2012-07-24T12:39:36", "title": "Clean Air After the CAIR Decision: Back to Square One?", "summary": "This report discusses three Environmental Protection Agency (EPA) long-term options in regard to Clean Air: (1) starting anew with a new strategy with respect to mitigating transported air pollution based on the decision; (2) allowing the states to sort out the issue through Section 126 petitions; and (3) seeking new legislation providing EPA with the statutory authority to implement either CAIR in some form, or an alternative.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080722_RL34589_0e26efe3e63ca510a6e13dc6a7538334a413393b.pdf" }, { "format": "HTML", "filename": "files/20080722_RL34589_0e26efe3e63ca510a6e13dc6a7538334a413393b.html" } ], "topics": [ { "source": "LIV", "id": "Air pollution control", "name": "Air pollution control" }, { "source": "LIV", "id": "Air quality", "name": "Air quality" }, { "source": "LIV", "id": "Environmental protection", "name": "Environmental protection" } ] } ], "topics": [] }